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Home My WebLink About01/05/2010 Council Agenda Packett~"'~' ""'t"~, ~~ ~~ tirro~es a.: w~~su REGULAR COUNCIL MEETING NOTICE AND AGENDA 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, January 5, 2010, at or after 7:00 PM Ed Honea, Mayor Herb Kai, Vice Mayor Russell Clanagan, Council Member Patti Comerford, Council Member Carol McGorray, Council Member Jon Post, Council Member Roxanne Ziegler, Council Member 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 payers and cell phones. Meeting Times 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. Speaking at Meetings 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. Accessibility 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 Regular Council Meeting -January 5, 2010 -Page 1 of 108 special services are available upon prior request to the Town Clerk at least 10 working days prior to the Council meeting. Agendas 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 Monday, January 04, 2010, 7:00 PM, at the Marana Municipal Complex, the Marana Operations Center and at www,marana.com under Town Clerk, Agendas, Minutes and Ordinances. REGULAR COUNCIL MEETING CALL TO ORDER AND ROLL CALL PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE APPROVAL OF AGENDA 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. PRESENTATIONS ANNOUNCEMENTS/UPDATES PROCLAMATIONS MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS STAFF REPORTS GENERAL ORDER OF BUSINESS 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 Regular Council Meeting -January 5, 2010 -Page 2 of 108 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. C 1: Ordinance No. 2010.01: Relating to Code Compliance; amending Title 1 of the Marana Town Code to define "code compliance officer"; establishing the authority of code compliance officers; adding Chapter 1-9 entitled "Code Compliance"; and providing an effective date (Jane Fairall) C 2: Ordinance No. 2010.02: Relating to Municipal Court; amending Town Code Chapter 5-7 entitled "Civil Town Code Violations"; modifying procedures for commencement of action for civil violations of the Town Code; modifying procedures for service of civil code complaints; modifying provisions regarding civil sanctions for civil code violations; making certain other clarifications regarding judges who may hear appeals and order abatement in civil code violation cases; and providing an effective date Resolution No. 2010-01: Relating to Municipal Court; declaring the amendments to the Marana Town Code Chapter 5-7 entitled "Civil Town Code Violations", modifying procedures for commencement of action for civil violations of the town code, modifying procedures for service of civil code complaints, modifying provisions regarding civil sanctions for civil code violations, and making certain other clarifications regarding judges who may hear appeals and order abatement in civil code violation as a public record filed with the Town Clerk (Jane Fairall) C 3: Resolution No. 2010-02: Relating to Personnel; approving and adopting amendments to the Town's Personnel Policies and Procedures; revising Chapter 4 - Employment Benefits; and declaring an emergency (Suzanne Machain) C 4: Resolution No. 2010-03: Relating to Parks and Recreation; naming the new district park located near Silverbell and Cortaro Roads (Tom Ellis) C 5: Resolution No. 2010-04: Relating to Health and Sanitation; authorizing the Mayor to sign a Memorandum of Understanding concerning cooperation and coordination in Invasive Species Management in Southeast Arizona, with various agencies and entities (Keith Brann) C 6: Resolution No. 2010-05: Relating to Utilities; authorizing the Town Manager or the Town Manager's designee to take all actions on behalf of the Town that are necessary or prudent to facilitate the provision of public utilities to the airport sewer lift station and septic system and to buildings and sites located on the grounds of the Marana Regional Airport, including without limitation the execution of an electrical right-of--way easement across the Marana Regional Airport to provide electrical service to the airport sewer lift station (Barbara Johnson) C 7: Resolution No. 2010-06: Relating to Bingo Licenses; recommendation to the State Department of Revenue regarding a Class A bingo license application submitted by Aileen Fundingsland on behalf of Heritage Highlands, located at 4949 W. Heritage Club Boulevard (Jocelyn C. Bronson) C 8: Minutes of the December 15, 2009 regular council meeting Regular Council Meeting -January 5, 2010 -Page 3 of 108 COUNCIL ACTION A 1: PUBLIC HEARING: Ordinance No. 2010.03: Relating to Utilities; amending the Town of Marana comprehensive fee schedule by adopting a groundwater resource/acquisition fee and revising the water base fees and consumption rates effective February 5, 2010, and by revising the groundwater resource/acquisition fee and further revising the water base fees and consumption rates effective February 5, 2011 (Dorothy O'Brien) A 2: Resolution No. 2010-07: Relating to Intergovernmental Relations; authorizing the Mayor to execute an intergovernmental agreement with Northwest Fire District and Marana Unified School District No. 6 for development review and inspection, facility use and general cooperation (Josh Wright) BOARDS, COMMISSIONS AND COMMITTEES ITEMS FOR DISCUSSION/POSSIBLE ACTION D 1: Legislative Issues: Discussion/Direction/Action regarding all pending bills before the Legislature (Steve Huffman) EXECUTIVE SESSIONS E 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. E 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 possible acquisition of certain water infrastructure and accounts and water rights and/or resources E 3: 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 (1) the lawsuit entitled Town of Marana v. Pima Counry/Pima County v. Marana (consolidated), Maricopa County Superior Court No. CV2008-001131, (2) pending legal issues, settlement discussions and contract negotiations relating to the transition of Marana wastewater collection and treatment to the Town of Marana E 4: 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 property generally identified as Pima County Assessor's parcel number 226-08-1030 and to instruct the Town's attorneys in settlement negotiations and condemnation proceedings relating to the same property rights 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, Regular Council Meeting -January 5, 2010 -Page 4 of 108 Title 2, Chapter 2-4, Section 2-4-2 B) ADJOURNMENT Regular Council Meeting -January 5, 2010 -Page 5 of 108 ~~~ ~~~, 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, January 5, 2010, 7:00:00 PM To: Mayor and Council Item C 1 From: Jane Fairall ,Deputy Town Attorney Strategic Plan Focus Area: Progress and Innovation Subject: Ordinance No. 2010.01: Relating to Code Compliance; amending Title 1 of the Marana Town Code to define "code compliance officer"; establishing the authority of code compliance officers; adding Chapter 1-9 entitled "Code Compliance"; and providing an effective date Discussion: This item was presented to the Council on December 15, 2009 for discussion and feedback. Originally, the ordinance included a statement that the position of code compliance officer was "created and established." However, because the town is not creating a new position and the ordinance will apply to those town employees who are already designated to administer and enforce provisions of the code, that statement has been removed from the ordinance that is presented tonight for adoption. The Town Council is authorized by A.R.S. § 9-240 (B) (28) to establish town ordinances, to enforce the observance of town ordinances, to punish violations of town ordinances and to classify town ordinances as criminal or civil offenses. As part of this authority, the Council established Chapter 5-7 of the Town Code, entitled "Civil Town Code Violations." Proposed revisions to that chapter are on tonight's agenda as a separate item. In addition, various employees of the town are charged with enforcing provisions of the town code, the land development code and other town codes and ordinances, including zoning code compliance officers, right-of--way inspectors and building inspectors. The proposed ordinance will add a new chapter to Title 1 of the Town Code, formally defining code compliance officers as those employees designated to administer and enforce any provisions of the town code, land development code or any other town ordinance, regardless of the employee's position title. The proposed ordinance also formally establishes the authority of the code compliance officers, specifically including the authority to issue uniform civil code complaints (citations) as described in Chapter 5-7 of the code. The ordinance further specifies that code compliance officer may not issue citations for violations that are classified as criminal offenses. Financial Impact: Regular Council Meeting -January 5, 2010 -Page 6 of 108 None. No new positions will be created nor any new employees hired at this time. ATTACHMENTS: Name: Description: Type: O Addition to Title 1, Chapter 1-9 Enforcement Ordinance Ordinance (00018249-4). DOC Staff Recommendation: Staff recommends approval of the amendments to Title 1 of the Town Code. Suggested Motion: I move to adopt Ordinance No. 2010.01, amending Title 1 of the Marana Town Code to define "code compliance officer"; establishing the authority of code compliance officers; adding Chapter 1-9 entitled "Code Compliance"; and providing an effective date. Regular Council Meeting -January 5, 2010 -Page 7 of 108 MARANA ORDINANCE N0.2010.01 RELATING TO CODE COMPLIANCE; AMENDING TITLE 1 OF THE MARANA TOWN CODE TO DEFINE "CODE COMPLIANCE OFFICER"; ESTABLISHING THE AUTHORITY OF CODE COMPLIANCE OFFICERS; ADDING CHAPTER 1-9 ENTITLED "CODE COMPLIANCE"; AND PROVIDING AN EFFECTNE DATE WHEREAS the Town Council is authorized by A.R.S. § 9-240 (B) (28) to establish town ordinances, to enforce the observance of town ordinances, to punish violations of town ordi- nances and to classify town ordinances as criminal or civil offenses; and WHEREAS the Town Council finds that the provisions established by this ordinance are necessary for the public health, safety and general welfare of the Town of Marana. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, as follows: SECTION 1. Title 1 of the Marana Town Code is hereby revised by adding new Chap- ter 1-9, as follows: Chapter 1-9 CODE COMPLIANCE Section 1-9-1 Definition "Code compliance officer" means any employee designated and authorized by the town manager to administer and enforce any provision of the town code, the land development code or any other town ordinance, or any duly authorized agent or designee of that employee, regardless of the employee's position title. Section 1-9-2 Authority of code compliance officers Code compliance officers are granted the authority expressly and impliedly nec- essary for the administration and enforcement of those areas of the town code, the land development code or any other town ordinance that the code compli- ance officer is responsible for. This authority includes, but is not limited to, au- thorization to issue uniform civil code complaints, as described in chapter 5-7 of this code, for any violations of the town code, the land development code or any town ordinance that are classified as civil offenses. Code compliance officers may not issue citations for violations that are classified as criminal offenses. SECTION 2. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are repealed as of the effective date of this ordinance. Reguly~~~@~O~~ary 5, 2010 -Page 8 of 108 _ 1 - {00018249.DOC / 4} SECTION 3. If any section, subsection, sentence, clause, phrase or portion of this ordi- nance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, the decision shall not affect the validity of the remaining portions of this ordinance. tion. SECTION 4. This ordinance shall become effective on the thirty-first day after its adop- PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this S`h day of January, 2010. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Regulq~~~~~@~O~Nary 5, 2010 -Page 9 of 108 _ 2 _ {00018249.DOC / 4} ~~ ~~ ~~ ~~ ~~.d ~~~. 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, January 5, 2010, 7:00:00 PM To: Mayor and Council Item C 2 From: Jane Fairall ,Deputy Town Attorney Strategic Plan Focus Area: Progress and Innovation Subject: Ordinance No. 2010.02: Relating to Municipal Court; amending Town Code Chapter 5-7 entitled "Civil Town Code Violations";modifying procedures for commencement of action for civil violations of the Town Code; modifying procedures for service of civil code complaints; modifying provisions regarding civil sanctions for civil code violations; making certain other clarifications regarding judges who may hear appeals and order abatement in civil code violation cases; and providing an effective date Resolution No. 2010-01: Relating to Municipal Court; declaring the amendments to the Marana Town Code Chapter 5-7 entitled "Civil Town Code Violations", modifying procedures for commencement of action for civil violations of the town code, modifying procedures for service of civil code complaints, modifying provisions regarding civil sanctions for civil code violations, and making certain other clarifications regarding judges who may hear appeals and order abatement in civil code violation as a public record filed with the Town Clerk Discussion: This item was presented to Council on December 15, 2009 for discussion and feedback. No substantive changes to the proposed code amendments have been made since its original presentation. It is presented tonight for adoption. In 2006, the Council adopted Ordinance No. 2006.13, creating a new chapter in the Town Code, Chapter 5-7 entitled "Civil Town Code Violations." The ordinance established procedures to hear and determine civil town code violations in Marana Municipal Court pursuant to the civil enforcement process enabling authority found in A.R.S. § 9-500.21. After three years of experience with the procedures established in Chapter 5-7, the following revisions are proposed to make the process more efficient and effective. The proposed revisions will: 1. Allow charges to be brought via a long form civil town code complaint issued by the town attorney or designee. Currently, the code only provides for these actions to be commenced via issuance of a citation by a peace officer or duly authorized agent of the town. 2. Set out the required contents of the long form civil code complaint and provide that the town Regular Council Meeting -January 5, 2010 -Page 10 of 708 attorney or designee must swear to the contents of the complaint under oath and sign it in front of the magistrate. 3. Clarify that the provisions of Chapter 5-7 apply not only to civil violations of the town code, but also violations of the land development code (LDC) and any other town ordinances that may not be codified. 4. Provide that civil sanctions for violations shall not exceed $1,000, unless another penalty is designated elsewhere within the code, the land development code, a town ordinance or state law. Currently, Chapter 5-7 only allows for the $1,000 maximum fine; however, other provisions of the town's codes allow for higher fines. 5. Eliminate unnecessary and inaccurate references to the types of judges that may hear appeals and order abatement of civil code violations. 6. Provide that if service of the complaint upon the violator cannot be accomplished by personal service or other means authorized by the Rules of Civil Procedure, service may be accomplished by mail. 7. Replace references to "duly authorized agent" of the town with "code compliance officer" and cross-reference the newly created Chapter 1-9 (proposed as a separate item on tonight's agenda). Financial Impact: None. ATTACHMENTS: Name: Description: O Amendments to Civil Enforcement Ordinance (00013249 9),_D...OG ^ Reso declaring. changes to Ch. 5-7_pub6c record (00018734). DOC O Exh. A to Reso 2010-01- changes_to Ch._5-7 of TC .(00018735). DOG. ordinance No. 2010.02 Resolution No. 2010-01 Exhibit A to Reso. No. 2010-01 Staff Recommendation: Type: Ordinance Resolution Exhibit Staff recommends approval of the amendments to Chapter 5-7 of the Town Code. Suggested Motion: I move to adopt Ordinance No. 2010.02, amending Town Code Chapter 5-7 entitled "Civil Town Code Violations" and Resolution No. 2010-01, declaring the amendments to the Marana Town Code Chapter 5-7 a public record. Regular Council Meeting -January 5, 2010 -Page 11 of 108 MARANA ORDINANCE N0.2010.02 RELATING TO MUNICIPAL COURT; AMENDING TOWN CODE CHAPTER 5-7 ENTITLED "CIVIL TOWN CODE VIOLATIONS"; MODIFYING PROCEDURES FOR COMMENCEMENT OF ACTION FOR CIVIL VIOLATIONS OF THE TOWN CODE; MODIFYING PROCEDURES FOR SERVICE OF CIVIL CODE COMPLAINTS; MODIFYING PROVISIONS REGARDING CNIL SANCTIONS FOR CIVIL CODE VIOLATIONS; MAKING CERTAIN OTHER CLARIFICATIONS REGARDING JUDGES WHO MAY HEAR APPEALS AND ORDER ABATEMENT IN CIVIL CODE VIOLATION CASES; AND PROVIDING AN EFFECTIVE DATE WHEREAS the Town is authorized by A.R.S. § 9-500.21 to establish procedures to hear and determine town ordinance violations as civil offenses; and WHEREAS the Town Council finds that the procedures established by this ordinance are necessary for the public health, safety and general welfare of the Town of Marana. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, as follows: SECTION 1. The amendments to the Marana Town Code Chapter 5-7 entitled "Civil Town Code Violations", three copies of which are on file in the office of the Town Clerk of the Town of Marana, Arizona, which were made a public record by and attached as Exhibit A to Resolution No. 2010-01 of the Town of Marana, Arizona, are hereby referred to, adopted and made a part of this Ordinance as if fully set out here. SECTION 2. The following penalty clauses are contained in Marana Town Code Chapter 5-7, as amended pursuant to this Ordinance: Section 5-7-4 Authority to detain persons to serve civil code complaint; failure to provide evidence of identity; penalty A. A peace officer or a code compliance officer may stop and detain a person as is reasonably necessary to investigate an actual or suspected violation of the town code, the land development code or a town ordinance and to serve a copy of a civil code complaint. B. A person who fails or refuses to provide evidence of his or her identity to a peace officer or a code compliance officer upon request, when the officer has reasonable cause to believe the person has committed a violation of the town code, the land development code or a town ordinance, is guilty of a class 1 misdemeanor and upon conviction shall be punished by a fine not to exceed $2,500 or by imprisonment for a period not to exceed 6 months, or by both such fine and imprisonment. Regulq~~,~y~ip~Ol.~ary 5, 2010 -Page 12 of 108 _ 1 _ {00013249.DOC / 9} Section 5-7-8 Admission or denial of allegations in complaint; hearings; findings of court; civil sanction; order to abate [Paragraphs A through E do not include any penalty clauses] F. A civil sanction imposed pursuant to this chapter shall not exceed $1,000, unless otherwise designated in this code, the land development code, a town ordinance or under state law. G. Each day that a violation continues shall be considered a separate offense. H. In addition to civil sanctions, upon finding that a violation exists, the court shall order the person to perform whatever action is reasonably necessary to correct and abate the violation. An order to abate shall remain in effect for one year. When issuing an order to abate, the court shall advise a violator that additional fines will be imposed for failure to abate a violation and that the town may bring criminal charges for failure to obey the order to abate. Section 5-7-12 Failure to obey order to abate violation; penalty Any person who fails to obey an order to abate a violation issued by a magistrate is guilty of a class 1 misdemeanor. A violation of this section is punishable by up to a maximum six months in jail and by a maximum fine of $2,500; and by probation up to three years. SECTION 3. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are repealed as of the effective date of this ordinance. SECTION 4. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, the decision shall not affect the validity of the remaining portions of this ordinance. SECTION 5. This ordinance shall become effective on the thirty-first day a$er its adoption. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 5~' day of January, 2010. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Regulq~~~~~~~i~~Ql.~aary 5, 2010 -Page 13 of 108 _ 2 _ {00013249.DOC / 9} MARANA RESOLUTION N0.2010-01 RELATING TO MUNICII'AL COURT; DECLARING THE AMENDMENTS TO THE MARANA TOWN CODE CHAPTER 5-7 ENTITLED "CNIL TOWN CODE VIOLATIONS", MODIFYING PROCEDURES FOR COMMENCEMENT OF ACTION FOR CNIL VIOLATIONS OF THE TOWN CODE, MODIFYING PROCEDURES FOR SERVICE OF CNIL CODE COMPLAINTS, MODIFYING PROVISIONS REGARDING CIVIL SANCTIONS FOR CIVIL CODE VIOLATIONS, AND MAKING CERTAIN OTHER CLARIFICATIONS REGARDING JUDGES WHO MAY HEAR APPEALS AND ORDER ABATEMENT IN CIVIL CODE VIOLATION AS A PUBLIC RECORD FILED WITH THE TOWN CLERK BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that the amendments to the Marana Town Code Chapter 5-7 entitled "Civil Town Code Violations", 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, are hereby declared to be a public record and ordered to remain on file with the Town Clerk. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 5th day of January, 2010. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regul~6~~i~!$~tir~ -January 5, 2010 -Page 14 of 108 EXHIBIT A TO MARANA RESOL UTION NO. 2010-01 Amendments to the Marana Town Code Chapter S-7 "Civil Town Code Violations " pursuant to Marana Ordinance No. 2010.02 Chapter 5-7 of the Marana Town Code shall be amended as follows with added text shown with double underlining and deletions shown with Jtr~l~e-~~t~: CHAPTER 5-7 CIVIL TOWN CODE VIOLATIONS Section 5-7-1 Town code violations treated as civil matters Violations of the town code, the land development code or a town ordinance for which a civil sanction is imposed shall be treated as civil matters as provided in this chapter. Section 5-7-2 Commencement of action; jurisdiction of Marana municipal court A. A civil code violation case is commenced by issuance of a uniform civil code complaint r a Iona form civil code complain as provided in this chapter. A civil code violation case shall be commenced within one year of the alleged violation. . Anv peace officer or code compliance officer. as defined in chanter 1-9 of this ode. may issue a uniform civil code complaint pursuant to this chapter. ernatively. the town attorney or designee may file a Iona form civil code taint with the Marana municipal court. Upon receipt of the Iona form civi e complaint. the Marana municipal court shall issue a summons. ~~ The Marana municipal court shall have jurisdiction over all civil violations of the town code. the land development code or other town ordinances. Section 5-7-3 Service of uniform or long form civil code complaint A. A uniform civil code complaint may be served by delivering a copy of the uniform civil code complaint to the person charged with the violation or by any means authorized by the Arizona rules of civil procedure. B. The original uniform civil code complaint shall be filed in the Marana municipal court within five days after a-ssmplai+~t ~ is issued. he Iona form civil code complaint and summons may be served by delivering opv of the Iona form civil code complaint and summons to the perso charged with the violation or by any means authorized by the Arizona rules of civil procedure. D. If service cannot be accomplished by the methods set forth in this section, the orm civil code complaint or Iona form civil code complaint may be served by certified or reaistered mail. return receipt reaueeted. If service of either the unif rm civil code complaint or the Iona form civil code complaint is made by 'led or reaistered mail. the return receipt shall be prima facie evidence of service. Regular CoI1~1~ti~CJ~nuary 5, 2010 -Page 15 of 108 EXHIBIT A TO MARANA RESOL UTION NO. 2010-01 Amendments to the Marana Town Code Chapter 5-7 "Civil Town Code Violations "pursuant to Marana Ordinance No. 2010.02 Section 5-7-4 Authority to detain persons to serve civil code complaint; failure to provide evidence of identity; penalty A. A peace officer or a code compliance officer may stop and detain a person as is reasonably necessary to investigate an actual or suspected violation of the town code, the land development code or ~ town ordinance and to serve a copy of a civil code complaint. B. A person who fails or refuses to provide evidence of his or her identity to a peace officer or a_code compliance officer ~~ ~~~~ ~~ ~th„ri~e,~ ".o.,+ of +ho +,,..,., upon request, when the officer er-agent has reasonable cause to believe the person has committed a violation of the town code the land development code or a town ordinance, is guilty of a class 1 misdemeanor and upon conviction shall be punished by a fine not to exceed $2,500 or by imprisonment for a period not to exceed 6 months, or by both such fine and imprisonment. Section 5-7-5 Form for uniform and Iona form civil code complaints Q. The rm civil code complaint shall be in the form of the document marked "town of Marana uniform civil code complaint" reproduced in and made a part of this section by this referencea ;a that defer ;t~dgment will be to-~~&te tlae vielatier~w+l;-be im;~sed en a ear Tcats~ o~ adax.