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HomeMy WebLinkAbout08/12/2008 Special Council Meeting Agenda Packet`OWN OF 9 h~nu~N,a gRIZONP SPECIAL COUNCIL MEETING NOTICE AND AGENDA Council Chambers 11555 W. Civic Center Drive, Marana, Arizona 85653 August 12, 2008, at or after 6:00 p.m. Ed Honea, Mayor Herb Kai, Vice Mayor Council Members Russell Clanagan Patti Comerford Carol McGorray Jon Post Roxanne Ziegler ACTION MAY BE TAKEN BY THE COUNCIL ON ANY ITEM LISTED ON THIS AGENDA. Revisions to the agenda can occur up to 24 hours prior to the meeting. Revised agenda items appear in italics. As a courtesy to others, please .turn off or put in silent mode all pagers and cell phones. Welcome to this Marana Council meeting. Regular Council meetings are usually held the first and third Tuesday of each month at 7:00 p.m. at the Marana Town Hall, although the date or time may change, or Special Meetings may be called at other times and/or places. Contact Town Hall or watch for posted agendas for other meetings. This agenda may be revised up to 24 hours prior to the meeting. In such a case a new agenda will be posted in place of this agenda. If you are interested in speaking to the Council during Call to the Public, Public Hearings, or other agenda items, you must fill out a speaker card (located in the lobby outside the Council Chambers) and deliver it to the Town Clerk prior to the convening of the meeting. All persons attending the Council meeting, whether speaking to the Council or not, are expected to observe the Council Rules, as well as the rules of politeness, propriety, decorum and good conduct. Any person interfering with the meeting in any way, or acting rudely or loudly will be removed from the meeting and will not be allowed to return. To better serve the citizens of Marana and others attending our meetings, the Council Chambers are wheelchair and handicapped accessible. Any person who, by reason of any disability, is in need of special services as a result of their disability, such as assistive listening devices, agenda materials printed in Braille or large print, a signer for the hearing impaired, etc., will be accommodated. Such special services are available upon prior request to the Town Clerk at least 10 working days prior to the Council meeting. Copies of the agenda are available the day of the meeting in the lobby outside the Council Chambers or online at www.marana.com, by linking to the Town Clerk page under Agendas, Minutes and Ordinances. For questions about the Council meetings, special services or procedures, please contact the Town Clerk, at 382-1999, Monday through Friday from 8:00 a.m. to 5:00 p.m. Posted no later than August 11, 2008, 6:00 p.m., at the Marana Municipal Complex, the Marana Operations Center and at www.marana.com under Town Clerk, Agendas, Minutes and Ordinances tpWN OF ti h~niznNn . , , gRIZOrr SPECIAL COUNCIL MEETING NOTICE AND AGENDA Council Chambers J 11555 W. Civic Center Drive, Marana, Arizona 85653 August 12, 2008, at or after 6:00 p.m. REGULAR MEETING A. CALL TO ORDER AND ROLL CALL B. PLEDGE. OF ALLEGIANCE AND INVOCATION/MOMENT OF SILENCE C. APPROVAL OF AGENDA D. CALL TO THE PUBLIC At this time any member of the public is allowed to address the Town Council on any issue not already on tonight's agenda. The speaker may have up to three minutes to speak. Any persons wishing to address the Council must complete a speaker card located outside the Council Chambers and deliver it to the Town Clerk prior to the commencement of the meeting. Pursuant to the Arizona Open Meeting Law, at the conclusion of Call to the Public, individual members of the council may respond to criticism made by those who have addressed the Council, may ask staff to review the matter, or may ask that the matter be placed on a future agenda. E. PRESENTATIONS - 1) Presentation: Relating to the Town's Enterprise Resource Planning System (Erik Montague) ANNOUNCEMENTS/UPDATES - PROCLAMATIONS - F. MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS G. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS H. STAFF REPORTS GENERAL ORDER OF BUSINESS I. CONSENT AGENDA The Consent Agenda contains items requiring action by the Council which are generally routine items not requiring Council discussion. A single motion will approve all items on the Consent agenda, including any resolutions or ordinances. A Council Member may remove any issue from the Consent agenda, and that issue will be discussed and voted upon separately, immediately following the Consent agenda. ~~wrl nF v M11112ANA ~ gRIZv~P SPECIAL COUNCIL MEETING NOTICE AND AGENDA Council Chambers 11555 W. Civic Center Drive, Marana, Arizona 85653 August 12, 2008, at or after 6:00 p.m. J. COUNCIL ACTION 1.Ordinance No. 2008.18: Relating to Building; adopting by reference the 2008 Marana Outdoor Lighting Code; amending Marana Town Code Section 7-1-2; repealing Title 18 of the Marana Land Development Code; and declaring an emergency (John Huntley) 2. Resolution No. 2008-103: Relating to Building; declaring the revised 2008 Marana Outdoor Lighting Code as a public record filed with the Town Clerk; and declaring an emergency (Jane Fairall) 3.Ordinance No. 2008.19: Relating to Administration; adding the positions of General Manager, Assistant Chief of Police and Police Commander to the Town's unclassified service; creating two additional categories of employment; amending Town Code Sections 3-1-2, 3-1-3 and 3-1-4; adding new Town Code Sections 3-2-11, 3-2-12 and 3-2-13; and declaring an emergency (Deb Thalasitis) 4. Resolution No. 2008-104: Relating to Personnel; approving a salary schedule for classified employees and an action plan for implementation of the classification and compensation study and fiscal year 2008-09 performance management program; and declaring an emergency (Deb Thalasitis) 5. Resolution No. 2008-108: Relating to Utilities; approving and authorizing the Utilities Director to execute a Bill Crediting .Contract among the Marana Water Department, Trico Electric Cooperative, Inc., and the Arizona Electric Power Cooperative, Inc., for electric service (Frank Cassidy) K. BOARDS, COMMITTEES AND COMMISSIONS 1. Resolution No. 2008-109: Relating to Boards, Commissions and Committees; approving and authorizing appointments to the Citizen Advisory Commissions (Jocelyn Bronson) L. ITEMS FOR DISCUSSION/POSSIBLE ACTION M. EXECUTIVE SESSIONS 1. Executive Session pursuant to A.R.S. §38-431.03 (A)(3), Council may ask for discussion or consultation for legal advice with the Town Attorney concerning any matter listed on this agenda. tnWN OF <, h~nilnNn gR~[uNP SPECIAL COUNCIL MEETING NOTICE AND AGENDA Council Chambers 11555 W. Civic Center Drive, Marana, Arizona 85653 August 12, 2008, at or after 6:00 p.m. 2. Executive Session pursuant to A.R.S. § 38-431.03(A)(3),(4) and (7), discussion or consultation for legal advice with the Town's attorneys and discussion -and to consider its position and instruct the Town Manager and staff concerning the lawsuit entitled Town of Marana v. Pima County/Pima County v. Marana (consolidated), Maricopa County .Superior Court No. CV2008-001131. 3. Executive Session pursuant to A.R.S. §38-431.03 (A)(4) and (7) to consider the Town's position and instruct its representatives regarding negotiations for the purchase of property rights needed for the Twin Peaks interchange project, CIP number 2001-44, from the parcels of property generally identified as Pima County Assessor's parcel numbers 226-15-008B, -017B, - 018B & -019A; and 221-04-005B, 226-36-OOSB & -005C; and to instruct the Town's attorneys in settlement negotiations and contemplated condemnation proceedings relating to the same property rights. 4. Executive Session pursuant to A.R.S. § 38-431.03 (A) (1) for discussion and consultation regarding prospective appointments to the Citizens Advisory Commissions. N. FUTURE AGENDA ITEMS Notwithstanding the mayor's discretion of what items to place on the agenda, if three or more council members request an item to be placed on the agenda, it must be placed upon the agenda for the second regular town council meeting after the date of the request (Marana Town Code, Title 2, Chapter 2-4, Section 2-4-2 B) O. ADJOURNMENT SOW N OF TOWN COUNCIL MEETING TOWN OF MARANA 9 n~a,k,aNn ; INFORMATION gRIWyP MEETING DATE: August 12, 2008 AGENDA ITEM: E. 1 TO: MAYOR AND COUNCIL FROM: Erik Montague, Finance Director SUBJECT: Presentation: Relating to the Town's Enterprise Resource Planning System. DISCUSSION The purpose of this item is to provide Mayor and Council with a project update and additional background on the Tyler MUNIS software that was selected to be the Town's new Enterprise Resource Planning System. Staff will present this item with a PowerPoint presentation. Tyler MUNIS Presentation 08/05/2008 08:04 AMEM U L Q L.1. `~^ v, ~ ~ .~ ~ w vJ Z ~ ~ ~ U ~ ~ o U ~1 ~ ~ VJ ~ ~ 1~ O ~ C w ~ C ~ W IL .;. N' ~--+ C!) ._ a--+ d w W v\• I ^^,, L ^~ L~ ~ O a~ ~ ~ ~ U Ca ~ ~ ~ ~ O ~ ~ .~ ~~ ~ O ~ ~ ~ ~ .~ .~ ~ Q WI • O ^' -1-+ W . \~ ., O . ~ ~ i ~ ~ ~ O ., ~ ~ ~ ~ O ~ -_ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ V ~ ~ ~ ~ ~- ~ ~ X ~ ~ V_ ~ ~ ~ . U ~ ~' ~ ~ O ~ ~ ~ U ~ O ~ _~ ~ ~ ~ ~ 0 0 N N r 7 7 Q (Q N I- C N N ca ~ Q U N D ~ ~ C N (6 O (n ~ ~ ~ ~ ~ W N L -l-+ N N r Q cLf N N H ~=-~ ~X N 0 ._ ~--+ C~ -~-+ ._ ~ ~ U °_ ~ ~ (a ~ L W •~ U ~ U (a ~ .~ J fA O 0 0 .U O U _~ O Z O ^L W }~ ~~ o ~ a~ ~ ~ o ~ o c~ c~ o {~ ~ ~ ~ _~ U ~ C6 `~ C6 ~ ~ O ~ ~ ~ ~ ~ ~ .. ~ J ~, . 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O Q O O O O C~ U .~ O O ~~-- O to a~ a~ O O Q ~ O W Cn m N O ~ ~ ~ ~ ~ .U U N O ~ 0 C~ O J O O N ~ 0 ~ ~ O O N ~ ~ ~ ~ C~ ~ C~ O V .~ U U ~ ~ ~ Q ~ ~ ~ O O 0 0 N N r N Q f~ '~ N F- -~--+ U ~--~ U N ~O L I..L d w '*"' ~ O C'~ O N 07 ~- ~ 00 N ~ ~ ~O N v O N ~ d' 07 ~ ti O C~ ~ N ~ ~ ~ M M ~} ~ f~9- ~ ~ . i C~ O o O U ~ U ~ ~ ~ o z ~ °~ ~ ~ - o c~ ;~, ~ ~ ~ ~ ~ L ~ ~ •~ a~ o ~ ~ O a gy O r n v / ~ ` 1 ~ r n V ! ` 1 0 0 N N r N Q (6 N 7 I- a~ c .~ a~ w ~--+ v• Q O U U .~ O ^L W W ^~+ P1 rWn v C~ O ~~ N nL W U 0 I .~ c~ Cn O O O N N O Z ~--r r` N N U N D c~ .r C6 c~ CCU I ._ LL I .~ .~ C~ F- C~ .~ Q O O O O O 0 0 N N y-+ N Q (~ '~ N 7 ~~ ~~ ~~ O ^ ~~ J 0 0 N N r Q to H ~y ~r, '~.::'„' `UWN OF TOWN COUNCIL MEETING TOWN OF MARANA a MarzaNn ; INFORMATION ARILUt+P MEETING DATE: August 12, 2008 AGENDA ITEM: J. 1 TO: MAYOR AND COUNCIL FROM: John A. Huntley, Building Official SUBJECT: Ordinance No. 2008.18: Relating to Building; adopting by reference the 2008 Marana Outdoor Lighting Code; amending Marana Town Code Section 7-1-2; repealing Title 18 of the Marana Land Development Code; and declaring an emergency. DISCUSSION This item was presented to Council on June 17, 2008. The greater Tucson region of Southern Arizona is considered a premier location for astronomical observation and enjoyment of the dark desert night sky. There are several astronomical observation locations within our region, including Kitt Peak,. Mount Hopkins and the Catalina Mountains. Protection of our unique desert environment with its. dark night sky, as well as minimization of wasted energy through adoption of a comprehensive outdoor lighting code is a high priority within this region, and for the Town of Marana. All governmental jurisdictions within the greater Tucson region have adopted outdoor lighting codes. Over. time, these codes have been modified, improved and altered to address issues related to anever-changing outdoor lighting industry as well as outdoor lighting technological advances. The existing Town of Marana Outdoor Lighting Code was adopted in 2003 and revised in December of 2004. The time has come to update this existing code to include provisions addressing the need for appropriate commercial and residential landscape lighting,. the illumination of outdoor display lots, as well as changes in the sign lighting requirements to reflect new industry standards. It is the intent of this code to control the obtrusive aspects of excessive and careless lighting while preserving, protecting and enhancing the lawful nighttime use and enjoyment of both commercial and residential properties. Nighttime safety has been considered during the decision making process for every code provision. This newly updated version of the Town of Marana Outdoor Lighting Code incorporates well vetted and established requirements, similar to those found within the lighting codes of other jurisdictions, and is designed in the standard international code format. The new format is far easier to read and interpret; and represents a substantial benefit to designers, engineers, plan reviewers and field inspectors. This thoroughly modern, inclusive and user-friendly code will support environmentally sustainable, safe and enjoyable commercial and residential outdoor lighting within the Town for years to come. {0oo1o3as.DOCia} The current code exists as Title 18 of the Town's Land Development Code and is also adopted by reference in Chapter 7-1 of the Marana Town Code, which contains the Town's building codes. Analysis of the enforcement, approval and interpretation components of the outdoor lighting code seem to indicate that it is better suited to exist as a part of the Town's building codes. Thus, it is proposed that the Land Development .Code should be amended, repealing Title 18. RECOMMENDATION Staff recommends adoption of the proposed code revisions. ATTACHMENT Town of Marana Outdoor Lighting Code. SUGGESTED MOTION I move to approve Ordinance No. 2008.18; and declaring an emergency. {00010345.DOC / 2} - 2 - 7/24/2008 12:53 PM JH/JF/FC MARANA ORDINANCE N0.2008.18 RELATING TO BUILDING; ADOPTING BY REFERENCE THE 2008 MARANA OUTDOOR LIGHTING CODE; AMENDING MARANA TOWN CODE SECTION 7-1-2; REPEALING TITLE 18 OF THE MARANA LAND DEVELOPMENT CODE; AND DECLARING AN EMERGENCY. WHEREAS the Town is authorized by A.R.S. § 9-467 to require building permits; and WHEREAS the Town is authorized by A.R.S. § 49-1106 to adopt provisions restricting light pollution which are equal to or more stringent than the provisions of state law; and WHEREAS the Town Council finds that the adoption of the 2008 Marana Outdoor Light- ing Code is in the best interest of the Town; and WHEREAS the Outdoor Lighting Code is a lengthy document which may appropriately be adopted by reference under A.R.S. § 9-802: NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, as follows: SECTION 1. That certain document known as the 2008 Marana Outdoor Lighting Code, three copies of which are on file in the office of the Town Clerk of the Town of Marana, Arizona, which was made a public record by and attached as Exhibit A to Resolution No. 2008-103 of the Town of Marana, Arizona, is hereby referred to, adopted and made a part of this ordinance as if fully set out here. SECTION 2. Marana Town Code Section 7-1-2 ("Building codes adopted"), paragraph B, subparagraph 1 is hereby revised as follows (with deletions shown with s#il~ee~s and additions shown with double underlininal: 2. The ~99~-2008 Marana outdoor lighting code. SECTION 3. The following penalty clauses are contained in the 2008 Marana Outdoor Lighting Code: SECTION 107 VIOLATIONS 108.1 Unlawful acts. It shall be unlawful for any person, firm, or corporation to erect, construct, alter, extend, repair, move, remove, install, use or demolish out- {00010347.DOC / 3} door lighting equipment as regulated by this code, or cause same to be done, in conflict with or in violation of any of the provisions of this code. 108.2 Notice of violation The Building Official is authorized to serve a notice of violation or order on the person responsible for the erection, construction, altera- tion, extension, repair, moving, removing, demolition or use of any outdoor light- ing in violation of this code or in violation of a detail statement or a plan approved hereunder, or in violation of a permit issued under the provisions of this code. Such order shall direct the discontinuance of the illegal action or condition and the abatement of the violation. The property owner or authorized agent of the owner shall comply with the requirements of the notice of violation or file a notice of appeal in accordance with the provisions of Section 102.9 above within the time period given on the notice for abatement of the violation. 