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Home My WebLink AboutCouncil Agenda Packet 04/01/2003 TOWN OF MAR.ANA, ARIZONA COUNCIL MEETING AGENDA 13251 N. Lon Adams Road • April 1, 2003 - 7 :00 p.m. Mayor Bobby Sutton, Jr. Vice Mayor Herb Kai Council Member Jim Blake Council Member Patti Comerford Council Member Tim Escobedo Council Member Ed Honea Council Member Carol McGorray Town Manager Mike Hein Assistant Town Manager Mike Reuwsaat 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 twenty -four hours prior to the meeting.. In such a case a new agenda will be posted in place of this agenda. If you are interested in speaking to the Council during Petitions and Comments, Public Hearings, or other agenda items, you must fill out a speaker card (at the rear of the Council Chambers) and deliver it to the Clerk in advance of the agenda item you wish to address. It is up to the Mayor and Council whether individuals will be allowed to address the Council on issues other • than Announcements, Petitions & Comments, and Public Hearings. All persons attending the Council Meeting, whether speaking to the Council or not, are expected to observe the Council Rules, as well as the rules of politeness, propriety, decorum and good conduct Any person interfering with the meeting in any way, or acting rudely or loudly will be removed. from the meeting and will not be allowed to return.. To better serve the citizens of Marana and others attending our meetings, the Council Chamber is wheelchair and handicapped accessible. Any person who, by reason. of any disability, is in need of special services as a result of their disability, such as assistive listening devices, agenda materials printed in Braille or large print, a signer for the hearing impaired, etc., will be accommodated. Such special services are available upon prior request, at least ten (10) working days prior to the Council Meeting. For a copy of this agenda or questions about the Council Meetings, special services, or procedures, please contact Jocelyn C. Bronson, Town Clerk, at 682 -3401, Monday through Friday from 8:00 a.m. to 5 :00 p.m. ACTION MAY BE TAKEN BY THE COUNCIL ON ANY ITEM LISTED ON THIS AGENDA.. Amended agenda items appear in italics. Posted by March 28, 2003 by 7 :00 o'clock p.m., at the Marana Town Hall, Marana Police Department, Marana Development Services Center. ❑ • 1 TOWN OF MARANA, ARIZONA COUNCIL MEETING AGENDA 13251 N. Lon Adams Road . April 1, 2003 _ 7:00 p.m. I. CALL TO ORDER H. PLEDGE OF ALLEGIANCE III. INVOCATION/MOMENT OF SILENCE IV. ROLL CALL V. APPROVAL OF AGENDA VI. ACCEPTANCE OF MINUTES Minutes of the March 18, 2003 regular Council Meeting VII. CALL TO THE PUBLIC — ANNOUNCEMENTS — INTRODUCTIONS 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 (3) minutes to speak. Any persons wishing to address the Council must complete a speaker card (located at the rear of the Council chambers) and deliver it to the Town Clerk prior to this agenda item being called. 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. VIII.. STAFF REPORTS IX. GENERAL ORDER OF BUSINESS A. CONSENT AGENDA The consent agenda contains agenda items requiring action by the Council which are generally routine items not requiring council discussion. A single motion will approve all items on the consent agenda, including any resolutions or ordinances. A Council Member may remove any issue from the consent agenda, and that issue will be discussed and voted upon separately, immediately following the consent agenda. 1. Resolution No. 2003 -25: Exchange Town of Marana public rights -of -way of Freeway Frontage Road for the new Sydney Theresa Way, Travel Center Drive and Joiner Road to be dedicated by the Orange Grove I -10 Plaza Final Plat (Farhad Moghimi) 2. Resolution No. 2003 -26: authorizing the renewal of an Intergovernmental Agreement with Pima County for payment of incarceration of municipal prisoners (Jocelyn Bronson) 2 t TOWN OF MARANA, ARIZONA COUNCIL MEETING AGENDA 13251 N. Lon Adams Road • April 1, 2003 - 7 :00 p.m. B. COUNCIL ACTION 1. PUBLIC HEARING. Ordinance No. 2003.06 Tangerine Water Users Group Rezone; A request initiated by the Town of Marana to rezone approximately 40 acres located north of Benta Vista and south of Tangerine Road, in a portion of Section 5, Township 12 South, Range 12 east, from "C" (Large Lot Zone) to "MU -1" (Mixed Use Zone) (Joel Shapiro) 2. Resolution No. 2003 -24: Adoption of the National Park Service (NPS) Comprehensive Management and Use Plan (CMP) and the Master Plan for Pima County, Arizona Segment - Juan Bautista de Anza National Historic Trail: The comprehensive Management and Use Plan provides objectives for the Historic Trail and defines roles for individual agencies impacted by the Trail. The Master Plan precisely identifies the necessary rights -of -way along the Trail's 70 mile corridor through Pima County and is a regulatory extension of the National Park Service's Comprehensive Management and Use Plan. (Joel Shapiro) 3. Resolution No. 2003 -23: Intergovernmental Agreement (IGA) between the Town of Marana and the National Park Service (NPS) concerning the Juan Bautista de Anza Historic Trail (Anza Trail): The approval of this resolution shall establish. an IGA with the NPS whereby the Town agrees to • adopt the NPS's Comprehensive Management and Use Plan (CMP) and agrees to participate in the certification of segments of the Juan Bautista de Anza National Historic Trail within the Town's jurisdiction. The CMP provides policy for the enhancement of public access to and awareness of the Juan Bautista de Anza Historic Trail. (Joel Shapiro) 4. Resolution No. 2003 -29 Acquisition of 104.9 Acres of State Department of Transportation Land (Jim DeGrood) 5. State Legislative Issues — Discussion/Direction/Action regarding all pending bills before the Legislature (Mike Hein) C. MANOR AND COUNCIL'S REPORT D. MANAGERS' REPORT X. UPCOMING EVENTS XI FUTURE AGENDA ITEMS XH.. ADJOURNMENT Bobby Sutton, Jr., Mayor 3 �� rr �-�t �� x .,MINUTES OF REGULAR`COUNCIL MEETING, f A�� %' M PLACE AND DATE Marana Town Hall, March 18, 2003 I. CALL TO ORDER By Mayor Sutton at 7:04 p.m. II. PLEDGE OF ALLEGIANCE Led by Mayor Sutton III. INVOCATION/MOMENT OF SILENCE Led by Mayor Sutton IV. ROLL CALL COUNCIL Bobby Sutton, Jr. Mayor Present Herb Kai Vice Mayor Present Jim Blake Council Member Present Patti Comerford Council Member Present Tim Escobedo Council Member Present Ed Honea Council Member Present Carol McGorray Council Member Present STAFF Mike Hein Town Manager Present Dan Hochuli Town Attorney Present Jim DeGrood Development Services Admin. Present Jocelyn Bronson Town Clerk Present Jaret Barr Assistant to the Town Manager Present Attached is a list of public attendees. V. APPROVAL OF AGENDA Upon motion by Council Member Escobedo, seconded by Council Member McGorray, the agenda was unanimously approved. VI. ACCEPTANCE OF MINUTES Upon motion by Council Member Honea, seconded by Council Member Blake, the minutes of the March 4, 2003 Council meeting were unanimously approved. 1 fit, � f � -_ .�'? ��✓ x-: s` rev," � i .� `�. �' i � .i ✓, /g{�,i,,..:t ,.wt, r.w.. �?,�. +% , <vo,<.��.�.., ��''a, .......ss�'� „,��V� Ir�� k iti, s,>;r: .. _.. ...v ,,,i ., ,r ,.r ,:..... ,.F� � � � , ... VII. CALL TO THE PUBLICIANNOUNCEMENTS Marana Police Chief Richard Vidaurri spoke before the Council and introduced a newly hired officer, Officer Kevin Trapp. Juell Smith, longtime Marana resident, spoke to the Council regarding the possibility of renaming the Ora Mae Harn District Park for a Little League coach, Alan Ourada, who had recently passed away. Ms. Smith related that Mr. Ourada had been a baseball coach in Marana for 13 years and had touched the lives of over 1,200 kids during that time. Mayor Sutton asked that Ms. Smith provide the Town Clerk with the information regarding Mr. Ourada. David Graham, representing the New West sand and gravel operation, addressed the Council regarding noise complaints associated with backup alarms on the mining vehicles. He reported that, after completing an investigation, actions to remedy the noise annoyances had been put in place and included the replacement of the audible alarms with strobe lights as well as the suspension of mining operations after 9:00 p.m. until further safety information became available. He added that a meeting with Happy Acres neighborhood representatives had been scheduled for next Wednesday, March 26t", and he welcomed further talks to resolve the noise issues. Mayor Sutton thanked Mr. Graham for his efforts and asked to be kept abreast of the resolution process. Andy Peele, a Continental Ranch resident, spoke before the Council regarding air and light pollution associated with the New West mining operation. He said that he had filed an air pollution complaint with Pima County but that he did not hold much faith in acquiring a resolution from that agency. He emphasized that stricter adherence to the ordinances regulating mining operations would easily resolve the majority of the pollution problems. Ken Jenson, a Sunflower resident, thanked the Council for the opportunity to speak regarding his concerns related to air pollution. He identified himself as a representative of an air quality committee from the Sunflower Homeowners Association and, while acknowledging that the mining operation associated with the numerous noise, air and light pollution complaints was not located within the Town boundaries, he asked that the Council support the committee's request for denial to New West of any permits for burning of used oil and tires. 2 Mr. Jenson noted that California had eliminated this practice because of the release of dangerous hydrocarbons, PCBs and heavy metals into the air and added that the local New West plant had been sited for violations of dioxins released into the air. He pointed out that the nuisance odor coming from the batch plant could also possibly deter newcomers to the developing northwest Marana area as well as hold down property values for current homeowners. Mayor Sutton commented that this was indeed a topic of concern to the. Council and Town staff and that following the ordinances regulating mining operations more closely was key in reaching amicable solutions for all concerned parties. He - said that it was evident that Mr. Graham and the New West mining operation's personnel were more than willing to work on these problems in tandem with the community and Town staff. Mr. Hein thanked Mr. Peele for his vigilance over this neighborhood problem and added that Mr. Peele and the Managers' staff had been working together on setting up the March 26th meeting with Town staff, New West officials and the concerned residents. VIII. STAFF REPORTS There were no questions regarding the staff reports. IX. GENERAL ORDER OF BUSINESS A. CONSENT AGENDA 1. Resolution No. 2003 -06 Agreement Between Town of Marana and FCD Marana Venture I, L.L.C., an Arizona limited liability company for Construction of Potable and Non - Potable Water Facilities and Provision of Water Utility Service (Brad DeSpain) 2. Resolution No. 2003 -22 Canvass of the Vote, adopting the results of the Primary Election held on March 11, 2003 (Jocelyn Bronson) 3. Resolution No. 2003 -23 Application for Liquor License: Location Transfer by a Corporation Consideration of recommendation to State Liquor Board for a No. 07 (beer and wine) liquor license application submitted by Walter Brent Kyte, on behalf of Pizza Hut of Arizona, Inc., for Pizza Hut #30 located at 4131 W. Ina Road (Jocelyn Bronson) 4. Proclamation: Proclaiming April 3-4,2003 as VFW Red Poppy Days (Jocelyn Bronson) 3 �� -�� MINUTES REGULAR�COUNCIL'MEETING� �, � t 5. Increase in Staffing: Request for one additional office support assistant position to support the Marana Operations Center (Jane Howell) Upon motion by Vice Mayor Kai, seconded by Council Member McGorray, the consent agenda was unanimously approved. B. COUNCIL ACTION 1. PUBLIC HEARING: Ordinance No. 2003.04: Amendment to Title 3 Section 03.02, Definitions, "Building Heights " A request to change the definition of Building Height, as described in the Town of Marana Land Development Code, title 3 - Definitions, Section 03.02 - Definitions "B ", Building Height (Joel Shapiro) This item was continued from the February 18, 2003 Council meeting. Mayor Sutton called for speakers from the audience regarding this item. No speakers came forward and the Mayor declared the public hearing open and closed. Mr. DeGrood stated that this item had been originally scheduled for the February 18th Council meeting but was continued until this meeting in order to allow for the additional dialogue with the building community regarding the reasons for the request. He said that a series of builder forums had been conducted by the Town and that a number of homebuilders and Council members represented at these meetings were recommending an alternative motion for approval at this time. He briefly explained that the new recommendation which stated that the building height be redefined to measure from the finished floor of a structure to the highest point on the structure excluding vents, chimneys and antennas, provided that the finished floor was no greater than two feet above any grade within four feet of the structure. He added that it was also recommended that a process be established allowing future subdivisions to exceed the current 25 -foot height limitation within residential zones provided that a special review occurred and that each request was brought before the Council for specific approval prior to plat processing. Council Member Blake motioned to approve Ordinance No. 2003.04 and further moved that staff be directed to prepare a potential 'Building Height Increase Option ", to be added to residential zoning classifications, whereby requests for building heights that exceed the maximum allowable height per the code be brought to the council as a Council Action Item prior to consideration of the Preliminary Plat, and that any 4 r �, 1VIINUTES OF REGULAR COUNCIL MEETING � �� „s�� requests for building height increases for existing platted subdivisions be brought forward as Council Action Items. The motion was seconded by Council Member Comerford and Ordinance No. 2003.04 was unanimously approved. 2. Resolution No. 2003 -19 Authorizing the approval and execution of an amendment to Development Agreements between the Town of Marana and Cottonwood Properties, Inc., and related Trust Entities, relating to the provision of regional water, trail and traffic improvements (Mike Hein) Jaret Barr, Assistant to the Town Manager, gave a brief outline of the proposed amendment to the current Development Agreement between the Town and Cottonwood Properties. He explained that the current agreement required that the capacity of the water pipeline be reserved exclusively for the Dove Mountain development but that, through down - zonings and environmental regulations, the densities within the development were lower than anticipated. He reported that Cottonwood Properties had entered into an agreement with land owners outside of Dove Mountain in order to utilize a portion of their reserve pipeline capacity in exchange for reimbursement for a portion of the initial infrastructure costs. He pointed out that this agreement required Cottonwood Properties to apply the first $1 million and thereafter half of all revenues toward infrastructure costs that could be reimbursed from any sales tax revenue derived from the proposed resort hotel in the area. He further explained that the Town would receive one half of the revenue in excess of $1 million for the development of trails within the Tortolita Trail Master Plan, transportation system improvements related to the extension of Dove Mountain Boulevard to the new Twin Peaks Interchange, and other public improvements. He added that the Town would receive $550,000 for these improvements in the current calendar year. He continued by stating that the agreement identified the location of a 2 -acre parcel that was to be dedicated to the Town for a trailhead parking lot to serve the Tortolita Trail Master Plan. He recommended approval of the proposed resolution. Upon motion by Council Member McGorray, seconded by Council Member Honea, Resolution No. 2003 -19 was unanimously approved. 