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Home My WebLink AboutCouncil Agenda Packet 04/05/2003 TOWN OF MARANA, ARIZONA COUNCIL MEETING AGENDA 13251 N. Lon Adams Road April 15, 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 April 11, 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 15, 2003 _ 7 :00 p.m. I. CALL TO ORDER H. PLEDGE OF ALLEGIANCE M. INVOCATION/MOMENT OF SILENCE IV. ROLL CALL V. APPROVAL OF AGENDA VI. ACCEPTANCE OF MINUTES Minutes of the April 1, 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 -30 Releasing the Assurance Agreement for Countryside Ridge, Trust No. 30,189, for Lots 1 thru 193 and Common Areas A -C and Acceptance of Public Improvements for Maintenance (Farhad Moghimi) 2. Resolution No. 2003 -31 Releasing the Assurance Agreement for Cancion de la Luna, Trust No. 7924 -T, for Lots 1 thru 88 and Common Areas A -C and Acceptance of Public Improvements for Maintenance (Farhad Moghimi) 2 TOWN OF MARANA, ARIZONA COUNCIL MEETING AGENDA 13251 N. Lon Adams Road April 15, 2003 700 p.m. 3. Resolution No,, 2003 -34 Approval of Intergovernmental Agreement Amendment between the Town of Marana and Pima County for Construction Works! (Michael A. Reuwsaat) 4. Resolution No. 2003 -37 Amendment to the 2001 Community Development Block Grant Program Contract for Management and Implementation of Remaining Project Funds (Dan Groseclose) 5. Increase in Staffing: Request for one additional recreation coordinator position to support the Parks and Recreation Special Events and Senior Program (Jane Howell) 6. Proclamation: Pediatric Cancer Awareness Month -Tee up for Tots (Jocelyn Bronson) B. COUNCIL ACTION L PUBLIC HEARING: Ordinance No. 2003.05 and Resolution No. 2003 -35 — Protection of Cultural Resources: A request for approval of proposed amendments to the Land Development Code of the Town of Marana, amending Title 2 _ Administration by establishing a Cultural Resources Preservation Board, and creating Title 20 — Protection of Cultural Resources, and declaring Title 2 and Title 20 to be a public record (Joel Shapiro) 2. Resolution No. 2003 -333: Intergovernmental Agreement Regarding Permitting and Operating Managed In- Channel Recharge of Effluent in the Santa Cruz River Channel (Brad DeSpain) 3. State Legislative Issues — Discussion/Direction/Action regarding all pending bills before the Legislature (Mike Hein) C. MAYOR AND COUNCIL'S REPORT D. MANAGERS' REPORT X. UPCOMING EVENTS XI. FUTURE AGENDA ITEMS XH.. ADJOURNMENT Bobby Sutton, Jr., Mayor 3 a t �� MEJUTES OF REGULAR COUNCIL�M.EETING ? ;,�;� PLACE AND DATE Marana Town Hall, April 1, 2003 I. CALL TO ORDER By Mayor Sutton at 7:01 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 Excused Ed Honea Council Member Present Carol McGorray Council Member Present STAFF Michael Hein Town Manager Excused Michael Reuwsaat Assistant Town Manager Present Dan Hochuh Town Attorney Present Jim DeGrood Development Services Admin. Present Jocelyn Bronson Town Clerk Present Richard Vidaurri Chief of Police Present Attached is a list of public attendees. V. APPROVAL OF AGENDA Upon motion by Vice Mayor Kai, seconded by Council Member McGorray, the agenda was unanimously approved. • 1 '� � � �y` MIN'C.TTES OF REGYTLAR COUNCI '�lY1EETING z �' :� � y � �� yy APRIL � 2003 �F >a ��, �'� a�,. �1r� t'e L �•.x H� ',� x, • VI. ACCEPTANCE OF MINUTES Upon motion by Council Member Comerford, seconded by Council Member Honea, the March 18, 2003 minutes were unanimously approved. VII. CALL TO THE PUBLIC/ANNOUNCEMENTS Police Chief Richard Vidaurri spoke before the Council regarding accomplishments, promotions, and a newly hired employee within the Marana Police department. Chief Vidaurri applauded the following promotions: Paul Ashcraft from sergeant to lieutenant and Roberto Jimenez from officer to sergeant. The Chief introduced Officer Robert Arnold as the newest employee in the department and acknowledged the recent graduation of three individuals from the Central Arizona Regional Law Officers Training Academy. These recent graduates included Officers James Beasley, Adam Lawson, and Daniel Miller. Mayor Sutton introduced Lori Lustig to the Council. Ms. Lustig is the government liaison for the Southern Arizona Homebuilders Association (SAHBA). David Graham, representing Marana Golf, spoke before the Council regarding recent meetings held with the Happy Acres neighborhood representatives and Town staff. He reported that the meeting had been productive and that another meeting would be scheduled in approximately one month and would address the issue of odors reportedly emanating from the sand and gravel operation. VIII. STAFF REPORTS There were no questions regarding the staff reports. IX. GENERAL ORDER OF BUSINESS A. 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 �t 'r�� r� �� MINUTES�OF REGULAR COUNCIT:. MEETING '%�� , .✓ r� /i � �.�` a � � d.�yt,F a* ,s :^� � u' � � _ r � /r 2. Resolution No. 2003 -26 Authorizing the renewal of an Intergovernmental Agreement with Pima County for payment of incarceration of municipal prisoners (Jocelyn Bronson) Upon motion by Council Member Honea, seconded by Council Member Blake, the consent agenda was unanimously approved. 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) Mayor Sutton opened and closed the public hearing associated with this item. There were no speakers from the public. Michael Reuwsaat spoke before the Council regarding this item. He reported that this action was a culmination of several years of efforts by the Town staff in working with neighborhood representatives. He recommended approval of the rezone. Upon motion by Council Member Blake, seconded by Vice Mayor Kai, Ordinance No. 2003.06 was unanimously approved. 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) Mr. Reuwsaat addressed the Council regarding Resolution No. 2003 -24. He said that the Town staff had been working closely with the Pima County staff in order to establish both the route and the standards for the • Trail. He recommended approval of the resolution. 3 4�� / ✓ � t � € �/ it a f h a , to y. �, r� , � ¢ � � � 3��/ c ...., /� .2..xs.....�'�� '� ,�.,,..s „�,% i��fr ,�..��',.ssw��,,.„.,,, �t�VU� �., � w�.. ��.. � �i„ z�... .,.... .....��..�_«,��,✓�s,u,�w,.,. ,,. Upon motion by Council Member Blake, seconded by Council Member McGorray, Resolution No. 2003 -24 was unanimously approved. 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 (Anna 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 jurisdictions. The CMP provides policy for the enhancement of public access to and awareness of the Juan Bautista de Anza Historic Trail. (Joel Shapiro) Mr. Reuwsaat spoke before the Council regarding this item. He said that the IGA would allow the Town to receive monies for trail marking and development. He recommended approval of the action item. Upon motion by Vice Mayor Kai, seconded by Council Member Blake, Resolution No. 2003 -23 was unanimously approved. 4. Resolution No. 2003 -29 Acquisition of 104.9 Acres of State Department of Transportation Land (Jim DeGrood) Mr. DeGrood spoke to the Council regarding the proposed land acquisition and explained that, while constructing Interstate 10 some years ago, the Arizona Department of Transportation had acquired a 104.9 acre parcel of land adjacent to the Towns El Rio Park site and the Santa Cruz River Trail. He reported that an opportunity to purchase the land had been presented to the Town and that the site had the potential for significant habitat restoration as well as passive recreation opportunities. He informed the Council that, based upon an appraisal performed for the State, the asking price for the parcel was $126, 000. He recommended approval of the resolution. Upon motion by Council Member McGorray, seconded by Council Member Blake, Resolution No. 2003 -29 was unanimously approved. 5. State Legislative Issues - Discussion/Direction/Action regarding all pending bills before the Legislature (Mike Hein) • There was no discussion regarding this item. 4 �,,.... ...vru �a..::...�. �'.,..�'..�._�... >,,� ��.�,..:.Zw,:s.�� .��,�,sw �✓ s��.r.,:�N.�,.- :s�� /u,��:.P: ��..:< �aG,�;lc.�bz.�.=.., w.. C. MAYOR AND COUNCIL'S REPORT Council Member Comerford reminded the audience and Council that the progressive dedication ceremony for three new Town parks would be held on Saturday, April 5, 2003. She said that the main dedication festivities would be at 11:00 a.m. at the Continental Ranch Park, and the other two ceremonies were being held at Continental Reserve Park and Wade McLean Park. She invited everyone to attend. Council Member McGorray reported that an oversight was made at the preceding Council meeting, March 18th, by not including the Marana Arts Council (MAC) when listing those who helped with the 2003 Founders' Day preparations. She thanked MAC for their contribution and especially pointed out the showing of a select grouping of the Ponies del Pueblo artworks and other equine art in the Marana Community Center as well as the many visual effects and outstanding decorations designed for the Mayor's VIP brunch. Mayor Sutton reported that he had attended an air show at Davis Monthan Air Force Base and that the Town's mobile stage had been used at this weekend event. He commented that Congressman Kolbe was very impressed by the portable stage and had enthusiastically thanked the Town for its use. The Mayor continued his report by reminding everyone that Saturday, April 5f, was the opening of Little League baseball registration. D. MANAGERS' REPORT Mr. Reuwsaat joined Council Member McGorray in thanking the Marana Arts Council and all of the other groups for their participation in the Founders' Day preparations. He also thanked the Marana community for its participation in the preparations for the dedication ceremonies of the Continental Reserve Park. X. UPCOMING EVENTS Jocelyn Bronson, Town Clerk, announced that the first C.R.E.W. program would begin on Thursday, April 3, and that the participants were planning to be in attendance at the April 15th Council meeting as observers. Ms. Bronson continued by informing the Council and public that she would be participating in the Muscular Dystrophy Association fund drive and would be held "in jail" while soliciting "bail" funding. She urged everyone to contribute. 5 ,1�% f � �� INI'7 ES OIREGI�I�AR COUNCIL MEETI'N'G � �� 3 � �' j 1 v emu,,,,.. .�..�;.,...r, ;� ,`� � u�, ,�,, ., �°�, d ,e,,,/ caa � 4� y .<,.,..,.,,..�,..� � �`�` �,,..`.�.�:� a„�,a� /.sv..� � e s..,.,... �...,5,.,,✓,wH. �,,..,,,�,a XI. FUTURE AGENDA ITEMS There were no topics suggested for future agenda items at this time. XII. ADJOURNMENT Upon motion by Council Member Blake, seconded by Council Member Honea, approval to adjourn was unanimous. The time was 7:20 p.m. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on April 1, 2003. I further certify that a quorum was present. Jocelyn Bronson, Town Clerk 6 �pW N OF 1 7 9 7 gRiZON�' STAFF REPORTS TO COUNCIL 0 Building Parks & Rec Town Clerk Planning Court Police Finance N/ PW /Engineering Human Resources - v/ Water • � olice Depart1fle MARANA �1 4Jaj.Y d + ttq Newsletter e Chief Richard Vidaurri WELCOME to the COMM CWEI� Executive Assistant Marana Police Rtuo tutryont from Ifit Judy Capen Departmen 3liarana �onunualcnYioa �interll _ _ 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 g"111 lot an had it graad tin 1 111 This year on March 15 the annual Founder's day events Lieutenant: were held! This is the first year that the dispatch Operations 4 Commo decided to participate with a 911 float. Dispatch Pau /Ashcroft recruited DARE officer Gem 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 Munieta and Rey Ibarra Dan Bohr /and 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. ' Ali ROB ARNOLD Rob's empolyment history QUOTE OF THE DAY includes fourteen years as a pamousm Is my to unik- j In It bom" m`�r firefighter and.ten years as a yowulf by looking out for your cowoyl 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 FEB 03 FEB 02 Fiscal Year to Date TOTAL CALLS FOR SERVICE 3979 2,873 = 22,63 • Department Case Reports 383 385 3,658 MOTOR VEHICLE TRAFFIC • Traffic Stops 741 912 7,745 • Citations 209 579 3,340 • Parking Violations 0 0 7 • Driving under the Influence 6 13 71 • Traffic Accidents 58 91.1 539 FELONY ARRESTS • Adult 6 20 72 • Juvenile 2 18 20 MISDEMEANOR ARRESTS • Adult 10 83 122 • Juvenile 17 14 172 CRIMES AGAINST PERSONS • Deaths 0 11 • Homicide 0 0 • Natural 0 0 • Accidental 0 0 • Suicide 0 0 • Unknown 1 2 • Robbeiy 0 0 5 • Sex Offenses 2 1 17 • Offenses Against Family 1 3 10 • Assaults 12 1 19 135 • Disorderly 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 Damage 20 11 268 • Stolen Property Reported $ $119,743 173,710 $1,517,298 • Property Recovered $ - $50,884 47,058 $652,620 MISCELLANEOUS sr4 f4 s f ,tz . • Weapon-, Violations 1 0 9 • Narcotic / Drug Violations 12 12 69 • Liquor Violations 2 1 19 • Arrest for Other Jurisdiction 17 16 172 • 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 Nacation/Business /Checks 1522 1,067 83 • Assist other agency 15 41 119 • Miscellaneous 13 15 49 *This report does not reflect code 9 (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 46981 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 11 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 I I • 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 • Property Recovered $) _ $74,617 47,058 $601,736 MISCELLANEOUS • Weapons Violations 0 0 8 • Narcotic / Drug Violations 9 12 67 • Liquor Violations 0 1 17 • Arrest for Other Jurisdiction 19 16 155 • Juvenile Violations 5 5 39 • Abandoned Vehicles 3 43 23 • Public Hazard 2 23 5 • Lost/Found 8 15 72 • Public Assist 1 175 21 • Civil Matter 3 22 33 • Suspicious Activity 16 161 67 • Security/Vacation/Business/Checks 2622 1,067 7251 • Assist other agency 9 41 104 ' • Miscellaneous 8 15 36 *This report does not reflect code 9's (Security /Vacation ness /C cks) Chief of Police MONTHLY POLICE DEPARTMENT OPERATIONS REPORT TO: Town Manager, Mayor and Council DATE: March 31, 2003 PERIOD: December 2002 Dec `02 Dec `01 Fi Year to Date TOTAL CALLS FOR SERVICE 4401 2768 15,778* • Department Case Reports 508 393 2876 MOTOR VEHICLE TRAFFIC • Traffic Stops 858 675 6140 • Citations 397 387 2883 • Parking Violations 1 0 7 • Driving under the Influence 8 4 • 63 • Traffic Accidents 59 71 411 FELONY ARRESTS • Adult 10 33 57 • Juvenile 1 29 8 MISDEMEANOR ARRESTS • Adult 12 43 101 • Juvenile 16 7 126 CRIMES AGAINST PERSONS • Deaths 5 0 10 • Robbery 0 0 5 • Sex Offenses 3 1 11 • Offenses Against Family 1 5 8 • Assaults 25 19 102 • Disorderly Conduct 4 6 32 CRIMES AGAINST PROPERTY • Commercial Burglaries 9 2 46 • Residential Burglaries 8 4 47 • Thefts 106 68 476 • Motor Vehicle Thefts 12 15 71 • Criminal Damage 28 33 221 • Stolen Property Reported ($) $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 • Security/Vacation/Business/Checks 4349 1004 4629 • Assist other agency 15 44 95 • Miscellaneous 7 19 28 • False Alarms 2 127 643 . *This report does not reflect code 9's ( Security /Vacation /Business /Checks) Chief of Police .tiG"4na, UPCOMING EVENTS: r . March 15, 2003 - Founders' Day at Ora Mae Harn �■►'` Park Explorers will be marching as a _ 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 nd , 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 1' 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` 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 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 ftr oke rose and fallen soldiers at the battlefield suffered April 4, 2003 - Coyote Trail Elementary School asualties. 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. r jp L N CF) N ccW LU G mot' cn 00 LO 0 C W N N } Q w j 0 LLO 0 p LL' a w a = a- O Q cu: N Z L i I i j -- �- N co Z I 70' m =:N O z Co LO N N N z w d H m - ~ O 'V z Q > F- o 00 cn ✓� r N N z i Q 111 a H 'Ca CO co O r- CD N N z cn a, z > co co �: O co U W e u M p t` :D co w N ' cy) L O 0 _ m U N p p M ( p N = j M } cu . a U — ❑ Q I w W Q ❑ C L' 00 ❑ 0 0 � 1 Z ❑ 1 00 LL ❑ EE } ZQW >- — ❑� Z w = - „�„ } wM ,� d Wa0- o i a ' wa- 00 L p N I p w a W N N I �. O 1 =i 0 2 I j 0 �I I a tU, W N N ay Q UJ Cfl c i N N M� N a W U) . -, w - =�:` V �- w ..., Q W Z O CL p (D cz Q e. r cp .: Q 00 k N a '® —C { o m L i�ll PUBLIC WORKS - MARANA STAFF REPORT Rep zoo t Capital Improvement Projects (Staff Report for the month of March) The following are capital improvement projects in design. Capital Improvement 1 -4 Silverbell Road Improvements Ina Road Improvements ; Projects in Design Cortaro Road to Ina Road 1 -10 to Silverbell Road This project consists of reconstructing the This project consists of roadway improve- Capital Improvement 5 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 g Status: Environmental, Biological, DCR Projects Committee Geotechnical Report, Pavement Design Summary, and Archaeological reports are Estimated construction time: Spring 2005 ro 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 Worts 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: • Satisfaction • Respectful �7 s5 s. • y ' figytl f ' • Communication • Reliable • Productive Quality ;- • Ethical 77- 7L Iiir • Consistency Sllverbell Road – Cortaro to Ina AMR • Service Safety Ina Road -1 -10 to Silverbelf • Integrity • Commitment 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 I; final repaving of portions of Tangerine Road. design for TI and connection to the east, Phase 11. 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- Tangerine 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 intersection improvements. the bank protection with 90% plans due March 31, 2003. An 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 4SCapital 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 sifting area, and a half court basketball court. Northwest Marana Town Center, Master Plan Project Thomydale Road /Orange Grove Road /Costco Drive This project will provide Master Plan Services for fur - Intemection Imorovements 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 w #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. 0 Santa Cruz River Shared Use Path Phase I and II 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. ject 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 Marina east to approximately Hartman Lane. . Status: 90% plans from Tetra Tech due March 31, 2003. Construction is anticipated to begin in spring 2003. Page 3 PUBLIC WORKS April 2003 Capital Improvements in Design (continued) fl own of Marana Municipal Complex (Marana "MuniPlex ") Northwest Marana Town Center, Roads. Infrastructure and Otfsite 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 tai 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 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- r eas for small commercial, and safe pedestrian cycling. Page 4 PUBLIC WORKS April 2003 Capital Improvement Projects In Construction The following are capital improvement projects in construction. Cortaro Road Realionment Continental Ranch Park, Parcels 13 & 14 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 facii- 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.E -4116 I 3 Santa Cruz River Corridor Trail t' 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 Salvaae and Improvements/Mitlaation Estimated construction time. Fall 2002 This project consists of the removal, salvaging, and replanting of the vegetation in preparation of parts 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 Liahtina Continental Ranch Park. Parcels 5 & 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. 4 Cortaro Road Improvements �e Page 6 PUBLIC WORKS April 2003 Traffic Division Report Warning Beacons at the Avra Valley Road– Sandarlo 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— Sandano 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— Thornvdale 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/Thomydale any Town roadway or intersection. The software will 0 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 Signs 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 30 days. 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 0 Town's web site. Page 7 PUBLIC WORKS April 2003 Environmental Planning Projects W 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 veers. 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 ft 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 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 p d Status: The Town of Marana submitted their Storm- water Management Program to ADEQ March 10, r 2003. The plan included a list of Best Management'' ° Practices (BMPs) as well as proposed completion e d Page 8 PUBLIC WORKS J 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 I Town. 1 In April, committee members will conduct a site visit 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 4�. • Page 9 PUBLIC WORKS T S TOWN OF MARANA MUNICIPAL WATER SYSTEM DEPARTMENT REPORT For: March 2003 a f EVERY DROP IS PRECIOUS WAKE UP TO WATER CONSERVATION s April 4, 2003 M ARANA /!� TOWN OF MARANA TEAM WORK — Is all staff working together in outstanding ways, with extraordinary cooperative effort to accomplish ordinary tasks TO: Mayor Bobby Sutton, Jr. Town Council Mike Hein, Town Manager Mike Reuwsaat, Assistant Town Manager FROM: Water Department Staff • SUBJECT: March 2003 Department Report Update DATE: April 4, 2003 CUSTOMER INFORMATION 1552 Number of Customers Billed in March 11 Number of Disconnects in March 34 Number of New Connects in March 61 Number of New Services with Meter Installation 14,512,455 Total Gallons sold in March 20.22 Acre feet pumped (non -trust wells) Picture Rocks, Happy Acres, Palo Verde, Airport, Sky Diving Center, Continental Reserve and Hartman Vistas 27.50 Acre -feet wholesale water purchased (trust wells) Marana, La Puerta, Oshrin, Falstaff, Honea, and Cortaro Ranch (325,851 gallons = acre foot) s w DAILY OPERATIONS 1. Moved telemetry master to M.O.C. 2. Repaired water leak at main on Cerius Stravenue and Calle Cayeus. Public Works did pavement repair. 3. Repaired seven leaks due to construction contractor on Grier Road. Three days pot holing water lines on Grier Road for sewer project. 4. Repaired separate service line on Grier. 5. Installed 105 -foot, 1 -inch service on Price Lane for Jay Reyher. 6. Repaired service plugged with roots on El Uno Minor at LaPuerta. 7. Re -piped Sandario Well directly into fill line. Removed all unnecessary electrical and reprogrammed telemetry. 8. Pot holed El Paso Natural Gas for Public Works (Civic Center) — two days total. 9. Repaired leaking service near Ora Mae Harn's home. 10. Repaired leaking service on Morgan (Honea Heights). 11. Continued working on GPS with Chris Mack. 12. Mitch tested three backflows. 13. Tested new locator. WATER SERVICE AGREEMENTS BEING NEGOTIATED 1. Six -inch main loop Camino Verde and Tres Casas design completed; construction costs being determined. 2. A.F.C. — Eckerd's Drugstore southwest corner of Cortaro and Silverbell Rd. OTHER 1. Purchase of Type II Non - Irrigation Rights for parks and other needs. 2. Managed Recharge Application filed May 1, 2002. Intergovernmental agreement final draft is completed. Will go to Council in March for approval. 3. Gladden Farms Wefl contract is being awarded by the Developer. Drilling will start in April 4. Annual 2002 Groundwater Withdrawal Reports were completed in a timely manner and filed with AZDWR. 5. The Water Department Staff is enjoying their new facilities and location. 