~vA ~i'42Ft?RAi GES7I:.CCtLtE Cct~rW~;r Tai A~i;:~c~~r., crn Te~~zaca'14tnxa~~ FOW?+t OF3kLiHA4~A FQS3 ~ ~. ~~: ~~~ ~~ 2EESFfFctiLE BU3 ~~ ~a _~ ~$ SAY YBYtBftA'tTAiSn 'fflfiF'FUAPPE.aE75: ~~~ ~S`Fffi HAY93` Z6 kT'YHE HALtOF _3.L~'. ¢7D1?ffiS RVEt797~RE AY{L{lCASVAti) ~i svaaa,Ax~rra, ~~~ ~~~~ a~sca<a7aCmRL: s' x aw, m ar~.u AY ca~aeYSD ~ rss a i GTR77rY rear a says CWBFLILYL~AD@at4LT.JU9G.iE6tT1flL1.ffi YA9$RE6 L~OtMa& 40IDLLIE4°E AIRi ACABA'SF #£.ASL'~fA1Fi A'IIZ~ DC ffif.ffiLfi YSAY 78C ?ER59fls :RA64B 1'i ALA~1:'vARi&~~IIGiPrYL,CctL}R1' x~rwmsxmAeaxswwEU.~zre rer.ca~asic+-r reecacn. 11.r~a55~.CI€TCGE~7E813Ri~'E I la~.s~xc m A3.atx.~:a~AZ 83+63 . The Iona form civil code complaint and summons shall be in a form determined by the town attorney or desianee and shall contain at a minimum he date and place of the alleoed violation.. a reference to the town code or and development code section or town ordinance provisions alleaed to have violated and the time. date and place for the defendant to appear. The uniform and Iona form civil code complaint shall contain notice that default ~u~igment will be entered and a civil sanction and order to abate the violation Regular Council ~l~~~i1~33,{~~ 5, 2010 -Page 16 of 108 2 EXHIBIT A TO MARANA RESOL UTION NO. 2010-O1 Amendments to the Marana Town Code Chapter 5-7 "Civil Town Code Violations "pursuant to Marana Ordinance No. 2010.02 wi I be imposed on a person who is cited and fails to appear as directed in the in . Section 5-7-6 €alse sCertification of uniform and Iona form civil code complaints A. A uniform civil code complaint need not be sworn to if it contains a form of certification by the issuing officer in substance as follows: "I hereby certify that I have reasonable grounds to believe and do believe that the person named in this complaint committed the civil violation described in this complaint." . The town attorney or designee shall swear to the contents of the Iona for civil cod complaint under oath and sign the complaint in the presence of the magistrate. ~,. A false certification under this section constitutes perjury. Section 5-7-8 Admission or denial of allegations in complaint; hearings; findings of court; civil sanction; order to abate A. A person named in a civil code complaint shall appear at the time and place stated in the complaint or may appear prior to the time if so authorized by the court and upon the directions contained in the complaint and admit or deny the allegations of the complaint. Allegations not denied at the time of appearance are admitted. No fee shall be charged for appearance in a civil code violation case. B. If the person named in a civil code complaint admits the allegations in the complaint, the court shall enter judgment for the town and impose a civil sanction. C. Allegations in a civil code complaint may be admitted with an explanation. When this occurs, the court shall enter judgment for the town and impose a civil sanction determined with the court's due consideration of the explanation submitted. D. If the person named in a civil code complaint denies the allegations of the complaint, the court shall set the matter for hearing. All civil code violation hearings are informal and without a jury, and the town is required to prove the violation by a preponderance of the evidence. Technical rules of evidence do not apply, except for statutory provisions relating to privileged communications. Aperson who elects to be represented by counsel shall notify the court of this fact at least ten days prior to the hearing date. Hearings may be recorded. If the court finds in favor of the person, the court shall enter an order dismissing the civil code violation case. If the court finds in favor of the town, the court shall enter judgment for the town and impose a civil sanction. E. If the person served with a civil code complaint fails to appear on or before the time directed to appear or at the time set for hearing by the court, the allegations in the complaint shall be deemed admitted and the court shall enter judgment for the town and impose a civil sanction. Regular Council ~~~i$~33,~~;y 5, 2010 -Page 17 of 108 3 EXHIBIT A TO MARANA RESOL UTION NO. 2010-01 Amendments to the Marana Town Code Chapter S-7 "Civil Town Code Violations "pursuant to Marana Ordinance No. 2010.02 F. A civil sanction imposed pursuant to this chapter shall not exceed $1,0001 ess otherwise desianated in this code. the land development code. a town ordinance or under state law. . Each day that a violation continues shall be considered a separate offense. 6H. In addition to civil sanctions, upon finding that a violation exists, the court shall order the person to pertorm whatever action is reasonably necessary to correct and abate the violation. An order to abate shall remain in effect for one year. When issuing an order to abate, the court shall advise a violator that additional fines will be imposed for failure to abate a violation and that the town may bring criminal charges for failure to obey the order to abate. Section 5-7-9 Appeal Any party may appeal the judgment of the court. The appeal may be to the superior court in the same manner as promulgated by the supreme court. The posting of an appeal bond stays enforcement of the judgment. Section 5-7-10 Subpoena of witnesses; inapplicability of rules of civil procedure A. The town and the person charged with a civil code violation may subpoena witnesses as provided by A.R.S. § 13-4072. Witnesses are not entitled to fees for appearing in connection with a civil code violation case. B. Except as otherwise provided in this chapter, the rules of civil procedure do not apply. Section 5-7-11 Failure to pay civil sanction; collection procedure All civil sanctions imposed pursuant to this chapter shall be paid within 30 days from entry of judgment, except that the court may extend the time for payment or provide for installment payments if the court finds that payment within. 30 days will impose an undue economic burden on the defendant. A civil sanction may be collected in the same manner as any other judgment in favor of the town. Section 5-7-12 Failure to obey order to abate violation; penalty Any person who fails to obey an order to abate a violation issued by a magistrat , is guilty of a class 1 misdemeanor. A violation of this section is punishable by up to a maximum six months in jail and by a maximum fine of $2,500; and by probation up to three years. Regular Council ~~~~ii3~3~.~~ 5, 2010 -Page 18 of 108 4 ~~~ ~~~~ a~ (ek1~'F tle.. wplaaaur, 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, January 5, 2010, 7:00:00 PM To: Mayor and Council Item C 3 From: Suzanne Machain ,Human Resources Director Strategic Plan Focus Area: Not Applicable Subject: Resolution No. 2010-02: Relating to Personnel; approving and adopting amendments to the Town's Personnel Policies and Procedures; revising Chapter 4 -Employment Benefits; and declaring an emergency Discussion: This item was considered by the Mayor and Council at the December 15, 2009 meeting at which time the council directed staff to return with amendments as proposed to Chapter 4 -Employment Benefits. These amendments were made to include a provision of the law that went into effect on October 28, 2009 which expanded Family and Medical Leave to military families in accordance with the National Defense Authorization Act of 2010. The law: 1. Expands qualifying exigency leave to employees with family members on call to duty for the regular Armed Forces. Previous law provided this type of leave for Guard and Reserves only. 2. Expands the military caregiver leave which will allow employees to take leave up to 26 weeks to care for a veteran who served within 5 years of the medical treatment. Previous law covered only current military members and not veterans. 3. Grants military caregiver leave for serious injury or illness that was preexisting but was aggravated by active duty. Additionally, staff recommended that certain provision of this same chapter (specifically sections 4-7-4 E; 4-9-4 B; and 4-10-2 D) be amended to include language that clarifies how time is measured when tracking employee leave time away from their job. Current policies state that employees are not permitted to be away from their position on either FMLA or Administrative Leave for medical purposes for more than 12 months in a 24-month period. Furthermore, employees may not use donated leave time if they have been unable to perform the full essential functions of their position for a period of time equivalent to 12 months in a 24-month period. The proposed amendments clarify that the 12- month time period will be tracked on an hourly basis equivalent to 2,080 hours for full-time employees. Part-time employees will be pro-rated. Regular Council Meeting -January 5, 2010 -Page 19 of 108 ATTACHMENTS: Name: Description: Type: ~ Reso Chap 4 amendments (00018613),_DOC Resolution Resolution SEX A_Revisons to Policy 4-7 FMLA (00018171).DOC Exhibit A Exhibit Staff Recommendation: Staff recommends adoption of the amendments to the Town's Personnel Policies and Procedures, revising Chapter 4 -Employment Benefits. Suggested Motion: I move to adopt Resolution No. 2010-02; approving and adopting amendments to the Town's personnel Policies and Procedures, revising Chapter 4 -Employment Benefits; and declaring an emergency. Regular Council Meeting -January 5, 2010 -Page 20 of 108 MARANA RESOLUTION N0.2010-02 RELATING TO PERSONNEL; APPROVING AND ADOPTING AMENDMENTS TO THE TOWN'S PERSONNEL POLICIES AND PROCEDURES, REVISING CHAPTER 4 - EMPLOYMENT BENEFITS; AND DECLARING AN EMERGENCY WHEREAS Section 3-3-3 of the Marana Town Code provides that the Town Council may adopt personnel rules, regulations and policies that follow the generally accepted principles of good personnel administration and which maybe modified or changed from time to time; and WHEREAS the Town Council adopted Personnel Policies and Procedures via Town of Ma- rana Ordinance 99.12 and Resolution 99-38 on May 18, 1999; and WHEREAS Ordinance 99.12 and Resolution 99-38 provide that the Town Council may amend and revise the Town's Personnel Policies and Procedures after any proposed amendments have been submitted to the Council for consideration at a previous Council meeting; and WHEREAS Town staff presented proposed amendments to the Town's Personnel Policies and Procedures at its December 15, 2009 meeting; and WHEREAS the Council finds that adoption of the amendments to the Town's Personnel Policies and Procedures is in the best interests of the Town and its employees. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, as follows: SECTION 1. Chapter 4 of the Town's Personnel Policies and Procedures, entitled "Em- ployment Benefits," is hereby amended as set forth on Exhibit A attached to this resolution. SECTION 2. The Town's manager and staffare hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, and objectives of the aforementioned amendments. 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 MA- RANA, ARIZONA, this St" day of January, 2010. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Regul~ilil~tee1BQp11;y~Fp~rpQ~~g}C21 of 108 Frank Cassidy, Town Attorney {00018613.DOC /} CHAPTER 4 (~~4~ANA EMPLOYMENT BENEFITS ~~/ FQl4'td <JP MARANA Policy 4-7 FAMILY AND MEDICAL LEAVE In accordance with the Family and Medical Leave Act (FMLA) of 1993 and the National Defense Authorization Acts (NDAA) of 2008 and 2010, the Town of Marana provides job-protected family and medical leaves of absence without pay to eligible employees who are temporarily unable to work due to an FMLA-qualifying reason. Section 4-7-1 Qualifying Reasons for FMLA Leave Eligible employees may qualify for FMLA leave for one or more of the following reasons. A. A serious health condition that renders the employee unable to perform the functions of the employee's job. B. The birth and care of a newborn child of the employee. C. The placement with the employee of a child for adoption or foster care. D. To care for the employee's spouse, child or parent with a serious health condition. E. To care for a covered servicemember of the Armed Forces with a serious injury or illness. F. Any qualifying exigency related to the active duty or call to active duty of a covered military member. Section 4-7-2 Definitions A. Covered military member. The employee's spouse, son, daughter or parent on active duty status or call to active duty status {°~'~'~ as either member of the reaular component of the Armed Forces or a member of the Reserve components of the Armed Forces or a retired member of the regular Armed Forces or Reserve. e~c-~er~ies: B. Covered servicemember. the emolovee's spouse. son. dauahter. parent or next of kin. s defined by federal reaulations. who is either of the followina: 1 Th° cmnlnvnn~e. cnnucc nnn Ar.~ ~nh#or nr+rnn4 nr n°v# of Lin nn rJ nfinnrl by f°i#nr~+l i f r ~ ~ current member of the Armed Forces, including a member of the National Guard or Reserves, , (~u~rrl nr D°c.°nine ~~ihn ic. nn #h° #cmnnrr+ni rlie~+hilifii rc#ir°rt li # who has a serious EXHIBIT A TO MARANA RESOLUTION 2010-02 {oootatn.DOC i} Regular Council Meeting -January 5, 2010 -Page 22 of 108 1 ~ CHAPTER 4 MA~Af~A EMPLOYMENT BENEFITS tOWN Of idkR?.P;R injury or illness ' er-~at+flg; or who is otherwise in outpatient status or ~ otherwise on the temporary disability retired list. " {~^,~~~~ memhnr uihn in .+ fnrmcr momhcr n++hc "rmor+ cnrncc A veteran who is undergoing medical treatment. recuperation or therapv for a serious 'niurv or illness and who was a member of the Armed Forces. including the National uard or Reserves. at any time during the period of five years preceding the date on which he veteran undergoes that medical treatment. recuperation or therapv. C. Health care provider. Health care providers who may provide certification of a serious health condition include: 1. Doctors of medicine or osteopathy authorized to practice medicine or surgery (as appropriate) by the state in which the doctor practices 2. Podiatrists, dentists, clinical psychologists, optometrists, and chiropractors (limited to treatment consisting of manual manipulation of the spine to correct a subluxation as demonstrated by X-ray to exist) authorized to practice in the state and performing within the scope of their practice under state law 3. Nurse practitioners, nurse-midwives, and clinical social workers authorized to practice under state law and pertorming within the scope of their practice as defined under state law 4. Christian Science practitioners listed with the First Church of Christ, Scientist in Boston, Massachusetts 5. Any health care provider recognized by the Town or the Town's group health plan's benefits manager 6. A health care provider listed above who practices in a country other than the United States and who is authorized to practice under the laws of that country D. Serious. health condition. An illness, injury, impairment, or physical or mental condition that involves any of the following: 1. Any period of incapacity or treatment connected with inpatient care (i.e., an overnight stay) in a hospital, hospice, or residential medical care facility EXHIBIT A TO MARANA RESOLUTION 2010-02 {oootst~t.voc ~} Regular Council Meeting -January 5, 2010 -Page 23 of 108 2 ~"~,, CHAPTER 4 ,~ I~AR,41~ EMPLOYMENT BENEFITS ~~` ~ ` 1 ~ TIIYSht QF MARANR 2. A period of incapacity requiring absence of more than three calendar days from work, school, or other regular daily activities that also involves continuing treatment by (or under the supervision of) a health care provider 3. Any period of incapacity due to pregnancy, or for prenatal care 4. Any period of incapacity (or treatment therefore) due to a chronic serious health condition (e.g., asthma, diabetes, epilepsy, etc.) 5. A period of incapacity that is permanent or long-term due to a condition for which treatment may not be effective (e.g., Alzheimer's, stroke, terminal diseases, etc.) 6. Any absences to receive multiple treatments (including any period of recovery therefrom) by, or on referral by, a health care provider for a condition that likely would result in incapacity of more than three consecutive days if left untreated (e.g., chemotherapy, physical therapy, dialysis, etc.) E. Serious iniurv or illness. n iniurv or illness incurred by a member of the Armed Forces. including a member of the N Tonal Guard or Reserves. in the line of duty on active duty in the Armed Forces or an iniurv or illness that existed before the beainnina of the member's active utv and was aaaravated by service in the line of duty on active duty in the Armed rces and that may render the member medically unfit to perform the duties of the er's office. grade. rank or rating. A aualifvina iniurv or illness. as defined by the Secretary of Labor. incurred by eran in the line of duty on active duty in the Armed Forces or an iniurv or illness hat existed before the beainnina of the member's active duty and was aaaravated by service in the line of duty on active duty in the Armed Forces and that manifested itself before or after the member became a veteran eteran. A person who served in the active military. naval. or air service. and who was ischaraed or released from the service under conditions other than dishonorable. Section 4-7-3 Eligibility A. An "eligible employee" under the FMLA is an employee who has: Worked for the Town for at least 12 months; and 2. Worked at least 1,250 hours during the 12-month period immediately preceding the commencement of the FMLA leave. EXHIBIT A TO MARANA RESOLUTION 2010-02 {oooisi~i.noci} Regular Council Meeting -January 5, 2010 -Page 24 of 108 3 ,,,~,^ CHAPTER 4 ~- IA,6~AI~/~ EMPLOYMENT BENEFITS ~~~%~\ TOWPd ~F ttAItANA B. The 12 months an employee must have been employed by the Town. need not be consecutive months. If an employee is maintained on the payroll for any part of a week, including any periods of paid or unpaid leave (sick, vacation) during which other benefits or compensation are provided by the Town (e.g., workers' compensation, group health plan benefits, etc.), the week counts as a week of employment. For purposes of determining whether intermittent/occasionaUcasual employment qualifies as "at least 12 months," 52 weeks is deemed to be equal to 12 months. C. Whether an employee has worked the minimum 1,250 hours is determined according to the principles established under the Fair Labor Standards Act (ELBA) for determining compensable hours of work. Section 4-7-4 Leave Entitlement A. Eligible employees, other than employees qualifying for leave to care for a covered servicemember with a serious injury or illness, shall be granted up to a total of 12 weeks of unpaid FMLA leave within any 12-month period. B. Eligible employees qualifying for leave to care for a covered servicemember with a serious injury or illness shall be granted up to a total of 26 weeks of leave during a single 12-month period. C. Married employee couples may be restricted to a combined total of 12 weeks unpaid FMLA leave within any 12-month period for childbirth, adoption or placement of a foster child, or to care for a parent with a serious health condition. D. Married employee couples may be restricted to a combined total of 26 weeks unpaid FMLA leave within a single 12-month period to care for a covered servicemember with a serious injury or illness. E. If the FMLA leave period is insufficient and the employee is unable to fully perform the essential functions of his or her position at the conclusion of the FMLA leave period, the employee may request administrative leave pursuant to Policy 4-9. The Town may require updated medical certifications to support the need for the additional leave. However, in no case shall the employee be unable to perform the full essential functions of their regular position for greater than 12 months in a 24-month period. For nurnoses of trackina leave time 12 months will be measured based on 2080 hours for full-time emolovees and nro-rated for part-time emplovees. If the employee is unable to return after this time, the Town may initiate separation of employment. EXHIBIT A TO MARANA RESOLUTION 2010-02 {oootstn.noc i} Regular Council Meeting -January 5, 2010 -Page 25 of 108 4 CHAPTER 4 MAf~~~A EMPLOYMENT BENEFITS ~~w T3b~fPd QF 3dARA.UFi Section 4-7-5 Qualifying Exigency Leave under the NDAA An eligible employee who has a spouse, son, daughter or parent who is a covered military member may take up to 12 weeks unpaid FMLA leave for one or more of the following qualifying exigencies as defined by federal regulations. A. Short-notice deployment B. Military events and related activities C. Childcare and school activities D. Financial and legal arrangements E. Counseling F. Rest and recuperation G. Post-deployment activities H. Additional activities or events arising out of the covered military member's active duty or call to active duty status provided that the Town and the eligible employee agree that the leave qualifies as an exigency and agree to both the timing and duration of the leave. Section 4-7-6 How FMLA Leave is Measured A. Except for leave to care for a covered servicemember with a serious injury or illness, the Town uses a rolling 12-month period to calculate FMLA eligibility. Each time an employee uses FMLA leave, the remaining leave entitlement is the balance of the 12 weeks that has not been used during the immediately preceding 12 months. B. For leave to care for a covered servicemember with a serious injury or illness, the "single 12-month period" begins on the first day the eligible employee takes FMLA leave to care for the covered servicemember and ends 12 months after that date. Section 4-7-7 Use of Accumulated Leave Employees shall be required to use any accumulated paid leave time (sick, vacation, personal and compensatory) concurrently with approved FMLA leave. If paid leave is exhausted or if an employee does not have any accumulated paid leave balances, the employee shall be placed on unpaid FMLA. Section 4-7-8 Request for Leave EXHIBIT A TO MARANA RESOLUTION 2010-02 {oooisi~i.noci} Regular Council Meeting -January 5, 2010 -Page 26 of 108 5 ~'~ CHAPTER 4 ~~ 1~1AAI~a EMPLOYMENT BENEFITS ~w~ ~ ~ xowN of r uaa~~n A. Eligible employees shall submit a written request for leave to the Human Resources Department at least 30 days in advance of foreseeable FMLA-qualifying events. B. Eligible employees shall submit a written request for leave to the Human Resources Department as soon as practicable for unforeseeable events or within no more than two working days after learning of the unforeseen need for FMLA-qualifying leave. An employee requesting unforeseen FMLA leave has the obligation to comply with the Town's regular attendance and reporting requirements. Section 4-7-9 Medical Certification Employees requesting FMLA leave for their own serious health condition or for the serious health condition of a child, spouse or parent or for the serious injury or illness of a covered servicemember shall be required to submit a medical certification form from a health care provider verifying the serious health condition, injury or illness and the need to provide care in the case of a serious health condition, injury or illness of an eligible family member. The medical certification shall include the expected beginning and ending dates of the leave. The Town shall allow the employee at least 15 calendar days to obtain the medical certification. Section 4-7-10 Certification for Qualifying Exigency Leave under the NDAA Employees requesting FMLA leave due to a qualifying exigency arising out of the active duty or call to active duty status of a covered military member shall provide certification describing appropriate facts regarding the qualifying exigency for which the leave is requested. The certification shall include information on the type. of qualifying exigency for which leave is requested and any available written documentation that supports the request for leave. The certification shall also include the expected beginning and ending dates of the leave. The first time an employee requests leave for a qualifying exigency, the employee shall also be required to provide a copy of the covered military member's active duty order or other documentation issued by the military which indicates that the covered military member is on active duty or call to active duty status in support of a contingency operation, and the dates of the covered military member's active duty service. Section 4-7-11 Designation of Leave as FMLA Leave In all circumstances, it is the Town's responsibility to designate leave, paid or unpaid, as FMLA-qualifying, and to give notice of the designation to the employee. If the employee's leave request gives the Town sufficient reason to consider the leave as FMLA-qualifying, the Town shall designate the leave as FMLA and inform the employee of the designation within five business days after receiving the employee's request for leave. Section 4-7-12 Intermittent Leave EXHIBIT A TO MARANA RESOLUTION 2010-02 {oootstn.DOC i} Regular Council Meeting -January 5, 2010 -Page 27 of 108 6 „_,_~,., CHAPTER 4 It~A~Al~,4 EMPLOYMENT BENEFITS .