5 MINUTES OF REGULAR COUNCILMEETING�� `� 3. State Legislative Issues - Discus sion/Direction/Action regarding all pending bills before the Legislature (Mike Hein) Michael Racy, lobbyist, spoke before the Council regarding legislative issues of concern to the Town of Marana. He reported that the State Legislature was currently in special session to approve revisions to the fiscal 2003 budget in order to balance the budget for the current fiscal year. He said that the State's $300 million deficit needed to be resolved before the end of the fiscal year and that the legislators were able to reach an agreement after several false starts. He declared that the 2003 budget deficit had been resolved and that cities and towns were spared any additional burden in that resolution. He added that this was really the prelude to the main event which would be the 2004 budget which had a deficit in excess of $1 billion. He noted that the legislative proposal shifted approximately $170 million in expenses to the counties. He remarked that there were other incidental shifts that would impact cities and towns as well but that no proposals contemplated revisions, changes or reductions in State - shared revenues. He emphasized that there was also widespread acknowledgement that neither the joint legislative budget committee proposal nor the governor's budget proposal were anywhere near what the ultimate resolution would be for the 2004 budget revisions. He went on to explain that one of the things that had spared the cities and towns on revenue sharing was that in order for the State to reduce revenue sharing it would have had to acquire a 2/3 vote of the House and Senate which was almost impossible to accomplish. He pointed out that the risk to Marana was a possible shift of additional state services to cities and towns which was the avenue the State had taken with counties. He listed State services that had been shifted to the counties including additional probation costs, restoration to competency costs, and a proposed shifting of all state prisoners incarcerated for less than 12 months to county facilities. He clarified that there was a list of approximately 12 other service transfers being proposed and emphasized his concern that there would be additional attempts to shift more items to cities as well. He reassured the Council by saying that he thought revenue sharing appeared to be safe for now. 6 U �%, , � MINUTES OFD REGUI�AR�COUNCIIJ 1VIEETING �� r�� ' ��' Mr. Racy continued with his report and updated the Council regarding enormous transfers being made from the HURF fund to aid in balancing the State's budget and that a sweep of virtually all unencumbered funds including the airport improvement fund had been made. He said that the transfers threatened to delay or terminate various projects at the Marana Northwest Regional Airport (MNRA) and other airports around Arizona. He disclosed that the Town was the leader of a coalition fighting against some of those funding shifts and that the group had been successful in preserving all of the MNRA projects for the time being. He confirmed that while there might be some minor adjustments in the cash flow schedule, it appeared that all of the airport projects that Marana currently had pending would be able to continue on the same schedule. He warned that there was both additional risk and opportunity for 2004 because the State was proposing to divert 50% of the flight property tax into the general fund. He explained that initially the legislators were proposing this shift for a two year period and that he had lobbied the Governor's office for the opportunity to scale that shifting back to one year and to a figure less than the proposed 50% diversion. He stressed that there would still be a lot more activity in the airport area because all of these types of projects were long term capital improvement projects not only impacted by what had taken place in the 2003 budget but also by what would take place in the 2004 budget. He went on to say that there were many issues affecting or potentially affecting towns such as various water bills. He disclosed that one bill strongly supported by the Town was concerning multi jurisdictional water conservation districts. He explained that the bill allowed cities and towns to form alliances with surrounding water districts for various water infrastructure projects. He conveyed that this was an issue that the coalition of water companies in southern Arizona had been working on for some time. He said that there were two different bills on annexation involving county islands and that one of the bills allowed a jurisdiction to annex a ten -acre county island through a simplified process. He believed that this bill would survive and make it through the legislature's approval process. He outlined the second annexation bill saying that it would allow cities and towns to annex islands up to 80 acres but commented that he did not give this bill any hope of surviving. � � f Mr. Racy reported next on law enforcement legislation stating that there was a bill introduced that would have diverted traffic ticket fines from the DPS system currently going to the counties and to other local jurisdictions. He confirmed that the Town was successful in defeating that bill in the Senate Appropriations Committee last week. He concluded his report with information regarding a number of bills that had been proposed within the land use area. He described one bill that mirrored the anti - down zoning bill that was passed several years ago with respect to counties but had been struck down in court. He confirmed that a new bill containing the same language was introduced and would have preempted authority to do any form of down zoning without an owners' approval. He said that the bill did not get a hearing and was not moving forward in the process. He talked about the McClure Bill, HB 2411, which proposed that if a government act were to diminish a property value by 25% then the property owner had the right to sue the jurisdiction in Superior Court. He indicated that the bill had been expanded from last year's version which applied only to counties and to environmental regulation and now included cities and towns as well. He said this bill would have severely limited the Town's authority to continue with the Habitat Conservation Plan. He announced that the bill came up for a third and final reading in the House before moving to the Senate where it was defeated by a vote of 21 -36. He added that a movement was made for reconsideration but the reconsideration failed as well. He informed the meeting attendees that Marana and Pima County were among the lead jurisdictions against this bill along with a coalition of others including Scottsdale and Phoenix. C. MAYOR AND COUNCIL'S REPORT Council Member Escobedo asked that Town staff be directed to send the request by Juell Smith for the renaming of the Ora Mae Harn District Park over to the Parks Committee for review and that a report of their decision be made to the Council at their earliest convenience. He congratulated the newly re- elected Mayor and two Council members on their recent wins in the primary election held on March 11, 2003. He also commented on the Founders' Day festivities over the past weekend. He said everything went well and that the Towri s anniversary celebration was a huge success, especially with the outstanding fireworks display. 8 „� � � �� %'� � �, MARANRA T ] , ALL � � r�� , �� Council Member Comerford commended the Town staff on the hard work and dedication they displayed during the Founders' Day weekend. She said that everyone she spoke with had raved about the festivities. Vice Mayor Kai and Council Members Honea, Blake, and McGorray joined in the praise for the Town's anniversary activities. They thanked all of the volunteers who contributed time and effort to making the event a success. Mayor Sutton reminded everyone that the ribbon cutting ceremonies for the new Wal -Mart were scheduled for tomorrow, March 19th, at 7:30 a.m. and he - urged all to attend. He added to the accolades for the success of Founders' Day, particularly the rodeo events. D. MANAGERS' REPORT Mr. Hein congratulated and thanked the Parks and Recreation staff, the Planning department, and the Police department crew for the coordination and detailed planning of the Founders' Day event. He also thanked the Marana Chamber of Commerce for their input as well. X. FUTURE AGENDA ITEMS Mr. Hein mentioned that, in the future, elections and Founders' Day events would be placed on the Town's calendar so that the public would be adequately informed of upcoming important dates and events. Jocelyn Bronson, Town Clerk, solicited donations for her upcoming jail sentence on April 2nd in association with the Muscular Dystrophy Association fund drive. XI. ADJOURNMENT Upon motion by Council Member Escobedo, seconded by Council Member Blake, approval to adjourn was unanimous. The time was 7:40 p.m. 9 �'� '✓ �✓ � ��,� � 1VIA,RANA�I'OW�T HA"L� � � �� ,,�� r ✓ ti / rr ,,; .�sq¢,.... :.... ,, .,✓' .�' „...a:� .. _,..,,n � 1r�r. �� I. VV 3 �,.,`.�, � ,. �/; .., .,,, r r /.,,� < >,,,. %esa?�ir� df�^' su?�i CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on March 18, 2003. I further certify that a quorum was present. Jocelyn Bronson, Town Clerk • 10 SOWN OF 1 7 9 7 MMM gRIZONP STAFF REPORTS TO COUNCIL i Building Parks & Rec Town Clerk Planning Court Police Finance PW /Engineering Human Resources Water • 4 C ti MARANA P olice Deparme Newsletter Chief Richard Pidourri WELCOME to the COHH CHATTER Executive Assistant Marana Police Rtuo eueryoae from the Judy Capen Departmen Parana �ommunicatioa Tenterlt Lieutenant: We would like to welcome all our new officers to the Technical Services Kevin graduated from the U of A Department! Just remember your dispatcher on duty Dale Bradshaw with a B.S. in business. Officer likes CHOCOLATE! It keeps the shift rolling in a friendly Trapp served with the Pima way!!! hint! Lieutenant: Support Services FOUNDER'S DAY 911 FLOAT Joe Carrasco tWl�e alt had a grand t'lalell'J'I } This year on March 15 the annual Founder's day events Operations Lieutenant: were held! This is the first year that the dispatch O x >. Commo decided to participate with a 911 float. Dispatch Paul Ashcrafi recruited DARE officer Gerri Tinsley to help with the project and pull the float. Dispatchers Grace, Sheila, Lieutenant: . „,- � Michelle & Vicki, with the help of our "honorary Administration KEVIN TRAPP dispatchers ", Michele Murrieta and Rey Ibarra Dan Bourland decorated and rode on the float! We all invited our kids County Sheriffs Office for two and officers' kids to ride with us! The float was years and for three and a half decorated in good old red, white and blue streamers years with the Tuscaloosa, and over 100 balloons! Needless to say we all had a Alabama P. D. while his wife blast and enjoyed every minute of the parade! We want pursued her degree. to thank Stewart Feeds for letting us borrow hay bales to sit on. Also a big thanks to Carol our dispatcher on duty for bringing in bags of candy to throw out to the Rob has been certified since kids and manning the radio so we could all enjoy 1995. Prior to coming to MPD ourselves. he served Pasqua Yaqui and was in the K -9 Unit for 3 years.k... Y � 1... ROB ARNOLD Rob's empolyment history v QUOTE OF THE DAY includes fourteen years as a P&Iofissm Is tasy to W16rstand In %Vd a. It means loom" out for firefighter and.ten years as a yourself by loolil” out for your country! parmedic. His past background Calvin Coolidge and training includes, estraction, ENDING CHATTER swift water rescue, hazmat. etc. Please remember when running traffic; let your dispatcher acknowledge you prior to giving info out! Thanks for your patience! From all of us behind the mic, "IN GOD WE TRUST, ALL OTHERS WE RUN NCIC ". MONTHLY POLICE DEPARTMENT OPERATIONS REPORT � TO. Town Manager, Mayor and Council DATE: March 31, 2003 PERIOD: FEBRUARY 2003 TOTAL CALLS FOR SERVICE FEB 03 FEB 02 Fiscal Year to Date 3979 2,873 22,630 _ • ent Case Re rts 383 385 - 3,658 MOTOR VEHICLE TRAFFIC • Traffic Stops 741 912 7,745 • Citations 209 579 3,340 • Parkin Violations 0 0 7 • Driving under the Influence 6 13 71 • Traffic Accidents 58 91.1 539 FELONY ARRESTS • Adult 6 20 • Juvenile 72 2 181 20 MISDEMEANOR ARRESTS • Adult 10 83 122 • Juvenile 17 141 172 CRIMES AGAINST PERSONS • Deaths 1 • Homicide 0 0 • Natural 0 0 • Accidental 0 0 • Suicide 0 • Unknown 0 1 2 • Rob 0 0 5 • Sex Offenses 2 1 17 • Offenses A ainst amil F 1 3 10 • Assaults 12 19 135 0 • Disorderl Conduct 5 10 41 CRIMES AGAINST PROPERTY • Commercial Burglaries 4 3 59 • Residential Burglaries 5 2 55 • Thefts 69 58 602 • Motor Vehicle Thefts 8 8 97 • Criminal Dama a 20 11 268 • Stolen Reported $ $119,743 173,710 $1,517,298 ' Pro Recovered $ - $50,884 47,058 '$652620 MISCELLANEOUS - ' • Weapons Violations 0 9 • Narcotic / Drug Violations 12 12 69 • Liquor Violations 2 1 19 • Arrest for Other Jurisdiction 17 16 1 • Juvenile Violations 8 5 47 • Abandoned Vehicles 2 43 25 • Public Hazard 1 23 6 • Lost/Found 13 15 85 • Public Assist 3 175 24 • Civil Matter 4 22 37 • Suspicious Activity 2132 161 75 • Securi /Vacation/Business /Checks 1522 1,067 83 • Assist other a en 15 41 119 • Miscellaneous 13 15 49 *This report does not reflect . code 9's (Security /vacat' / siness/ ecks) Chief of Police MONTHLY POLICE DEPARTMENT OPERATIONS REPORT TO: Town Manager, Mayor and Council DATE: March 31, 2003 PERIOD: January 3003 Jan 03 Jan 02 Fiscal Year to Date TOTAL CALLS FOR SERVICE 4698 2,873 18,651 • Department Case Reports 399 385 3275 MOTOR VEHICLE TRAFFIC • Traffic Stops 864 912 7004 • Citations 248 579 3131 • Parking Violations 0 0 7 • Driving under the Influence 2 13 65 • Traffic Accidents 70 91 481 FELONY ARRESTS • Adult 5 20 62 • Juvenile 10 18 18 MISDEMEANOR ARRESTS • Adult 1l 83 112 • Juvenile 29 14 155 CRIMES AGAINST PERSONS • Deaths 0 11 • Homicide 0 0 • Natural 0 0 • Accidental 0 0 • Suicide 0 0 • Unknown 1 1 • Robbery 0 0 5 • Sex Offenses 4 1 15 • Offenses Against Family 1 3 9 • Assaults 21 19 123 • Disorderly Conduct 4 10 36 CRIMES AGAINST PROPERTY • Commercial Burglaries 9 3 55 • Residential Burglaries 4 2 51 • Thefts 57 58 533 • Motor Vehicle Thefts 7 8 79 • Criminal Damage 27 11 248 • Stolen Pro Reported ($ $104,190 173,710 $1,367,555 w_ • Property Recovered $) _ $74,617 47,058 $601,736 MISCELLANEOUS • Weapons Violations 0 0 8 • Narcotic / Drug Violations 9 12 67 • Liquor Violations 0 1 17 • Arrest for Other Jurisdiction 19 16 155 • Juvenile Violations 5 5 39 • Abandoned Vehicles 3 43 23 • Public Hazard 2 23 5 • Lost/Found 8 15 72 • Public Assist 1 175 21 • Civil Matter 3 22 33 • Suspicious Activity 16 161 67 • Security/Vacation/Business/Checks 2622 1,067 7251 • Assist other agency 9 41 104 • Miscellaneous 8 t 15 36 *This report does not reflect code 9's (Security /Vacation ness /C cks) Chief of Police MONTHLY POLICE DEPARTMENT OPERATIONS REPORT TO: Town Manager, Mayor and Council DATE: March 31, 2003 PERIOD: December 2002 Dec `02 Dec `01 FiWal Year to Date • TOTAL CALLS FOR SERVICE 4401 2768 15,778* • Department Case Reports 5081 393 2876 MOTOR VEHICLE TRAFFIC • Traffic Stops 858 675 6140 • Citations 397 387 2883 • Parldng Violations 1 0 7 • Driving under the Influence 8 4. 63 • Traffic Accidents 59 71 411 FELONY ARRESTS • Adult 101 57 • Juvenile 1 29 8 MISDEMEANOR ARRESTS • Adult 12 43 101 • Juvenile 161 7 126 CRIMES AGAINST PERSONS • Deaths 5 0 10 • Robbery 0 0 5 • Sex Offenses 3 1 11 • Offenses Against Family 1 5 8 • Assaults 25 19 102 • Disorderly Conduct 4 6 32 CRIMES AGAINST PROPERTY • Commercial Burglaries 9 2 46 • Residential Burglaries 8 4 47 • Thefts 106 68 476 • Motor Vehicle Thefts 12 15 71 • Criminal Damage 28 33 221 • Stolen Property Reported ($) $286,975 211,354 $1,363,365 • Property Recovered $) $55,870 45,865 $554,678 MISCELLANEOUS • Weapons Violations 2 0 8 • Narcotic / Drug Violations - - 14 9 58 • Liquor Violations 2 3 17 • Arrest for Other Jurisdiction 20 12 136 • Juvenile Violations 4 4 34 • Abandoned Vehicles 2 27 20 • Public Hazard 0 16 3 • Lost/Found 18 25 64 • Public Assist 5 143 20 • Civil Matter 6 24 30 • Suspicious Activity 15 215 51 • Secuzi /Vacation/Business/Checks 4349 1004 4629 • Assist other agency 15 44 95 • Miscellaneous 7 19 28 • False Alarms 21 127 643 *This report does not reflect code 9's ( Security /Vacation /Business /Checks) Chief of Police ✓l' , 4244tA UPCOMING EVENTS: !. March 15, 2003 - Founders' Day at Ora Mae Harn Park Explorers will be marching as a.Color Guard in the POST 77 Founders' Day Parade and providing foot and bike patrol security throughout the event. They will have a Fish Toss fundraising booth. Explorers will also be taking donations for the upcoming American Diabetes Walk EXPLORER HAPPENINGS scheduled for April 12, 2003. March 22 "d , 2003 - Little League Opening COMMUNITY EVENTS: Ceremonies at Continental Ranch Park Explorers will be presenting and posting the colors at the March 7, 2003 -Twin Peaks Elementary Carnival opening ceremonies. This will be the Explorers I' opportunity to post and present the colors formally. Explorers and Advisors provided security for the They have been drilling and practicing with the annual carnival at Twin Peaks Elementary School. The assistance of the Army Recruiting Station on N. large crowd of students and parents enjoyed the festival Thornydale. with live entertainment, game booths, pony rides, train rides, inflatable game challenges and jumping castles. A March 28 29 h ,2003 - Youth Expo 2003 at the great time for all who attended. Pima County Fairgrounds Explorers will be providing security at this annual event. March 8 9 h ,2003 - Picacho Peak Civil War Re- This event brings in hundreds of scouts from around the Enactment State. The Marana Police Department Command Post will be present as well, as this is an excellent opportunity The weather was great, the thunder of the to recruit new post members. cannons that echoed, sent your heart abeat. The gun 4t oke rose and fallen soldiers at the battlefield suffered April 4, 2003 - Coyote Trail Elementary School ualties. The re- enactment brought large crowds from Carnival everywhere. Explorers assisted State Park Rangers with Explorers will be providing parking lot security and crowd control. No incidents were reported other than a traffic control for the annual school carnival being held rattlesnake on the prowl. on April 4, 2003. With the assistance of personnel from the Communications Section, they will also staff a booth providing 911 Caller Training and Kid ID fingerprinting. April 12, 2003 -American Diabetes Walk —Heritage Highlands in Dove Mountain ' This year the Explorers will be participating in the first Northwest American Diabetes Walk. This walk is intended to encompass walkers from the Oro Valley and Marana areas. Marana Explorers, along with the Oro Valley Police Explorers will provide set up and take down assistance as well as traffic control and parking security for this event. `' •' June 21— 23, 2003 - Border Patrol Competition at . Old Tucson Studios Explorers will be competing against other Explorer Posts in the annual competition being hosted by the Border Patrol. Post members will be competing in events to include handling domestic violence situations, hostage negotiation, felony stops, bomb threats (airplane), and building searches. Explorers will be training long and hard to provide an award winning team. �+ Lo N I 0 W N UX L Ca Q U) 00 U') j w �- I N a ca a = W r . Q W U- 0 Q! V J L- o o o 1 is D Wa a OQ - - - -- - __ CL �+ M ! O Q Ca:' N z3 i Z Flu (N 0) CO I N M J _ O Q a 00 LO N N Z LLJ V m - uw z o > Mill ti d. 00 U) N N z > LLJ 1 CO CO > N N � Z ` > m CO co a CO Q co 0 W N M t o i� D d w l to i N Q CM CO Y m #r'` ..i j co a W t U R N Cfl M O N I M 0- a Q q 00 0 0 O z l o 00 zw = Q I zQw w ¢ I zw wa a waa a w 00 U') O Q N CU e z i r- _ w N N Z3; 0 i 0 0 Q ti mot' — 00 (6 W i N i N C0 c j l N- Q i i CL M - - - -- , - - - -- - Q 0 � N - - -- - -- N —.. LU 04 w co U r J a Q w Z N RRYY LO N (D co o T r 00 CD � �7 co C � R t: PUBLIC WORKS - MARANA �. STAFF REPORT April 2003 Capital Improvement Projects (S ta ff Report for the month of March) The following are capital improvement projects in design. Silverbell Road Improvements Ina Road Improvements Capital Improvement 1 - Projects in Design Cortaro Road to Ina Road 1 -10 to Sllverbell Road This project consists of reconstructing the This project consists of roadway improve - Capital improvement S roadway to four lanes with curb and gutter, ments and construction of two new Projects In construction multipurpose lanes and sidewalks; provid- bridges, including design and reconstruc- ; Recently completed 6 ing a continuous center turn lane and tion to widen to four lanes with multiuse Projects intersection improvements at Ina/Silverbell, lanes, median island, curb, curb and Traffic Division Report 7 which includes a new traffic signal system. gutter and sidewalk installation, drainage improvements, landscaping, signal Environmental g Estimated construction time: Fall 2003 modifications, artwork and street lighting. Planning Projects Project is 1.1 miles in length. Public works Art 9 Status: Environmental, Biological, DCR Projects Committee Geotechnical Report, Pavement Design Estimated construction time: Spring 2005 Summary, and Archaeological reports are r� complete. 