2 TOWN COUNCIL TOWN ' MEETING OF INFORMATION MARANA DATE: Aril 15, 2003 AGENDA ITEM: IX. A. 1 TO: Mayor and Council FROM: Farhad Moghimi, P.E. , Public Works Director/Town Engineer SUBJECT: Resolution No. 2003 -30 — Releasing the Assurance Agreement for Countryside Ridge, Trust No. 30,189, for Lots 1 thru 193 and Common Areas A -C and Acceptance of Public Improvements for Maintenance. DISCUSSION: Approval of Resolution 2003 -30 will release the Assurance Agreement between U.S. Home Corporation, a Delaware Corporation, under Trust No. 30,189 and Fidelity National Title Agency of AZ, Inc. and the Town of Marana, regarding Countryside Ridge as depicted on Exhibit A. The subdivision is recorded in Book 55 of Maps and Plats, Page 68, Pima County Recorders Office, Arizona. In releasing said Assurance Agreement, the Town of Marana will accept for maintenance, including regulatory traffic control signs and street signs, approximately 0.6 miles of the following paved streets. • Canyon Towhee Street • Marsh Wren Place • Scarlet Tanager Lane • Winter Wren Avenue RECOMMENDATION: Staff recommends that the Town Council release the Assurance Agreement between U.S. Home Corporation under Trust No. 30,189 and Fidelity National Title Agency of AZ and the Town of Marana. SUGGESTED MOTION: I move to adopt Resolution No. 2003 -30. 04/09/03 MARANA RESOLUTION NO. 2003-30 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AUTHORIZING THE RELEASE OF THE ASSURANCE AGREEMENT BETWEEN U.S. HOME CORPORATION, FIDELITY NATIONAL TITLE AGENCY OF ARIZONA, AND TOWN OF MARANA FOR LOTS 1 THROUGH 93 AND COMMON AREAS A - C, AND ACCEPTING FOR MAINTENANCE THE PUBLIC IMPROVEMENTS IN COUNTRYSIDE RIDGE. WHEREAS, Countryside Ridge is a 22.07 acre subdivision located east of Hartman Lane and south of Linda Vista Blvd. containing Lots 1 through 93 and Common Areas A - C as depicted on Exhibit A and incorporated herein by this reference, and recorded at the Pima County Recorder's Office in Book 55 of Maps and Plats, Page 68; and WHEREAS, the Town has previously entered into an Assurance Agreement between U.S. Home Corporation, (beneficiary) under Trust No. 30,189 and Fidelity National Title Agency of Arizona, (trustee), recorded at the Pima County Recorder's Office at Docket 11757, Page 730 assuring the completion of public improvements; and WHEREAS, U.S. Home Corporation, has completed the public improvements acceptable to Town standards in accordance with the Assurance Agreement for Countryside Ridge; and WHEREAS, U.S. Home Corporation has posted a performance bond for remaining sidewalk to be installed; and NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana as follows: Section 1. Countryside Ridge, lots 1 through 93 and Common Areas A - C are hereby released from the Assurance Agreement between U.S. Home Corporation, under Trust No. 30,189, and Fidelity National Title Agency of Arizona. Section 2. The Town accepts for maintenance, including maintenance of regulatory traffic control and street signs, 0.62 miles of paved streets for the following appurtenances, as depicted on Exhibit A: a. Canyon Towhee Street b. Marsh Wren Place C. Scarlet Tanager Lane d. Winter Wren Avenue Page 1 of 2 Marana, Arizona Resolution No. 2003 -30 PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 15 day of April, 2003. ATTEST: Mayor BOBBY SUTTON, JR. Jocelyn C. Bronson Town Clerk APPROVED AS TO FORM: Daniel J. Hochuli, Esq. As Town Attorney and not personally Page 2 of 2 Maram, Arizona Resolution No. 2003 -30 31Vd Xooe = o C s �o X LO wig F W �tl0' � it •^ Y . bf d5 i L^K' �� ; = „i �' � QE� � y � � � o f z° > � �� •^�� 7 0 _ uj w e, of Na 0 tW. 0- ! 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A. 2 TO: Mayor and Council FROM: Farhad Moghimi, P.E., Public Works Director/Town Engineer SUBJECT: Resolution No. 2003 -31 - Releasing the Assurance Agreement for Cancion De La Luna, Trust No. 7924 -T, for Lots 1 thru 88 and Common Areas A -C and Acceptance of Public Improvements for Maintenance. DISCUSSION: Approval of Resolution 2003 -31 will release the Assurance Agreement between Pulte Home Corporation, a Michigan Corporation under Trust No. 7924 -T and Lawyers Title of AZ, Inc. and the Town of Marana, regarding Cancion De La Luna as depicted on Exhibit A. The subdivision is recorded in Book 55 of Maps and Plats, Page 25, Pima. County Recorders Office, Arizona. • In releasing said Assurance Agreement, the Town of Marana will accept for maintenance, including regulatory traffic control signs and street signs, approximately 0.6 miles of the following paved streets. • Armor Crest Road • Blue Crossing Way (that portion within Cancion De La Luna) • Creosote Spring Court • Desert Paintbrush Court • Sand Dollar Court Moreover, Common Areas A-C, as depicted on Exhibit A, will be owned and maintained by Continental Ranch Community Association as stipulated in the Covenants, Conditions and Restrictions of the subdivision, recorded at Docket 9761, Page 63, Docket 9778, Page 2382 in the office of the Pima County Recorder. Pulte Home Corporation has complied with all Linear Park financial contribution requirements to the full satisfaction of the Town. RECOMMENDATION: Staff recommends that the Town Council release the Assurance Agreement between Pulte Home Corporation under Trust No. 7924 -T and Lawyers Title of AZ and the Town of Marana. SUGGESTED MOTION: I move to adopt Resolution No. 2003 -31. 04/09/03 MARANA RESOLUTION NO. 2003-31 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AUTHORIZING THE RELEASE OF THE ASSURANCE AGREEMENT BETWEEN PULTE HOME CORPORATION, LAWYERS TITLE OF ARIZONA, AND TOWN OF MARANA FOR LOTS 1 THROUGH 88 AND COMMON AREAS A - C, AND ACCEPTING FOR MAINTENANCE THE PUBLIC IMPROVEMENTS IN CANCION DE LA LUNA. WHEREAS, Cancion De La Luna is a 23.33 acre subdivision located north of Drainage Way No. 2 and east of Coachline Blvd. containing Lots 1 through 88 and Common Areas A — C as depicted on Exhibit A and incorporated herein by this reference, and recorded at the Pima County Recorder's Office in Book 55 of Maps and Plats, Page 25; and WHEREAS, the Town has previously entered into an Assurance Agreement between Pulte Home Corporation, (beneficiary) under Trust No. 7924 -T and Lawyers Title of Arizona, (trustee), recorded at the Pima County Recorder's Office at Docket 11657, Page 1822 assuring the completion of public improvements; and WHEREAS, Pulte Home Corporation, has completed the public improvements acceptable to Town standards in accordance with the Assurance Agreement for Cancion De La Luna; and WHEREAS, Pulte Home Corporation, has satisfied all Linear Park financial requirements to the full satisfaction of the Town. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana as follows: Section 1. Cancion De La Luna, lots 1 through 88 and Common Areas A — C are hereby released from the Assurance Agreement between Pulte Home Corporation, under Trust No. 7924 -T, and Lawyers Title of Arizona. Section 2. The Town accepts for maintenance, including maintenance of regulatory traffic control and street signs, 0.6 miles of paved streets for the following appurtenances, as depicted on Exhibit A: a. Armor Crest Road b. Blue Crossing Way (that potion within Cancion De La Luna) C. Creosote Spring Court d. Desert Paintbrush Court e. Sand Dollar Court Page 1 of 2 Marana, Arizona Resolution No. 2003 -31 Section 3. Common Areas A - C, as depicted on exhibit A, shall be owned and maintained by the Continental Ranch Community Association. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 15 day of April, 2003. ATTEST: Mayor BOBBY SUTTON, JR. Jocelyn C. Bronson Town Clerk APPROVED AS TO FORM: Daniel J. Hochuh, Esq. 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Tim mI :' 1 _ 31 ' 00 t 1i $^ �� ~ �,saul ].zsAS.IS N ' •• r ��PO\~ C 91..60 s m E n = N 5051 C 112.0' R 8 Ie Nm1u•t n2.zr i SL 71 c[ nZn'�� $ _ / / •� } t< Y S n.99 ` "? 00000 90890 TOWN COUNCIL TOWN MEETING OF , a mLNF ORMATION MARANA ATE: Aril 15, 2003 AGENDA ITEM: IX. A. 3 TO: Mayor and Council FROM: Michael R. Reuwsaat, Assistant Town Manager SUBJECT: Resolution No. 2003 -34 Approval of Intergovernmental Agreement Amendment between the Town of Marana and Pima County for Construction Works! DISCUSSION: The Town of Marana and Pima County entered into an Intergovernmental Agreement dated October 8, 2002, wherein the Town provides work skills for youth funded through the Pima County General Fund and HOME. The County and the Town wish to modify the Intergovernmental Agreement by increasing the financing $31,600, so that payment from the County to Marana will increase from $77,000 to $108,000. Further, the Scope of Work/Services section shall extend the participant training program to the Spring of 2003. RECOMMENDATION Staff recommends that Council approve the amendment to the Intergovernmental Agreement for the Construction Works! Program. SUGGESTED MOTION: I move to approve Resolution No. 2003 -34. ADMIN /MAR:JB 04/09/03 MARANA RESOLUTION NO. 2003-34 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AMENDING THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF MARANA AND PIMA COUNTY, RELATING TO THE MARANA CONSTRUCTION WORKS! PROGRAM. WHEREAS, A.R.S. § 11 -952 grants the Town of Marana the authority to enter into intergovernmental agreements; and WHEREAS, the Town of Marana and Pima County entered into an Intergovernmental Agreement to support the affordable housing program referred to as Marana Construction Works! on October 8, 2002; and WHEREAS, pursuant to said Agreement, the Town provides work skills for youth funded through the Pima County General Fund and HOME; and WHEREAS, the parties wish to modify the Intergovernmental Agreement by increasing the financing from $77,000.00 to $108,000.00 and by providing the participant training program through the Spring of 2003; and WHEREAS, the Mayor and Council have determined that the aforesaid Intergovernmental Agreement should be amended to reflect these conditions and such amendment is in the best interest of the Town and its residents; and WHEREAS, an amendment document, attached hereto as Exhibit A and incorporated herein by this reference, has been reviewed by the Mayor and Council and find that the terms contained therein are equitable and in the best interest of the Town and its residents. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that the Intergovernmental Agreement for the construction of affordable housing through the Marana Construction Works! program is amended pursuant to the amendment attached hereto as Exhibit A, and the terms of that amendment are hereby approved and adopted. BE IT FURTHER RESOLVED that the various town officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to this Resolution. Marana, Arizona Resolution No. 2003 -34 Pagel of 2 PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 15th day of April, 2003. Mayor BOBBY SUTTON, JR. ATTEST: Jocelyn C. Bronson Town Clerk APPROVED AS TO FORM: Daniel J. Hochuli As Town Attorney and not personally Marana, Arizona Resolution No. 2003 -34 Page 2 of 2 PIMA COUNTY COMMUNITY SERVICES DEPARTMENT INTERGOVERNMENTAL AGREEMENT AMENDMENT BETWEEN TOWN OF MARANA AND PIMA COUNTY Project Name: Construction Works! Town: Town of Marana Purpose: Provide Work Skills for Youth Funding: General Fund and HOME Agreement Number 01 -39 -M- 131431 -0802 Amendment No. 1 Original Contract Term 8/1/02 to 6/30/03 Orig. Contract Amount $77,000.00 Term Prior Amendment N/A Prior Amend Amount N/A Term This Amendment N/A Amount This Amendment 31,600.00 Revised Contract Amount 108,600.00 WHEREAS, Pima County, ( "County ") and Town of Marana, ( "Marana "), have entered into an Intergovernmental Agreement ( "Agreement ") dated, October 8, 2002, pursuant to which Marana provides work skills for youth funded through Pima County General Fund and HOME; and WHEREAS, the parties want to increase the amount of the Agreement and serve the participants for additional time; IT IS THEREFORE AGREED TO MODIFY THE AGREEMENT AS FOLLOWS: 1. ARTICLE III — FINANCING: the amount of the Agreement shall be increased by $31,600.00 from $77, 000.00 to $108.600.00 by deleting section C and replacing with the following: C. Payment from County to Marana for this term shall not exceed $108,600.00 2. ARTICLE IV — SCOPE OF WORK/SERVICES: section 1,iv shall be amended by adding subsection a as follows: e. Provide participant training program for the Fall of 2002 and extend through the Spring of 2003. 3. , Attachment A, Budget, Construction Works!, Town of Marana August 1, 2002 to June 30 2003 is amended by deleting the contents of Attachment A in its entirety and replacing it with Attachment A -1 which is attached to this Amendment. Pima County Page 1 of 2 marana construction works amd 1 Community Services All other terms and conditions of the original Intergovernmental Agreement remain in effect to the extent that they are not inconsistent with the terms of this Amendment. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed by their duly authorized officers. PIMA COUNTY TOWN OF MARANA Chair, Pima County Board of Supervisors Assistant Manager 3 Date Date ATTEST: Clerk of the Board wn of6Aarana Clerk Date Date APPROVED AS TO CONTENT: a ounty Community Town of Marana Services Department REVIEWED AND APPROVED AS TO FORM AND POWER Pursuant to A.R.S. § 11- 952(D), the attorneys for the parties hereto have determined that the foregoing Agreement is in proper form and is within the powers and authority granted to each respective - b,,ody under the laws of the State of Arizona. �. [&— Deputy County Attorney Town of Marana Attorney 3 Dat Date Pima County Page 2 of 2 marana construction works amd 1.doc Community Services S -c�3 Attachment A -1 Budget: Construction Works! Town Of Marana August 1, 2002 to June 30, 2003 HOME General Fund Construction Cost 40,000 0 Salaries 30,000 Fringe 8,400 Insurance 6,600 Supplies 7,400 Equipment 4,200 Staff Travel 1,000 Administration 11,000 Total 40,0001 68,000 Budget total 108,600 Pima County marana construction works orks amd 1.doc Community Services TOWN TOWN COUNCIL OF MEETING MAR.ANA INFORMATION DATE: April 15, 2003 AGENDA ITEM: IX. A. 4 TO: Mayor and Council FROM: Dan Groseclose, Community Development Specialist SUBJECT: Resolution No. 2003 -37: Amendment to the 2001 Community Development Block Grant Program Contract for Management and Implementation of Remaining Project Funds. DISCUSSION: The Community Development Block Grant Program Contract for 2001 expired on December 31, 2002, between the Town of Marana and Pima County. Amendments to the Contract are needed to extend the contract to December 31, 2003. Pima County has added an additional $24,077 for the Yoem Pueblo Park for a total contract amount of $256,077.00. RECOMMENDATION: Staff recommends that Council approve the amendment to extend the outstanding CDBG Program Contract with Pima. County. SUGGESTED I move to approve Resolution No. 2003 -37. MOTION: Cdbg/cdbg/b1uems2001142 /dg4:48 PM04/09/03 MARANA RESOLUTION NO. 2003-37 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF MARANA, ARIZONA AUTHORIZING THE TOWN TO ENTER INTO AMENDMENTS TO AN INTERGOVERNMENTAL AGREEMENT WITH THE COUNTY OF PIMA FOR THE MANAGEMENT OF COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM. WHEREAS, the Town of Marana and the County of Pima have decided to amend the Intergovernmental Agreement relating to the implementation of the Community Development Block Grant Program, specifically the expiration date of such agreement; and WHEREAS, the amendment would greatly benefit the citizens of the Town of Marana and would be in the Town's best interest. NOW, THEREFORE, BE IT RESOLVED, that the Town of Marana shall enter into amendment to the Intergovernmental Agreement between the Town of Marana and Pima County to change the expiration date of the Intergovernmental Agreement for the implementation of the Community Development Block Grant Program to December 31, 2003, Amendment 1 to Contract No. 01 -39 -M- 130164 -1101. . PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 15th day of April, 2003. Mayor Bobby Sutton, Jr. ATTEST: Jocelyn C. Bronson Town Clerk APPROVED AS TO FORM: Daniel J. Hochuli Town Attorney Page 1 of 1 MARANA RESOLUTION NO. 2003-37 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF MARANA, ARIZONA AUTHORIZING THE TOWN TO ENTER INTO AMENDMENTS TO AN INTERGOVERNMENTAL AGREEMENT WITH THE COUNTY OF PIMA FOR THE MANAGEMENT OF COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM. WHEREAS, the Town of Marana and the County of Pima have decided to amend the Intergovernmental Agreement relating to the implementation of the Community Development Block Grant Program, specifically the expiration date of such agreement; and WHEREAS, the amendment would greatly benefit the citizens of the Town of Marana and would be in the Town's best interest. NOW, THEREFORE, BE IT RESOLVED, that the Town of Marana shall enter into amendment to the Intergovernmental Agreement between the Town of Marana and Pima County to change the expiration date of the Intergovernmental Agreement for the implementation of the Community Development Block Grant Program to December 31, 2003, Amendment 1 to Contract No. 01 -39 -M- 130164 -1101. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 15th day of April, 2003. Mayor Bobby Sutton, Jr. ATTEST: Jocelyn C. Bronson Town Clerk APPROVED AS TO FORM: Daniel J. Hochuh Town Attorney Page 1 of 1 PIMA COUNTY COMMUNITY SERVICES DEPARTMENT INTERGOVERNMENTAL AGREEMENT AMENDMENT NUMBER 1 PROJECT NAME: Administration, Honea Heights Bike Path, Housing Rehabilitation, Emergency Home Repair, Affordable Housing Land Acquisition, Yoem Pueblo Park CONTRACTOR: Town of Marana 13251 N. Lon Adams Rd. Marana, AZ 85653 Contract Number: 01 -39-M- 130164 -1101 Resolution Number. 2002 -1 recorded in the office of Pima County Recorder on January 24, 2002 in Docket 11722, Page 1093. FUNDING: CDBG GRANT DISTRICT NO. 3 - - - - _G_._ - - - - - - --------------------------------------- ORG. CONTRACT TERM: 11/01/01T0 12/31/02 OR CONTRACT AMOUNT: $232,000.00 TERMINATION DATE PRIOR AMENDS: NIA AMOUNT PRIOR AMENDMENTS: NIA TERMINATION DATE THIS AMEND: 12131/03 AMOUNT THIS AMENDMENT $ 24,077.00 REVISED CONTRACT AMOUNT: $256,077.00 INTERGOVERNMENTAL AGREEMENT AMENDMENT WHEREAS, County of Pima, as the Community Development Block Grant recipient, hereinafter referred to as "County" and the Town of Marana, a body politic, hereinafter called "Contractor" have entered into a contract, dated November 1, 2001; REAS, County and Contractor want to increase the amount of the Contract by $24,077.00; 1 1REAS, County and Contractor want to extend the termination date for one additional one year period; and WHEREAS, County and Contractor want to modify the project work to increase the allocation to the Honea Heights Bike Path, delete the Yoem Pueblo Street Improvements, and add the Yoem Pueblo Park; now, therefore, The parties agree as follows: 1. ARTICLE I — TERM AND EXTENSION RENEWAL Delete the first sentence of the first paragraph in its entirety and substitute the following: This Contract shall commence on the 1 st day of November 2001 and shall terminate on the 31 day of December. 2003 unless sooner terminated or further extended pursuant to the provisions of this Contract, provided that it shall not be effective until recorded with the Pima County Recorder following execution by both parties. 2. ARTICLE II- PAYMENT /FINANCING a) Delete the following budget and substitute with: FROM TO Administration $ 30,000.00 $ 30,000.00 Honea Heights Bike Path $ 75,000.00 $107,000.00 Housing Rehabilitation $ 45,000.00 $ 45,000.00 Emergency Home Repair $ 20,000.00 $ 20,000.00 Affordable Housing Land Acquisition $ 30,000.00 $ 30,000.00 Yoem Pueblo Street Improvements $ 32,000.00 $ -0.00 - Yoem Pueblo Park $ -0.00- $ 24,077.00 40 Delete the last line of the budget in its entirety and substitute the following: The total amount of this Contract is $256,077.00. c) Delete the first sentence of the second paragraph in its entirety and substitute the following: Payments and allocation by County will not exceed the $256,077.00 which was allocated for this project by the U.S. Department of Housing and Urban Development under the Community Development Block Grant Program. 31%pendix A — PROJECTS SUMMARY: Amend by: a) Deleting the last line titled "Yoem Pueblo Street Improvements" on the first page, titled "Projects Summary" and adding the entry titled " Marana Yoem Pueblo Park" b) Deleting U.S. Department of Housing & Urban Development, CPD Consolidated Plan, Listing of Proposed Projects for Town of Marana Honea Heights Bike Path in the amount of $75,000.00 and substituting with the following: U.S. Department of Housing & Urban Development, CPD Consolidated Plan, Listing of Proposed Projects for Honea Heights Bike Path in the amount of $107,000.00, a copy of which is attached as Exhibit 1 to this amendment. c) Deleting U.S. Department of Housing & Urban Development, CPD Consolidated Plan, Listing of Proposed Projects for Town of Marana Yoem Pueblo Street Improvements in the amount of $32,000.00 in its entirety. d) Adding the U.S. Department of Housing & Urban Development, CPD Consolidated Plan, Listing of Proposed Projects for Town or Marana Yoem Pueblo Park in the amount of $24,077.00, a copy of which is attached as Exhibit 2 to this amendment. All other provisions of this Contract, not specifically changed by this amendment, shall remain in effect and be binding upon the parties. This amendment shall be effective upon execution by the Chair of the Pima County Board of Supervisors, provided that it has been previously executed by the Contractor. IN WITNESS WHEREOF, the parties do hereby affix their signatures and do hereby agree to carry out the terms of this Amendm and of the original Contract cited herein. *COUNTY TOWN OF MARANA Chair, Board of Supervisors Mayor. Date: Date: ATTEST: ATTEST: Clerk of the Board Town Clerk Date: Date: REVIEWED B ' Director, Community Services Director Pursuant to A.R.S. §11- 952(D), the undersigned has determined that the foregoing Intergovernmental Agreement between Pima County and the Town of Marana is in the proper form and within the powers and authority granted under the laws of the State of Arizona. PIMA COUNTY' TOWN OF MARANA DqW ou ty Attomey Town Attorney Date: �3� Date: O O O O o o Q K?ER Ef3 [�?EAn L o o 0 o, r a cn x w a0 cyi W u uxx¢a x .� 0 0 z u ro S- y o 4- N �' � Cf) cis .. M, O ON 00 Q ct E bO 'L � o O C Lo ;m4 x U o +, o ra Q bO co U M x r w pj ri p N U hC O N zLo a u y w [=r o 0 3 O V V O M O N Q y 0 3 yQ C o �a 0 0 0 r 0 0 v► 69 609 p w - v v rl N N I tD O M I � y 1 I O O fn . _O L Q. LL U W Z I- 0 ® y.► C , O C d d d R cc "� t p. OL E' y LL L .� C _ �Y D Cif Z3 0 X V a o 0 ct •= •0 0 O Y R 1 d O O D c v 0 = U o u�i o y o w O Cif _ 4-) �' CL C o E .r C � � U J p0 N o r n X r uD Lij i o cc o �p CL w J ? N ♦��/� � C l0 . tll O.0 d N y m o Z Z L y F- v m ° n �.O Y Etc L a V o c o n. CL �E CI p y c +�C E T) Ea> O F- c = E< 2! C o w } m R U G U O � Q W CN m = C9 S m d v o .L .mo T 2 wco J U r 0 d O p rn d J CCD) 1 TOWN COUNCIL TOWN MEETING OF ORMATION MARANA ATE: Aril 15, 2003 AGENDA ITEM: IX. A. 5 TO: Mayor and Council FROM: Jane Howell, Human Resources Director SUBJECT: Increase in Staffing Request for one additional recreation coordinator position to support the Parks and Recreation Special Events and Senior Program. DISCUSSION: Currently, two employees coordinate the activities for children from pre- school and kindergarten through high school, summer camps, summer aquatics programs and adult sports activities. Two additional areas of activity exist but have no coordinator. Special events includes Founders' Day, July 0, December tree - lighting, as well as special interest classes. During the past year, Randy Robbins, Recreation Superintendent, has functioned as the special events coordinator. Senior programs are organized by a programmer. A coordinator is expected to expand opportunities to active seniors as well as those currently participating. A request for an additional coordinator responsible for these areas has been tentatively approved for FY 2003 -2004. However, because planning and coordinating the July e event is in progress, staff requests approval t o h ire the c oordinator n ow. T he new coordinator will go through the cycle of event planning with existing staff. B y Ju ly 1, t he c oordinator w ill b e r eady b egin t he p rocess o f expanding senior programs add address needs for special classes and enrichment programs. Fiscal impact would be approximately $37,900 for salary, benefits and workstation. RECOMMENDATION Human Resources s tall r ecommends a uthorization o f o ne a dditional r ecreation c oordinator f or t he Parks and Recreation Department. SUGGESTED MOTION: I move to approve. EWJH/Council/Bluesheet/Add Rcc Coord. 