HomeMy WebLinkAbout04/05/2011 Regular Meeting Agenda Packet AANA
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MARANA TOWN COUNCIL
REGULAR COUNCIL MEETING
NOTICE AND AGENDA
11555 W. Civic Center Drive, Marana, Arizona 85653
Council Chambers, April 5, 2011, 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 t others, please turn off or put in silent mo de all pagers and cell phones.
Meeting Ti mes
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 Meeting
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.
Ac cessi bUl ity
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
Regular Council Meeting - April 5, 2011 - Page 1 of 53
printed in Braille or large print, a signer for the hearing impaired, etc., will be accommodated. Such
special services are available upon prior request to the Town Clerk at least 10 working days prior to
the Council meeting.
Age
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, April 04, 2011, 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 ALLEGIANCEANVOCATION/MOMENT OF SILENCE
Holly Hitchcock, Junior Miss Poppy
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.
Individuals addressing a meeting at the call to the public will not be provided with electronic
technology capabilities beyond the existing voice amplification and recording capabilities in the
facilities and the town's overhead projector /document reader. 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.
PROCLAMATIONS
Municipal Clerks Week Proclamation
MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS
MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS
PRESENTATIONS
CONSENT AGENDA
The Consent Agenda contains items requiring action by the Council which are generally routine
Regular Council Meeting - April 5, 2011 - Page 2 of 53
items not requiring Council discussion. A single motion will approve all items on the Consent
agenda, including any resolutions or ordinances. A Council Member may remove any issue from
the Consent agenda, and that issue will be discussed and voted upon separately, immediately
following the Consent agenda.
Cl: Resolution No. ._2011- 39Relating to Real Estate; vacating a portion of the
former Camino de Mariana public right -of -way that the Town no longer needs as a
result of the completion of the Twin Peaks Traffic Interchange (Cedric Hay)
C2: Resolutio No 2011 -40: Relating to Real Estate; abandoning and
reclassifying Sandario Road public right -of -way located within the Northeast
Quarter of Section 10, Township 12 South, Range 11 East, Gila and Salt River Base
and Meridian, Pima County, Arizona (Josh Wright)
C 3: Resolution No . 2011-41: Relating to Environment; approving and authorizing
the Town of Marana to enter into an Inter - agency Service Agreement with the
Arizona Game and Fish Department for studies related to wildlife studies related
and biological surveys (Jennifer Christelman)
C 4: Minutes of the March 15, 2011 regular council meeting and the March 22,
2011 study session
LIQUOR LICENSES
BOARDS, COMMISSIONS AND COMMITTEES
B 1: Resolution No. 2011 -42: Relating to Boards, Commissions and Committees;
re- appointing Tamara Westberg and Larry Steckler to the Parks & Recreation Citizen
Advisory Commission (Jocelyn C. Bronson)
COUNCIL ACTION
ITEMS FOR DISCUSSION/POSSIBLE ACTION
D 1: Legisl Report: regarding all pending state and federal
legislation and report on recent meetings of other legislative bodies (Gilbert
Davidson)
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 (1) the
lawsuit entitled Town of Marana v. Pima County/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
FUTURE AGENDA ITEMS
Regular Council Meeting - April 5, 2011 - Page 3 of 53
Notwithstanding the mayor's discretion of what items to place on the agenda, if three or more
council members request an item to be placed on the agenda, it must be placed upon the agenda
for the second regular town council meeting after the date of the request (Marana Town Code,
Title 2, Chapter 2 -4, Section 2 -4 -2 B)
ADJOURNMENT
Regular Council Meeting - April 5, 2011 - Page 4 of 53
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11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653
Council Chambers, April 5, 2011, 7:00:00 PM
To: Mayor and Council Item C 1
From: Cedric Hay , Senior Assistant Town Attorney
Strategic Plan Focus Area:
Not Applicable
Subject: R esolution No. 2011 -39: Relating to Real Estate; vacating a portion of the former
Camino de Mariana public right -of -way that the Town no longer needs as a result of
the completion of the Twin Peaks Traffic Interchange
Discussion:
Construction of the Twin Peaks Traffic Interchange, project number 2001 -044, included a partial
realignment of the former Camino de Mariana roadway. This has resulted in small areas of right -
of -way which fall outside of the new roadway boundaries and are no longer needed by the Town.
If approved, this resolution will abandon two small areas of right -of -way near the intersection of
Twin Peaks Road and Linda Vista Boulevard which used to be a part of the Camino de Mariana
roadway. The Town Engineer will execute a quit -claim deed of abandonment transferring this
property to the adjacent property owner upon the acceptance of the duties and responsibilities for
this area by the owner. The Town will reserve any existing slope, drainage or utility easements
that currently exist upon the property.
ATTACHMENTS:
Name: Description: Type:
E] Reso Vacating slivers of left after _TPTI_
(00025491 -2). DOC Resolution Resolution
E] Exhibit _A abandoning_CdM_(00025567- 3).pdf Exhibit A map of area to be abandoned Exhibit
O Quit Claim Deed of_Abandonment Cascada._ Exhibit B Quit Claim Deed of Abandonment Exhibit
(00025572). DOC
Staff Recommendation:
Staff recommends adoption of this resolution.
Suggested Motion:
I move to adopt Resolution No. 2011 -39; abandoning a portion of the former Camino de Mariana
right -of -way.
Regular Council Meeting - April 5, 2011 - Page 6 of 53
MARANA RESOLUTION NO. 2011-39
RELATING TO REAL ESTATE; VACATING A PORTION OF THE FORMER CAMINO DE
MANANA PUBLIC RIGHT -OF -WAY THAT THE TOWN NO LONGER NEEDS AS A
RESULT OF THE COMPLETION OF THE TWIN PEAKS TRAFFIC INTERCHANGE
WHEREAS the Town of Marana's Twin Peaks Traffic Interchange Project has been
substantially completed; and
WHEREAS the completion of this project has resulted in a partial realignment of the
former Camino de Mariana right -of -way; and
WHEREAS certain sections of the former Camino de Mariana alignment will no longer
be needed by the Town as they fall outside of the newly delineated right -of -way; and
WHEREAS the Town of Marana is authorized by A.R.S. §§ 9- 240(B)(3)(e) and 28 -7202
to vacate and abandon unnecessary Town roadways; and
WHEREAS the Town Council finds that the areas of right -of -way that fall outside of the
new right -of -way delineation (the Abandonment Area) and which border the parcels identified as
216 -36 -0180 and 216- 36 -019K by the Pima County Assessor's Office have no public use and no
market value for the purposes of A.R.S. § 28- 7215(B); and
WHEREAS the Town Council finds that it is necessary to reserve the rights to slope,
drainage and utility easements which are located in the Abandonment Area pursuant to this
resolution; and
WHEREAS the Town Council finds that this resolution is in the best interests of the
Town and its citizens.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, ARIZONA, AS FOLLOWS:
SECTION 1. The Town of Marana hereby vacates and abandons the Abandonment Area
which includes a portion of the Camino de Mariana public right -of -way as depicted on Exhibit A
which is incorporated into this resolution by this reference, being that public right -of -way
established by right -of -way proceeding number 220 in Book 2 of Roads at Pages 1 -4 and Docket
8808, Page 607 in the office of the Pima County Recorder. The Abandonment Area is southeast
of the right -of -way boundary established by the Twin Peaks Traffic Interchange Project, No.
Regu1Mg,y "JftWg2DtVq 5, 2011 - Page 7 of 53 _ I _ { 00025491.DOC / 2}
2001 -044 adjacent to the properties identified by Pima County Assessor's parcel numbers 216-
36 -0180 and 216- 36 -019K.
SECTION 2. The abandonment described in Section 1 is conditioned upon the owner of
the adjacent properties executing the acceptance block on the quit claim deed of abandonment in
substantially the form attached as Exhibit B to this resolution, evidencing the owner's acceptance
of the reservations in the quit claim deed of abandonment and the assumption by the owner of the
costs of maintaining and the liability for the abandoned area.
SECTION 3. The Town Engineer is hereby authorized to execute the quit claim deed of
abandonment in substantially the form attached as Exhibit B to this resolution, after and
conditioned upon the property owner executing the acceptance block on the quit claim deed of
abandonment, as described in Section 2 of this resolution.
SECTION 4. 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 5th day of April, 2011.
Mayor Ed Honea
ATTEST:
Jocelyn C. Bronson, Town Clerk
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
Regu1MPAMJftWk %5, 2011 - Page 8 of 53 -2- (00025491.DOC / 2)
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Exhibit B
QUIT CLAIM DEED OF ABANDONMENT
(Exempt: A.R.S. § 11 -1134 (A) (3))
The TOWN OF MARANA, an Arizona municipal corporation, hereby abandons pursuant to A.R.S.
§ 28 -7205 and Town of Marana Resolution No. 2011 -### in favor of the
following described real property situated in Pima County, Arizona.
THE AREA OF CAMINO DE MANANA RIGHT OF WAY AS SHOWN ON EXHIBIT A
ATTACHED TO THIS INSTRUMENT AND INCORPORATED HERE BY THIS
REFERENCE BEING THAT PUBLIC RIGHT -OF -WAY ESTABLISHED BY RIGHT OF
WAY PROCEEDING NUMBER 220 IN BOOK 2 OF ROADS AT PAGES 1 TO 4 AND
DOCKET 8808, PAGE 607 IN THE OFFICE OF THE PIMA COUNTY RECORDER,
LOCATED SOUTHEAST OF THE RIGHT -OF -WAY BOUNDARY ESTABLISHED BY
THE TWIN PEAKS TRAFFIC INTERCHANGE PROJECT NO. 2001 -044.
RESERVING easements pursuant to A.R.S. § 28 -7210 for the following, if any, as they existed
before this abandonment: (a) sewer, gas, water or similar pipelines and appurtenances,
(b) canals, laterals or ditches and appurtenances (c) electric, telephone and similar lines and
appurtenances and (d) slope, drainage and utility easements.
DATED April _, 2011.
TOWN OF MARANA, ARIZONA
The undersigned hereby accepts title to the
property abandoned by this instrument
subject to the reservations as described Keith Brann, Town Engineer
above, and agrees, pursuant to A.R.S.
§ 28- 7215(B), to assume the costs of
maintaining and the liability for the
roadways abandoned by this instrument. APPROVED AS To FORM:
By: Frank Cassidy, Town Attorney
Its:
RegulT6&M fie& - April 5, 2011 - Page 10 of 53 3/18/2011 CIH
STATE OF ARIZONA Exhibit B
County of Pima ss.
This instrument was acknowledged before me on April , 2011, by Keith Brann, Town
Engineer, on behalf of the Town of Marana.
My commission expires:
Notary Public
STATE OF ARIZONA )
County of Pima ) ss.
The foregoing instrument was acknowledged before me on April , 2011 by
as of,
on behalf of the corporation.
My commission expires:
Notary Public
Regulj66&A% &ig - April 5, 2011 - Page 11 of 53 3/18/2011 CIH
blARA
11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653
Council Chambers, April 5, 2011, 7:00:00 PM
To: Mayor and Council Item C 2
From: Josh Wright , Director of Strategic Initiatives
Strategic Plan Focus Area:
Commerce
Strategic Plan Focus Area - Additional Information:
Both the Marana Strategic Plan and Marana Economic Roadmap identify the Marana Regional
Airport as a future center of commerce and economic activity for the community. This resolution
will facilitate the "clean up," from a land -use perspective, of an area directly east of the airport's
boundaries that can be used for future aviation facilities and private investment.
Subject: R esolution No. 2011 -40. Relating to Real Estate; abandoning and reclassifying
Sandario Road public right -of -way located within the Northeast Quarter of Section 10,
Township 12 South, Range I I East, Gila and Salt River Base and Meridian, Pima
County, Arizona
Discussion:
This resolution provides for the abandonment of a small fragment of right -of -way that was
originally a part of Sandario Road when it extended along the east side of the Marana Regional
Airport, across the Santa Cruz River, and connected Avra Valley Road and Moore Road. The
road, originally called "Twin Peaks - Marana Road" and created by Pima County at the behest of
the Marana farming community in the early 1950's, was removed from service several decades
ago and serves no practical purpose today.