`Vi'i i \ T~IYCd OP MARANA Under some circumstances, employees may take FMLA leave intermittently, by taking leave in blocks of time or by reducing their normal weekly or daily work schedule. A. Employees requesting intermittent FMLA leave for a serious health condition or to care for a family member with a serious health condition or to care for a covered servicemember with a serious injury or illness shall provide a medical certification from a health care provider to the Human Resources Department documenting the medical necessity for such leave. B. Employees requesting intermittent FMLA leave for a qualifying exigency arising out of the active duty or call to active duty status of a covered military member shall provide an estimate of the frequency and duration of the qualifying exigency and an explanation regarding the necessity for such leave. C. An employee is not guaranteed Intermittent FMLA leave for childbirth, adoption or placement of a foster child. Such leave may be taken only upon approval by the Town. D. The employee must attempt to schedule intermittent leave in a manner that does not unduly disrupt the Town's operations. E. The Town may temporarily transfer an employee on intermittent leave to a different position with equivalent pay and benefits if another position would better accommodate the employee's intermittent leave schedule. Section 4-7-13 Continuation of Health Insurance Coverage During FMLA A. Subject to the terms, conditions and limitations of the applicable group health insurance plans, the Town of Marana shall maintain group health insurance coverage, including family coverage, for an employee on FMLA leave on the same terms as if the employee continued to work. B. An employee who is on paid FMLA leave via the use of accrued leave balances, shall continue to pay his or her share of the insurance premium, if any, through payroll deductions. C. An employee who is on unpaid FMLA leave shall make arrangements with the Human Resources and Finance Departments to make payments for his or her share of the insurance premium, if any. If payment is more than 30 days overdue, coverage will be dropped, after 15 days written notice is provided to the employee. In this situation, COBRA will be offered. D. The Town's obligation to maintain health benefits under this section stops if and when the employee informs the Town of an intent not to return to work at the end of the leave period or if the employee fails to return to work when the FMLA leave entitlement is EXHIBIT A TO MARANA RESOLUTION 2010-02 {oootai~t.noci} Regular Council Meeting -January 5, 2010 -Page 28 of 108 ~ ,~ CHAPTER 4 ~~~~~A EMPLOYMENT BENEFITS TOIYN DF ?vSARANA exhausted. In some circumstances, the Town may recover premiums it paid to maintain health insurance coverage for an employee who fails to return to work from FMLA leave. Section 4-7-14 Supplemental Benefits The Town will not maintain other supplemental benefits while an employee is on FMLA leave. To maintain supplemental benefits, the employee must make payment arrangements with the Human Resources and Finance Departments. Section 4-7-15 Suspension of Accumulation of Other Town-Provided Benefits Benefit accumulation, such as vacation, sick leave or holiday benefits, will be suspended during any unpaid leave portion of the FMLA leave period and will resume upon return to active employment. Use of FMLA leave is not considered a break in service when determining eligibility for vesting or for participation in a benefit. Section 4-7-16 Return to Work A. An employee on FMLA leave shall provide the Human Resources Department with at least two days' advance notice of the date the employee intends to return to work. B. An employee on FMLA leave for the employee's own serious health condition shall provide a written release from a health care provider indicating that the employee may resume the full essential functions of his or her position prior to or immediately upon returning to work. C. Upon return from FMLA leave, the employee shall be restored to the employee's original position, or to an equivalent position with equivalent pay, benefits and other terms and conditions of employment. D. Under limited circumstances where restoration to employment will cause substantial and grievous economic injury to the Town's operations, the Town may refuse to reinstate certain highly-paid, salaried "key" employees. In order to do so, the Town must notify the employee in writing of his or her status as a "key" employee and the reasons for denying job restoration. The Town must also provide the employee a reasonable opportunity to return to work after the notice is given and make a final determination as to whether reinstatement will be denied at the end of the leave period if the employee then requests restoration. For purposes of this paragraph, a "key" employee is a salaried eligible employee who is among the highest paid ten percent of employees for the Town. Section 4-7-17 Termination of Employment EXHIBIT A TO MARANA RESOLUTION 2010-02 {oootst~t.DOCi} Regular Council Meeting -January 5, 2010 -Page 29 of 108 g ,~ CHAPTER 4 '~,~ MA[~ANA EMPLOYMENT BENEFITS ~'% J ~ TQS~tN OF MARANA A. If an employee voluntarily resigns his or her position before returning from FMLA, health insurance benefits are subject to COBRA law. B. If an employee fails to report to work at the conclusion of the FMLA period, and has not informed the Town in writing of a request to use other forms of leave, the employee is considered to have resigned. EXHIBIT A TO MARANA RESOLUTION 2010-02 {oootst~t.noc i} Regular Council Meeting -January 5, 2010 -Page 30 of 108 9 -' ~~~ MAR,~~~ FCiWN qP fvSRRfitdA CHAPTER 4 EMPLOYMENT BENEFITS Policy 4-9 ADMINISTRATIVE LEAVE The Town of Marana may provide administrative leave with or without pay to eligible employees as described in this policy. Section 4-9-1 Eligibility A. Regular full- and part-time employees, including those serving in an initial evaluation period, and term-limited temporary employees may request administrative leave as described in this policy. B. Employees shall not use administrative leave to work for another employer (other than the United States armed forces) or to pursue self-employment. C. Employees shall exhaust all accrued leave balances, including vacation, personal and compensatory leave and, if applicable, sick leave, before becoming eligible for administrative leave. Section 4-9-2 Request for Administrative Leave Employees shall submit written requests for administrative leave to their Department Head. The Department Head shall review the request, make a recommendation of approval or denial and forward the request to the Human Resources Director. The Human Resources Director shall review the request, make a recommendation of approval or denial and forward the request to the Town Manager or designee. The decision of the Town Manager or designee shall be final. Requests will be reviewed based on a number of factors, including Town operational needs and staffing requirements. The denial of a request for administrative leave is not subject to appeal under the personnel action review procedures set forth in Chapter 5 of these Personnel Policies and Procedures Section 4-9-3 Administrative Leave with Pay The Town Manager may approve an administrative leave with pay for an eligible employee for a fixed period of time when such administrative leave is considered by the Town Manager to be in the best interests of the Town. Section 4-9-4 Administrative Leave without Pay A. Any regular full-time employee who has completed one year of employment with the Town may request an administrative leave without pay for non-medical purposes for a period not to exceed 90 calendar days. In reviewing the leave request, the Town Manager or designee shall consider the impact to Town operations, any potential benefit EXHIBIT A TO MARANA RESOLUTION 2010-02 {oooiai~i.DOCi} Regular Council Meeting -January 5, 2010 -Page 31 of 108 10 ,~'~,...~,~' CHAPTER 4 ,~-- ,~,~ IVIARA~IA EMPLOYMENT BENEFITS ~~~/lam 4QWEd QF MARANA to the Town and the recommendation of the Department Head and the Human Resources Director. B. Any regular full- or part-time employee who is either not eligible for FMtA leave or has exhausted the FMLA leave period may request an administrative leave without pay for medical purposes. Requests for administrative leave without pay for medical purposes must be accompanied by a medical certification from a licensed health care provider documenting the medical necessity for and expected duration of the leave. The Town Manager may grant administrative leave without pay for medical purposes in increments of up to three months, provided that the total time the employee is unable to perform the essential functions of his or her regular position does not exceed the equivalent of 12 months in any 24-month period. For ourooses of trackina leave time. 12 months will be measured based on 2080 hours for full-time emolovees and oro-rated for Hart-time emolovees. C. Employees who have been granted administrative leave without pay shall not accrue any vacation or other paid leave time and shall not receive paid time off for Town- approved holidays during the unpaid leave of absence. D. Employees who are on administrative leave without pay may not be eligible for a regular annual review of job performance nor for an associated adjustment in pay until the performance evaluation anniversary immediately following the return to active employment status. E. Employees on administrative leave without pay may elect to continue group insurance coverage. However, the employee must bear both the Town's and the employee's share of the cost of the premiums. Payment must be submitted to the Finance Department by the 10th of each month to ensure continued coverage. Section 4-9-5 Return to Work A. Employees who are granted administrative leave without pay shall return to work upon completion of the leave period. An employee who fails to return to work on the date specified in the leave request without receiving an extension in advance is considered to have resigned. B. Employees who are granted administrative leave without pay for medical purposes shall provide a written release from a licensed health care provider indicating that the employee may resume the full essential functions of his or her position prior to or immediately upon returning to work. C. The Town is not obligated to hold a position vacant or to return an employee to a position following an administrative leave without pay that is not part of an approved FMI.A absence. EXHIBIT A TO MARANA RESOLUTION 2010-02 {oootstn.noci} Regular Council Meeting -January 5, 2010 -Page 32 of 108 11 ~~. =... MAi~~~A ~,ti e'~\ TOtYN OF AfAItANP. CHAPTER 4 EMPLOYMENT BENEFITS Policy 4-10 LEAVE DONATION Eligible employees may receive contributions of leave from other employees as outlined in this policy if the employee is unable to return to work due to his or her own catastrophic personal illness or injury or the catastrophic personal illness or injury of an immediate family member. Section 4-10-1 Definitions A. Catastrophic Illness: Illness that requires extensive hospitalization, hospice care or other extraordinary measures of care. B. Catastrophic Injury: Injury that requires extensive recuperation time. C. Immediate family member: The spouse, children, parents, grandparents, brothers, sisters or other individuals whose relationship to the employee is that of a dependent. A relative who, because of family circumstances, has been a parent substitute to the employee may be considered the mother or father in this definition. Section 4-10-2 Eligibility A. Regular full- and part-time employees, including those serving in an initial evaluation period, and term-limited temporary employees are eligible to receive donated leave as described in this policy. B. Eligible employees must be on an approved FMLA leave or medical leave of absence without pay and must have exhausted all accrued paid vacation, sick, personal and compensatory leave balances to be eligible for donated leave. C. Eligible employees shall not receive donated leave if they are receiving benefits through an insurance program paid for by the Town or from their retirement system or are eligible to receive payments from Social Security. D. Eligible employees shall not be permitted to use donated leave if they have been unable to perform the full essential functions of their position for a period of time equivalent to 12 months in a 24-month period. or nurooses of tracking leave time. 12 months will be measured based on 2080 hours for full-time emolovees and oro-rated for Hart-time molovees. EXHIBIT A TO MARANA RESOLUTION 2010-02 {oooisl~~.noci} Regular Council Meeting -January 5, 2010 -Page 33 of 108 12 CHAPTER 4 =--, i~1~~AI~A EMPLOYMENT BENEFITS ~. -~.. ti.1 til I \ TOWN PF t~lAdP.NA Section 4-10-3 Donation Parameters A. Donation of leave may be made among all levels of Town employment on an hour-for-hour basis. B. Vacation leave and sick leave may be donated. C. The receiving employee and the Town are under no obligation to repay the donated leave. D. There is no limit on the amount of donated leave eligible employees may receive, except that the total time the employee is unable to perform the essential functions of his or her regular position shall not exceed the equivalent of 12 months in any 24-month period. r ourooses of trackina leave time. 12 months will be measured based on 2080 hours f r full-time emolovees and oro-rated for cart-time emolovees. E. Any unused donated leave will be returned to the donating employee. F. Donating employees must maintain a total balance of 80 hours of sick and vacation leave. Section 4-10-4 Request for Donated Leave A. Applications for donated leave are available in the Human Resources Department. B. The requesting employee shall submit the completed application for donated leave to the Human Resources Department. If it has not already been provided, the employee shall include a medical certification from a licensed health care provider documenting the medical necessity for and expected duration of the leave with the completed application. C. The application will be submitted to the Human Resources Director for approval. Section 4-10-5 Maintenance of Benefits Employees who are receiving donated leave shall be considered to be in a paid status. Therefore, Town-provided employee benefits shall continue without interruption during the period of donated leave. EXHIBIT A TO MARANA RESOLUTION 2010-02 {oootai~t.DOCi} Regular Council Meeting -January 5, 2010 -Page 34 of 108 13 ~~" *~. TsYYlfa~i: Mi NJt.WA 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, January 5, 2010, 7:00:00 PM To: Mayor and Council Item C 4 From: Tom Ellis ,Parks and Recreation Director Strategic Plan Focus Area: Heritage Strategic Plan Focus Area -Additional Information: One of the goals under the Heritage Focus Area of the Strategic Plan is "to maintain a sense of community character by linking the past, present and future. An action strategy associated with the goal is to create a naming program to give historically significant names to parks and public facilities. Subject: Resolution No. 2010-03: Relating to Parks and Recreation; naming the new district park located near Silverbell and Cortaro Roads Discussion: During the month of September, the Town of Marana Parks and Recreation Department conducted a contest to allow Marana residents the opportunity to nominate a name for the new district park being constructed at Silverbell and Cortaro Roads. The contest was publicized through local media, the town's web page, social media outlets, and parks and recreation program sites. Information regarding the historical significance of the park site was presented. Participants were asked to offer naming suggestion that related either historically or geographically to the site. Ninety-one suggestions were received by email, USPS mail, and hand delivery. Those names, as well as a shortened list recommended by the Parks and Recreation Citizen Advisory Committee were presented to the Town Council at their regular meeting on November 17, 2009. "Crossroads" was the most common theme throughout the suggestions occurring in more than 10% of the names from the public. "Crossroads" was also short-listed by the Parks and Recreation Citizen Advisory Commission. During discussions at the November 17 council meeting, there was a desire to include a sense of place in the name. Considering the public suggestions, the short-list from the PRCAC, and the desire to include a sense of place, the Town of Marana Parks and Recreation Department recommends, "Town of Marana Crossroads at Silverbell Park", as the official name of the new park. ATTACHMENTS: Name: ~ Park_Namng._Resolution (00018668) DOC Description: Park Naming Resolution Type: Resolution Regular Council Meeting -January 5, 2010 -Page 35 of 108 [] ParkNameSuggestions.pdf Suggested Park Names Backup Material Staff Recommendation: Staff recommends "Town of Marana Crossroads at Silverbell Park" as the name of the new district park under construction at Silverbell and Cortaro Roads. Suggested Motion: I move to adopt Resolution 2010-03, to officially name the new district park, "Town of Marana Crossroads at Silverbell Park". Regular Council Meeting -January 5, 2010 -Page 36 of 108 MARANA RESOLUTION N0.2010-03 RELATING TO PARKS AND RECREATION; NAMING THE NEW DISTRICT PARK LOCATED NEAR SILVERBELL AND CORTARO ROADS WHEREAS a district park is being developed for the public by the Town of Marana near Silverbell and Cortaro Roads; and WHEREAS a goal of the Town of Marana Strategic Plan is to maintain a sense of community character by linking the past, present and future, and an action strategy associated with the goal is to create a naming program to give historically significant names to parks and public facilities, and WHEREAS the word "Crossroads" was in the new district park name most often chosen by members of the public who participated in a process developed to name the new district park. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana as follows; SECTION 1. The new district park near Silverbell and Cortaro Roads is hereby officially named "Town of Marana /Crossroads at Silverbell Park". SECTION 2. The Town's Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out this resolution. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 5`" day of January, 2010. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney {00018668.DOC /} Regular Council Meeting -January 5, 2010 -Page 37 of 108 District Park Name Suggestions 10/5/2009 PARK NAME SIGNIFICANCE Anaram Park Marana spelled backwards Ancestral Park Ancestral Passage Park Ancient Trails Crossing and Parkway Center Ancient Trails Park Ancient Trails Park and Recreational Center Ancient Trails Parkway Anza Park Anza-Bell Park Bojorquez Ruins Park Bojorquez-Aguirre Park Bojorquez-Aguirre Ranch Regional Park Butterfield Stage Park Century Park Confluence Park Cross Roads Park Crossroad Park Crossroad Park Crossroad Park Crossroads at Silverbell Park Crossroads Park Since it was such a well traveled passage for various and diverse ancestors. Site of the Bojorquez Ranch Butterfield Stage Route passed the park site the rich history of the park site for hundreds of years a meeting place of people and ideas -two water courses converge Simply put in the news article, the area was a "...crossroads and meeting place..." The name is clear and simple, plus could easily be combined with a logo or graphic that depicts the Crossroads Park history. For example an intersection of 2 roads that appear as a cross (no religious reference) and within the quadrants of the Crossroads, four very distinct graphics. One graphic could show a crop, another a Hohokam emblem, etc. Cruce Comuidad Park spanish for community crossing Cruz Crossroads de Anza Park De Anza Park de Anza Park Cottonwood Park Desert Farmers Park Expression Park Gathering Place Park Heritage Crossings Park Heritage Park Historic Crosswords Historic Silver Court Crossings Park Hoenakia Park Hohokam Canal Park Hohokam Crossroads Park Hohokam Crossroads Park Hohokam Haven Park That is after the National Historic Trail and the cotton that this area is all about the site of agriculture fields since prehistory Silver Court represents Silverbell and Cortaro to honor two Marana families that have worked many years to make Marana the town it is today Irrigation canals found at the site Regular Council Meeting -January 5, 2010 -Page 38 of 108 District Park Name Suggestions 10/5/2009 Hohokam Park Hohokam Village Park Hohokam Village Park Honea Park Juan Bautista de Anza Park Legacy District Park Remembering where we came from and leaving our own trail for future generations Legacy Park Los Morteros Park Los Morteros Park nearby Hohokam village site called Los Morteros, named after all of the grinding mortars (similar to matates) found in the area Marana Ancestral Park Marana de Anza Park Marana Glen Park Because of it's location next to Santa Cruz and the views of the surrounding mountains. Marana Hohokam de Anza Park Marana Millennium Historical Park Marana Millennium Metro Historical Park Marana Set-in-Stone Park Marana Meadow Park Because of it's location next to Santa Cruz and the views of the surrounding mountains. Marana's Historic Path Park Medicine Ball Park Archeologists found Hohokam ball on site Mesquite Thicket Park Marana means mesquite thicket In honor of the 19 Marines that were lost on that flight of the Night Hawk 72 Park Osprey that crashed April 8, 2000 at the Marana Airport. Night Hawk 72 was the fated flight's call sign/name/number. Oasis Park a fertile or green area in an arid region (as a desert); something that provides refuge, relief, or pleasant contrast Passageway Park Pathways Park Pimeria was a province or region--never precisely defined--of Spanish colonial Mexico encompassing what is now southern Arizona and northern Sonora, the name being derived from the Pima Indians who live in the region. The use of the term Pimeria Pimeria Pathways Park dates from the late seventeenth century, first appearing on a 1696 map prepared by the indefatigable explorer Fr. Eusebio Kino. The term appeared on eighteenth century maps, and on a few early nineteenth century maps. The name Pimeria was one of five names proposed for the new Territory of Arizona established in 1863 Pit House Park Park is site of Hohokam pit house village Rancheria Park "native village" Renaissance Park Santa Cruz Crossing Park Santa Cruz River Memorial Park Santa Cruz River Park Santa Cruz Village Park Hohokam village on the banks of the Santa Cruz River Settler's Crossing Park Regular Council Meeting -January 5, 2010 -Page 39 of 108 District Park Name Suggestions Silver Bell Mine Park Silverbell Archaeology Park Silverbell Crossing Regional Park Silverbell Hohokam Rendezvous Park. Silverbell Park Silverbell Ranch Park Silverbell Sports Park 10/5/2009 Sojourn Trail Park Definition Sojourn: (noun) a temporary stay; to stay for a time in a place; live temporarily Sonoran Crossing Park Sonoran from the strategic plan -Crossings because of the historic routes Sports Village Park The name evokes images of the old west, and reflects the western heritage of the area. This name would also attract the Stagecoach Park attention of local and out-of-town visitors. Visitor-related spending would benefit the town via sales tax revenue, and help to support area commercial enterprises, boosting the local economy and helping to maintain employment in the area variety of meanings; the story teller is a Native American elder; future stories will be told about experiences at the park; thousands of stories are housed at the library expression is a word that encompasses play, stories, history, attitude; plus it Story Teller Park would sound cool to promote activities at the Expression Park. We could do a community art project that has kids jumping in the air, with their hands up and laughing...this "Expression" to welcome folks as they enter the park or as they leave it is the last thing they see/remember AND our new community theater program could be called "Express Yourself" "Story" is another form of history and the park is shared with the Story Trail Park library which houses thousands of stories; trail is for the historical trail or route taken Trade Route Historical Park Trade Route Passage Historical Park Trade Route Passage Park Travelers Trail Park. Water Dreams/Buenos De Aqua Short of doing a "rain dance" for rain, I think it suggests the Santa Cruz and the trails that followed it. Yuma Wash Village Park Site of the Yuma Wash and prehistoric village Regular Council Meeting -January 5, 2010 -Page 40 of 108 ,r~1 ~~~-` 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, January 5, 2010, 7:00:00 PM To: Mayor and Council Item C 5 From: Keith Brann ,Town Engineer Strategic Plan Focus Area: Community Building, Recreation Strategic Plan Focus Area -Additional Information: This Memorandum of Understanding (MOU) supports the Recreation initiative to pursue and enhance recreation and tourism development through preservation of the Sonoran Desert. It also supports the Recreation initiative to ensure that future development, land use, and projects protect and showcase the Sonoran Desert and its inhabitants. This MOU also supports the Community Building initiative for involvement and education as citizens are made aware of the severe fire danger of Buffelgrass and what they can do to help control it in their neighborhoods. If approved, this Buffelgrass MOU will also support the Strategic Plan Commerce Initiative to identify and solidify partnerships. Subject: Resolution No. 2010-04: Relating to Health and Sanitation; authorizing the Mayor to sign a Memorandum of Understanding concerning cooperation and coordination in Invasive Species Management in Southeast Arizona, with various agencies and entities Discussion: The rapid spread of Buffelgrass (Pennisetum ciliare) in Southern Arizona poses a serious threat, not only to our natural environment, but to homes, businesses, the tourism industry, and the regional economy by converting the naturally fire-resistant desert into highly flammable grasslands. Buffelgrass control is an important conservation measure in the Town of Marana's Draft Habitat Conservation Plan. This MOU is a cooperative agreement which local government entities, the Arizona Department of Transportation, the Arizona-Sonora Desert Museum, the Arizona Native Plant Society, the National Park Service, Rural Metro Corporation, the Tohono O'odham Nation, The University of Arizona, the U.S. Forest Service, the U.S. Geological Service, and others have already signed. The Town will benefit by signing onto the MOU for the following reasons: 1) The MOU gives authorization for cooperation between jurisdictions and agencies. 