04/09/03 Justification for Request Rationale: This full time Recreation Coordinator position will relieve the existing staff from the following duties of special events, senior program programming, and the development of enrichment classes. This will allow coordinators, programmers, and other recreation staff to spend more time in program development, enhancement of existing programs, and research of alternative funding opportunities. This position will add to the growth and development of our department as our community grows with in the Town of Marana. Current Coordinators Responsibilities: Mike Brummett • Sports Camps (Youth) • Youth Sports • Adults Sports • Tournaments • Open Gyms • After School Programs (Middle School & High School) • Aquatics (pool maintenance) • Building Maintenance • Program Advertisement • Alternative Funding • Facility Procurement • Teen Dance (11 Dances) • Tree Lighting Festival • Spooktackular (Halloween) Mary Weaver • After School Programs ( 3 Elementary Sites) • Licensing After School Program • Therapeutic Recreation Program (2 Elementary Sites) • Summer Camps • Seasonal Camps • Early Release/ No School Day Programs • Recreation Center Attendants • Alternative Funding • Facility Procurement • Program Advertisement • Enrichment Classes • Concert in the Park (6 concerts) • Hip Hop Holiday • Cultural Festival Specific Job Duties (For New Coordinator): Special Events /Activities • Fourth of July • Founders' Day • Tree Lighting Festival • Spooktackular (Halloween) • Hip Hop Holiday ( Easter) • Cultural Festival • Two Pre - School Events • Concert in the Parks (6) • Miracle in Marana (Christmas presents for Kids) • Collaboration with Agencies /Organizations (Example: MUSD, Chamber of Commerce, Continental Ranch Home Owners Assn., Marana Arts Council, etc.) • Develop Quarterly Brochure for Special Events /Activities • Other Events Assigned or Required (Example: Park Dedications) Senior Program • Senior Adult Sports Leagues • Senior Olympics • Senior Tournaments /Events (Example: Softball, Chess, Table Tennis, etc.) 0 • Develop Outdoor Senior Recreation Program (Example: Hiking, etc.) • Develop "Active" Senior Excursions • Research Alternative Funding • Facility Procurement • Facilitate "Active" Senior Enrichment Classes • Collaboration with Agencies /Organizations (Example: Sunflower, etc.) • Develop Quarterly Brochure for Senior Events /Activities • Marketing and Development of Fall, Winter, Spring, and Summer Programs • Other Programs Assigned or Required Enrichment Classes • Marketing and Development of Fall, Winter, Spring, & Summer Classes • Research Alternative Facilities & Locations (Example: MUSD, Continental Ranch) • Develop Quarterly Brochure for Enrichment Classes • Other Classes /Opportunities Assigned or Required Job Description: See current job description for Recreation Program Coordinator (Attached). a r+c r A ! F Proclamations WHEREAS, the Town of Marana and its citizens are honored to recognize Tee Up For Tots in observing May as Pediatric Cancer Awareness Month; and WHEREAS, pediatric cancer is the number one cause of death of children under the age of 14 from disease, and the need for increased research is 3 critical; and J WHEREAS, monies raised through the efforts of Tee Up For Tots are u4 supporting two full -time researchers in the Courtney Page Zillman Doctoral - -Fellowship Program at Steele Memorial children's Research Center at the - University of Arizona; and WHEREAS, Tee Up For Tots is dedicated not only to raising funds for research in the area of pediatric cancer, specifically neuroblastoma, but also to assist families with children suffering from pediatric cancer; and _ µ WHEREAS, Courtney Page Zillman touched the hearts of many in this community. NOW, THEREFORE, on behalf of the Town Council of the Town of Marana, ``Arizona; I do proclaim The Month of May 2003 as PEDIATRIC CANCER AWARENESS MONTH - = IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the Town of Marana to be affixed this 15th day of April, 2003. - S _ Bobby Sutton, Jr., Mayor - ocefyn C: Brbns�ri,Towra ";Cierk� ° ,. f 1 TOWN COUNCILMEETING TOWN INFORMATION OF MARANA DATE: Aril 15, 2003 AGENDA ITEM: IX. B. l TO: Mayor and Council FROM: Joel D. Shapiro, Planning Director SUBJECT: Ordinance No. 2003.05 and Resolution No. 2003 -35: — Protection of Cultural Resources A request for approval of proposed amendments to the Land Development Code of the Town of Marana, amending Title 2 — Administration by establishing a Cultural Resources Preservation Board, and creating Title 20 — Protection of Cultural Resources, and declaring Title 2 and Title 20 to be a public record. DISCUSSION: Currently, the Town of Marana has no ordinance governing the preservation of its historic and archaeological resources. At this time, the only laws relating to cultural resources found in the Town of Marana are federal and state statutes, applicable primarily to resources discovered on federal- and state -owned lands and/or projects. Private lands are impacted by these laws only in relation to the unearthing of human remains; in which case, the landowner or their agent must notify the Arizona State Museum of the discovery. Staff has been working closely with the State Historic Preservation Office (SHPO) to draft an ordinance that would give the Town a legal basis for regulating development on both public and private lands by providing a process for the survey, identification and preservation of cultural resources in the event any discoveries are made. Town Staff has also consulted with the Arizona State Museum, Pima County Cultural Resources Department and various private firms to create these review guidelines. Staff is suggesting a Cultural Resources Preservation Board be established under Land Development Code Title 2 - Administration to serve in an advisory capacity to the Mayor and Town Council The duties of this Board would include establishing and maintaining a plan for historic preservation in the Town, as well as providing information and education on preservation to the public. In addition, the Board would seek funding opportunities, coordinate resources and confer with other city, county, regional, state and national historic preservation boards and commissions. The Board's only legislative duty will consist of reviewing proposals for the alteration of an identified cultural resource, in which case the Board will determine whether or not the proposed work will alter the historic character of the resource. Title 2 has also been updated; we have removed references to activities with which the Planning Commission is no longer involved (i.e. capital improvement projects and annexations), along with other minor editing changes. Title 20 — Protection of Cultural Resources outlines two separate planning review processes. The first is Archaeological Review, which requires all project sites (minus exemptions listed in Part H - Applicability) be surveyed by qualified archaeologist, and a report must be submitted to the Town as part of the development review process. Based on the report findings, Staff will either issue a Certificate of No Effect (no archaeological remains found or no adverse effect on a site) or a Certificate of Approval, which requires the developer to implement an accepted mitigation plan for a significant archaeological resource. The second review process outlined in Title 20 relates to the alteration of a cultural resource that has been designated as historic by the Cultural Resources Preservation Board. Town Staff will issue a Certificate of No Effect if the alteration is minor and will not adversely affect the historic character of the structure, site or district. For more extensive development, the project will go to public hearing before the Cultural Resources Preservation Board, and the Board will review the application for consistency with the Town of Marana Historic Preservation Plan. Planning Staff finds it appropriate at this time for the Town to take a formal position regarding the preservation of its cultural resources. Enacting a cultural resource preservation ordinance and forming a Cultural Resource Preservation Board are the first steps. Such actions will also benefit the Town by making it eligible to participate in the Certified Local Government (CLG) Program, a local, state and federal partnership administered by the National Park Service (NPS) and SHPO. Participating in the CLG Program would enable the Town to compete with the 26 other CLG municipalities within the State of Arizona for grant funds to use toward the development and implementation of a historic preservation plan for the Town of Marana. Town Staff has reviewed Title 20 — Protection of Cultural Resources, and the amendment to Title 2 — Administration, and recommends that the amendments presented be approved. Attached are the recommended Title 20 addition and the Title 2 amendments. This project was presented to the Planning Commission on December 18, 2002. The Planning Commission is forwarding their unanimous recommendation for approval to the Town Council RECOMMENDATION: Staff and the Planning Commission recommend approval. SUGGESTED MOTION: I move to approve Ordinance No. 2003.05 and Resolution No. 2003 -35. r MARANA ORDINANCE NO. 2003.05 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AMENDING TITLE 2, ADMINISTRATION, OF THE MARANA LAND DEVELOPMENT CODE, DEALING WITH THE ESTABLISHMENT OF A CULTURAL RESOURCES PRESERVATION BOARD AND OTHER MINOR EDITING CHANGES, AND CREATING TITLE 20, PROTECTION OF CULTURAL RESOURCES, DEALING WITH THE IDENTIFICATION AND PRESERVATION OF CULTURAL RESOURCES WITHIN THE TOWN OF MARANA, AND REPEALING ALL RESOLUTIONS, ORDINANCES, AND RULES OF THE TOWN OF MARANA IN CONFLICT THEREWITH. WHEREAS, the Mayor and Council of the Town of Marana did, on May 14, 1984, approve Ordinance Number 84.04, thereby adopting a Land Development Code (the "Code ") for the Town of Marana; and WHEREAS, the Mayor and Council have amended the Code from time to time; and WHEREAS, the Code contains Title 2, Administration, which respectively provides for the establishment of a Cultural Resources Preservation Board for the Town of Marana; and WHEREAS, the Code contains Title 20 (Reserved), now to be for the Protection of Cultural Resources, which respectively provides a process for the identification and preservation of archaeological and other historic or pre- historic resources within the Town of Marana; and WHEREAS, the Marana Planning Commission held a public hearing on a request to amend Title 2 and add Title 20 to the Code on December 18, 2002, and its members voted to recommend approval of the proposed amendments to the Town Council by a unanimous vote; and WHEREAS, the Town Council held a public hearing on the request to amend Title 2 and add Title 20 to the Code on April 15, 2003, to obtain input from town staff and the public on the proposed amendments; and WHEREAS, the Mayor and Council find that approval of the proposed amendments is in the best interests of the residents and the businesses of the Town of Marana. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of Marana, Arizona, as follows: Section l: Title 2 of the Marana Land Development Code is hereby amended by establishing a Cultural Resources Preservation Board for the Town ofMarana, deleting references to Maram Ordinance No. 2003.05 Page 1 of 2 activities with which the Planning Commission is no longer involved, and other minor editing changes. Section 2: Title 20 of the Marana Land Development Code is hereby created, providing for the protection of cultural resources. Section 3: The various town officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to this Ordinance and portion of the Code. Section 4: All ordinances, resolutions, or motions and parts of ordinances, resolutions, or motions of t he C ouncil i n c onflict w ith t he p rovisions o f t his O rdinance a re h ereby r epealed, effective as of the effective date of this Ordinance. Section 5: 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 15th day of April, 2003. i i ATTEST: Mayor BOBBY SUTTON, JR. Jocelyn C. Entz Town Clerk APPROVED AS TO FORM: Daniel J. Hochuh As Town Attorney and not personally Marana Ordinance No. 2003.05 Page 2 of 2 MARANA RESOLUTION NO. 2003-35 A RESOLUTION OF THE TOWN OF MARANA, ARIZONA, DECLARING AS A PUBLIC RECORD, THAT CERTAIN DOCUMENT ENTITLED "TITLE 2 - ADMINISTRATION OF THE MARANA LAND DEVELOPMENT CODE" AND "TITLE 20 — PROTECTION OF CULTURAL RESOURCES OF THE MARANA LAND DEVELOPMENT CODE," THREE COPIES OF WHICH ARE ON FILE IN THE OFFICE OF THE TOWN CLERK. BE IT RESOLVED by the.Mayor and Council of the Town of Marana, Arizona, that certain document entitled "Title 2 - Administration of the Marana Land Development Code" and "Title 20 - Protection of Cultural Resources," three copies of which are on file in the office of the Town Clerk, is hereby declared to be a public record, and said copies are ordered to remain on file with the Town Clerk. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 15th day of April, 2003. Mayor BOBBY SUTTON, JR. ATTEST: Jocelyn C. Entz Town Clerk APPROVED AS TO FORM: Daniel J. Hochuli, Esq. As Town Attorney and not personally Marana, Arizona Resolution No. 2003 -35 Page 1 of I TOWN OF MARANA, ARIZONA DRAFT LAND DEVELOPMENT CODE • TITLE 2 ADMINISTRATION SECTIONS: 02.01 Administration -- In General 02.02 Planning Commission 02.03 Board of Adjustment 02.04 Planning Administrator 02.05 Building Official /Inspector 02.06 Town Clerk 02.07 Town Engineer 02.08 Cultural Resources Preservation Bird � 02.01 Administration -- In General This chapter establishes the governmental structil and processes for the ed tir istration of the Land Use Planning and Zoning Regulations. It defines the Wiles of the "Planning Agency," as defined by Arizona Revised Statutes, Section 9 -46, t} t the Town Mayer and Council, the Planning Commission, the Cultural Resources Preset ation Board, and the Planning Department. It also defines the roles of- the Town Council ang as the Board of Adjustment, the Planning Administrator, the Town Buildjrtq�Dfficial, and the Tarn Clerk and Town Engineer as they relate to Planning and Zoning matters 02.01.01 Marana Mayor and Council • The Marana Mayor and Gourd are the legislative body f o r t hese regulations. As such, it shall make final determinations on B utters of a legislative nature as specific in this chapter. 02.01.02 Adoption,.of a General Plan The Town Council may ad' ; a g 6p( plan of the Town or any part thereof. Upon adoption of such a generalp #an, the Counc�I:aa61 assure that no street, park, or other public way, ground, p�� or'spa�-„no pLibfid� building or "structure, and no public utility, whether publicly owned iii privately ' .d over ;which the Town of Marana has jurisdiction shall be construbted or authorized €nail and �c�r�i�ss the location and extent thereof shall be determined "- to conforsaid compreh ive de�7elopment general plan. 02.01.03 ,,Adoption of Zt ning, Development, and Building Regulations A. Division of j e Town iiito Zones. For the purpose if of promoting health, safety, and the general welling of the community, the Town Council may divide the Town or any portion thereof. o zones of the number, shape, and area it deems best suited to carry out the purpose of this code, and within such zones it may regulate and restrict the erection, construction, alteration, repair, or use of buildings or structures and the use of the land. B. For the same purposes, the Town Council shall be empowered to: 1. regulate the location of buildings and structures, the size and use of lots, yards, courts, and other open spaces, the percentage of a lot which may be occupied by a building, structure, or mobile home, and the intensity of land use; is Title 2 Administration Page 1 of 11 Revised 12/10/02 TOWN OF MARANA, ARIZONA DRAFT LAND DEVELOPMENT CODE • 2. establish requirements for off - street parking and loading; 3. establish and maintain building setback lines; 4. require as a condition of rezoning or approval of significant land use change, the public dedication and construction of right of way as streets, public ways, drainageways, and public utility easements as are reasonably required by or related to the effect of the rezoning or significant land use change; 5. designate floodplain zoning districts and adopt regulations to protect life and property from the hazards of inundation, such regulations to include variable lot sizes, special grading or drainage requirements -6=�other requirements deemed necessary for the public health, safety, or general welfare; 6. establish special zones and adopt regulafions'for certain ands characterized by adverse topography, adverse soils, subsidence of the earth, lack of water, Sonoran Desert vegetation or other'� atural or manmade , ,hazards to life or property, and such regulations as-','may include variable lot ;'sizes, special grading or drainage requirements, 6'r6ther requirements deemed'hecessary for the public health, safety, or general welfo 7. adopt detailed regulations governing the':construction of buildings or other structures within the Towp; 8. adopt regulations and procedures: °governing the and development of land within the Town and the dev,61 ent of large scale projects within the Town as certified by this codes' and 9. do any other a X, ecessary, appropriate, or: desirable to carry out the purpose of this code. 02.01.04 Apptoval o Subdivisions and Large Scale Development Plans The Town Council shall review and a{ prove or disapprove all ViGiRity plaRS, preliminary plats, and final plats §LUlivisions: and large sca developments proposed for the land within the Town, aftd "such plans have beenreviewed ap prov by the Town Planning Commission in accordance with the ap propriate section of this code. The Town Council shall hear all appeals from decisions oU.the Planrllrg Commission with respect to subdivision and large scale development plans. 02.01.05 'fie# Fees and', 1VAanner of Charges The Town Council 4hall sod all fees for building permits and inspections and all submissions and procedures pe ed under any Section of this Code. Such fees shall be set by Resolution of the Towmr ' ouncil. 02.01.06 Relation to Other Entities The Town Council shall consider the recommendations of the Planning Commission, the Planning Administrator, and the Town Building Official /Inspector before taking any action under the terms of this code. • Title 2 Administration Page 2 of 11 Revised 12/10/02 TOWN OF MARANA, ARIZONA DRAFT LAND DEVELOPMENT CODE 02.01.07 Amendments The Town Council may amend this code from time to time by simple majority vote of the entire Council membership subject to the requirements of Title 10 herein. 02.02 Planning Commission The Planning Commission is established as an advisory commission to the Mayor and Council. As such, its function is to hear and consider matters of „� flative nature, and of policy. 02.02.01 Establishment and Composition A. The Town Council of the Town of Marana hereby creates a Nibping Commission to consist of seven voting members and one ex- offlcii?member chaq from among the members of the Town Council The seven regule'r members of the Platrting Commission shall be appointed by the Mayor with the cpnnt of the, Town Council `f : among the qualified electors of the Town. The members sha #1 be sel pted without regard to political affiliation and shall serve without compensate s except' Jor the reimbursement of necessary and reasonable expenses incurred in accomplishing the purposes of the commission, provided such expenses,have been appm in accordance with the Town's Financial Procedures Ordinance.;” , B. Terms of Office, Filling of Vacancies, and 'Oeto Oval. The ins of office of the Town Council Member designated to serve asIthe ex of#id o =rr�embe► of the Planning Commission shall correspond to his tenure of office as a,Member�oft ' a Town Council. The terms of office for the appointive r o�lar members'of the Planning Commission shall be six years. Vacancies occurring otherve than through the expiration of terms shall be filled by appointment by th Mayor wifh the consent o#ahe Town Council. Regular members of the Planning Commission ba�removed from owe without cause, by a majority vote of.the entire membership of th" J, Ct kt ll; (Ord: 91.23 (part), 12/91). 02.02 02 �3irrzetion The P1466ing Commisslo shall belay appointment of the Town Council. Its membership shall consisfi of,a Chairperson irperson, along with five voting members and one ex- officio merger chosen from;a7nong the members of the Town Council. The Commission shall a adopt rules fol^tts own orgar*tion and for the transaction of its business, but such rules shall not be in conflictth other fictions of this Code or other Ordinances of the Town of Marana or with the laws 04\ State if Arizona. (Ord. 91.23 (part), 12/91). 