108.3 Enforcement and Penalties. Failure to address a notice of violation in a timely fashion may result in the issuance of a civil citation as provided for in Chapter 5-7 of the Marana Town Code. Such citation shall not excuse the need to correct or abate such violation, or to remove or terminate the unlawful use of out- door lighting in violation of the provisions of this code or of the order or direction made pursuant thereto. Each day a violation continues shall be considered a sepa- rate offense. SECTION 4. The existing Marana Outdoor Lighting Code found in current Marana Land Development Code Title 18 is hereby repealed; provided, however, that this repeal shall not af- fect the rights and duties that matured or penalties that were incurred and proceedings that were begun before the effective date of the repeal. SECTION 5. If any section, subsection, sentence, clause, phrase or portion of this ordi- nance or any part of the 2008 Marana Outdoor Lighting Code is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, that decision shall not affect the validity of the remaining provisions of the 2008 Marana Outdoor Lighting Code. SECTION 6. Since it is necessary for the preservation of the peace, health and safety of the Town of Marana that this ordinance become immediately effective, an emergency is hereby declared to exist, and this ordinance shall be effective immediately upon its passage and adop- tion.. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 5th day of August, 2008. ATTEST: Jocelyn C. Bronson, Town Clerk Mayor Ed Honea APPROVED AS TO FORM: Frank Cassidy, Town Attorney {00010347.DOC / 3 } - 2 - 7/24/2008 CH/JF/FC MARANA ORDINANCE N0.2008.18 RELATING TO BUILDING; ADOPTING BY REFERENCE THE 2008 MARANA OUTDOOR LIGHTING CODE; AMENDING MARANA TOWN CODE .SECTION 7-1-2; REPEALING TITLE 18 OF THE MARANA LAND DEVELOPMENT CODE; AND DECLARING AN EMERGENCY. WHEREAS the Town is authorized by A.R.S. § 9-467 to require building permits; and WHEREAS the Town is authorized by A.R.S. § 49-1106 to adopt provisions restricting light pollution which are equal to or more stringent than the provisions of state law; and WHEREAS the Town Council. finds that the adoption of the 2008 Marana Outdoor Light- ing Code is in the best interest of the Town; and WHEREAS the Outdoor Lighting Code is a lengthy document which may appropriately be adopted by reference under A.R.S. § 9-802. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, as follows: SECTION 1. That certain document known as the 2008 Marana Outdoor Lighting Code, three copies of which are on file in the office of the Town Clerk of the Town of Marana, Arizona, which was made a public record by and attached as Exhibit A to Resolution No. 2008-103 of the Town of Marana, Arizona, is hereby referred to, adopted and made a part of this ordinance as if fully set out here. SECTION 2. Marana Town Code Section 7-1-2 ("Building codes adopted"), paragraph B, subparagraph 1 is hereby revised as follows (with deletions shown with st~ikeeut~ and additions shown with double underlininu): 2. The ~8-2008 Marana outdoor lighting code. SECTION 3. The following penalty clauses are contained in the 2008 Marana Outdoor Lighting Code: SECTION 107 VIOLATIONS 108.1 Unlawful acts. It shall be unlawful for any person, firm, or corporation to erect, construct, alter, extend, repair, move, remove, install, use or demolish out- {00010347.DOC / 2} door lighting equipment as regulated by this code, or cause same to be done, in conflict with or in violation of any of the provisions of this code. 108.2 Notice of violation The Building Official is authorized to serve a notice of violation or order on the person responsible for the erection, construction, altera- tion, extension, repair, moving, removing, demolition or use of any outdoor light- ing in violation of this code or in violation of a detail statement or a plan approved hereunder, or in violation of a permit issued under the provisions of this code. Such order shall direct the discontinuance of the illegal action or condition and the abatement of the violation. The property owner or authorized agent of the owner shall comply with the requirements of the notice of violation or file a notice of appeal in accordance with the provisions of Section 102.9 above within the time period given on the notice for abatement of the violation. 108.3 Enforcement and Penalties. Failure to address a notice of violation in a timely fashion may result in the issuance of a civil citation as provided for in Chapter 5-7 of the Marana Town Code. Such citation shall not excuse the need to correct or abate such violation, or to remove or terminate the unlawful use of out- door lighting in violation of the provisions of this code or of the order or direction made pursuant thereto. Each day a violation continues shall be considered a sepa- rate offense. SECTION 4. The existing Martina Outdoor Lighting Code found in current Martina Land Development Code Title 18 is hereby repealed; provided, however, that this repeal shall not af- fect the rights and duties that matured or penalties that were incurred and proceedings that were begun before the effective date of the repeal. SECTION 5. If any section, subsection, sentence, clause, phrase or portion of this ordi- nance or any part of the 2008 Marana Outdoor Lighting Code is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, that decision shall not affect the validity of the remaining provisions of the 2008 Martina Outdoor Lighting Code. SECTION 6. Since it is necessary for the preservation of the peace, health and safety of the Town of Martina that this ordinance become immediately effective, an emergency is hereby declared to exist, and this ordinance shall be effective immediately upon its passage and adop- tion.. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 12th day of August, 2008. ATTEST: Jocelyn C. Bronson, Town Clerk Mayor Ed Honea APPROVED AS TO FORM: Frank Cassidy, Town Attorney {00010347.DOC / 3} - 2 - 7/24/2008 CH/JF/FC • TOWN OF MARANA OUTDOOR LIGHTING CODE ORDINANCE # TABLE OF CONTENTS CHAPTER 1 -ADMINISTRATION .....................................................................2 Section 101 Title, Scope and Purpose 102 Applicability 103 Exemptions 104 Permit, Plan Submission and Inspection Requirements 105 Prohibitions 106 Outdoor Lighting Design Standards 107 Violations CHAPTER 2 -DEFINITIONS ............................................................................7 Section 201 General 202 Defmitions CHAPTER 3 -LIGHTING AREAS ....................................................................10 Section 301 Description of Lighting Areas CHAPTER 4 -TOTAL OUTDOOR LIGHT OUTPUT, SHIELDING, FIXTURE HEIGHT REQUIREMENTS .........................................................11 Section 401 Total Outdoor Light Output -Table 401.1 402 Outdoor Light Shielding 403 Fixture Height Requirements CHAPTER 5 -SIGN LIGHTING .......................................................................14 Section 501 Outdoor Advertising Signs CHAPTER 6 -RECREATIONAL FACILITIES ....................................................15 Section 601 Illumination of Recreational Facilities CHAPTER 7 -OUTDOOR DISPLAY LOT LIGHTING ..........................................16 Section701 Illumination of Outdoor Display Lots MARANA OUTDOOR LIGHTING AREA MAP ...................................................17 • 1 • CHAPTER 1 ADMINISTRATION SECTION 101 TITLE, SCOPE AND PURPOSE 101.1 Title. These provisions shall be known as the Outdoor Lighting Code for the Town of Marana. They shall be cited as such and will be referred to herein as "this code". 101.2 Scope. The provisions of the Town of Marana Outdoor Lighting Code apply to the construction, alteration, movement, enlargement, replacement and installation of outdoor lighting throughout the Town. 101.3 Purpose and intent. The purpose of this code is to preserve the relationship of the residents of the Town of Marana to their unique desert environment through protection of access to the dark night sky. Intended outcomes include continuing support of astronomical activity and minimizing wasted energy, while .not compromising the safety, security and well being of persons engaged in outdoor night time activities. It is the. intent of this code to control the obtrusive aspects of excessive and careless outdoor lighting usage while preserving, protecting and enhancing the lawful nighttime use and enjoyment of any and all property. It is recognized that portions of properties may be required to be unlit, covered, or have reduced lighting levels in order to allow enough lumens in the lighted .areas to achieve .light levels in accordance with nationally recognized recommended practices. 101.4 Conformance with codes. All outdoor illuminating devices shall be installed in conformance with the provisions of this code, the building code, the electrical code and the sign code of the authorizing jurisdiction as applicable and under appropriate permit and inspection. SECTION 102 APPLICABILITY 102.1 General. Where, in any specific case, different sections of this code specify different materials, methods of construction or other requirements, the most restrictive shall govern. Where there is a conflict between the general requirements and a specific requirement,. the specific. requirement shall be applicable. 102.2 Other laws. Where any provision of federal, state, county, or city. statutes, codes or laws conflicts with. any provision of this code, the most restrictive shall govern unless otherwise regulated by law. 102.3 Partial invalidity. If any of the provisions of this code or the application thereof is held invalid, such invalidity shall not affect other provisions or applications of this code which can be given effect, and to this end, the provisions of this code are declared to be servable. 102.4 New uses, buildings, and additions or modifications. All proposed new .land .uses, developments, buildings, structures, or building additions, shall meet the requirements of this code. Modification or replacement (other than maintenance) of outdoor lighting fixtures shall meet the provisions of this code.. 102.5 Existing installations. All outdoor light fixtures lawfully installed prior to and operable on the effective date of the ordinance codified under this chapter are exempt from all requirements of this code. The installation shall be maintained in accordance with the edition of the Outdoor Lighting Code under which it was installed. 2 102.6 Resumption of use after abandonment. If a property or use with non-conforming lighting is abandoned as defined in chapter 2, then all outdoor lighting shall be reviewed and brought into compliance with this code before the use is resumed. 102.7 Change of use. Whenever the use of any existing building, structure, or premises is changed to a new use, all outdoor lighting shall be reviewed and brought into compliance with this code before the new use commences. 102.8 Alternate materials and methods of construction. The provisions of this code are not intended to prevent the use of any design, materials or method of installation or operation. not specifically prescribed by this code, provided any such alternate has been approved. The Building Official may approve any such proposed alternate provided he or she finds that it: 1. Provides at least approximate equivalence to the applicable specific requirements of this code and; 2. Is otherwise satisfactory or complies with the intent of this code and; 3. Has been designed or approved by a registered lighting or electrical .engineer and is supported by calculations showing that the design submitted meets that intent of the code. 102.9 Appeals. Any person substantially aggrieved by any decision of the Building Official made in administration of this code has the right and responsibilities of appeal to the Advisory/Appeals Board of this jurisdiction. SECTION 103 EXEMPTIONS 103.1 Gas lighting. All outdoor lighting fixtures producing light directly by the combustion of natural gas or other fossil fuels are exempt from the provisions of this code. 103.2 Lighting in the public right-of--way. Outdoor lighting installed in the public right-of--way is exempt from the provisions of this code. Engineering standards apply and require an approval from the Town of Marana Engineering Department. 103.3 Seasonal decorative lighting. Seasonal decorations using unshielded 50-watt or less incandescent lamps are exempt from Thanksgiving to January 15th. These fixtures must be turned off between 11:00 p.m. and sunrise except for commercial operations open on a 24 hour basis. 103.4 Neon sign lighting. Neon lighting shall be exempt from the requirements of Chapter 4 of this. code when used for sign lighting, but not exempt for any other uses. 103.5 Emergency Egress Lighting. Emergency egress lighting, when required under building regulations and illuminated only during an emergency event, shall be exempt from the requirements of this code. 103.6 Temporary exemption. Any person may submit a written request, on a form prepared by the jurisdiction, to the jurisdiction for temporary exemption request. A temporary exemption .shall contain the following information: 1. Specific exemption(s) requested. 2. Type and use of outdoor light fixture involved. 3. Duration of time of the requested exemption. 4. Type of lamp and tamp lumens. • 5. Total wattage of lamp or lamps and number of lamps to be used. 6. Proposed location on premises of the outdoor lighting fixture(s).. 7. Previous temporary exemptions, if any, and addresses of premises there under. 3 • 8. Physical size of outdoor light fixture(s) and type of shielding provided. 9.Other data and information that may be required by the Building Official 103.6.1 Approval and duration. The jurisdiction shall have five business days from the date of submission of the request for temporary exemption to act, in writing, on the .request. If approved, the exemption shall be valid for not more than thirty days from the date of issuance of the approval. The approval shall be renewable at the discretion of the Building Official upon a consideration of all the circumstances. Each such renewed exemption shall be valid for not more than thirty additional days. 103.6.2 Disapproval and appeal. If the request for temporary exemption is disapproved, the person .making the request will have the appeal rights provided in Section 102 of this code. SECTION 104 PERMIT, PLAN SUBMISSION AND INSPECTION REQUIREMENTS 104.1 Permit required. Any owner, occupant or authorized. agent who intends to install, construct, enlarge, alter, repair, move, or change any outdoor lighting within Town of Marana jurisdiction, the installation of which is regulated by this code, shall first make application to the Building Official and obtain the required outdoor lighting permit. 104.2 Permit submission requirements. The permit submission shall contain the following: 1. Plans indicating the location and type of illuminating devices, fixtures, lamps, supports, reflectors, and other devices. 2. Description of the illuminating devices, fixtures, lamps, supports, reflectors, additional shielding, and other devices that may include, but is not limited to, catalog cut sheets from the manufacturer. 3. If canopy lighting is being proposed, then provide calculations for average maintained levels of horizontal illuminance at 36 inches above grade level in foot candles. Provide evidence of the fixtures being hidden from sight at the property line. 4. Photometric data established by the fixture manufacturers or credible source, showing the angle of cutoff or light emissions. Photometric data need not be submitted when the full cutoff performance of the fixture is obvious to the reviewer. 5. Additional photometric data and site structure information as necessary to .assure that there is no light trespass on adjacent properties in excess of that allowed by Section 107.5 of the Design Standards. 6. A stamp or statement on the plans stamped by a registered design professional certifying compliance with the requirements of this Code. The Building Official may waive this requirement for small installations. 