In 1998, Pima County abandoned the majority of the right -of -way, but left a small east -west
section remaining. This resolution abandons that section of road and reclassifies it as non- right-
of -way so that it can be combined with the surrounding parcels.
The area in which the current right -of -way exists is the site of future planned improvements by
the Town, as specified in the Airport Master Plan, and is needed to continue with infrastructure
improvements and the facilitation of private investment in the area.
ATTACHMENTS:
Name: Description: Type:
El Reso_Sandario_Road _ at_Airport Abandonment
(00025800).D0C Resolution Resolution
Staff Recommendation:
Regular Council Meeting -April 5, 2011 - Page 12 of 53
Staff recommends adoption of the resolution.
Suggested Motion:
I move to adopt Resolution No. 2011 -40; abandoning and reclassifying Sandario Road public
right -of -way located within the Northeast Quarter of Section 10, Township 12 South, Range 11
East, Gila and Salt River Base and Meridian, Pima County, Arizona.
Regular Council Meeting - April 5, 2011 - Page 13 of 53
MARANA RESOLUTION NO. 2011-40
RELATING TO REAL ESTATE; ABANDONING AND RECLASSIFYING SANDARIO ROAD
PUBLIC RIGHT -OF -WAY LOCATED WITHIN THE NORTHEAST QUARTER OF
SECTION 10, TOWNSHIP 12 SOUTH, RANGE 1 I EAST, GILA AND SALT RIVER BASE AND
MERIDIAN, PIMA COUNTY, ARIZONA
WHEREAS the Pima County Board of Supervisors adopted Pima County Resolution
No. 1998 -123 on June 16, 1998, abandoning a portion of Sandario Road also known as the Twin
Peaks - Marana Extension Silverbell Road North lying within Sections 3 and 10, Township 12 South,
Range 11 East, Gila and Salt River Base and Meridian, Pima County, Arizona; and
WHEREAS Pima County Resolution No. 1998 -123 left a small portion of disconnected San-
dario Road public right -of -way located within the northeast quarter of Section 10, Township 12
South, Range 11 East, Gila and Salt River Base and Meridian, Pima County, Arizona; and
WHEREAS this disconnected portion of Sandario Road public right -of -way is not needed for
public use, leaves no adjoining land without access to a public highway, and has no monetary value
due to its degree of fragmentation and marketability; and
WHEREAS the Town of Marana owns the land surrounding the disconnected portion of
Sandario Road public right -of -way abandoned by this resolution, and desires to reclassify the aban-
doned right -of -way as non - right -of -way so that it may become one with the surrounding parcel.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana,
Arizona, as follows:
SECTION 1 . The Town of Marana hereby abandons that portion of disconnected Sandario
Road public right -of -way located within the northeast quarter of Section 10, Township 12 South,
Range 11 East, Gila and Salt River Base and Meridian, Pima County, Arizona, located immediately
southeast of and formerly attached to that portion of Sandario Road abandoned by Pima County Res-
olution No. 1998 -123, subject to and reserving pursuant to A.R.S. § 28 -7210 perpetual easements for
all existing public utilities, etc., (if any) within the abandonment area.
SECTION 2 . The Town Engineer is authorized to execute a quit claim deed of abandonment
and the Town Manager and staff are authorized to do all other acts necessary to carry out this resolu-
tion.
Regu1M&gW1qMqgMq 5, 2011 - Page 14 of 53 _ 1 - { 00025800.DOC /}
SECTION 3 . The Sandario Road public right -of -way abandoned by this resolution is hereby
reclassified for all purposes as non - right -of -way and is hereby made part ofwith the surrounding par-
cel owned by the Town of Marana.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 5 day of April, 2011.
Mayor Ed Honea
ATTEST:
Jocelyn C. Bronson, Town Clerk
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
Regu1 g MpWgMg@Mg Uj jpf8 5, 2011 -Page 15 of 53 -2- (00025800.DOC /}
rrrlt�.�N
MA
11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653
Council Chambers, April 5, 2011, 7:00:00 PM
To: Mayor and Council Item C 3
From: Jennifer Christelman , Environmental Engineering Division Manager
Strategic Plan Focus Area:
Recreation
Strategic Plan Focus Area - Additional Information:
This agreement is consistent with the Recreation Element initiative "to ensure that future
development, land -use and projects protect and showcase the Sonoran Desert and all its
inhabitants ". This is also applicable to the Town's Habitat Conservation Plan which is in the Plan.
Subject: Reso lution No. 2011 -41: Relating to Environment; approving and authorizing the
Town of Marana to enter into an Inter - agency Service Agreement with the Arizona
Game and Fish Department for studies related to wildlife studies related and biological
surveys
Discussion:
The Town of Marana has worked with the Arizona Game and Fish Department on various
studies involving wildlife including the Camino de'Manana Roadway wildlife study, the
Tangerine Road Wildlife Mortality Study, and species surveys for the Marana Habitat
Conservation Plan. Town has a need for wildlife and biological information to assist with the
design and planning within the Town of Marana for transportation projects and other planning
projects. The Town has a need for services such as general wildlife studies, biological surveys,
biological monitoring, technical report preparation, and recommendations to assist in preserving
wildlife corridors and to prevent vehicle collisions with wildlife. This agreement will assist in
formalizing the process for developing scopes of work, issuing permits, and submitting reports.
The Inter - agency Service Agreement between the Arizona Game and Fish Commission and the
Town of Marana was signed and executed by the Arizona Game and Fish Commission on
January 26, 2011. Upon Council approval the document may be signed and fully executed.
Financial Impact:
No financial impact. Services will be contracted through individual capital improvement projects.
ATTACHMENTS:
Name: Description: Type:
❑ Resolution for IGA with AGFD 3- 10- 11.D0C Resolution Resolution
❑ AGFD ISA_Agreement_for wildlife_studies.pdf Executed ISA from AGFD for Wildlife Studies Backup Material
Regular Council Meeting - April 5, 2011 - Page 16 of 53
Staff Recommendation:
Staff recommends adoption of Resolution 2011 -41, approving and authorizing the Town to enter
into an Inter - agency Service Agreement with the Arizona Game and Fish Department for wildlife
studies related and biological surveys.
Suggested Motion:
I move to adopt Resolution 2011 -41; approving and authorizing the town to enter into an Inter-
agency Service Agreement with the Arizona Game and Fish Department for wildlife studies
related and biological surveys.
Regular Council Meeting - April 5, 2011 - Page 17 of 53
MARANA RESOLUTION NO. 2011-41
RELATING TO THE ENVIRONMENT; APPROVING AND AUTHORIZING THE TOWN OF
MARANA TO ENTER INTO AN INTER- AGENCY AGREEMENT WITH ARIZONA GAME
AND FISH DEPARTMENT WILDLIFE STUDIES AND BIOLOGICAL SURVEYS
WHEREAS the Town has a need for wildlife and land use information to fulfill its planning
obligations under A.R.S. §9- 461.05; and
WHEREAS the Parties with to cooperate in preserving the wildlife resources of the State
through the identification and protection of wildlife movement corridors; and
WHEREAS the Town has a need for services such as general wildlife studies, biological
surveys, biological monitoring, technical report preparation, and recommendations; and
WHEREAS the Mayor and Council find that the best interests of the Town of Marana and its
citizens are served by the approval and execution of the agreement between the Town and the
Arizona Game and Fish Department for wildlife studies and biological surveys.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, ARIZONA, that the "Inter- agency Service Agreement between the Arizona
Game and Fish Commission and the Town of Marana" attached to and incorporated by this reference
in this resolution as Exhibit A is hereby approved, the Mayor is hereby authorized and directed to
execute it for and on behalf of the Town of Marana, and the Town's Manager and 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 agreement.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 5 day of April, 2011.
Mayor Ed Honea
ATTEST:
Jocelyn C. Bronson, Town Clerk
APPROVED AS TO FORM:
Regu1V cQAgAdy /f)d1�f,d9ktt A8 of 53
INTER- AGENCY SERVICE AGREEMENT
BETWEEN THE ARIZONA GAME AND FISH COMMISSION
AND THE TOWN OF MARANA
This Inter - agency Service Agreement ( "ISA ") is entered into between the Arizona Game and Fish
Commission ( "Commission ") and the Town of Marana ( "the TOWN ") (collectively "the Parties"
and singularly "Party ").
RECITALS
WHEREAS, the Commission is authorized to enter into this ISA pursuant to A.R.S. § 17-
231(B)(7);
WHEREAS, the Commission has statewide responsibility for the management and preservation
of wildlife;
WHEREAS, the Arizona Game and Fish Department ( "Department ") acts under the authority
of the Commission;
WHEREAS, the TOWN has a need for wildlife and land use information to fulfill its planning
obligations under A.R.S. § 9- 461.05.
WHEREAS, the Parties wish to cooperate in preserving the wildlife resources of the State
through the identification and protection of wildlife movement corridors.
NOW, THEREFORE, consistent with the foregoing Recitals, and for good and valuable
consideration:
1. The Commission agrees that the Department shall:
A. Study existing wildlife patterns pursuant to a written Scope of Work which has been
mutually agreed upon by the TOWN and the Department.
B. Provide for the TOWN to review and comment, and offer written information on
potential locations for wildlife crossings, including the type of crossings and suggested
features for each crossing.
C. Consider and incorporate the TOWN's comments and provide final documents to the
TOWN.
D. Provide other services, such as general wildlife studies, biological surveys, biological
monitoring, technical report preparation, and recommendations.
E. Provide the TOWN with current and accurate information and data, as may be
reasonable under the circumstances, for documenting study initiation, progress, and
completion.
F. Upon execution of a Scope of Work, submit a monthly invoice to the TOWN for
reimbursement of time and materials utilized by the Department for the study, with the
total reimbursement amount not to exceed the cost identified in the Scope of Work.
G. Appoint a Project Manager to interface with the TOWN for each study.
Regular Council Meeting - April 5, 2011 - Page 19 of 53 1 of 5
H. Obtain Rights -of -Way permits for projects or studies that may be within the Town
Rights -of -Way.
2. The TOWN shall:
A. Issue a Task Order Authorization that specifies the funding source and timeline for the
project after reviewing the Scope of Work.
B. Remit monthly payments to the Department for study costs associated with an approved
Scope of Work, upon receipt and approval of a monthly invoice from the Department.
C. Appoint a Project Manager to interface with the Department for each study.
D. Review study documents and provide written comments to the Department, as necessary,
through the completion of the Scope of Work and acceptance of the study.
E. Waive Rights -of -Way permit fees for the Department for projects requested by the
TOWN.
3. The Parties mutually agree::
A. To cooperate in the development of an acceptable Scope of Work for each study project
which the TOWN wishes the Department to perform. Said Scope of Work shall identify
study deliverables, an implementation schedule, and the approved cost.
4. Effective Date and Duration. This ISA is effective as of the last signature date below, and
expires five (5) years from that date, unless terminated earlier by the Parties. This ISA may
be extended for additional terms through the issuance of a written modification, signed, and
dated by all Parties.
5. Termination Generally. Either Party may terminate this ISA upon thirty (30) days' written
notice to the other Party. Upon termination, all work performed pursuant to this ISA shall
cease. The TOWN shall be liable for payment to the Department for that work and
materials, as stated in the Statement of Work, which was performed by the Department up to
the date of termination.
6. Notices. All written notices concerning this ISA shall be delivered in person or sent by
certified mail, return receipt requested, to the Parties as follows:
A. For the Commission:
Larry D. Voyles, Director
5000 W. Carefree Highway
Phoenix, Arizona 85086
B. For the TOWN:
Gilbert Davidson
Town Manager
11555 W. Civic Center Drive
Marana, Arizona 85653
7. Non - discrimination. In carrying out the terms of this ISA, the Parties agree to comply with
Executive Order 99 -4 prohibiting discrimination in employment, the provisions of which are
incorporated herein by reference.