02.02.03 Dutles)and Powers A. Preparation of a'` General Plan. It shall be the function and duty of the Planning Commission, after holding public hearings, to make and -adept and recommend to the Town Council a General Plan for the physical development of the Town, including any areas outside of the Town Limits which, in the judgment of the Commission, bear relation to the development of the Town. Where the plan involves territory outside of the Town Limits, the provisions of the Plan that pertaining to such external territory shall be made known to the appropriate authorities of Pima County or those municipalities having jurisdiction over said territory. Said General Plan, with accompanying maps, plats, and Title 2 Administration Page 3 of 11 Revised 12/10/02 TOWN OF MARANA, ARIZONA DRAFT LAND DEVELOPMENT CODE descriptive and explanatory matter shall show the Planning Commission's recommendations for the physical development of the Town and may include, among other methods of circulation and transportation; the general location and extent of public facilities for water, power, sanitation, or playgrounds, and drainage facilities; and the use of land, whether for residences, commerce, industry, agriculture, flood channels, or open space. The Planning Commission may, from time to time, amend, extend, or add to the General Plan or carry any part of the Plan's subject matter into greater detail. B. Reports and Recommendations. The Planning Commission ,,may make reports and recommendations relating to the planning and development; of the mown to the Marana Town Council and to other organizations and residents of th&l: own. The Commission may recommend programs for public improvements and the= francirig„ thereof to executive or legislative officials of the Town. C. Regulation of Subdivisions and other Large Scale Developments. It shall be the duty of the Planning Commission to prepare regulations governing the subd`N%ion of land and other large scale developments within the , ` , i`own, to ; prepare amen6�tew` to such regulations when considered necessary and appropriate, ;and to submit sail regulations and amendments to the Town Council for consideraticrn and action. D. Approval of Plans and Plats for Subdivisions and Oihy Large Scale Developments. It shall be the duty of the Planning Commission to review acid approve or reject plans and plats for all subdivisions and other largeysc le -,,developmen ithin the Town, before such plans and plats may be considered by ouncil. E. Preparation of a Zoning Plan. The Planing bmn rs omshall make and recommend to the Town Council a zortrrwgg plan for the Town, includil both the full text of the Town's Zoning lations and m g Re g � indicating the location and limits of the regulations and the various zones �Alj the zoning regulations and the Zoning Section of this Cod4e' 4 all first be submitted tci,t a Planning Commission for its review and recommendations. Ski rec»Mdations regarding any proposed zoning change shall be submitted to„ the Town C664icl With. in forty -five (45) days after submissron 'tbti+aPtannmg emission unless a longer period shall have been granted by the Council. year, f a G e G; f () r f A-F a peried A-f _at least five (5) years beyond the fiGGal year in G. Conduct Hearing and Meetings. The Planning Commission may conduct hearings and meetings with interested property owners, and citizens of the Town of Marana and others in the process of carrying out its functions and duties. H. Review Proposed Land Use Changes. The Planning commission shall conduct hearings upon review for approval and disapproval and subsequent recommendation to the Town Council all proposals for Significant Land Use Change that are subject to such hearings in Title 2 Administration Page 4 of 11 Revised 12/10/02 TOWN OF MARANA, ARIZONA DRAFT LAND DEVELOPMENT CODE accordance with the Significant Land Use Change procedures described in Title 5 of this Code. J. Review Proposed Street Dedications. The Planning Commiaon shall conduct a hearing upon and review for approval or disapproval and subsequent rgmmendation to the Town Council each proposal for the dedication of private la to bey u d as a street or other public thoroughfare by the Town of Marana. Each such 'proposal for dedication of land for public purposes shall be submitted to the Planr th' ommission f i' consideration and recommendation before being submitted to the To ivn Council for cons ide tion and action. 02.03 Board of Adjustment 02.03.01 Board of Adjustment The Board of Adjustment is the quasi judlcidl, body of the ToWm established to grant relief from certain provisions of the Town Zoning Cede, s ,specifically so"46i'th, and within the limits herein established. 02.03.02 Establishment The Town Council is hereby established as the Board of Adjustment for the Town of Marana. refine the duties, responsibilities, make -up and terms of the Planning Commission, repeal the provisions establish ing�tkie Planning Advisory Committee and the duties and responsibilities of the Committee, and refirl6 'the rdo�ponsibilities of - f Planning Administrator, Building official, Town Clerk, and Engineer as they o Planning and Zoning Matters. (Ord. 93.04 (part), 4/9,,' : 02.03 U2`' Meetings The Tow Council shall convene as the Board of Adjustment when fulfilling responsibilities of the Board justment M?tingsof the Board of Adjustment shall be monthly and at such other times as'eY be necessary to conduct its business in a timely fashion. All meetings shall be open td�" public and the Board shall cause an agenda to be made public not less than five (5) calendar -days prior to its meeting. The agenda shall be made part of the Town Council agenda, and" flable by posting in a conspicuous place at the Town Hall 02.03.03 Quorum and Voting Four (4) members of the Board of Adjustment constitutes a quorum. The concurring vote of the convening members is necessary to approve any matter before the Board. 02.03.04 Records The Board of Adjustment is to keep a public record of its hearings, decisions and findings. Title 2 Administration Page 5 of 11 Revised 12/10/02 TOWN OF MARANA, ARIZONA DRAFT LAND DEVELOPMENT CODE 02.03.05 Rules of Procedure The Board of Adjustment may adopt rules of procedure to carry out its functions. Copies of such rules will be filed with the Town Clerk and made available through the Planning Administrator. 02.03.06 Powers and Duties The Board of Adjustment shall perform the following duties: A. Variances: The Board shall hear and decide on reque.sts for vartances from the terms of these regulations, as herein provided. B. Interpretations: The Board shall hear and decide interpretations of its code as herein provided. 02.04 Planning Administrator The Planning Administrator shall, underthe direction of the> Town Manager, be the primary administrative official for the administratior}ll.o# this code. 02.04.01 Powers and Duties The Planning Administrator shall have the acthorit grid ithali,be his /her duty to: A. Review all applications": for wilding permits for compliance with provisions of the zoning regulations contained in thi"roinance andto issue certificates of zoning compliance when such complianc6 Mists and fe struct the Town Slerk Building Department to not issue a building permit or certiieate of occupancy when of ere has not been compliance. B. Advise the Town Clerk tegerdmgi the issuance or non - issuance of building permits for reasons o compliance or non- complionce with the Town's Zoning Regulations as contained in this cot _ and"t> ',recommend the refusal of any building permit unless the plans for the propose constru ,n or substantial modification of an existing structure submitted with an applic�ion for building permit conform to the zoning regulations set forth in this code,. C. Enforce the tuning provisions of this code, and wherever violations of said provisions occur, to co' utt,.with th Town Attorney, to request the issuance of citations, to prepare exhibits, testimon y or, bther data which may be needed in such enforcement. D. Review all applications for subdivisions, condominium projects, mobile home parks, and other large -scale developments and advise the Planning Commission regarding the completeness of the plans and documents and their compliance with the appropriate provisions of this code. E. Respond to requests for information from the public and Town officials regarding details of the Town's CemPreh6R General Plan and the provisions of this Development Code. F. Make technical studies relating to amendments to this Development Code. • Title 2 Administration Page 6 of 11 Revised 12/10/02 TOWN OF MARANA, ARIZONA DRAFT LAND DEVELOPMENT CODE G. Cooperate with and coordinate his /her work with the Town Engineer, Town Building Official /Inspector, planning consultants, and other Town officers and employees. H. Assist the PlanniR GOMMiSSiGR i ll the pFepaFatien of its multi yeaF and aRRUa 1H I the TGWR I. Keep this Development Code and the Official Zone Map current at all times. J. Be responsible for the enforcement of all the provisions of this Development Code except those provisions in Title 8, Building Code, that have been ma"', responsibility of the Town Building Official /Inspector. 02.04.02 Relation to Other Entities The Planning Administrator shall give advice and assistabl to tote Planning Commission. He /she shall cooperate with the Town Engineer and Jt e Town Buiir i ng Official /Inspector. He /she shall direct the work of the Town Clerk with res ect to the approprrato matter of this Code as may be required. 02.05 Building Official /Inspector The Building Official /Inspector shall assist the Planning Al inistrator in the administrative responsibilities of this Code. 02.05.01 Powers and Duties The Town Building Official /Inspector shall have, the authority to and shall have primary responsibility to: A. Enforce the provisions of the adopted Codes, of this ordinance. B. Review all appliea s for building permits, for compliance with the Building Code provisions of this co nd issue, certificates o 'compliance when such compliance exists and ' not rs t7ding permit or certificate of occupancy when there has rtoTan compliance. C. Advise the Town C1"""regard ��issuance or non - issuance of building permits for reasons of cormpliance or non compliance with the Building Code provisions of Tifle 9 0 this code, and remend the refal of. , 'any building permit unless the plans for the proposed constru&66,or alteratiorr inform to the Building Code provisions for this code. D. Consult with ie,Town Attorney whenever violations of the Building Code provisions of this code occur and ;request the issuance of citations, issue stop- construction orders, and prepare exhibits, Testimony, or other data which may be needed in the enforcement of the Building Code provisions of Title 8 of this code. E. Advise the Planning Commission, the Planning Administrator, and the Town Council regarding the updating or other revision of the Building Code provisions ' Title 9 of this sede. 02.05.02 Relation to Other Entities The Town Building Official /Inspector shall give advice and assistance to the Planning Commission. He /she shall cooperate with the Town Engineer and the Planning Administrator. • Title 2 Administration Page 7 of 11 Revised 12/10/02 TOWN OF MARANA, ARIZONA DRAFT LAND DEVELOPMENT CODE 0 He /she shall direct the work of the Town Clerk with respect to Section 02.05.01, Section 02.06, and Title 8 of this code. 02.06 Town Clerk The Town Clerk shall assist the Planning Administrator in the administrative functions of this code. 02.06.01 Powers and Duties With respect to the administration of this Development Code,th Town Clerk shall have the authority and the duty to: Orion B. Maintain and make available to the publ "fie, files af: the actions of „ Planning Commission and the Town Council with respecf'tp ,matter,Areated by this code, maintain copies of this Development Code and all other regdatro6s, minutes, records, and maps as may be matters of public record and related to the pro Viaps of this code. C. Collect and maintain a record of aidc�perly disburse _moneys, fees, and charges levied under the provisions of this code" D. Collect and maintain monthly reports frotp, the PIabr—mg Administrator, Town Engineer and . Building Official. l 02.06.02 Relation to' father Entities In matters involving -8 the Building Code provisions, of this ordinance code, the Town Clerk shall be responsible'Jo the Town Building ( offal /Inspector. In all other matters treated in this Development Code,ytie T i a I tC shall b6 responsible to the Planning Administrator. 02 07 Town b"t'iteer The To>angineer shallist the #Manning Administrator in the administrative functions of carrying outthis code. 02.07.01 " owers and QUties With respect to the�admirftfration of this Development Code, the Town Engineer shall have the authority and the 'du'to: A. Review in detail at[ applications for subdivisions, condominium projects, mobile parks, and other large -scale developments as directed by the Planning Administrator, and recommend approval, disapproval, or modification of said plans for such developments to bring them into conformance with the provisions of Titles 6 and 7 of this code. B. Make technical studies, as directed by the Planning Administrator, with the concurrence of the appropriate Town Council Liaison Officer, of matters treated in this Development Code. Title 2 Administration Page 8 of 11 Revised 12/10/02 TOWN OF MARANA, ARIZONA DRAFT LAND DEVELOPMENT CODE C. Cooperate with and coordinate work with the Planning Administrator and the Town Building P 9 9 Official /Inspector, planning and engineering consultants, and other Town officers and employees regarding matters in this Code. D. Assist the Planning Administrator and the Planning Commission in the performance of their duties when requested to do so by them. 02.07.02 Relation to Other Entities With regard to matters treated in this Development Code, the Town Engineer shall be responsible to the Planning Administrator. He /she shall cooperage with the Town Building Official /Inspector and shall give advice and assistance to the Panning Commission and the Town Council when requested to do so by the Planning Aenrnis or, the Chairman of the Planning Commission, the appropriate Town Council L11ison er, or the Planning Commission or the Town Council acting as a body (Ord, 9 °3,04A/93) 02.08 CULTURAL RESOURCES PRESERI(AT]ON BOARD The Cultural Resources Preservation Board is establisheil- a advisory Board"to the Mayor and Town Council. As such, its function is to hear and corrader matters of legislative nature, of policy and of other cultural resource preservation functions necessary. 02.08.01 Establishment and Compasitior A. The Town of Marana Council hereby creates � Cultural' sources Preservation Board to consist of five (5) votatg r�%�ers_ The five regular Members of the Cultural Resources Preservation Board, -' be pointed by then Mayor, with the consent of the Town Council. The members slh4llselected<without regard,to political affiliation and shall serve without compensation, excel for thy, reimburseme H of actual (necessary and reasonable) expenses incurred in acsIng tie purposes of the Board, provided such expenses have been in afdancew�tthth`Town's Financial Procedures Ordinance. B. Terre of Office"" of V6ancies and Removal. The Board members shall be appointed for six -year Terms, 'e that the original members shall be appointed for staggered terms: two ), for three (3) years and three (3) for six (6) years. Vacancies occurring otherwise tharr #Irough the expiration of terms shall be filled by appointment by the Mayor with the cons6it of the Town Council. Regular members of the Board may be removed fror�bffice without cause, by a majority vote of the entire membership of the Town Council 02.08.02 Organization The Cultural Resources Preservation Board shall be comprised of five (5) members, to be appointed by the Mayor and approved by the Town Council. Each member must have a demonstrated interest, experience or knowledge in one (1) of the following: history, architecture, planning, archaeology, historic archaeology, real estate, historic preservation, law or a related field; three (3) of the members shall possess professional qualifications in one of the following fields: archaeology, architecture, preservation planning, or history. A majority Title 2 Administration Page 9 of 11 Revised 12/10/02 TOWN OF MARANA, ARIZONA DRAFT LAND DEVELOPMENT CODE membership of the five (5) members shall be residents of the Town. One member of the Planning and Zoning Commission shall be appointed to ensure the continued coordination between the two groups. If no person(s) can be found to serve on the Board, who both possesses the required professional qualifications and resides within the Town of Marana, a person(s) possessing the required professional qualifications may be appointed upon approval by the Town Council. Its membership shall consist of a Chairperson, a Vice - Chairperson, and three (3) voting members. The Board shall adopt rules for its own organization and forthe transaction of its business, but such rules shall not be in conflict with other sections„pf this tode or other Ordinances of the Town of Marana or with the laws of the State,�,,ltizona. 02.08.03 Meetings Meetings of the Cultural Resources Preservation Board Il be quarterty and at such other times as maybe necessary to conduct its business in �a timely fashion. All meetings shall be open to the public and the Board shall cause an a da to be made public n Aess than five (5) calendar days prior to its meeting. 02.08.04 Quorum and Voting Three (3) members of the Cultural Reso`l' Preservation Baa shall constitute a quorum. The concurring vote of the three (3) convehJn =rrt r bers is nece to approve any matter before the Board. 02.08.05 Records The Cultural Resour s`Preservatlz n Board shalf"Maintain a public record of its hearings, decisions and findings 02.08.06. Rui `bf?rocedr.,, The Cultural Resources lrervatio > and may adopt rules of procedure to carry out its functions ��ppies of such ls will b` fled with the Town Clerk and made available through the Planni rector. 02.08.07 Dutl± The Board is charged 7ith developing a comprehensive Cultural Resources Preservation Program and undertaking any actions necessary to assure compliance with Certified Local Government requirements. Duties of the Board include, but may not be limited to, the following: LEGISLATIVE ■ Reviewing proposed alterations to historic and archaeological resources through the Certificate of Appropriateness process; • Title 2 Administration Page 10 of 11 Revised 12/10/02 TOWN OF MARANA, ARIZONA DRAFT LAND DEVELOPMENT CODE ADVISORY • Establishing a process for identifying Marana's historic, archaeological and cultural resources; • Developing recommendations to provide a variety of support and incentives, including funding concepts, to enhance and maintain significant historic and archaeological resources; • Identifying cultural resources historic significance in the Tov+, and developing, maintaining, and from time to time amending plans for ttx preservation of those resources; • Establishing and maintaining the Marana Historic;giste, • Inventorying historic properties and recommen .the To vv9 ouncil designation for historic property districts; • Establishing guidelines for evaluation of historic and,.archaeological ti6' bur�ces; • Coordinating resources and providing techr" l as 'tainpe; • Developing criteria and review procedures; GENERAL • Providing public information and,pducAtton on preservatf • Conferring with other city, county, regional, "' ri d national historic preservation boards and commissions; • Developing pbrtnerships' vith groups auch as the Arizona Historical Society and the State Hist61-10 Preservatlo Office; • Reporting its progress Town Couricfl. Title 2 Administration Page 11 of 11 Revised 12/10/02 i TOWN OF MARANA DRAFT LAND DEVELOPMENT CODE TITLE 20 Protection of Cultural Resources SECTIONS: 20.01 Purpose 20.02 Definitions 20.03 Applicability 20.04 Professional Qualifications 20.05 Archaeological Review 20.06 Development of Cultural Resources 20.07 Appeals 20.08 Enforcement 20.01 Purpose The purpose of this section is to establish guidelies and specifications e documentation and protection of archaeologieifffid. other aultural resources to encourage sensitive development within the Town aka: _Its intent is t6 preserve cultural resources within the Town and to protect an etuate the unique character of the geographic area where existing si archaebW cal remains, architecture, or other tangible records of past eras can -d uring valuA people of the Town in advancing education and appreciation oE667 aural heritag 20.02 Definitions For the purposes of t1n�Article a terms and p` ses listed below shall have the following meanings: ArchaeolnQical Resources Mat remains of past human activity and life, which are at least(50) years ofd. =Enid of hi 'nor pre - historic significance, including artifacts, monumen s and other cum al remains. Certificate of roval A -official form issued by the Town of Marana Planning Department stat at the applicant has satisfactorily implemented the approved mitigation plan for �tificant archaeological resource. Certificate of Appropriateness An official form issued by the Town of Marana Cultural Resources Preservation Board stating that the proposed work on a cultural resource is compatible with the historic character of the property and, therefore: (1) the proposed work may be completed as specified in the Certificate; and (2) the Town's departments may issue any permits needed to do the work specified in the Certificate. Certificate of No Effect An official form issued by the Town of Marana Planning • Department stating that no archaeological resources were identified in the archaeological Article 20 Protection of Cultural Resources Page 1 of 11 12/09/02 TOWN OF MARANA DRAFT LAND DEVELOPMENT CODE surveq and report, or that the archaeological resources that may be impacted by the proposed work have been determined not to be significant, or that proposed work involving one (1) or more significant cultural resources or sites will have no adverse effect on the character of the resources or sites and, therefore, work may proceed as specified in the certificate without obtaining further authorization under this article, and authorizing the issuance of any permits for said proposed work. Cultural Resource any prehistoric or historic district, site, building, structure, object, or landmark included in, or eligible for inclusion on, the National Register of Historic Places, the Arizona Register of Historic Places or the Marana H Register, including artifacts, records and material remains related to such propert re source. Cultural Resource Preservation Board a voluntary advisory bo five (5) members, appointed by the Mayor and approved byA2krdxyn Co which shall hear and consider matters of a legislative nature, of policq and`-of other cult r esource preservation functions as necessary. The Boa involv6 recommendations to the Town Council on matt" histor'q'preservation, i�uding developing, maintaining, and from time to time am jao:a pran for cultural"resource preservation in the Town of Marana. The Board shall'` provide public information and education on preservation, coord to re sources, an��mfer with other city, county, regional, state and national historic press y ton b oards and - mi ssions. Development The performance of any bilding operation, the making of any material change in the usem earance of,k " structur r land, the division of land into two (2) or more parc an -, reation or Frmination of access rights. "Development" includes, but is noji ed to, siWn activities ti the construction, reconstruction, or alteration of the size, o%r�ateri in the vernal appearance of a structure or land; commencem m ining asv sa g, or grading; demolition of a structure or removal of e"e refuse • d waste or fill; alteration of a floodplain, or bank of-a watercours Mitiatiolan A plan pared by a qualified archaeologist for the preservation, recovery, ex.tion, arclug, monitoring and/or documentation of one (1) or more significant arceological resources or sites. Records Search A mess whereby a qualified archaeologist searches for documentation witli the State Historic Preservation Office (SHPO) and the Arizona State Museum (ASM), including AZSITE (archaeological resource database maintained by SHPO), to determine if a particular site has been surveyed and inventoried. Article 20 Protection of Cultural Resources Page 2 of 11 12/09/02 TOWN OF MARANA DRAFT LAND DEVELOPMENT CODE 20X3' Applicability This Article shall apply to all development and ground disturbance within the Town of Marana, unless the development project is included in the exemptions listed below: 1. An archaeology survey and report is not required for the following exempt development projects: a. A private single - family residence on a single family lot. b. A non - residential development with one- /z) acre or less ground disturbance activity by the project. Thi jpt ion does not apply to a linear project, such as an undergroun�ility l lation, greater than one thousand (1,000) feet in lengtvith ObRgEground or below ground disturbance of greater thari tW&r(2) feet in WAIh or depth. A report by a qualified archaeo st on axecords check ll r equired to identify potential archaeffi resouces that may b - scovered or disturbed by construction. 2. Sections 20.05 G. and H.; dur still apply to any development project e AWqRfI Qm completiii a rchaeology survey and report. 