2) The Town's inclusion on the MOU provides more partners and resources for the Southern Arizona Buffelgrass Coordination Center as they apply for grants. 3) Signing the MOU allows the Town of Marana to be part of the decision- making process for using collaborative funding and allows the Town to be eligible to receive a portion of grant funds Regular Council Meeting -January 5, 2010 -Page 41 of 108 or materials. 4) The Town will have access to shared resources (tools, sprayers, brochures, educational displays) and research findings. This MOU does not require the Town of Marana to expend funds or take other actions. The regional strategy involves sharing non-sensitive information and participating in the Buffelgrass Working Group. The MOU is Appendix 2 to the Southern Arizona Buffelgrass Strategic Plan (2008). A copy of Appendix 2 is attached as Exhibit A to the resolution accompanying this item. The document outlines treatment strategies that prioritize controlling the outermost edges of buffelgrass stands to prevent further spread, protecting life and property from fire hazards, identifying vulnerable areas that require contingency planning to protect life and property, and identifying high value resource areas where buffelgrass control may not be attainable. By signing the Buffelgrass Cooperation and Coordination MOU, the Town will join other regional entities in cooperatively addressing the threat of buffelgrass in Southern Arizona. Financial Impact: Signing the MOU will save the Town money because signatories will share in the benefits from grants awarded to the Southern Arizona Buffelgrass Coordination Center. We will also receive posters and other items developed by the Center. ATTACHMENTS: Name: Description: Type: ^ RESO_Bu...ff...elgras_s_M_OU (00018260~111.DOC Resolution Buffelgrass MOU Resolution ^ MOU Appx. 2._to BGrass Str_ategc__Plan,.pdf Exhibit A: MOU and Signature Sheet Exhibit ^ SAB_CC__MOU._executo_n SABCC MOU Signature Sheet Exhibit page template_,doc Staff Recommendation: Staff recommends adoption of Resolution No. 2010-04. Suggested Motion: I move to adopt Resolution No. 2010-04, authorizing the Mayor to sign the Memorandum of Understanding concerning cooperation and coordination in Invasive Species Management in Southeastern Arizona. Regular Council Meeting -.January 5, 2010 -Page 42 of 108 MARANA RESOLUTION N0.2010-04 RELATING TO HEALTH AND SANITATION; AUTHORIZING THE MAYOR TO SIGN A MEMORANDUM OF UNDERSTANDING CONCERNING COOPERATION AND COORDINATION IN INVASIVE SPECIES MANAGEMENT IN SOUTHEAST ARIZONA WITH VARIOUS AGENCIES AND ENTITIES WHEREAS the rapid spread of buffelgrass (pennisetum ciliare) in Southern Arizona is con- verting the naturally fire-resistant desert into highly flammable grasslands that pose a serious threat to the natural environment, homes and businesses, the tourism industry, and the regional economy; and WHEREAS buffelgrass control is an important conservation measure in the Town of Ma- rana's draft Habitat Conservation Plan; and WHEREAS various local agencies and entities have entered into a Memorandum of Under- standing concerning Cooperation and Coordination in Invasive Species Management in Southeast Arizona (the "Invasive Species MOU"); and WHEREAS execution of and participation in the Invasive Species MOU will provide various benefits to the Town and its citizens, including allowing the Town to be part of the decision-making process for using collaborative funding, making the Town eligible to receive a portion of the grant funds or materials generated as a result of the Invasive Species MOU, and giving the Town access to shared resources (tools, sprayers, brochures, educational displays, etc.). NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA AS FOLLOWS: SECTION 1. The Invasive Species MOU, attached to and incorporated by this reference in this resolution as Exhibit A, is hereby approved, and the Mayor is hereby authorized to execute it for and on behalf of the Town of Marana. SECTION 2. The Town's Manager and staff are hereby directed and authorized to under- take all other and further tasks required or beneficial to carry out the terms, obligations, and objec- tives of the Invasive Species MOU. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 5~' day of January 2010. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk Regular Council Meeting -January 5, 2010 -Page 43 of 108 APPROVED AS TO FORM: Frank Cassidy, Town Attorney {00018260.DOC /} Southern Arizona Buffelgrass Strategic Plan Appendix 2 -Memorandum of Understanding APPENDIX 2. MEMORANDUM OF UNDERSTANDING Regulal~~~if.~~~~~nuary 5, 2010 -Page 44 of 108 2_~ Southern Arizona Buffelgrass Strategic Plan Appendix 2 -Memorandum of Understanding THIS PAGE INTENTIONALLY BLANK. Regular~~~i~.~etine0~$nuary 5, 2010 -Page 45 of 108 2-2 Southern Arizona Buffelgrass Strategic Plan Appendix 2 -Memorandum of Understanding MEMORANDUM OF UNDERSTANDING BETWEEN ARIZONA BOARD OF REGENTS -UNIVERSITY OF ARIZONA COOPERATIVE EXTENSION, OFFICE OF ARID LAND STUDIES & SCHOOL OF NATURAL RESOURCES ARIZONA-SONORA DESERT MUSEUM ARIZONA STATE PARKS BOARD CITY OF TUCSON -DEPARTMENT OF URBAN PLANNING & OFFICE OF CONSERVATION AND SUSTAINABLE DEVELOPMENT NATIONAL PARK SERVICE, SAGUARO NATIONAL PARK PIMA ASSOCIATION OF GOVERNMENTS PIMA COUNTY -DEPARTMENT OF NATURAL RESOURCES, PARKS AND RECREATION & DEVELOPMENT SERVICES DEPARTMENT SONORAN INSTITUTE USDA-FOREST SERVICE, CORONADO NATIONAL FOREST AND SUBSEQUENT SIGNATORIES CONCERNING COOPERATION AND COORDINATION IN INVASIVE SPECIES MANAGEMENT IN SOUTHEAST ARIZONA AND THE FORMATION OF THE BUFFELGRASS WORKING GROUP AND ITS ASSOCIATED MANAGEMENT UNITS I. PREFACE The parties to this agreement: • Either have stewardship responsibilities for natural resources mandated under federal, state, tribal or local statute or by policy or they have a public interest in such stewardship as identified in their organizational missions. • Recognize that invasive species, not limited to those regulated as noxious weeds under state or federal law, potentially threaten the long-term persistence of individual plant and animal species and entire natural communities within Southeast Arizona. • Acknowledge that independent effort, by itself, will not be able to solve an invasive species problem, as invasive species cross jurisdictional boundaries with impunity; therefore, the parties recognize that cooperation among agencies and other groups is necessary for effective management and enables them to "pool" resources to work toward common goals. • Desire to use an integrated approach to invasive species management. • Desire to prevent introduction and spread of invasive species into Southeast Arizona as the most cost-effective and efficient means of managing invasive species and preventing natural resource degradation. Regulal~i~.~~~~~nuary 5, 2010 -Page 46 of 108 2-3 Southern Arizona Buffelgrass Strategic Plan Appendix 2 -Memorandum of Understanding • Desire to develop and implement best management practices that can mitigate the impacts of their activities on the spread of invasive species. • See value in highlighting the lack of information on control methods, vector sources and pathways, impacts to natural communities and native species, and other existing research data gaps as a means to encourage research community and funding source interests in these areas. • Acknowledge benefits of developing data collection and management systems that can facilitate, among the parties, coordination, priority setting, and inventory and monitoring strategies, while enabling transfer of compatible data to regional and national databases. Seek opportunities to coordinate and combine education and outreach efforts. II. PURPOSE In consideration of the preceding findings, the purpose of this Memorandum of Understanding (MOU) is to enable the parties to: (1) cooperatively develop common management objectives (2) facilitate effective response actions to control or prevent the spread of invasive species, (3) restore natural communities within Southeast Arizona through a voluntary, but coordinated team of individuals and organizations responsible for invasive species management, and (4) facilitate funding from multiple sources through various documents and agreements. The initial focus of this agreement will be on invasive plants; however, the parties reserve the ability to address invasive animals. II1. SCOPE To better leverage available resources and gain management effectiveness, government, tribal, and non governmental organizations across the United States -and in some cases across international boundaries -have been banding together to coordinate their efforts in the fight against invasive species. At the most local level of coordination, cooperative invasive species management areas (CISMA; see Definitions section) are established that focus on the on-the-ground actions that need to occur to prevent or control the spread of invasive species and to mitigate their ecological and economic impacts within a particular geographic area. Above this level of coordination, Regulal~~i~.~ef ~~~nuary 5, 2010 -Page 47 of 108 2-4 Southern Arizona Buffelgrass Strategic Plan Appendix 2 -Memorandum of Understanding regional, state, national, and international coordinating councils of one kind or another may form to address broader programmatic .invasive species issues or to provide technical, funding, and other resource assistance to CISMAs. For example, at the national level within the United States, the National Invasive Species Council, established in accordance with 1999 Presidential Executive Order on invasive species (Executive Order 13112, 64 Federal Register 6183; hereinafter referred to as Executive Order 13112), is meant to coordinate the efforts of federal departments and agencies in regard to national invasive species policy and management actions. IV. AUTHORITIES Each signatory to this MOU will identify on its individual signature (execution) page the relevant authority that enables it to sign an MOU. V. RESPONSIBILITIES Each of the undersigned parties mutually agree to: A. Participation: Participate in the Buffelgrass Working Group and as appropriate to their geographic area of interest within a management unit. Membership on the steering committee is not a prerequisite to be a participant. B. Share Resources: The parties will mutually agree on the processes by which resources will be shared, based on agency or organizational policy, regulations, capability, and consistency with applicable local, state, federal, and/or tribal law. Sharing of federal resources or transfer of federal funds to non-federal agencies requires legal authority to do so and must be carefully examined before such transfers or sharing is accomplished. Nothing in this MOU shall. require the Cooperators to obligate or transfer any funds. Specific work projects or activities that involve the transfer of funds, services, or property among Cooperators will require execution of separate agreements and be contingent upon the availability of appropriated funds. Such activities must be independently authorized by the appropriate statutory authority. Negotiation, execution, and administration of each such agreement must comply with all applicable statutes and regulations. In those cases in which an MOU is deemed sufficient to allow a sharing of a resource between any of the parties, this MOU will serve as the agreement to do so. C. Provide Resources: The parties will mutually agree to provide resources of their own, to the extent each party determines it is capable of doing so, in the form of funding, manpower, equipment, supplies, or other items needed to implement invasive species management activities. D. Share Data: The parties will mutually agree to share non-sensitive data and information that can facilitate the operation and management effectiveness of the Regula[~i~.~~~$nuary 5, 2010 -Page 48 of 108 2-5 Southern Arizona Buffelgrass Strategic Plan Appendix 2 -Memorandum of Understanding Buffelgrass Working Group and its associated management units, including but not limited to: invasive species occurrence data, control methods, and prevention strategies. This may require execution of supplemental data share agreements. The parties will seek opportunities, when not otherwise precluded by other requirements, to make use of common data collection protocols and data management systems to facilitate coordination among themselves and compatibility with regional and national data standards and data management systems. E. Provide Representation to Buffelgrass Working Group: The parties will mutually agree to provide a representative to the Buffelgrass Working Group steering committee whenever a party desires to have representation on the steering committee. Parties to this MOU that do not desire to have representation on the steering committee can still participate in the activities of the Working Group, as well as benefit from the sharing of information and best management practices that occurs within these entities; however, by not seeking membership on the steering committee they are less likely to play a role in determining Buffelgrass Working Group objectives and project priorities. F. Operational Plans: The parties will mutually agree to participate in the development and/or approval of strategic and annual operational management plans for the Buffelgrass Working Group, as appropriate. G. Alternative Dispute Resolution: To the extent permitted by federal and tribal law, the parties agree to engage in any alternative dispute resolution procedures mandated by their respective statutes, regulations, and court rules, including by not limited to A.R.S. Section 12-1518 and 5 U.S.C. Section 575, if applicable. H. Cancellation Due to Conflict of Interest: All parties are put on notice that this agreement is subject to cancellation by the State of Arizona due to illegal conflict of interest pursuant to A.R.S. Section 38-511. I. Participation in Similar Activities: This MOU in no way restricts the Cooperators from participating in similar activities with other public or private agencies, organizations, and individuals. J. Open Records: Pursuant to A.R.S. Section 35-214 as amended, all books, accounts, reports, files, electronic data, and other records relating to this MOU shall be subject at all reasonable times to inspection and audit by the State of Arizona for five (5) years after completion of this MOU. Such records shall be reproduced as designated by the State of Arizona. Federal Parties (NPS, BLM, USDA-FS, USGS) will make records under their control available for inspection or copying in accordance with the Freedom of Information Act, 5 U.S.C. Section 552(2006), and the implementing regulations found at 43 C.F.R. part 2. Regulal~~~i}~esine~~~nuary 5, 2010 -Page 49 of 108 2_6 Southern Arizona Buffelgrass Strategic Plan Appendix 2 -Memorandum of Understanding K. Non Discrimination: All parties are hereby put on notice that this agreement is subject to Arizona Executive Orders 99-4 and 75-11, entitled "Prohibition of discrimination in State Contracts -Non-discrimination in Employment by Government Contractors and Subcontractors." Said non-discrimination orders, by reference, are made part of this agreement. L. Non Availability of Funds: This agreement shall be subject to available funding and nothing in this agreement shall bind any party to expenditures of funds for purposes outlined in this agreement. VI. IMPLEMENTATION A. Steering Committee Establishment. A steering committee shall be established with membership consisting of a designated representative of each initial signatory to this MOU that desires to have representation on the steering committee. Signatories will indicate their desire to have representation on the steering committee on their execution page. B. Changes in Steering Committee Membership. A signatory to this MOU with representation on the steering committee may remove its designated representative at any time and designate a replacement for any of their representatives that are so removed. Except for the removal and replacement of a designated representative, the initial members of the steering committee shall establish rules and procedures that govern any changes in membership, such as the addition of new members, beyond those specified above. C. Steering Committee Responsibilities. The steering committee shall provide programmatic level oversight and assistance related to the operation and function of the Buffelgrass Working Group and its associated management units. The steering committee shall: • Develop initial drafts of strategic plans, annual objectives, and project priorities applicable to Southeast Arizona • Assist with the drafting, completion, and implementation of annual operating/ management plans • Establish technical teams as necessary to address specific management issues, the composition of which can be volunteers from the signatories to this MOU or from outside groups as needed • Develop and assist in implementing best management practices and organizational invasive species management program templates Regulaf~i~.~0~$nuary 5, 2010 -Page 50 of 108 Z_7 Southern Arizona Buffelgrass Strategic Plan Appendix 2 -Memorandum of Understanding • Act as an advocate for the needs of its associated management units to the extent allowed by law and the restrictions imposed on any of the signatories to this MOU. D. Relationship of Steering Committee to Participants within Buffelgrass Working Group's Management Units. Participants within a particular management unit coordinate and accomplish the day-to-day invasive species management activities that may be undertaken in accordance with this MOU. .The steering committee provides assistance on such activities to the extent that the participants within a particular management unit desire such assistance. E. Identification and Addition of Members Associated with the Buffelgrass Working Group. Signatories to this MOU are members of the Buffelgrass Working Group. Information pertaining to the geographic scope is included for the Buffelgrass Working Group and its associated management units as an attachment. New members of the Buffelgrass Working Group can be added at any time. Such additions shall be made by the addition of an execution page to this MOU that also identifies whether the new entity elects to participate on the steering committee. Each new participant must sign an execution page to this MOU. VII. ADMINISTRATION A. This MOU shall become effective when at least seven of the entities identified have signed, and shall remain in effect until modified or terminated. B. Any signatory, including those signatories that are not members of the steering committee, may withdraw from this MOU at any time by providing 30 days written notice to all other signatories. C. Any signatory, including those signatories that are not members of the steering committee, may propose modifications to this MOU. Modifications will be in the form of an amendment, or in the case of wholesale substantive changes in the form of a revised agreement, and may be negotiated at any time following 30 days written notice to the other signatories. Modifications shall become effective upon signature of all parties. D. Nothing in this MOU will be construed as affecting the authority of the signatories, as a binding beyond their respective authorities, or as requiring any of the signatories to obligate or expend funds. E. This MOU is not intended to and does not create any right, benefit, or trust responsibility, substantive or procedural, enforceable at law or equity, by a party against the United States, its agencies, its officers, or any person. Regulal,~~r~i~.~esine~~~nuary 5, 2010 -Page 51 of 108 2_8 Southern Arizona Buffelgrass Strategic Plan Appendix 2 -Memorandum of Understanding F. Nothing in this agreement shall be interpreted as an express or implied waiver of the sovereign immunity of any party. G. The signatories, or representatives of the parties to the agreement, shall meet on at least an annual basis to: (1) review progress on achieving mutual objectives, (2) identify cooperative work priorities for the coming year, and (3) determine whether the MOU should be maintained as is, modified, or terminated. VIII. APPROVAL Each party to this agreement will indicate their approval by signing a separate execution page. The use of individual pages for each signatory to designate its approval enables adding signatories without having to reissue an execution page that affects other signatories. IX. DEFINITIONS Annual operating/management plan.-A written document that describes in detail the methods, funding, and roles and responsibilities of the participants involved in a cooperative invasive species management area. The plan addresses, on an annual basis, how the goals and objectives of the strategic plan will be implemented (definition modified from Guidelines for Coordinated Management of Noxious Weeds: Development of Weed Management Areas, a joint publication of the Bureau of Land Management, Forest Service, and National Park Service). Cooperative invasive species management area (CISMA).-An area that shares common biotic characteristics, such as a common suite of invasive plants or animals, and is identified by specific boundaries that form a logical area for the management of invasive species. The bounded area can be based on criteria other than existing jurisdictional boundaries (definition modified from the Guidelines publication), and sometimes are further sub-divided into management units to facilitate better coordination of efforts. Some CISMAs are not based on specific areas, but rather focus on the control of a specific invasive species. Control.-As appropriate, eradicating, suppressing, reducing, or managing invasive species populations, preventing spread of invasive species from areas where they are present, and taking steps such as restoration of native species and habitats to reduce the effects of invasive species and to prevent further invasions (Executive Order 13112). Integrated invasive species management.-A management system that uses all suitable methods in an environmentally sound and compatible manner to reduce invasive species populations to levels below those causing unacceptable economic or ecological consequences (definition modified from the Guidelines publication). Regulal~~i~.~~~$nuary 5, 2010 -Page 52 of 108 2-9 Southern Arizona Buffelgrass Strategic Plan Appendix 2 -Memorandum of Understanding Invasive species.-An alien [non-native, exotic, introduced] species whose introduction does or is likely to cause economic or environmental harm or harm to human health (Executive Order 13112). Non-native species.-With respect to a particular ecosystem, any species, including its seeds, eggs, spores, or other biological material capable of propagating that species, that is not native to that ecosystem (Executive Order 13112 definition for alien species). A species is considered non-native when it is located outside its natural range or its natural zone of dispersal. Noxious weed. -Those plant species designated as such by federal or state law. Noxious weeds represent a subset of those plant species that can be considered invasive plants. Noxious weeds generally will possess characteristics of aggressiveness and difficulty to manage. The definition generally applies to any living stage or viable plant part (including, but not limited to, seeds and reproductive parts) of a designated plant species; however, Arizona State law separately regulates the purity of seeds used for planting that may contain a designated noxious weed. Prevention.