Regular Council Meeting - April 5, 2011 - Page 20 of 53 2 of 5
8. Audit. Pursuant to A.R.S. § 35 -214, all books, accounts, reports, files, electronic data, and
other records relating to this ISA shall be subject at all reasonable times to inspection and
audit by the State of Arizona for five (5) years after completion of this ISA.
9. Arbitration. To the extent required pursuant to A.R.S. § 12 -1518, the Parties agree to use
arbitration to resolve any dispute arising under this ISA, with each Party to bear its own
attorneys' fees and costs. Unless otherwise directed by a court, court rules or state statute,
any arbitration or other dispute resolution proceeding shall take place in Pima County,
Arizona.
10. Termination for Conflict of Interest. This ISA is subject to termination pursuant to A.R.S. §
38 -511.
11. Termination for Non-Availability of Funds. Every obligation of the Parties under this ISA is
conditioned upon the availability of funds appropriated or allocated for the payment of such
obligation. If funds for the continuance of this ISA are not allocated or are not available,
this ISA shall terminate automatically on the date of expiration of funding. In the event of
such termination, the Parties shall incur no further obligation or liability under this ISA other
than for payment of services rendered prior to the expiration of funding.
12. Other Agreements This ISA in no way restricts either Party from participating in similar
activities with other public or private agencies, organizations, or individuals.
13. Compliance with Applicable Law. All work performed pursuant to this ISA shall be in
compliance with all applicable state and federal laws and regulations.
14. Integration. This ISA constitutes the entire agreement between the Parties pertaining to the
subject matter herein and accurately sets forth the rights, duties, and obligations of each
Party. All prior or contemporaneous agreements and understandings, oral or written, are
hereby superseded and merged herein. The agreed upon Scope of Work shall be made a part
of this agreement and is incorporated herein by reference. The provisions of this ISA may
be abrogated, modified, rescinded, or amended in whole or in part only by mutual written
consent executed by the Parties.
15. Severability. In the event that any provision of this ISA or portion thereof is held invalid,
illegal, or unenforceable, such provision or portion thereof shall be severed from this ISA
and shall have no effect on the remaining provisions of this ISA, which shall remain in full
force and effect.
16. No Partnership or Joint Agency. Nothing in this ISA shall be construed to create any
partnership or joint agency relationship between the Department and the TOWN.
17. Immil;ration Laws As mandated by A.R.S. § 41 -4401, the Parties are prohibited after
September 30, 2008, from awarding a contract to any contractor or subcontractor that fails to
comply with A.R.S. § 23- 214(A). The Parties must also ensure that every contractor and
subcontractor complies with federal immigration laws and regulations that relate to their
employees and A.R.S. § 23- 214(A). Therefore, in signing or performing any contract, the
Parties fully understand that:
Regular Council Meeting - April 5, 2011 - Page 21 of 53 3 of 5
1. The Parties warrant that they and any subcontractors they may use will comply with all
federal immigration laws and regulations that relate to their employees and their
compliance with A.R.S. § 23-214(A).
2. A breach of the warranty described in subsection (1), shall be deemed a material breach
of the contract that is subject to penalties tip to and including termination of the contract,
3. The Parties retain the legal right to inspect the papers of any employee who works on the
contract to ensure that the contractor or subcontractor is complying with the warranty
under subsection (1)
IN WETNESS WHEREOF, the Parties ,hereto have executed this ISA as of the last signature date;
below:
TOWN OF MARAN
Ed Hones
Mayor
:bate
ARIZONA GAME AND FISH COMMISSION
D. V4yfei
Director, Arizona Game and Fish Department
Tate,
Regular Council Meeting - April 5, 2011 - Page 22 of 53 4 of 5.
ATTORNEY CERTIFICATION '
The foregoing Inter - Agency Service Agreement by and between the 'roAn of Marana and the
Arizona Came and Fish Commission has been reviewed pursuant to A.R.S. § 11 -952 by the
undersigned who have determined that it is in proper form and is within the powers and authority
granted under the laws of the State of Arizona to those Parties to the Inter - Agency Service:
Agreement..
Town of Maranay
Frank Cassidy, Attorney for the TOWN` Tate
Arizona Game and Fish Department:
Jim 4denkirk, Attorney for the Department Date
Regular Council Meeting - April 5, 2011 - Page 23 of 53 5 of 5
ARANA
REGULAR COUNCIL MEETING
MINUTES
11555 W. Civic Center Drive, Marana, Arizona 85653
Council Chambers, March 15, 2011, at or after 7:00 PM
Ed Honea, Mayor
Herb Kai, Vice Mayor
Russell Clanagan, Council Member
Patti Comerford, Council M (iber
Carol McGorray, Counc�Iernber
Jon Post, Council,;l ember
Roxanne Ziegler, Goluncil Member
REGULAR COUNCIL G
CALL TO ORDER AND ROLL CALF
Mayor Honea called the meeting to order of 7 ,0 1 _P.m. Town erk Bronson called roll.
All Council Members were present except oun I er Clanagan, who was
excused. A quorum was present.
PLEDGE OF ALLEN.iIANCEI 4VOCATI0l 1Y1OMENT OF SILENCE
Led by Mayor Honea
APPROV A.-VJ1 AGENDA
Motion t` approve fnvll by cil Member McGorray, second by Council Member
Ziegler Wotion carried', nantm�i�rsty°
CALL TO THE PUBLIC
No speaker cars :were presented.
PROCLAMATIONS
Valley Fever Project Proclamation
Ms. Bronson read the proclamation as Mayor Honea presented it to Jaime Gutierrez
and John Galgiani from the University of Arizona. Both Mr. Gutierrez and Dr.
Galgiani spoke and thanked Council for their support of this program.
MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS
Council Member Ziegler thanked those present for re- electing her to serve another four
years. She commented on the large voter turnout and how pleased she was that residents
were becoming more active in their community.
Regular Council Meeting - April 5, 2011 - Page 24 of 53 1
March 15, 2011 Council Meeting Minutes
Council Member McGorray reported on the recent birth of her grandson on Saturday.
Mayor Honea also thanked the voters for allowing him to serve on the Council for
another four years. Mayor Honea also introduced the new Council Member - elect, Dave
Bowen.
MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS
Mr. Davidson reported that the monthly executive report is ready for distribution. In
addition, there is a financial summary for the fiscal year – tracking in the positive. The
American Public Works Association, Southern Arizona branch, holds a luncheon and
awards program, and the town won the large project designation for the Camino de
Manana/Twin Peaks project. And a special honor, our town engineer, Keith Brann, was
awarded Professional of the Year.
PRESENTATIONS
CONSENT AGENDA
Motion to approve moved by Council Member P t, second by CouncilMember
McGorray. Motion carried unanimously.
C 1: Resolution No. 2011 -35: Relating to Adm>nstratiogZproving and authorizing
the mayor to execute a first amendment to the agreemri legal services with Barry M.
Corey of the law firm of DeConcini McDonald Yetwin� acy, P.C., providing for Mr.
Corey's representation of the Grievance Review Committ &�6s'tablished by the
Memorandum of Understanding between tlq�avvn of Maranad'�the Marana Police
Officers' Association
C 2: Ordinance No. 2Q,I 09; Relating to Health and Sanitation; amending Marana
Town Code chapter # - - enti fireworks permits "; renaming chapter 10 -5 as
"fireworks"; adding `deflnitions t€i'the chapter; establishing prohibited and permitted
activities in conformance with state laws regarding the sale, possession and use of
fireworks; renumbering exlstir(g ch ptbr 0 , clarifying investigation and insurance
requlremerits fof'publlc displ f fireworks; establishing criminal penalties for
violate s; and deslgnat ii an ell date
C 3 Res6iution No. o. 201 I- Relating to Administration; approving a revised social
media use ad istrative directive for Town of Marana employees and elected and
appointed official
C 4: Minutes of the March 1, 2011 regular council meeting
LIQUOR LICENSES
Ms. Bronson read all three liquor licenses and asked for one vote for all three
applications, noting that Mr. Cassidy had approved this procedure.
Motion to approve moved by Council Member Comerford, second by Council Member
Post. Motion carried unanimously.
L 1: Relating to Liquor Licenses; recommendation to the state liquor board regarding a
New Series #12 (Restaurant) liquor license application submitted by Nilza G. Iwaya
Montano on behalf of Lupita's Cafe located at 7077 N. Thornydale Road
Regular Council Meeting - April 5, 2011 - Page 25 of 53 2
March 15, 2011 Council Meeting Minutes
L 2: Relating to Liquor Licenses; recommendation to the state liquor board regarding the
special event liquor license application submitted by the Arizona Paralyzed Veterans of
America on behalf of Harley- Davidson of Tucson, 7355 N. I -10 East Bound Frontage
Road for a charitable fundraiser
L 3: Relating to Liquor Licenses; recommendation to the state liquor board regarding the
special event liquor license application submitted by the Marana Health Center, 13395 N.
Marana Main Street, for a grand opening fundraiser
BOARDS, COMMISSIONS AND COMMITTEES
COUNCIL ACTION
A 1: Resolution No. 2011-37: - Relating to Elections; adopting�le insults of the primary
election held on March 8, 2011. Ms. Bronson noted that stafad received the Official
Canvass of the March 8, 2011 Primary Election and read thb, record the results. The
resolution has been updated from what was presented in +buncil packets to reflect the
final results `x
Motion by Vice Mayor Kai, second by Council Member Comerford to ado : fie official
canvass of the March 8, 2011 Primary Election : Won, married unanimo� y.
A 2: PUBLIC HEARING: Ordinance No. 2011 10 dating to Development;
amending the Land Development Code "Title 3 (Definition o by adding a "Designated
Commercial Area" definition to Sectioli P1,04 ud modifying it 5 (Zoning) Section
05.02.01 (Zone A - Small Lot Zone), as it relatti" itted�uses; and establishing an
effective date
Resolution No. 2011, Relate to DeveloIi ent; declaring as a public record filed with
the Town Clerk the Am *ments,to Marana Lana Development Code Title 3 (Definitions)
adding a "Designated C erctal Area" definition to Section 03.04 and modifying Title
5 (Zoning) Sectio 05.02 ": 'one k-=&-,n Ilot Zone), as it relates to permitted uses
Mayo J onea noted f ;t the itertt� as now in public hearing. Presented by Lisa Shafer.
She dit this is a small amendment which also going to do some boosting for the
econom � W
y. e are trying 6.provld"6 some relief to some of the businesses in the area.
Currently, the alphabet zoning which is mostly in the north has the ability to do different
types of uses, biit Mostly y61z have to go through a significant land use change. In many
areas that were built1bor purposes, this is cumbersome. If you have a small
strip center and it's nofeasy to lease out for one reason or another, the SLUC process can
time and has a cost associated. So staff took a look at what could be done. This
modification attempts to mitigate the need for the SLUC in some cases. The Mayor
noted that there were no speakers and closed the public hearing.
Motion to approve moved by Council Member McGorray, second by Council Member
Post. Motion carried unanimously.
ITEMS FOR DISCUSSION/POSSIBLE ACTION
D 1: Legislative /Intergovernmental Report: regarding all pending state and federal
legislation and report on recent meetings of other legislative bodies
Regular Council Meeting - April 5, 2011 - Page 26 of 53 3
March 15, 2011 Council Meeting Minutes
Mr. Davidson noted that there was no report.
EXECUTIVE SESSIONS
Mayor Honea stated that a brief executive session was needed for Item E. 2.
Motion to go into executive session by Council Member Post, seconded by Council
Member Comerford. Motion carried unanimously.
Council left the dais at 7:22 p.m.
Council returned to the dais at 7:50 p.m.
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 Attorn � "'doncerning any matter
listed on this agenda.
E 2: Executive Session pursuant to A.R.S. § 38-431.03 (7), discussion or
consultation for legal advice with the Town's attorneys`and "discussi end to consider its
position and instruct the Town Manager and staff c oncerning (1) the lawsuit entitled
Town of Marana v. Pima County/Pima County v Marana (consolidated), M'pa
County Superior Court No. CV2008- 001131,(2) pp, ing l g issues, settlement
discussions and contract negotiations relating to the tia sit of Marana wastewater
collection and treatment to the Town pf Marana
No action was required.