3. An archaeol is not rez�d for a elopment project on previousl s tur and where W (50) percent or more of the land was built upo for to th current development project. This exemption applies to archaeoI l swiss only. A re,�errt by a qualified archaeologist on a records check 'd �itify potential archaeological resources . ;Tbe d iscoid or dis - ed by construction. Sections 20.05 G. and H., on disd N&g construction, still apply to a development project on previously dish bed lard" 4. 'Fhd�following approved and pending applications, as of the effective date of thidicle, and_hbsequent applications relying on the prior approvals listed are exert froj i the archaeology survey and report requirement. Sections 20.05 Go ' �F-I., on discoveries during construction, still applies to any development project exempt from completing an archaeology survey and report. a. Building permits. b. Single family residential lot splits into two or three lots. c. Preliminary and final plats. - s Article 20 Protection of Cultural Resources Page 3 of 11 12/09/02 TOWN OF MARANA DRAFT LAND DEVELOPMENT CODE 20.04 Professional Qualifications All documents and activities relevant to the management, preservation, and recovery of archaeological and historic resources will be prepared or undertaken by a qualified archaeologist and/or archaeological historian working under the appropriate State survey and recovery permits. Any study conducted by or endorsed by a qualified archaeologist must satisfy the Code of Ethics and Standards of Performance of the Society of Professional Archaeologists. A "qualified archaeologist" is a person who possesses the g minimum professional qualifications per the Secretary of the Interims Pr& sio nal Qualification Standards: A graduate degree in archaeology, anthropology&r closely related field; 1. At least one year of full -time profession or equivalent specialized training in archaeological research, admire ion or management; 2. At least four months of sup e ld and ana `e xperience in general North American archaeologyan 3. Demonstrated to carry r6kakh to co etion. In addition to these - minimum qVdifications, krofessional in prehistoric archaeology shall have at least oneygar of f tim professial experience at a supervisory level in the study of archae ologic 6urii =historic period. A professional in historic archaeol wave a t le ne year oTll -time professional experience at a supervisory level inlh o h aeological resources of the historic period. Five yearsrofessional ex erve as a substitute for the graduate degree requirement 20.05 ArchaeAogical Review A. All proposed development projects within the Town of Marana shall be reviewed for their potential impact on archaeological resources. The review process shall take one of two paths: . 1. If the proposed development is a federal or state undertaking (i.e. to take place on federal or state land, funding to come from federal or state agencies, or circumstances dictate federal or state agency regulation), the project must necessarily pass through the State Historic Preservation 9 Article 20 Protection of Cultural Resources Page 4 of 11 12/09/02 TOWN OF MARANA DRAFT LAND DEVELOPMENT CODE Office (SHPO) for compliance review. In which case, the Town of Marana shall be copied on all reports and other information regarding the status of the projects. Approval from SHPO shall be required before appropriate Town permits may be issued. 2. All other proposed development, those involving private land, private funding, etc., shall be reviewed by the Town of Marana in the process outlined below. B. With any application for development, the applicant may - de a letter from the Arizona State Museum (ASM) or SHPO containing a commendation on how development should proceed based on existing info iffi n. In lieu of a letter from ASM or SHPO, the applicant may submit a import - a qualified archaeologist that reviews all of the availabl o ftation a project area. At minimum, the report shall: 1. Determine whether the project eert previously surveyed for cultural resources. 2. Identify any previo archaeo ' a )or historic resources known to exist on thCTrope m the geis fil vicinity. 3. Stat th eTrob ability thaF ed arch ogical resources not visible frorrr the l ace would be�iiscovere( in the project area. 4. Mahaa inf recommetion as to whether an archaeological su rvey it prtaneeded. 5. De an archaeological and historic sites identified on the prop6if jtin eith a records check or a subsequent field survey. DetailsW ocatiorrmaps of such sites should be available from the archaeo 'st or consultant for staff review of this document. C. If the left mM or SHPO, or the qualified archaeologist's report, states that a field survey been completed and no significant resources were found, or that significant resources have been located on the site but the site's informational value has been exhausted, then a Certificate of No Effect shall be issued by the Planning Department, authorizing the issuance of appropriate permits for the proposed project. A Certificate of No Effect shall be issued, including any conditions: 1. If it is determined the proposed work is minor and clearly within ,adopted development guidelines; and Article 20 Protection of Cultural Resources Page 5 of 11 12/09/02 TOWN OF MARANA DRAFT LAND DEVELOPMENT CODE 2. If modifications to the ro osed work are requested b the Planning P p q Y g Department Staff after review, they are agreed to by the applicant; and 3. In any case the proposed work will not diminish, eliminate, or adversely affect the historic character of the subject property. D. If the qualified archaeologist determines through his/her records search that a field survey has never been performed for the site, or that the survey is outdated or incomplete, a field survey shall be completed by a qual archaeologist and be submitted to the Planning Department. E. If a Certificate of No Effect is not approved, a Cerdif cate shall be required to proceed with development accor -the foll procedures: 1. Town of Marana Planning Department Staff and/or arch consultants retained by the ` hall review the surveyW report and approve or disapprove of th &i , .ai "ed significance of archaeological resources impacted - the proposed development. The survey and report 8 ls o be returnedlY=the applicant for modifications by a q Iar chaeologi f t found to be incomplete and/or inaecura fw o wn Sta _ 2. Tow h all requir6 have a mitigation plan, in rep formand prepare a quah -Red archaeologist, submitted for ze when has been def that a significant archaeological site gists one roperty th s proposed to be impacted by de velopment TH ti gatio an will detail strategies for the management of the affect -sites Elude standards for: further testing, sampling strategidocunentation, data recovery (excavation), preservation and proteion, curation, analysis, and report preparation. Off -site �evelopents and ancillary construction (utility trenches, water and ` Rm! ge=treatment facilities, roads, etc.) shall also be investigated, evZu — ated, and treated by the same criteria as cultural resources within the proposed development site. The mitigation plan shall: a. Outline a resource assessment program to evaluate the significance of those resources to be affected by the proposed land use; Article 20 Protection of Cultural Resources Page 6 of 11 12/09/02 TOWN OF MARANA DRAFT LAND DEVELOPMENT CODE _ b. Outline an effective preservation plan or data recovery and documentation plan for those resources determined to have significant research or other value; c. Provide a schedule for the implementation of the accepted mitigation plan; and d. Provide a cost estimate for mitigation strategies, including testing, data recovery, curation and report preparation, as described in the mitigation plan. 3. To -,;n Staff shall review the mitigation plan-and may request technical assistance from ASM, SHPO and/or anqualifi&Mrchaeologist as appropriate and shall approve or deny the reconWanded mitigation plan within fifteen (15) workin gays after it is sub�nutted. If the plan is not approved as submitte aff shall advise the ap — Up —U t on the changes needed in the mitiatrolan fott to be approve" 4. In making a decision on the mitigaxplan, Town Staff shall consider methods to avoid, r or mitigate effects on historic and cultural resources, such as a' ti on easemen' ,b ile taking into consideration the current n th e propy owner and reasonable methods for carrying of the reco plan. Appropriate finan amp_ to be determined by the Town, must be po ,sied wi Town of Rarana for the implementation and completion a accepted mitigation plan. A Ce� �opoaLsl all be granted by Town Staff upon the .=� 'sf act ry _ n plem6 ritatbon of an approved mitigation plan. 6. Constnation a on the site may proceed once all the necessary excavates and .collecting of archaeological resources is complete. A final reps describing the collection and summarizing the finding is .due witUn one year after receiving a Certificate of Approval. A copy tith al report, and any other pertinent information regarding l_ nc properties, shall be sent to SHPO for recordation in their cultural resource inventory. F. In the event work is being performed without first having obtained a Certificate of No Effect or a Certificate of Approval, the Planning Director or designee shall contact the person performing the work and all work shall cease. The Town may seek an injunction and any other remedy at law or equity to enforce the stop order. G. When a previously unidentified archaeological site is discovered in the course of construction, the property owner immediately shall notify the Town of Marana Article 20 Protection of Cultural Resources Page 7 of 11 12/09/02 _ TOWN OF MARANA DRAFT LAND DEVELOPMENT CODE _ Planning Department. The property owner shall have a preliminary study made by a qualified archaeologist to determine the effect that the proposed development project may have on the site. The Town's consulting archaeologist, with concurrence from the qualified archaeologist hired by the property owner, shall evaluate on -site the significance of the archaeological finding as soon as possible. When the Town's consulting archaeologist and the qualified archaeologist hired by the property owner concur that no adverse effect on the archaeological site will take place, the project may proceed immediately. Where an adverse effect on a significant archaeological site will take place, the project shall comply with the Certificate of Approval process as described in Section W -t -of this article. H. In the event that human remains, including human s kef etal. remains, cremations, and/or ceremonial objects and funerary objects a4Tound_ - 7 ng discovery, scientific excavation or construction, ground dist urbing actin - 1jes shall cease in the immediate vicinity of the discovery. St ake lavo (ARS §41-9-44�arnd ARS §41- 865) requires that ASM be notified of ti-d iscovery of these remai o t hat, in consultation xvith Native American commu iti es or groups, ap ipriate arrangements can be made for their repatria on —an "d "reburial by cultural groups who claim cultural or religious affinity to the he remains shall be removed from the site pending the revi -:Hand decision ofd affected cultural groups and ASM. 20.06 DevelopmenCultural Resources When a building p is sougliffforn the Town to alter, remodel, move, build, or othe d evelo arr ` a r erty, which has been designated as historic by the Cu a st rcc Pr ,, ation o issuance of the permit shall be deferred until after a Certifica_b -UN E o r a Certificate of Appropriateness is obtained from the TAcav f Marana Plann-g De ent or the Cultural Resources Preservation Board. A. Cerfiate of No Effect 1. The P g Department shall issue a Certificate of No Effect if a. Itis determined the proposed work is minor and clearly within the adopted Historic Preservation Plan, and b. Any modifications to the proposed work requested by the Town of Marana are agreed to by the owner /applicant, and c. The proposed work will not diminish, eliminate, or adversely affect the historic character of the subject property or district. Article 20 Protection of Cultural Resources Page 8 of 11 12/09/02 TOWN OF MARANA _ DRAFT LAND DEVELOPMENT CODE 2. A Certificate of No Effect shall expire and become null and void two (2) years from the date of issuance unless construction work is started within that time. B. Certificate of Appropriateness 1. If a Certificate of No Effect is not issued, a Certificate of Appropriateness from the Cultural Resource Preservation Board shall be required. - The Town of Planning Department shall schedule a public hearing before the Cultural Resource Preservation Board within forty -five (45) days of the fifink ofan apphcatiori`for a`developiiient peri i Netiee ofthe application shall be posted on the property at4e `cast tern O) days before the date set for the public hearing. The Cult e Resources`P' f4zse rvation Board shall review the application for consistency with the Town=ofMarana Historic Preservation Plan, and after review the evidence presented 5 the hearing, the Board shall grant or deny the Ceri , &sate of App ropriateness, grant it with stipulations, or issue a Certificate of No Effect` - 3. In the event work is beini r or med without having obtained a Certificate of No Effect or _ ififica of Approg t ess, the Planning Director or designee shall coi tfiF� n performing the work and all 0 work cease. The Town may seek arLurnng_ d any other remedy at law or equity to enfop ,t he stop order,; - 20.07 App eals A. All appeals of aff determinations of the significance of archaeological sites, " _rtificates of Ni t, e' i Cates of Approval, Certificates of X14iropriateness a &disapproval of mitigation plans shall be made in writing by the aicant withu% five (5) days of the decision and shall be appealed to the Cultur a— MesourcesiKeservation Board. B. A hearing on _ap peals regarding cultural resources and procedures shall be scheduled for Cultural Resources Preservation Board within thirty (30) days of the request. The Board shall hold a hearing and can approve, disapprove, approve with stipulations or remand to the applicant for modifications the significance of cultural resource sites, the Certificate of No Effect, the Certificate of Approval, the Certificate of Appropriateness or the mitigation plan. C. The owner, applicant, or other aggrieved party may appeal the Cultural Resources Preservation Board's decision in writing to the Town Council within five (5) days of the Board's decision. Article 20 Protection of Cultural Resources Page 9 of 11 12/09/02 DRAFT LAND DEVELOPMENT CODE D. Town Council shall hear and decide the appeal within forty -five (45) days of the date on which the appeal is filed. Notice of the hearing shall be posted on the property at least ten (10) days prior to the hearing. 20.08 Enforcement A. Classification of penalty. lil�f ; Y'ass�i✓1 P rywsJt+A3 i... v- x7w.'.:..`r.wa.w:>+t"• -R'L+t A.Aw+rro+b+'K' +•N.1•t" - vfV o . _ 7� • i0Pi`W cti �;r' a'S� . ' ...,.a..swe,.. �•.wrr�.: e.. aa. �bYp ©�aTC3.�[;' par' fir., rz•�li . principal, owner, agent, tenant or otherwise who violates, or fails to comply with, any of the provisions: of Article 2 0 Protection of Cultural Resources, is subject to a civil sanction. 2. A second or subsequent violation of any of the provisions of Article 20 -02, Protection of Cultural Resotbr; es, �idthin a two -year period fol ov. - ' Q a fin�?ing of r- mons�ble r :67 r_.ivil viclation of phis �?rticle shall be guilty of a class one misdemeanor offense. I Each day any violation of any of - Article 20 -02, Protection of Cultural Resources, shall constitut sep arate violation. B. Penalties. 1. - ^ Upon a,findtrig of responsibl_to a civil violation, the court shall impose 7 cin�saa of b exceed one thousand dollars ($1,000.00), � orles s than tvo huridrfifty dollars ($250.00). 2. Upon= a :of a misdemeanor the court may impose a sentence in acc6fdance w.FAh the Marana Town Code and state law for class one misdemeanors. 3 = Addi remedies and penalties for violation of any section or other Fait. f Article 20 -02, Protection of Cultural Resources, are: a. Any person who alters, removes, relocates or demolishes any historic or archaeological resource in violation of this Article shall be required to turn over any such resource, artifact or object to the Town of Marana, and may be required to restore the archaeological resource to its appearance or setting prior to the violation. Any action to enforce this provision shall be brought by the Town of Marana. This civil remedy shall be Article 20 Protection of Cultural Resources Page 10 of 11 12/09/02 r.,.,, <. ...4..,_ TOWN OF MARANA DRAFT LAND DEVELOPMENT CODE in addition to, and not in lieu o ; any criminal prosecution and penalty. b. If any person removes or destroys an archaeological resource in violation of this Article, or removes such a resource from or on publicly -owned land or on a public ri ght -of -way without a permit, then the Marana business license of the company, individual, principal owner or its or his successor in interest initiating, (such as th:: developer or property owrier)'such removal or destruction, skall be revoked for a period of three (3) years. �F*^ i+ ty/' firii�°+ vW�' W7+ aI?' sFI w+ IG'*+ MbNt�'+'+ SAketi�WJrD'$ �► �4it+ sM{ t: S+ 1► HrtwY +w✓e^c++P4`Mw�.*w+tiv'4sat W +w�t+S.R'+W�a.Yr�Q�✓�:"'�'aw►�, Ivry. «i��,•y.�- pn.ww.+.M'�'�i Y�.A.�•S yr - ..i.t�:� Article 20 Protection of Cultural Resources Page 11 of 11 12/09/02 TOWN COUNCIL TOWN MEETING OF INFORMATION MARANA DATE: April 15, 2003 AGENDA ITEM: IX. B. 2 TO: Mayor and Council FROM: Brad DeSpain, Utilities Director SUBJECT: Resolution No. 2003 -33 Intergovernmental Agreement Regarding Permitting and Operating Managed In- Channel Recharge of Effluent in the Santa Cruz River Channel. DISCUSSION: The terms of an Intergovernmental Agreement (IGA) have been negotiated for a multi party project for managed recharge of effluent in the Santa Cruz River channel. The parties involved in the IGA are Cortaro - Marana Irrigation District, the Town of Marana, Avra Valley Irrigation and Drainage District, Flowing Wells Irrigation District, Metropolitan Domestic Water Improvement District, Pima County, the Town of Oro Valley, the City of Tucson and the Bureau of Reclamation. Discussions with the other jurisdictions and agencies have been ongoing over the past several months to develop a binding agreement to govern a jointly -held facility permit. The facility will encompass a 16+ mile stretch of the I Santa Cruz River from Ina Road north to Trico Road. The Arizona Department of Water Resources has issued a draft facility permit that is under review by the applicants. The applicants have verbally agreed to a delay in the issuance of the final permit to allow the parties to present the IGA to their respective governing bodies for consideration and adoption. It is anticipated that the federal review and approval will be completed prior to June 2003. The facility permit will cover a 20 year period, over which time the volume of effluent discharges to the river are projected by Pima County to increase from the current 55,500 acre -feet per year to approximately 85,000 acre -feet per year. The parties have reached a consensus, represented in the attached IGA among all parties. The general principles embodied in the IGA include: 1. The project will be operated as a facility jointly -held by all the participants. Upon qualifying, Cortaro Marana Irrigation District (CMID) will be the initial facility operator responsible for meeting the facility operating and reporting requirements as established by the Arizona Department of Water Resources. If CMID later chooses to withdraw as facility operator, the Town of Marana or other qualified participants may serve as subsequent operators. 2. The participants will form an operational group to make decisions on operating the facility consistent with the terms of the IGA. 3. The costs of operating the facility will be allocated to the participants in proportion to their effluent entitlement. 4. Any participant with a legal right to effluent in the stream channel may hold a storage permit and may accrue storage credits in the facility to the extent of that entity's effluent entitlement. UnUCBD /APM 04/09/039:05 AM Resolution No. 2003 - ?? y s 5. Any participant may withdraw from storage activities in the facility, with proper notice to allow for reporting requirements. 