-Activity (inspection, regulation, sanitation, education) that will reduce the likelihood of introduction of a targeted (or in many cases non-targeted when best management practices are followed) invasive species into a CISMA (definition modified from the Guidelines publication). Steering committee.-A group of individuals assigned, appointed, or elected to collectively complete a strategic plan for an invasive species council and/or a specific CISMA, oversee implementation of such a plan, and provide assistance to the operational needs of individual management areas and the development of their annual operating/management plans (definition modified from the Guidelines publication). Strategic plan. A plan that documents the broad goals and coordination strategies of an invasive species working group, invasive species council and/or its associated CISMAs. Such a plan provides the long-term vision (five years or longer) for the working group/council/CISMA, provides programmatic assistance to individual CISMAs for developing their annual operating/management plans, and provides a template for the program plans of its individual participants. Weed.-Any plant that is growing in a place where it is not wanted and interferes with management objectives for that place. The term has no scientific meaning. Weeds commonly are considered to share certain attributes: they are adept at colonizing disturbed habitats (though not all plants that are colonizers are weeds), such as plowed fields and roadsides; they are numerous and grow aggressively; and they are bothersome and generally have no economic value. A plant does not have to be non- native to be considered a weed. Regulal~~~i~.~~0~~nuary 5, 2010 -Page 53 of 108 2-10 Southern Arizona Buffelgrass Strategic Plan Appendix 2 -Memorandum of Understanding ATTACHMENTI BUFFELGRASS WORKING GROUP AND ASSOCIATED MANAGEMENT UNITS GEOGRAPHIC AREA OF COVERAGE The geographic area of coverage of the Buffelgrass Working Group aligns with the Pima-Santa Cruz Basin Cooperative Invasive Species Management Area boundaries and includes portions of southern and central Arizona, with an emphasis on the partners' management areas. The primary area of interest includes the eastern three- quarters of Pima County, a small southeastern portion of Maricopa County, southern portions of Pinal County and most of Santa Cruz County (Figure 1). This area may be modified as new partners and management needs are identified. Arizona Caoperati~e Weed Management Areas L; '1'.~. Y~tia~.e ~~V:ity'V~~tA '~"fi..I 'a.saiFl Vh4 k. `Fr~Y lvt~~ '~i• T ,tl~1"...1P, _ -_ ~ ~~ ,_ Frr~y~.~kM-.cv~anr. ~;._~r _ c ~,...,- 3 ~~sw--~, _. _~~~~.~ wt,rti::F ,TFa~nrr~zr^ ~,. :. Figure 1. Cooperative Weed Management Areas in southern Arizona. The proposed geographic boundaries for the Buffelgrass Working Group and associated MOU are shown in green. Regulal~,~i~.~etirm~~~nuary 5, 2010 -Page 54 of 108 2-11 EXECUTION PAGE FOR THE ARIZONA BOARD OF REGENTS ON BEHALF OF THE UNIVERSITY OF ARIZONA Authority to Enter Into This Memorandum Of Understanding (MOU): Lewis Barbieri Director, Office of Research & Contract Analysis 888 N. Euclid Ave. Room 515 Tucson, AZ 85719 520-621-3050 (main office) 520-621-4520 (fax) orca@email.arizona.edu Special Conditions Statement Options: None Primary Contact: Dr. Lisa J. Graumlich Professor & Director, School of Natural Resources The University of Arizona 325 Bioscience East Tucson, AZ 85721 520-621-7255 (main office) 520-621.8801 (fax) lisag@cals.arizona.edu I Participation in Steering Committee: I do (_X} 1 do not (~ (place an "X" mark in the appropriate spot) desire to have my organization represented on the Buffelgrass Working Group Steering Committee. Organizations that desire to have representation on the steering committee agree to provide a representative to said committee (Article VI.E of the MOU.) ~ Arizona Board of Regents `` University of Arizon y ~._ ~ __._ ~ ~' ', ...~'"f.~ ~"" Date Lewis iiart,ieri, Girect~r Office of Research and Contract An~l~~sis Regutat Council Meeting -January 5, 2010 -Page 55 of 108 EXECUTION PAGE FOR ARIZONA-SONORA DESERT MUSEUM Authority to Enter Into This Memorandum Of Understanding (MOU): Not applicable Special Conditions Statement Options: None Primary Contact: Rick Brusca and Alix Rogstad Participation in Steering Committee: I do ( X~ / do not (~ (place an "X" mark in the appropriate spot) desire to have my organization represented on the Buffelgrass Working Group Steering Committee. Organizations that desire to have representation on the steering committee agree to provide a representative to said committee (Article V Section E of the MOU.) Date Richard C. Brusca Executive Program Director Regular Council Meeting -January 5, 2010 -Page 56 of 108 EXECUTION PAGE FOR ARIZONA STATE PARKS BOARD -Ref No. PRUB-087 Authorfty to Enter Into This Memorandum Of Understanding (MOU): Arizona Revised Statutes (A.R.S.) 41-511.04(b) and A.R.S. ~ 41-511.05(2) authorities tv enter inw ugrc:ements Special Conditians Statement Options: Steering Committee representative will be the Primary Contact below. Primary Contact: Joanne Robert, Resource Ecologist, Natural Resource Section, Arizona State Puy ks Board, P. D. Bax 7549, 2980 Hwy 90, Benson, AZ 85602; phone (520) 586-4139,- fax (520) 556-4713, and email jroberts~a?azstateparks.gov Participation in Steering Committee: I do (X) / do not (___, {place an "X" mark in the appropriate spot) desire to have my organi~.ation represented on the Buffelgrass Working Group Steering Committee. Organizations that desire to have representation on the steering canunittee agree to provide a representative to said committee (Article V Section E of the MOU.) K Travous, Executive Director Da e Regular Council Meeting -January 5, 2010 -Page 57 of 108 EXECUTION PAGE FOR Saguaro National Park Authority to Enter Into This Memorandum Of Understanding (MOU): 16 U.S.C.§§1-3 Special Conditions Statement Options: A. Civil Rights During the performance of this agreement, the participants agree to abide by the terms of USDI-Civil Rights Assurance Certification, non-discrimination, and will not discriminate against any person because of race, color, religion, sex, or national origin. The participants will take affirmative action to ensure that applicants are employed without regard to their race, color, religion, sex, or national origin. B. Officials Not to Benefit No member of or delegate to Congress or resident Commissioner shall be admitted to any share or part of this agreement or to any benefit that may arise therefrom, but this provision shall not be construed to extend to this agreement if made with a corporation for its general benefit. Primary Contact: Dana Backer dana backer@nps.gov 520-733-5179 Participation in Steering Committee: I do Lx, / do not (__) (place an "X" mark in the appropriate spot) desire to have my organization represented on the Buffelgrass Working Group Steering Committee. Organizations that desire to have representation on the steering committee agree to provide a representative to said committee (Article V Section E of the MOU.) Date Regular Council Meeting -January 5, 2010 -Page 58 of 108 EXECUTION PAGE FOR PIMA ASSOCIATION OF GOVERNMENTS Authority to Enter Into This Memorandum of Understanding (MOU): Authorized by action of the PAG Regional Council on May 15, 2008 Special Conditions Statement Options: Mot Applicable Primary Contact: Dennis Dickerson S20 7921093 dickerson@pagnet,org Participation in Steering Committee: I do (_X } ! do not {_) {place an "X" mark in the appropriate spot} desire to have my organization represented on the Buffelgrass Working Group Steering Committee. Organizations that desire to have representation on the steering committee agree to provide a representative to said committee (Article V Section E of the MOU.) By G, es xe tiv Di actor Da e 1 Regular Council Meeting -January 5, 2010 -Page 59 of 108 tXi°:C.E.'7'lC)N N11G1~; 1~C)IZ 1'Il~1~1 C't)t.iN r4' :ltttiatrritr tss F:ntcr Ma3tco '1`hi4 ~3~'marandum t-i' l.lndrr~tan~iin;; (MUL`): t'it<;€t:TturT, 1'ittt~7 ['t~t!rtti 13:lG1r~1 ; ' tiuE~~t't ist>rs :ti}~eriaJ C'{inclitiuns titstcnacttt € }J~tintas: t fiti5 ~Jcti"'t.C:t;i'alTl] i:il ~ !3C}t'I':~t,S3izattt~ !:+ })Urc}~ ata'31r~11t~?Itil~ .Slti} i}~.tC'_l' 11t}t hlrtd }~illlti 3, ~tLtfi§\ :ts t";.1?~iCtCJ JU!?t15 ()Y 18~:°. •-?tJte'r `eaCtltlraS, 1'€tl;a 4 nt,t~!~; tJast'~ rTt:t hclir•~: ~13~t tht: prta~isiitn5 ctJ :l.l{.ti. , ix-~11 tsr!hc' 1"kl'i~1f~3t~11'~ ~:! .-1 ~{.4. ti ~:?--..'. 1-~ ,.€t`~~~k If) l}l0 trrra3tS t)} thSS 1~lttl3{?l`211t{1ttCl3 fiJ` T'ritaa.irti C'{.antacf(s}: ~~3,~ Fiii(4}\ti,'., t~ttTtil ~.f?Utttb #'.it3~r:21 It~;;f>ttrce~. }'ark~raa3d Rceretaii{m I)epartrnertt ~l.ir~~, JJtti:it~t 1'itt,~t f_'f~tu3t1. 1)c=.i~spT3t~ttt tiervi~~:s [){:;~c3rtTtTZrtt i'tartirip~ti{-n in atrerin~; C:'ulaln,ittce.. tJcl t _\ i ' ~Jt~ ruit ( .} tpl:ace at3 °X" tttarl iTt ti3c a~~}'rt'tsl3riat~ s}?{tt) ~I,•-t,•~ t{t }tart mt t>r~yzua€latt{ln repm~ente{1 ilri thrr iu~'tcl);rGt~ 1~{>rG~irt~ tiY{,x,17 St.L;•rtlT~ C'{7Tt3Tt3ittet'. C)r~anir..ati{m~ that dcsirc !u hatit; 3t.'t.°3't'~t'Ttt<211t.>i] ttis tht ~t~crtlts:: ~:=t~tntitt<e agree tts }3r~svii.}e :~1 rl'~3rl:~Crltiltll'4' tt? said ,;:sTt11i1SttL:: ~:1rti.;JL• ~`1 `,• ~.si t}t~' i.J~:?t.) ._ _. I ,~:}3ztrd J:Jia~. C~`hairt3t:aat 711,`!x`3 i'=<~t:, d. {?u€t€, Jac>:tr~J fit, `~ta1?ti~ :;<,, TN!'+ ist t?.;1.Y OF ~luiy , 20Qf3 ,. ,~` __ , _i~ ~~.. 1 E~t•t (:ft{Jt~s137~t`t. {.'1i:3°J: c,+i'the 13='<aril r .-~t)e~~;i, (''nutttt ;~uttrnt} Regular Council Meeting -January 5, 2010 -Page 60 of 108 RESOLUTION NO, 2008- ~ gg RESOLUTION OF THE PIMA COUNTY BOARD OF SUPERVISORS TO SIGN THE SOUTHERN ARIZONA BUFFELGRASS WORKING GROUP MEMORANDUM OF UNDERSTANDING WHEREAS, Pima County's natural resources are facing severe impacts from the harmful invasion of buffelgrass (Pennisetum ciliare), ahighly-invasive non-native grass species; and WHEREAS, these impacts include changing the natural structure and function of the Sonoran desert ecosystem by out-competing native vegetation, increasing the size and frequency of wildfires in an ecosystem that is not fire-adapted, and the ability to invade into pristine desert areas; and WHEREAS, these impacts could result in damage to Pima County's natural environment, economy and human health by: (1) decreasing native flora, including saguaros, palo verdes, and spring wildflowers; (2} decreasing native habitat productivity and biodiversity; (3) increasing the threat of wildfire to life and property; (4) altering landscapes that affect visual aesthetics and conservation priorities; and (5) impacting Pima County's desirability as a tourism destination; and WHEREAS, the distribution and density of flammable buffelgrass populations have spread rapidly to become aregion-level problem that will require coordinated and targeted education, monitoring and control efforts of all public lands managers and private landowners within Pima County; and WHEREAS, Pima County's buffelgrass management efforts would be best served through cooperation with federal, tribal, state, and local partners; and WHEREAS, the Southern Arizona Buffelgrass Working Group has formed to address the issues of planning, education and outreach, monitoring and mapping, and treatment and control of buffelgrass with an interagency scope and at the regional scale through its Buffelgrass Strategic Plan. NOW, THEREFORE, UPON MOTION DULY MADE, SECONDED, AND CARRIED, BE IT RESOLVED THAT: 1. The Southern Arizona Buffelgrass Working Group Memorandum of Understanding for the purpose of furthering Pima County's role in interagency Resolution Approving Buffelgrass Memorandum of Understanding Page 1 of 2 Regular Council Meeting -January 5, 2010 -Page 61 of 108 cooperation and coordination of buffelgrass species management is hereby approved. 2. The Chairman of the Board is hereby authorized and directed to sign the Memorandum of Understanding on behalf of the Pima County Board of Supervisors. 3. The various officers and employees are hereby authorized and directed to perform all acts necessary and desirable to give effect to this Resolution. PASSED, ADOPTED AND APPROVED this Richard Elias, Chatrman 7/1/08 Pima County Board of Supervisors lst day of~~1Y 2008. A TE Lon Godoshtan, Clerk of the Board APPR S County Attorney Resolution Approving Buffelgrass Memorandum of Understanding Page 2 of 2 Regular Council Meeting -January 5, 2010 -Page 62 of 108 EXECUTION PAGE FOR SONOR.AN INSTITUTE Authority to Enter Into This Memorandum Of Understanding (MOU): Deputy Director of Operations Special Conditions Statement Options: None Primary Contact: Cheryl McIntyre Participation in Steering Committee: I do (X) / do not ~) (place an "X" mark in the appropriate spot) desire to have my organization represented on the Buffelgrass Working Group Steering Committee. Organizations that desire to have representation on the steering committee agree to provide a representative to said committee (Article V Section E of the MOU.) By ~~ 1 2R' 08' Date Regular Council Meeting -January 5, 2010 -Page 63 of 108 rxl;c:uTtot~r P~c.Ir col;; tISDA,1~`orest Servire Coranadn lational Purest Aulharity to Enter Into'I'his i1~Ietnarundurn C)f'tinderst.tnding (v10t?): A stau-tory authority is nat required For the t~orest Service to enter into :t Menx~randum al' U-ulerstancling. Specirtl Canditions Statement Options Primary Contt~ct: Kent C. L-"]J~:tt, Range i'ragrrttn Manager Coronado \:ttional rorest 300 W. Congress `T'ucson AZ i357U ) Nhane: 52p.388.8372 FAX: 520.388.8305 E-vlaii: kellctt@fs.fcd.us I'ttrtici)ttttian tit Steering Camntittce: t do (~) / do oat (_..) t placi: an "X" mark in the :,ppropriatc spot) desire to have my arganizatian r~prescnted an the Buffi;tgrass Working Group Steering Cinnmittee. Or~~ttnizations that cit~sira to have representation <~n the steering rommittce unrec to provide a rtrpresentative to said t:amntittce (rtrticle V Section E ctf the iV10ti.) t7V ~ tE.. TK.i-.s ct`_,~' !Y ',r ~r ,fc.~f (£~~ls~?f!t• L) j jt.3Jc-C~'._.~s --7. JL" .11E A. DER.B`,' ~ Date forest Supervisor "1'h~ ~ulthority and format of this :\~rcernent has been reviewed and aPprovecl Car signature. ~? p rX ~ c~t~t1 ~ORE1C MORRIS DA 'E f~S Agreements Caardinator Regular Council Meeting -January 5, 2010 -Page 64 of 108 ADOPTED BY TF-IE MAYOR AND COUNCIL November z5 2008 RESOLUTION NO. 21 ~~~ RELATING TO BUFFELGRASS MITIGATION; AUTHORIZING AND APPROVING THE EXECUTION OF A MULTI-JUR15D1CTlONAL MEMORANDUM OF UNDERSTANDING TO FACILITATE EFFECTIVE - RESPONSE AGT10~15 TO CONTROL OR PREVENT THE SPREAD OF BUFFELGRASS; AND DECLARING AN EMERGENCY. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OE TUCSON, AF2IZONA, RS FOLLOWS: SECTION 1. The Mu(ti-Jurisdictional Memorandum of Understanding between the City of Tucson and the Arizona Department Of Transports#ion, Arizona Native Plant Society, Arizona-Sonora Desert Museum, Arizona State Parks Board, United States Bureau Of Land Management -Tucson Field Office, City of Tucson Urban Planning and Design, The National Parr Service Saguaro National Park, The Pima Association Of Governments (PAGE, Pima County Department Of Natural Resources, Pima County Parks and Recreation, Pima County Development Services Department, Rural Metro Corporation, Sonara~i Desert Weedwackers, Sonoran Institute, Tohono O'Odham Nation, The University Of Arizona Cooperative Extension, The University Of Arizona Office Of Arid Land Studies, The University Of Arizona School Of Natura( Resources, The United States Department Of Agriculture forest Service - Regular Council Meeting -January 5, 2010 -Page 65 of 108 Coronodo National Forest, 1`he United States Geological Survey and subsequent signatories for the Buffelgrass Working Group, attached hereto as Attachrrtent °A", is approved. SECTION 2. The Director of the City's. Department of Urban Planning. and Design, or his designee, is authorized and directed t~ execute the Multi- Jurisd~tioc~al Memorandum of Understanding on behaif of the City of Tucson, and tho City Cierk is authorized and directed to attest thesame. SECTlQ(~ 3. The various City officers and employees are authorized and directed to perform all acts necessary or desirabie to give effect to this resolution. SECTION 4. WHEREAS, it is necessary for the preservation for the.. peace, health and safety of the City of Tucson that this reso{ution become immediately effective, an emergency is hereby declared to exist, and this resolution shat( Eye effective immediately upon its passage and adoption. PASSED, ADAPTED AND APPROVED by the Mayor and Council of the City of Tucson, Arizona ~aoV~~b~r 25, 2008 ATTEST: __~ ~ __~ CITY CLERK r _~ -, '~ ,' MAYOR APPROVED AS TC} FORM: REVIEWED BY: ~_~ z L ~~_., ,, ~~~ C(TY ATTOR[VEY CITY . ANAGER LK/k~/111512Qt}8 9:48 :AM ~4d216Q3.DOCJ} Regular Council Meeting -January 5, 2010 -Page 66 of 108 EXECUTION PAGE FOR TOWN OF MARANA Authority to Enter Into This Memorandum of Understanding (MOU): Authorized by action of the Marana Town Council on January 5, 2010. Special Conditions Statement Options: This Memorandum of Understanding is purely aspirational and does not bind the Town of Marana to expend funds or take other actions. Primary Contact: Janine Spencer, Environmental Project Coordinator, Town of Marana Jennifer Christelman, Manager, Environmental Engineering Division, Town of Marana Participation in Steering Committee: I do (X )1 do not (~ (place an "X" mark in the appropriate spot) desire to have my organization represented on the Buffelgrass Working Group Steering Committee. Organizations that desire to have representation on the steering committee agree to provide a representative to said committee (Article V Section E of the MOU.) APPROVED BY THE MARANA TOWN COUNCIL THIS 5TH DAY OF JANUARY, 2010. By (Ed Honea, Mayor) Date: Regular Council Meeting -January 5, 2010 -Page 67 of 108 ~""~ ~~~ YA9fR ^?r' AkRfN4.. 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, January 5, 2010, 7:00:00 PM To: Mayor and Council Item C 6 From: Barbara Johnson ,Public Services General Manager Strategic Plan Focus Area: Community Building Subject: Resolution No. 2010-05: Relating to Utilities; authorizing the Town Manager or the Town Manager's designee to take all actions on behalf of the Town that are necessary or prudent to facilitate the provision of public utilities to the airport sewer lift station and septic system and to buildings and sites located on the grounds of the Marana Regional Airport, including without limitation the execution of an electrical right-of- way easement across the Marana Regional Airport to provide electrical service to the airport sewer lift station Discussion: Trico Electric Cooperative requires an easement across Marana Regional Airport to provide electrical power to a new Marana sewer lift station. Normally this type of request would be addressed administratively, but Town staff does not have general authority to deal with utility issues of this type at the airport. Approval of the resolution accompanying this item will grant the Town Manager or his designee broad authority to take necessary or prudent action on the Town's behalf to facilitate the provision of public utilities at the airport. This will promote the efficient operation of the airport and the Town's facilities located there by giving the Town Manager authority to make utilities decisions at the airport without having to get Council approval for each individual decision. If approved, this item will authorize the Town Manager or his designee to sign the electrical right-of-way easement requested by Trico and to do anything else that is necessary or prudent to facilitate the installation of public utilities at the Marana Regional Airport. The backup materials for this item include Trico's letter requesting the easement, the easement itself, and a map of the easement. ATTACHMENTS: Name: Description: Type: ^ A...rport Lift Station Reso (00018550-2).DOC Airport utilities installation authorization reso Resolution D Trco airport easement Trico airport easement letter and materials Backup Material letter and materials Regular Council Meeting -January 5, 2010 -Page 68 of 108 (00018546).PDF Staff Recommendation: Staff recommends adoption of Resolution No. 2010-05. Suggested Motion: I move to adopt Resolution No. 2010-05, authorizing the Town Manager or his designee to take all actions on behalf of the Town that are necessary or prudent to facilitate the installation of public utilities at the Marana Regional Airport. Regular Council Meeting -January 5, 2010 -Page 69 of 108 MARANA RESOLUTION N0.2010-05 RELATING TO UTILITIES; AUTHORIZING THE TOWN MANAGER OR THE TOWN MANAGER'S DESIGNEE TO TAKE ALL ACTIONS ON BEHALF OF THE TOWN THAT ARE NECESSARY OR PRUDENT TO FACILITATE THE PROVISION OF PUBLIC UTILITIES TO THE AIRPORT SEWER LIFT STATION AND SEPTIC SYSTEM AND TO BUILDINGS AND SITES LOCATED ON THE GROUNDS OF THE MARANA REGIONAL AIRPORT, INCLUDING WITHOUT LIMITATION THE EXECUTION OF AN ELECTRICAL RIGHT-OF-WAY EASEMENT ACROSS THE MARANA REGIONAL AIRPORT TO PROVIDE ELECTRICAL SERVICE TO THE AIRPORT SEWER LIFT STATION WHEREAS The Town of Marana is constructing a new sewer lift station and septic system at the Marana Regional Airport; and WHEREAS Trico Electric Cooperative ("Trico") requires the Town to grant an easement across the airport property in order to provide electrical power to the lift station; and WHEREAS the Town Council finds that it is beneficial to grant the Town Manager or the Town Manager's designee the authority not only to execute the requested easement but also to undertake all other actions on behalf of the Town that are necessary or prudent to facilitate the installation of public utilities at the Marana Regional Airport. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that the Town Manager or the Town Manager's designee is hereby authorized to take all actions on behalf of the Town of Marana that are necessary or prudent to facilitate the provision of public utilities to the airport sewer lift station and septic system and to buildings and sites located on the grounds of the Marana Regional Airport, including without limitation the execution of an electrical right-of--way easement across the Marana Regional Airport to provide electrical service to the airport sewer lift station. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 5th day of January, 2010. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regular Council Meeting -January 5, 2010 -Page 70 of 108 {00018550.DOC / 2} when recorded TRICO ELECTRIC CO.OP INC. P.O. BOX 930 miaii to: MARANA ARIZONA 8S6S3 ELECTRICAL RIGHT OF WAY EASEMENT WORK ORDER: 42247 (C1.110) KNOW ALL MEN BY THESE PRESENTS: That the undersigned THE TOWN OF MARANA. A MUNICIPAL CORPORATION, referred to as "Grantor", for the consideration of Ten and No/100 Dollars, and other considerable considerations, the receipt of which is hereby acknowledged grants unto TRICO ELECTRIC COOPERATIVE, INC., a corporation, referred to as "Grantee", and to its successors or assigns, aright- of-way easement under and across and the right to enter upon the land of the undersigned, described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF and the right to locate, construct, operate, repair, maintain, and replace thereon, underground electric distribution facilities together with all appurtenances necessary or convenient thereto. Grantee may permit the installation of communication wires and fixtures of other companies and may permit said companies right of access to service and maintain said wires or fixtures. Grantee shall have the right to trim or clear away all trees, brush, and plant growth on said easement and right-of-way. Grantor grants to Grantee, for the consideration set forth herein, the right of ingress and egress to and from said easement and right-af--way described herein, over and across existing private roads owned by Grantor and which provide a reasonable and convenient access to the easement described herein, and if no such roads exist, then on such route which shall occasion the least damage and inconvenience to the Grantor. Grantor covenants and agrees that he shall not erect, construct, or place or in any way permit any house, building, stable, corral, mobile home, or any structure whatsoever to be erected, constructed, placed or to remain on the easement and right-of--way granted herein nor shall he use said easement in any manner inconsistent with Grantee's rights hereunder. Grantor covenants that he is the owner of the above-described land and that said land is free and clear of encumbrances and liens, except the fallowing liens and encumbrances held by the fallowing persons: Grantor shall not grant any other easement and/or right-of--way on, under, or over said strip of land without first having secured written consent of Grantee. it is further understood that, whenever necessary, words in the singular shall be construed to read irr the plural, and wards used in the masculine gender shall be construed to read in the feminine or neuter Regula~~~il Meeting -January 5, 2010 -Page 72 of 108 1 IN WITNESS WHEREOF, the undersigned set his hand this day of .2009. The Town of Marana A Municipal Corporation sy: Title: STATE OF ARIZONA ) ss COUNTY OF On this, the day of , 2009, before me, the undersigned Notary Public personally appeared known to me to be the person(s) whose names} is/are subscribed herein and acknowledged that they executed said document for the purposes set forth therein. IN WITNESS WHEREOF, I have hereunto set my hand and offtcial seal. NOTARY PUBLIC My Commission Expires: Regular Council Meeting -January 5, 2010 -Page 73 of 108 2 EXHIBIT ~~A" An easement 20.00 feet in width situated within that portion of the North Half of Section 10, Township 12 South, Range 11 East of the Gila and Salt River Base and Meridian, Pima County, Arizona, lying 10.00 feet on each side of the following described centerline; Commencing at the West Quatter corner of said Section 10, said point being a brass cap in a hand hole at the monument line intersection of Avra Valley Road and Sandario Road; Thence North 89 degrees 24 minutes 41 seconds East, along the East-West mid-section line of said Section 10, said line also being the monument line of Avra Valley Road, a distance of 3693.66 feet to Point "A"; Thence from said Point "A", North 00 degrees 35 minutes 12 seconds West, a distance of 473.07 feet to a point labeled #1; Thence North 12 degrees 37 minutes 57 seconds West, a distance of 121.10 feet to a point labeled #2; Thence North 26 degrees 24 minutes 36 seconds West, a distance of 96.40 feet to a point labeled #3; Thence continuing North 26 degrees 24 minutes 36 seconds West, a distance of 7.44 feet to a point labeled #4;. Thence North 38 degrees 14 minutes 28 seconds West, a distance of 87.68 feet to a point labeled #5; Thence North 44 degrees 53 minutes 27 seconds West, a distance of 736.78 feet to a point labeled #6; Thence continue North 44 degrees 53 minutes 27 secands West, a distance of 837.14 feet to a point labeled #7; Thence continue North 44 degrees 53 minutes 27 seconds West, a distance of 825.91 feet to a point labeled #8; Thence continue North 44 degrees S3 minutes 27 seconds West, a distance of 20A0 feet to a point labeled #9, and the TRUE POINT OF BEGINNING of said centerline; Thence continue North 44 degrees 53 minutes 27 seconds West, a distance of 1480.00 feet to the TERMIlVUS OF SAID CENTERLINE of easement. 