404 Permit application has been submitted; review with the Army Corps of Status: 404 Permit application has been Engineers (ACOE) is ongoing. First year of submitted. The DCR, 30% plans, NPPO PUBLIC WORKS Pigmy Owl Survey has been completed. Plan and Initial Drainage Report have 90% Improvement Plan submittal is due the been reviewed and returned to consultant. MISSION AND VALUES week of March 31, 2003. Contract change The Traffic Impact Analysis, Phase I Envi- order has been executed by Town/EEC for ronmental Site Assessment, and "The Marana Public Works Sanitary Sewer Basin Study and Sanitary Archaeology Reports and Bridge Inspec- Department is committed to Sewer Design. ACOE is still in the process tion are complete and have been providing quality service by of reviewing the Data Recovery Work Plan accepted. Draft Management Report is consistently delivering and as submitted by Old Pueblo. being revised by the consultant. Access maintaining reliable, safe Management acceptance letters have public facilities with a been received by the consultant from the productive, respectful and abutting property owners. ethical workforce. " Our operating values are: ` ry • Satisfaction Respectful x x t �� ' f .r� �" i � • C01T1IlIUnlCatlOn • Reliable • Productive "' a • Quality • Ethical • Consistency Silverbell Road – Cortaro to Ina } " `' • Service .; Safety Ina Road -1 -10 to SHverbell • Integrity • Commitment 9 April 2003 Wapital Improvement Projects in Design (continued) Tangerine Road - Breakers to Thornvdale Road, Twin Peaks Interchange Design Concept Report This project consists of environmental clearances, DCR This project consists of drainage improvements and and 15% plans for the corridor alignment, Phase 1; final repaving of portions of Tangerine Road. design for TI and connection to the east, Phase II. Estimated construction time: Fall 2003 Estimated Construction Time: 2006 Status: Environmental clearances and various permitting Status: The Draft Contract Agreement has been revised requirements are being addressed through Westland and Town is standing by the consultant to supply the disag- Resources. First year of Pygmy Owl Survey has been gregated portions of the fee proposal. The Partnering completed. A biological assessment has been completed Conference has concluded and the Town is in receipt of the and forwarded to EPA for consultation. A 404 permit conference minutes. Town staff is in the process of estab- application has been completed.. The design for drainage lishing the executive committee and holding the first and paving improvements has been put on hold. Town meeting. has decided to pursue a maintenance oriented program for the road and has requested fee proposals from Tetra Tech to generate construction plans. District Park Bank Protection This project consists of providing bank protection along the west bank of the Santa Cruz River from Ina Road to Cor- Tannerine Road/Thornvdale Road Intersection taro Road. Improvements This project consists of design and construction for Status: Tetra Tech is currently working on the design of 0 An nt ersection improvements. the bank protection with 90% plans due March 31, 2003. individual 404 permit application has been submitted to Estimated construction time: Winter 2003 the Army Corps of Engineers. This area has now been Status: Tetra Tech is finalizing the design. Pygmy Owl designated as critical habitat: Survey and 404 permit process were initiated in Septem- ber 2001. The biological assessment for this project has been combined with the report for the Breakers to Thorny - dale Road segment and as previously stated, has been submitted to EPA for consultation. Coachline Boulevard This project consists of providing sidewalk additions along the east side of Coachline Boulevard from Twin Peaks to Drainage way No. 2. Status: Final plans are due April 4, 2003. Construction is slated for June /July 2003. 2003 Pavement Preservation This project consists of annual pavement rehabilitation projects throughout the Town limits. This year we will be concentrating on the Continental Ranch area. Status: An inventory of the roads within the Continental Tangerine/Thomydale Intersection Ranch area is complete. Project was advertised March 31, 003 through April 3, 2003 with construction running April 30 through June 30, 2003. Page 2 PUBLIC WORKS April 2003 *Capital Improvements in Design (continued) El Rio Park Town of Marana, Northwest Marana Town Center The park has been designed by Novak Environmental and _Design and Development the Town is in the process of completing design and procur- Three projects are ongoing to master plan and estab- ing the construction by a Job Order Contract. The park is lish the layout, ambience, and design standards of the planned to be complete by the end of June 2003. The park Northwest Marana Town Center. will have a long trail, landscaping, a shaded play and sitting area, and a half court basketball court. Northwest Marana Town Center, Master Plan Projcect Thornvdale Road /Orange Grove Road/Costco Drive This project will provide Master Plan Services for fur Intersection Improvements ther planning and conceptualization to set design and This project consists of reconstructing the intersections of development standards to facilitate the urbanization of Thomydale /Orange Grove and Thomydale /Costco and the the Northwest Marana Town Center. segment of Thomydale Road connecting the two along with the reconstruction/widening of the remaining approaches; Status: The master planning and design develop - sidewalks, curb, curb and gutter, traffic signal modifications, ment continues as the design guidelines are applied drainage facilities, median islands, street lighting and art to new buildings, such as the Northwest Fire Station work. #36 for the Town Center. The Town will have the Durrant Group and McGann and Associates continue Status: The consultant, RS Engineering, Inc., has been with the master planning of the rest of Ora Mae Ham issued a notice to proceed on the project, and design District Park and the areas south of the park and the work is currently underway. Westland Resources, Inc. is Municipal Complex and work with the land owners performing work on a variety of environmental services and developers for further use of the Town Center Land. Santa Cruz River Shared Use Path Phase I and 11 Santa Cruz River Shared Use Path consists of a 14' wide Northwest Marana Town Center, North West Fire paved asphalt path from Cortaro Road to Coachline Blvd. Station #36 This project will consist of design and construction of Phase I consists of a building a shared use path between a new North West Fire Station #36 to protect the Cortaro Road and Twin Peaks Road in the over bank area of growing Town Center and Northwest Marana area. the Santa Cruz River. Phase II consists of a continuation of The design is being performed by the A &E Durrant the shared use path in Phase I from Twin Peaks to Coach- and DL Withers is providing design phase construc- line Blvd. Each phase is partially funded under ADOT's tion management services under a CM @RISK Transportation Enhancement Program. Construction will process. Fire Station #36 will be located on the new need to be completed in phases to properly track the ADOT Marana Main Street between the Municipal Complex funds; however, design can be completed as a single pro- and Grier Road. The planning and design of this pro- ject. jest will follow the Northwest Marana and Town Cen- ter design guidelines as one of the first buildings in Status: An environmental determination has been submit- the Town Center. ted to ADOT separately by Westland Resources. Town has gone through an RFQ process and is now negotiating with Status: Tentative site plans and perspectives by Dur- Castro Engineering for the project designs. rant were presented, commented on, and is being revised to reflect comments. Northwest Fire, Durrant, and D.L.Withers have developed a tentative project budget and estimate to construct. Project Team Linda Vista Boulevard meetings will be held on Fridays after the Municipal This project consists of chip sealing approximately 3/4 mile Complex AE/CM/PM meetings. of roadway from Camino de Marian east to approximately Hartman Lane. Status: 90% plans from Tetra Tech due March 31, 2003. W onstruction is anticipated to begin in spring 2003. Page 3 PUBLIC WORKS April 2003 Capital Improvements in Design (continued) * own of Marana Municipal Comolex (Marana "MuniPlex ") Northwest Marana Town Center Roads Infrastructure and Oftsite Improvements This project consists of the design and construction of a This project will design and construct the offsite utilities, roads, new Town Government Complex to house the Town of landscape, and other infrastructure and establish the layout of Marana staff. This complex will be located on 20 acres the main Town Center corridors. Current design concept has west of the current Town Hall location. The design by a main approach street terminating in a T or three approach Durrant Group Architects will integrate the MuniPlex and round -a -bout in front of the new Municipal Complex. The surrounding facilities with the Ora Mae Ham Park. The island in the middle of the round -a -bout will have a monumen- construction of the main building(s) and facility core is to tal statement for the Town Center expressing the values of the be done via a Construction Manager at Risk process with Town. The current design and construction will encompass the the selected CM, D.L. Withers, being involved in the Civic Drive from Barnett Road to Lon Adams, and Marana project during the pre - construction design development Main Street from the Civic Drive Roundabout to Grier Road, stage for value engineering, constructability reviews, tech- with future extension of Marana Main north of Grier Road to nical reviews, cost engineering and estimating, planning, connect to Sandario Road. The work will include utilities, scheduling, and serving as the Construction Manager and including a sanitary effluent collection system, sidewalks, Prime Contractor during construction. landscaping, streetlights, and streetscaping as well as the roads. Status: The formal groundbreaking took place on Foun- ders Day. D.L. Withers, the CM, has mobilized to site Status: The project has been broken into phases to time the established site offices and begun grading and site devel- installation of utilities. The first phase will include the main opment. A model of the project was presented to the town sewer line from the Marana Apartments to a connection with on Founders Day. The architect and interior designer are the existing sewer main on Sandario and stub -outs to the to set up various office work areas at the Marana Opera- ro lines of all residents on Grier Road from the intersec- tions Center for review. Furnishings, partitions, carpets, p and covering are still being selected. tion of Marana Main Street to Sandario. The Town had a March groundbreaking and the start of the construction has D.L. Withers, the CM approved by the Town Council, begun by Centennial Contracting Enterprises and KE &G. The S as prepared an estimate and probable budget which is to project phasing has changed to include the sewer main on e presented to Mayor and Council. Grier Road from Marana Main Street to Lon Adams which will be constructed with the road, landscaping, streetscaping, and utilities on Grier Road, Marana Main Street, and Civic Center Drive. /this is planned to be bid in June with construction start- ing in July. Another contract will be procured to facilitate con - nections from the stub outs at property lines to the residents on Grier Road. The street design, landscaping and hardscap- ing is developed as a boulevard lined with trees, street lights, " and banners, and will carry the Town Center theme throughout the Northwest Urban Center, with a series of "gates" to an- nounce to travelers and residents that they are "in" Marana, to establish a sense of identity and place as well as provide ar- eas for small commercial, and safe pedestrian cycling. f Page 4 PUBLIC WORKS April 2003 Capital Improvement Projects In Construction 0 The following are capital improvement projects in construction. Cortaro Road Realignment Continental Ranch Park, Parcels 13 814 Park This project consists of realigning and widening Cortaro This project consists of developing a neighborhood park, Road east of 1 -10 from the Frontage Road to Cerius including lighted ball fields, playground areas, picnic facili- Stravenue. The existing road and railroad crossing will ties, ball courts, a skate park, trails and fitness courses. be abandoned and a new railroad crossing will be installed. Status: The Town awarded the construction contract to Valley Rain Construction on April 25, 2002, with a notice Estimated construction time. January to July 2003 to proceed 'date of authorization" of May 19, 2002. Construction is underway and on schedule. Project Status: The contract was awarded to Dar -Hil Corpora- completion is estimated for January/February 2003. tion. Construction began January 6, 2003, and shall be completed around July 2003. Santa Cruz River Corridor Trail This project consists of constructing approximately 3,500 linear feet multi -use path beginning at Sanders Road and heading eastbound along the top of the levee, along with parking improvements. District Park Native Plant Salvage and Imgrovements/Mitination Estimated construction time: Fall 2002 This project consists of the removal, salvaging, and replanting of the vegetation in preparation of park Status: Contractor and the Parks and Recreation improvements. Departments are working on additional work at the site which consists of landscaping, parking improvements Status: Ongoing. and building a block wall. Contractor anticipated to be complete by May 2003. Costco 1-lahting Continental Ranch Park. Parcels 5 8 6 Addition This project consists of completing the street lighting for This project consists of additional parking at Coyote added safety along Costco Drive. Trails Elementary School and a park addition, including ball fields and a concession stand, on parcel 6 directly Status: The contract was awarded to Contractors east of Coyote Trails Elementary School. West. Construction began January 13, 2003, due to be completed in March 2003. Estimated construction time: Summer 2002— Winter 2002 Status: The Town awarded the project to M. Anderson Construction Corp. on May 20, 2002, with a notice to proceed date of June 26, 2002. The contractor completed the parking lot modifications to support the opening of school. The contractor is working to provide the playing area closest to the school as soon as possi- ble. The field and concession stand at the far end next • to the Santa Cruz are the last elements scheduled to be completed. Project completion estimated for January 2003 /February 2003. Page 5 PUBLIC WORKS April 2003 Recently Completed Projects Cortaro Road Improvements —1 -10 to Silverbell Road: Completed October 25, 2002. Ina Road /Siiverbell Road Temporary Intersection Improvements and Temporary Traffic Signal Installation: Completed February 28, 2002. New Westbound Cortaro Road Bridge Over the Santa Cruz River: Completed March 15, 2002. Hartman Lane Improvements: Completed Fall 2002. Wade Road: Completed February 2003. r Cortaro Road Improvements Page 6 PUBLIC WORKS April 2003 Traffic Division Report VM Warning Beacons at the Avra Valley Road– Sandario The Installation of Protected Left -Turn Phasing at the Road Intersection Ina Road - Meredith Boulevard Intersection A traffic signal warrant study was conducted at the Avra In order to increase the margin of safety for left - turning Valley Road — Sandario Road intersection. The results of motorists on Ina Road at Meredith Boulevard, the existing the study found that a traffic signal is not recommended at permissive /protected left -turn phasing will be replaced with the intersection at this time. However, in order to enhance protected -only phasing. To accomplish this change, new the safety at this location, flashing warning beacons will be 50 -foot mast arms, signal heads and other hardware will installed on the Side Road warning signs currently posted need to be installed. In addition, the signal timings at the on the Avra Valley Road approaches to the intersection. It intersection will need to be modified. It is expected that is expected that the warning beacons will help greatly to the required work should be completed within the next better alert motorists about the approaching intersection. several months. The warning beacons should be installed within the next 60 to 90 days. Traffic Accident Data Retrieval System The Traffic Division has obtained software that will make it Traffic Signal at the Tangerine Road— Thornydale possible to more readily retrieve accident data for our Road Intersection traffic studies and analyses. At this time, our staff is Based on the results of a traffic signal warrant study inputting accident reports provided by the Marana Police performed at the Tangerine Road— Thomydale Road Department for the last three years. The accident retrieval intersection, it has been decided to pursue the incorpora- software will allow us to quickly obtain accident data for tion of signalization in the Tangerine Road/Thornydale any Town roadway or intersection. The software will Road Intersection Improvement Project, scheduled to actually produce collision diagrams that will graphically begin construction in summer 2003. At this point, Catalina depict by type and location all of the reported accidents at Engineering is the process of preparing a scope of work a given facility. It will be quite a task to input all of the proposal for the signal design. Along with the widening accident report, but it will be worth the effort. improvements planned at this location, the signalization should make this a much safer and efficient intersection. Business /Guide Slans for the Cortaro Road Area In an effort to better guide motorists on Cortaro Road toward the businesses in the area, the Traffic Division developed a business and guide sign plan, which has been endorsed by the businesses. We have worked closely with the businesses to obtain the logos that will be placed on the signs. It is anticipated that the new busi- ness and guide signs will be installed within