7. For sites in Lighting .Area E3 that exceed 6 acres, a master lighting study may be submitted that indicates an overall lumen calculation for the entire site. The study shall indicate actual lumens used for lighting being presently installed and an estimate for future pads, parcels, buildings and phases. The total lumens for the overall project shall be tracked by a single design professional designated bythe owner and submitted as a cumulative. total to the Town of Marana. The overall project lumens shall be tracked to show current compliance and ability to develop future areas within the limit of the overall allowed lumens. If a parcel is sold by the owner after a master lighting study is approved, the new owner has the option to continue development with the original designated design professional utilizing the overall project lumens. 104.3 luminaire schedule on plans. There shall be a schedule on the plans to confirm compliance with the lumen cap per Table 401.1, and which includes the following information: 1. Each exterior luminaire type with the mean lumens for that type, the quantity of each type and whether the luminaire is full cutoff or non-cutoff shielded. 2. .The total of full cutoff and non-cutoff shielded mean lumens for the parcel 4 • 3. A statement of the lighting area, the size of the permitted parcel, and the maximum allowed full cutoff and non-cutoff shielded mean lumens. Exception: When a submittal includes a statement by a registered design professional stating that the existing site lighting is being modified less that 10 percent, it shall not be necessary to comply with Section 104.3. 104.4 Additional submissions. The above required plans, descriptions and data shall be sufficiently complete to enable the plans examiner to readily ascertain code compliance. If such plans, descriptions and data are insufficient to enable this ready determination, by reason of the nature of configuration of devices, .fixtures, or lamps proposed, the application will be deemed incomplete. The plans examiner may require additional evidence of compliance such as certified reports of tests by a recognized testing laboratory. 104.5 Subdivision plat certification and development plan. If any subdivision proposed to have installed common or public area outdoor lighting, the final plat shall contain a statement certifying that the applicable provisions of this code will be complied with. Specific plans for lighting shall not be included on the plat but will rather be contained on the building permit plans. 104.6 Lamp or fixture substitution. Should any outdoor light fixture or the type of light source therein be changed after the permit has been issued, a change request must be submitted by the design professional to the building official for his/her approval, together with adequate information to assure compliance with this code. 104.7 Inspections. The owner of a property, or the authorized agent of the owner, shall request all required inspections as noted on the permit issued under this code. All inspection requests. shall be made at appropriate intervals as noted on the permit .and it is the responsibility of the property owner or authorized agent of the owner to assure that all required inspections receive approval from the Building Official and that final inspection approval is obtained prior to placing the permitted outdoor lighting into service. SECTION 105 PROHIBITIONS 105.1 Mercury vapor lamps and fixtures. The installation, sale, offer for sale, lease or purchase of any mercury vapor lamp for use within the Town of Marana as outdoor lighting is prohibited. 105.2 Bottom mounted outdoor advertising .sign lighting. Bottom mounted outdoor advertising sign lighting is prohibited. 105.3 Other fixtures and lamps. The installation of lighting where the unshielded portion of the lamp can be seen from an adjacent residential property, except as approved in the design standards, is prohibited. Any lighting not listed in this code is not permitted without the approval of the Building Official. 105.4 Laser source lighting. The use of laser source lighting or any similar high intensity light for outdoor advertising or entertainment, when projected above the horizontal is prohibited.. 105.5 Searchlights. The operation of searchlights for advertising purposes is prohibited. • 5 • SECTION 106 OUTDOOR LIGHTING DESIGN STANDARDS 106.1 General design standards. The design shall incorporate at least 80 percent of the allowed lumens or meet the minimum illumination levels recommended in the latest Handbook of the Illuminating Engineering Society of North America (IESNA). 106.2 Spacing. Light poles and luminaires shall be spaced in a manner to provide lighting distribution as recommended by the IESNA in areas of frequent use such as parking. lots and pedestrian walkways taking height limitations into account. 106.3 Canopy lighting. Canopy lighting shall have a maximum average maintained horizontal illuminance level at 36 inches above grade of 60 foot candles (fc) in Area E3 and 45 fc in Area E2. 106.4 Non-cutoff shielded lighting.. All non-cutoff shielded light.. fixtures, including unshielded seasonal decorations, shall be turned off between 11:00 p.m. and sunrise. Exception: Commercial properties that operate on a 24 hour basis. 106.5 Flood and spot lights. Flood and spot lights shall be installed within a shielded housing and aimed such that the source shall not be visible from any adjacent residential property. 106.6 Lighting types approved. Lighting types shall consist of low pressure sodium (LPS), high pressure sodium (HPS), metal halide (MH), fluorescent, incandescent, gas filled tubing and any other lighting source • approved by the Building Official. The preferred method of lighting is LPS and should be utilized unless color rendering is essential. 106.7 Lighting required for business operation. Lighting required for business operation may be allowed to remain on until 11 p.m. or until close of business, whichever is later. SECTION 107 VIOLATIONS 108.1 Unlawful acts. It shall be unlawful for any person, firm, or corporation to erect, construct, alter, extend, repair, move, remove, install, use or demolish outdoor lighting equipment as regulated by this code, or cause same to be done, in conflict with or in violation of any of the. provisions of this code. 108.2 Notice of violation The. Building Official is authorized to serve a notice of violation or .order on the person responsible for the erection, construction, alteration, extension, repair, moving, removing, demolition or use of any outdoor lighting in violation of this code or in violation. of a detail statement or a plan approved hereunder, or in violation of a permit issued. under the provisions of this: code. Such order .shall direct the discontinuance of the illegal action or condition and the abatement of the violation. The property owner or authorized agent of the owner shall comply with the requirements of the notice of violation"or file a notice of appeal in accordance with the provisions of Section 102.9 above within the time period given on the notice for abatement of the violation. 108.3 Enforcement and Penalties. Failure to address a notice of violation in a timely fashion may result in the issuance of a civil citation as provided for in Chapter 5-7 of the Marana Town Code. Such citation shall not excuse the need to correct or abate such violation, or to remove or terminate the unlawful use of outdoor lighting in violation of the provisions of this code or of the order or direction made pursuant thereto. Each day a violation continues shall be considered a separate offense. 6 r~ CHAPTER 2 DEFINITIONS SECTION 201 GENERAL 201.1 Scope. Unless otherwise expressly stated, the following words and terms shall, for the purposes of this code, have the meanings indicated in this chapter. 201.2 Interchangeability. Words used in the present tense include the future; words in the masculine gender include the feminine and neuter; the singular number includes the plural and the plural, the singular. 201.3 Terms not defined. Where terms are not defined through the methods authorized by this section, such terms shall have ordinarily accepted meanings such as the context implies. SECTION 202 DEFINITIONS ABANDONMENT. The relinquishment of a property, or the cessation of the use or activity by the owner or tenant for a period of six months, excluding temporary or short term interruptions for the purpose of remodeling, maintaining, or otherwise improving or rearranging a facility. A use shall be deemed abandoned when such use is suspended as evidenced by the cessation of activities or conditions which constitute the principal use of the properly. BUILDING OFFICIAL.. The official or other designated authority charged with the administration of this code, or a duly authorized representative. CURFEW. A time established for listed lighting systems to be automatically extinguished. DEVELOPMENT PROJECT. Any residential, commercial, industrial or mixed use subdivision. plan or development plan which is submitted to the jurisdiction for approval or for permit. DIRECT ILLUMINATION. Illumination resulting from light emitted directly from a lamp or luminaire, not light diffused through translucent signs or reflected from other surfaces such as the ground or building faces. DISPLAY LOT OR AREA. Outdoor areas where active nighttime sales activities occur, and where accurate color perception by customers is required. To qualify as a display lot, one of the following specific uses must occur: 1. Vehicle sales {autos, recreational vehicles, boats, motor cycles etc). 2. Assembly lots. 3. Swap meets. 4. Airport and automobile fueling areas. Special condition. Uses not on this list must be approved as a display lot use by the Building Official. FULL CUTOFF LIGHT FIXTURE. Alight fixture shielded or constructed so that no light rays are emitted by the installed fixture at angles above the horizontal plane, as certified by photometric test reports. Such. candela information shall be as determined by a photometric test report from a nationally recognized • independent testing laboratory and as certified by the manufacturer. Any structural part of the luminaire provided this cutoff angle shielding shall be permanently attached. 7 • GLARE. The definition of glare shall be as,found in the Illuminating Engineering Society of North America (IESNA) handbook. INSTALLED. The attachment , or assembly fixed in place, whether or not connected to a power source, or any outdoor light fixture. LUMEN. Unit of luminous flux used to measure the amount of light emitted by lamps. LUMINAIRE. The complete lighting assembly, less the support assembly. Two or more units with lamps less than three feet apart shall be considered a single luminaire. NET ACREAGE. The remaining found area after deleting all portions of proposed and existing public streets within a parcel NON-CUTOFF SHIELDED FIXTURE. Alight fixture that does not comply with the full cutoff light fixture requirements of this code, but does comply with shielding requirements. OUTDOOR LIGHT FIXTURE. An outdoor illuminating device, outdoor lighting or reflective surface, lamp or similar device, permanently installed or portable, used for illumination or advertisement. Such devices shall include, but not be limited to: 1. Street lighting. 2. Parkinglot lighting. 3. Building and structural lighting. 4. Landscaping lighting. 5. Recreational lighting. 6. Billboards and other signs (advertising or otherwise). 7. Product display area lighting. 8. Building overhangs and open canopy lighting. 9. Security lighting. 10. Searchlight, spotlight, flood lights and laser lights. OUTDOOR. RECREATION FACILITY. An area designed for active. recreation, whether .publicly or privately owned, including, but not limited to baseball, soccer, football, golf, tennis, swimming pools and race tracks of any sort. PERSON.. Any individual, tenant, lessee, owner, or any commercial entity. including but not limited to firm, business, partnership, joint venture or corporation. PROPERTY LINE. The property line used to determine pole height shall be the actual property line. Common areas, streets, right of ways shall not be used to allow increases in pole heights. PUBLIC RIGHT-OF-WAY. A road, street, alley or highway permanently dedicated to the public-for public use. SHIELDING/SHIELDED. Construction of a luminaire, the location of a fixture, or the addition of materials to prevent the light source from being seen from an adjacent residential property. The shielding must be permanent and non reflective. Care should be taken to ensure additional shielding added to a luminaire does not affect the listing or warranty of the luminaire. • 8 TEMPORARY LIGHTING. Lighting which does not conform to theprovisions of this ordinance and which will not be used for more than one thirty day period within a calendar year, with one thirty day extension. Temporary lighting is intended for uses which by their nature are of limited duration; e.g. holiday decorations, civic events, or construction projects. i• i• 9 CHAPTER 3 LIGHTING AREAS SECTION 301 DESCRIPTION OF LIGHTING AREAS 301.1 Lighting areas. Lighting areas shall be as described and defined on the Town of Marana Lighting Area Map incorporated within this code as APPENDEX A, and as further described within this section. 301.2 Lighting area E3. Lighting area E3 is an urban area with primary land uses for commercial, business, industrial activity, apartments and surrounded by suburban residential areas. 301.3 Lighting area E2. Lighting area E2 is rural residential and agricultural areas. Exception: Properties located within lighting area E2 on the Marana Lighting Area. Map that are determined to be a commercial or industrial uses by the Town of Marana Planning and Zoning Director, or otherwise have an allowed commercial uses, shall be deemed to be located within Lighting Area E3. In the case of rezoning, outdoor lighting levels and the purposes and intent of this code shall be a rezoning consideration and outdoor lighting levels may be restricted by the rezoning authority. 301.4 Lighting area C. Lighting area C is areas designated as land .banks,. conservation areas or any environmental areas of special consideration as designated by the Town of .Marana Council. Lighting in these areas shall be limited to lighting for public safety only. . 301.5 Properties in more than one lighting area. A property located in more than one of the lighting areas described within this chapter shall be considered to be only in the most restrictive lighting area. • 10 CHAPTER 4 TOTAL OUTDOOR LIGHT OUTPUT, SHIELDING, FIXTURE HEIGHT REQUIREMENTS SECTION 401 TOTAL OUTDOOR LIGHT OUTPUT 401.1 .Calculation of total outdoor light output for property. Total outdoor light output shall not exceed the lumen limits given in Table. 401.1. In the table, "total" means the sum of emitted. light on the site. For determining compliance with this code, the total lumens shall be the sum of the following: L One hundred percent of the lumens from outdoor full cutoff and non-cutoff shielded fixtures installed on grade, on poles, and installed on the top or sides of buildings or other structures, when not shielded from above by the structure. 2. One hundred percent of the lumens from externally illuminated signs. 3. Fifty percent of the lumens from underwater light fixtures unless the fixture is aimed at an angle of less than 45 degreed above the horizontal, in which case the lumens shall be calculated at 10 percent of the total lumen output. 4. Twenty percent of full cutoff fixtures installed under canopies, building overhangs or roof eaves. 5. Zero percent of full cutoff light fixtures installed under canopies, building overhangs, or roof eaves in such a manner that no lamp or vertical element of a lens or diffuser is visible from an adjacent property. 6. Zero percent of internally illuminated and LED signs, and lights illuminating a US flag when shining downward. 401.2 Calculation of total light output for fixture lamps. The total amount of light, measured in lumens, is limited to a value per net acre of the site:. The output from all outdoor light fixture lamps shall be determined as follows: 1. For lamp types that vary in light output as they age (such as fluorescent or high intensity discharge .lamps) the mean lumen output, as defined by the lamp manufacturer, shall. be the lumen value used. For lamps not listed with mean lumens, the initial rating shall be used.. 2. The light. output for each outdoor light fixture. shall be based on the. largest lamp that the outdoor light fixture is rated to accommodate. Furthermore, the largest lamp rating for fluorescent and high intensity discharge fixtures shall be based on the installed ballast rating. • 11 TABLE 401.1 MAXIMUM TOTAL OUTDOOR LIGHT OUTPUT REQUIREMENTS LUMEN CAPS: MEAN LUMENS PER NET ACRE OF PARCEL OR LOT LIGHTING AREAS (As defined in Section 301 and on Town o Marana Outdoor Li htin Ma . E3 E2 C COMMERCIAL AND INDUSTRIAL -OPTION 1 (1) Mostl low ressure sodium rtures. Total full cutoff LPS fixtures, plus full cutoff non-LPS fixtures, lus non-cutoff shielded fixtures. (5) 450,000 200,000 SP (4) Limit on non-LPS. full cutoff fixtures. 