FUTURE AGENDA ITEMS
ADJOURNMENT s
Motion to adjourn mod by Council Member ,Post, second by Council Member
Comerford. Motion carried unOnanously.
The meeting was ak�rned at- 2 M.
CERTIATION
I hereby certify that the foroing are the true and correct minutes of the Marana Town
Council meet10,`ngheld on Mich 15, 2011.1 further certify that a quorum was present.
Jocelyn C. Bronson, gown Clerk
Regular Council Meeting - April 5, 2011 - Page 27 of 53 4
March 15, 2011 Council Meeting Minutes
ARAN
MARANA TOWN COUNCIL
STUDY SESSION
NOTICE AND AGENDA
11555 W. Civic Center Drive, Marana, Arizona 85653
Council Chambers, March 22, 2011, at or after 6;00 PM
Ed Honea, Mayor
Herb Kai, Vice Mayor _.
Russell Clanagan, Council Member `
Patti Comerford, Councit .'amber
Carol McGorray, Council Member' .
Jon Post, CoundlMember
Roxanne Ziegler, Couil Memer
ACTION MAY BE TAKEN BY THE COUNCIL 09 MW ITEM LISTED ON THIS
AGENDA.
Revisions to the agenda can occur up to 24 hour prior to the meeting. Revised agenda
items appear in italics. The Council Chambers are whe hpitr and handicapped
accessible. Any person hii* reason of at_y disability, i8'm need of special services as a
result of their disability; such`4 sistive listening devices, agenda materials printed in
Braille or large print ,,a. , signer f6khe hearing irnpaiired, etc., will be accommodated. Such
special services are available upon prior request'! o the Town Clerk at least 10 working
days prior to the Council meeting
CALL TO ORDER ANA ROLL CALL
May6i nea called the�eeting tor,bider at 6:02 p.m. Town Clerk Bronson called roll.
All Counci f as present ex pt Co ncil Member Clanagan, who was excused. There was
a quorum prt
PLEDGE OF ALLEQIANCE /INVOCATION/MOMENT OF SILENCE
Led by Mayor Honea,'T
APPROVAL OF AGENDA
Motion to approve moved by Council Member McGorray, second by Council Member
Comerford Motion carried unanimously.
DISCUSSION/DIRECTION/POSSIBLE ACTION
D 1: Presentation: Relating to Community Development; providing an overview of the
planning process for the Central Arizona Association of Governments long -range
multimodal transportation plan for Pinal County
Regular Council Meeting - April 5, 2011 - Page 28 of 53 1
March 22, 2011 Council Meeting Minutes
T Van Hook introduced Jack Tomasik, Regional Planning Director for Central Arizona
Association of Governments. He noted that this will be the first year for Pinal County's
annual schedule of transportation projects. This will be done to stimulate growth which
may not occur until 2014 -2015. There is more population growth than there is job
growth. This will be funded by ADOT; no members will be asked to contribute, and they
will try to complete the plan in three to four years. They are looking for a stakeholder
based process, emphasizing participation at each community level and they are asking for
Marana's input so that CAAG has transportation to support the town's goals as well as
others. Although ADOT is in favor of the project, CAAG is in partnership with Pinal
County, cities and towns, nonprofits, education and the public. They want stakeholder
ownership. The plan will follow federal guidelines and all kinds of funding techniques
because dollars will be an issue. There were no questions from :Council.
D2: Presentation: Relating to the Environment; update oilthe l nergy Grant
Jennifer Christelman gave a brief presentation on the ARRA funds ant in the
amount of $171,000. This grant also allowed for, one staff position, cui`;&ttly held by
Justin Currie. The deliverables that the town is responsible for under the grant an
energy audit of the municipal buildings, which is c irnplete, demonstrationIproject on a
facility retrofit, which is in progress; and an energy strategy for the town, which is being
drafted. The audit was done for both ; the municipal coiriplex and the operations center.
The retrofit project includes installation Of double pane wii'tWws and the replacement of
three air conditioning units at the operationk lWer. This project; also has a community
education component. Tentative completion is sch -,*d for May 7, 2011. The energy
strategy being drafted will include transportation effirt; building, infrastructure and
equipment, water conservitionand manage' m n t, the use of renewable resources, solid
waste reduction and mmunhy outreach. Ms Christelman presented examples for each
component. Coun8fMember Comerford coi n iprided Ms. Christelman for the effort
she and her staff have ptif iilkto th s prc iect. Vices [ayor Kai commented on a solar
concept being user at the V, spi 'possibility of generating power with
natural gas as elenien�,to posibl consider:
Motidh- vhoved by Count embe VlcGorray, second by Council Member Comerford
to bring Energy 0 icieney and Conservation Strategy for adoption to
complete the grapt deliverables. Motion carried unanimously.
D 3: Presentation Relating to Utilities; information to be used during the March 30,
2011 public hearing for Town of Marana's Pima Association of Governments 208 plan
Amendment
Presented by Barbara Johnson on behalf of Ms. O'Brien. Ms. Johnson again
emphasized that March 30, 2011 is the public hearing for the 208 plan amendment which
will give the town the designated management agency for operating our wastewater
within the town boundaries. She noted that Dan Jackson will be at the hearing to go
through the rate study information. One of the areas not addressed with Council
previously are the numbers and the assumptions under the rate plan; what the costs are
and how the labor costs were estimated. Tonight is the preview of what will be presented
on March 30. She then introduced Thom Martinez from Westland Resources who gave
Regular Council Meeting -April 5, 2011 - Page 29 of 53 2
March 22, 2011 Council Meeting Minutes
an overview of the capital and operations and maintenance costs for the town's new
wastewater facility. Tonight's presentation will focus on the assumptions and inputs
from the town's technical team to project the proposed rates and fees to construct and
maintain the facility. Mr. Martinez noted on a map the areas that will be served by the
town's wastewater facility and the areas which will continue to be provided service by
Pima County's wastewater system. He then presented the proposed areas with costs in
2011 dollars: South Marana conveyance data for an estimated cost of $ l OM; the Sandario
WRF first phase estimated cost of $12M and second phase cost of $14M; the purchase of
the North Marana WRF for an estimated cost of $8M and proposed upgrades for an
estimated $1.5M. Contingencies are projected at $8M. The capital cost summary is
shown for a total 10 -year estimated cost of $54.6M.
Staffing for the wastewater utility will increase to a total of 1 } fall time employees
including operators, technicians, engineering, safety and admtr ,dative positions.
Annual labor costs in year 4 are estimated at $1.1M in 201,1 dollars ';Over the first four
years of service the town will need to purchase equip or an estimitt ad cost of
$1.1M. Operating and maintaining the sewer colt ion system will req[;�
system costs in year 2014 of $1M.
The town will either purchase the North Marana planfroi Pima County or construct a
new facility in that area. The new South Marana faclllty; ll have approximately the
same capacity as the North Marana plat To project WRF operations and maintenance
costs, Pima County's 2009/10 budget vices lased,, ,Costs were added in for solids processing
facilities. Estimated costs for this in year, 2014 estimated at,,700,000 and a total cost
for operations is estimated $2.8M. These npmbel s havi een given to Dan Jackson at
Economists.com to project - -ire model.
Mr. Martinez showe Council elide compari g,Marana fees to Pima County fees for
2014. The schedule assns $ Pt a ppnty connection fees based on 26 fixture unit
equivalents, aW assuming , 0 gaaI € onth average winter use. Marana's costs
for a typical'resid6n to -meter ll remain the same as Pima County's rate of $36.18. The
connect fees for a 6#jol reslll property will decrease by $1,803; the connection
fees forsnesses will dease by,9,611; and user fees for typical commercial will
remain the die ($36.18) 6 ept that Pima County's rate can increase up to $98.11 for
select commerpi#1 accounts.'
There was general pssion on the presentation.
D 4: Presentation: Relating to Infrastructure; presentation on impact fees in Marana
Keith Brann presented on active impact fees, other than sewer. The impact fees are the
way the state has granted municipalities the ability to pay for growth. These fees are
allowable and are based on comprehensive technical studies and a public process to
determine what infrastructure needs are required to sustain growth and what portion of
the growth should be borne by builders. Part of that review is existing levels of service,
full build -out that creates a differential and what it will take to keep the level of service
the same. The costs are then apportioned to regional transportation needs, i.e. Tangerine
Road, which is used by more than just Marana residents; existing homes and new homes
Regular Council Meeting - April 5, 2011 - Page 30 of 53 3
March 22, 2011 Council Meeting Minutes
yet to be built and existing and new commercial building. At this point, although Pima
County and City of Tucson have assessed an impact fee on commercial building, Marana
has not. The town's position thus far has been that commercial entities generate sales
taxes which are ongoing revenues sources, but the traffic generated by commercial
development has been part of the equation. The other key thing to remember about
impact fees that many developments require infrastructure just to serve their
development. If that infrastructure coincides with the infrastructure that is part of the fee
basis and the developer builds it, they get a credit against that fee.
Mr. Brann then enumerated the various impact fees currently levied within the town.
Included are the Lower Santa Cruz Levee fee implemented in 1999 and projected to
collect $1.9M - received to date $240K; the South Transportation fe. implemented in
2001 and projected to bring in $14M — collected to date $8 9M; Northwest Road Fee
implemented in 2005 and projected revenue of $154.5Molleotd $1.5M; Northeast
Road fee implemented in 2007 and projected revenue of9.2Mclected $0.9M; Park
Development fee implemented in 2005 and projecte,"t $89.I M revel* — collected
$6M; Gravity Storage and Renewable Water Rescce fee implementer ir005 and
projected revenue of $1293M — collected $24A and the`Water System In icture
fee implemented in 2005 and projected to collect' $ .3m — elected $1.4M.'
He then gave an overview of examples of impact fees and` credits and how the impact
fees make costs fair for all builders and developers.
General discussion followed and how these fees ti ir-to Community Facilities Districts.
Council Member Ziegler asked Erik Montague r'ma1h "', ctor, if the departments use
impact fee revenue as part irk their budget calculations. iv><r. Montague clarified that
there were two separate issues hire. The actual costs attributable to community facilities
districts are separate "W'dgets thaiare brought fr 6re the boards for consideration which
include outstanding debt eryic portion and operations and maintenance which is $30
per $100 of a c ed valuation The` 4 is he" maximum amount that can be levied. An
amount less than "that pan be lred when it's appropriate for the true costs of
infrastructure. As part tof,ie bud�dgvelopment, staff is increasingly involving those
impact departments, i e 'arks arq , treets for related maintenance to provide the
mechanisitto allow for thrackirg and charging of those costs on a true cost basis to
those districts process continuing to evolve. With respect to the impact fees, each
Source is discretely presented which means they are reported and recorded within their
own funded and ame is mingled. This means they are separately accounted for. So
each of the fees discu ed this evening are reported in a group or separate group of funds.
Barbara Johnson pointed out that those fees are used for capital projects; they're used to
build infrastructure only, not to support department general operations.
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.
Regular Council Meeting - April 5, 2011 - Page 31 of 53 4
March 22, 2011 Council Meeting Minutes
ADJOURNMENT
Motion to adjourn moved by Council Member McGorray, second by Council Member
Comerford Motion carried unanimously.
The meeting was adjourned at 7:40 p.m.
CERTIFICATION
I hereby certify that the foregoing are the true and correct minutes of the Marana Town
Council study session held on March 22, 2011. I further certify that a quorum was
present.
Jocelyn C. Bronson, Town Clerk
'A
Regular Council Meeting - April 5, 2011 - Page 32 of 53 5
March 22, 2011 Council Meeting Minutes
ARAN
11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653
Council Chambers, April 5, 2011, 7:00:00 PM
To: Mayor and Council Item B 1
From: Jocelyn C. Bronson , Town Clerk
Strategic Plan Focus Area:
Community Building
Strategic Plan Focus Area - Additional Information:
This action aligns with the goal of having citizens involved and connected with the town to help
provide a safe and viable community.