the next 30j days. '% f Speed Limit Map for Town Roadways The Traffic Division is currently taking an inventory of all posted speed limits on the Town's arterial and collector roads. The purpose of this inventory is to determine whether some of the speed limit zones need to be modi- fied and to eventually develop a map showing all posted speed limits on these roadways. This map will be made available for distribution and will be displayed on the • Town's web site. Page 7 PUBLIC WORKS April 2003 Environmental Planning Projects 44 res Rios del Norte Santa Cruz River Corridor Plan This project is a cooperative effort between the City The goal z this project is to create a corridor that of Tucson Water Department, Pima County Flood becomes a unifying element that connects the Control District and the Town of Marana in conjunc- community and reflects a sense of place and shared tion with the United States Army Corps of Engi- vision. This project includes property value and neers. This purpose of this study is to evaluate enhancement, multiple water conveyance systems, approximately an eighteen mile stretch of the Santa multiple purpose utility corridors, trail systems, Cruz River from Prince Road to Sanders Road for heritage facilities, developed recreation, nature and projects such as habitat restoration, water supply, environmental elements, affinity group facilities, and flood control and recreation. many other opportunities for the community. Status: Formulation Workshops have been Status: As a part of the Tres Rios del Norte project completed in which an element list has been the presence of the Santa Cruz River Task Force has created. A public meeting will be held on April 22, been requested to discuss elements from Tres Rios 2003 in which the public will have an opportunity del Norte project to make sure that they are consis- to provide feedback on the elements of this project. tent with the policies and recommendations of the Due to the inconsistencies of the first sampling, the Santa Cruz River Corridor Plan. Two meeting dates sponsors will be resampling the week of April 14, have been set to discuss these alternatives - April 11, 2003. The results from this sampling will be put 2003 and April 18, 2003. into the HydroGeomorphic Model (HGM) to deter- mine the baseline conditions of the Santa Cruz River rizona Pollution Discharne Elimination System This project was initiated by a federal mandate in which Arizona Department of Environmental Quality (ADEQ) was given primacy. Six minimum control t measures have been defined for compliance. The minimum control measures are as follows: 1. Public Education and Outreach 2. Public Involvement and Participation 3. Illicit Discharge Detection and Elimination 4. Construction Site Stormwater Runoff Control 5. Control of Post - construction Site Runoff 6. Pollution Prevention and Good Housekeeping�� Status: The Town of Marana submitted their Storm - water Management Program to ADEQ March 10, 2003. The plan included a list of Best Management Practices (BMPs) as well as proposed completion Page 8 PUBLIC WORKS r April 2003 Public Work Art Project Committee The Public Art Project Committee met on March 26, 2003. The committee discussed The Cultures and History Of Marana document, as well as other activities currently in planning stages to incorporate and pre- serve the historical values of landmarks within the Town. jl In April, committee members will conduct a site visit rw; to Silverbell Road to discuss the design guidelines for the proposed improvements. Committee Members: • Curt Ench, Chair Brian Jones, Vice Chair ,. Sally Jackson Melanie Larson Kathy Price Margaret Joplin Nancy Lutz Page 9 PUBLIC WORKS TOWN COUNCIL TOWN MEETING OF INFORMATION MARANA DATE: Aril 1, 2003 AGENDA ITEM: IX. A.1 TO: Mayor and Council FROM: Farhad Moghimi, P.E., Public Works Director /Town Engineer SUBJECT: Resolution No. 2003 -25 Exchange Town of Marana public rights -of -way of Freeway Frontage Road for the new Sydney Theresa Way, Travel Center Drive and Joiner Road to be dedicated by the Orange Grove I -10 Plaza Final Plat. DISCUSSION: American Pacific Engineering has requested that the Town abandon the 34,046 square feet (0.78 Acres) of the Freeway Frontage Road public rights -of -way located in T13S, R13E, Section 7 as recorded in Docket 11258 at Page 1349, see the attached map and legal description Exhibit A. In accordance with the Arizona Revised Statute 28 -7203 the above referenced rights -of -way shall be exchanged for the new alignment of Sydney Theresa Way, Travel Center Drive and Joiner Road to be recorded in the Final Plat for the Orange Grove I -10 Plaza with the Pima County Recorder's Office. Staff has osted Public Notice of Exchange of this roadway from December 20 2 p g y 002, through January 20, 2003. Staff has also publicly advertised the proposed abandonment in the Territorial Newspaper once a week for two consecutive weeks beginning on December 23, 2002. During the comment period of the Abandonment Proposal, no public objections have been received, no concerns were voiced by Town Department Heads or Management. Upon acceptance of the proposed abandonment a perpetual easement should be reserved for all existing public utilities /sewers within the abandonment area. RECOMMENDATION: Staff recommends the Council abandon the Freeway Frontage Road rights -of -way in exchange for the new alignment of Sydney Theresa Way, Travel Center Drive, and Joiner Road with the following conditions. Reservation (perpetual easement) for all existing public utilities /sewers within the abandonment area. SUGGESTED MOTION: I move that the Mayor and Council adopt Resolution No. 2003 -25 pursuant to staff's recommendation. PW/FH/MNIF 2:53 PM 03/26/03 1 MARANA RESOLUTION NO. 2003-25 A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF THE TOWN OF MARANA, ARIZONA, ABANDONING A PORTION OF FREEWAY FRONTAGE ROAD RIGHTS -OF- WAY IN EXCHANGE FOR THE PUBLIC ROADWAYS ASSOCIATED WITH THE ORANGE GROVE I -10 PLAZA CONSISTING OF SYDNEY THERESA WAY, TRAVEL CENTER DRIVE AND JOINER ROAD. WHEREAS, an application for abandonment for portions of the Freeway Frontage Road rights -of -way in exchange for the new Sydney Theresa Way, Travel Center Drive and Joiner Road, to be dedicated in the Final Plat of Orange Grove I -10 Plaza submitted to the Town by American Pacific Engineering; and WHEREAS, the Mayor and Council have the authority pursuant to A.R.S. § 28 -7202, to dispose of or use the roadways; and • WHEREAS, pursuant to A.R.S. § 28 -7203, a roadway or portion of a roadway may be exchanged with an abutting owner for all or part of a new public roadway; and WHEREAS, it has been determined by the Mayor and Council that the 34,056 square feet (0.78 Acres), as recorded in Docket 11258, Page 1349, as shown on the attached map and legally described on Exhibit A incorporated herein by this reference, is no longer necessary to the Town; and WHEREAS, notice of the intended abandonment and exchange has been posted on the property and published according to the applicable statutes; and WHEREAS, the Mayor and Council have determined that the new alignment of Sydney Theresa Way, Travel Center Drive and Joiner Road is a fair exchange for the current rights -of -way of Freeway Frontage Road. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that the Town of Marana abandon the 34,056 square feet (0.78 Acres) Freeway Frontage Road right -of -way, as recorded in Docket 11258, Page 1349, more fully depicted and described in the map attached hereto as Exhibit A, which are no longer necessary to the Town, in exchange for the new alignment of Sydney Theresa Way, Travel Center Drive and Joiner Road to be dedicated to the Town of Marana within the Orange Grove I -10 Plaza, subject to the following conditions: Page 1 of 2 Pw /JRD /MF/03/25/03 3:58 PM Marana, Arizona Resolution No. 2003 -25 1 1. A perpetual easement shall remain for all abandoned areas in conformance with A.R.S. § 28- 7210 for existing: • a) sewer, gas, water or similar pipelines and appurtenances; b) canals, laterals or ditches, and appurtenances; and C) electric, telephone and similar lines and appurtenances. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 1 St day of April, 2003. Mayor BOBBY SUTTON, JR. ATTEST: - Jocelyn C. Bronson Town Clerk APPROVED AS TO FORM: Daniel J. Hochuh As Town Attorney and not personally • Page 2 of 2 PW /JRD /MF/03/25/03 3:58 PM Marana, Arizona Resolution No. 2003 -25 QUIT CLAIM DEED Pursuant to A.R.S. §28 -7205 TOWN OF MARANA, a political subdivision of the State of Arizona, hereby quit claim to Orange Grove & I -10 Industrial Partners LLC., Grantee, all its right, title and interest, in the following property situate in Pima County, Arizona, together with all rights and privileges appurtenant thereto: More accurately described and shown in Exhibit "A ", attached hereto and incorporated by this reference. RESERVING an easement for existing sewer, gas, water or similar pipelines for canals, laterals or ditches, for electric, telephone or similar lines which shall continue as they existed prior to the abandonment hereunder. Dated this of , 2003. ATTEST: Town of Marana Town Clerk Mayor State of Arizona ) ss. County of Pima ) This instrument was acknowledged before me this day of 2003, as the Mayor of the Town of Marana. Notary Public My Commission Expires: (THIS DEED IS EXEMPT FROM FILING THE AFFIDAVIT OF PROPERTY VALUE PURSUANT TO A.R.S. §11- 1134.A.3.) Parcel No. 101- 06 -OO1N Resolution 2003 -25 April 1, 2003 Exhibit A ABANDONMENT 6F PUBLIC RIGHT -OF -WAY LEGAL DESCRIPTION A PORTION OF A PARCEL OF LAND LOCATED IN THE NORTH EAST QUARTER OF SECTION 7, TOWNSHIP 13 SOUTH, RANGE 13 EAST, G &SRBM, PIMA COUNTY, ARIZONA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: A PORTION OF THE OLD STATE HIGHWAY AND INTERSTATE .10 FREEWAY FRONTAGE ROAD, DESCRIBED IN DOCKET 10311 AT PAGE 3224, EXCEPT FOR THAT PORTION WEST OF THE EASTERLY. RIGHT -OF -WAY OF INTERSTATE 10 AS DESCRIBED IN DOCKET 11259 AT PAGE 1349, ENCLOSING AN AREA OF APPROXIMATELY 34,056 SQUARE FEET (0.78 ACRES). AREA OF RIGHT -OF -WAY TO BE ABANDONED= 34,056 SQFT SECTION LINE -ORANGE GROVE ROAD T O _ so :. 0 D A R= 570.00" - ° I m 90 _ : U U - , W UJI < R = 630.1 0 ` L =10.JQ 0 . 0- _ D SECTION 7 R = 570.00' 10 =3, j 19 .72 ` � S T13S 3E 1 • ��. L 17,3191' G RIGHT -OF -WAY TO BE ABANDONED R = 630 .00' 3 •ar DKT 10311 /3224 L =179.94'. ' R = 630.00' L = 207.07' 77 i °o' R =570. 00' .0 >2 r NEW INTERSTATE 10 ROW LINE DKT 11259 / 1349 2� 8024 o IiALUNS TOWN TOWN COUNCIL OF MEETING MARANA INFORMATION DATE Aril 1, 2003 AGENDA ITEM: IX. A. 2 TO: Mayor and Council FROM: Michael C. Hein, Town Manager SUBJECT: Resolution No. 2003 -26: authorizing the renewal of an Intergovernmental Agreement with Pima County for payment of incarceration of municipal prisoners. DISCUSSION: The Town of Marana and Pima County have entered into an Intergovernmental Agreement ( IGA) setting forth a fee schedule for the housing the municipal prisoners. The IGA requires renewal on an annual basis, and the current IGA expires June 30, 1999. The current fee is $71.48 per billing day, which the Town pays to Pima County. The renewal of the IGA for the period July 1, 2003 through June 30, 2004 will decrease that amount to $68.22 per billing day. For each prisoner day following the first day, the Town of Marana shall pay $56.25 per day. A "billable" day includes a day or fraction of a day beginning at 0000 hours and ending at 2359 hours the same day. This fee encompasses each Town of Marana prisoner who is an inmate in, or under the control of, detention facilities maintained and operated by Pima County. RECOMMENDATIONc Staff recommends that Council authorize the renewal of the IGA with Pima County for the housing of municipal prisoners for the period July 1, 2003 through June 30, 2004, with the decreased fee of $68.22 and $56.25, respectively, per billable day. SUGGESTED MOTION: I move to approve Resolution No. 2003 -26. ADMIN /CLERK/3 /26/03 T , MARANA RESOLUTION NO. 2003-26 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, ACCEPTING AND AUTHORIZING THE RENEWAL OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF MARANA AND PIMA COUNTY FOR THE PURPOSE OF INCARCERATION OF THE TOWN'S PRISONERS. WHEREAS, the Town of Marana requires use of an appropriate facility for incarceration of its prisoners; and WHEREAS, the Mayor and Council of the Town of Marana have determined that the Pima County Jail, owned and operated by Pima County, Arizona, will fulfill the Town's needs; and WHEREAS, A.R.S. Section 11 -952 grants the Town the authority to enter into intergovernmental agreements; and WHEREAS, the Town and Pima County are currently p arties t o a n i ntergovernmental agreement providing for incarceration of the Town's prisoners; and WHEREAS, said intergovernmental agreement shall soon expire; and WHEREAS, the Mayor and Council have determined that approval of the Intergovernmental Agreement between the Town of Marana and Pima County for Payment for the Incarceration of Municipal Prisoners, attached hereto as Exhibit A and incorporated herein by this reference, is in the best interest of the Town and its residents. NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Town of Marana, Arizona, as follows: Section 1. The Town is hereby authorized to enter into the Intergovernmental Agreement between the Town of Marana and Pima County for Payment for the Incarceration of Municipal Prisoners, attached hereto as Exhibit A and incorporated herein by this reference. Section 2. The Mayor of the Town of Marana is hereby authorized to execute said intergovernmental agreement. Section 3. The Town staff is hereby authorized to take all steps necessary to implement said intergovernmental agreement and give it effect. Section 4. That all orders or resolutions in conflict with this resolution be and the same are, to the extent of such conflict, hereby repealed, and that this resolution be in full force and effect immediately upon its adoption. Marana, Arizona Resolution No.2003 -26 PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 1 St day of April, 2003. ATTEST: Mayor BOBBY SUTTON, JR. Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Daniel J. Hochuli, as Town Attorney and not personally Marana, Arizona Resolution No.2003 -26 Town of Marana Contract No. INTERGOVERNMENTAL AGREEMENT BETWEEN TOWN OF MARANA AND . PIMA COUNTY FOR PAYMENT FOR THE INCARCERATION OF MUNICIPAL PRISONERS THIS INTERGOVERNMENTAL AGREEMENT, entered into pursuant to ARS § 11 -952 (as amended) by and between: THE TOWN OF MARANA, a municipal corporation, (hereinafter sometimes referred to as the "Town "); and THE COUNTY OF PIMA, a body politic and corporate, a political subdivision of the State of Arizona, (hereinafter sometimes referred to as the "County "), NOW THEREFORE, THE TOWN AND COUNTY HEREBY AGREE AS FOLLOWS: 1. County ill receive and detain all municipal prisoners w tY p p s ho are medically fit to be incarcerated by County. County will provide booking services, and after booking, it will provide for the care, feeding and medical care of said prisoners, except as covered in paragraph 8. 2. Town of Marana will pay a first day billing rate of $68.22 dollars to cover booking and records expenditures and prisoner housing. For each prisoner day following the first day, the Town of Marana shall pay $56.25 per day. The two rates are applicable to the period of July 1, 2003 through June 30, 2004 and shall be calculated as set forth in exhibit A. The billing day as defined herein applies to each Town of Marana prisoner who is an inmate in, or under control of the detention facilities maintained and operated by the County. 3. "Town of Marana Prisoner" shall mean any person who has been incarcerated as a result of a charge pending in the Town of Marana Court, as a result of an agreement between the Town of Marana and another jurisdiction to allow the person to serve his sentence locally, or has been sentenced pursuant to an order of the Town of Marana Court and for whom the Town of Marana has the Legal obligation to provide or pay for prisoner housing (this Agreement does not create such an obligation, that obligation exists under current Arizona Law). A person who is a prisoner because of an in- custody charge and a charge pending in Town of Marana Court or a sentence Page 1 of 6 imposed by the Town of Marana Court, is not a Town of Marana prisoner. A prisoner arrested by the Town of Marana Police Department on another governmental entity warrant is not a Town of Marana prisoner. 4. Criteria and Rules Governing Billing: a. A "billable day" is defined as that period commencing at 0000 hours and ending at 2359 hours that same day or any fractional part thereof, of any day the Town of Marana prisoner is in the custody or control of detention facilities maintained and operated by the County. b. "Billable Custody" is defined as any pretrial custody involving a misdemeanor offense which will be tried or adjudicated in Town of Marana Court; OR, any custody pursuant to a sentence imposed by the Town of Marana Court. 5. Criteria for Assessment of Billing: a. The costs of incarceration of Town of Marana prisoners shall commence on the day the inmate was booked or held based upon a Town of Marana charge into Town of Marana Court or sentenced by Town of Marana Court. Costs for incarceration shall cease under the guidelines established earlier in this agreement under the definition of "Billable Day." b• When a risoner is in custody ustody for a charge or sentence from more than one Municipal court, the billing charges shall be apportioned based on those days of joint custody. Costs for incarceration shall be apportioned evenly between municipalities. If two municipalities have pending charges on a prisoner, each municipality will be charged for half the cost for each day that joint custody exists under guidelines established under the definition of `Billable Day." C. A Town of Marana prisoner who is subsequently charged into Pima County Court and held in- custody on County charges, will cease to accrue billing charges after 2359 hours on the date that custody for County charges is established. County custody shall take effect on the date when charging information is received in the Pima County Adult Detention Center Records Section and the prisoner is actually being held in- custody on the County charges. Also, a County prisoner who subsequently becomes a Town of Marana prisoner will commence to accrue billing charges after 2359 hours on the date that County custody ends. d. In the event of an escape, billing charges will cease to accrue after 2359 hours of the day of escape, or, in the case of a failure to report from authorized leave, billing charges will cease after 2359 hours of the last day of custody. Page 2 of 6 Billing charges will begin again on the day that the prisoner is recaptured and is actually being held in the Pima County Detention Facility. 