5 45,000 18,000 SP (4 Limit on non-cutoff shielded fixtures. (5 12,000 6,000 SP (4) COMMERCIAL AND INDUSTRIAL -OPTION 2 (l ) Mostl non-low ressure sodium rtures Total full cutoff fixtures, plus. non-cutoff shielded fixtures. 5) 300,000 65,000 SP (4) Limit on non-cutoff shielded fixtures.. 5) 12,000 6,000 SP 4 ALL RESIDENTIAL ZONING 2 3 Total full cutoff fixtures, plus non-cutoff shielded fixtures. 55,000 24,000 SP (4) Limit on non-cutoff shielded fixtures. 5 12,000 6,000 SP 4) Table footnotes: 1. Use any one of the options for the entire property. 2. This refers to all residential land-use zoning, including all densities and types of housing such as single family, detached and duplexes. 3. If LPS is used for residential lighting, then the total lumens in the table for all areas can be increased by 50 percent of full cutoff LPS lighting. 4. "SP" indicates special permit where local conditions warrant low level lighting design. 5. Non-cutoff shielded fixtures shall not exceed 3,000 mean lumens output per fixture, and shall meet the shielding requirements of this code. SECTION 402 OUTDOOR LIGHT SHIELDING 402.1 Full cutoff requirements. All outdoor light fixtures are required to meet the full cutoff requirements of this code. Exception: Fixtures described in table 401.1 as non-cutoff shielded, internal and LED sign lighting. Seasonal decorative lighting as described within Section 103. 402.2 Shielding requirements. All outdoor. lighting fixtures are .required to meet the following .shielding requirements: 1. All outdoor lighting within 150 feet or ten times the mounting height of the fixture, whichever is greater, of an adjacent residential property shall have external shields installed. Additional shielding . .may be required. by the Building Official when glare intrudes into residential. areas. or affects visibility. of traffic signals or signage. 12 S 2. Flood and spot lights shall be installed within a shielded housing .and aimed such that the source shall not be visible from any adjacent residential properly. 3. Light trespass into residential areas shall not exceed 0.3 foot candles measured vertically at 5 feet above the ground. Exception: Internal and LED sign lighting. Seasonal decorative lighting as described within Section 103. SECTION 403 FIXTURE HEIGHT REQUIREMENTS 403.1 Outdoor light fixture height requirements: 1. The height of apole-mounted luminaire shall be measured from finished grade to the bottom of the lens of the luminaire and fixture poles shall not extend more than 2 feet above the allowed mounting height. 2. .The height of a pole mounted luminaire above finished grade shall not exceed 42 feet for a property that exceeds 25 acres, 30 feet for a property between 6 and 25 acres, and 20 feet for a property less than 6 acres. For properties that exceed 6 acres, any pole within 150 feet of an adjacent residential property shall not exceed 20 feet in height. 3. All lighting :fixtures on the residential side of commercial or industrial property and adjacent to residential property shall be full cutoff and shallbe limited in height to 10 feet at the property line and may increase in height at a rate. of 1 foot for every 2ft.-bin. away from the property line up to the maximum height for the area of the site. 4. All wall mounted luminaires utilizing lamps in excess of 4,000 lumens and/or installed above 9 feet in elevation shall be equipped with external shields and provided with forward throw optical characteristics so as to minimize the reflected light off the wall below the luminaire. See section 401.1 and 401.2 for additional requirements. 13 • CHAPTER 5 SIGN LIGHTING SECTION 501 OUTDOOR ADVERTISING SIGNS 501.1 External illumination of on-site signs. External illumination for on-site signs shall conform to all provisions of this code and shall also conform to the lamp source, shielding restrictions and lumen caps of Chapter 4. 501.2 Illumination.. of off-site advertising signs. Illumination of outdoor advertising off-site signs is prohibited. Exception: The use of lighting fixtures legally installed in Areas E2 and E3 prior to the effective date of this code may continue, provided such fixtures are mounted on the top of the sign structure and shall not be illuminated between the hours of 11:00 p.m. and sunrise, and comply with all other provisions of the code. 501.3 Internally illuminated advertising signs. Internally illuminated outdoor advertising signs shall not be counted toward the lumen .caps described in Chapter 4 of this code. Outdoor internally illuminated advertising signs constructed with an opaque or .colored background and translucent text and symbols are strongly preferred so as to reduce any potential detrimental effects. • 501.4 LED signs. LED outdoor advertising signs shall not be counted within the lumen caps described within Chapter 4 of this code. All outdoor LED. advertising signs shall be limited to a maximum luminous intensity of 280 cd/m2 (candela per square meter), full white' mode, from sunset to sunrise. In addition, outdoor LED advertising signs shall be turned off at curfew times listed within table 501.5, or the close of business, which ever is later. 501.5 Outdoor illuminated sign curfews. Illumination for all advertising signs, both external and internal, shall be reduced by 50 % or turned off at the curfew times listed in Table 501.5, or when the business activities cease, whichever is later. Billboards with legally installed lights shall be turned- off at l l P.M. TABLE 501.5 ILLUMINATED SIGN CURFEWS LIGHTING AREAS (Defined in Section 301 and on Town of Marana Outdoor Li htin Ma .) E3 E2 C COMMERCIAL AND INDUSTRIAL ZONING 12 A.M. 11 P.M. X ALL RESIDENTIAL ZONING 11 P.M. 10 P.M. X X =Not allowed • 14 • CHAPTER 6 RECREATIONAL FACILITIES SECTION 601 ILLUMINATION OF RECREATIONAL FACILITIES 601.1 Lighting not directly related to athletic. areas. All site lighting not directly associated with the athletic playing areas shall conform to the lighting standards described in this ordinance, including but not limited to the shielding requirements of Chapter 4 and the lumens per acre limits of Table 401.1. 601.2 Athletic lighting exempt from lumen limits. Lighting for athletic fields, courts, or tracks shall be exempt from the lumens per acre limits of Table 401.1. All such lighting shall utilize full cutoff luminaires that are installed in a fashion that maintains the full cutoff characteristics. Every such lighting system design shall be certified by a registered engineer as conforming to all applicable restrictions of this ordinance. Exception: Where full cutoff fixtures are not utilized, acceptable luminaires shall include those which are provided with internal and/or external glare control louvers and .installed so as to limit direct up- ..light to less than 5 percent of the total lumens exiting from the installed fixture, and minimize offsite light trespass by installing additional shielding for any residential area. Acceptable fixtures must also be installed with minimum aiming angles of 25 degrees downward from horizontal. This aiming angle shall be measured from the axis of the luminaire maximum beam candlepower. as certified by an independent testing agency. 601.3 Athletic lighting curfew. All events: shall be scheduled so as to complete all activity before the curfew times listed in Table 601.3. Illumination of the playing field, court or track shall be permitted after the curfew only to conclude a scheduled event that was unable to be concluded before the curfew due to unusual circumstances. 601.4 Lighting Area C prohibition. No recreational lighting is permitted in Area C. Trailheads or other facilities may have low levels of lighting for security and shall require a special permit. TABLE 601,3 RECREATIONAL FACILITY LIGHTING CURFEWS LIGHTING AREAS (Defined in Section 301 and on Town of Marana Outdoor Li tin Ma , E3 E2 C CURFEW TIME ll P.M. 11 P.M. X X =Not allowed 15 • CHAPTER 7 OUTDOOR DISPLAY LOT LIGHTING SECTION 701 ILLUMINATION OF OUTDOOR DISPLAY LOT AREAS 701.1 Lighting not associated with display lot areas. All site lighting not directly associated with the display lot areas shall conform to the lighting standards described in this ordinance, including but not limited to the requirements of Chapter 4. 701.2 Lighting for display lot areas. Lighting for display lot areas shall be exempt from the lumens per acre limits of Chapter 4. All such lighting shall utilize full cutoff luminaires that are installed in a fashion .that maintains the full cutoff characteristics. Every such lighting system design shall be certified by a registered lighting or electrical engineer as conforming to all applicable restrictions of this code. 701.3 Curfew requirements for display lot lighting. Display lot area lighting exceeding the lumens per acre cap of Chapter 4 shall be turned off at the curfew times listed in Table 601.3 or within thirty minutes after closing of business, whichever is later. Exemption: Display lot area lighting used for security and safety purposes is exempt from the curfew requirements of Table 601.3 provided it is in full compliance .with all requirements of Chapter 4 and all other aspects of this code. i. 16 i. I• i• __ , s ~ ~ ~ _ f ~ _ ~ f ~i 4 ~_ ~ : . .~. ~ }, ~, ~ -, ___ - - ~ ~ 3 -- - - - --- ~ _._ _t j 1 -~ - r f 1 ~ I ~ ,' z { (#[ _ _ _ ' ~ i _. - _ .__ ~ t i _.. f ~~~ _ ) / ... c .o 'a gg d L 0 ~~m~d~101~ a ~ ~®~3 ~ o 1 '~ t(~WN nF TOWN COUNCIL MEETING TOWN OF MARANA 9 MAI2ANA ~ INFORMATION gR1ZUNP MEETING DATE: August 12, 2008 AGENDA ITEM: J. 2 TO: MAYOR AND COUNCIL FROM: Jane Fairall, Deputy Town Attorney SUBJECT: Resolution No. 2008-103: Relating to Building; declaring the revised 2008 Marana Outdoor Lighting Code as a public record filed with the Town Clerk; and declaring an emergency. DISCUSSION This resolution makes the revised Marana Outdoor Lighting Code a public record. This process .makes it possible for the revised Outdoor Lighting Code to be adopted by reference under A.R.S. § 9-802, thereby avoiding the requirement to publish the entire document, as would oth- erwise be required under A.R.S. § 9-812. RECOMMENDATION Staff recommends adoption of Resolution No. 2008-103, immediately prior to or at the same time as the adoption of Ordinance No. 2008.18, the adopting ordinance for the revised 2008 Ma- rana Outdoor Lighting Code. SUGGESTED MOTION I move to adopt Resolution No. 2008-103; and declaring an emergency. {00010350.DOC /) 7/22/2008 JF MARANA RESOLUTION N0.2008-103 RELATING TO BUILDING; DECLARING THE REVISED 2008 MARANA OUTDOOR LIGHTING CODE AS A PUBLIC RECORD FILED WITH THE TOWN CLERK; AND DECLARING AN EMERGENCY. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, as follows: SECTION 1. The revised 2008 Marana Outdoor Lighting Code of the Town of Marana, Arizona, a copy of which is attached to and incorporated in this resolution as Exhibit A and three copies of which are on file in the office of the Town Clerk, is hereby declared to be a public record and ordered to remain on file with the Town Clerk. SECTION 2. Since it is necessary for the preservation of the peace, health and safety of the Town of Marana that this resolution become immediately effective, an emergency is hereby declared to exist, and this resolution shall be effective immediately upon its passage and adoption. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 12th day of August, 2008. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney {00010349.DOC /} 7/22/2008 JF `OWN nF TOWN COUNCIL MEETING TOWN OF MARANA 9 Ma~arvn ; INFORMATION "'` AR12UhP MEETING DATE: August 12, 2008 AGENDA ITEM: J. 3 TO: MAYOR AND COUNCIL FROM: Deb Thalasitis, Assistant Town Manager SUBJECT: Ordinance No. 2008.19: Relating to Administration; adding the positions of General Manager, Assistant Chief of Police and Police Commander to the Town's unclassified service; creating two additional categories of employment; amending Town Code Sections 3-1-2, 3-1-3 and 3-1-4; adding new Town Code Sections 3-2-11, 3-2-12 and 3-2-13; and declaring an emergency. DISCUSSION As part of the compensation and classification study, the Town Manager's Office has undertaken a review of the Personnel Policies and Procedures related to compensation and the Town Code. This agenda item recommends several changes to Chapter 3-1 of the Town Code, including amendment of the list of at-will positions and the addition of two new classifications of employment: term-limited temporary and short-term temporary. Sections 3-1-2 and 3-1-3 of the Town Code list positions in the Town that are considered unclassified and at-will. Employees in these positions serve at .the pleasure of the Town Manager or his/her designee and have no term of office. Staff is recommending the following changes to the list of at-will positions: . Add the position of General Manager Add the position of Assistant Chief of Police Add the position of Police Commander The General Manager position is proposed as part of the reorganization presented by Town Manager Gilbert Davidson at the July 15, 2008 Council meeting. General- Managers would serve at the pleasure of the Town Manager, Deputy Town Manager or Assistant Town Manager. The incumbents will be responsible for coordinating and managing all related activities of a group of departments. If approved, the current plan is to reallocate the Deputy Town Manager and Public Works Director positions to General .Manager positions that will separately oversee two key service areas. The General Manager -Development Services will oversee and coordinate the Building, Engineering and Planning Departments and the Permits and Records Center. The General Manager -Public Services will oversee and coordinate the Airport, CIP, Operations and Maintenance and Utilities Departments. A key role of the General Manager position is to provide a single point of contact for negotiation of agreements, large project management .and execution, resolution of issues and questions that arise in the course of development activities ~ooolozv~.DOCi2} 08/06/2008 JF and to assure seamless coordination between and among the various development-related or public works services and departments within the Town. The Assistant Chief of Police position was intended to be included on this list upon its creation; however, due to an oversight, the position was never added to this list. This item would correct that oversight. The Assistant Chief of Police is appointed by the Chief of Police and would serve at the pleasure of the Chief of Police. The Police Commander position, if approved, is a new classification available for .use in the police department. No additional positions are being requested at this time,. but a Lieutenant's position will be converted to this classification once a successful candidate is appointed by the Chief of Police. This position serves at the pleasure of the Chief of Police. The Police Commander commands a major segment or function of the Police Department. Responsibilities include planning, supervising, coordinating and evaluating the work of assigned personnel within an operational or support function. Supervision is exercised over a staff of sworn and/or civilian personnel primarily through subordinate supervisors. The position performs highly complex administrative duties, and related duties as required. The position serves as the Chief of Police in the absence of the Chief and Assistant Chief and represents the Chief to the public and other law enforcement agencies. The current plan is to leave the Assistant Chief position vacant with the creation and staffing of the Police Commander position. Funds from the Assistant Chief s position are being used to temporarily augment the workforce with an individual who is working on special and term-limited projects for the department. Staff is also recommending the addition of two new categories