6. The participants agree to coordinate activities and planning regarding future diversions of effluent, modifications to the river channel which may affect the accrual of storage credits, and matters of effluent water quality and water treatment. - 7. Legal effluent diversions by Honea Farms and CMID, up to a maximum of 2,100 acre -feet per year, will be excluded from the storage calculations. The most controversial issue associated with this facility, the recovery of stored water credits within the Marana area, has not yet been fully resolved. The IGA provides that a recovery plan must be adopted within 3 years (5 years if the majority agrees to extend the deadline) or the facility permit will be terminated. At that time, any party may re- submit an application for a new facility permit, with the possibility that other parties may protest such application. Storage credits accrued in the interim may not be recovered within the Marana area except through wells of less than 50 gallons per minute capacity; however, these credits may be recovered outside the Marana area. Preliminary estimates have been developed for facility capital expenses and annual operating expenses. Marana's proportional share of initial capital expenses has been prepaid from 2002 budget. • The Marana Water Utility Advisory Committee recommends approval of the IGA by the Council. RECOMMENDATION: The Water Utility Advisory Committee and staff recommend the approval of the Intergovernmental Agreement regarding permitting and operating managed in- channel recharge of effluent in the Santa Cruz River channel. SUGGESTED MOTION: I move to approve Resolution No.2003 -33. • UTIUCBD /APM 04/09/039:05 AM Resolution No. 2003 - ?? l 7 MARANA RESOLUTION NO. 2003-33 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, ACCEPTING AND AUTHORIZING THE APPROVAL OF AN INTERGOVERNMENTAL AGREEMENT REGARDING PERMITTING AND OPERATING MANAGED IN- CHANNEL RECHARGE O F E FFLUENT I N T HE S ANTA C RUZ R IVER C HANNEL BETWEEN THE TOWN OF MARANA, CORTARO- MARANA IRRIGATION DISTRICT (CMID), AVRA VALLEY IRRIGATION AND DRAINAGE DISTRICT, FLOWING WELLS IRRIGATION DISTRICT, METROPOLITAN DOMESTIC WATER IMPROVEMENT DISTRICT, PIMA COUNTY, TOWN OF ORO VALLEY, THE CITY OF TUCSON, (COLLECTIVELY THE "LOCAL PARTIES ") AND THE BUREAU OF RECLAMATION ( "RECLAMATION "). WHEREAS, the Local Parties are empowered by A.R.S. Title 11, Chapter 1, Article 3 to enter into this Intergovernmental Agreement (IGA); and WHEREAS, the Local Parties, being located in the Tucson Active Management Area, rely on the same aquifers for water supplies and need a dependable long -term water supply for their residents and customers, have a community of health, safety and welfare concerns regarding the methods, manner and mechanisms for water management, including the storage and recovery of Effluent and the mechanisms required to successfully operate a recharge and recovery system. The Participants acknowledge that issues of Effluent water quality and water treatment are of importance to all water users in the region. The Participants further acknowledge that the region's water users would benefit from coordination of activities and planning in these areas; and WHEREAS, the Local Parties wish to operate an Effluent recharge and recovery system consistent with sound long -term aquifer management, preservation of groundwater quality and avoidance of the risk of subsidence; and WHEREAS, the Local Parties also wish to manage Effluent recharge and recovery activities in a manner to protect existing land uses and existing water supplies and to prevent and, where feasible, to remediate groundwater contamination. The Local Parties wish to recover Effluent credits within CMID and Marana in a manner that effectively utilizes existing water production assets available to CMID or Marana for recovery; and WHEREAS, the Local Parties wish to encourage sharing of data and coordination of research and planning activities regarding issues of water quality and water treatment related to the Facility; and Marana, Arizona Resolution No. 2003 -33 1 of 4 1 r WHEREAS, both the Local Parties and Reclamation have an interest in establishing a new managed in- channel recharge Facility along a certain stretch of the Santa Cruz River in order to establish additional control over the Effluent and to accrue underground storage credits for that recharged Effluent being discharged into the river channel; and WHEREAS, the Local Parties wish to facilitate, and Reclamation wishes to effectuate, the federal obligations to the Tohono O'odham Nation under the provisions of the 1982 Southern Arizona Water Rights Settlement Act ( "SAWRSA "); and WHEREAS, Reclamation will use the benefits received to help meet the Federal obligations under SAWRSA; and WHEREAS, both the Local Parties and Reclamation wish to work cooperatively toward the management of their water supplies, including Effluent, and, in particular, to establish mutually acceptable principles for the storage and recovery of Effluent; and WHEREAS, CMID and Marana desire to operate the new managed in- channel recharge Facility pursuant to a joint facility application that the Local Parties have filed with the Arizona Department of Water Resources; and WHEREAS, the Local Parties and Reclamation may eventually consolidate the Facility with the existing facility permit numbered #71- 545944 currently operated by the City of Tucson in order to form one continuous managed in- channel recharge facility within the channel of the Santa Cruz River and maximize storage of Effluent; and WHEREAS, the Mayor and Council find that the terms and conditions of the Intergovernmental Agreement are in the best interest of the Town. • Marana, Arizona Resolution No. 2003 -33 2 of 4 NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, accepting and authorizing the approval of the Intergovernmental Agreement Regarding Permitting and Operating Managed In- Channel Recharge of Effluent in the Santa Cruz River Channel between the Town of Marana, Cortaro -Marana Irrigation District, Avra Valley Irrigation and Drainage District, Flowing Wells Irrigation District, Metropolitan Domestic Water Improvement District, Pima County, the Town of Oro Valley, the City of Tucson, and the Bureau of Reclamation attached hereto as Exhibit "1" and incorporated herein by this reference. Be it further resolved that the Mayor and Town Clerk are authorized to execute the Agreement, and the Town's Officers and Employees are authorized to take all steps necessary and proper to implement the Agreement and carry out its intent and purpose. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 15 day of April, 2003. ATTEST: Mayor BOBBY SUTTON, JR. Jocelyn C. Bronson Town Clerk APPROVED AS TO FORM: Daniel J. Hochuli, Esq. As Town Attorney and not personally Marana, Arizona Resolution No. 2003 -33 3 of 4 EXHIBIT " 1 " Marana, Arizona Resolution No. 2003 -33 4 of 4 Y � INTERGOVERNMENTAL AGREEMENT REGARDING PERMITTING AND OPERATING MANAGED IN- CHANNEL RECHARGE OF EFFLUENT IN THE SANTA CRUZ RIVER CHANNEL This Intergovernmental Agreement dated this day of , 2003, is entered into by and between the CORTARO - MARANA IRRIGATION DISTRICT a political subdivision of the State of Arizona ( "CMID"), TOWN OF MARANA, a town organized pursuant to A.R.S. § 9- 231 et seq, ("Marand'), AURA VALLEY IRRIGATION AND DRAINAGE DISTRICT, a political subdivision of the State of Arizona ( "AVIDD "), FLOWING WELLS IRRIGATION DISTRICT, a political subdivision of the State of Arizona, METROPOLITAN DOMESTIC WATER IMPROVEMENT DISTRICT, a municipal subdivision of the State of Arizona ( "MDWID"), PIMA COUNTY, a body politic and corporate, a political subdivision of the State of Arizona ("Pima County "), TOWN OF ORO VALLEY, a town organized pursuant to A.R. S. § 9 -231 et seq, ("Oro Valley'), the CITY OF TUCSON, a political subdivision of the State of Arizona ( "Tucson7% (collectively the "Local Parties "), and the Bureau of Reclamation ("Reclamation"). SECTION I. RECITALS. The following recitals represent the general principles to which the parties have agreed. 1.1 The Local Parties are empowered by A.R.S. Title 11, Chapter 1, Article 3 to enter into this Intergovernmental Agreement (IGA). 1.2 The Local Parties, being located in the Tucson Active Management Area, rely on the same aquifers for water supplies and need a dependable long -term water supply for their residents and customers, have a community of health, safety and welfare concerns regarding the methods, manner and mechanisms for water management, including the storage and recovery of Effluent and the mechanisms required to successfully operate a recharge and recovery system. The Participants acknowledge that issues of Effluent water quality and water treatment are of g q Y importance to all water users in the region. The Participants further acknowledge that the region's water users would benefit from coordination of activities and planning in these areas. 1.3 The Local Parties wish to operate an Effluent recharge and recovery system consistent with sound long -term aquifer management, preservation of groundwater quality, and avoidance of the risk of subsidence. 1.4 The Local Parties also wish to manage Effluent recharge and recovery activities in a manner to protect existing land uses and existing water supplies and to prevent and, where feasible, to remediate groundwater contamination. The Local Parties wish to recover Effluent credits within CMID/CWUA and Marana in a manner that effectively utilizes existing water production assets available to CMID/CWUA or Marana for recovery. {A0003477.DOC4 x 1.5 The Local Parties wish to encourage sharing of data and coordination of research and planning activities regarding issues of water quality and water treatment related to the Facility. 1.6 Both the Local Parties and Reclamation have an interest in establishing a new managed in- channel recharge Facility along a certain stretch of the Santa Cruz River in order to establish additional control over the Effluent and to accrue underground storage credits for that recharged Effluent being discharged into the river channel. 1.7 The Local Parties wish to facilitate, and Reclamation wishes to effectuate, the federal obligations to the Tohono O'odham Nation under the provisions of the 1982 Southern Arizona Water Rights Settlement Act C'SAWRSA'). 1.8 Reclamation will use the benefits received to help meet the Federal obligations under SAWRSA. 1.9 Both the Local Parties and Reclamation wish to work cooperatively toward the management of their water supplies, including Effluent, and, in particular, to establish mutually acceptable principles for the storage and recovery of Effluent. 1.10 CMIDJCWUA and Marana desire to operate the new managed in- channel recharge Facility pursuant to a joint facility application ( "Application") that the Local Parties have filed with the Arizona Department of Water Resources. 1.11 The Local Parties and Reclamation may eventually consolidate the Facility with the existing facility permit numbered #71- 545944 currently operated by the City of Tucson in order to form one continuous managed in- channel recharge facility within the channel of the Santa Cruz River and maximize storage of Effluent. NOW THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties covenant and agree as follows: SECTION H. DEFINITIONS. The following terms have the meanings set forth below when capitalized in this IGA: 2.1 "ADWR" means the Arizona Department of Water Resources. 2.2 "Annual Meeting" means the mandatory meeting of the Participants required by Section 3.6, below. 2.3 "Application" means the application filed with the Arizona Department of Water Resources on May 1, 2002, by the Local Parties. 2.4 "Authorized Representative" means the person designated in writing P P � g to act on behalf of a Participant in performing this IGA. {A00034n.00c/} 2 • 2.5 "Capital Expenditures" means monetary or in -kind contributions to the capital infrastructure necessary to meet Facility Permit requirements. 2.6 "CWUA" means the Cortaro Water Users' Association, an Arizona non - profit corporation that acts as CMID's operating agent. 2.7 "Dues" means an annual fee paid by each Participant (initially $500), which is to be applied toward the basic annual maintenance and operation costs of the Facility. 2.8 "Effluent" means wastewater that has received a minimum of secondary wastewater treatment. 2.9 "Effluent Credit" means a storage credit issued by ADWR for Effluent stored in the Facility and includes annual storage and recovery as well as long -term storage credits. 2.10 "Facility" means that portion of the natural stream channel of the Santa Cruz River utilized to store Effluent underground under the terms of this IGA. 2.11 "Facility Operator" means that Participant responsible for compliance with the regulatory provisions of the Facility Permit. • 2.12 "Facility Permit" means the permit issued by ADWR for the Facility under facility permit number 71- 591928. 2.13 "Facility Plan of Operation" means the Facility Plan of Operation attached as Attachment 1. 2.14 "Interim Termination Date" means the date upon which all Participants agree to terminate the Facility Permit if the Marana -area Recoverers cannot agree to a Recovery Plan. If the Participants cannot agree upon a date to terminate the Facility Permit, the Interim Termination Date shall be December 31, 2005. If the Participants agree to one or more 12 -month extensions pursuant to Section 6.5 below, the Interim Termination Date shall be December 31, 2006 (one extension) or December 31, 2007 (two extensions) from the adoption of this IGA. 2.15 " Marana- area" means the area within the CMID/CWUA and Town of Marana boundaries as described in Attachment III. 2.16 "Marana -area Recoverers" means the City of Tucson, Bureau of Reclamation, Town of Oro Valley, Pima County, the Metropolitan Domestic Water Improvement District, Cortaro Marana Irrigation District/Cortaro Water Users' Association, and the Town of Marana. 2.17 "Participant" means any public agency signing this Intergovernmental Agreement, when recorded with the Pima County Recorder's Office or with Secretary of the (A0003477.00C4 3 State of Arizona, or any public agency added pursuant to a subsequent amendment to this IGA 2.18 " Recoverer" means any person withdrawing or desiring to: (1) withdraw Effluent or; (2) use Effluent Credits stored at the Facility. 2.19 "Recovery" or "Recover" means the actions of any Recoverer to use Effluent Credits stored in the Facility or withdraw Effluent stored at the Facility. Recovery excludes withdrawal or use of Effluent Credits to replace existing rights to pump water for the benefit of the Recoverer's customers within Marana. 2.20 "Recovery Plan" means that plan for Recovery of Effluent Credits from the Marana- area. 2.21 "Safe Harbor" means that area within one mile from the outside bank of that reach of the Santa Cruz River within the Facility. 2.22 "Storer" means a person holding a storage permit to store Effluent in the Facility. 2.23 "Voting Rights" means the rights acquired by any Participant that contributes to the Capital Expenditures related to the permitted Facility, that is current with respect to the payment of Dues and fees, and that has not permanently withdrawn A from participation in storage activities. The initial Participants with Voting Rights are: Bureau of Reclamation, Cortaro Marana Irrigation District, the Town of Marana, the Metropolitan Domestic Water Improvement District, the Town of Oro Valley, Pima County, and the City of Tucson. Other Participants may acquire Voting Rights by paying their proportional shares of prior capital expenses, based on an accounting of such costs that is approved pursuant to Section 3.2, below. 2.24 "Voting Participants" means those Participants with Voting Rights. SECTION III. GENERAL PRINCIPLES. 3.1 The Local Parties have already filed an Application for the Managed Recharge Facility Permit; upon issuance by ADWR of the Facility Permit, Participants agree to share the cost of Capital Expenditures and operational costs associated with the Facility Permit in accordance with the Facility Plan of Operation. 3.2 The Authorized Representatives of the Voting Participants, consistent with this IGA, may: (1) authorize the use of the Facility by qualified non - Participants; (2) establish the procedure consistent with Section 3.6.1, below, by which the Participants may exercise their right to withdraw from active participation in storage activities in the Facility; (3) extend the Facility to include the northernmost • effluent - wetted reach of the Santa Cruz River; (4) amend the operational provisions of the Facility Plan of Operation; (5) allocate extraordinary costs of operation beyond the threshold amount established therein, unless the (AW0477.00U) 4 extraordinary costs of operation to be allocated among the Participants exceed three hundred thousand dollars ($300,000), and an individual Participant or group of Participants has not agreed to be solely or jointly responsible for costs in excess of $300,000; or (6) establish procedures to implement this IGA and coordinate and ensure operation of the Facility. 3.3 The procedure that the Authorized Representatives shall follow to make decisions is set forth as follows: 3.3.1 Meetings: The Facility Operator shall, upon its own initiative, or at the request of a Participant, schedule meetings of Participants as necessary to meet the Facility Operator's needs for data required to operate the Facility, to resolve Facility - related issues among the Participants, to expeditiously resolve any discrepancies . within the draft annual storage report, or to enable timely filing of the report. The Facility Operator may schedule an item for inclusion on the agenda of a meeting established pursuant to Section 3.6, below. 3.3.2 Chair: The Facility Operator shall preside over all duly called meetings. In the event of the absence of the Facility Operator, the Voting Participants in attendance at the meeting may select a chair from the Voting Participants. The Facility Operator or selected chair shall be responsible for securing the preparation of the meeting minutes. 3.3.3 Voting Rights: Each Voting Participant shall have one vote. � � g P 3.3.4 Majority Vote: Decisions must be authorized by a majority of the Authorized Representatives of all Participants with Voting Rights at the time of the vote. Such majority shall be determined on the basis of the entire number of Voting Participants, not by the number of Participants' Authorized Representatives present at a particular meeting. In the case of a tie, there shall be no alterations to the status quo, with the exception that, in the event of tie vote regarding a decision that must be made in order to remain in compliance with the Facility Permit, the Facility Operator shall have the authority to take any action that it reasonably determines is essential to maintaining compliance with the Facility Permit. 3.4 Participants shall have access to and use of the Storage Facility, the right to obtain Storage Permits associated with the Facility, and to withdraw from the Facility Permit, consistent with this IGA. The Facility Operator shall provide ADWR with such evidence of consent to use the Facility as may be required for a Participant to secure a Storage Permit related to the Facility. 3.5 No Participant shall be required to store Effluent in the Facility. 3.6 There will be at least one annual meeting of the Authorized Representatives of Participants to review the previous calendar year's Facility operations and draft {A0003477.DO01 5 i t annual report. During the annual meeting, the respective Authorized Representatives shall also provide notice of the amount of Effluent each Participant intends to store the next calendar year and a projection of the amount of Effluent that each Participant anticipates to store for the next two calendar years. Such information shall include information relevant to the following: 3.6.1 Changes in the Points of Discharge, Diversion From the Facility, Withdrawal from Storage at the Facility and Scheduling of Effluent for Storage: Notice of any changes shall be given by or before the end of the calendar quarter preceding the final quarter of when the change is to occur in order to meet ADWR reporting requirements for the Facility Permit. Said notice will be provided to the Operator and other Participants. Notice shall include the location of said diversion, quantity to be diverted, the schedule for diversion, and other information as may be required to meet ADWR requirements for reporting. 3.6.1.1 Participants withdrawing from storage activities during any calendar year shall pay Dues for the calendar year as indicated in the Facility Plan of Operation, and shall pay for operations and maintenance costs on a proportional basis to the credits accrued for that calendar year, as indicated in the . Facility Plan of Operation. 3.6.1.2 Participants permanently withdrawing from participation in storage activities shall pay Dues for the then - current calendar year as indicated in the Facility Plan of Operation, and shall pay for operations and maintenance costs on a proportional basis to the credits accrued for that calendar year, as indicated in the Facility Plan of Operation. Such Participants shall not be required to pay any additional Dues or operational costs or any other expenses during any subsequent calendar year. 3.6.2 Projects that may Effect the Amount of Water in or Recharged by the Facility: Any Participant shall provide other Participants written notice before implementation of any project that would alter the amount of water discharged to the Facility, increase the cost to operate the Facility, or disrupt the ability to measure or record Effluent Credits. This notice will be provided in time to allow the other Participants to meet ADWR reporting requirements for the Facility, and shall be provided no less than 6 months before implementation of any such project. 3.6.3 Channel Modification Activities: Participants shall provide the Facility Operator with written notice sufficient to meet reporting requirements for the Facility before conducting any channel (A0003477.DOC/) 6 i modification that will significantly impact storage volumes. Maintenance or re- construction of existing diversions does not require notification. 3.7 The purpose of Sections 3.5 and 3.6, above, is to both facilitate reporting compliance and to assist in the mutual planning by the Participants. Timely provision of information under these Sections is a material term of this IGA. 3.8 The Facility Operator has no duty and may not take any action requiring the expenditure of funds unless the Participants have authorized their expenditure, or funds are otherwise available and may be legally obligated by the Facility Operator. 3.9 The Facility Operator shall not be responsible for maintaining diversion works or other facilities not directly related to operation of the Facility. SECTION IV. FACILITY OPERATION. 4.1 CMID/CWUA will be the initial Facility Operator, and it is agreed that CMID has contracted with CWUA to perform various activities on its behalf with regard to this IGA 4.2 The Facility Operator shall operate the Facility in accordance with the Facility Permit requirements and the Facility Plan of Operation. 4.3 The Facility Operator shall prepare and file reports as required by ADWR for the Facility in accordance with the Facility Permit and the Facility Plan of Operation. 4.4 All Participants shall transmit to the Facility Operator, in a timely fashion, the data necessary for compliance relating to Facility operation, including but not limited to: data supporting Effluent Credit calculations; the volume of Effluent diverted prior to discharge; and the volume of Effluent diverted from the channel and the point of diversion. If a Participant does not supply the Facility Operator with data necessary to meet the ADWR reporting requirements, the Facility Operator may, at the Facility Operator's discretion, elect to not report that Participant's storage during the relevant reporting period. 4.5 All Storers shall submit to the Facility Operator all data necessary to demonstrate compliance with the Facility Permit, the Facility Plan of Operation, the Recovery Plan, and any Recovery Permits. 4.6 All Participants shall have access to data submitted by all other Participants for preparation of the required reports, except for any information returned by the Facility Operator as unnecessary or mistakenly provided. 4.7 The Facility Operator shall establish a central location for storage of data and records relating to Facility operation. {A0003477.DOC/) 7 4.8 The Facility Operator, subject to the approval of a majority of the Voting Participants, may contract with other qualified parties to meet the operational requirements of the Facility. Any contract entered into by the Facility Operator prior to approval of a majority of the Voting Participants shall expressly provide that it is being executed subject to the right of the Voting Participants to review and approve the agreement, and no Participant shall be obligated until and unless it approves the contract. 4.9 The Facility Operator or designee, subject to the approval of a majority of the Voting Participants, shall contract with USGS, or other qualified parties, as necessary to maintain, upgrade, or replace stream- gaging stations required to operate the Facility. Unless otherwise agreed pursuant to Section III, above, the costs for upgrading, maintaining, or replacing the necessary stream gages shall be apportioned proportionally between the Participants approving the contract, based upon the annual Effluent Credits obtained pursuant to Section 5.5, below. Should any Participant decline to approve such a stream gage improvement contract, the Facility Operator shall calculate the Effluent Credits available to that Participant on the same basis as such Credits would be calculated if the necessary improvements had never been constructed. 4.10 All Participants shall allow access to water level data from monitoring wells required for continued Facility operation, so long as these monitoring wells remain under their control, even if the Participant withdraws from active participation in the Facility. Alternatively, the remaining Participants may be allowed physical access to the wells to obtain water level data. 4.11 No Participant shall, without the consent of the other Participants, sell, transfer or convey a monitoring well to a non - Participant, unless the acquirer consents to continue providing the water level data required under the terms of the Facility Permit. 