Subject: Resolution No. 2011 -42. Relating to Boards, Commissions and Committees; re-
appointing Tamara Westberg and Larry Steckler to the Parks & Recreation Citizen
Advisory Commission
Discussion:
Pursuant to ordinance adopted in 2009, the Council may consider appointing applicants to fill
vacant positions on citizen boards, commissions and committees. Requests for re- appointments
may also be considered.
Currently, two Parks & Recreation Citizen Advisory Commissioner appointments have expired.
Tamara Westberg and Larry Steckler have submitted requests for re- appointment for another
term, which will expire January 31, 2015.
ATTACHMENTS:
Name: Description: Type:
E] Parks Rec CAC_ appointment IDOC Parks & Recreation CAC re- appointments Cover Memo
Staff Recommendation:
Staff recommends Council re- appointment of Tamara Westberg and Larry Steckler for another
term on the Parks & Recreation Citizen Advisory Commission, to expire January 31, 2015.
Suggested Motion:
I move to adopt Resolution No. 2011 -42; approving the re- appointments of Tamara Westberg
and Larry Steckler to the Parks & Recreation Citizen Advisory Commission, with terms expiring
January 31, 2015.
Regular Council Meeting - April 5, 2011 - Page 33 of 53
MARANA RESOLUTION NO. 2011-42
RELATING TO BOARDS, COMMISSIONS AND COMMITTEES; RE- APPOINTING
TAMARA WESTBERG AND LARRY STECKLER TO THE PARKS & RECREATION CITIZEN
ADVISORY COMMISSION
WHEREAS Marana Town Code Section 2 -6 -2 establishes the procedure for Mayor and
Council appointments to boards, commissions and committees; and
WHEREAS the Mayor and Council desire to re- appoint Tamara Westberg and Larry Steckler
to the Parks & Recreation Citizen Advisory Commission for another term and find that the re-
appointments addressed by this resolution are in the best interest of the town and its citizens.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, ARIZONA, that Tamara Westberg and Larry Steckler shall be re- appointed
to the Utilities Citizen Advisory Commission with terms expiring January 31, 2015.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 5 th day of April, 2011.
Mayor Ed Honea
ATTEST:
Jocelyn C. Bronson, Town Clerk
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
Regular Council Meeting - April 5, 2011 - Page 34 of 53
'. rt�
M ARA NA
/
11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653
Council Chambers, April 5, 2011, 7:00:00 PM
To: Mayor and Council Item D 1
From: Gilbert Davidson , Town Manager
Strategic Plan Focus Area:
Not Applicable
Subject: Legislative/I Report: regarding all pending state and federal
legislation and report on recent meetings of other legislative bodies
Discussion:
This item is scheduled for each regular council meeting in order to provide an opportunity for
discussion of any legislative or regional intergovernmental item that might arise. Periodically, an
oral report may be given to supplement the Legislative Bulletins.
ATTACHMENTS:
Name: Description: Type:
❑ 201. 1_Legislative_Bulletin_# 10.pdf Legislative Bulletin #10 Backup Material
❑ 201.1 Legislative Bulletin #_11.pdf Legislative Bulletin #11 Backup Material
❑ 201_1_Legislative Bulletin #_12.pdf Legislative Bulletin #12 Backup Material
Staff Recommendation:
Upon the request of Council, staff will be pleased to provide recommendations on specific
legislative /intergovernmental issues.
Suggested Motion:
Mayor and Council's pleasure.
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Legislative Bulletin —
ISSUE 10 - MARCH 11, 2011
Legislative Overview
Today is the sixty -first day of the first regular session of Arizona's 50th Legislature. If recent history is repeated and
leadership expectations are fulfilled, then the current session is more than halfway completed.
Only two weeks of committee hearings remain. In the meantime, closed -door negotiations continue regarding
production of a budget for the coming fiscal year. There is much speculation at the Capitol regarding the
development by conservative legislators of an alternative budget containing spending cuts far more draconian than
those proposed in the Governors budget. The League is prepared to vigorously oppose any proposals calling for
harmful budget reductions to cities and towns.
Development Impact Fees
Cities and towns are strongly encouraged to contact their members of the House of Representatives and ask them to
oppose SB 1525 (city; town; development fees). The bill makes a number of sweeping changes to the development
impact fee system and moves Arizona away from the principle that growth should pay for itself, rather than increase
the burden on existing taxpayers.
This bill was drafted without involvement from cities and towns, and it undoes many items that have been
previously negotiated between the homebuilding industry and municipalities over the last six years. City and town
impact fee rates are currently under a statutory freeze that continues through June of 2012.
At the request of Governor Brewer, both sides have agreed to discuss the impact fee process, with all issues on the
table. The first meeting of that work group was scheduled for today (Friday). We will keep you updated about any
progress on the issue resulting from this work group process. Meanwhile, tell your Representatives that, among
other things, the bill:
• limits the number of things for which impact fees can be charged, taking discretion away from city and town
councils;
• changes how the fees are to be calculated;
• redefines which developments are eligible to benefit from impact fees and the process for updating a city's
infrastructure improvement plan;
• sets up an extensive 'offset" provision to credit other taxes and revenues against impact fees, making it
unlikely any impact fees could even be assessed;
• requires projects to be completed within five years (or else development fees are refunded);
• greatly extends the timeline for adoption of fee schedules;
• jeopardizes the ability of cities to pay back outstanding bonds with impact fees, which may result in higher
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property or sales taxes;
• creates a new advisory committee in each city or town; at least 60 percent of this committee's membership
must be drawn from the real estate and homebuilding industries;
• establishes an unreasonably short period of time for all cities and towns to rewrite their local development
fee ordinances to comply with this new statute; and
• extends the "grandfather' provision for freezing rates on approved developments from two years to five
years.
Please remind your Representatives that development impact fees actually create jobs because they are spent
exclusively on infrastructure projects. Those infrastructure improvements are required for homebuilders to sell the
houses they intend to build. It should not be the responsibility of city or town general funds or existing residents to
subsidize growth in their communities.
Residential Rental Taxes
On Tuesday, March 8, the House Committee on Government considered SB 1160 (city sales tax; residential rental).
The bill, requiring that the imposition of any tax increase on residential landlords be approved by a vote of the
people, had previously passed the full Senate. Despite the League's vocal opposition, the bill was approved by the
committee on a vote of 8 -1. The bill now proceeds to the House floor.
Apartment Trash Collection
SB 1204 (trash collection; multifamily housing) is scheduled to be heard in the House Government Committee next
Tuesday. The bill mandates that private waste haulers be given the opportunity to contract for the removal of trash
from apartment complexes. The sponsor, Senator Gail Griffin (R- Hereford) had agreed to work with the League
when the bill moved to the House, and we remain hopeful that there will positive changes to the bill that cities and
towns can accept.
Consumer Fireworks
On Wednesday, the Senate Committee of the Whole passed SB 1379 (consumer fireworks; regulation). The strike -
everything amendment to the bill limits the extent to which cities and towns may regulate the use of fireworks.
Among other things, it mandates that cities may not prohibit the use of consumer fireworks during the periods of
June 15 to July 5 and December 12 to January 2. Additionally, the Senate adopted a floor amendment offered by
Senator Frank Antenori (R- Tucson). That amendment prohibits the sale of fireworks in a county with a population of
less than 500,000 people and containing between 2.5 and 5 million acres of federal land. The bill now proceeds to
third reading.
Fire Sprinklers
On Thursday, Governor Brewer signed HB 2153 (municipalities; counties; fire sprinklers; code). The bill prohibits
cities and towns from mandating the installation of sprinkler systems in new homes. Municipalities that adopted
such requirements before 2010 are exempt. The bill will go into effect 90 days after the legislative session
concludes.
Regulatory Reform Update
This week the Legislature addressed two bills involving regulatory reform. HB 2501 (rules; laws; ordinances;
interpretation) requires that any rule, ordinance or law related to permitting, licensing or zoning that is ambiguous
be interpreted in favor of the party challenging its clarity. The League opposes the measure, which passed the
House of Representatives on Thursday by a vote of 40 -20. On Tuesday, the Senate passed SB 1598 (cities; counties;
regulatory review) by a party -line vote. The measure applies to local government the Regulatory Bill of Rights,
which currently governs state agencies; it also makes changes to the general plan statutes regarding aggregate
resources. The League is working to finalize amendment language to address our concerns.
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Emergency Response Fee Prohibition
With certain exceptions, HB 2003 (emergency response services fee; prohibition) precludes political subdivisions
from charging for the recovery of costs incurred for responding to motor vehicle accidents. At least one rural
Arizona city regularly responds to accidents on a remote state highway because no one else is available to respond.
Because of the strain on its already- stressed budget, that city seeks reimbursement for the costs incurred.
Accordingly, Representative Nancy McLain (R- Bullhead City) amended the bill in committee to exempt counties with
populations under one million.
The League is working with the automobile insurance industry on another amendment to ensure that the bill's
prohibition does not apply to services rendered pursuant to intergovernmental agreements between cities and
towns. The bill, which previously passed the House, was approved Wednesday by the Senate Public Safety and
Human Services Committee on a 4 -2 vote.
Photo Radar
A pair of bills regarding the use of photo radar for traffic enforcement purposes moved through the legislative
process this week. SB 1354 (photo enforcement; violator identification; response) passed the Senate by a vote of 21-
9 on March 8. The bill provides that persons receiving a photo radar ticket are required to neither identify the driver
in the photo nor respond to the complaint.
A related measure, SCR 1029 (photo radar prohibition), passed the Senate by a vote of 18 -12 on March 10. This
concurrent resolution would put the question of a statewide photo radar ban to a vote of the people. A companion
bill (SB 1352: photo radar prohibition), a measure to impose a statutory ban on the use of photo radar, was
previously defeated in the Senate. The League opposes all of these radar bills to the extent they dimish local
control and impact public safety.
Liquor
SB 1460 (liquor omnibus) passed third reading in the Senate this week by a vote of 23 -7. The bill was amended to
permit municipalities and counties to protest the transfer of an existing liquor license to a new business owner; that
had been one of our principal points of contention. The bill now proceeds to the House.
Political Signs
On Tuesday, the House debated HB 2500 (political signs) in the Committee of the Whole. This bill provides that
political signs must be permitted in public rights -of -way as long as they don't create a public safety hazard. The bill
sponsor, Representative David Gowan (R- Sierra Vista), offered a floor amendment crafted by the League that
provides for:
• the inclusion of candidate contact information (to facilitate the return of removed signs);
• the length of time required (ten business days) cities must hold signs for candidates before the signs are
otherwise disposed;
• immunity for municipalities for failure to remove non - compliant signs; and
• the creation of business zones within which political signs are prohibited.
The House passed its third reading on March 10 by a vote of 34 -26.
Managed Competition and Personnel Compensation
On March 10, the Senate Committee of the Whole passed SB 1322 (s /e: managed competition, city services), a bill
mandating comprehensive private competition for city services. The bill was amended on the floor by its sponsor,
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League of Arizona Cities and Towns - Legislative Bulletin Page 4 of 6
Senator Frank Antenori (R- Tucson), to change the population threshold of cities to which the bill applies from
200,000 to 500,000 persons. The amendment also raised the maximum dollar limit of permissible non - competed
contracts from $50,000 to $75,000.
The Senate Committee of the Whole also passed SB 1345 (s /e: municipal employees; compensation). The bill
originally provided that, beginning in 2014, the number of municipal employees shall not exceed 0.4 percent of the
population of the city and that the average compensation of municipal employees shall not exceed the average
salary of private sector employees in that community. The bill was amended on the floor to provide that the
average compensation of a municipal employee shall not exceed 110% of the average salary of private sector
employees.
SB 1347 (cities; compensation baseline) rolls back municipal pay grades to their fiscal year 2007 levels. The bill was
retained on the Committee of the Whole calendar.