of employment in the Town. Currently Section 3-1-3 of the Town Code lists two categories of employment: classified service and unclassified service. Staff recommends that the categories of "term-limited temporary employment" and "short-term temporary employment" be added to Section 3-1-3. A term-limited temporary employee is an individual who is employed in a temporary position for more than six months, but no longer than 36 months from the hire date. Employees in term- limited temporary positions are eligible for health and welfare benefits (vacation, sick leave, personal holidays, retirement and medical, dental and other insurances), but serve at the will of the appointing authority and are not part of the Town's classified service. They do not have access to the personnel action review board procedures and are not subject to other provisions of the Town's Personnel Policies and Procedures except where. specifically stated. Term-limited temporary employees may perform work related to a grant, capital improvement project, information systems technology project, executive fellowship program or other non-routine, substantial body of work that exceeds six months. The Town Manager will be responsible for approval ofterm-limited temporary employment. At this time, the Town Manager's Office intends to use the term-limited classification, if approved, to establish an 18-month Executive Fellow position. Internship funds already approved will be used to fund one Executive Fellow position in the Town Manager's Office. This position will offer an in-depth work experience for a recent graduate of a graduate school level Public or Business Administration program from an accredited college or university.. The incumbent will be assigned work on special projects important to the Town and will have .the opportunity to work closely with senior management and department directors who will serve as {oooro2v~.DOC/z} -2- 08/06/2008 JF mentors. The selected individual gets valuable professional experience, while the Town is able to get important work completed in acost-effective manner, with more continuity than using multiple interns. This is one example of how the term-limited classification might be used by the Town. The other proposed new classification of employment is short-term temporary employment. This classification would include seasonal employees and other short-term employees needed for a limited period of time to fill staffing needs. Short-term temporary employees would be at-will employees, would not receive the compensation and benefits of classified employees and would not have recourse to the Town's personnel action review board procedures. "Short-term" is defined as no more than six months or 1040 hours in a rolling 12-month period. ATTACHMENTS None FINANCIAL IMPACT There are no financial impacts. Funds and positions already approved in the FY 2008-2009 budget will be reallocated to achieve these position changes. RECOMMENDATION Staff recommends adoption of Ordinance No. 2008.19, amending the Town Code to add new positions to the list of at-will, unclassified employees and to create two new categories of Town employment. SUGGESTED MOTION I move to adopt Ordinance No. 2008.19; and declaring an emergency. {0oo1o2v7.ooc/2} -3- 08/06/2008 JF MARANA ORDINANCE N0.2008.19 RELATING TO ADMINISTRATION; ADDING THE POSITIONS OF GENERAL MANAGER, ASSISTANT CHIEF OF POLICE AND POLICE COMMANDER TO THE TOWN'S UNCLASSIFIED SERVICE; CREATING TWO ADDITIONAL CATEGORIES OF EMPLOYMENT; AMENDING TOWN CODE SECTIONS 3-1-2, 3-1-3 AND 3-1-4; ADDING NEW TOWN CODE SECTIONS 3-2-11, 3-2-12 AND 3-2-13; AND DECLARING AN EMERGENCY. WHEREAS the Town's growth requires the addition of new positions in the Town's un- classified service; and WHEREAS the Town Council finds that the Town's recent classification and compensa- tion study indicated the need for more flexibility in the Town's employment classification struc- ture; and WHEREAS the Town Council finds that authorizing the addition of positions to the Town's unclassified service and the creation of two additional categories of employment as set forth in this ordinance is in the best interests of the Town and its residents. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, as follows: SECTION 1. Title 3 of the Marana Town Code is hereby revised by amending sec- tion 3-1-2 entitled "Positions appointed by the town council, town manager, deputy town man- ager, assistant town manager & department heads" as follows (with deletions shown with st~e- e~s and additions shown with double underlining):: Section 3-1-2 Positions appointed by the town council, town manager, deputy town manager, assistant town managers & department heads A. The position of town manager shall be appointed from time to time by the town council, and shall be employed at the will of the town council. This posi- tion shall have no term of office, shall be at-will, and shall report directly to the town council B. The town magistrate shall be appointed by the town council in accordance with section 5-2-1. C. The following positions shall report to the town manager, shall be appointed from time to time by the town manager, shall have no term of office, shall be at-will, and shall work at the pleasure of the town manager. 1. Deputy town manager {00010112.DOC / 3} - 1 - JF 7/22/08 2. Assistant town managers 3. Town clerk 4. Town engineer 5. Town attorney D. The following positions shall report to the town manager, except that the town manager may designate in writing that one or more of these positions shall report to the deputy town manager or assistant town manager. Each of these positions shall be appointed from time to time by the town manager, deputy town manager or assistant town manager to whom he or she reports. Each of these positions shall have no term of office, shall be at-will, and shall work at the pleasure of the town manager, deputy town manager or assistant town manager to whom he or she reports. 1. Department heads 2. Special projects administrator 3. Assistants to the town manager 4. General managers E. All other personnel who are employed under a department head shall be hired by their department head, with the approval of the town manager, deputy town manager or assistant town manager to whom the department head re- ports, and shall work at the pleasure of their department head, as provided in this code and the town personnel policies. F. The duties of any employee may be delegated by that employee to a deputy when a deputy position exists. SECTION 2. Title 3 of the Marana Town Code is hereby revised by amending sec- tion 3-1-3 entitled "Classification ofemployees" as follows (with deletions shown with ~~*~i~t~ and additions shown with double underlininsl: Section 3-1-3 Classification of employees All offices in the town are .divided into classified, a~ unclassified, term-limited emoorarv and short-term temoorarv service. The extent to which certain per- sonnel rules or provisions apply to particular employees will depend upon whether those employees are working as classified er unclassified, term-limited emoorarv or short-term temoorarv employees. A. Classified service. All employees of the town not specifically listed as an un- classified. term-limited temoorarv or short-term temoorarv employee shall be part of the classified service. Different rules and policies, however, may be es- tablished for different groups of employees within the classified service. Clas- sified employees are directed to the personnel manual for direction and em- ployment protections contained there. B. Unclassified service. Persons comprising unclassified service are part of a responsive management team that exists to carry out the goals and policies of the town. Unclassified employees are "at-will" employees. "At-will" employ- ment is defined as employment that may be terminated upon the will of the employer or employee, at any time with or without cause. With. the exce tp ion of the town manager. aAt-will employees do not have employment contracts, {00010112.DOC / 3} - 2 - JF 7/22/08 are not guaranteed any minimum length of employment, and do not have ac- cess to the personnel action review board procedures. Unclassified employ- ees are not subject to the salary schedule, and shall be paid according to per- formance and qualifications, to be determined by the t#e~r-t~12 town .However, unclassified employees shall receive any general salary increases that may be granted from time to time, except that the town manager shall only receive general salary in- creases if they are provided for in an employment contract duly authorized by the council. The following shall be unclassified employees: 1. Town manager 2. Deputy town manager 3. Assistant town managers 4. Town clerk 5. Town engineer 6. Town attorney 7. Department heads 8. Special projects administrator 9. Assistants to the town manager 10. General manaaers 12. Police commander . Term-limi ted temporary e mplovment. This cateao rv of emplovment is com- prise~ of temp orary positi ons. with work related to a srecific arant. capital i - provemen t pro iect. techno loav services proiect or other non-routine subst - w ork. for a te rm of six to 36 months. T erm-limited temporary e - plovees a re " at-will" emp lovees. "At-will" emplovm ent is defined as emplov- ment that ma y be termin ated upon the will of the employer or employee. at nv time with or without cause. At-will emplovees do not have emplovmen ntracts. are not auarant eed any minimum lenath of emplovment. and do no aye acc ess t o the perso nnel action review board procedures. Term-limited he salary s chedule. and shall be i _ ormance and aualifications. to b e determined by the town naaer or d esianee. Ho wever. term-limited temp orary emplovees shall ceive any aen eral salary i ncreases that may be ara nted from time to time. All nefits a fford ed to class ified emplovees. except t hose specifically exclude by this p araa raph. shall be afforded to term-limit ed temporary emplovees. Term-limi ted t emporary e mplovees shall be appoin ted by the town manaaer or desian ee a s needed to work on the followina proi ects: 1. Grant-funded proiects. Proiects or activities that are funded by special or a specific time period or activity. and that are not regularly avail- able or predictable to the town. 2. Technology services proiects. Proiects involving the planning and imple- mentation of new technoloav services systems for the town. Term-limited emporarv emplovees may not be used for on-going maintenance of svs- terns that have been implemented. {00010112.DOC / 3} - 3 - JF 7/22/08 . Capital improvement nroiects. Management of major capital improvemen projects. Term-limited temporary emplovees may not be used for ongoing anaaement of public facilities once they have been built. 4. Miscellaneous projects. Other significant and substantial projects or bodies f work that. in the discretion of the town manaaer or desianee. are deemed appropriate for term-limited temnorarv emplovees. These nroiects must be either non-routine or related to the initiation or reorganization of a unction. department or project. . Temporary placement in reaular positions. Term-limited temporary employ- e placed in reaular classified or unclassified positions within the Town for a period of six months or more due to an extended leave of ab- ence of a reaular employee. D. Short-term t emp orary emplovment. This category of emp lovment is comprised of temporar y po sitions for a time period that does not e xceed six months or 1040 hours in a rolling 12-month period. These positio ns would be used to uament the wo rkforce due to se asonal and other spe cific temporary work- oad needs that reauire additional staffing. Short-term t emporary emplovees "at-will" emp lovees. "At-will" e mplovment is defined as emplovment tha av be terminat ed upon the will of the employer or emplo yee. at anv time with r without c aus e. At-will emplove es do not have emplo vment contracts. are guarante ed anv minimum leng th of emplovment. and do not have access o the perso nne l action review bo ard procedures. Short -term temporary em- plovees are not subject to the sala ry schedule. and shall be paid according to performance an d qualifications. t o be determined by t he town manaaer or desianee. S hort -term temporary emplovees shall not r eceive benefits pro- vided to oth er e mplovees of the t own. Short-term temp orary emplovees are subject to w ork r ules established b y the town. SECTION 3. Title 3 of the Marana Town Code is hereby revised by amending sec- tion 3-1-4 entitled "Classification ofemployees" asfollows (with deletions shown with *-~t~ and additions shown with double underlining): Section 3-1-4 Non-employee positions The following appointed positions shall not be considered to be employment po- sitions and exist outside town personnel policies and provisions: A. All elected officials and members of boards, committees and commissions; B. Volunteer personnel and personnel appointed to service without pay; C. ~orn~nnol u~h~, ronraer 4omnnrnni nr~~iini~nnl ~r nnoni~l ~nniirnmen~• ~ e > > Those engaged by the town on a contractual basis- {00010112.DOC / 3} - 4 - JF 7/22/08 SECTION 4. Title 3 of the Marana Town Code is hereby revised. by adding new sec- tion 3-2-11 entitled "General managers" as follows: Section 3-2-11 General managers A. Offices established. The positions of general managers are hereby. created and. established in accordance with section 3-1-2. Each general manager shall be appointed, suspended or removed by and shall perform their duties under the general and specific direction of the town manager, deputy town manager or assistant town manager to whom he or she reports. B. Compensation. General managers shall receive such compensation as the town manager, deputy town manager or assistant town manager to whom he or she reports shall fix from .time to time. C. Duties. General managers shall be charged with the responsibilities set forth by and shall perform the duties of their office under the general and specific direction of the town manager, deputy town manager or assistant town man- ager to whom he or she reports. SECTION 5. Title 3 of the Marana Town Code is hereby revised by adding new sec- tion 3-2-12 entitled "Assistant chief of police" as follows: Section 3-2-12 Assistant chief of police A. Office established. The position of assistant chief of police is hereby created and established in accordance with section 3-1-3. The assistant chief of police shall be appointed, suspended or removed by and shall perform his or her du- ties under the general and specific direction of the chief of police. B. Compensation. The assistant chief of police shall receive such compensation as the appointing officer shall fix at the time of appointment, and the compen- sation shall be a proper charge against the funds of the town. C. Duties. The assistant chief of police shall be charged with the responsibilities set forth by and shall perform the duties of his or her office under the general and specific direction of the chief of police. SECTION 6. Title 3 of the Marana Town Code is hereby revised by adding new sec- tion 3-2-13 entitled "Police commander" as follows: Section 3-2-13 Police commander A. Office established. The position of police commander is hereby created and established in accordance with section 3-1-3. The police commander shall be appointed, suspended or removed by and shall perform his or her duties un- der the general and. specific direction of the chief of police. B. Compensation. The police commander shall receive such compensation as the appointing officer shall fix at the time of appointment, and the compensa- tion shall be a proper charge against the funds of the town. C. Duties. The police commander shall be charged with the responsibilities set forth by and shall perform the duties of his or her office under the general and specific direction of the chief of police. {00010112.DOC / 3} - 5 - JF 7/22/08 SECTION 7. IT IS FURTHER ORDAINED that, since it is necessary for the preservation of the peace, health and safety of the Town of Marana that this ordinance. become immediately effective, an emergency is hereby declared to exist, and this ordinance shall be effective immedi- atelyupon its passage and adoption. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 12th day of August, 2008. ATTEST: Jocelyn C. Bronson, Town Clerk Mayor Ed Honea APPROVED AS TO FORM: Frank Cassidy, Town Attorney {00010112.DOC / 3} - 6 - JF 7/18/08 ~nwa o~ TOWN COUNCIL MEETING TOWN OF MARANA 9 Mnrz,arv.a ; INFORMATION aQ1ZONP MEETING DATE: August 12, 2008 AGENDA ITEM: J. 4 TO: MAYOR AND COUNCIL FROM: Deb Thalasitis, Assistant Town Manager SUBJECT: Resolution 2008-104: Relating to Personnel; approving a salary schedule for classified employees and an action plan for implementation of the classification and compensation study and fiscal year 2008-09 performance management program; and declaring an emergency. DISCUSSION The Town of Marana has completed the classification and compensation study authorized by the Town Council in January, 2008. Following a competitive bid process, the Town engaged the consultant, Milliman, to conduct the study, the results of which are discussed here. This communication. requests Council approval for the classified employee salary schedule and action plan for implementing the study results along with the FY 2008-09 pay for performance program with an effective date of September 13, 2008 (the first full pay period in September). Any changes to employee pay will appear on the October 3, 2008 pay check. Market Survey Results In accordance with Council direction, the market for classified positions included communities of similar size, along with several specialty agencies for certain positions, such as those related to water and utilities. The market also included data from 12 published survey sources. The following entities responded to the custom survey conducted by Milliman. Cities and Towns ~ecialty Agencies Town of Buckeye Marana Unified School District City of Bullhead City Tucson Unified School District City of Casa Grande. Tucson Water (via City of Tucson) City of El Mirage City of Goodyear Counties Town of Oro Valley Pima County Town of Queen Creek Cochise County City of Sierra Vista City of Avondale Town of Sahuarita City of Tucson {00010336.DOC / 2). 08/06/2008 The Milliman study compared market information for 131 of the 141 classified positions included in the study. Milliman concluded that the cash compensation paid to employees at the Town of Marana is at or above the 25th percentile on average. This is driven by 72 percent of the Town's classified employees whose. actual pay rate (cash compensation) is .below the 50th percentile of the market. When factoring in the Town's benefits package, the Town's market position with regard to "total compensation" (salary and benefits) improves considerably and is an advantage when recruiting talent from the private sector.. The benefit largely responsible for this improvement is the Town's participation in the Arizona State Retirement System. Because this or a similar retirement benefit is offered by other public employers, the .adjustments recommended to the salary schedule and recommended actions for implementation will allow cash compensation to remain competitive with other public employers for the Town's higher performing employees. Classified Employee Pav Schedule Milliman has recommended a salary schedule based on the market information obtained during the study. The salary schedule was developed by taking the jobs with similar market values at the low end, and establishing the midpoint of the lowest, or first salary grade. The first grade is labeled "Grade 10." The midpoint is exactly the middle of the salary range. Subsequent (higher) -salary grades were added by increasing the mid-point by 10 percent. A total of 17 grades were required to place all of the 141 classified jobs in the salary schedule. Once the grades were established, jobs were placed in a particular grade based on the job's actual market value relative to the midpoint of the grade. Because the midpoint is the exact middle of a range, the top of each of the 17 pay ranges was determined by adding 25 percent, and conversely, the bottom was determined by deducting 25 percent for a total 50 percent spread from the minimum of a salary grade to the maximum of a salary grade. The Town's current classified salary schedule also contains a 50 percent spread. between the minimum and maximum of each grade. However, the current structure contains 53 grades, while the new structure contains 17. The market study has allowed the placement of jobs similar in market value into the same salary grades, thereby reducing the need for so many salary grades. Proposed Pav Adiustments Implementing the new salary structure will give experienced, high performing employees the opportunity to earn cash compensation at the 50th percentile or above of the market over time. There are also immediate impacts to the change in structure that are generally dealt with by providing incumbent employees with some type of pay adjustment.. Based on Council direction early in the study, staff is recommending that any such pay adjustment be based not only on the market study, but on an employee's actual job performance. The Town's performance management system will serve as the vehicle to achieve the pay adjustments that are being recommended here. The adjustments recommended to implement the market study in FY 2008-09 are intended to provide the greatest amount of change in base pay to high performing employees whose salaries {00010336.DOC / 2} -2- are below the midpoint of their "new" salary range. The chart below shows how actual employee pay is distributed throughout the new salary structure. The midpoint is represented by the line between quadrant two (2) and three (3). High performing employees in quadrant two (2) and below will be eligible for the largest amount of pay increase. __ _ __ Under Min Q1 Q2 ~ (~~ Q4 Over Max 48 68 56 _ 42 13 13 20% 28.3% 23.3% 17.5% 5.4% 5.4% SOt Percentile Based on the Town's performance rating system shown in the far left-hand column of the chart below, staff is proposing the following strategies for employee pay in FY 2008-2009. Pay is based on the performance rating for the performance period July 1, 2007 -June 30, 2008. If Below Min If Bele~w Mid Merit Onc-Time ._ PERFORMANCE RATING Greater of Lesser of 2% [J~~ to ~"~~ Perl~~~-mance MIN or ?°-~, or $ to Mid ~ add to h~lse award Far exceeded in all areas / _ / 3% / Consistently exceeded in all areas / / 3% / Consistently met and exceeded in / / 2.5% / many key areas Consistently met in all areas / / 2% $0 Did not meet 0% 0% 0% $0 Estimated Cost $146,000 $99,000 $333,227 $166,000* *Note: Performance Award is a one-time payment, not added to an employee's base pay. It is paid as a lump sum. If approved, the pay adjustments summarized in the above chart would be implemented effective the first full pay period in September (September 13, 2008) as follows: Minimum Adjustment (If Below Min) -Employees whose salaries fall below the minimum of the new salary range for their position will be eligible for a two percent pay adjustment to base salary or will move to the minimum of the new salary range, whichever is greater, provided that an employee's performance rating is "consistently met in all areas" or higher. Employees whose performance "did not meet," will have any "below min" adjustment held in abeyance until performance is rated as "consistently met in all areas." Probationary employees whose pay is below the minimum will be eligible for a minimum adjustment upon satisfactory completion of the probationary period (which may fall after the September 13, 2008 implementation date). Midpoint Adjustment (If Below Mid) -Non-probationary employees whose salaries fall below the .midpoint of the new salary range for their position, but are above the new minimum, will be eligible for a two percent pay adjustment to base salary or will move to the midpoint of the new range, whichever is lesser, provided that an employee's performance rating is "consistently met in all areas" or higher. Employees whose performance "did not meet," are not eligible for. a {00010336.DOC/2} -3- midpoint adjustment. Employees who receive a "minimum adjustment" are not eligible for a "midpoint adjustment." Probationary employees as of September 13, 2008 are not eligible for a midpoint adjustment. Merit Award -Employees are eligible for a merit adjustment to base salary based on performance during the performance period (July 1, 2007 -June 30, 2008) as follows: Far exceeded in all areas 3.0% Consistently exceeded in all areas 3.0% Consistently met and exceeded in many key areas 2.5% Consistently met in all areas 2.0% Did not meet 0.0% Merit awards for probationary employees shall be prorated based on the months of actual service achieved during the performance period (FY 2007-2008) and maybe awarded no earlier than satisfactory completion of the probationary period and no later than the employee's anniversary date. Performance Award -Upon recommendation of their department head, non-probationary employees whose performance is rated at least "consistently met and exceeded in many key areas" maybe eligible for a one time (lump sum) performance award. This award must be justified by the department head based on significant contributions to the Town during the last fiscal year and approved by the Town Manager. The Town Manager will establish guidelines for the performance award program. The amount of the award and the number ofnon-probationary employees receiving the award per department is limited by the funds allocated to that department. One time funds in the amount of $166,000 will be allocated based on the total payroll of a department or group of departments. FINANCIAL IMPACT The ongoing operating funds needed to implement the classification and compensation study results, including the new salary schedule for classified employees, were anticipated in the FY 2008-09 budget that was adopted by the Town Council in June. A conservative estimate of the anticipated annualized salary costs are shown below. Actual costs for FY 2008-09 (10 month total) are less, due to the September implementation date and are well within the $1 million budgeted. An additional $166,000 in one time money for the lump sum performance awards will come from anticipated budget savings. The performance award does not create an ongoing increase to an employee's base salary or an ongoing obligation to the Town. Adjustment to Minimum Adjustment to Midpoint Merit Executive Compensation MPOA Settlement ANNUAL TOTAL 10 MONTH TOTAL $ 146,000 $ 99,000 $ 333,227 $ 101,000 $ 366,000 $1,045,227 $ 932,000 {00010336.DOC / 2} -4- ATTACHMENTS 1) Classified Employee Salary Schedule 2) Action Plan for Classification and Compensation Study Implementation/FY 2008-09 Performance Management Program. RECOMMENDATION Staff recommends adoption of the Classified Employee Salary Schedule and the Action Plan for Classification and Compensation Study Implementation/FY 2008-09 Performance Management Program. SUGGESTED MOTION I move to adopt Resolution 2008-104. {00010336.DOC/2} -5- MARANA RESOLUTION N0.2008-104 RELATING TO PERSONNEL; APPROVING A SALARY SCHEDULE FOR CLASSIFIED EMPLOYEES AND AN ACTION PLAN FOR IMPLEMENTATION OF THE CLASSIFICATION AND COMPENSATION STUDY AND FISCAL YEAR 2008-09 PERFORMANCE MANAGEMENT PROGRAM; AND DECLARING AN EMERGENCY. WHEREAS the Town of Marana periodically conducts a study of salaries and benefits to ensure alignment with comparable organizations; and WHEREAS a competitive market position is established by comparing the Town of Marana to organizations that are of similar size and geographical location; and WHEREAS the Town's compensation and benefits consulting firm, Milkman, has conducted a salary survey of organizations meeting this criteria and has made recommendations to the Town; and WHEREAS the Marana Town Code, Section 3-3-1, provides that the Town Council shall adopt a personnel system for classified employees of the Town; and WHEREAS the Town's Personnel Policies and Procedures, Policy 3-2, provides that the Town Council and Town Manager shall ensure the preparation, development and maintenance of a classification plan for classified employees; and WHEREAS the Town's Personnel Policies and Procedures, Policy 3-3, provides that the Town Council shall adopt a salary schedule for classified employees; and WHEREAS the Town desires to retain a competitive market position for the recruitment and retention of employees that make up the classified service and to establish salary schedules for recruiting, selecting and rewarding employees in the classified service; and WHEREAS the Town Council desires to base pay adjustments on employee performance as it contributes to the overall mission of the .Town and service to its citizens and to establish an action plan for implementing the classification and compensation study based on the Town's performance management program. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. The Town of Marana hereby approves the Classified Salary Schedule attached to and incorporated by this reference in this resolution as Exhibit A and the Action Plan for Classification and Compensation Study Implementation/FY 2008-09 Performance Management Program attached to and incorporated by this reference in this resolution as Exhibit B. {00010337.DOC / 2} 7/22/2008 JF SECTION 2. The Town's Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to implement the Classified Salary Schedule in Exhibit A and the Action Plan for Classification and Compensation Study Implementation/FY 2008-09 Performance Management Program in Exhibit B. SECTION 3. Since it is necessary for the preservation of the peace, health and safety of the Town of Marana that this resolution become immediately effective, an emergency is hereby declared to exist, and this resolution shall be effective immediately upon its passage and adoption. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA,. this 12th day of August, 2008. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney {00010337.DOC / 2} -2- J 0 W ~ _ N o N ~.:. ~j °° a °aN 3~~ o ~ Fw N Q U Mn c T O 0 O ~ M ~ `- ~ N aM-~ tf? 6N9~ d4 0 ° o ~. a°oo~' N ~ ~ ~} T a 0 N O ti d3 r ~3 ++ .-~ n n a a axi axi m axi Z Z Z Z 1 ~ ~ ~~ ~ ~ X b ~ ~ ~ O ~ ~' O M ~4S r ~ ~ d4 O ~ 0 c~ 0000 ~ O r.. ~ ~ yg 0 O O N ~ N ~ ~ 4~9 ~ 6~? a 'S. a m m a~i x x z° z° z° Y Y ~ N ` ~ ~ C ~ ~~ U ~+ ~' ~- fl L ~ y .a ' C - ~ ~ O c0 ;{7 ~ to E Q o 'L' ~ U Q o ~ O 3 w Q. m~ C ~ ~ V ~ ~ ~ ~ ~ o ~ U ~ U D O O) N~ T ~~ N ~ ~ ~ H ~ O ~ ~ t7 (~ ~ o ° ~~x. 