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CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, January 5, 2010, 7:00:00 PM To: Mayor and Council From: Jocelyn C. Bronson ,Town Clerk Strategic Plan Focus Area: Community Building Item C 7 Subject: Resolution No. 2010-06: Relating to Bingo Licenses; recommendation to the State Department of Revenue regarding a Class A bingo license application submitted by Aileen Fundingsland on behalf of Heritage Highlands, located at 4949 W. Heritage Club Boulevard Discussion: This application is for a Class A bingo license at Heritage Highlands, 4949 W. Heritage Club Drive. Pursuant to A.R.S. § 5-401, this application must be approved by the local governing body within 45 days of receipt from the Department of Revenue, which is the licensing authority for bingo licenses. The application was received by the Town Clerk on December 18, 2009. Following receipt of the application and the hearing, the local governing body shall recommend approval or disapproval of the application and forward the original or a certified copy of the application endorsed with its approval or disapproval to the licensing authority. If the application is disapproved by the local governing body, the endorsement shall contain the specific reasons for disapproval. ATTACHMENTS: Name: ^ Bngo.license_application Heritage_Highlands t000.1.86761.DOC Staff Recommendation: Description: Resolution for Bingo License by Heritage Highlands Type: Resolution Staff has reviewed the application which sufficiently demonstrates compliance with the statutory requirements for approval. Staff recommends that an order for approval be submitted to the Department of Revenue for this Class A bingo license. Suggested Motion: I move to adopt Resolution No. 2010-06, recommending approval of a Class A bingo license application submitted by Aileen Fungingsland on behalf of Heritage Highlands, located at 4949 W. Heritage Club Boulevard. Regular Council Meeting -January 5, 2010 -Page 77 of 108 MARANA RESOLUTION N0.2010-06 RELATING TO BINGO LICENSES; RECOMMENDATION TO THE STATE DEPARTMENT OF REVENUE REGARDING A CLASS A BINGO LICENSE APPLICATION SUBMITTED BY AILEEN FUNDINGSLAND ON BEHALF OF HERITAGE HIGHLANDS, LOCATED AT 4949 W. HERITAGE CLUB BOULEVARD WHEREAS pursuant to A.R.S. § 5-404, the Town Council of the Town of Marana is empowered to consider and approve or disapprove requests for a Department of Revenue Bingo License; and WHEREAS the Town Council has determined that it is in the best interests of the Town and its citizens that approval be granted for a Class A Bingo License to Heritage Highlands to be used at 4949 W. Heritage Club Boulevard for the purpose of providing bingo games as a recreational activity to its homeowners. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, that the application by Aileen Fundingsland for a Class A Bingo License for Heritage Highlands located at 4949 W. Heritage Club Boulevard is hereby approved and a recommendation for approval shall be sent to the Department of Revenue. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 5`" day of January, 2010. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Regular Council Meeting -January 5, 2010 -Page 78 of 108 {00018676.DOC /} ~~~ REGULAR COUNCIL MEETING MINUTES 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, December 15, 2009, at or after 7 alts PM Ed Honea, Mayor Herb Kai, Vice Mayor Russell Clanagan, Council Mcmhrr Patti Comerford, Council I~1embcr Carol McGorray, Council ~ t c tuber Jon Post, Council Nl~mhrr Roxanne Ziegler,°~Cou n c i l i~ 1 c m bc,- REGULAR COUNCIL M F ET I NG CALL TO ORDER AND ROLL CALL Mayor Honea called the meeting to order at 7:O1 ~.m. All Council ]embers were present except Council Member McGorray who way rzcuscci. PLEDGE OF ALLEGIANCE/1NVOCATION/f~10Ml~NT Oh SILENCE Led by Mayor Honea. APPROVAL OF AGEND,~ Motion by Vice Mayor Aai to accept the agenda rti•itlt the following changes: Presentation P2 is first, P3 second and PI third. ,Secnnd by Council Member Zeigler. Motion carried unanimously 6-(1. CA)~,L TO THE PUBLIC No speahi: rs ~~-ere present. PRESENTATION S P 1: Presentation: IZelntin`~ to Code Compliance; discussion and direction regarding proposed amendments to Title I ul the Marana Town Code establishing the position of code compliance officer; defining the pusition of code compliance officer; establishing the authority of code compliance officers; and adding Chapter 1-9 entitled "Code Compliance" Presented by Ms. Fairall. Motion to direct staff to bring this item back to Council at the January 5, 2010 meeting moved by Council Member Comerford, second by Council Member Ziegler. Motion carried unanimously 6-0. P 2: Presentation: Relating to Personnel; discussion and consideration of proposed amendments to the Town's Personnel Policies and Procedures; revising Chapter 4 - Employment Benefits Regular Council Meeting -January 5, 2010 -Page 79 of 108 Presented by Ms. Machain. Motion to bring back to Council at the January 5, 2010 meeting moved by Council Member Comerford, second by Vice Mayor Kai. Motion carried unanimously 6-0. P 3: Presentation: Relating to Municipal Court; discussion and direction regarding proposed amendments to Town Code Chapter 5-7 entitled "Civil Town Code Violations"; modifying procedures for commencement of action for civil violations of the Town Code; modifying procedures for service of civil code complaints; modifying provisions regarding civil sanctions for civil code violations; and making certain other clarifications regarding the types of judges who may hear appeals and order abatement in civil code violation cases Presented by Ms. Fairall. Motion to direct staff to bring back this item at the January 5, 2010 meeting moved by Council Member Comerford, second by Coruicil aic~mber Ziegler. Motion carried unanimously 6-0. ANNOUNCEMENTS/UPDATES PROCLAMATIONS MAYOR AND COUNCIL REPORTS: SUMMARY O I- C U K P E.N T EVENTS Council Member Comerford reported on the state of her h e a I t h and thanked Council and members of the public for their good wishes while she was in the hospital. Mayor Honea reported on the ribbon cuttin~~ on December 1 ~, ?00) far the Ritz Carlton. He noted that the opening of this facility will t~pen up ahout ~~O jobs right now. MANAGER'S REPORT: SU1l'llt~(ARY OF C U R IZ ~. N T E\' ~N TS Gilbert Davidson reported on the town closures on llecemhcr 25 and January 1. The next regular Council meeting ~~ it I he January 5, 2010 anal there will be a special session on January 12 beginning at 6:00 h.m. He also noted that a draft budget schedule was placed on the dais. He noted that there min he some modifications. It's fairly intensive schedule with a number of public study sessions each month. The process has already begun internally with staff collecting data and inl•cn~mation. The Council Executive Report is also on the dais and is part of the record. Mr. Davidson noted that he was proud to have been nominated as the president- elected o}~ the city/county manager's association next year. The final vote will be in February at the statewide meeting. He would sc;r~ e as president of the association over the next two years. Council Member Clanagan acknowledged David Wong from Phoenix, a member of and candidate for the Corporations Commission. STAFF REPORTS CONSENT AGENDA GENERAL ORDER OF BUSINESS Motion to approve moved by Council Member Comerford, second by Council Member Clanagan to approve. Motion carried by way of a roll call vote 6-0. C 1: Ordinance No. 2009.25: Relating to Business Regulations; making further amendments to Title 9 of the Town Code to provide for business licenses to be administered by a license inspector designated by the Town Manager rather than by the Town Clerk; and declaring an emergency Regular Council Meeting -January 5, 2010 -Page 80 of 108 C 2: Resolution No. 2009-198: Relating to Development; approving a final plat for The Gallery Parcel s comprised of 49.7 acres in Dove Mountain C 3: Resolution No. 2009-199: Relating to Development; approving a final plat for The Heritage Park Shoppes C 4: Resolution No. 2009-200: Relating to Development; approving a release of assurances for Willow Ridge Commons Block A and acceptance of public improvements for maintenance C 5: Resolution No. 2009-201: Relating to Municipal Court; approving and authorizing the Mayor to execute an intergovernmental agreement with Pima County t~>c ~ ideo-court hearings of Marana Municipal Court prisoners being held at the Pima Crnrnty .adult Detention Center; and declaring an emergency C 6: Resolution No. 2009-202: Relating to the Police Departrnutt; authorizing the execution of a grant agreement with the Arizona Criminal Justice Commission for funding ~~izrana's participation on the 2009-2010 Southern Arizona DL I Tash [=orce C 7: Resolution No. 2009-203: Relating to Real Estate; reclassifying and designating a portion of Marana Heritage Park as "Heritage Park Drive Extensic>n" public right-of-way C 8: Minutes of the December 1, 2009 regular c~trncil meetin~~ COUNCIL ACTION A 1: PUBLIC HEARING: Ordinance No. ?0O<).?(~: Relatiu~ to Development; approving a rezoning for Northwest Commerce Park of appro~irnately 5 ~.~ acres of land located south of Ina Road and west of 'I'hr>rn~ dale Road on both sides of Regency Plaza Street Presented by Lisa Shafer. Vice 1\layor Kai asked what other types of uses are allowed under heavy industrial. Would ~r ~~a~;te transfer station. a gravel processing or separation operation be allowed. I s that sum ~t h i n ~ ~ ~~ e n e~ d t o a l l o ~~ or not allow under HI? Ms. Shafer responded that there arc same issues in that area that staff has been addressing with the developer. She noted that~~estrictions can be put can uses. In the site analysis presented to Council they have listed what types of rases that they ~~ i I t not he allowing. Staff can put extra security on that. John Gutierrez, 1 ~ 151 N. Tailwind Drive, is a property owner adjacent to the site on Camino Martin. He is familiar with t h e property next door and stated that in light of what's there, it's a good use of the propcrt~~ and he supports it. Regency Drive has the infrastructure there. He stated that he worked on ('amino Martin for a nice project compared to what's in the area. He hopes that what would be there would be conducive to what he's done. His comment was that he upsized the water main for the benefit of everyone on Camino Martin - it was part of doing business. This property abuts heavy industrial. One of the problems with the original Camino Martin as it grew over time was a lack of access or altered access. He wanted to make sure that the condition is there that the alignment for Jeremy -that if at some point an improvement district was to be formed for the Camino Martin area to cross that gunite ditch - that the developer can in their alignment create at least the road and the frontage up to that point. If it's not put in place, like Regency never aligned with anything, it's so expensive later on to fix, so right now's your opportunity to try to get those alignments straight, get the infrastructure there so that Camino Martin has access at peak times to get out of that area. Regular Council Meeting -January 5, 2010 -Page 81 of 108 Council Member Post noted that depending on what goes in that bottom lot, Camino Martin is a little bit tapped out as far as the road is concerned. Would there be any leeway to go back and have it repaved? Ms. Shafer explained that the property to the south is very restricted. There's an erosion hazard setback issue and a huge electrical line that takes up almost half of it. It's very limited as to what you' d be able to do with it. You' d have to go through a development plan process to see what is required. As for Jeremy Place, condition 7 in the staff report -right now with what they've looked at with the preliminary traffic analysis, Jeremy Place doesn't look like it will be needed - it will be a necessary cut through, but we've left it in that the developer will dedicate 60 feet of land for future right of way for the connection of Jeremy Place if deemed necessary based on the review of future traffic impact analysis by the traffic engineering department, so we didn't want to take it off the table c~ ~ m h l rx~• l y - we wanted to leave some security in there in case it was needed and they've agreed to that. Mayor Honea asked about the crossing over the Carmack Wash. This area is really difficult to get in and out of. If we started putting more business and traffic. arc we ~Toing to be looking at stoplights on Thornydale or Ina? It's pretty tough now, and ifs uu put sums really high volume businesses in there, it's going to be pretty difficult, and I' nr a little concerned about having thousands of automobiles and not adequate ingress or in`?r~s~ car lighting to get in and c}ut of these projects. Keith Brann addressed Council regarding a rezone that ti~~as nu~~ ing through channels where there was going to be a possible Sam's Clut~ and Wal-Mart at this location. That was the type of use that would have given the traffic generation that you i car. And iit that instance, we were considering such things as signalization of Rc~~cncy Plaza. re~~li`~ned LZegency Plaza with Oldfather, and CDO crossings at that time. The use that is hart ol~this rezone and the restrictions on the uses of 1~hat they will do has thruu~~h their traffic study drastically dropped the amount of traffic generated. As a result of that, were not looking at signalizing Regency Plaza at either Thornydale or 1 na: however, we are Looking at indirect left, additional median openings on Ina Ruad so that tra(I is leaving Regency «~ould be able to turn right, do a U turn just down the road and ~~~c'rc Koine t~, handle trai~fic that way. And in lieu of signalizing Regency - that is one. of the reasons ~rhti~ althou~~h we're pursuing the right of way for Jeremy Place, we are not pursuing, the road~~~av connection at this time. Because today Camino Martin can turn ri~~ht or cross the rne~lian of Lna and do U turns so a connection at Jeremy Place wouldn't gain them anything except another U turn and access point. Also, we don't have the right of Tay tirr the entire Jcrenty Place. We would have to condemn right of way to make that connection. So through this rc~one we are getting the right of way necessary to keep that avenue open sh c ~ u I d we e ~ r r g o down that road. But the political ramifications of realignment of Regency Plaza with C)Idf~~ther were great. Many businesses are due south of Oldfather, and that would have required condemnation through there. The lower use is a good use of the property without creating these n udue burdens on Ina or Thornydale. We think we can handle it with additional U turns and median openings. Mayor Honea recalled trying to connect the Costco center with this center because there's so much retail there. He expressed his concern about present and future problems there. Mr. Brann conceded and stated that as they develop additional uses in those areas we would look at them through their individual traffic studies, and if they did warrant those types of things, there is the ability to put a tight signal in at Regency and Thornydale. It would be a substandard signal, less than what our requirements are, but it would be feasible and it could be timed with the Thornydale/Ina signal. It would not be our preference unless a use created that it could be Regular Council Meeting -January 5, 2010 -Page 82 of 108 done. The crossing of the CDO, affectionately called the Hurvie Davis Boulevard crossing because it was first envisioned by Hurvie Davis, was something that along with the Oldfather connection of Regency and realigning the whole thing, that we were basically handed by the county in the annexed area, that was also a use that was driven by the high intensity of a possible Wal-Mart and Sam's Club at that location. With the lower use, that's also something that's not warranted. And even during the time period during the Wal-Mart and Sam's we were concerned that making that connection while creating a good back circulation for the Wal-Mart area with the Costco area, it would still possibly even overburden the Costco loop and the signals with Thornydale, so it would create back circulation but it may have brought a whole host of other problems to the signalization on Thornydale. So with this project and these uses it is being put the rest. We are not looking for a right of way to extend tc~ a CDO crossing because of the low intensity uses. If they were to bring forward uses c~1 ~t higher intensity, we would first look to how we address their connections on Thornv~lale or ]na but we're not looking for a wash crossing at this point. And originally the v~a~h crussin`~ was always envisioned as an at-grade crossing, and we weren't vets eomlurtable wit} creating another one of those either. And we weren't sure if even a Wal-)\'lart/S<<n~'s Club would lui~ e the wherewithal to afford a bridge crossing. So at this point ~re~ re at no additional crossi~tg the CDO with this use. Mayor Honea declared the public hc~u~in~~ over. Motion to approve moved by Vice Mayor Kai, noting the .~t~{ff'.~ conditions, second by Council Member Comerford. Motion carried u~runim.ously 6-0. A 2: Ordinance No. 2009.27: Relating to Development: aphrovin<~ a modification to the rezoning conditions of Ordinance No. 2006.()5 A 3: Ordinance No. 20U9.'?~: Relating to Deve lopcnent; approving a modification to the rezoning conditions ol~ Orciin<~ncc Nc~. 2006.06 Items A2 and A3 were taken tc~«ether a«d voted ~~pou together. Presented by Lisa Shafer. She noted that she hrought thc~e items forward as perspective for Camino de Mariana and Lambert Lane. On March ~ 1. ?O06. the Counci I adopted two ordinances - 2006.05 and 2006.06. Total they rczon~;d 30 acres ii-om R- I --1.1 to Iz-tiO. Both had the same rezoning condition, restricting total disturbance to 30%, ~cl l eutiements -septic, leach fields, the house disturbance, etc. Each of the properties has multiple property owners. During the platting process each had separate subdivision plats on them and was discovered in 1973 a 30 foot ingress/egress easement was placed on a pv eel a long time ~lgo. Right now the property in the middle of them, that is where they're using their ,cccees. The two subdivisions worked together. They have paved Lambert Lane and come up tluou`~h the middle of the property and have worked hard to reduce the ingress/egress for their Subdivisions. The 30 foot easement along their east and west boundaries was intended for the properties to the north. There's no development there currently, and they may never use the access points depending on how they want to get access to their site. They proposed an increase of their disturbance to 40% which would allow them to count those easements in their disturbance. This would not benefit them, but it could benefit future owners. Staff is recommending that the ordinance condition for both areas be modified. Motion to approve moved by Council Member Post, second by Council Member Clanagan. Motion carried unanimously 6-0. Regular Council Meeting -January 5, 2010 -Page 83 of 108 A 4: Relating to Public Works; approving the acquisition of right-of-way for three roadway crossings over the Cortaro-Marana Irrigation District canal adjacent to the Interstate 10 Frontage Road for the Tangerine Farms Road Improvement District Project, No. 2004-36, and authorizing the Town Engineer to execute all documents and take all actions reasonably prudent to accomplish the acquisition Presented by Frank Cassidy. Mr. Cassidy noted that these CMID crossing acquisitions are needed for the Tangerine Farms Road project. Essentially this was on a previous meeting's agenda as a consent item with a miscalculated purchase price. Once the miscalculation was brought to his attention, he pulled it from the agenda and put it on as ztn action item in case there were questions. Mayor Honea asked if there was clarification on ti here the monies to pay for this came from -were they paid through the improvement district or general fund monies? Mr. Cassidy responded that the source of funding has not } et been clarified as to whether it will come from the Tangerine Farms Road project. "I he recapitulation for the project still has to be brought back to Council, and it may be b}- that tin~c; that funds ~~~ill be available for the project reimbursing the town. However, right no~~ it doesn't look like there is any funding from the bond sale to cover this. Mayor Honea a~~~rin reiterated that the to«~rgwould have to pay regardless of whether there were any funds left in the improvement district. Motion to approve moved by Council Member Clanagau, second by Council Member Ziegler. Vice Mayor Kai and Council Member Yost abstained. Motion curried 4-0. A 5: Resolution No. 2009-204: Presentation: Rclatin~.to Stratc~~ic Planning; approving and authorizing the Town Manager to implement the To~~~n of ~~larana Strategic Plan Addendum; and declaring an emergenc}~ Gilbert Davidson presented and noted that on Nuvcrnber 14, a planning retreat was held to review the accomplishrnent~ of the Strategic Plan cover the past year and also to recognize the changing economic ens ironmcnt that we live in. Through that effort the Council identified a number of modifications and chan~~es tc~ sPe~ific r~bjectives contained within each of the five focus areas. That document i~~ attached as part of the Council packet material for review tonight. 13 asically, staff i s a s k i n `~ that th i s he incorporated into the Strategic Plan document and imp~~mented. Motion to approve moved b~~ Tice Mayor Kai, second by Council Member Post. Motion carried 6-0 upon roll call vote. BOARDS, COMMISS[ONS AND COMMITTEES B 1: Relating to Boards, Committees and Commissions; recommendation for membership and appointment to Citizen Advisory Commissions Presented by Ms. Bronson, who stated that under the procedures adopted by Council in August, two applications -one for the Business and Economic Development Citizen Advisory Commission and one for the Board of Adjustment -were being presented for Council consideration. Ms. Dee Maitland was applying for the Business and Economic Development Citizen Advisory Commission. Mr. Larry Steckler was applying for a position on the Board of Adjustment. Mr. Steckler had previously served on the Board of Adjustment but resigned by his position to take a position on the Parks and Recreation Citizen Advisory Commission. Regular Council Meeting -January 5, 2010 -Page 84 of 108 Under the revised procedures, Mr. Steckler could apply to sit on a citizen advisory commission as well as another board or committee. Mr. Bronson noted that these were the only two applications received. The applications had been provided to Council for review. Staff was asking for Council consideration at tonight's meeting. Mayor Honea called for action. Motion to appoint Dee Maitland to the Business and Economic Citizen Advisory Commission and Larry Steckler to the Board of Adjustment moved by Council Member Clanagan, second by Council Member Ziegler. Motion carried 4- 2 with Council Member Comerford and Vice Mayor Kai voting nay. Ms. Bronson will notify the applicants of their appointments. Prior to the legislative update, Vice Mayor Kai indicated that Ram «"ong was introduced earlier by Council Member Clanagan, noting that he was a candidate for the Corporations Commission and asked if he could have three minutes to speak. iVlr. Cassidy interjected that for the record this would require re-opening Call to the Public. Mr. Won~T thin addressed Council. ITEMS FOR DISCUSSION/POSSIBLE ACTION D 1: Legislative Issues: Discussion/Direction/Action rcgardin« all pending bills before the Legislature Presented by Steve Huffman. He updated Council that Thur~d~iv is supposed to be the beginning of Special Session 5 for this Leg i s I at a rc . N o h i I I ~~ h ~~ ~~ e been introduced yet. There are expected to be three issues up for considcrat ie~n. 