SB 1322 and SB 1345 will likely be third read next week. Although these bills, in their current form, apply only to
Arizona's largest cities, they represent a terrible precedent and a frontal assault on local control and self -
governance. Accordingly, the League strongly encourages all of its members to contact their senators to urge a "NO"
vote on these two bills.
Rental Sales Tax Collection Update
HB 2289 (real property; rental; municipal taxes) passed the House on third read by a vote of 39 -21 on Thursday. The
bill had previously passed out of committee with a strike- everything amendment requiring the Department of
Revenue (DOR) to collect and remit real property rental taxes for self - collecting cities on a quarterly basis. The bill,
however, was further amended on the floor with language negotiated between Representative Jeff Dial (R-
Ahwatukee), DOR and the League. The bill now requires DOR to provide information on its website regarding real
property rental licensing and payment requirements. The League would like to thank Representative Dial for his
cooperative efforts, and we look forward to continuing to work productively with him in the future.
Pension Reform Update
The major pension reform bills pending in the Legislature progressed through the process this week. SB 1609
(retirement systems; plans; plan design), Senator Steve Yarbrough's (R- Chandler) comprehensive pension reform bill,
was first read and assigned to the House Committee on Employment and Regulatory Affairs. HB 2726 (public
retirement systems; plan design), sponsored by Speaker of the House Kirk Adams, passed out of the House Rules
Committee on Monday and both caucuses on Tuesday. The League continues to support the efforts of the Legislature
to enact meaningful reform to our state's pension system.
Legislator Profile: David Burnell Smith
Representative David Burnell Smith distinctly remembers his first fight as a Golden
Gloves boxer. Perhaps that's partly because his first boxing match was also his last.
Growing up in West Virginia, young David had listened to his dad's title fight on the
radio. His father was contending for the Golden Gloves championship of his weight
class. At five- foot -six, the elder Smith was a relatively diminutive yet ferocious boxer.
He did not, however, fare well on that particular day. "Smith takes another hit!"
"Smith is knocked down again," the sportscaster reported.
Determined to make his father proud, David climbed into the ring after having trained
tirelessly for weeks. Finally, his moment arrived. The bell rang and the fight was on.
Within seconds, he had his own bell rung. "I was hit so hard, I saw stars," the District 7
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Representative recalls. He staggered through the remainder of the fight, but he never
quit, and he was never knocked down.
The future lawmaker quickly concluded that he wasn't born to be a pugilist and decided that he would do his future
fighting in the courtroom. His journey to the Bar, however, involved a long and uphill climb out of the hollers of
West Virginia.
Raised in the heart of Appalachia, Rep. Smith learned at an early age about the value of hard work and
determination. He got his first job as a newspaper boy at age nine, and he has worked continuously ever since. He
worked at Kroger's grocery through high school and worked his way through the University of Charleston as a night
clerk at a community bank. Working the graveyard shift, he would arrive at the bank at midnight, proofread checks
through the night, rush home to change, head off to school, power through some homework, and then try to sneak
in a couple hours of sleep before starting all over again. It was, he remembers, a miserable way to live.
Rep. Smith also learned a great deal about human nature as a youngster traveling the back roads of West Virginia
with his father, an employee of Dupont Chemical who served as a part -time minister in the Methodist Church. "He
taught me that people who pray the loudest and the longest are the ones you need to watch out for the most," says
Rep. Smith. "You can see the real nature of people far more clearly through their deeds than their words."
Following college and a tour in the Coast Guard reserves, Rep. Smith went to work for Gulf Oil. A highly successful
sales representative in the field, he won a trip to Disney World for his achievements. More important, Gulf paid his
way through law school at the University of Baltimore. Upon graduation from law school, Gulf offered him a position
as one of two lawyers in the company's nascent environmental law department. Because he aspired to be a trial
lawyer, Rep. Smith declined the offer, though he can't help but wonder how his life would have differed had he
overseen the explosive growth of the oil giant's environmental practice.
Rep. Smith instead embraced his wife's objective to relocate to her native Colorado, where he built a successful law
practice from scratch, working around the clock and indefatigably marketing his services. By and by, he was
presented with a chance business opportunity in Glendale. That led to his passage of the Arizona Bar exam and
commencement of a legal practice in the Valley. He purchased a house in Carefree, where he and his wife have
lived ever since.
One day, in the course of representing a client, Rep. Smith traveled to the city offices of Peoria. "I'd like to see the
judge," he requested. A clerical employee responded, "We don't have one. You want to be one ?" "I said 'OK'," Rep.
Smith recollects, "and just like that I became a judge pro tem."
Rep. Smith served on the bench for ten years, between 1984 and 1994, while he continued his private law practice.
Somehow during that period, he also found time to appear in the movies. Notably, he played the role of a detective
in Dead Girls Don't Tango, a campy murder mystery starring Karen Black. (He has a screen credit for this
performance as "Dennis" in the Internet Movie Database - look it up!)
Rep. Smith has a congenital interest in politics. He walked door -to -door with his father when the latter ran for the
state Legislature in West Virginia, and he majored in political science in college. His passion for politics ran at a
fever pitch when he attended the first presidential inauguration of Ronald Reagan in 1981 as a guest of Holly Coors
(the American conservative political activist and philanthropist who was married to Joseph Coors, the president of
Coors Brewing Company). Seated next to Ginger Rogers, Rep. Smith felt somewhat self - conscious in his morning suit
and black eel cowboy boots. He found himself in good company, though, when the newly elected President of the
United States of America passed right in front of him - wearing a morning suit and cowboy boots. (In another parallel
to America's 40th president, Rep. Smith was sworn into the Bar by the same individual who administered the oath of
office to Reagan: the Honorable Warren E. Burger, serving at the time as Chief Justice of the United States Supreme
Court.)
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Rep. Smith threw his own cowboy hat into the ring of elective politics in 1994, when he ran for Congress against J.D.
Hayworth and a host of Republican primary contestants. His loss in that election did anything but discourage him
from future campaigns. He ran for the Arizona Senate in 1998 and lost. He ran again for the same seat in 2000 and
lost. He ran in 2002 and lost. The very poster child of perseverance, he ran for the Arizona House in 2004 and
emerged victorious. He resigned his seat, however, in the course of a dispute with the Citizens Clean Elections
Commission over campaign spending. Like the Terminator, he vowed to his colleagues, "I'll be back."
Following yet another electoral setback in a 2006 House run, Rep. Smith fulfilled his pledge with a victory in 2010.
Representing the municipalities of Carefree, Cave Creek, Phoenix and Scottsdale, Rep. Smith serves as vice
chairman of the House Judiciary Committee. He also serves on the Banking and Insurance Committee and the
Military Affairs and Public Safety Committee. A fierce proponent of liberty, he opposes the imposition of onerous
mandates on cities and towns. "It is just as wrong," he asserts, "for the State to saddle the cities with unfunded
mandates as it is for the federal government to force such mandates on the states."
Just as in his short -lived boxing career, Rep. David Burnell Smith has endured some punishing blows in his political
career. But he has never been knocked down. And he will never ever quit.
Legislative Bulletin is published by the League of Arizona Cities and Towns.
Forward your comments or suggestions to league@azleague.org.
Regular Council Meeting - April 5, 2011 - Page 41 of 53
League of Arizona Cities and Towns - Legislative Bulletin Page 1 of 6
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Legislative Bulletin —
ISSUE 11 - MARCH 18, 2011
Legislative Overview
Today is the 68th day of the first session of Arizona's 50th Legislature. The past week was an unusually busy one at
the State Capitol, where the news was dominated by the Senate budget plan (see story below), the forced ouster of
the Senate Majority Leader and defeat of immigration bills authored by the Senate President.
Late Tuesday, Senate leadership released its comprehensive budget plan. The package of budget bills (SB 1612
through SB 1624) includes spending reductions at least $368 million deeper than those proposed by Governor
Brewer. It also omits some $275 million in spending increases proposed in the Governor's budget. The budget
package passed the Senate on Wednesday on a series of votes that generally followed along party lines.
In other news, Republicans voted 12 -9 to remove Senator Scott Bundgaard (R- Peoria) from his leadership position as
Senate Majority Leader. He was replaced by Senator Andy Biggs (R- Gilbert).
Highway User Revenue Fund
Among the proposals included in the Senate budget is a diversion of $83 million from the Highway User Revenue
Fund (HURF) to the Arizona Department of Transportation. Approximately one -half of that amount, $43 million,
comes from that portion of HURF funding distributed to cities, towns and counties. The net effect on municipalities
is a loss of approximately $26 million in HURF distributions over and above the $12.5 million reduction previously
proposed by the Governor. The League opposes the additional HURF reduction and prefers and supports the
Governors budget. We will continue to work constructively with legislators and the Governor on a final budget that
minimizes negative impacts on cities and towns.
Impact Fees
Discussions between the League and homebuilders regarding SB 1525 (city; town; development fees) continued this
week under the auspices of the Office of the Governor. In response to the sweeping language of SB 1525 - language
that virtually eliminates impact fees in the state - the League offered an alternative bill that builds upon much of
the language negotiated with homebuilders over the last six years and adds three additional items that the
homebuilders claim are essential: a refund provision, establishment of an advisory committee in each city and town,
and a definition of "necessary public services." A final meeting of the two sides is scheduled for late today, Friday,
March 18.
SB 1525 is scheduled to be heard on Tuesday afternoon in the House Committee on Government. If there is
agreement on compromise language, we will alert you by separate email. Meanwhile, we are proceeding under the
assumption that the original language of SB 1525 will be considered in committee. Please strongly encourage your
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Representatives to oppose SB 1525 in its current form. The Members of the House Committee on Government are:
Rep. Judy Burges (R- District 4), Rep. Steve Urie (R- District 22), Rep. Ben Arredondo (D- District 17), Rep. Tom Forese
(R- District 21), Rep. David Gowan (R- District 30), Rep. Katie Hobbs (D- District 15), Rep. Eric Meyer (D- District 11),
Rep. Steve Montenegro (R- District 12), and Rep. Michelle Ugenti (R- District 8).
Managed Competition
On March 14, the Senate passed SB 1322 (managed competition; city services) by a vote of 18 -10. The bill, opposed
by the League, mandates comprehensive private competition for city services. It provides that, with certain
exceptions, all contracts valued in excess of $75,000 must be subject to private sector competition. By establishing
a population threshold of 500,000, the bill now applies only to Tucson and Phoenix. The sponsor, however, has
previously expressed an interest in expanding its application to other cities. The bill is scheduled for a hearing next
Tuesday before the House Government Committee.
A related bill, SB 1345 (municipal employees; compensation) establishes strict limits on personnel and compensation
levels in Arizona's two largest cities. The bill, also opposed by the League, was defeated in the Senate on March 14
by a vote of 12 -16.
Residential Rental Taxes
SB 1160 (city sales tax; residential rental) requires that the imposition of any tax increase on residential landlords
be approved by a vote of the people. Despite the League's persistent opposition, the bill has passed the full Senate
and the House Government Committee. The bill was caucused by the House majority and minority on March 15 and
is subject to placement on the Committee of the Whole calendar.
Deannexation and Incorporation
On Monday, the Senate passed SB 1333 (cities; towns; deannexation; incorporation) by a vote of 21 -7. The League
continues to oppose the provisions of the bill that create a statewide process for the deannexation of pockets of
land within the incorporated boundaries of an existing municipality. The League is working with other interested
parties to improve the legislation, which is scheduled for a hearing before the House Government Committee on
March 22.
Apartment Trash Collection
SB 1204 (trash collection; multifamily housing), which previously passed the Senate, was approved by the House
Government Committee this week on a 4 -2 vote. The sponsor, Senator Gail Griffin (R- Hereford) did not accept the
League's amendment that provided for uniformity of service, a delayed effectiveness date and other protections for
cities. Senator Griffin had previously expressed a willingness to work with the League on this bill. At the initiative of
Representative Steve Urie (R- Gilbert), Vice Chair of the House Government Committee, stakeholders have begun to
meet to consider potential amendments to the bill.