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Q j ~ ~ ~ ~ ~ b ro 3 O b ~ 5 ti V ~ ~ w ; Action Plan for Classification and Compensation Study Implementation/F'Y 2008-09 Performance Management Program Based on the Town's performance rating system shown in the far left-hand column of the chart below, staff the following action plan shall be implemented for employee pay in FY 2008-2009. Pay is based on the performance rating for the performance period July 1, 2007 -June 30, 2008. PERFORMANCE RATING If Below Mm if I3clow ~ Merit Mid One-Time I Greater cif MIN or 2% _- - Lesser of 2% or $ to Mid - ~ Up to ~"'r. add to base Peri<~ri7lance A~~-arc] Far exceeded in all areas / / 3% / Consistently exceeded in all areas / / 3 % / Consistently met and exceeded in man key areas / / 2.5% / Consistently met in all areas / / 2% $0 Did not meet 0% 0% 0% $0 Estimated Cost $146,000 $99,000 $333,227 $166,000* *Note: Performance Award is a one-time payment, not added to an employee's base pay. It is paid as a lump sum. If approved, the pay adjustments summarized in the above chart would be implemented effective the first full pay period in September (September 13, 2008) as follows: Minimum Adjustment (If Below Min) -Employees whose salaries fall below the minimum of the new salary range for their position will be eligible for a two percent pay adjustment to base salary or will move to the minimum of the new salary range, whichever is greater, provided that an employee's performance rating is "consistently met in all areas" or higher. Employees whose performance "did not meet," will have any "below min" adjustment held in abeyance until performance is rated as "consistently met in all areas." Probationary employees whose pay is below the minimum will be eligible for a minimum adjustment upon satisfactory completion of the probationary period (which may fall after the September 13, 2008 implementation date). Midpoint Adjustment (If Below Mid) -Non-probationary employees whose salaries fall below the midpoint of the new salary range for their position, but are above the new minimum, will be eligible for a two percent pay adjustment to base salary or will move to the midpoint of the new range, whichever is lesser, provided that an employee's performance rating is "consistently met in all areas" or higher. Employees whose performance "did not meet," are not eligible for a midpoint adjustment. Employees who receive a "minimum adjustment" are not eligible for a "midpoint adjustment." Probationary employees as of September 13, 2008 are not eligible for a midpoint adjustment. {oooio33s.DOC i 2} Page 1 of 2 Excludes positions covered under the July 1, 2008 -June 30, 2010 MPOA Agreement Action Plan for Classification and Compensation Study Implementation/FY 2008-09 Performance Management Program Merit Award -Employees are eligible for a merit adjustment to base salary based on performance during the performance period (July 1, 2007 -June 30, 2008) as follows: Far exceeded in all areas 3.0% Consistently exceeded in all areas 3.0% Consistently met and exceeded in many key areas 2.5% Consistently met in all areas 2.0% Did not meet 0.0% Merit awards for probationary employees shall be prorated based on the months of actual service achieved during the performance period (FY 2007-2008) and maybe awarded no earlier than satisfactory completion of the probationary period and no later than the employee's anniversary date. Performance Award -Upon recommendation of their department head, non-probationary employees whose performance is rated at least "consistently met and exceeded in many key areas" maybe eligible for a one time (lump sum) performance award. This award must be justified by the department head based on significant contributions to the Town during the last fiscal year and approved by the Town Manager. The Town Manager will establish guidelines for the performance award program. The amount of the award and the number ofnon-probationary employees receiving the award per department is limited by the funds allocated to that department. One time funds in the amount of $166,000 will be allocated based on the total payroll of a department or group of departments. {oooio3sa.noc i 2} .Page 2 of 2 Excludes positions covered under the July 1, 2008 -June 30, 2010 MPOA Agreement ~nW N pR. TOWN COUNCIL MEETING TOWN OF MARANA 9 MaR,aNn ; INFORMATION gRiZOrP MEETING DATE: August 12, 2008 AGENDA ITEM: J. 5 TO: MAYOR AND COUNCIL FROM: Frank Cassidy, Town Attorney SUBJECT: Resolution No. 2008-108: Relating to Utilities; approving and au- thorizing the Utilities Director to execute a Bill Crediting Contract among the Marana Water Department, Trico Electric Coopera- tive, Inc., and the Arizona Electric Power Cooperative, Inc., for electric service. DISCUSSION The. Marana Water Department received an allocation of hydro-electric power from the Parker- Davis Project. The Bill Crediting Contract presented for approval by this item facilitates the de- livery of the power to the Marana Water Department through Trico Electric Cooperative and the Arizona Electric Power Cooperative, which is Trico's sole wholesale power supplier. This agreement is subject and subordinate to the contract, with the U.S. Department of Energy, West- ern Area Power Administration, for Parker-Davis Project electric service approved by Marana Resolution No. 2007-81. In essence, this bill crediting contract allows the Marana Water Department to take advantage of the benefits of its Parker-Davis allocation. RECOMMENDATION Staff recommends adoption of Resolution No. 2008-108, approving and authorizing the Utilities Director to execute the bill crediting contract. FINANCIAL IMPACT These arrangements will provide a savings to the Marana Water Department of $7,000 to $22,000 per month, which Trico will directly credit onto its bill. The savings per month depend on the summer/winter energy consumption. Marana Water Department will utilize 449,000kWh monthly, from March through September (summer season energy), and 350,000kWh monthly, from October through February (winter season energy), totaling 5,144,000kWh yearly usage, which is equivalent to one (1) Megawatt. ATTACHMENTS Bill Crediting Contract; PowerPoint presentation SUGGESTED MOTION I move to adopt Resolution No. 2008-108. {0001o3~3.DOCi3} FJC/cds MARANA RESOLUTION N0.2008-108 RELATING TO UTILITIES; APPROVING AND AUTHORIZING THE UTILITIES DIRECTOR TO EXECUTE A BILL CREDITING CONTRACT AMONG THE MARANA WATER DEPART- MENT, TRICO ELECTRIC COOPERATIVE, INC., AND THE ARIZONA ELECTRIC POWER COOPERATIVE, INC., FOR ELECTRIC SERVICE. WHEREAS the Marana Water Department received an allocation ofhydro-electric power from the Parker-Davis Project; and WHEREAS the Marana Water Department, Trico Electric Cooperative, Inc., and the Arizona Electric Power Cooperative, Inc., desire to enter into a Bill Crediting Contract to take advantage of the benefits of the Parker-Davis allocation; and WHEREAS the Mayor and Council of the Town of Marana feel it is in the best interests of the public to enter into such a contract. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, that the Bill Crediting Contract among the Marana Water Department, Trico Electric Cooperative, Inc., and the Arizona Electric Power Cooperative, Inc., attached to and incor- porated bythis reference in this resolution as Exhibit A is hereby approved, and the Utilities Director is hereby authorized to execute it for and on behalf of the Town of Marana. IT IS FURTHER RESOLVED that the Town's Manager and staff are hereby directed and au- thorized to undertake all other and further tasks required or beneficial to carry out the terms, obliga- tions, and objectives of the contract: PASSED and ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 12a' day of August, 2008. Mayor Ed Honea ATTEST: Jocelyn C. Bronson,, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney {00010374.DOC /} FJC: cds BILL CREDITING CONTRACT AMONG THE TOWN OF MARANA ARIZONA WATER DEPARTMENT, TRICO ELECTRIC COOPERATIVE, INC., AND ARIZONA ELECTRIC POWER COOPERATIVE, INC., 8/5/2008 1. PREAMBLE: This Bill Crediting Contract (Contract) is made this day of August, 2008, among the Town of Marana, an Arizona municipal corporation, acting by and through its Water Department, hereinafter collectively referred to as the Town of Marana AZ Water Department, its successors and assigns, Arizona Electric Power Cooperative, Inc., anon-profit electric cooperative corporation organized under the generation and transmission laws of the State of Arizona, hereinafter referred to as AEPCO, and Trico Electric Cooperative, Inc., an Arizona nonprofit corporation, hereinafter referred to as Trico, each represented by the officer executing this Contract, a duly appointed successor, or a duly authorized representative, each sometime hereinafter individually referred to as a Party, and all sometimes hereinafter collectively referred to as the Parties. 2. EXPLANATORY RECITALS: 2.1 Western Area Power Administration (Western) markets and transmits electric power and energy from the Boulder City Area Projects for sale of electric service from the Parker-Davis Project (PDP) (Federal Power). Western's Administrator approved final allocations of Federal Power as published in the Federal Register at 49 FR 50582, December 28, 1984; corrections, 50 FR 7823, February 26, 1985 and adjusted those final allocations as published in the Federal Register at 68 FR 23709, dated May 5, 2003. Western has committed an allocation of Federal Power to the Town of Marana AZ Water Department (Marana Water Department Allocation), which is embodied in Contract No. 07-DSR-11766, between the United States Department of Energy Western Area Power Administration Desert Southwest Region Parker-Davis Project and the Town of Marana AZ Water Department, For Electric Service municipal use and consumption, dated August 13, 2007. 2.2 Contract No. 07-DSR-11766 provides for the delivery of the Marana Water Department Allocation of Federal Power beginning on October 2 aisi2oos 1, 2008, by which Western delivers the Marana Water Department Allocation at the Marana Tap 115 kV interconnection point between AEPCO's transmission provider, Southwest Transmission Cooperative, Inc. (SWTC) and Western. 2.3 Currently, Trico provides retail electric service to the Town of Marana AZ Water Department and AEPCO is Trico's sole wholesale power supplier. 2.4 The Parties agree that in order for the Town of Marana AZ Water Department to benefit directly from the Marana Water Department Allocation, the Town of Marana AZ Water Department would otherwise need to: (i) establish an operating utility to secure use of electricity for municipal needs and to make arrangements for transmission service to meter and deliver the Marana .Water. Department Allocation to point(s) of delivery on the electric system of said Marana utility, and (ii) make arrangements to purchase and wheel any power and energy needed by Marana utility that is in excess of the Marana Water Department Allocation. Since the Parties agree that this option is not presently viable, the Town of Marana AZ Water Department has requested that Trico arrange to have AEPCO act as scheduling agent for the Town of Marana AZ Water Department to accept the Marana. Water Department Allocation for its own use, and pass through a credit of said Federal Power to Trico so that Trico may pass through a credit of the net metered Marana Water Department Allocation to the Town of Marana AZ Water Department in the manner hereinafter described. 2.5 AEPCO and Trico have agreed that SWTC through its arrangements with AEPCO will deliver to 'I'rico the same amounts of power and energy regardless of the existence of this Contract and thus will .not be affected hereby. AEPCO shall accept as scheduling agent the Marana Water Department Allocation from Western. AEPCO and Trico have agreed that Trico shall provide the cost benefit of the net metered Marana Water Department Allocation to the Town of Marana AZ 3 sisizooa Water Department by means of the bill crediting program as set forth herein. 2.6 The Parties desire to enter into this Contract to identify the responsibilities of each Party to enact the bill crediting program. 3. AGREEMENT: In view of good and sufficient consideration, the receipt of which is hereby acknowledged, the Parties agree as follows: 4. TERM: This Contract shall become effective on the date of its execution, and shall remain in effect through September 30, 2028; provided: that this Contract shall terminate upon termination of Contract No. 07-DSR-11766. This Contract may be terminated at any time by: (i) mutual consent of the Parties; (ii} unilaterally by the Town of Marana AZ Water Department upon ninety (90) .days advance written notice to the other Parties; or (iii) by AEPCO or Trico upon one (1) year advance written notice to the other Parties. 5. DATE OF INITIAL SERVICE: The date of initial service under this Contract shall be October 1, 2008 or the first day of the next Winter or Summer Marketing Season as defined in Contract No. 07-DSR-11766. 6. TRANSFER OF CONTRACTUAL RESPONSIBILITIES: The Town of Marana AZ Water Department hereby designates AEPCO as it's scheduling agent and the Party responsible for exercising the privileges and responsibilities of the - Town of Marana AZ Water Department pursuant to Sections 6.3, 9, 10 and 12 of Contract 07-DSR-11766, and its Exhibit A and Exhibit B. Such designation shall not be construed as an assignment to AEPCO, or any third party, of title to the Marana Water Department Allocation, which is and shall remain the sole possession of the Town of Marana AZ Water Department. 4 sisi2oos 7. BILL CREDITING PROGRAM: 7.1 The Parties hereby establish a bill crediting program (Bill Crediting Program), which shall provide the Town of Marana AZ Water Department with the benefit of the Marana Water Department Allocation (Marana Water Department Bill Credit) while continuing to use the existing transmission and distribution systems and the existing delivery arrangements of AEPCO and Trico respectively. The Town of Marana AZ Water Department shall receive the Marana Water Department Bill Credit as a monthly credit on its electric service billing from Trico or in another agreed upon manner as may be agreed upon from time to time to implement the Bill Crediting Program. The method for determining the amount of the Marana Water Department Bill Credit to be credited to the Town of Marana AZ Water Department shall be as set forth in Exhibit A "Determination of Marana Monthly Bill Credit" attached hereto and incorporated by this reference. Exhibit A also includes an example of such determination of the Marana Water Department. Bill. 7.2 In the unlikely event that the calculation set forth in Exhibit A in any month results in a Marana Water Department Bill Credit that is a negative, AEPCO shall include such amount on its bill to Trico, Trico shall bill. such amount to the Town of Marana AZ Water Department, the Town of Marana AZ Water Department shall remit such amount to Trico, and Trico shall remit such amount to AEPCO. 8. RESPONSIBILITIES OF TOWN OF MARANA AZ WATER DEPARTMENT: 8.1 The Town of Marana AZ Water Department with the assistance of Trico shall upon any substantial load changes furnish Western with load data demonstrating that the Town of Marana AZ Water 5 aisi2oos Department's load continues to be adequate to consume the Marana Water Department Allocation. 8.2 The Town of Marana AZ Water Department shall, at its own cost, coordinate with Trico to construct and place into service the necessary metering and communications to appropriately monitor such Town of Marana AZ Water Department load characteristics as necessary to fulfill the obligations herein. 8.3 The Town of Marana AZ Water Department shall provide AEPCO with a copy of Exhibit A to Contract No. 07-DSR-11766, any amendments or modifications thereof, and any other relevant information, which AEPCO may require to carry out its duties as scheduling agent. 9. RESPONSIBILITIES OF AEPCO: 9.1 AEPCO shall, using the telemetered data provided to it by Trico pursuant to Section 10.3 below, monitor energy deliveries under this Contract to ensure that they do not exceed the amount of energy required to serve the Town of Marana AZ Water Department qualified load in accordance with Contract No. 07-DSR-11766 Exhibit A. 9.2 AEPCO shall calculate the amount of the Marana Water Department Bill Credit as set forth in Section 7 and Exhibit A of this Contract each month and credit the entire amount of the Marana Water Department Bill Credit to Trico. 9.3 AEPCO hereby accepts appointment by the Town of Marana AZ Water Department as scheduling agent for the Town of Marana AZ Water Department. AEPCO's duties and responsibilities as scheduling agent include, but are not limited to: (i) scheduling, accounting and billing procedures; (ii) the scheduling and accounting of energy and capacity deliveries; (iii) billing determinations; and (iv) points of delivery. 6 sisi2ooa 9.4 AEPCO shall exercise the scheduling agent duties assumed on behalf of the Town of Marana AZ Water Department pursuant to this Contract in the same manner as Western and AEPCO have previously established for deliveries of AEPCO's own allocations of Federal Power. As such scheduling agent AEPCO shall accept from Western the lesser of the Marana Water Department Allocation. in the amount set forth in Exhibit A to Contract No. 07-DSR-11766 or the actual Town of Marana AZ Water Department metered .load. 10. RESPONSIBILITIES OF TRICO 10.1 Trico shall coordinate with the Town of Marana AZ Water Department, at the Town of Marana AZ Water's sole cost, to construct and place into service the necessary metering and communications to appropriately monitor the Town of Marana AZ Water Department load characteristics as necessary to fulfill the obligation of this Contract. 10.2 Trico shall credit the entire amount of the Marana Water Department Bill Credit received from AEPCO to the Town of Marana AZ Water Department within 30 days after receipt of a bill from AEPCO, which identifies the quantity of energy delivered to AEPCO from Western on behalf of the Town of Marana AZ Water Department and associated amount credited to Trico. 10.3 Trico shall provide the Town of Marana AZ Water metering data to AEPCO in a form and format as necessary to meet AEPCO's obligations as set forth in Section 9 herein. 