6. County will submit a statement of Town of Marana prisoner charges on a monthly basis. This statement shall provide information in alphabetical order as follows: name of prisoner, booking date and hour, release date and hour, indication of booking day billing or subsequent day billing, billing period, daily rates, total billing days, and the total bill. The Town shall be allowed access to necessary computer systems in a timely manner to verify the billing. Any individual prisoner charges contested shall be made known to the County within 30 days after receipt of the monthly billing. If the Town notifies the County of a dispute within the 30 days of receipt of the monthly billing, the Town may withhold payment on those specific prisoners for whom billing is disputed until the dispute has been resolved. No dispute will be accepted if not made within the 30 days after the receipt on the monthly billing. If not contested in writing by the County, the dispute will be considered resolved in favor of the Town. Disputes about the billing statement shall be jointly reviewed by both parties and satisfactorily resolved within 45 days of the monthly billing. All charges shall be paid within sixty days of receipt of the monthly billing, excluding contested charges. Contested charges shall be paid 10 days of resolution of the dispute. Charges remaining unresolved after the 60 -day period may be arbitrated by a mutually acceptable third party. Town agrees to pay interest on outstanding charges beginning on the 10` day after resolution of the billing at a rate of 10% per annum until paid. Town agrees that a check is sent to County in payment of previously disputed charge, Town will attach an invoice detailing what specific charges are being paid. Town agrees that when funds are withheld due to a disputed charge, the specific charge being disputed, and the amount of payment being withheld, will be specified on an invoice attached to the payment check for the period in which the charge disputed was included. Town agrees to attach to each check submitted to County an invoice indicating the dates for which that check is to be applied. 7. Transportation of prisoners to Town of Marana Court or other locations, only as ordered by the Town of Marana Court, shall be the responsibility of the Town of Marana. The County shall be responsible for transportation of prisoners for medical care after the prisoner has been in jail custody for ninety minutes or more. 8. In regard to booking and related services and procedures, upon submission of the completed booking document to the Jail Intake Support Specialist County will immediately accept into jail custody all Town arrestees that present no obvious health issues that make the prisoner medically unacceptable for booking. The Town agrees that such conditional acceptance will shorten the time officers spend in the booking process and benefit the Town. Within the initial ninety minutes. County medical personnel will make a determination as to the prisoner's medical condition. Town agrees that if the prisoner presents a serious, emergent medical problem requiring Page 3 of 6 hospital examination or medical rejection for booking within 90 minutes of the time of booking, Town will send an officer to the jail to transport the prisoner for such medical examination or care as may be medically required as soon as possible. If a prisoner is taken from the jail for medical evaluation and returns to be incarcerated, the Town of Marana will not be charged twice for the first day billing rate of $ 68.22. By accepting the prisoner for the initial 90 minute evaluation period County does not in any way accept responsibility for the cost of medical care to be provided to that prisoner should it be determined by County that the prisoner requires hospitalization or that prisoner is medically unacceptable for booking. County will provide such booking and related services as prescribed by operations plans jointly approved by the Town of Marana Police and the Sheriff of Pima County. 9. This agreement shall cover the time period from July 1, 2003 through and including June 30, 2004. County agrees to provide Town with anticipated changes to the per diem rates for the ensuing year by December 1, 2003. The per diem rates for fiscal year 2004/2005 shall be subject to adjustment after negotiations are conducted by both parties. 10. Neither party shall be obliged to the other party for any costs incurred pursuant to this Agreement, except as herein provided. 11. Nothing in this Agreement shall be construed as either limiting or extending the statutory jurisdiction of either of the signing parties hereto. 12. Each party agrees to indemnify, defend and save harmless the other, their appointed boards and commissions, officials, employees and insurance carriers, individually and collectively from all losses, claims, suits, demands, expenses, subrogation, attorney's fees or actions of any kind resulting from all personal injury including bodily injury and death, and property damage occasioned during the term of this Agreement for acts or omissions of such parry. Each party represents that it shall maintain for the duration of this Agreement, policies of public liability insurance covering all of their operations undertaken in implementation of this Agreement, providing bodily injury limits of not less than Five Hundred Thousand Dollars ($500,000) for any one person, of not less than One Million Dollars ($1,000,000) for any one occurrence, and property damage liability to a limit of not less than One Hundred Thousand Dollars ($100,000). The parties may fulfill the obligations of this Article by programs of self - insurance equivalent in coverage. 13. The parties agree to be bound by arbitration, as provided in Arizona Revised Statutes, § 12 -1501 et . seq., to resolve disputes arising out of this Agreement where the sole relief sought is monetary damage of $20,000 or less, exclusive of interest and costs. 14. Notwithstanding any other provision in this Agreement, this Agreement may be terminated with thirty days notice, if for any reason the Pima County Board of Supervisors does not appropriate sufficient monies for the purpose of maintaining this Page 4 of 6 Agreement. In the event of such cancellation, County shall have no further obligation to the Town other than for services already provided. 15. Either party may, at any time and without cause, cancel this Agreement by providing ninety (90) days written notice of intent to cancel. 16. This Agreement is subject to the provisions of ARS § 38 -511. 17. Each party to this Intergovernmental Agreement shall comply with all federal, state, and local laws, rules, regulations, standards, and Executive Orders, without limitation to those designated within this Agreement. The laws and regulations of the State of Arizona shall govern the rights of the parties; the performance of this Agreement, and any disputes hereunder. Any action relating to this Agreement shall be brought in a court of the State of Arizona in Pima County. Any charges in the governing laws, rules, and regulations during the terms of this Agreement shall apply, but do not require an amendment. 18. TOWN and COUNTY will not discriminate against any TOWN or COUNTY employee, client or any other individual in any way involved with the TOWN or COUNTY, because of race, age, creed, color, religion, sex, disability or national origin in the course of carrying out duties pursuant to this Intergovernmental Agreement. TOWN and COUNTY agree to comply with the provisions of Arizona Executive Order 99 -4, which are incorporated into this agreement by reference as if set forth in full. 19. Each party shall comply with all applicable provisions of the Americans with Disabilities Act (Public Law 101 -336, 42 U.S.C. 12101- 12213) and all applicable federal regulations under the Act, including 28 CFR Parts 35 and 36. Page 5 of 6 20. This document, including Exhibit A, constitutes the entire Intergovernmental Agreement between the parties and shall not be modified, amended, altered or changed except through a written amendment signed by the parties. SIGNED AND ATTESTED THIS DAY OF , 2003. ATTEST: TOWN OF MARANA, a municipal corporation Town of Marana Clerk Mayor ATTEST: PIMA COUNTY, a body politic Clerk, Board of Supervisors Chair, Board of Supervisors Date Date APPROVED AS TO FORM AND APPROVED AS TO FORM AND LEGAL AUTHORITY: LEGAL AUTHORITY: Town of Marana Attorney Deputy ty Attorney Legal authority: ARS § 11 -201, ARS § 11 -951 through 954, ARS § 11 -251 Page 6 of 6 EXHIBIT A Calculation of Per Diem Rates There shall be two billing rates applicable to the prisoners incarcerated on behalf of the City of South Tucson. A separate rate shall apply to the first day of incarceration to recapture booking and intake costs. Another separate rate shall be applied to the second and all following days of incarceration. Annually, each per diem rate shall be mutually agreed upon before July 1. A. The per diem rate applicable to the first day shall recover the booking and intake costs associated with each prisoner, whether the prisoner is booked and released or incarcerated. The first day rate - shall be calculated based on the budgeted expenditures of the Booking and Intake organizational unit and its associated indirect costs divided by the actual number of bookings of City prisoners as shown in schedule 1. The first day rate shall be calculated separately and the costs will be excluded from the basis for the rate charged for the second day of incarceration and all days following the second day. The Sheriff's cost centers included in the base calculation for the first day rate are: • Food Service • Supply Unit • Corrections Property • Corrections Booking/Records • Janitorial/Facilities Management • Central Service Cost Allocation • Depreciation The indirect costs will be allocated according to the percentage relationship that the amount of Full Time Equivalent (FTE) staffing of Booking/Intake is to the amount of FTE staffing of Support Operations, Operations, Corrections and Booking/Intake combined. An example of the calculation follows: FTE's % Support Operations 218 19.27% Operations 409 36.16% Corrections 458 40.50% Booking/Intake 46 4.07% Total 1,131 100.00% Page 1 of 3 In this case, the indirect cost allocation rate would be 4.07 %, calculated by dividing the FTE staffing of the Booking /Intake unit by the combined FTE staffing: 46/1,13 1. B. The second and all following days of incarceration shall be billed at a rate to cover budgeted expenditures for Correction Bureau costs, Adjustments, Support Operations costs, Other Costs and Indirect costs. The organizational units to be included in the second and following days rate for Correction Bureau costs are: • Corrections Staff • Food Services Unit • Classification Unit • Supply Unit • Corrections Property • Janitorial/Facilities Maintenance • Health Care Services • Mental Health Unit • Work Furlough • Commissary • Main Jail Operations • Corrections Basic Training • Judicial Security After the Corrections Bureau budgeted expenditures have been calculated certain adjustments to total expenditures will be applied as offsets or reductions. The offsets will be made for the budgeted revenues and expenditures of the following organizational units: Judicial Security, Work Furlough Release Revenues and Commissary Revenues. The offsets of these units will be reductions to total Correction Bureau costs. Any other offsets will be mutually agreed upon when they become an element of the annual budget process. Support operations costs are an indirect element of the Sheriffs budgeted expenditures to be included in the per diem rate. The organizational units to be included in the Sheriff s internal indirect rate calculation are: • Department Staff • Administration Bureau Staff • Behavioral Science • Finance • Personnel • Training • Data Services • Communications Page 2 of 3 The Sheriff's internal indirect cost allocation rate shall be the percentage that the • amount of FTE Corrections Bureau staffing is to the combined amount of FTE staffing of Support Operations, Operations, and Corrections. An Example of the calculation follows: Bureau FTE's % Support Operations 218 19.27% Operations 409 36.16% Corrections 504 44.56% Total 1,131 100.00% The indirect cost allocation rate is 44.56 %; it is the result of 504/1,131. Other costs to be included in the second day and following days rate will include the allocation of internal central service costs of Pima County as shown in the most current Central Services Cost Allocation Plan. If the plan is out of date by more than one fiscal year, the most current CPI index will be applied for each prior fiscal year to internal allocations of expenditures to reach an amount adjusted for inflation in the current fiscal year. These indirect costs will be allocated to the Corrections Bureau costs in the same percentage as shown under paragraph A, above. Other costs will also include one hundred percent of the annual Property, Plant and Equipment expense of $1,707,262. Page 3 of 3 . Schedule 1 Example of Calculation of Booking/Intake Per Diem Rate Budget First Second FY XX/XX Day Rate Day Rate Corrections Staff $999 - $999,999 Food Services Unit 9,999,999 99,999 9,999,999 Classification Unit 999,999 - 999,999 Supply Unit 999,999 99,999 999,999 Corrections Property 999,999 99,999 999,999 Corrections booking /records 999,999 999,999 - Janitorial /Fac. Maint 9,999 999 99,999 999,999 Medical Unit 9,999,999 - 9,999,999 Mental Health Unit 999,999 - - 999,999 _ Work Furlough 999 - 999,999 Commissary 999,999 - 999 Main Jail Operations 99 999999 - 99,999,999 Corrections Basic Training 99,999 - 99 Judicial Security 9,999,999 - 9 Subtotal 99,999,999 99,999,999 Judicial Security (9 - (9,999,999) Work Furlough Release Revenues (999,999) - (999,999) Commissary Revenues (999,999) - (999,999) Corrections Cost: 99,999,999 9,999,999 99 999 999 Support Operations Costs: 9,999,999 999,999 9,999,999 Other Costs: 9,999,999 999,999 9,999,999 Total 99,999,999 9,999,999 99,999,999 - Total Inmate Days /Bookings"` 99,999 999,999 Per Diem Rate $99 $99 .99 TOWN COUNCIL TOWN MEETING OF INFORMATION MARANA DATE: April 1, 2003 AGENDA ITEM: IX. B. 1 TO: Mayor and Council FROM: Joel D. Shapiro, Planning Director SUBJECT: Public Hearing: Ordinance No. 2003.06: Tangerine Water Users Group Rezone A request initiated by the Town of Marana to rezone approximately 40 acres located north of Benta Vista and south of Tangerine Road, in a portion of Section 5, Township 12 South, Range 12 East, from "C" (Large Lot Zone) to "MU -1" (Mixed Use Zone). DISCUSSION: This zone is intended to allow residential with limited commercial and industrial development, where appropriate, and designed to be compatible or provide the appropriate buffers where potentially incompatible uses are proposed with the surrounding uses. This zone is to be located only where existing mixed -uses are historically located and the area is transitioning into a more intensive use area such as the Tangerine Water Users Group area. All new development must conform to grading, parking, landscaping and other standards, as required by the Town of Marana Land Development Code. Staff has provided a comprehensive list of permitted, accessory and conditional uses for the new MU -1 zoning district. Because of the lack of infrastructure in the area, staff finds that the development of the area will be directly affected by the installation of the necessary infrastructure to support future development. The permitted uses provide opportunities for continued residential as well as establishing new and/or expansion of existing businesses currently located in the area. On January 8, 2003 staff sent a letter explaining the initiation of this rezoning to all affected parties within the area of the rezone. Included with the letter was a response sheet, asking the affected party if they did or did not support the proposed rezoning. We sent eleven letters and received eight affirmative responses. RECOMMENDATION: Planning Commission and Staff recommend approval of Ordinance No. 2003.06, The Tangerine Water Users Group Rezone. SUGGESTED MOTION: I move to a rove Ordinance No. 2003.06 MARANA ORDINANCE NO. 2003.06 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, TO REZONE APPROXIMATELY 40 ACRES OF LAND GENERALLY LOCATED NORTH OF BENTA VISTA AND SOUTH OF TANGERINE ROAD, WITHIN PORTION OF SECTION 5, TOWNSHIP 12 SOUTH, RANGE 12 EAST, FROM ZONE "C" (LARGE LOT ZONE) TO ZONE "MU -1" (MIXED USE ZONE). WHEREAS, The Town of Marana has initiated a rezoning of approximately 40 acres from "C" (Large Lot Zone) to "MU -1" (Mixed Use Zone) in an area known as the Tangerine Water Users Group; and WHEREAS, The Town of Marana has met with the property owners and discussed the land uses contained within the proposed rezoning area, and all parties have agreed that the properties associated with the Tangerine Water Users Group should be rezoned to "MU -1" (Mixed Use); and • WHEREAS, the Marana P lanning C ommission, a fter a p ublic h earing, c onsidered t his Rezoning request on February 26, 2003, and voted unanimously to recommend that the Town Council approve a Rezoning; and WHEREAS, the Marana Town Council heard from the owners, staff and members of the public at the regular Town Council meeting held April 1, 2003, and have determined that the Rezoning is in conformity with the Future Development Plan Map, as amended, within the Marana General Plan and should be approved; and WHEREAS, The Town Council had determined that the proposed Rezoning is in the best interests of the citizens of Marana, and is desirable for the reasonable and orderly development of the Town of Marana; NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of Marana, Arizona, as follows: Section 1. The request initiated by the Town of Marana to rezone approximately 40 acres of land generally located north of Benta Vista and south of Tangerine Road, within a portion of Section 5, Township 12 South, Range 12 East , from "C" (Large Lot Zone to "MU -1" (Mixed Use Zone), is hereby approved. Section 3. All Ordinances, Resolutions and Motions and parts of Ordinances, Resolutions, and Motions of the Marana Town Council in conflict with the provisions of this Ordinance are hereby repealed, effective as of the effective date of Ordinance No. 2003.06 Marana Ordinance No. 2003.06 • Section 4: If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions hereof. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 1 st day of April, 2003. ATTEST: Mayor BOBBY SUTTON, JR. Jocelyn C. Bronson Town Clerk • APPROVED AS TO FORM: Daniel J. Hochuli As Town Attorney and not personally • Marana Ordinance No. 2003.06 DRAFT LAND DEVELOPMENT CODE TowN of MARANA, ARIZONA DANA 05.11.08 Mbced4lse - MU -1 A. Purpose The purpose of the Mixed Use Zoning District is to promote, and regulate existing low densry mixed uses in areas of the Town where public facilities and utilities may be limited. The int -ant of this district is to encourage orderly growth in semi -rural areas, as well as provide for serrii- rural residential uses. In addition, this zone is intended to allow limited commercial and industrial development where appropriate and designed to be. compatible or provide the appropriate buffers where potentially incompatible uses are proposed with the surrounwng uses. This zone is to be located only where existing mixed- uses`are historically looted and the area is transitioning into a more intensive use area.' B. Permitted Uses 1.- One single - family detached home or caretakers quarters (S4e.built or Manufactured) . _ 2 - Animal clinics & kennels; 3. Antique shop; 4. Automobile repair garages; provided that no machining is conducted on the premises; no outdoor storage of parts or outdoor parking of automobiles - waiting for service for more than seven (7) days, 5. Aviaries, - - -_ - 6. Barber and beauty.shop; _ 7. Blacksmith shop, _ 8. Carpentry, upholstery & furniture repair, 9. Churches; synagogues, and other places of worship; 10. Construction/contractor's yards; 11. Crop production, 4 12. Feed store; t`e - 13. Foster and group homes; 14. Grazing arrd raising of livestock; 15. Massage therapy establishments; 16. Plant nurseries and greenhouses; 17. Private stable; 18. Professional offices, not including medical (see CUP Section); 19. Raising and marketing of poultry, rabbits and small animals; 20. Repair shops for appliances, bicycles, etc...; • 21. Sales stands for the sale of agricultural and horticultural products produced or grown on the premises; _ - ARTICLE 15 -03 ZoNiNG PAGE 1 OF 6 REvISED 12 /10/02 < , DRAFT LAND DEVELOPMENT CODE TOWN OF MARANA, AR_Tzo#%A 22. Second hand store; 23. Trucking operations and yards; 24. Uses similar to those listed above in this section, as determined by the Planning Director. C. Accessory Uses (Uses incidental to a permit ?d established use) 1. Corrais & other animal structures; 2. Detached a�oessory buildings and structures; 3. Fences and .valls; 4. Game courts. unlighted; 5. Garage, encicsed storag-�, or barn; 6. Guest ysarte; , provides at nc 1 .:hen is provided; 7. Home occ.tpabo� :s; 8. Swimming -. cols; D. Conditional Uses (Subje�.;t to S- -lal 4. -rc. _ -. ?r- ^e ure and Conditions) 1. Additional building � -.fight 2. Apiaries; 3. Commercial riding st=ables < ling scabies; 4. Game courts, lighted; 5. Health care facilities, include -s, o :mss and laboratories; 6. Manufacturing, processing a- m. y; 7. Mini - storage and/or recreao? zc' storage facilities; 8. Restaurants; 9. Rodeo facilities, whether p vate; 10. Sexually Oriented Business to Article 9-6 of the Mi. ana T w-i 11. Warehouse facilities; O 15 -03 �;E2, DRAFT LAND DEVELOPMENT CODE TOWN OF MARANA, ARIZONA E. Performance Standards The following limitations shall apply to the conduct of uses within the Mixed -Use Zone: 1. More than one use may be permitted on a single parcel if the following criteria can be met i. The total of all uses on a single parcel, shall not exceed the Pima County Department of Environmental Quality and other applicable codes and ordinances for individual sewage disposal system, this includes lot area, number of fixtures, required engineering plans, etc. ii. Each type of use (residential, commercia7_and industrial) shall have its own separate pedestrian ;entrance, _ ii.- Adequate bufferyards are provided between incompatible uses; ni: Parking and vehicular accesses are separate between incompatible uses, v. The proposed use does_ not exceed_ the standards of the applicable_ codes and ordinances of the Town nor create any overburden of public or private streets, utilities, emergency services and/or facilities, and;:;_:_ 2. No outdoor storage of equipment or, materials- shall be p...rmitted unless screened, by a permanent opaque decorative . wall at least six feet in height or by a�mbination of solid wall or fence and landscape screening accepted by the Town. 3. No use shall be established; maintained or conducted within the Mixed - Use zone which may cause the dissemination of smoke, gas, dust, odor or any other atmospheric pollutant that is in violation of Pima County Department of Environmental Quality. Every use shall be so operated that it does not emit dust, heat, glare or vibration in such quantities or degree - as to be readily_ detectable on any property line of the lot upon which it is located- ----4. No use shall result in the creation of traffic hazards or undue congestion of _ any public street or private access. E. Development Standards The following standards shall apply to all developments within the Mbced -Use Zone: 1. General Development Standards. a. Minimum lot area shall be 43,560 square feet (1 acre); • b. Minimum lot width shall be 100 feet; c. Minimum lot depth shall be 100 feet; ARTICLE 15 ZONING PAGE 3 of 6.- R EVISED 12/10/02 DRAFT LAND DEVELOPMENT CODE TOWN OF MARANA, ARIZONA d. Minimum required building setback abutting a street or ingress/egress easement shall be 30 feet Fifty percent of such setback area shall be landscaped and shall remain as open space, free from structures and parking/loading areas. e. Minimum side and rear setbacks shall be 25 feet A minimum of 10 feet of the setback area shall be landscaped and shall remain free from structures; This setback may be reduced to include driveways, _ screening. walls, parking if a permanent opaque decorative screening wall five (5) feet in height is constructed along the property line; f. Building Separation. The minimum distance between two primary structures shall be twenty (20) feet'- The-minimum distance between all other structures shall be ten (10) feet; g. Setback Exceptions. Architectural features such as; but not limited to, eaves, chimneys, bay windows, overhangs, awnings, porches and similar architectural features_ may enG roach into setbacks by no more than four (4) feet, subject to compliance with applicable standards o` the applicable Building and Fire Codes; h. Maximum lot coverage shall not exceed a total of 55 percent for each • parcel; i. Maximum building height shall be 24 feet In conjunction with a Conditional Use Permit application, the Planning Commission may allow an increase to the building height, provided that the applicant provides acceptable justification for the need to exceed the height limn, j. Animal Keeping. _There shall not be more than one (1) horse, cattle, sheep, goat or other livestock for each ten thousand (10,000) square feet of lot area. 2. Landscaping The intent of the Landscaping requirements is to provide residents and businesses with attractive landscaping that creates an interesting streetscape, and provides a safe and effective transition between potentially incompatible land uses. In addition, these requirements regulate the protection of native vegetation as a significant natural resource. All development within the Mixed -Use Zone shall provide site landscaping, including the: buffieryard, parking lot and any applicable screening as required herein and in accordance with Title 17 of the Marana Land Development Code. 3. Access and Off -Street Parking The number, size and design of all parking spaces, driveways and loading areas for all development within the Mixed -Use Zone shay comply with ARTICLE 15 -03 ZONING PAGE 4 OF 6 REVISED 12/10/02 DRAFT LAND DEVELOPMENT CODE TOWN OF MARANA, ARIZONA the provisions of Title 22 of the Marana Land Development Code and the following requirements fisted below: a. Per Title 6 of the Land Development Code, all lots must abut a Public- Street (06.C3.03.B), or a private street improved to a standard satisfactory to the Town; b. Access control and driveway locations will be evaluated per Town of - - Marana standards. Joint driveways are desirable whenever possible _ in order to minimize the number of access points to streets and access easements; c. All parking shall be off street in payed, landscaped parking areas, and; -: 4. Signs, - Sign standards are hereby established to promote a qualifi visual appearano throughout the Mi;.ed -Use Zane; to al1cw indrvidual businesses to clea.ly identify thernselves'and the goods and services Owed; to create a unique environment to attract visitors; to safeguard and enhance property values; to reduce potential hazards to motorists and pedestrians; and to eliminate - excessive and confusing sign displays. All signs for developments within the Mixed -Use Zone shall comply with the provisions of Title 16 of the Marana Lan_ d Development Code and the following s add'itionai sign requirements: a. Materiais colors and shades of proposed signs shall be compatible with the related building(s) on the property; b. Monumerrt, wall- mounted and free- hanging signboards shall be the approved styles; c. Signage shall be limited to one (1) freestanding sign for each street frontage and one (1) wall sign (near the main entrance). In cases wh6re there are multiple tenants each tenant within the property _ � P PertY - -_ shall be allowed one (1) wall sign (near each main entrance, the n s� _ 9 area shall be determined by Section 16 -14-2; d.= Freestanding signs shall be limited to double -faced round - mounted 9 9 9 monument style, with proper landscaping in accordance with Section 16 -14-4. Freestanding pole signs are prohibited; e. Freestanding signs shall not exceed eight (8) feet in height (from grade to the top of sign) and 40 square feet per side and shall be located in such a manner that does not create a traffic hazard, and; • f. Changeable letter boards may make up no more than 20 percent of .. the area of a freestanding sign. ARTICLE 15-03 ZONING PAGE 5 OF 6 REvisED 12 /10/02 r � DRAFT LAND DEVELOPMENT CODE TOWN OF MARANA, ARIZONA '•4�Ft_ \- 5. Screening To create an attractive environment and visually screen land uses that are not fully compatible, the following standards shall apply to all development within the Mixed -Use Zone: a. Service Entrances and/or Loading Areas. All service entrances, loading areas and spaces must be screened from the abutting property and view from a public street Such screening shall consist of a minimum five (5) foot wide planting strip consisting of tress, decorative walls and/or landscaping corr:bination t;:a'.ivill proviav a six (6) foot high barrier, b. Dumpsters and Trash Handling Areas. All dumpsters and trash handling areas shall be enclosed and screened from public view. These areas shall be constructed of materials and colors compatible with those of the primary Euilding(s). Chain link fendng (with or without slats) is not permitted; c. No articles, materials, trash; equipment or inoperable vehicles shall be stored or kept ir. the open of be visible from the street, ingress/egress easement, and/or adjacent properties. This limitation . does not apply to temporary storage of materials, equipment and supplies needed for the nstruclion of improvements on a site, provided such items are completely removed immediately upon completion of the app;rceble phase of consl*uabon, and; -- d. Utilises. Ail utilities including elcbic povrar, telephone, gas and water shall be located underground. Utilities shall be coordinated with landscape plans to ensure proper screening and landscaping around utility vaults, box transformers, etc. 6. Lighting Site lighting should serve functional, safety and aesthetic purposes. Site and security lighting shall be designed to enhance the safety and quality of the development Screening of lights from residential areas and glare from traffic areas shall be required. All site lighting shall be in compliance with the adopted Marana Outdoor Lighting Code. ARTICLE 15 -63 ZONING PAGE 6 OF 6 REVISED 12/10/02 \` LOCATION MAP MARANA I PCZ=03007 Rezone TOWN OF MARANA i ,III I i Tangerine Water Users Group 'f > Tangerine Water Users Group TOWN COUNCIL TOWN MEETING OF INFORMATION MARANA DAT A ril 1, 2003 AGENDA ITEM: IX. B. 2 TO: Mayor and Council FROM: Joel D. Shapiro, Planning Director SUBJECT: Resolution No. 2003 -24 Adoption of the National Park Service (NPS) Comprehensive _ Manarement and Use Plan (CMP) and the Master Plan for Pima County, Arizona Segment Juan Bautista de Anza National Historic Trail: The Comprehensive Management and Use Plan provides objectives for the Historic Trail and defines roles for individual agencies impacted by the Trail. The Master Plan precisely identifies the necessary rights -of -way along the Trail's 70 mile corridor through Pima County and is a regulatory extension of the National Park Service's Comprehensive Management and Use Plan. DISCUSSION: The CMP represents a formal adoption of NPS policies for the Anza Trail. These policies provide standardized assessment of the Anza Trail from end to end. In addition, the CMP provides a process through which non - federal segments of the Anza Trail can be federally recognized. Ultimately the CMP provides for the documentation and administrative responsibilities for protecting the Trail's historic resources and providing appropriate public use. The benefit of standardized regulations through the CMP are that uniform and coherent trail development standards will enhance not only resource protection but visitor experience. The Pima County Master Plan is a study of the 70 mile stretch of Anza Trail through Pima County. Specifically; the Master Plan presents the preferred alignment of the Trail based on actual routes taken and established campsites. The Town of Marana cooperated with the County in the formulation of this data. The preferred alignment is depicted by mile by mile aerial photos and is supplemented with uniform Trail development standards. The Master Plan is a necessary tool in preserving the Anza Trail as a historic resource. The CMP and the County Master Plan are in concert with, in addition to other resources; the Town of Marana General Plan; Park, Trail, and Open -Space System Master Plan; and Santa Cruz River Corridor Plan as well as the Pima County Eastern Pima County Trail System Master Plan. The objectives of both Plans are also consistent with the environmental preservation goals of the United States Army Core of Engineers Tres Rios project which the Town is currently involved in. RECOMMENDATION: Staff recommends approval. SUGGESTED MOTION: I move to approve Resolution No. 2003 -24. 41�_ MARANA RESOLUTION NO. 2003-24 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, APPROVING THE ADOPTION OF THE NATIONAL PARK SERVICE (NPS) COMPREHENSIVE MANAGEMENT AND USE PLAN (CMP) AND THE PIMA COUNTY MASTER PLAN FOR THE PIMA COUNTY, ARIZONA, SEGMENT JUAN BAUTISTA DE ANZA NATIONAL HISTORIC TRAIL. WHEREAS, the Town of Marana Mayor and Council realize the importance of commemorating and identifying significant historical and cultural resources; and WHEREAS, the Town of Marana General Plan Update, Park, Trail, and Open -Space System Master Plan and Santa Cruz River Corridor Plan recommend continued study and the development of programs that ensure the integrity of the Anza Trail; and WHEREAS, the NPS is the lead federal agency for the Anza Trail and provides guidance in the preservation of the Anza Trail; and WHEREAS, the NPS recommends that non - federal segments of the Trail be certified and managed under a mutually beneficial cooperative effort between the local interest and the NPS; and WHEREAS, the NPS provides the CMP as supplemental policy intended to ensure the proper documentation and development of the Trail's preservation and marking activities; and WHEREAS, Pima County has prepared a Master Plan which precisely identifies the necessary rights -of -way along the Anza Trail's 70 mile corridor through Pima County and is a regulatory extension of the CMP; and Anza Trai. WHEREAS, the Mayor and Council have determined that the CMP and Pima County Master Plan are in the best interests of the residents of the Town and the historic integrity of the Anza Trail. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the T own o f Marana, Arizona; that the Comprehensive Management and Use Plan and the Pima County Master Plan for the P ima C ounty, A rizona, s egment Ju an B autista d e A nza N ational H istoric Trail and all of their components are hereby adopted. Marana Resolution No. 2003 -24 Page 1 of 2 PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 1 St day of April, 2003. Mayor BOBBY SUTTON, JR. ATTEST: Jocelyn C. Bronson Town Clerk APPROVED AS TO FORM: Daniel J. Hochuh As Town Attorney and not personally Marano Resolution No. 2003 -24 Page 2 of 2 L TOWN COUNCIL TOWN MEETING OF INFORMATION MARANA DATE: Aril 1, 2003 AGENDA ITEM: IX. B. 3 TO: Mayor and Council FROM: Joel D. Shapiro, Planning Director SUBJECT: Resolution No. 2003 -23 Intergovernmental Agreement (IGA) between the Town of Marana and the National Park Service (NPS) concerning the Juan Bautista de Anza historic Trail (Anza Trail): The approval of this resolution shall establish an IGA with the NPS whereby the Town agrees to adopt the NPS's Comprehensive Management and Use Plan (CMP) and agrees to participate in the certification of segments of the Juan Bautista de Anza National Historic Trail within the Town's jurisdiction. The CMP provides policy for the enhancement of public access to and awareness of the Juan Bautista de Anza Historic Trail. DISCUSSION: In preserving the Town's historical resources, the Anza Trail represents a nationally significant Spanish Colonial route of exploration which established a presidio at San Francisco and claimed California for Spain. Congress has legislated the Trail as a component of the National Trail System (1990) under the National Trail System Act. The Act requires the provision of public access to historic trail sites and the protection of sites from changes that may impact the Trail's historic integrity. The NPS administers a certification process for non- federal segments of the Trail. This IGA will establish a mechanism through which the Town can ultimately receive monies for trail marking and the development of support facilities and trail management activities. The Town of Marana General Plan; Park, Trail, and Open -Space System Master Plan; and Santa Cruz River Corridor Plan all provide policy direction that supports the adoption of this IGA. In addition to this IGA, which compliments Town policies concerning the Anza Trail, staff recommends the adoption of the Pima County Master Plan for the Anza Trail. This Plan provides critical right -of -way alignments for the Trail through Marana. Both the CMP and the Master Plan for Pima County, Arizona Segment Juan Bautista de Anza National Historic Trail will be proposed for adoption through a subsequent request and separate instrument from the adoption of this IGA. RECOMMENDATION: Staff recommends approval. SUGGESTED MOTION: I move to approve Resolution No. 2003 -23 MARANA RESOLUTION NO. 2003-23 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, APPROVING AN INTER- GOVERNMENTAL AGREEMENT (IGA) WITH THE NATIONAL PARK SERVICE (NPS) WHEREBY THE TOWN AGREES TO ADOPT THE NPS'S COMPREHENSIVE MANAGEMENT AND USE PLAN (CMP) AND AGREES TO PARTICIPATE IN THE CERTIFICATION OF SEGMENTS OF THE JUAN BAUTISTA DE ANZA NATIONAL HISTORIC TRAIL (ANZA TRAIL) WITHIN THE TOWN'S JURISDICTION. WHEREAS, the Town of Marana and the NPS have the authority to enter into agreements that a re m utually b eneficial a nd i n t he i nterest o f t he p ublic t hrough t he N ational Trails System Act and the Arizona Revised Statutes; and WHEREAS, the Town of Marana as well as other local, state, and federal agencies and jurisdictions cooperated in the formulation of the CMP and inter - governmental responsibilities listed therein; and WHEREAS, the Mayor and Council have determined the benefit in the federal certification and marking of the Anza Trail and realize the CMP conforms with those policies previously adopted by the Mayor and Council concerning the Anza Trail's preservation, administration, and management; and WHEREAS, the Mayor and Council have determined that approval of this IGA, is in the best interests of the residents of the Town and the historic integrity of the Anza Trail. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona; that the IGA, between the Town and the NPS regarding the Anza Trail, attached hereto as Exhibit A and incorporated herein by this reference, and all of its components are hereby approved. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 1 St day of April 2003. Mayor BOBBY SUTTON, JR. ATTEST: Jocelyn C. Bronson, Town Clerk Marano Resolution No. 2003 -23 APPROVED AS TO FORM: Daniel J. Hochuli As Town Attorney and not personally Marano Resolution No. 2003 -23 4 Agreement No. DRAFT AGREEMENT Between the NATIONAL PARK SERVICE and the TOWN OF MARANA, ARIZONA This Agreement is entered into by and between the National Park Service, U.S. Department of the Interior ( "NPS "), and the ToYvn of Marana, Arizona ( "Town "). ARTICLE 1 — BACKGROUND AND OBJECTIVES The Juan Bautista de Anza National Historic Trail (" Trail "), a 1200 -mile trail authorized by Congress as a component of the National Trails System in 1990, is administered by the NPS. The National Trails System Act places heavy emphasis on cooperation with federal, state, and local land managing agencies and nonprofit groups to mark and interpret the trail. The Comprehensive Management and Use Plan ( "CMP ") for the Trail, dated April 1996, outlines objectives and practices to be observed in the management of the Trail and identifies significant potential Trail components, procedures for nonfederal certification, and the process to mark the Trail. The Trail within the Town is recognized in the Pima County Comprehensive Plan, Regional and Special Area Plan Policies, October 1992, and in the Eastern Pima County Trail System Master Plan; and is fully described in the Master Plan for Pima County, Arizona Segment Juan Bautista de Anza National Historic Trail approved by the County Board of Supervisors in December 2002. The objective of this Agreement is to cooperate with one another for the mutual benefit of NPS and the Town and for the general benefit of the people of the United States and future generations through enhancement of public access to and awareness of the Juan Bautista de Anza National Historic Trail. ARTICLE II — AUTHORITY The authority for this Agreement is the National Trails System Act 16 USC §1241 -1252. ARTICLE III -- STATEMENT OF WORK A. The NPS and the Town mutually agree to: 1. Establish individual coordinators within each administering agency for Trail administration activities. AGREEMENT between NPS and Town of Marana ( January 3, 2003 • 2. Adopt the Juan Bautista de Anza National Historic CMP and manage the trail's resources as appropriate and feasible. 3. Keep each other informed and consult periodically on management problems pertaining to the Trail. 4. Subject to the availability of funds and personnel, provide assistance at the request of either party for the planning and development of facilities, acquisition of land, and the administration of the Trail. B. NPS agrees to: 1. Provide the Town with Trail markers in accordance with the marking program established in the CMP. 2. Upon request and as funds permit, provide technical assistance for planning access, protection, facilities, interpretation, and other aspects of management of the Trail. 3. Assist, as possible, private landowners and nonfederal managing entities with cultural resource compliance assistance (i.e., National Historic Preservation Act of 1966, as amended, sections 106 and 110) and natural resource compliance assistance, including on -site technical evaluations and reviews of plans, designs, and mitigation measures. • 4. Support efforts that promote the Trail as a single, integrated system. 5. Review Attachment A (Town of Marana Certified Trail Segments) as appropriate to revise and update with Trail segments submitted by Town for certification. C. The Town agrees to: 1. Submit Trail segments, as they become available for public use, for review and certification by NPS. 2. Mark the Trail, as segments within Town jurisdiction are completed, with markers furnished by the NPS, and maintain the Trail markers erected. 3. Administer, manage, protect, and maintain Trail sites and segments within Town jurisdiction in accordance with the purpose of the Trail and the CMP. 4. Recommend appropriate Town facilities to house NPS interpretive media or to receive NPS technical assistance. 5. Assist, as possible, private landowners and nonfederal managing entities with cultural resource compliance assistance and natural resource compliance assistance, including on- site technical evaluations and reviews of plans, designs, and mitigation measures. AGREEMENT between NPS and Town of Marana 2 January 3, 2003 • 6. Seek cooperative agreements with owners of those private lands within the Trail corridor adjoining certified Town -owned sites and segments where necessary to ensure adequate protection for public access. ARTICLE IV -- TERM OF AGREEMENT This Agreement will remain in effect for five years, beginning on the date of the last signature below. This Agreement may be renewed upon mutual agreement between the Parties. ARTICLE V -- KEY OFFICIALS A. Key officials are essential to ensure maximum coordination and communication between the parties and the work being performed. They are 1. For the NPS Meredith Kaplan, Superintendent Juan Bautista de Anza National Historic Trail 1111 Jackson Street, Suite 700 Oakland, CA 94607 Telephone: 510-817-1438 Email: meredith_kaplan @nps.gov 2. For the Town ARTICLE VI -- PRIOR APPROVAL Any use of the official Trail marker for other than marking certified trail sites and segments shall be approved by the NPS. The NPS will provide the Town with digital files for the marker. ARTICLE VII — REPORTS AND /OR OTHER DELIVERABLES Not applicable ARTICLE VIII -- PROPERTY UTILIZATION Not applicable AGREEMENT between NPS and Town of Marana 3 January 3, 2003 ARTICLE IX -- MODIFICATION AND TERMINATION A. Modifications to this Agreement may be proposed by either Party and shall become effective upon written approval by both parties. B. This Agreement may be terminated upon 60 days advance written notice given by one of the parties to the other, or it may be terminated earlier by mutual consent of both Parties. ARTICLE X -- STANDARD CLAUSES A. Civil Rights - During the performance of this Agreement, the cooperators agree to abide by the terms of Executive Order 11246 on nondiscrimination and will not discriminate against any person because of race, color, religion, age, sex, or national origin. The cooperators will take affirmative action to ensure that applicants are employed without regard to their race, color, religion, age, sex, or national origin. No otherwise qualified individual will be denied access to a program or activity solely on the basis of a handicap. B. Promotions . . The Town will not publicize or otherwise circulate promotional materials (such as advertisements, sales brochures, press releases; speeches, still and motion pictures, articles, manuscripts, or other publications) which state or imply governmental, departmental, bureau, or government employee endorsement of a product, service, or position which the Museum represents. No release of information relating to this Agreement may state or imply that the government approves of the Town's work product or considers the Town's work product to be superior to other products or services. C. Public Information Release 1. Public Information (a) The Town will ensure that all information submitted for publication or other public releases of information regarding this project will carry the following disclaimer: "The views and conclusions contained in this document are those of the authors and should not be interpreted as representing the opinions or policies of the U.S. Government. Mention of trade names or commercial products does not constitute their endorsement by the U.S. Government." (b) The Town will obtain prior NPS approval from the regional public affairs office for • any public information release that refers to the Department of the Interior, any bureau or employee (by name or title), or this Agreement. The specific text, layout, AGREEMENT between NPS and Town of Marana 4 January 3, 2003 • photographs, etc., of the proposed release must be submitted to the key official, who will forward such materials to the public affairs office, along with the request for approval. 2._ Publications of Results of Studies No party will unilaterally publish a joint publication without consulting the other party. This restriction does not apply to popular publication of previously published technical matter. Publications pursuant to the Agreement may be produced independently or in collaboration with others; however, in all cases proper credit will be given to the efforts of those parties contributing to the publication In the event no agreement is reached concerning the manner of publication or interpretation of results, either party may publish data after due notice and submission of the proposed manuscripts to the other. In such instances, the party publishing the data will give due credit to the cooperation but assume full responsibility for any statements on which there is a difference of opinion. XI. SIGNATURES In witness whereof, the parties hereto have executed this Agreement as of the last date written below: • For the National Park Service Name Jonathan B. Jarvis Regional Director, Pacific West Region Date Name Meredith Kaplan Superintendent, Juan Bautista de Anza NHT Date For Town of Marana Name Title • AGUEMENT between NPS and Town of Marana 5 January 3, 2003 4 TOWN COUNCIL TOWN MEETING OF INF ORMATION MARANA DATE: Aril 1, 2003 AGENDA ITEM: IX. B. 4 TO: Mayor and Council FROM: James R. DeGrood, P.E., Development Services Administrator SUBJECT: Resolution No. 2003 -29 Acquisition of 104.9 Acres of State Department of Transportation Land DISCUSSION: Immediately adjacent to, and north of the Continental Ranch development lies a 104.9 acres of land that was acquired by the State of Arizona Department of Transportation for a borrow pit used during the construction of Interstate 10. This property has been unutilized since that time, except for the construction of wastewater facilities for the La Puerta Del Norte subdivision. This wastewater facility was flooded during the 1983 floods and has subsequently been eliminated as sewer improvements associated with Continental Ranch were developed. The land is within the Floodway and floodplain of the Santa Cruz River. And while this precludes the use of the property for residential and commercial development, the property does afford recreational and environmental opportunities to the Town. The property currently has a variety of vegetation which has "volunteered" on the site, and has the potential for significant habitat restoration. The site is also adjacent to the Town's El Rio Park site and the Santa Cruz River Trail. As such, potential passive recreation opportunities exist at this location as well. The US Fish and Wildlife Service was asked to determine if the property could be used for mitigation by the Town for future Town projects such as the Twin Peaks Interchange and other transportation projects. While the Service has stated that the use of the property for mitigation is limited to projects which relate environmentally to this site, it is our belief that this site can afford substantial benefit to the environment. The property has been declared to be excess land by the State Department of Transportation (at the Town's request) and has been offered to the Town for $126,000. This is based upon an appraisal performed for the State. An "Excess Land Purchase Agreement" has been forwarded to the Town for execution, should the town choose to go forward with the acquisition. RECOMMENDATION: Staff recommends the acquisition of the 104.9 Acre State Department of Transportation excess land site. SUGGESTED MOTION: I move to approve Resolution No. 2003 -29. PW /JRD /DMH/12/14/99 • MARANA RESOLUTION NO. 2003-29 A RESOLUTION TO THE MAYOR AND TOWN COUNCIL OF THE TOWN OF MARANA, ARIZONA, AUTHORIZING THE TOWN TO PURCHASE EXCESS PROPERTY FROM THE ARIZONA DEPARTMENT OF TRANSPORTATION FOR FUTURE ENVIRONMENTAL MITIGATION AND RECREATION PURPOSES. WHEREAS, t he T own i s r esponsible f or e nvironmental m itigation a ssociated w ith t he development of public facilities within the Town of Marana; and WHEREAS, the Town desires to obtain land resources which may be committed to environmental mitigation, restoration and recreation; and WHEREAS, the State of Arizona has declared that their land parcel L -2 -105 is no longer needed for the operations of the Arizona Department of Transportation; and . WHEREAS, it is in the best interest of the citizens of the Town of Marana to obtain land which may be used to enhance and restore the local environment, as well as to mitigate for necessary public improvements which might otherwise adversely effect habitat. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that the Mayor is authorized to execute an "Excess Land Purchase Agreement and Receipt for Deposit" with the Arizona Department of Transportation. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 1 day of April, 2003. Mayor Bobby Sutton, Jr. ATTEST: Jocelyn C. Bronson APPROVED AS TO FORM: Town Clerk Daniel J. Hochuli, Town Attorney and not personally Marana, Arizona Resolution No. 2003 -29 TOWN COUNCIL TOWN MEETING OF INFORMATION MARANA DATE: Aril 1, 2003 AGENDA ITEM: IX. B. 5 TO: Mayor and Council FROM: Michael C. Hein, Town Manager SUBJECT: State Legislative Issues — Discussion/Direction/Action regarding all pending bills before the Legislature DISCUSSION: This item is scheduled for each regular Council Meeting in order to provide an opportunity to discuss any legislative item that might arise during the current session of the State Legislature. Attached are the most recent communications from the League of Arizona Cities and Towns. RECOMMENDATION: Upon the request of Council, staff will be pleased to provide recommendations on specific legislative issues. SUGGESTED MOTION: None required. ADMIN/JCE/03/27/2003 t LEGISLATIVE BULLETIN ' Issue No. 9 March 13, 2003 Regulatory Takings 6illi Killed in IN TH IS ISSUE the House Regulatory Takings Bill Killed We are happy to report that HB 2411, Governmental Takings; Remedies was over - in the House ..............1 whelminglydefeated in the House of Representatives twice this week. As reported in last week's bulletin, the bill, sponsored by Representative Marian McClure, requires State Shared Revenue . cities, towns and counties to, compensate property owners for regulatory actions that Target of Senate Striker : 1: resultmpropertybeingdevaluedby25%ormore. County Islands; Shot Down, The bill was first defeated on Monday by vote of 21 to 36. Despite its staggering loss But Still Afloat!,; on Monday, Representative Joe Hart made a motion to reconsider the legislation. On its `second vote on Wednesday, the bill actuall ,lost su pport and was defeated n b Y PP � Y a vote of 18 to 39 .. Representative Meg Burton Cahill Stops a Speeding Strike- Local governments gained an unlikaly ally in Representative Karen Johns on who voted Everything Amendment • • • 2 no on HB 2411. Representative Johnson explained her "no" vote by stating that she did not believe that the bill _went far enough, and would give local governments the Anti- Terrorism Trespass Bill green light to initiate regulatory takings under the 25% threshold set in the bill. While Continues to Move ........ 2 we support her vote we certainly do not agree with her reasoning. Her position is indicative of the enormous challenge that local governments face with the level of SB 1273 '- Omnibus County Property rights advocacy in the current Legislature. Assessors Act Decisively Fails .. 3 Because House rules prevent a bill from being considered after it has been defeated Referendum Signatures twice, this bill is dead for the session barring the introduction of a successful striker. Comes Back from the Dead .. , 3 However, in order for a striker to be successful it would still have to pass a floor vote in the House where the language has now already been defeated twice. Thanks to all the cities and towns that called their representatives to urge them to defeat this legislation. Miscellaneous Bill Updates ... 