4.12 The Town of Marana may assume operation of the Facility if the initial Facility Operator withdraws. If the Town of Marana decides not to assume operation of the Facility, the Participants shall select another qualified Participant as Facility Operator pursuant to Section III, above. Under any circumstance, the then current Facility Operator always shall provide one hundred eighty (180) days notice of intent to withdraw in order to allow the Participants to select another qualified Facility Operator. SECTION V. CALCULATION AND DISTRIBUTION OF EFFLUENT CREDITS 5.1 For the sole purpose of calculating Effluent Credits pursuant to this IGA, entitlements to Effluent are determined by: 5. 1.1 The 1979 Pima County /City of Tucson Sewer Transfer IGA; {AOOM477.DOC/} 8 5.1.2 The 1983 City of Tucson/United States Effluent Contract as provided for in the 1982 Southern Arizona Water Rights Settlement Act; 5.1.3 The 2000 Supplemental Effluent IGA (Conservation Effluent Pool); 5.1.4 2001 City of Tucson/Metropolitan Domestic Water Improvement District IGA; 5.1.5 2001 City of Tucson/Oro Valley IGA; 5.1.6 Subsequent IGAs entered into between any Participant and other water providers with respect to that Participant's entitlement to Effluent; 5.1.7 Other future Effluent entitlements consistent with State law. 5.2 During any calendar year, the Participants agree to exclude water actually diverted pursuant to Water Right No. 33 -87616 (Hones. Farms) and Water Right No. 33- 43288 (CMID), up to a maximum of 2,100 acre -feet per year from the amount of Effluent recharged in the Facility. 5.3 For the sole purpose of calculating Effluent Credits pursuant to this IGA, in the event of conflicting planned uses, Effluent entitlements may be limited to a daily, proportional flow from each metropolitan wastewater treatment plant. • 5.4 For the sole u se of calculating Effluent Credits pursuant to this IGA, annual P � g P entitlements to Effluent Credits are based on total annual Effluent entitlements minus any flow diverted prior to discharge to the river channel and minus any flow diverted from the river channel, in accordance with Attachment II, Effluent Recharge Calculation, subject to future Effluent entitlements consistent with State law. 5.5 For the sole purpose of calculating Effluent Credits pursuant to this IGA, annual Effluent Credits shall be distributed on the basis of proportional annual entitlements to Effluent, as set forth in Attachment II, subject to future Effluent entitlements consistent with State law. SECTION VI. DEVELOPMENT OF A RECOVERY PLAN PRIOR TO RECOVERY OF STORED EFFLUENT FROM THE MARANA -AREA 6.1 No Effluent Credits stored at the Facility shall be Recovered within the Marana- area through a well with greater than 50 g.p.m. capacity without the adoption of a Recovery Plan. If the Facility is terminated pursuant to Section 6.4, below, Participants shall comply with the provisions of Section 6.4.3. 6.2 Following the adoption of this IGA, the Marana -area Recoverers will meet at least once every eight (8) weeks to make a good faith effort to develop the Recovery Plan. All Participants may attend these Recovery Plan development meetings. The {A00W477.D0C4 9 Recovery Plan shall be adopted upon unanimous approval of the Authorized Representatives of the Marana -area Recoverers. 6.3 If the Recovery Plan is not adopted by June 30, 2005, a majority of the Participants may agree to extend the time to develop the Recovery Plan for no more than two 12 (twelve) month extension periods, until June 30, 2006, and June 30, 2007. 6.4 If the Recovery Plan is not adopted before June 30, 2005, or within any adopted 12- month extension period, the Participants agree to the following Facility termination process: 6.4.1 By July 31, 2005 (if no extension is approved), or within 1 month of the end of any approved 12 -month extension period, all Participants shall provide ADWR with their respective notices to terminate the Facility Permit on the Interim Termination Date. 6.4.2 No less than six (6) months after the Interim Termination Date, the Facility Operator shall prepare a final report of Effluent Credits earned and an accounting of costs and expenses incurred for the Participants. Participants shall reimburse the Facility Operator for any outstanding costs or assessments in accordance with this IGA. i 6.4.3 No Effluent Credits stored at the Facility shall be Recovered within the Marana -area boundaries without the consent of Marana (if Recovery occurs within the Marana boundaries but without the CMID/CWUA boundaries), or CMID/CWUA (if Recovery occurs within the CMID/CWUA boundaries but without the Marana boundaries), or both Marana and CMID/CWUA. 6.5 The Marana -area Recoverers agree that consent to the Recovery Plan to be developed pursuant to this section will not be unreasonably withheld. 6.6 The Recovery Plan will, to the greatest extent practicable, be developed in accordance with the following principles: 6.6.1 Any Recoverer proposing to recover Effluent Credits within the Marana- area will do so in a manner consistent with sound long -term aquifer management in the Marana -area, preservation of Marana -area groundwater quality, effective use of existing Marana -area infrastructure, and avoidance of risk of subsidence in the Marana -area; 6.6.2 The Recovery Plan will be designed to recover the Effluent actually recharged in the Facility, 6.6.3 The Recovery Plan will be designed to avoid reaching the groundwater elevation operational prohibition limits contained in the Facility Permit that {A0003477.DOC/} 10 2 apply to Pima County's Tangerine Landfill. Should it be necessary that Recovery occur preferentially in the area surrounding the Landfill in order to avoid reaching the operational prohibition limits, and should the cost of such preferential Recovery be more than the cost of Recovery without reference to these limits Pima County will be responsible for the marginal cost difference, on a per -acre foot basis, for such preferential Recovery. This section shall not be construed to require any Participant to Recover from the area surrounding the Tangerine Landfill. 6.6.4 The Recovery Plan will limit the amount of Effluent recovered within the Safe Harbor of the Facility during any calendar year, to no more than 62.5% of the total amount of Effluent recharged within the Facility in the previous year; in the event that the Participants' cumulative recovery pursuant to Section 6.6.5 within the Safe Harbor of the Facility may exceed this 62.5% threshold during a particular calendar year, no single Participant shall have the right to pump more than 62.5% of the Effluent that the Participant stored in the Facility during the previous calendar year from within the Safe Harbor of the Facility. 6.6.5 Exception: In the case of a water shortage or water emergency, including the need to deliver water during shortage years or during interruptions of Central Arizona Project deliveries, Participants agree to allow short-term recovery of Effluent Credits in excess of 62.5% of the total amount of Effluent recharged within the Facility in the previous year. Such recovery shall minimize detrimental long -term aquifer impacts. 6.6.6 Nothwithstanding Sections 6.6.4 and 6.6.5, Recovery of Effluent Credits within the Marana -area south of the Rillito Narrows shall not exceed the amount of Effluent Credits actually recharged within the Marana -area south of the Rillito Narrows, as calculated over a 10 -yeas rolling average. 6.7 Nothing in this IGA shall prevent any of the Participants from developing Marana -area recovery plans for the recovery of other water or other recharge credits obtained from other permitted recharge facilities. 6.8 The adoption of a Recovery Plan shall not preclude the Marana -area Recoverers from unanimously adopting subsequent amendments to the Recovery Plan. 6.9 In the event Arizona law is altered to eliminate, in whole or in part, the current restriction on the maximum recovery or accrual of Effluent Credits to 50 of the recoverable amount of Effluent stored in the Facility during any calendar year, the Marana -area Recoverers shall meet and in good faith, discuss whether amendments to the Recovery Plan and this IGA are appropriate. 7. SECTION VII. RECOVERY OF EFFLUENT CREDITS STORED AT THE FACILITY (A000 3477.00cI} 11 7. 1. Before seeking any permit for Recovery within the Marana -area, Recoverers will offer CMID/CWUA or Marana the opportunity to submit a proposal to recover the Effluent Credits. 7.2. CMID/CWUA or Marana may, at its sole discretion, submit an itemized proposal to recover all or a portion of the Effluent Credits, in accordance with the Recovery Plan, within seventy -five (75) days of receipt of the Recoverer's offer to submit. In the absence of a recovery proposal from CMID/CWUA or Marana, the Recoverer may proceed with the application for a recovery permit in accordance with the Recovery Plan. 7.3. Within forty five (45) days of submission of CMID /CWUA's or Marana's proposal, the Recoverer may notify CMID/CWUA or Marana of its acceptance of CMID /CWUA's or Marana's proposal or provide CMID/CWUA or Marana a good faith itemized estimate of the costs it expects to incur if the Recoverer constructs and operates the recovery facilities. Should the Recoverer's estimate for the recovery of the Effluent Credits be less than the amount of CMID/CWUA's or Marana's proposal, CMID /CWUA or Marana may, at its sole discretion, submit a revised recovery plan proposal within forty -five (45) days of receipt of the Recoverer's estimate. Should CMID/CWUA or Marana decline to match the Recoverer's recovery proposal, the Recoverer may proceed with the application for a recovery permit in accordance with the Recovery Plan. 7.4. In the event the Recoverer rejects a CMID/CWUA or Marana recovery plan proposal within the Marana -area that is consistent with the Recovery proposal and costs no more to implement and operate than the Recoverer's proposal, the Recoverer shall not seek a permit for Recovery in the Marana - area. Such a proposal will be considered to be consistent if it: (1) provides: comparable quantity and quality of recovered Effluent to the Recoverer; (2) costs no more than the Recoverer's proposal; and, (3) provides a similar timing and pattern of delivery of the Effluent to the place of delivery identified by the Recoverer. A CMID /CWUA proposal to Recover some or all of the Effluent Credits actually recharged within the Marana -area south of the Rillito Narrows from locations north of the Rillito Narrows shall not be a basis for rejecting the CMID /CWUA or Marana recovery proposal. 7.5. If a Participant wishes to recover Effluent Credits within three (3) miles of the Tohono O'odham Reservation's exterior boundary, the Participant first shall obtain the consent of the Tohono O'odham Nation to the location of any recovery well. 7.6. Any transfer or sale of Effluent Credits shall include the limitations on recovery of Effluent Credits contained in Section 6 and Section 7, above, and otherwise be consistent with this IGA. 7.7. Other than as provided in this IGA, any Participant may recover Effluent Credits consistent with applicable Arizona law. SECTION VIII. FUTURE PLANNING (A000 77.00C4) 12 8.1 The Participants agree to share available data regarding Effluent water quality and treatment issues and agree to work cooperatively in their future efforts regarding these issues. 8.2 The Local Parties agree to develop a specific plan for implementing the requirements of Section 8.1 within the first twelve (12) months of Facility operation. If the Local Parties so agree, the Recovery Plan developed pursuant to Section 6, above, may be substituted for the requirements of this section. SECTION IX. MISCELLANEOUS PROVISIONS 9.1 Force Majeure In the event any Participant is rendered unable, wholly or in part, by force majeure reasons to carry out its obligations under this IGA, the obligations of the other Participants so far as they are affected by such force majeure shall be suspended during the continuance of any inability so caused, but for no longer period; and such cause shall be so far as possible remedied with the best efforts of the disabled Participant and with all reasonable dispatch. The term "force majeure" as employed in this IGA shall mean acts of God, strikes, lockouts or other industrial or labor disturbances, acts of the public enemy, wars, blockades, insurrections, riots, epidemics, land slides, lightning, earthquakes, fires, storms, floods, washouts, droughts, unavoidable interruptions in electric power to drive pumps, interruptions by government not due to the fault of Participants including injunctions, civil disturbances, explosions, well collapses, breakage or accident to machinery or transmission facilities, or action or non - action by governmental bodies in approving or failing to act upon applications for approvals or permits which are not due to the negligence or willful action of the Participants. Nothing herein contained shall be construed as requiring any Participant to settle a strike or labor dispute against its will. Nothing herein shall prohibit any Participant at its own expense from using whatever self -help remedies may be available to it. 9.2 Precedential Effect This IGA, the Facility Permit, any Storage Permits, and Recovery Permits or any actions taken or any determinations made by the Participants or ADWR in furtherance thereof regarding the validity, invalidity, nature, legal character, extent or relative priority of a water right or source of water is not binding on the Participants for any other purpose, and shall not create a presumption of the validity, invalidity, nature, legal character, extent or relative priority of a water right or water source in any other administrative proceeding or any judicial proceeding, other than in an action to enforce this IGA. This IGA, the Facility Permit, any Storage Permits, the Recovery Permits, or any actions taken in furtherance thereof shall in no way preclude any Participant from applying for or challenging any future facility permits, or any storage or recovery permits associated with any future facility permit issued pursuant to A.R.S. § 45- 801.01 et seq, or waive any legal objection or theory that may be raised in support of or against such application. {A0003477.DOCI 13 ( A 9.3 Notwithstanding Section 9.2 above, while this IGA is in effect, no Participant shall challenge the calculation and distribution of Effluent Credits, the Participants' ability to store Effluent at the Facility, or the deductions of surface water diversions consistent with Section 5, above. This section shall not be construed to preclude any Participant from raising any defense or claim in any subsequent or concurrent proceeding, other than any proceeding relating to the Permits under this IGA, involving that Participant's claim to rights to use any kind of water in the Santa Cruz River or tributaries thereof. 9.4 Compliance with Laws: To the extent applicable to each Participant, the Participants shall comply with federal, state and local laws, rules regulations, standards and executive orders, without limitation to those designated within this Agreement. 9.4.1 Anti Discrimination: The provisions of A.R.S. § 41 -1463 and Executive Order 75 -5, as amended by Executive Order 99 -4, issued by the Governor of the State of Arizona are incorporated by this reference as a part of this Intergovernmental Agreement as if set forth in full herein. 9.4.2 Americans with Disabilities Act. This Agreement is subject to 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, the pertinent provisions • of which are incorporated into and made part of this IGA as if set forth in full herein. 9.4.3 Conflict of Interest: This Agreement is subject to termination for conflict of interest pursuant to A.R.S. §38.511, the pertinent provisions of which are incorporated into and made part of this IGA as if set forth in full herein. 9.4.4 Open Meeting Law: The Participants shall comply with the Arizona Open Meetings Law, A.R.S. §38 -431, et seq., to the extent applicable to meetings of the Participants. 9.5 Default In the event of default by any Participant for failure to perform pursuant to the terms of this IGA, the non - defaulting Participants shall notify the defaulting Participant of the default. Said notice(s) shall be in writing and shall state the facts constituting default, including the date and time (if possible) such default is deemed to have occurred, and shall further set forth what action is necessary in the non- defaulting Participants' opinion to cure the default. If the non - defaulting Participants deem no cure possible, the notice(s) shall so state. The defaulting Participant shall have a reasonable time from notice to cure the default. In the event the default is not cured within such time, the Participants shall meet at least once to attempt to resolve said differences. It is agreed that at the time when the Participants are attempting to resolve their differences with respect to an alleged default, the Participants shall continue to fulfill their obligations pursuant to the {A0003477. DOC/) 14 balance of the provisions of this IGA and such continuance shall not in any way waive the default. If, at the end of sixty (60) days from the date of notice of default, the Participants are unable to resolve their differences, then the Participants shall have all rights and remedies available to them under law including specific performance. 9.6 Attorney's Fees In the event of any litigation between the Participants to enforce any provision of this IGA or any right of either Participant hereto, the unsuccessful Participant to such litigation agrees to pay to the successful Participant all reasonable costs and expenses, including reasonable attorney's fees, incurred therein by the successful Participant, all of which shall be included in and as part of the judgment rendered in such litigation. Reclamation may be exempted from the requirement to pay attorney's fees if such a requirement is contrary to case law or written federal regulations or policies. 9.7 Assignment of eement No Participant shall have the right to assign this IGA or any interest herein except to their respective successors. This Section shall not limit the Participant's rights to assign, transfer, or sell Effluent Credits consistent with Section VII. 9.8 Notices All notices shall be in writing and together with other mailings pertaining to this IGA shall be made to: A. The City and Town Managers of Tucson, Oro Valley, and Marana; B. The County Administrator of the Pima County; C. The Managers of CMID, FWID, and MDWID; D. The Chairman of the Board of the Cortaro Water User's Association; E. The Phoenix Area Office Manager of the Bureau of Reclamation; F. With a copy to the Attorney of Record for each respective Participant. or as otherwise specified from time to time by each Participant. 9.9 Waiver Waiver by any Participant of any breach of any term, covenant or condition herein contained shall not be deemed a waiver of any other term, covenant or condition, or any subsequent breach of the same or any other term, covenant, or condition herein contained. 9.10 Amendment This IGA shall not be amended except by written instrument mutually agreed upon and executed by the Participants. 9.11 Entire eement This IGA, its Exhibits and its recitals which are included herein, constitute the entire agreement between the Participants, and includes all prior oral and written agreements of the Participants. All warranties and guarantees and representations shall survive during the life of this IGA. 9.12 Construction and Interpretation All provisions of this IGA shall be construed to be consistent with the intention of the Participants expressed in the recitals hereof. {A0003477DDOC!} 15 } 9.13 Time of the Essence: Time is of the essence in the exercise of all rights and the discharge of all responsibilities and obligations by each of the Participants hereto. 9.14 Authority Each of the undersigned Local Parties represents it has properly and legally authorized and executed this IGA. 9.15 Legal Jurisdiction Nothing in this IGA shall be considered as either limiting or extending the legal jurisdiction of any Participant. 9.16 Severability In the event that any provision of this IGA or the application thereof is held invalid, such invalidity shall have no effect on other provisions and their application which can be given effect without the invalid provision, or application, and to this extent the provisions of this IGA are severable. 9.17 Contingent upon Appropriation or Allotment of Funds The expenditure or advance of any money or the Performance of any obligation by the United States or any other Participant, in any of their respective capacities, under this Agreement shall be contingent upon appropriation of funds therefor. In the event funds are not appropriated, no liability shall accrue to the United States or any other Participant, in any of their respective capacities. No Participant shall be obligated to expend funds for Dues, operational costs, capital expenditures, or any other costs or expenses, except as expressly detailed in the Facility Plan of Operation, unless such expenditure is expressly authorized by each Participant, who must also appropriate the required funds. 9.18 Alternative Dispute Resolution The following non - binding alternative dispute resolution process shall be followed for any dispute between the Participants arising under this IGA: 9.18.1 The disputant Participants shall meet and confer about any controversy or claim arising out of or related to this IGA, or the breach thereof, in an, attempt to resolve the matter. If the matter cannot be resolved between the respective Participants, each shall appoint one arbitrator to a three -party panel of arbitrators who will decide the dispute. The appointment of the two arbitrators will occur within thirty (30) days of the meeting referred to above. 9.18.2 Arbitrators appointed to the arbitration panel should be skilled and experienced in the field or fields that pertain to the dispute. The two selected arbitrators shall meet within 30 days of the later of the two arbitrator's appointment, and at their first meeting they shall appoint a third neutral arbitrator to complete the arbitration panel. The third arbitrator shall act as a chairperson of the arbitration panel and shall direct the arbitration proceedings. {A0003477.DOG} 16 9.18.3 The arbitration process shall be limited to the matter submitted by the respective Participants. The arbitration panel shall not rewrite, amend, or modify this IGA or any other agreement or contract between the Participants. 9.18.4 There shall be no discovery beyond the information and documents made available during the informal meet and confer process provided for in this section and the exchange of information or documentation provided for in this IGA. 9.18.5 No formal evidentiary hearing shall be provided unless one is requested by either Participant in writing, at the same meeting that the neutral arbitrator is appointed. Assuming that no hearing has been requested, the arbitration panel will meet as deemed necessary by the panel and shall, in a manner it deems appropriate, receive evidence, receive argument or written briefs from the respective Participants, and otherwise gather whatever information is deemed helpful by the panel. The arbitration process to be followed shall be informal in nature, and the respective Participants shall not be entitled to trial -type proceedings under, for example, formal rules of evidence. 9.18.6 In the event that either Participant requests a hearing, the arbitration panel shall meet to receive evidence, receive argument and written briefs from the respective Participants as follows: 9.18.6.1 The arbitration panel shall, within five (5) days of the appointment of the neutral arbitrator, schedule a date for a hearing that shall be held within sixty (60) days of the appointment of the neutral arbitrator. 