Consumer Fireworks
SB 1379 (now: consumer fireworks; regulation) limits the extent to which cities and towns may regulate the use of
fireworks. Among other things, it mandates that cities may not prohibit the use of consumer fireworks during the
periods of June 15 to July 5 and December 12 to January 2. SB 1379 will be heard before the House Government
Committee on Tuesday, March 22.
Emergency Response Fee Prohibition
With certain exceptions, HB 2003 (emergency response services fee; prohibition) precludes political subdivisions
from charging for the recovery of costs incurred for responding to motor vehicle accidents. The bill, previously
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passed by the House, was approved by the Senate Rules Committee on Monday. The League is working with the
sponsor on a floor amendment to ensure that the bill's prohibition does not apply to services rendered pursuant to
intergovernmental agreements between cities and towns.
Regulatory Reform Update
On Tuesday, March 15, the House Committee on Government was scheduled to consider SB 1286 (counties; cities;
permits; time limits), which imposes a 60 -day time limit on local permitting. The bill was retained on the committee
calendar but has reappeared on the March 22 agenda.
HB 2501 (rules; laws; ordinances; interpretation) requires that any rule, ordinance or law related to permitting,
licensing or zoning that is ambiguous be interpreted in favor of the party challenging its clarity. The League opposes
the measure, which is scheduled for a hearing before the Senate Government Reform Committee on March 23.
On Tuesday, March 22, the House Committee on Government is scheduled to hear SB 1598 (cities; counties;
regulatory review). The measure applies the Regulatory Bill of Rights (currently governing state agencies) to local
government; it also makes changes to the general plan statutes regarding aggregate resources. The League has been
working with stakeholders on a committee amendment to address our concerns. SB 1598 represents a more
manageable approach to regulatory reform than alternate measures currently moving through the legislative
process.
Photo Radar
SB 1354 (photo enforcement; violator identification; response) provides that persons receiving a photo radar ticket
are required to neither identify the driver in the photo nor respond to the complaint. The bill, which is opposed by
the League and which passed the Senate on March 8, has been assigned to the House Committee on Transportation.
That committee has yet to schedule a hearing on the bill, though the week of March 21 is expected to be the last
week of committee hearings in the Legislature.
A related measure, SCR 1029 (photo radar prohibition), would put the question of a statewide photo radar ban to a
vote of the people. The bill passed the Senate on March 10 but has not yet been first read in the House.
Assessments on Moving Violations
In addition to eliminating the state photo radar enforcement system, SB 1353 (moving violations; assessment;
enforcement; equipment) as passed by the Senate, imposes a $13 assessment on every civil penalty or fine on motor
vehicle related operations. The total amount is allocated as follows: $4 to the Public Safety Equipment Fund, $4 to
the Gang and Immigration Intelligence Team Enforcement Mission, $4 to the agency that issued the citation (to be
spent for officer safety equipment), and the remaining $1 to the justice courts. The League has concerns that
municipal courts and treasurers will incur the costs of complying with this measure without the compensation
provided to other affected entities.
Utility Charges
Two bills related to delinquent utility charges both stalled in the Legislature this week, but for different reasons. SB
1157 (wastewater and garbage charges) and HB 2193 (municipal water charges; responsibility) both prevent
municipalities from seeking recovery of utility charges from anyone (e.g. a property owner) other than the
individual who contracts for the service (e.g. a tenant).
SB 1157 was held in the House Committee on Government without being heard on Tuesday. HB 2193 was scheduled
for a Wednesday hearing before the Senate Committee on Water, Land Use and Rural Development, but
consideration of the Senate budget package (see story above) forced cancellation of all committee hearings that
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day. The committee has rescheduled the bill for consideration on Wednesday, March 23.
Pension Reform Update
SB 1609 (retirement systems; plans; plan design), comprehensive pension reform legislation introduced by Senator
Steve Yarbrough (R- Chandler), is scheduled to be heard in the House Committee on Employment and Regulatory
Affairs this coming Tuesday. There will be an amendment to the bill that reflects a compromise between Sen.
Yarbrough and Speaker of the House Kirk Adams (R- Mesa), another author of comprehensive pension reform
legislation. The League continues to support the efforts of these legislators to enact meaningful pension reform.
Immigration
On Thursday, the Senate voted on a number of measures pertaining to illegal immigration. Of particular note was SB
1611 (immigration omnibus), comprehensive legislation that visits multiple operational impacts on cities and towns.
SB 1611 failed to pass the Senate on Thursday by a vote of 11 -19; the other immigration bills failed as well.
Liquor
SB 1460 (liquor omnibus) is scheduled for a hearing before the House Commerce Committee on March 23. The bill
was previously amended to permit municipalities and counties to protest the transfer of an existing liquor license to
a new business owner, an issue that was very important to the League. The League continues to work with the
proponents of the measure to effect more positive changes.
Firearms
The House Judiciary Committee will hear SB 1201 (firearms omnibus) on Thursday March 24. Although a number of
unacceptable provisions have been removed from the bill, it still requires those public entities that prohibit firearms
in their buildings to provide metal detectors, lock boxes for storage and armed personnel at their entrances.
Compliance with this provision alone would be extremely expensive for many cities. We will continue to oppose this
bill unless and until our concerns are addressed.
Legislator Profile:
Representative Sally Ann Gonzales
When Rep. Sally Ann Gonzales learned about an employment opportunity as a public
school bus driver, she applied for the job and showed up for a scheduled interview.
She had not, however, anticipated that the "interview" would be composed of a
school bus driving test. There was just one problem: she had never before driven a
bus or any other sort of massive public conveyance. Undaunted, she hopped into the
driver's seat, fired up the engine, and passed the test.
This episode illustrates a certain fearlessness and willingness to take giant leaps of
faith. These ualities have helped pro pet Rep. Gonzales from the most abject poverty
q P P P P
to a seat in the Arizona House of Representatives.
One of eleven children, Rep. Gonzales grew up in the impoverished Yaqui community
of Guadalupe, Arizona. As the middle child with seven brothers and three sisters, she
found that competition for food and attention was fierce. Her daily routine included
preparation of an enormous stack of tortillas, which along with beans was a constant staple of the family diet.
Dinner was taken in shifts, because the family never owned a table large enough to accommodate everyone.
Because the children were so active, the tortilla pile was often insufficient, and woe to the child who did not get to
the table on time! Only later in life did Rep. Gonzales learn that her mother often went to bed hungry, declining to
eat so that her children could have more.
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As a child, Rep. Gonzales had no consciousness of being poor. Her circumstances were all she knew. Those
circumstances included difficult field labor - pulling vegetables from the ground under the sizzling Arizona sun -
from the fifth grade on. They also included regular attendance at school. Her mother, who had not enjoyed the
benefits of formal education herself, absolutely insisted that her children attend school. She saw education as the
great equalizer and regarded it as both a ticket out of poverty and a necessary prerequisite for one to effectively
fight for justice.
And little Sally loved school - largely because of the abundance and variety of good food! Her countenance brightens
as she recalls the aroma of freshly baked bread and the offerings of mashed potatoes and an assortment of fresh
meat, fruits and vegetables. ( "This was before schools served processed junk food," she remarks.) It was a
cornucopia unknown in the family home.
She also preferred school over the alternative. "If we were at home, we had to clean," she recalls. There was no
time to be idle in her crowded house.
As a teenager, life was hard, and it didn't get any easier when Rep. Gonzales dropped out of high school (she was
enrolled in the first class to attend Marcos de Niza in Tempe) to raise the first of her five daughters. Time passed,
her young husband lost his job, and Rep. Gonzales joined the workforce. She hoped to work in or around school so
that she could keep an eye on her young daughter. The only available job at school, however, was that of a school
bus aide. "I was very young, and I looked even younger, so they put me on the bus to rat on the kids who were
misbehaving." Curiously, the children didn't catch on. 'They thought I was a special kid attending another school,"
she recalls with a laugh.
Following her stint as an undercover spy, she worked as a teachers aide for two years. An instructor at the school
encouraged Rep. Gonzales to complete her own education. Accordingly, she and her husband passed their General
Educational Development tests, and then she enrolled in Mesa Community College (MCC). She accepted the bus
driver job, because it offered better pay and a schedule that permitted her to attend classes. She held that job for
seven years while she completed her course of study at MCC and went on to earn a bachelor's degree in education at
Arizona State University. Later she relocated to Tucson to get a master's degree in multicultural education from the
University of Arizona.
Reflecting her mother's values, Rep. Gonzales joined her sisters in pursuit of a meaningful career in public
education. Serving as a fifth grade classroom teacher where her children attended, Rep. Gonzales became involved
in education politics. As a parent and school employee, she was alarmed at the conditions prevailing at schools
attended by underserved children. Her own school, designed for a student population of fewer than 500, was
attended by more than 900 children, 75% of whom were Yaqui. As a consequence, Rep. Gonzales taught in one of
fifteen portable buildings. Troubled by the inequality in service and infrastructure among different areas of the
school district, Rep. Gonzales went to work as an advocate. The efforts she spearheaded eventually led to the
construction of new schools and the expansion of bilingual education programs.
Learning from this experience that her dedication could result in real -world positive outcomes, she decided to enter
politics and ran for the Pascua Yaqui tribal council in 1992. Securing all of the signatures she needed on the final
day to submit petitions ( "it helps to have a large family "), she won her election and a seat on the council. Buoyed by
her success, she ran for an open seat in the Arizona House in 1996. Ever the underdog, she won again and served
two terms before pursuing a seat in the State Senate in 2000. She lost that election by a thin margin, enjoyed a one -
year sabbatical and then accepted a position as the Director of Education for the Pascua Yaqui tribe.
Rep. Gonzales' successful bid to return to the House in 2010 was largely a response to the encouragement of her
grown girls. Advocates and activists themselves, they were discouraged by the direction the state was headed, and
basically said, "Mom, you have to go back and lead us to a better Arizona."
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League of Arizona Cities and Towns - Legislative Bulletin Page 6 of 6
As a return legislator, Rep. Gonzales is mystified by the surfeit of anti -city bills under consideration by the
Legislature. "I just don't understand where they are coming from," she laments. 'Those who are preaching the
loudest for less government are the first to impose new mandates on cities and towns. " With a faint smile, she
wryly whispers, "They speak with forked tongue."
Rep. Gonzales is manifestly proud of her Yaqui roots and family heritage. Her grandmother was born in Congress,
Arizona, during the state's mining heyday and later repatriated to Guadalupe. Always the educator, Rep. Gonzales is
quick to explain how, at the turn of the century, Father Lucius helped moved the tribe from its original flood -prone
location (off present -day Baseline Road, east of Priest) to Guadalupe. Upon relocation, the tribe had forty acres,
upon which her own mother was born.
Rep. Gonzales' favorite pastime is spending time with her twenty grandchildren. She is amazed to see how quickly
they learn to walk and talk and activate the computer skills with which they seem to be born. With enough
grandkids to field two entire softball teams (including designated hitters), she loves to join them on the diamond to
play a few innings now and again. She also likes to sew, particularly because it results in a product that is tangible,
useful and beautiful: "something we don't see here at the Legislature very often," she jokes.
As during her previous service in the House, Rep. Gonzales is a member of the minority party, with limited power
over the legislative agenda. There is no doubt, though, that if she ever has the opportunity to do so, she will gladly
and fearlessly take the wheel and steer the bus.
Legislative Bulletin is published by the League of Arizona Cities and Towns.
Forward your comments or suggestions to league@azleague.org.
Regular Council Meeting - April 5, 2011 - Page 47 of 53
League of Arizona Cities and Towns - Legislative Bulletin
Lee--agufe% %if Anzona
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Legislative Bull i p
ISSUE 12 - MARCH 25, 2011
Legislative Overview
Today is the seventy -fifth day of the first session of the 50th Arizona Legislature. Accordingly, if the House and
Senate comply with the 100 -day session deadline established by rule, then the session is three - fourths complete.
The 100th day of session would be April 19th.