3 your voices were heard, as evidenced by overwhelming opposition to the bill. State Shared Revenue Target of Lead e of Arizona Senate Striker C ltl es �NDTOWnS Senator Robert Blendu drafted a "Strike Everything" amendment to SB1168 changing the bill's subject to penalizing cities and towns for permitting development in the vicinity of military airports. Under the amendment language, cities and towns that Legislative Bulletin is published by the League of Arizona permitted such development would be subject to a loss of slate shared revenue. Cities and Towns. Forward your comments or suggestions to: League of Arizona cities and Towns Fortunately, the amendment was not added on to the bill and Senator Blendu has indi- 1820 W Washington street called that he will continue to pursue strengthening protections for military airports in Phoenix Arizona 85007 a manner not so h eavy-handed towards municipalities. While the amendment failed Phone: 602-258-5786 P Fax 602 -253 -3874 to advance, this is the second piece of legislation introduced this year that uses the E-mail: league@mg.state anus threat of state shared revenue loss as leverage against cities and towns on other issues. Internet: www.azleague.org CONTINUED ON PAGE 2 Issue No. 9 March 13, 2003 Page 2 + As you will recall, Senator Bob Burns offered a bill that would have system. Representative Pearce supported the amendment by sta ^ ) used state shared revenue from all cities and towns to help pay for ing that the EORP is an incentive for one to become a lifelong the Phoenix Civic Plaza expansion, a concept that Phoenix, the politician and that ending the program would have saved the state League, and every other municipality opposed. anoney. A fiscal analysis was never done since the strike- every- thing amendment was added to the bill last Friday and sped to a While neither proposal advanced, we hope that a trend of using final floor vote by Wednesday, a span of only three days. state shared revenue for leverage on other issues ceases with the death of the Blendu striker amendment. This is where we must thank Representative Burton Cahill for her stepping to the plate for local governments. As the amendment County Islands: Shot Down, was being debated on the floor, she challenged Representative But Still Afloat! Pearce on the issue by way of a few important facts, such as the proposed dramatic change to pay and benefit structures for cities and towns without any input from municipalities. She also men- _ After three committee hearings, a COW amendment and much tinned the impact on EORP as contributions are cut off while ben - in a House final vote this week by a vote of 26 ayes and 31 nays. discussion, HB2383: County Islands; Annexation was shot down eficiaries increase and continue to receive from the fund. Finally, she exposed the hypocrisy that those voting for HB2236 will keep During floor debate on the bill, votes switched back and forth -the benefit while taking it from the next round of elected officials. _ and hovered around having just enough for passage. However, in the end it appeared that passage would be a few votes short These points may have not have hit home right away since the bill and several supporters switched to a no vote for purposes of did pass floor debate. However, the next day in the House third reconsideration (a motion that can only be made by a person on read, it failed with 17 ayes and 40 nays. Thank you Representative the prevailing side). Burton Cahill for a job well done. Representative Phil Hanson, the bill's sponsor, has successfully passed a motion to have the bill reconsidered next Tuesday. Anti - Terrorism Trespass Bill., Because two solid supporters of the bill, Representatives Bill Continues to Move Arnold and John Nelson, were absent from the House during the vote, there is a strong chance for passage on reconsideration with SB 1059, Trespass; Critical Public Service Facilities, continues to at least two more ayes that we did not have the first time. Please move through the Legislature towards final passage. The bill has drop your members a line asking for their support of HB 2383. passed the Senate and cleared its first hurdle in the House with a Please also extend your appreciation to Representative Hanson for unanimous vote in the House Judiciary Committee. The bill tough- his hard work and perseverance on the issue. He has been joined ens the penalties for trespassing on critical public infrastructure by Representative Clancy Jayne in a strong effort to garner enough such as water treatment plants. votes for successful passage. Senator Jay Tibshraeny once again visited the House on our behalf to Representative Meg Burton testify on the bill which he also sponsored at the request of cities and towns. Senator Tibshraeny has developed a habit of working on pro- Cahill Stops a Speeding municipal bills in both the Senate and the House. It's a great habit Stri ke - Everything and we are very appreciative of his efforts. Amendment Also visiting the Capitol to testify in support of the bill was Phoenix Police Chief Harold Hunt. We thank Chief Hurtt for taking the time A strike - everything amendment to HB 2236, an idea by out of his busy schedule to help move this bill through the process as Representative Russell Pearce, would have effectively ended the his remarks coupled with the testimony from Senator Tibshraeny Elected Officials Retirement Plan (EORP) for anyone elected after greatly contributed to the 10 -0 unanimous committee vote. The bill the effective date of the bill. Current elected officials, like goes to the House Utilities and Municipalities Committee next which Representative Pearce, would have been allowed to continue in the will be the last committee that will need to consider the bill. Legislative Bulletin is published by The League of Arizona Cities and Towns, 1820 W. Washington Street, Phoenix, AZ 85007. Phone: (602) 258 -5786. Fax (602) 253 -3874. Email: league@mg.state.az.us. Visit us on the Internet at www azleague.org. Issue No. 9 March 13, 2003 Page 3 SB 1273 - Omnibus County leading the reconsideration vote on Tuesday. HB 2436 will now move to the Senate for a committee hearing. Please call your Senators to Assessors Act Decisively Fails let them know how important this issue is to your city or town. A bad bill was defeated Tuesday in the House Ways and Means Committee. Senate Bill 1273, County Treasurers; Procedures would Miscellaneous Bill Updates have allowed counties to assess fines and place liens on federal, state, and municipal owned property for failure to report ownership. The Several bills of interest that have been mentioned in previous bul- penalties provided by this legislation were an excessive and unrea- letins have continued their movement through the Legislative sonable response. process. This bill was defeated 1 -11 when the members of the House Ways Senate Bill 1063- Wildfires; Fire Bans; Criminal Penalties has and Means Committee realized the tremendous impact that SB 1273 passed out of the Senate on a unanimous vote and is ready to be could actually have. The bill was defeated in large part due to the heard in the House. SB 1063 is supported by the League and will grilling that bill supporters received from Committee Chairman increase penalties for causing wildfires. The companion bill, HB Steve Huffman during the hearing. To think that a county could 2507, is also making significant progress. place alien on public property owned by other levels of government such as Grand Canyon National Park, the State Capitol, an Arizona Senate Bill 1209- Population Estimates; Cities; Towns; Counties, National Guard Facility or a City Hall and potentially put the proper- supported by the League, will provide alternatives to a mid - ty up for public auction is an absurd concept that committee mem- decade U.S. Special Census to obtain population estimates for the bers fortunately recognized. distribution of state shared tax revenues. The mid - decade cen Our thanks to the members of the House Ways and Means sus is nearly cost prohibitive. SB 1209 is ready for the House Committee for defeating this absurd legislation. after unanimously passing the Senate. Senate Bill 1331- Truth in Taxation passed the Senate with an 18- Referendum Signature's g 11 vote. SB 1331 will hurt cities and towns by prohibiting their Comes Back From the Dead governing board to levy or assess primary property taxes higher than the prior year if the governing board fails to comply with Former Goodyear Mayor and League Executive Committee member truth in taxation noticing and hearing requirements. Please call Representative Bill Arnold earned a big legislative victory on Tuesday _ your Representatives to urge them to defeat this legislation. when HB 2436, Municipal Ballot Measures; Required Signatures, passed the House on a reconsideration vote. The day before on House Bill 2185- Municipal Common Councils; Vacancies will Monday, the bill had failed to gather the 31 votes necessary to pass allow a city council to choose-to fill vacancies, by either appoint the House on a vote of 30 to 27. ment for the unexpired term, or by appointment until the next A number of the "no" votes on Monday resulted from confusion over the regularly scheduled election. This League resolution passed the addition of a floor amendment that limits the bill's provisions to cities House with a unanimous vote. and towns under 100,000 and grants a 15-day extension to gather refer- endum signatures if the alternative signature requirement is used. For House Bill 2444- Redevelopment Area; Financing; Definition is those cities and towns who are eligible and opt to use the new alterna- ready for the Senate after passing the House unanimously. HB tive,10% of registered voters will be the number needed to place a refer- 2444 is a League resolution sponsored by Tucson that expands endum on a municipal ballot rather than 10% of those who voted in the the definition of "designated area" for redevelopment areas mak last election. Many legislators who would only support the bill with the bg these state authorized designations consistent with federal amendment, for some reason, failed to remember that the amendment enterprise zones. had been added on. Once Representative Arnold reminded legislators of this fact, the bill gained the votes required to pass the House. House Bill 2507- Wildfires; Fire Bans; Criminal Penalties, the House companion bill to SB 1063, passed out of the House by a A big thank you is due to Representative Arnold for his work on this vote of 57 -1, with the lone "no" vote coming from Representative legislation. The League is also grateful to Representative Barnes for Ben Miranda. Legislative Bulletin is published by The League of Arizona Cities and Towns, 1820 W. Washington Street, Phoenix, AZ 85007. Phone: (602) 258 -5786. Fax (602) 253 -3874. Email: league @mg.state.az.us. Visit us on the Internet at www azleague.org. - � E LEGISLATIVE BULLETIN Issue No. 10 March 20 2003 _ Special Session for 2003 Budget Fix IN TH IS ISSUE The first Special Session of the 46th Legislature convened and adjourned sine die in a one -day session on Monday. Three bills were passed 'to fix the $300 million shortfall in the Fiscal Year 2003 budget. State shared revenue remained _ untouched in each of the three bills. The details of the legislation were worked Special Session for 2003 out and agreed to by the leadership of both the House and Senate along with the P Governor before the Special Session began. Budget Fix :.....:...:`: 1 Some of the monies used to fix the 2003 budget shortfall were taken from funds _ Council Vacancy Bill Nearing the League would normally have opposed. However, due to our safe standing Final, Step in Legislative = thus far on state shared revenues, we have remained unopposed on these issues. Process ............. - Transfers of municipal interest include $4.5 million from the State Aviation Fund, over $6 million from the Game and Fish Commission Heritage Fund, a $10 mil - The Challenge of Retiree lion transfer from HURF to DPS, and a $7 million transfer from the 911 Health Insurance ... .... 2 ` Telecommunications fund. ..:1: Cities Present Strategies for Now that the FY03 budget is complete and out of the way, work will begin on the Water Conservation to 2004 budget shortfall expected to be about $1 billion. It is a whole new fiscal House Committee ...... .2 year worth of problems. Therefore, state shared revenues maybe back on the table in some legislators' minds. Please keep your legislators up to date on the House Fails County Island fiscal situations your cities and towns are facing. Bill o . .......... • .... • .2 The League has mailed to each city and town a survey to help us gather informa- tion on the fiscal challenges being faced by cities and towns. When we have col- One Down, One to Go for lected the info, we will use it in our lobbying efforts against cuts in state shared Contractor Liability! ......... 2 revenues as well as share the information with all of you. Council Vacancy Bill Nearing Final Step in Legislative Process Leah e of Ari This week the Senate Government Committee unanimously passed HB 2185: Municipal Common Councils; Vacancies. This League resolution has yet to C 1tieS AND Towns receive any votes of opposition after flying through two committee hearings and the House floor vote. The bill is a League resolution introduced by Sierra Vista Irgi Tative Bukin is published by the l eague of Arizona and is sponsored by Representative Marian McClure. Cities and Towns. Forward your comments or suggestions to: HB 2185 will allow greater flexibility when filling vacancies on a city or town League of Arizona Cities and Towns council by providing municipalities with the option of filling the vacancy until . Ph Washington Street Ph 85007 an y vacancy the next reg council election. Current law requires that be filled oeni Phone: 602 -258 -5796 by council appointment for the duration of the unexpired term, which can last Fax 602 - 253 -3874 through an election cycle. E -mail: lcague�cng stat�azus latanet wwe:azlrague.org HB 2185 moves on next to Senate floor debate and a final vote. If the bill remains unamended, it will go straight to the Governor after passing the Senate. l we No.10 March 20, 2003 Page 2 =0 : The Challenge of Retiree. Use it Wisely" campaign as an effective program in Phoenix and surrounding cities to conserve water. Tucson Water's Public Health Insurance Information Officer, Mitch Basefsky, spoke regarding the City of In its original form, HB2349 was a bill to extend the rural retiree Tucson's strong water conservation ethic and their successful ^geat the Peak" public information program. health care subsidy that is set to expire at the end of June 2003. An amendment adopted in Committee of the Whole changed the focus_ Thanks to the Cities of Flagstaff, Tucson and Phoenix for educat- of how to solve the problem addressed by the initial rural retiree ing legislators on this important topic. health care subsidy. The amended bill would require all employers - totakeretireesbackintotheiractiveinsurancepoolandoffer House Fails Count Island Bill them rates comparable to the rates offered to active employees. Although this is a complex issue, the effects of this solution are not Despite a push from cities and towns asking their legislators to difficult to see. Active insurance rates would go up by a significant approve HB 2383, County Islands; Annexation, this legislation was _ amount and retiree rates would be cheaper. Preliminary numbers killed in the House on Tuesday. The bill had been voted down by from a few cities and towns put the increase in the 20 to 40 per- the House last week, however, as reported in the Bulletin, the bill's tent range. This would be on top of the premium increases most sponsor, Representative Phil Hanson, had successfully motioned to jurisdictions are already experiencing. have the bill reconsidered this week. A group of stakeholders met this week on Wednesday afternoon to HB 2383 gained several yes votes, going from 26 ayes and 31 nays talk about other solutions and the legislators in attendance decid- last week, to an evenly divided 30 ayes and 30 nays on Tuesday. ed to try and find another approach. Some ideas were discussed, but asolid proposal will be brought back to another stakeholder While the bill did not pass, methods to revive the legislation dur- ing the current session are being explored. Additionally, meeting next week. We will continue to keep you updated, and we encourage you to contact your legislators and ask them to find a Representative Steve Huffman has indicated that he is interested in solution that doesti t solve the rural retirees insurance problems pursuing an annexation working group to study county islands .tea • on the backs of the active workers. and other annexation issues. Thank you to Representative Phil Hanson for his work on this legislation. More on this topic as soon as the approach becomes clear. One Down, One to Go for Cities Present Strategies for Contractor Liability! Water Conservation to Senate Bill 2313: Contractor Liability would allow a fair and equi- House ouse Co111m ittee table method for distribution of liability in cases of neglect to all responsible parties involved in lawsuit against a city or town. The House Natural Resources, Agriculture, Water and Native - - - American Affairs Committee heard presentations from the Cities of A recent court case, Wiggs v City of Phoenix, held that a munici- Flagstaf& Phoenix and Tucson on municipal water conservation pality was to be exclusively liable to a person that was injured on a strategies on Wednesday. The Committee's chairman, roadway due to a faulty light that was maintained through a con- Representative Tom O'Halleran, invited these cities to speak about tract with an independent contractor. This opinion could open up water conservation as part of his ongoing efforts to teach new legis- lawsuits across Arizona concerning contracted services with the lators on the committee about water and related issues in Arizona. state, counties or even the private sector. Adam Miler, representing the City of Flagstaff's Utilities This bill has passed the House and is now in the Senate for consid- Department spoke about the City's efforts in creating a volunteer eration. On Tuesday it passed Government, its first Senate com- conservation committee to direct the City's water conservation mittee, unanimously. However, the bill was supposed to be heard planning. Jane Ploeser, a Water Resources Specialist from the City in Senate Judiciary on Wednesday but was held. We expect the bill of Phoenix Water Conservation Office, addressed the Committee will be heard next week in judiciary, but calls or emails to any of on Phoenix's water saving strategies. She mentioned the "Water - youi Senators on this committee would be great. • Bulletin is p ublished b The League f Arizona Cities and Towns, 18 0 W Legislative p y g o o ns, 2 Washington Street, Phoenix, AZ 85007. Phone: (602) 258 -5786. Fax (602) 253 -3874. Email: league@mg.state.az us. Visit us on the Internet at www azleague org.