'T'he. i~ir~t ~a ill be a package of about $200M worth of budget cttts. As of October, the rc~ cnue projections were about $400M below projections for the fiscal year. There is still about a $1.6B shortfall. The Legislature will also be addressing two additional issues -one will be a referral to the ballot to allow the Legislature to alter voter-protected initiati~ cs and the other will be a referral to the ballot for the voters to approve a one cent sa I c ~ t a ~. The timing on all thi ~ i s not clear. The earliest may be the March election cycle. The sales taz wont really significantly help this fiscal year because of the timing of it but it ~ti~ould start focu~in~= di~~cu,~sion on revenues as opposed to just cuts to try to balance the budget. l~l:~~~or Ilonea asked if he had an idea when final approval to balance the state-budget would come. Mr. Huffman Stated that last year it was July 2, and last year about half a billion dollars were rolled back into this fiscal year. The pressure is mounting on the Legislature and the problems are getting worse not better. The revenue situation doesn't seem to be improvin~~. There are double digit losses month after month. Any cuts they might contemplate become more an~i more complicated as state agencies continue spending money that they don't have. H ~ indicated that the town would be working with partners through the League to not balance .the budget on the backs of cities and towns. EXECUTIVE SESSIONS Mayor Honea indicated that executive sessions were needed for E2, E3, E4 and E5. Motion to go into executive session moved by Council Member Post, second by Council Member Ziegler. Motion carried unanimously 6-0. Council left the dais at 8:03 p.m. Council returned to the dais at 9:18 p.m. Regular Council Meeting -January 5, 2010 -Page 85 of 108 E l: 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 E 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 possible acquisition of certain water infrastructure and accounts and water rights and/or resources E 3: Executive Session pursuant to A.R.S. § 38-431.03(A)(3),(4) and t 7 }. discussion or consultation for legal advice with the Town's attorneys and discussion curl to consider its position and instruct the Town Manager and staff concerning (l j the la~~ suit entitled Town of Marana v. Pima County/Pima County v. Marana (consolidatedl_ ~laricoha County Superior Court No. CV2008-001131, (2) pending legal issues, settlement clisuussions and contract negotiations relating to the transition of Marana wastewater collection aiui treatment to the Town of Marana E 4: Executive session pursuant to A.R.S. § 38~-13J .0 ~(A )l ~ ). (4) and (7) to discuss, receive legal advice, and direct counsel and staff concerning the Cc n u a l ; ~-izona Water ~ onservation District's proposed sale of the Avra Valley Recharge facility E 5: Executive session pursuant to A.R.S. ~ 3~-~t31.03(A)i-1). to consider the Town's position and instruct its attorneys in settlement discus~ion~s with Stantec in orrl~;r to avoid litigation concerning costs incurred by the Town in cimncct ion with an inccxreetly located water line at 10210 North Silverbell Road Mr. Cassidy noted that as discussed in executive .ession, staff requests authorization to accept a $30K offer to settle that dislnite. A•lotion by Curi-fcil Member Post, second by Council Member Comerford. ~1Totiort cat•riecl unanimoush~ 6-0. FUTURE ADEN DA 1'hEM S ADJOU )Z LAMENT Mokun to adjourn by Couruil ilrleniher Post, second by Council Member Comerford. Motion carried ulranimously 6-0. The meeting was adjourned at 9:19 p.m. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on December 15, 2009. I further certify that a quorum was present. Jocelyn C. Bronson, Town Clerk Regular Council Meeting -January 5, 2010 -Page 86 of 108 I..r~L* ~~ 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, January 5, 2010, 7:00:00 PM To: Mayor and Council Item A 1 From: Dorothy O'Brien ,Utilities Director Strategic Plan Focus Area: Community Building ' Subject: PUBLIC HEARING: Ordinance No. 2010.03: Relating to Utilities; amending the Town of Marana comprehensive fee schedule by adopting a groundwater resource/acquisition fee and revising the water base fees and consumption rates effective February 5, 2010, and by revising the groundwater resource/acquisition fee and further revising the water base fees and consumption rates effective February 5, 2011 Discussion: The Town Council adopted a notice of intent to increase water rates, fees and fee components at its December 1, 2009 meeting. If adopted, the ordinance proposed by this item would carry out the increases discussed at the December 1 meeting. The specific changes in water. rates, fees and fee components are set forth in the supporting materials provided at the December 1 meeting and filed with the Town Clerk not later than December 1. Financial Impact: The adoption and amendment of the fees set forth in the proposed ordinance will assist the Marana Utilities Department to operate aself-sustaining water utility. ATTACHMENTS: Name: Description: Type: ^ Water Rates._Revision Ordinance (00018567-2).DOC 2010-11 Water Rates Revision Ordinance Ordinance Staff Recommendation: Staff recommends adoption of Ordinance No. 2010.03. Commission Recommendation - if applicable: The Utilities Commission recommends adoption of the proposed fee revisions. Suggested Motion: I move to adopt Ordinance No. 2010.03, adopting and revising certain water fees effective February 5, 2010 and February 5, 2011. Regular Council Meeting -January 5, 2010 -Page 87 of 108 MARANA ORDINANCE N0.2010.03 RELATING TO UTILITIES; AMENDING THE TOWN OF MARANA COMPREHENSIVE FEE SCHEDULE BY ADOPTING A GROUNDWATER RESOURCE/ACQUISITION FEE AND REVISING THE WATER BASE FEES AND CONSUMPTION RATES EFFECTIVE FEBRUARY 5, 2010, AND BY REVISING THE GROUNDWATER RESOURCE/ ACQUISITION FEE AND FURTHER REVISING THE WATER BASE FEES AND CONSUMPTION RATES EFFECTIVE FEBRUARY 5, 2011 WHEREAS, the adoption of a groundwater resource/acquisition fee and revision of the groundwater resource/acquisition fee, water base fees and consumption rates is necessary for a self-sustaining water utility and is in the best interests of the Town of Marana. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, AS FOLLOWS: SECTION 1. Effective February 5, 2010, the Town of Marana comprehensive fee sched- ule adopted pursuant to Marana Ordinance No. 2009.11 and Marana Resolution No. 2009-87 is hereby amended by adopting a groundwater resource/acquisition fee and revising the water base fees and consumption rates as follows (with additions shown by double underlining and deletions shown by st~il~=tlx~e>~g13) (only added and changed fees are shown; all other fees remain. un- changed): UTILITIES Groundwater Resource/Acauisition Fee $0.30 P rP r 1~QQ $8 88 R r~ AA8 , : -; e s Water Use Charge; Single Family Residences, Consumption between Q~-;88a-and 10,000 gallons (Monthly) $2.32 Per 1,000 gallons SECTION 2. Effective February 5, 2011, the Town of Marana comprehensive fee sched- ule adopted pursuant to Marana Ordinance No. 2009.11 and Marana Resolution No. 2009-87 and amended pursuant to Section 1 of this ordinance is hereby further amended by amending the groundwater resource/acquisition fee and revising the water base fees and consumption rates as follows (with additions shown by ouble underlining and deletions shown by sttil~gk) (only changed fees are shown; all other fees remain unchanged): UTILITIES Groundwater Resource/Acquisition Fee $8~8 Per 1,000 ~Q 4Q allons Reguly~~~~~i~~Qary 5, 2010 -Page 88 of 108 _ 1 _ {00018567.DOC / 2} Water Use Charge; Standpipe/Hydrant Meters (Billed Monthly) $~4 Per 1,000 Hydrant meter 3.43 gallons minimum monthly fee is $65.00. Water Use Charge; Multi-family, Commercial, Industrial, $~6 Per 1,000 Government and Irrigation Uses (Monthly) $3.03 gallons Water Use Charge; Single Family Residences, Consumption $~~ Per 1,000 between 0 and 10,000 gallons (Monthly) $2.46 gallons Water Use Charge; Single Family Residences, Consumption $~4 Per 1,000 between 10,001 and 20,000 gallons (Monthly) $3.43 gallons Water Use Charge; Single Family Residences, Consumption $4~4 Per 1,000 between 20,001 and 30,000 gallons (Monthly) 4.46 gallons Water Use Charge; Single Family Residences, Consumption $a:4~ Per 1,000 between 30,001 and 40,000 gallons (Monthly) $5.50 gallons Water Use Charge; Single Family Residences, Consumption $~4~ Per 1,000 over 40,000 gallons (Monthly) $7.90 gallons SECTION 3. The Town's Manager and staff are hereby directed and authorized to un- dertake all other and further tasks required or beneficial to carry out the terms, obligations, and objectives of this ordinance. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 5th day of January, 2010. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Regulq~jl~~1~~i~~0~~ary 5, 2010 -Page 89 of 108 _ 2 _ {00018567.DOC / 2} ~~~~ ~~~~ .~.~~~ , 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, January 5, 2010, 7:00:00 PM To: Mayor and Council Item A 2 From: Josh Wright ,Assistant to the Town Manager Strategic Plan Focus Area: Community Building, Progress and Innovation Subject: Resolution No. 2010-07: Relating to Intergovernmental Relations; authorizing the Mayor to execute an intergovernmental agreement with Northwest Fire District and Marana Unified School District No. 6 for development review and inspection, facility use and general cooperation Discussion: The Town of Marana has long valued its cooperative relationships with Northwest Fire District (NWFD) and Marana Unified School District (MUSD). The three governments have partnered many times in the past on the development of public and private facilities and continue to work on finding innovative ways to serve their common constituents. This "tri-party" intergovernmental agreement (IGA) is the result of many months of discussion among NWFD, MUSD and the Town to formalize relationships with each other regarding several functional areas, most notably development services and facility use. Currently, the Town uses MUSD facilities generally free-of-charge for its Parks and Recreation programs, and has in the past used NWFD facilities for training purposes. Likewise, both NWFD and MUSD provide a service to Marana residents through locating their facilities within the Town limits. This IGA formalizes the policy and procedural elements related to these services provided among the three governments to each other, as well as any costs that should be incurred as a result. In general, the IGA commits all three governments to waiving development services and facility use charges for each other in an effort to work cooperatively and minimize the overall cost of government to taxpayers. ATTACHMENTS: Name: Description: ^ tri-party_IGA_reso.DOC Reso Approving Tri-Party IGA ^ EX A NWFD-MUSD- _.. _ TOM IGA re. facilities, fees Reso Exhibit A: Tri-Party IGA (00017611 2). DO....C Staff Recommendation: Type: Resolution Exhibit Regular Council Meeting -January 5, 2010 -Page 90 of 108 Staff recommends adoption of Resolution No. 2010-07. Suggested Motion: I move to adopt Resolution No 2010-07, authorizing the Mayor to execute an intergovernmental agreement with Northwest Fire District and Marana Unified School District No. 6 for development review and inspection, facility use and general cooperation. Regular Council Meeting -January 5, 2010 -Page 91 of 108 MARANA RESOLUTION N0.2010-07 RELATING TO INTERGOVERNMENTAL RELATIONS; AUTHORIZING THE MAYOR TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT WITH NORTHWEST FIIZE DISTRICT AND MARANA UNIFIED SCHOOL DISTRICT NO. 6 FOR DEVELOPMENT REVIEW AND INSPECTION, FACILITY USE AND GENERAL COOPERATION WHEREAS the Town of Marana (the "Town") uses Marana Unified School District No. 6 ("MUSD") public facilities for many of its parks and recreation programs and services; and WHEREAS the Town and MUSD obtain development review, permitting and inspection services from Northwest Fire District ("NWFD") for their respective public facilities; and WHEREAS NWFD and MUSD obtain development review, permitting and inspection services from the Town for their respective public facilities; and WHEREAS NWFD, the Town and MUSD seek to establish guidelines relating to the de- velopment and use of public facilities in the town limits of the Town; and WHEREAS NWFD, the Town and MUSD desire to work cooperatively to provide excel- lent governmental services to their common constituents. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, as follows: SECTION 1. That the intergovernmental agreement among the Town, NWFD and MUSD attached to and incorporated by this reference in this resolution as Exhibit A is hereby approved, and the Mayor is hereby authorized and directed to execute it for and on behalf of the Town. SECTION 2. The Town Manager and Town staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations and objectives of the intergovernmental agreement. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 5th day of January 2010. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regular Council Meeting -January 5, 2010 -Page 92 of 108 INTERGOVERNMENTAL AGREEMENT AMONG TOWN OF MARANA, NORTHWEST FIRE DISTRICT, AND MARANA UNIFIED SCHOOL DISTRICT NO.6 FOR DEVELOPMENT REVIEW AND INSPECTION, FACILITY USE, AND GENERAL COOPERATION This intergovernmental agreement ("Agreement") is entered into this day of 2009 by and among Town of Marana, an Arizona municipal corporation ("Town"), Marana Unified School District No. 6, a political subdivision of the state of Arizona ("School District"), and Northwest Fire District, an Arizona special taxing district ("Fire District"). Town, School District and Fire District are sometimes collectively referred to as the "Parties," each of which is sometimes individually referred to as a "Party." I. Recitals A. Town, School District and Fire District may contract for services and enter into agreements with one another for joint or cooperative action pursuant to A.R.S. § 11-952. B. The School District and Fire District are authorized by A.R.S. § 15-342 (13) and A.R.S. § 48-805 (B) (17) (a), respectively, to enter into intergovernmental agreements and contracts with other governing bodies as provided in A.R.S. § 11-952. C. Town and School District are authorized by A.R.S. § 15-364 to expend public monies and enter into agreements with each other for the operation and joint use of recreational facilities on properties used for school purposes under the control of the School District. D. School District is authorized by A.R.S. § 15-363 to contract with Town to operate school buildings and grounds for the purpose of providing a public play and recreation center and may organize and conduct such recreation activities which contribute to the physical, mental and moral welfare of youths residing in the vicinity. E. Town, School District and Fire District serve citizens and further the public interest by permitting common use of their facilities, personnel, equipment and services in order to minimize expense to their common citizens, improve service delivery and provide enhanced resources to the community for the benefit of their common citizens. F. Municipalities, school districts and special taxing districts may enter into agreements to establish responsibilities relating to the review of development plans, issuance of various permits and construction of new facilities. G. It is the desire of the Parties hereto that Town and Fire District permit and inspect the construction of new school, municipal and fire facilities and the remodeling of existing facilities within the geographic limits of Town. H. Town, School District and Fire District desire to establish the responsibilities of all Parties in the development review process. EXHIBIT A TO MARANA RESOLUTION 2010-07 Regular Council Meeting -January 5, 2010 -Page 93 of 108 _ 1 _ I. School District provides Town use of School District facilities at little or no charge as a benefit to the community and the Town determines it is in the public interest to consider the benefit of such use in the imposition of fees by Town for development review and inspection of new school facilities and remodeling of existing facilities. J. Fire District provides Town use of development review .and inspection staff at little or no charge as a benefit to the community and Town determines it is in the public interest to consider the benefit of such use in the imposition of fees by Town for development review and inspection of new fire facilities and remodeling of existing facilities. K. It is the desire of the Parties, recognizing that they serve the same citizens, that they cooperate by charging each other only for those legally mandated costs and those direct, out-of-pocket expenses while otherwise allowing Town, School District and Fire District use of each other's facilities at no charge. II. Definitions A. "Mandatory Charge" means a Town impact fee or charge not prohibited by A.R.S. § 9-500.18 which the Town, by statute, contract, bond indenture, or code is required to charge. B. "Out-of-Pocket Costs" shall include those direct costs incurred by Town, School District or Fire District over and above normal operating costs budgeted for and expended by each Party. The intent of this definition is to reimburse only those additional direct costs each Party incurs from providing services or facilities to the other. Examples of such costs would include: (1) The cost to one Party for custodial time related directly to services provided for the needs of another Party. (2) The cost to one Party for contracting out expedited services related to the construction projects of another Party. (3) The cost of utilities incurred by one Party outside normal use that is directly related to services of another Party. Such utility costs shall not be considered "Out-of-Pocket Costs" as long as they remain approximately equal to the value of in-kind services provided by the Parties to each other pursuant to this Agreement. If at some point in the future the Parties agree that the cost of utilities under this subparagraph exceeds the value of the in-kind services, then the Parties shall determine mutually acceptable utility costs. (4) The labor and equipment cost to one Party to repair damages to facilities related directly to services provided for the needs of another Party. EXHIBIT A TO MARANA RESOLUTION 2010-07 Regular Council Meeting -January 5, 2010 -Page 94 of 108 _ 2 _ III. Covenants A. Town's Obligations: Town recognizes that prompt development review and inspection services assist School District and Fire District in performing their constitutionally and statutorily mandated duties. The Town agrees to: (1) Provide all building, mechanical, electrical, plumbing, and Americans with Disabilities Act related inspections, review and permitting services to School District and Fire District to enable compliance with the provisions of A.R.S. § 34-461. (2) Provide development plan review and land use review services to School District and Fire District to enable compliance with the provisions of the Town's general plan, land development code, and related land use ordinances, including landscaping and onfite parking requirements. Town, in providing such review, shall recognize School District's and Fire District's obligations under the Constitution of the State of Arizona to provide services to all residents within their respective boundaries and shall not apply its land development code, site plan requirements and related land use ordinances in such a manner that would interfere with School District's or Fire District's responsibilities to meet their respective constitutional mandates. Town shall require that School District submit development plans for review, but shall also recognize that School District is not required to obtain Town approval for the location of schools and other facilities or the size, configuration, or shape of School District buildings. (3) Provide administrative plan review and engineering review services to School District and Fire District for offsite improvements consisting of streets, drainage, right-of- way and traffic control to comply with the provisions of Town's development codes and infrastructure guidelines. (4) Provide administrative utility plans review services to School District and Fire District to enable compliance with Title 14 of the Marana Town Code. Town services shall consist of reviewing School District's and Fire District's respective connections from their meters to Town's utility lines and the construction of all offsite utility lines required to provide utility services consisting of Water to School District and Fire District facilities. If in the future Town becomes a provider of wastewater services, administrative utility plans review services shall additionally consist of reviewing School District's and Fire District's respective construction of all offsite utility lines required to provide wastewater utility services to facilities. (5) Charge School District and Fire District no fees or assessments related to building development and cooperate with School District and Fire District in permitting use of Town facilities and services, as determined by Town, to the extent legally permissible at no cost other than Mandatory Charges as set forth in this Agreement and direct Out-of-Pocket Costs incurred by Town. School District and Fire District recognize that Town may have certain facilities that may have limited use due to Town's governmental functions and responsibilities. EXHIBIT A TO MARANA RESOLUTION 2010-07 Regular Council Meeting -January 5, 2010 -Page 95 of 108 _ 3 _ (a) In consideration of School District's and Fire District's obligations under the terms of this Agreement, Town shall charge the School District and Fire District only the following Mandatory Charges: (i) Administrative utility plans review, connection, inspection, and any other utility-related applicable development fees. (ii) Any development-related fee that the Town charges that is pursuant to an intergovernmental agreement between the Town and a third political subdivision or party. (iii) Any development-related fees charged to Town by consulting or contracted reviewers relating to plans submitted by to Town by Fire District or School District. Town shall have discretion as to which plans are reviewed by consulting or contracted reviewers. (iv) Any applicable impact fees. (b) The Mandatory Charges may be modified by Town from time to time upon notice to School District and Fire District in the manner required for the amendment of development fees by Town pursuant to A.R.S. § 9-463.05. Such modified fees shall not be applicable to any project on file with Town on the date that the new fees become effective. For purposes of this provision, "project" means a development application submitted by School District or Fire District to Town proposing to construct a new facility or to remodel an existing facility. (c) The Mandatory Charges expressly do not include any of the following charges: (i) Building permit fees (ii) Plan review fees, except as specified in § III(A)(5) of this Agreement (iii) Grading/drainage inspection/permit fees (iv) Off-site improvement permit fees (v) Conditional Use Permit application fees (vi) Site Plan application fees (vii) Right-of--way review/permit fees (6) Waive facility rent for School District and Fire District use of Town facilities pursuant to a schedule formulated annually. In all cases, Town's own use of its facilities shall take precedence. (7) Permit School District and Fire District to use, at no charge, Town's buildings and facilities as determined by Town, subject to Town Council's adopted policies and use guidelines and in accordance with the terms of specific permits and agreements between School District or Fire District and Town for the use of the buildings and facilities. School District and Fire District recognize that Town may limit use of sites due to need or function. (a) Town shall be solely responsible for all repair and maintenance of Town facilities. School District, Fire District and Town agree that the decisions on EXHIBIT A TO MARANA RESOLUTION 2010-07 Regular Council Meeting -January 5, 2010 -Page 96 of 108 _ 4 _ maintenance and repair of Town facilities are non-delegable decisions of the Town. However, School District and Fire District shall be responsible for the costs of any repairs that are necessary and directly attributable to their