This past week provided the final opportunity for committees to conduct hearings on pending legislation. (The
appropriations committees constitute an exception, as it is standard practice for Appropriations to continue to hear
bills after the regular committee deadline.) Accordingly, the universe of bills with which the League is actively
engaged has narrowed somewhat. Still, an unusual number of bills detrimental to the interests of Arizona
municipalities remain in play. On Tuesday, for example, the House Government Committee heard seven bills that
the League has actively opposed this session. Of the seven, four were amended to accommodate League concerns,
but three were approved in their objectionable form and continue to move through the process.
Budget
Three -way negotiations regarding the FY 2011 -12 state budget are reported to be underway between the Office of
the Governor and House and Senate leadership. Governor Brewer's budget proposal, introduced in January, was the
starting point for Senate and House deliberations this year, but the plan that passed the Senate contains
substantially deeper cuts and negatively impacts cities and towns by an additional $26 million.
Some members of the League Executive Committee met with Governor Brewer and her staff on Monday and
reiterated the League's support for her budget proposal. They thanked her for her outspoken protection of the
shared revenue system, and pointed out that cities and towns have been her reliable allies on items such as
Proposition 100, a ballot measure to enact a temporary increase in the state sales tax. Beyond merely supporting
this controversial measure, cities and towns voluntarily sacrificed their ordinary share of the supplemental sales tax
collections.
House leadership met throughout the week with small groups of Representatives to discuss the competing budget
proposals. Because legislative leadership intends to complete the session within one - hundred days of its
commencement, it is possible that a compromise budget proposal will emerge sometime in the next two weeks.
Impact Fees
On Tuesday, the House Government Committee considered SB 1525 (city; town; development fees). A city - supported
amendment to the bill was offered by Representative Steve Urie (R- Gilbert), but it was not adopted by the
committee. Instead, the committee adopted an amendment authored by the homebuilders and offered by
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League of Arizona Cities and Towns - Legislative Bulletin
Representative Tom Forese (R- Gilbert). That amendment makes minor and cosmetic changes to the bill, improving it
only slightly. Even with the amendment, SB 1525 guts the current impact fee system. Among other things, the
legislation requires municipalities to completely redo their Infrastructure Improvement Plans and development fee
studies in an unreasonably short time frame, potentially costing millions of dollars. The bill has the effect of shifting
the infrastructure costs of new growth from the impact fee system to existing residents.
The League will continue its good -faith participation in such stakeholder meetings as are scheduled. Many
legislators, however, appear to be upset that the homebuilders continue their inexorable mission to pass a sweeping
rewrite of impact fee laws this session, particularly because more than a year remains on the current statutory
impact fee rate freeze. The homebuilder- drafted amendment adopted by the House Government Committee does
not make the bill acceptable to cities and towns -and we ask you to tell your House members to oppose the bill. It is
unfair to taxpayers and is not beneficial to the economy.
Managed Competition
On March 22, the Senate Government Committee heard and approved SB 1322 (managed competition; city services)
by a vote of 5 -4. The League delivered testimony in strong opposition to this legislation, which mandates
comprehensive private competition for city services. The bill provides that, with certain exceptions, all city services
valued in excess of $75,000 must be subject to private sector competition. By establishing a population threshold of
500,000, the measure currently applies only to Tucson and Phoenix. In testimony before the committee, however,
the bill's principal sponsor testified that he hopes the legislation can be applied to other cities in the future. The
legislation now moves to the House Rules Committee and party caucuses. All cities and towns, regardless of size, are
encouraged to ask their Representatives to oppose SB 1322 as a massive and improper interference in matters of
purely local concern.
Residential Rental Taxes
SB 1160 (city sales tax; residential rental), requiring that the imposition of any tax increase on residential landlords
be approved by a vote of the people, was approved by the House Committee of the Whole without discussion on
March 23. The bill, which previously passed the Senate, now proceeds to third reading in the House. The League
remains opposed and requests that you urge your Representatives to vote "no" on final passage.
Commercial Lease Tax Exemption
SB 1166 (municipal tax exemption; commercial lease), legislation to exempt taxes on certain commercial lease
transactions between related corporations, passed the House Ways and Means Committee on Monday, March 21 by a
vote of 5 -3. The League has unsuccessfully attempted to work with proponents of the legislation to limit the scope
of the measure, which was previously passed by the Senate. Accordingly, the League remains opposed.
Identical legislation, HB 2230, is scheduled to be heard in the Senate Appropriations Committee next week. The
measure, which previously passed the House, will be used as a strike - everything vehicle for legislation unrelated to
municipal governance.
Deannexation and Incorporation
On Tuesday, the House Government Committee passed SB 1333 (cities; towns; deannexation; incorporation) by a
vote of 7 -2. Pursuant to efforts of the League, provisions of the bill creating a statewide process for deannexation
were removed by amendment. The bill was also amended to clarify a technical issue regarding large incorporations
in Pima County. With these changes, the League is neutral on the bill and thanks Senator Frank Antenori (R- Tucson)
for working with us to address our concerns and Representative Steve Urie (R- Gilbert) for sponsoring the
amendments. The League has committed to work with Sen. Antenori on an ongoing basis to address issues pertaining
to incorporation and deannexation.
Regular Council Meeting - April 5, 2011 - Page 49 of 53
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League of Arizona Cities and Towns - Legislative Bulletin
Apartment Trash Collection
On Tuesday, the Senate majority and minority caucused SB 1204 (trash collection; multifamily housing). The
legislation, however, was pulled from the consent calendar, as stakeholders continue to meet to develop
compromise language rendering the bill acceptable to interested parties. The legislation mandates that private
waste haulers be given the opportunity to contract for the removal of trash from apartment complexes. The League
is confident that an agreement can be reached in short order.
Consumer Fireworks
On March 22, the House Government Committee passed SB 1379 (now: consumer fireworks; regulation). This bill
limits the extent to which cities and towns may regulate the use of fireworks. Among other things, it mandates that
cities may not prohibit the use of consumer fireworks during the periods of June 15 to July 5 and December 12 to
January 2. However, the bill would prohibit the sale of fireworks in a county with a population of less than 500,000
people and containing between 2.5 and 5 million acres of federal land. The Committee also passed an amendment
offered by the chair, Representative Judy Burges (R -Skull Valley), prohibiting the sale of consumer fireworks in an
area that is zoned for residential use. The bill now proceeds to House Rules.
Emergency Response Fee Prohibition
On Thursday, the Senate Committee of the Whole amended and passed HB 2003 (emergency response services fee;
prohibition). With certain exceptions, this bill precludes political subdivisions from charging for the recovery of
costs incurred for responding to motor vehicle accidents.
The League successfully promoted the amendment that was adopted by the Committee of the Whole. That
amendment ensures that the bill's prohibition does not apply to services rendered under intergovernmental
agreements between cities and towns. Pursuant to a previous amendment, cities and towns in counties with
populations of less than one million are also exempt from the provisions of the legislation. HB 2003 now proceeds to
third reading in the Senate.
Regulatory Reform
This week the Legislature considered a trio of bills aimed at enacting regulatory reform. On Wednesday, HB 2501
(rules; laws; ordinances; interpretation) was approved by the Senate Government Reform Committee on a vote of 4-
1. The bill requires that any rule, ordinance or law related to permitting, licensing or zoning that is ambiguous be
interpreted in favor of the party challenging its clarity. The League strongly opposes the measure.
On Tuesday, the House Committee on Government passed SB 1286 (counties; cities; permits; time limits), which
establishes a 60 -day time limit for local action on permit applications. The bill, opposed by the League, was
amended to provide for applicant- requested extensions and to require local governments to disclose to unsuccessful
applicants information regarding approved applications.
In the same hearing, SB 1598 (cities; counties; regulatory review) was approved with a consensus amendment
developed through extensive stakeholder negotiations. The measure applies the Regulatory Bill of Rights (currently
governing state agencies) to local government; it also makes changes to the general plan statutes regarding
aggregate resources. SB 1598 represents a more manageable approach to regulatory reform than alternative
measures moving through the legislative process. The League is neutral on the bill and thanks the sponsor, Senator
Lori Klein (R- Anthem), for her cooperation and work on the compromise amendment.
Photo Radar
On Wednesday, the House Appropriations Committee adopted a strike- everything amendment to SB 1398 (photo
enforcement; DPS equipment fund). The amendment contains language from SB 1353 (moving violations;
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League of Arizona Cities and Towns - Legislative Bulletin
assessment; enforcement; equipment), which eliminates the state photo radar enforcement system and imposes a
supplemental $13 assessment on every traffic fine for specified purposes. The amendment also contains modified
provisions of SB 1354 (photo enforcement; violator identification; response), which provides that persons receiving a
photo radar notice of violation are required to neither identify the driver in the photo nor respond to the complaint.
The strike - everything amendment was further amended in committee to remove the SB 1354 provisions - with the
understanding that certain elements of SB 1354 regarding notice of violations will be reworked to address the
concerns of the League and others. The League will participate in a stakeholder process to negotiate compromise
language.
On Thursday, the House Transportation Committee considered a strike - everything amendment to SB 1354 to
eliminate local authority to use photo radar for speed enforcement. A number of witnesses appeared before the
committee to oppose the amendment. In addition to the League, opponents included representatives from the
photo radar industry, a traffic school instructor and the Safer Arizona Roads Alliance. The bill ultimately failed on a
vote of 3 -5. The League gratefully acknowledges Representatives Karen Fann (R- Prescott) and Nancy McLain (R-
Bullhead City) for highlighting the importance of local control when casting their "nay" votes.
Utility Charges
Two bills related to delinquent utility charges went in different directions this week. SB 1157 (now: wastewater and
garbage charges) became a vehicle for a strike - everything amendment regarding candidate qualifications (n.b. the
striker does not affect municipalities). In contrast, HB 2193 (municipal water charges; responsibility) passed the
Senate Water, Land Use and Rural Development Committee. This bill prevents municipalities from seeking recovery
of utility charges from anyone (e.g. a property owner) other than an individual who has contracted for the service
(e.g. a tenant) and has resided at the service address. The League is working on an amendment that would, at a
minimum, remove wastewater charges from the bill, because the termination of sewer service is far more difficult
and costly than that of water service.
Liquor
SB 1460 (now: liquor omnibus) passed the House Commerce Committee on March 23. The bill was previously
amended to permit municipalities and counties to protest the transfer of an existing liquor license to a new business
owner, a provision that was crucial to the League. The League continues to work with bill proponents to further
improve the measure.
Firearms
The House Judiciary Committee heard and passed HB 1201 (firearms omnibus) on Thursday. Although a number of
unacceptable provisions have been removed from the bill, it still requires public entities that ban firearms from
their buildings to provide metal detectors, lock boxes for storage and armed personnel at their entrances. The
committee adopted an amendment offered by Representative Doris Goodale (R- Kingman) to exclude public buildings
that house judicial departments, law enforcement and prosecutorial agencies from this requirement. Other public
buildings, however, remain affected, and compliance would be extremely expensive for many cities. We will
continue to oppose this bill unless and until our concerns are satisfactorily addressed.
Pension Reform
This week the House Employment and Regulatory Affairs Committee approved a heavily amended version of SB 1609
(retirement systems; plans; plan design). The bill as amended represents a compromise between Speaker of the
House Kirk Adams (R -Mesa) and Senator Steve Yarbrough (R- Chandler). The League supports this comprehensive
pension reform bill and is committed to helping enact the meaningful and necessary reforms embodied in the
legislation. Point your browser here for a chart illustrating the pension reform changes effected by the bill.
(see page 6 for pension reform changes chart.)
Regular Council Meeting - April 5, 2011 - Page 51 of 53
Page 4 of 6
League of Arizona Cities and Towns - Legislative Bulletin
Legislator Profile
Watch this space for a profile of Representative Katie Hobbs (D- Phoenix) in next week's Legislative Bulletin.
Legislative Bulletin is published by the League of Arizona Cities and Towns.
Forward your comments or suggestions to league@azleague.org.
Regular Council Meeting - April 5, 2011 - Page 52 of 53
Page 5 of 6
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