11. SUBORDINATION: This Contract is intended to implement certain terms and conditions of Contract No. 07-DSR-11766 but not to modify or amend it, and is, therefore, subordinate to Contract No. 07-DSR-11766. 12. AUDIT AND DISPUTE RESOLUTION: Any Party or it authorized representative shall have the right, during normal business hours, to examine and 7 sisi2oos inspect the billing records of another Party, as such records relate to the Marana Water Department Allocation and to the extent permitted by law and consistent with the policies of said examined party relating to inspection of records. In the event of any dispute concerning the Marana Water Department Allocation or the benefits associated therewith, the Parties shall make a good faith effort to resolve such dispute, including review by senior management. In the event such informal dispute resolution does not provide a satisfactory resolution, the Parties shall have the right to pursue any remedies available to them under Federal laws as may be applicable to Western, or the laws of the State of Arizona if Western is not a party to the dispute. 13. AUTHORIZED REPRESENTATIVES: Each Party shall, within thirty (30) days of execution of this Contract, by written notice to all the other Parties, designate the representative(s) who is (are) authorized to act on its behalf with respect to those matters contained herein. Each Party may change the designation of its authorized representative(s) upon written notice to the other Parties. The authorized representatives shall have no authority to change any of the terms and conditions of this Contract. 14. NOTICES: Any notice, demand, or request required by this Contract to be in writing shall be considered properly given when delivered in person, or sent by either registered or certified mail, postage prepaid, or prepaid common courier addressed to each Party's Authorized Representative at the address listed below. The initial addresses listed below may be changed by thirty (30) days advance written notice to the other Parties. For Town of Marana AZ Water Department: Brad DeSpain 5100 West Ina Road Tucson, AZ 85743 8 sisiaoos For Trico: Karen Lathers P.O. Box 930 Marana, AZ 85653-0930 For AEPCO: Manager of Power Trading Attn: Walter Bray 1000 S. Hwy 80 Benson, AZ 85602 15. SUCCESSORS AND ASSIGNS: This Contract shall be binding upon and inure to the benefit of the successors and assigns of the Parties hereto, as permitted below. Each Party shall have the right at any time to mortgage, create or provide for a security interest in, or convey in trust all or a part of its interest in this Contract, under deeds of trust, mortgages, indentures or security agreements, as security for its present or future bonds or other obligations or securities, without need for the consent of the other Parties. Except as provided herein, no Party shall. assign its interest in this Contract in whole or in part without the prior written consent of the other Parties, which consent will not be .unreasonably withheld. 16. EXHIBITS: Inasmuch as certain provisions of this Contract may change during the term hereof, they will be set forth in exhibits from time to time agreed upon by the authorized representatives of the Parties. The initial Exhibit A, and all future exhibits shall be attached hereto and made a part hereof,. and .each shall be in force and effect in accordance with its terms unless superseded by a subsequent exhibit.. 17. NON PRECEDENTIAL CONTRACT: The Parties agree that the sole purpose. of this Contract is to provide arrangements with respect to the allocation of Federal Power that Western has allotted to the Town of Marana AZ Water Department pursuant to Contract No. 07-DSR-11766, referred to herein as the Marana Water Department Allocation. This Contract shall not provide any rights 9 aisi2oos of any kind or nature in any other allocation of Federal Power, by Western or others whether under said Contract or otherwise, to the Town of Marana AZ Water Department. Any other allocations of Federal hydroelectric power that may be available or is available for allocation to any of the Parties shall be determined based upon the then existing. circumstances at such time as it may be or is available and none of the Parties shall rely upon this Contract in any manner in any application for future Federal Power. 18. EXECUTION BY COUNTERPARTS: This Contract may be executed in any number of counterparts, and upon execution of this Contract by all Parties, the executed counterparts together shall have the same force and effect as an original instrument and as if all Parties had signed the same instrument. Any signature page of this Contract maybe detached from any counterpart hereof with impairing the legal effect of any signature thereon, and may be attached to another counterpart of this Contract identical in form hereto but having attached to it one or more signature pages. 19. SIGNATURE CLAUSE: The signatories hereto represent that they have been appropriately authorized to enter into this Contract on behalf of the Party for whom the sign. 10 sisi2oos IN WITNESS WHEREOF, the Parties have caused this Contract to be executed as of the day and year first. indicated herein. TOWN OF MARANA ARIZONA WATER DEPARTMENT By: Name: Title: Date: TRICO ELECTRIC COOPERATIVE, INC. By: Name: Title: Date: ARIZONA ELECTRIC POWER COOPERATIVE, INC. By: Name: Title: Date: 11 gisi2oos EXHIBIT A TO THE BILL CREDITING CONTRACT DETERMINATION OF MONTHLY MARANA ARIZONA WATER DEPARTMENT BILL CREDIT The Monthly Marana Water Department Bill Credit shall be calculated using each month's Town of Marana Load Demand and Energy data derived as illustrated on Attachment 1 "Example Estimate Calculation of Monthly Marana Water Department Bill Credit" attached and made a part hereof, in accordance with the following formula: Monthly Marana Water Department Bill Credit = Cost A - Cost B -Cost C Where: Cost A =The resulting total of: The product of: (a) the Marana Metered Load Demand at AEPCO's system peak hour of the month (Coincident Peak) increased by dividing by the difference obtained by subtracting Trico's distribution system loss factor (expressed as a decimal) from one; multiplied by (b) the AEPCO demand rate then in effect to Trico (currently $14.64 per kilowatt -month). The current Trico loss factor is 6.0%. PLUS The product of: (a) the Marana Metered Load Energy for an entire month increased by dividing by the difference obtained by subtracting Trico's distribution system loss factor; multiplied by (b) the AEPCO energy rate then in effect to Trico (currently $0.02073 per kilowatt -hour). Cost B =The resulting total of: The product o£ (a) the Marana Metered Load Demand at AEPCO's Coincident Peak minus the Marana Water Department Allocation Demand at the time of AEPCO's Coincident Peak (Remaining Marana Metered Load Demand) increased by dividing by the difference obtained by subtracting Trico's distribution system loss factor (expressed as a decimal) from one; multiplied by (b) the AEPCO demand rate then in effect to Trico. PLUS The product of: (a) the. Marana Metered Load Energy for an entire month minus the Marana Water Department Allocation Energy for an entire month (Remaining 12 aisi2oos Marana Metered Load Energy) increased by dividing by the difference obtained by subtracting Trico's distribution system loss factor; multiplied by (b) the AEPCO energy rate then in effect to Trico. Cost C =The resulting total of The Marana Water Department Allocation Monthly Demand multiplied by the then in effect AEPCO transmission provider (SWTC) Ancillary Service No. 2 for Var Support/Voltage Control rate, (currently $0.089 per kilowatt -month) PLUS The Marana Water Department Allocation Monthly Demand multiplied by the then in effect AEPCO transmission provider (SWTC) Ancillary Service No. 3 for Regulation and Frequency Control rate, (currently $0.463 per kilowatt -.month) PLUS The AEPCO monthly scheduling and accounting fee (currently $3,000 per month with a 3.5% annual escalator each October 1). PLUS The current Trico monthly incremental metering and communication charge (estimated at $231 per month. 13 aisizoos ATTACHMENT 1 to EXHIBIT A: EXAMPLE ESTIMATE CALCULATION OF MARANA ARIZONA WATER DEPARTMENT BILL CREDIT r~EPC~} Charges ~~ T I~iCt~ S~ser1 ~r~ Uriginal f~9~ra~n~ 1_a~~1 Ts~t~1 F~egui~e~x~e~~s ~~est i~~ i.i;~~i Coincident Derr~and of tv3arana Laad at r=tEPC~ ~~teter - !~~'~ w1~ ~ kEPCU Demand RatR - w~k~~~-ma (includes ~~~2 and ~3 ~?5 and ~~,~ e...-. 52~ ~3~ _... fdl;~rat7a Enemy. Requirement at .F-~EPCD meter - k4P~h ~+~.02fE~3 ~~RCU Energy ]=rate - ~'i~'v~~;T, ~_,__ ~ ~_ ~0 U1~13 CEP+~~? Fuel AdJ ~ k':~'h -~ _~. u1~ ~ n ,~ N.EPI,+_+ Energy''; .~i7Cr3rr7C .~`', m P.....>_,. _______ .may.,,,,,. .,,,u,7.> ... _..~ . . i ~Et~CL~ Cher es trr T€~1CC~ for Rerr~alnir~ la~~ra~~~ L~~€i Re ~irer~ersts Cast H $~[:1. Remaining t~larana Load C~e~~and Re~,uirement - kix~~` _.. ~ ..__ ~1-~ 6=1 r'~EPCU Demand Rate - ~~k'~,r-rr-~a (includes .~~w~ and rt3 rr; ~6p v1~,?~f3 ~~ r~~Pr~~~7 Derr~ar3:~ ~~harr~a ~ 21.53 _ .... _ f~,rla(ana Laad Eneic~~<Re~irirernent -k'.'t~tr' ___ _ ___ ,(} [rzo'3 ;~EPCU En?rgy Rate - ~°kl°fh u~_1~1313 t~EF'CU Fuel Ad1 '"~I:~'~h ~~c~ 1u ~t F'~I:j EI'~e(g'r Cllof~~2 - ~i ` _:::- t~EPCUTRlC© Cher es E~el~ted to ~~9~r~~~~ RLLC~C~T1C3t~Cost ~ 1~QQq 1'Ylaran3 ~LLUC,~.TIUt~L,~T r~.EPCU i~1ETER - ~~^4r ~t~ Qt.~ ~Efii~U Af`JC[LL,~R's' ~ER~1CE t~la_ ~ R~,TE - ~k~~f-n~a y. _. Wf T~2 , r~EPG~s Wdt;ILL.~R'f ~ER~~t1r;E t1o_ ~ F~.~TE - ~~k~3-rrra __ ~ _. ~3 at)0 ~EPCU CCHEDULItdG r~.h1D ~:CCUU~i1T1t1,D CH,~.RCE - Soma X231 TRIC4 F~IETERIPIG CUP~IE:1UhdIC%~TlUhl CH~.R~E - W -~ t ~~ -~ _ ~ ~e_,. ~~ r~~~ ~~a~G° ' ~ "tom '. w~,. ,.-~t 1> - " Charges frcxrr~ 4'~es~ern to ~~ar~na ~Z 0~'a~er [~~ ~ar€~ne~tt [elated P~iar~s~~ ~iLLC~CATi~3~~ 1 17L0 Tvlarana ~LLUC~.TIUtJ CRUD - 1.~~C~ k~~~~ _...... ~1 =l~ 1'ytarana xLLUC.~eTIUI~J CRUD R.~TE - ~tk~~-rr~c W ~ __. ~r ~:_ 1~tarana .~LL~~=.~~TI~~i'1 CRUD CH~±R~~E 1-3~J~ -_._ . ~ ~ W F`D FRd Resource L~emard ~'1_t~8 k`k~estern Farl;er C~aY~is ~~".~~sten-~ Transmission Rate - ~~'I~L1'-rra ~" r?~~ar its ~'D fed F:e~orir~e Tfan~~~~~si„r~ r~har~e ._.._- E. ~~i~.~1Q0 Fvlarana ~~LLUC.~TIUt~J EPIERU`f - 4~~~gh ~Ci_r~d7~ fvlarana r^rLLUC~`,TIUP~I Et~dER~'y Rr~tTE ~,k~~'~~h F ~ ti ~~~=r2 to _ f'ul~rene .= LL+v5=:1,~,TIt=;kCJ EI1ERUl' t~H,~.RGE - Y= +J.°§.~ ~~ I u...... -: -, pv' (~[:~~' , aL [ 1 '#_, i `._~€-~€ , , '_ , '.~ JAL `CST ~ 1; - - Fu~arer~a mater ~e artcngnt Bill Credit Cs~st ~ _ Cast B -Cast C ~~ 't,~~r~r+a L~t~teE Q~ep~~4n~ent ~~rir~gs after ~ast~rn Charges 14 sisi2oos ~--+ U C6 i 0 U -~ L U 00 ~o o ~ o ~ N ~ N ~U ~ ~ ~ ~ ~ O ~ U Q ~ ~ c~ ~ ~ ~ o ~~ 0 ~o ~ ~^ o ~ ~~ ~ a~ ~ a~~~ ~~ ~~~ ~ ~ L ~~~ ~~ ~~~ ~ ~ c~ ~ ~ O ja. ~~ O V o ~~}' 000 ~~ ~ NQ Q O (~ L~ NLL ~ ~~ N ~~ O~U 00~ U N ~~O .L~-~ i O~ ~ ~ ~ ~ ~ ~ V ~ ~ ~ L U ~ O N ~ ~ N ~~~ ~o~LL O OHO ~ QOM ~NpO U.~~ V ~~~~ ti ~~~ o~~~ c~~ :... ~ N~V~ 000 .~: ~ c~iv°~ v~o ~ t6 (~~ L.'"'N =~ :..z Q~ ~0~~ ~ ~ ~UOV OHO Q~ Qc~-?~ ~Oo O N '~ O ,N -'-' O.~ ~~ I-QO ^ ^ a~ .~-~ a~ c~ ~ ~ 0 ~ o -° ~U ~ o ~'~ U O ~ O a, ~ Q , L~-+ O ~ N O W .~ ~ ~ O (~ NN~~ ~ Q a~ a~ ~ }' C6~.>N (~ O Q> ~00~ ~~.~ «s ~~~~ ~'Q'~>~ ~ ~ ~.~ ~~ •- +~ +~ _ O ~0~~ ~~~~ ~oUQ ~ ~ o' o ~ ~ LJ.J ~ ~.~QU ^ ^ '~ -+-~ ~ U p ~~~~- ~ ~ .~~~Op~ 0 ~ - - to ~ v~~~w~ ~ ~O>~°~ ~ ~ C6'- ~ '~. 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TOWN OF MARANA "~~` ' MEETING q r~a,a,arva INFORMATION gkitUNP MEETING DATE: August 12 2008 AGENDA ITEM: K. 1 TO: MAYOR AND COUNCIL FROM: Jocelyn C. Bronson, Town Clerk SUBJECT: Resolution No. 2008-109: Relating to Boards, Commissions and Committees; approving and authorizing appointments to the Citizen Advisory Commissions DISCUSSION The following are vacancies on the Citizen Advisory Commissions (CAC): Affordable Housing CAC -two alternates** Board of Adjustment -one seat and two alternates Business & Economic Development CAC -three seats and two alternates Local Public Safety Retirement System Board -one seat and two alternates Parks & Recreation CAC -two alternates Police CAC -seven seats and two alternates Utilities CAC -two seats and two alternates **The appointment of two alternate members to each CAC was approved by Council on July 1, 2008, Ordinance No. 2008.15. ATTACHMENTS Matrix of current applicants/vacancies on citizen advisory commissions; application of Kate Lawson for the Business and Economic Development CAC (Council only). RECOMMENDATION. Mayor and Council's pleasure. SUGGESTED MOTION (1) I move to approve Resolution No. 2008-109, authorizing the appointments of , ,and to the Police Citizen JCB/08/07/2008/11:24 AM Advisory Commission with terms to expire August 31, 2010; the appointments of and to the Business and Economic Development Commission with terms to expire ;and the appointment of ,and to the Utilities Citizen Advisory Commission .with .terms to expire (2) I move to approve Resolution No. 2008-109, authorizing the appointments of , ,and to the Police Citizen Advisory Commission with terms to expire August 31, 2010; the appointments of and to the Business .and Economic Development Commission with terms to expire ;and the appointment of ,and to the Utilities Citizen Advisory Commission. with terms to expire ;and further authorize the appointments of as alternates to the Police CAC; as alternate to the Affordable Housing CAC and to the Board of Adjustment. -2- MARANA RESOLUTION N0.2008-109 RELATING TO BOARDS, COMMISSIONS AND. COMMITTEES; APPROVING AND AUTHORIZING APPOINTMENTS TO THE CITIZEN ADVISORY COMMISSIONS. WHEREAS, various Citizen Advisory Commissions have been created by the Town Council to meet and advise the Town Council on concerns relating to those commissions within the Town; and WHEREAS, the Town Council .desires to fill seats on the citizen advisory commissions as they become vacant or expire. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, THAT be appointed to the Police Citizen Advisory Commission with terms of office to expire in August of 2010; and THAT be appointed to the Business and Economic Development Citizen Advisory Commission with terms of office to expire in February of 2011; and THAT be appointed to the Utilities Citizen Advisory Commission with terms of office to expire in March of 2011. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 12th day of August, 2008. Mayor ED HONEA ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney MARANA RESOLUTION N0.2008-109 RELATING TO BOARDS, COMMISSIONS AND COMMITTEES; APPROVING AND AUTHORIZING APPOINTMENTS TO THE CITIZEN ADVISORY COMMISSIONS. WHEREAS, various Citizen Advisory Commissions have been created by the Town Council to meet and advise the Town Council on concerns relating to those commissions within the Town; and WHEREAS, the Town Council desires to fill seats on the citizen advisory commissions as they become vacant or expire. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, THAT be appointed to the Police Citizen Advisory Commission with terms of office to expire in August of 2010; and THAT be appointed to the Business and Economic Development Citizen Advisory Commission with terms of office to expire in February of 2011; and THAT be appointed to the Utilities Citizen Advisory Commission with .terms of office to expire in March of 2011. BE IT FURTHER RESOLVED THAT be appointed as an alternative to the Police Citizen Advisory Commission; and THAT be appointed as an alternative to the Business and Economic Development Citizen Advisory Commission PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 12th day of August, 2008. Mayor ED HONEA ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney c U Q Q Q c ~ O ~ N O N N N U L ~ Q .> Q C N N U I f , I I I I I ! i ~ ~ I ~I ' I '• .-, ~ ~I a~ ~ I ~' ' I ~ I j I I I n c 'c I ~i i i I I i I i ~ 3 I I I o I ~ I I I i ~ ~I `Oi I N ~ ~ I ~ I I I I I ~ ~ ~ ~' ~ o. I I I rnl c I I I i I I I ~ I I I ~ ~ I j~ m~ ~ CI C ~ I I I it i j °~ ~~ Vl 7 W 3 3 ~I ~ 3 1 ' 31 3 1 i 3 I t 3 3 C ' i i N. L I L ' 3 I 3 3 3 ~ 3 C ~ Ni L I L 3 3 I I I ~ 1 ++ N N ~ C C ~ N C O~ NI Cj CI~, N C N~ C ~ N: I C'; N C ~ N C U N C N C N C ~ N, Ci ~; U O C N, Cj N C ~ d I i -+-- ~ j , , ~ I i ~ I i I ~ i - CI I --~ ~ I ~ I II I ~ r-- - I - N d I N N N q N A fn ', N N; A O U N N O i ! ICI ' OI k O N O ~ N it U N N N k ~ O i ~~;. 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