respective uses of Town facilities. (b) School District and Fire District shall be responsible for the costs of utility, janitorial, and security services at Town facilities where the need for such services is directly attributable to respective uses by School District and Fire District. (8) Pay School District or Fire District all Out-of-Pocket Costs incurred by School District or Fire District, respectively, in the performance of this Agreement which are properly billed to Town. B. School District's Obligations: School District recognizes that use of its buildings and facilities for Town and Fire District programs and services benefits the entire community. The School District agrees to: (1) Comply with the provisions of Town's general plan but shall be exempt from Town's zoning ordinance and related development ordinances, unless State statute or regulation has preempted Town's review, and shall ensure that its construction meets minimum code standards. (2) Submit, for review by Town, development plans for construction or renovation of School District facilities. (3) Comply with the provisions of Town's building codes, engineering and plan review codes, infrastructure guidelines, utility codes and development rules and/or the terms of this Agreement, in the same manner as any private party, subject to the preemption of Town's review by State statute or regulation. (4) Comply with any additional development provisions enacted by Fire District, including but not limited to: fire codes, engineering and plan review codes, infrastructure guidelines, utility codes and development rules and/or the terms of this Agreement, in the same manner as any private party, subject to the preemption of Fire District's review by State statute or regulation. (5) Pay Mandatory Charges imposed by Town and Fire District for performance of the services under the Town Obligations and Fire District Obligations sections of this Agreement. In exchange for Town's and Fire District's waivers of all other charges imposed by Town and Fire District for all related and expansion fees under Town Obligations and Fire District Obligations sections of this Agreement, School District shall waive facility rent for Town and Fire District use of School District facilities pursuant to a schedule formulated annually. In all cases, School District's own use of its facilities shall take precedence. (6) Permit Town and Fire District to use at no charge School District's buildings and facilities as determined by School District, subject to School District Governing Board's adopted policies and use guidelines and in accordance with the terms of specific permits and agreements between Town, Fire District and School District for EXHIBIT A TO MARANA RESOLUTION 2010-07 Regular Council Meeting -January 5, 2010 -Page 97 of 108 _ 5 _ the use of the buildings and facilities. Town and Fire District recognize that School District may limit use of sites due to school overcrowding, need or function. (a) This permission shall specifically include certain outdoor School District facilities, including tracks, courts and athletic fields. (b) School District buildings and facilities shall be available for use by Town and Fire District throughout the calendar year. (c) School District shall be solely responsible for all repair and maintenance of School District facilities. School District, Fire District and Town agree that the decisions on maintenance and repair of School District facilities are non-delegable decisions of School District. However, Town and Fire District shall be responsible for the costs of any repairs that are necessary and directly attributable to their respective uses of School District facilities. (d) Town and Fire District shall be responsible for the costs of utility, janitorial, and security services at School District facilities where the need for such services is directly attributable to respective uses by Town and Fire District. C. Fire District's Obligations: Fire District recognizes that prompt development review and inspection services assist School District and Town in performing their constitutionally and statutorily mandated duties. Fire District agrees to: (1) Provide all appropriate fire prevention, mechanical, electrical, plumbing, engineering, infrastructure, utility and development inspections, review and permitting services to School District and Town to enable compliance with the provisions of A.R.S. § 34-461. (2) Provide administrative site plan review services to School District and Town to enable compliance with the provisions of the Town's fire code and related codes and ordinances. Fire District, in providing such review, shall recognize School District's and Town's obligations under the Constitution of the State of Arizona to provide services to all residents within their respective boundaries and shall not apply the fire code and related codes and ordinances in such a manner that would interfere with School District's or Town's responsibilities to meet their respective constitutional mandates. (3) Provide at least one qualified employee to Town for on-site plan review, consultation with Town staff, Town pre-application meetings and other such activities relating to development for a minimum of fifteen hours per week. Town shall provide the Fire District employee with a work station and supplies at the Marana Municipal Complex, 11555 West Civic Center Drive, Marana, Arizona, 85653. (4) Charge School District and Town no fees or assessments related to building development and cooperate with School District and Town in permitting use of Fire District facilities and services, as determined by Fire District, to the extent legally permissible at no cost other than Mandatory Charges as set forth in this Agreement and direct Out-of-Pocket Costs incurred by Fire District. School District and Town recognize that Fire District may have certain facilities that may have limited use due to Fire District's governmental functions and responsibilities. EXHIBIT A TO MARANA RESOLUTION 2010-07 Regular Council Meeting -January 5, 2010 -Page 98 of 108 _ 6 _ (a) In consideration of School District's and Town's obligations under the terms of this Agreement, Fire District shall charge School District and Town only the following Mandatory Charges: (i) Any development-related fee that Fire District charges that is pursuant to an intergovernmental agreement between the Fire District and a third political subdivision or parry. (ii) Any development-related fees charged to Fire District by consulting or contracted reviewers relating to plans submitted by to Fire District by Town or School District. Fire District shall have discretion as to which plans are reviewed by consulting or contracted reviewers. (b) The Mandatory Charges may be modified by Fire District from time to time upon notice to the School District and Town and upon adoption and/or amendment of a fee schedule in the manner required by A.R.S. § 48-805. Such modified fees shall not be applicable to any project on file with the Fire District or Town on the date that the new fees become effective. For purposes of this provision, "project" means a development application submitted by School District or Town to Fire District proposing to construct a new facility or to remodel an existing facility. (c) The Mandatory Charges expressly do not include any of the following charges: (iii) Permit fees (iv) Inspection fees (v) Plan review fees, except as specified in § III(C)(4) of this Agreement (vi) Plan or submittal application fees (5) Waive facility rent for School District and Town use of Fire District facilities pursuant to a schedule formulated annually. In all cases, Fire District's own use of its facilities shall take precedence. (6) Permit School District and Town to use, at no charge, Fire District's buildings and facilities as determined by Fire District, subject to Fire District Governing Board's adopted policies and use guidelines and in accordance with the terms of specific permits and agreements between School District or Town and Fire District for the use of the buildings and facilities. School District and Town recognize that Fire District may limit use of sites due to need or function. (a) Fire District shall be solely responsible for all .repair and maintenance of Fire District facilities. School District, Fire District and Town agree that the decisions on maintenance and repair of Fire District facilities are non-delegable decisions of Fire District. However, School District and Town shall be responsible for the costs of any repairs that are necessary and directly attributable to their respective uses of Fire District facilities. EXHIBIT A TO MARANA RESOLUTION 2010-07 Regular Council Meeting -January 5, 2010 -Page 99 of 108 _ ~ _ (b) School District and Town shall be responsible for the costs of utility, janitorial, and security services at Fire District facilities where the need for such services is directly attributable to respective uses by School District and Town. (7) Pay School District or Town all Out-of-Pocket Costs incurred by School District or Town, respectively, in the performance of this Agreement which are properly billed to Fire District. D. Priority Use of Facilities: School District, Fire District and Town shall work cooperatively to reserve facilities. All Parties agree that each Party will have priority use of its own facilities. Second priority in the use of facilities will be all Town programs approved by the School District which are part of Town's Parks and Recreation programming. Third priority in the use of facilities will be all Town, School District or Fire District programs which are not a part of Town's Farks and Recreation programming. Town, School District and Fire District will make requests for facility use at least two weeks before the date the facility is needed. E. Cash Handling: Town is authorized on behalf of the Fire District to collect and remit payment for services rendered by Fire District for development review, inspection and permitting. Town shall remit all payment collected on behalf of Fire District to Fire District no later than the fifteenth day of the month following the month in which payment was collected. F. Mobile Stage: Fire District and School District shall be exempt from the provisions of Marana Resolution No. 2007-48 governing use of the Town mobile stage. Fire District and School District are permitted to use the Town mobile stage at no cost within their respective district corporate boundaries. IV. Notices Notices required or permitted hereunder shall be given in writing and personally delivered or sent by registered or certified mail, return receipt requested, postage prepaid, or by a nationally recognized overnight courier service, addressed as follows: To School District: District Superintendent Marana Unified School District No. 6 11279 West Grier Road Marana, Arizona 85653 With a Copy To: John C. Richardson, Esq. Deconcini, McDonald, Yetwin & Lacy, P.C. 2525 East Broadway Road, Suite 200 Tucson, Arizona 85716 To Fire District: Fire Chief Northwest Fire District 5225 West Massingale Road Tucson, Arizona 85743 EXHIBIT A TO MARANA RESOLUTION 2010-07 Regular Council Meeting -January 5, 2010 -Page 100 of 108 _ g _ With a Copy To: Thomas Benavidez, Esq. Benavidez Law Group, P.C. 7440 North Oracle Road, Building 7 Tucson, Arizona 85704 To Town: Town Manager Town of Marana 11555 West Civic Center Drive Marana, Arizona 85653 With a Copy To: Town Attorney Town of Marana 11555 West Civic Center Drive Marana, Arizona 85653 Or at any other address designated by School District, Fire District or Town in writing. V. Term A. This Agreement shall become effective on or upon filing with the Pima County Recorder and the State Board of Education after having been approved by Town, School District and Fire District, whichever filing occurs last. B. On or before the anniversary date of this Agreement, on an annual basis, the District Superintendent or his/her designee, Fire Chief or his/her designee and the Town Manager or his/her designee shall meet and confer in good faith on the operation of the Agreement and suggest changes, if necessary, for consideration by the governing bodies of School District, Fire District and Town. C. The term of this Agreement shall commence on the effective date of this Agreement and continue for four (4) years. Any party may terminate their participation in this Agreement upon sixty (60) days written notice to all parties. VI. Insurance and Indemnification A. The Parties agree that they shall maintain public liability insurance sufficient to cc implementation of this agreement. for the duration of this Agreement policies of per all of their obligations undertaken in the B. School District, Fire District and Town shall secure and maintain property insurance coverage protecting their personal property against all risk of physical damage loss for their full replacement cost. School District, Fire District and Town shall obtain similar coverage for the personal property they maintain at each other's facilities pursuant to § III(A)(7), § III(B)(5) and § III(C)(3) and (6) of this Agreement. Unless one of the Parties' personal property is damaged by the actions of another of the Parties or its agents or invitees, School District, Fire District and Town agree to rely on their respective property insurance coverage for all other personal property damages. EXHIBIT A TO MARANA RESOLUTION 2010-07 Regular Council Meeting -January 5, 2010 -Page 101 of 108 _ 9 _ C. To the extent which it legally may, each Party indemnifies, defends and holds harmless the other Parties, their officers, departments, employees and agents from and against any and all suits, actions, claims and demands of any kind or nature arising out of the indemnifying Party's acts or omissions. VII. Cancellation for Conflict This Agreement is subject to cancellation in certain conflict of interest situations pursuant to A.R.S. § 38-511, the provisions of which are incorporated herein. VIII. Governing Law A. This Agreement shall be construed and governed in accordance with the laws of the State of Arizona. B. During the performance of this Agreement, Town, School District and Fire District agree to comply with all applicable state and federal laws, rules, regulations and executive orders governing equal employment opportunity, nondiscrimination and affirmative action. IX. Remedy A. All Parties agree to utilize good faith efforts to informally resolve disputes arising out of this Agreement. B. Any Party may pursue any remedies provided by law for breach of this Agreement. No right or remedy is intended to be exclusive of any other right or remedy and each shall be cumulative and in addition to any other right or remedy existing at law or in equity or by virtue of this Agreement. X. Waiver Waiver by any Party of any breach of any term, covenant or condition herein shall not be deemed a waiver of any other term, covenant or condition or any subsequent breach of the same or any other term, covenant or condition herein contained. XI. Force Majeure A Party shall not be in default under this Agreement if it does not fulfill any of its obligations under this Agreement because it is prevented or delayed in doing so by reason of uncontrollable forces. The term "uncontrollable forces" shall mean, for the purpose of this Agreement, any cause beyond the control of the Party affected, including but not limited to failure of facilities, breakage or accident to machinery or transmission facilities, weather conditions, flood, earthquake, lightning, fire, epidemic, war, riot, civil disturbance, sabotage, strike, lockout, labor dispute, boycott, material or energy shortage, casualty loss, acts of God, or action or non-action by governmental bodies in approving or failing to act upon applications for approvals or permits which are not due to the negligence or willful action of the Parties, order of any government officer or court (excluding orders promulgated by the Parties themselves), and declared local, state or national emergency, which, by exercise of due diligence and foresight, such Party could not reasonably have been expected to avoid. Any Party EXHIBIT A TO MARANA RESOLUTION 2010-07 Regular Council Meeting -January 5, 2010 -Page 102 of 108 _ 10 _ rendered unable to fulfill any obligations by reason of uncontrollable forces shall exercise due diligence to remove such inability with all reasonable dispatch. XII. Miscellaneous Provisions A. Amendments to this agreement shall be in writing, signed by all Parties to the Agreement. Formal amendments shall not be needed to notify Parties of address changes, changes in position titles, etc. Such information may be provided via correspondence between the Parties. B. This Agreement represents the entire and integrated agreement between the Parties and supersedes all prior negotiations, representations or agreements, either written or oral. C. If any provision of this Agreement is declared invalid or unenforceable, the remainder shall continue in full force and effect. D. The Parties warrant that they comply with all federal immigration laws and regulations that relate to their employees and that they comply with A.R.S. § 23-214(A). The Parties acknowledge that pursuant to A.R.S. § 41-4401 and effective September 30, 2008, a breach of this warranty is a material breach of this Agreement subject to penalties up to and including termination of this Agreement, and that each of the other Parties retains the legal right to inspect the papers of any employee who works on the Agreement to ensure compliance with this warranty. E. The Parties certify that they do not have, nor will they for the duration of this Agreement have, scrutinized business operations in Sudan or Iran as defined in A.R.S. § 35-391 and A.R.S. § 35-393, respectively. F. This Agreement shall supersede any prior intergovernmental agreements, memoranda of understanding or other agreements that two or more of the Parties have entered into to the extent that the provisions of those prior agreements are in conflict with the provisions of this Agreement. This Agreement shall not supersede any prior intergovernmental agreements, memoranda of understanding or other agreements that two or more of the Parties have entered into that are not in conflict with this Agreement. G. Notwithstanding any provision of this Agreement to the contrary, nothing in this Agreement shall operate or be interpreted to expand, increase or extend the jurisdiction of any of the parties beyond the jurisdiction granted by applicable Arizona law. IlV WITNESS WHEREOF, the Parties enter into this Agreement the date and year first specified above. TOWN OF MARANA MARANA UNIFIED SCHOOL DISTRICT By• Ed Honea, Mayor By: John Lewandowski, Board President EXHIBIT A TO MARANA RESOLUTION 2010-07 Regular Council Meeting -January 5, 2010 -Page 103 of 108 - 1 I - ATTEST: ATTEST: Jocelyn Bronson, Town Clerk Brenda Drury, Board Clerk NORTHWEST FIRE DISTRICT Bv: George Carter, Board Chairman ATTEST: Lee C. Mellor, Board Clerk INTERGOVERNMENTAL AGREEMENT DETERMINATION The foregoing Agreement by and between the Town of Marana, Marana Unified School District No. 6 and Northwest Fire District has been reviewed pursuant to A.R.S. § 11-952 by the undersigned who have determined, for their respective clients, that it is in proper form and is within the powers and authority granted under the laws of the State of Arizona. Town of Marana: Frank Cassidy, Town Attorney Date Marana Unified School District No. 6: John C. Richardson, Attorney for the District Date Northwest Fire District: Thomas Benavidez, Attorney for the District Date EXHIBIT A TO MARANA RESOLUTION 2010-07 Regular Council Meeting -January 5, 2010 -Page 104 of 108 - 12 - ~~~~ ~~~ it1+.Y.?F i}~' WAPIlR.4 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, January 5, 2010, 7:00:00 PM To: Mayor and Council Item D 1 From: Steve Huffman ,Intergovernmental Affairs Administrator Strategic Plan Focus Area: Not Applicable Subject: Legislative Issues: Discussion/Direction/Action regarding all pending bills before the Legislature Discussion: This item is scheduled for each regular council meeting in order to provide an opportunity to discuss any legislative item that might arise during the current session of the State Legislature. Periodically, an oral report may be given to supplement the Legislative Bulletins. ATTACHMENTS: Name: Description: Type: ^ LB_SE 12-21-2009,pdf Special Edition - 12/21/2009 Backup Material Staff Recommendation: Upon the request of Council, staff will be pleased to provide recommendations on specific legislative issues. Suggested Motion: Mayor and Council's pleasure. Regular Council Meeting -January 5, 2010 -Page 105 of 108 S 1 4 E.s ~f 7 i ~x ~ . ,.>,r , ; ->: . >~ ~.. 4 f~~ ~ ~ ~ . _ ...~ ~a~~ _ ~. . M SPECIAL EDITION -DECEMBER 21, 2009 ~t1~Ec~ti ,~'~ 'ti j- 5th Special Session Convenes, Makes Cuts On Wednesday, December 16, 2009, Governor Brewer issued a Call fora 5th Special Session. The Call included referring a sales tax increase and amendments to the voter protection provision to the ballot; however action was only taken to reduce state agency budgets by approximately $205M. On Thursday, the Senate passed SB 1001, general appropriation reductions' transfers, by a vote of 16-11-3. What was hoped to be a one-day special session in both chambers lasted three days in the House, as Democrats did not agree to suspend rules. The budget bill was introduced on Thursday, vetted in the House Appropriations Committee on Friday and voted upon by the entire lower chamber on Saturday. The House swapped HB 2001, 2009-2010; general appropriations reductions; transfers for the identical SB 1001 on Third Read and passed the measure on a party-line vote of 32-22-6. The 5th Special Session adjourned sine die immediately thereafter. An estimated summary of SB 1001, general appropriation reductions' transfers that wilt at least indirectly impact cities and towns can be found by clicking here. Should you have any additional questions or concerns about this matter, please feel free to contact League staff. Legislative ~lletin is published by the League of Arizona Cities and Towns. Forward your comments or suggestions to leagueC~azleague.org. Regular Council Meeting -January 5, 2010 -Page 106 of 108 State Agency Lump Sum Reduction Fund Reduction i Transfer to State General Fund De artment of Administration $1.2M Emer enc Telecommunication Services - $2.1 M Office of Administrative $75K Hearin s AHCCCS $7.6M Attorne General $1.4M Criminal Justice Enhancement Fund - $334K De artment of Commerce $291 K Militar Installation Fund - $235K Cor oration Commission $48K Utilit Revolvin Fund - $1 M De artment of Corrections Prison Construction and O eration Fund - $932K Criminal Justice Commission Criminal Justice Enhancement Fund - $55K, Victim Assistance Fund - $307K Department of Economic $25M Child Abuse Prevention Fund - $118K, Securit Domestic Violence Shelter Fund - $180K Department of Emergency and $543K Militar Affairs Air Permits Administration Fund - $429K, Air Quality Fund - $389K, Department of Environmental $468K Hazardous Waste Management Fund - $59K, Quality Solid Waste Fee Fund - $86K, Water Quality Fee - $422K, Under round Stora a Tank Revolvin Fund - $2.2M De artment of Game and Fish Herita a Fund - $863K De artment of Health Services $14M De artment of Housin Housin Trust Fund - $1.4M Judiciar $1 M State Land De artment $536K De artment of Li uor $214K State Lotte $528K Heritage Fund - $1.7M, State Parks State Lake Improvement Fund - $528K, Enhancement Fund - $671 K Auto fingerprint identification fund - $245K, Crime laboratory assessment fund - $414K, Crime laboratory operations fund - $780K, Department of Public Safety $378K Criminal justice enhancement fund - $232K, DNA identification system fund - $326K, Highway patrol fund - $1.5M, Peace Officer Trainin - $598K De artment of Revenue $3M Department of Water $1.3M Resources Regular Council Meeting -January 5, 2010 -Page 107 of 108 ~~~ ~ ~ ~ °f -~ ~ ~ as s ~ dmm .~ ~~ SPECIAL EDITION -DECEMBER 21, 2009 Governor Orders More Cuts Shortly after the Legislature adjourned the 5th Special Session, the Governor sent notice that she would hold an emergency cabinet meeting on Monday morning, December 21, to address the state's deficit problem. During the meeting the Governor announced that she would use her executive authority to implement a waiting list for the KidsCare children's health insurance program, cap non-mandatory health and welfare services and institute means testing. Additionally, the Governor ordered- all non-violent illegal immigrants held in Arizona state prisons be remanded to federal custody. Agency directors were also ordered to find more spending reductions. The Governor's budget director further demonstrated that every program not protected by federal law or voter mandate would have to be eliminated in order to gap the deficit, leaving spending on corrections, public safety and health and human services vulnerable to drastic cuts. It remains unclear where the Governor and legislators go from here. Legislative ~lletin is published by the League of Arizona Cities and Towns. Forward your comments or suggestions to leagueC~azleague.org. Regular Council Meeting -January 5, 2010 -Page 108 of 108