9.18.6.2. Within ten (10) days of the appointment of the neutral arbitrator, the Participants shall each submit a brief of no longer than fifteen (15) pages setting forth its case. The brief shall include discussion of all issues relevant to the party's case. Each party shall, as an attachment to its brief, include declarations of not more than two experts and any relevant factual witness. Declarations of expert witnesses must include all opinions to be elicited upon direct testimony and a complete explanation of the basis of these opinions. Disputes with respect to the sufficiency of declarations or the appropriateness of the testimony shall be resolved by the witnesses available for cross- examination at the time of the arbitration hearing. Factual witnesses for whom a declaration is prepared shall be made available for cross - examination at the time of the arbitration hearing only if requested by the other party. {ao0034T7.DOC/} 17 t 9.18.6.3 Each party shall have the opportunity, within five (5) days of the close of hearing, to submit a closing brief not to exceed ten (10) pages. The closing brief shall be argument with no additional factual evidence to be submitted. 9.18.6.4 There shall be no testifying witness on direct except for expert witnesses. 9.18.6.5 Each party shall have a maximum of four (4) hours to present its case in total. This time shall include opening and closing statements, direct presentation and any cross- examination of the other party's witnesses. Each party shall have the right to reserve part of its time to present up to one (1) hour of rebuttal testimony. 9.18.6.6 The matter shall be deemed submitted at the submission of closing briefs. 9.18.6.7 The panel of arbitrators shall render its final decision in the dispute within sixty (60) days after the date of naming the third arbitrator. If the arbitrators disagree as to the determination, any two of the three arbitrators may join to • form a majority and the decision of those two arbitrators will be final for the panel. The panel will issue a written decision for the Participants. 9.19 If either Participant declines to accept the decision of the arbitration panel, it may initiate an action in the appropriate court within sixty (60) days of the issuance of the panel's written decision to obtain a judicial determination of the underlying dispute. If an action is not filed within sixty (60) days of the panel's decision, the decision of the panel shall be deemed to be final and not subject to judicial review. The decision of the panel and record of the arbitration shall not be privileged and may be submitted as part of the record by either side in support of its case. 9.20 The respective Participants shall share all costs incurred by the arbitration panel equally, and the expenses of the arbitration panel shall be paid expeditiously. 9.21 During the period of time in which a disagreement is being addressed in this Alternative Dispute Resolution process or appropriate judicial proceeding, the Participants agree that no default or breach of any agreement being addressed in the process will have occurred. • SECTION X. TERM (AO003477.coc5 18 10.1 This IGA, or any amendment of this IGA, shall not be of any force or effect until properly executed, certified, recorded by the County Recorder, and, if applicable, filed with the Secretary of State. If all of the Local Parties, but not Reclamation, execute this IGA, then it shall be of full force and effect against the Local Parties when recorded or filed. 10.2 The term of this IGA shall run concurrently with the Facility Permit, and any renewals, thereof, subject to: 10.2.1 Termination pursuant to Section 6.4. 10.2.2. The provisions of this IGA relating to Recovery shall remain binding on the Participants, their successors, and assigns, so long as Effluent Credits remain recoverable. 10.2.3. Section 9.2 shall survive the termination of this IGA IN WITNESS WHEREOF, the Participants hereto have hereunto set their hands the day and year first above written. CORTARO MARANA IRRIGATION DISTRICT By: APPROVED AS TO FORM Chair of the Board Attest: By: Clerk of the Board District Attorney METROPOLITAN DOMESTIC WATER IMPROVEMENT DISTRICT By: APPROVED AS TO FORM Chair of the Board Attest: By: Clerk of the Board District Attorney FLOWING WELLS IRRIGATION DISTRICT By: APPROVED AS TO FORM Superintendent of the District Attest: By: President of the Board Attorney for the District PIMA COUNTY {A0003477.DOC/} 19 B CHAIR, BOARD OF SUPERVISORS ATTEST: By: Clerk of the Board TOWN OF MARANA By: MAYOR ATTEST: APPROVED AS TO FORM: By: By: Town Clerk Town Attorney {A0003477. Doc4 20 CITY OF TUCSON By: MAYOR ATTEST: APPROVED AS TO FORM: By: By: City Clerk City Attorney TOWN OF ORO VALLEY By: MAYOR ATTEST: APPROVED AS TO FORM: By: By: Town Clerk Town Attorney BUREAU OF RECLAMATION By: Its: {A0003477.eoC/) 21 ATTORNEY CERTIFICATION The foregoing Intergovernmental Agreement, being an agreement between the Local Governments established under the authority of the State of Arizona, has been reviewed pursuant to A.R.S. § 11 -952 by the undersigned Attorneys of Record for the various local governments, all of whom have determined that it is in proper form and is within the powers and authority granted under the laws of the State of Arizona to those local governments, represented by the following undersigned: By: Attorney for Cortaro Marana Irrigation District This day of , 2003. By: Attorney for Town of Marana This day of , 2003. By: Attorney for Avra Valley Irrigation and Drainage District This day of 7 2003. By: Attorney for Flowing Wells Irrigation District This day of 7 2003. By: Attorney for Metropolitan Domestic Water Improvement District This day of , 2003. By: Attorney for Pima County This day of 7 2003. (A0003477.DOC/) 22 ATTACHMENT I FACILITY PLAN OF OPERATION Introduction The Facility Plan of Operation (FPO) defines operational requirements, data acquisition, data management and the responsibilities of the Participants in the Facility as described in the Intergovernmental Agreement Regarding Permitting And Operating Managed In Channel Recharge Of Effluent In The Santa Cruz River Channel ( "the IGA. ") For the purpose of this Plan of Operation, terms in capital letters have the meaning established in the IGA. The FPO is subject to modification per ADWR requirements or amendment by the concurrence of the Participants described in the IGA Operation/Operator: • CMID /CWUA will be the initial Operator • CMID's General Manager will be the designated contact person • The To -*vn of Marana may assume operation of the Facility if the initial Facility Operator withdraws. If the Town of Marana decides not to assume operation of the Facility, the Participants shall select another qualified Participant as Facility Operator according to the procedures established in the IGA ■ The Operator shall have the right to call meetings of the Participants to discuss and resolve issues, as established in Section III of the IGA. Reporting; • The Operator will be responsible for timely preparing and submitting all reports, including quarterly and annuals reports to ADWR, as established in Section HI of the IGA. • Participants will cooperate with the Operator by providing the data required by the Operator to prepare and complete reports necessary for Facility Operation. Data shall be submitted by electronic media that is compatible with the Operator's system, in the timeframe established in the schedule, which follows. Participants shall provide data that includes, but is not limited to the following: data supporting Effluent Credit calculations, the volume of effluent diverted prior to discharge, volumes of Effluent diverted from the channel, and the point of such diversion, potable water deliveries pursuant to effluent rights IGAs, effluent inflow and outflow from Pima County, monitor well water levels, and recovery volumes. The Operator shall collect the USGS stream gage data and legal diversions reported to ADWR ■ The Operator may require participants to submit estimates of anticipated discharges, diversions and/or storage of effluent at the begriming of each year. • The Operator will finalize and submit an Annual Report to ADWR by March 31s ' A0003481.DOCf (A0003488.DOC ,' I Schedule: The Operator and Storers will follow this schedule for submittal and management of data: JAN. FEB. 1. Participants submit Annual Report data to Operator by February 15 d '. 2. Operator prepares Draft Annual Report by the end of the month. MAR. 1. Participants submit comments on Draft Annual Report to Operator by March 10'. 2. Operator inform all Water Storage Permit holders of their annual delivery, evaporation, and aquifer cut volumes by March 15 th . 3. Operator submits Annual Report to ADWR by March 31 4t . APR. 1. Participants submit data to Operator for I' Quarter Report by Apr. 15 th . 2. Operator prepares a Draft report for Participants by end of month. MAY 1. Participants submit comments on Draft I' Quarter Report by May - 2. Operator submits Quarterly report to ADWR by May 15 th . JUNE JULY 1. Participants submit data to Operator for 2 " Quarter Report by July 15 th . 2. Operator prepares a Draft report for Participants by the end of month. AUG 1. Participants submit comments on Draft 2nd Quarter Report by Aug. 5 th . 2. Operator submits Quarterly report to ADWR by August 14 SEPT. OCT. 1. Facility Operator prepares Draft Budget for upcoming year by October 1. 2. Participants submit data to Operator for 3' Quarter Report by the 15 th . 3. Operator prepares a Draft report for Participants by the end of month. NOV. 1. Participants submit comments on Draft 3rd Quarter Report by Nov 5 th . 2. Operator submits Quarterly Report to ADWR by November 14` DEC. A0003487.DOC? 7A(73Q31SS iU _ } Data Collection / Maintenance: • The Operator will be responsible for the collection and maintenance of all data required by the facility permit. The Operator will have the flexibility to determine how and where this will occur. • The Operator may solicit the assistance of selected Participants or qualified consultants to manage all or portions of the data. • It is anticipated the Operator will create an electronic database that remains reasonably current and accessible. • The Operator shall establish methods of securing the database and user access. • The Operator shall establish methods of confirming data input. • The Participants may elect to create a website to assist with the Facility operation, including data sharing and input; the potential costs for such a site are established below. Monitoring: ■ The Operator will be responsible for all monitoring and related data collection that meet the requirements of the Facility Permit, including water levels measured to one - tenth of a foot, flow measurements within plus or minus 10 percent, and effluent discharge volumes. • Pima County will allow access to water level data (water quality if necessary, although not an ADWR requirement) collected from existing monitoring wells along the Santa Cruz River as well as data on effluent discharge volumes. The Operator will coordinate with the current Pima County Wastewater Management contact person on data access and retrieval. • The City of Tucson will allow access to water level data collected from existing monitoring wells along the Santa Cruz River. • The Operator will create an alternate monitoring plan that satisfies ADWR's requirements,. should this become necessary. ■ The USGS stream - monitoring gauges near the Cortaro and Trico Road bridges will be used to measure incoming and outgoing flows as required by the Facility Permit. The Data Section Chief is the USGS contact person at the Survey's Tucson office (520 670 - 6671). • The Operator will pursue alternatives to improve the accuracy of the Trico Road stream gauge to a plus -or -minus 10 1 /6 accuracy and will coordinate with the Participants, especially the City of Tucson. • If found acceptable by ADWR, a method of measurement would be used to measure flows periodically between the Trico Road stream gage and the Pima/Pinal county line. The Operator would be responsible for collecting any other required monitoring data. See Contingencies section for further information. Expenses / Costs: The division of capital and annual operation and maintenance costs is shown in the Cost Estimate of Facility Operation. The initial capital improvements needed to make the Facility operational include: ACK10348? DOC! (90fK33881DOC!i 3 • 1. Modifications to improve the stream gage at the Trico Road bridge to the plus -or -minus 10% accuracy required by the Facility Permit. 2. Develop storage and recovery database and training Although not required, the Facility Operator may develop a website that would allow real -time communication between the Participants. The Town of Marana and CMID have agreed to pay for $20,000 of the estimated initial capital cost, with the balance to be paid on a proportional basis to the amount of credits each Storer will earn. Basic annual O &M costs associated with the Facility, including monthly database maintenance, annual reporting requirements, and the collection of monthly water level readings will be borne by the Facility Operator. Participants will pay an annual fee of $500 to the Operator toward these costs. Additional annual O &M costs include special stream gage maintenance, to maintain the 10% accuracy rating, and transfer of data from the USGS to the Operator. Participants will pay for these additional O &M costs based their proportion of the amount of estimated credits that each Storer will earn. The Facility Operator shall have the authority to resolve differences between proportional cost sharing based on the differences between stored credits and that year's estimated credits. The Operator shall prepare a draft Annual Budget by October 1 of the preceding year for review and approval by the Participants. The Participants shall approve the annual budget by the end of the current calendar year. Extraordinary costs may be incurred during the 20 -year life of the project that result from unexpected events or acts beyond the control of the Participants. These include, but are not limited to. storm flows which damage stream gage equipment or create stream bed conditions that adversely impact the 10% accuracy requirement and vandalism of stream gages or monitor wells. Participants will pay for extraordinary O &M costs based their proportion of the amount of estimated credits that each Storer will earn. The Facility Operator shall have the authority to resolve differences between proportional cost sharing based on the differences between stored credits and that year's estimated credits. AWO3487.DOC' COST ESTIMATE OF FACILITY OPERATION A. Initial Capital IWrovement Cos 1. Improve Trico Stream Gauge to plus -or -minus 10% accuracy $14,000 2. Develop storage and recovery database software and training $15,200 a. Calculation of physical recharge in the stream channel and recovery: ($10.400) b. Calculation of recharge credits for each entity on a quarterly and annual basis: ($1,800) c. Documentation of database and end -user training: ($3,000) 3. Develop website: 3,300 Total $32,500 B Annual O_.peration and Maintenance Costs Operator Cost 1. Database maintenance 5 days/quarter to contact Pima County and USGS to obtain data; cross- check and verify accuracy of water level data from monitor wells; prepare draft reports; finalize reports and send to regulatory agency. $4,700 2. Annual Reporting Requirements 8 days per year for data verification, preparation of annual information for each participant in the project $1,900 3. Collect Monthly Water Level Readings 12 days per year to collect monthly water level readings, maintain equipment, and enter data to computer. $2,100 Subtotal $8,700 Shared Cost 4. Special Stream gage maintenance (10% accuracy rating requirement) will be completed by the USGS. The USGS will collect extra measurements each month at the Cortaro Road stream gage and the Trico Road stream gage. The additional measurements are needed to increase the accuracy of the measured stream flow at the site. The flows between the wastewater treatment plants and the gages are also compared to determine when additional measurements are needed to improve the accuracy at the gages. $14,000 A000348 ?.DOO IA0003488DOC 1, ?5 r � i Subtotal $14,000 Total Annual Cost $22,700 D Initial Budget for Capital Improvements Estimated expenses: $ 32,500 Estimated income: CMID and Marana: $ 20,000 Proportional payment of remaining expenses by Storers: $ 12,500 Secretary of Interior: 47% City of Tucson: 34% Pima County: 7% MDWID: 6% Oro Valley: 6% E. Annual Budget Estimated O &M expenses $ 22,700 Estimated Income In -Kind Services by CMID and Marana: $ 8,700 Annual dues ($5001 participant from AVIDD, BOR COT, FWID, MDWID, Oro Valley, and Pima County): $ 3,500 Proportional payment of remaining expenses by recharge volume: $ 10,500 ' A0003487.DCC! {9000348800CC_76 EFFLUENT RECHARGE FORMULAS Introduction volume of s the Formula development is presented in several steps. The first char acteri ed as having by a effluent available. The total volume of effluent can be characte particular entity. Each entity can use their entitled volume direc e volum recharged is el for managed recharge. If the water is discharged to the channel, apportioned based on an "in- channel" entitlement in order to accrue individual recharg a edits. The volume of effluent entitled to SAWRSA is not made subject to any phys effluent is recharged for credit accrual (and equivalent asses out of the protect at en formulas the Trico gage. The following sections describe the proposed Eff Effluent Production is equal to the The total effluent produced from the Metropolitan Area wastewat plants ( the amount of effluent used amount of effluent discharged to the Santa Cruz Direct use b cooperators includes effluent directly by the cooperators or other entities (E Y diverted from the plants prior to discharge to the river and/or any downstream diversions. Downstream diversions by other entities are reflected in the term DD. EP = Esclz + ED E EDT +Eno + EDM + EDP + EDs + EDNew + CEP + DD = where: ent produced from Ep = Total efflum a and allowed main in the M etrop o li tan to re Cruz River EscR = Total effluent discharged to, (physical losses not deducted). E = Total effluent directly reused and/or diverted from the Santa Cruz River. EDT = Direct and downstream diversions of effluent entitled to City of Tucson. EDO = Direct and downstream diversions of effluent entitled to Oro Valley. E = Direct and downstream diversions of effluent entitled to MDWID. EDNew = Direct and downstream diversions of effluent entitled to New cooperator. E = Direct and downstream diversions of effluent entitled to Pima County. E = Direct and downstream diversions of effluent entitled to SAWRSA. CEP = Conservation Effluent Pool (up to 10,000 AF/YR). D = Downstream diversions of effluent by entities other than the cooperators. Individual Effluent Entitlement of Effluent Produce Conservation Effluent Pool The total effluent produced (E can be used for SAWRSA (S), (CEP), and individual entitlements for each e t tlem nts are on IG �(� e of gross effluent produced. Details of the individual en OE is equivalent to Step Four (Exhibit 3 of City of Tucson - Town of Oro Valley Inter- governmental Agreement Relating to Effluent)). E =S +CEP +TE +OE +ME + P E +NewE ' Equivalent to E in Exhibit 3 of City of Tucson - Town of Oro Valley IGA {A0003522.DOC/ }Draft Effluent Concept Formulas April 28, 2002 TMT,JK,MEL Page 1 of 6 ❑ Individual Contributions to Downstream Diversions D = D + D + DDM + DDP + DDnew SubTotal -1 = (TE + OE + ME + PE + NewE) — (EDT + EDO + EDM + EDp + EDnew) — RCET — (RI /2) D = D * ((TE — E — Rc — (RI /2)) /SubTotal -1) DDp = D * ((OE — E Dp) /SubTotal -1) DDM = DD * ((ME — EDM) /SubTotal -1) DDP = D * ((PE — EDP) /SubTotal -1) DDNew = DD * ((NewE — EDN,.w) /SubTotal -1) where: D = City of Tucson contribution to D D = Oro Valley contribution to D D = MDWID contribution to D D = Pima County contribution to D DDNew = New Cooperator contribution to D ❑ Individual Contributions to Evaporation Tucson assumes the evaporation from Roger Road to Cortaro Road as part of SCRMUSF (RCET) Individual contributions to the evaporation from Cortaro Road to Trico Road are based on the proportioned ownership of effluent that is in the river at Ina Road (E except for SAWRSA effluent: . EVAP = T PMT + OPMT + MPMT + PpmT + Newp TpmT = EVAP * ((TE — E — RCET — (RI /2)) /SubTotal -1) OpmT = EVAP * ((OE — E Dp) /SubTotal -1) MPmT = EVAP * ((ME — ED /SubTotal -1) PPmT = EVAP * ((PE — E /SubTotal -1) Newp = EVAP * ((NewE — EDNew) /SubTotal -1) where: EVAP = Evapotranspiration Loss for the stretch from Cortaro Road to Trico Road. TPmT = Tucson contribution to evaporation from Cortaro to Trico OPMT = Oro Valley contribution to evaporation from Cortaro to Trico MPmT = MDWID contribution to evaporation from Cortaro to Trico PPMT = Pima. County contribution to evaporation from Cortaro to Trico Newp = New cooperator contribution to evaporation from Cortaro to Trico ❑ Individual Effluent Entitlement, Ina - Trico TE = TE — E - D — RC — (RI /2) — Tp2ET OE rr = OE — EDp - DDO - Op2ET ME rr = ME - EDM - DDM - M pmT PE = PE — EDp - DDp - PpmT NewE = NewE — ED. - DDnew - New Srr = S — EDs — (RIR /2) {A0003522.130C! }Draft Effluent Concept Formulas April 28, 2002 TMT,JK,MEL Page 5 of 6 Individual Recharge Credits Earned (Ina to Trico) Based on the percentage of effluent in the river and the volume recharged in the MUSF (ER), the number of recharge credits accrued by each cooperator is calculated. SAWRSA effluent is not subject to physical losses; however, it does provide a proportioned share of the effluent that flows out of the MUSF at Trico Road. Therefore, physical losses are calculated relative to the Cooperators except for SAWRSA, while the effluent outflow at Trico (Qou r) is shared proportionally by all cooperators. ❑ Percentaizes for Shares Subtotal -2 = TE + OErr + ME + PErr + NewErr T% (of SubT) = TE / Subt0tal -2 0% (of SubT) = OE / Subtotal -2 M% of (SubT) = ME / Subtotal -2 p% of (SubT) = PE / Subtotal -2 New% of (SubT) = NewE / Subtotal -2 S% (of Total) = Srr / Err ❑ Recharee Credits SRC = (Srr — (S% * Qourr) * 50% TE = T% * (ER — ( SRC * 2 )) * 50% OERC = 0% * (ER — (SRc * 2)) * 50% ME = M% * (E — ( SRc * 2 )) * 50% NewE = New% * (E — (S * 2)) * 50% PE Rc = P% * (E — (SRc * 2 )) * 50% where: TE = Recharge credits for City of Tucson. OE = Recharge credits for Town of Oro Valley. ME = Recharge credits for MDWID. NewERC = Recharge credits for New Cooperator. PE = Recharge credits for Pima County. S Rc = Recharge credits for SAWRSA. • {A0003522.D0C/ }Draft Effluent Concept Formulas April 28, 2002 TMT,7K,MEL Page 6 of 6 TOWN COUNCIL TOWN MEETING OF . INFORMATION MARANA DATE: Aril 15, 2003 AGENDA ITEM: IX. B. 3 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/04/0912003 „,-.LEGISLATIVE BULLETIN Issue No 1 l March 27, 2003 IN THIS ISSUE { 'Wh onct Strange. Trip It Has Been What a Long Strange Trip_ ' It Has. Been .: ; .1 The legislative journey of HB 2308, Eminent Domain, took another interesting twist this week: As reported in previous bulletins, HB 2308 would significantly restrict Another Crack at Retiree the ability of cities and towns to redevelop deteriorating downtown areas and Health Insurance 1 neighborhoods The legislation is sponsored by Representative Eddie Farnsworth. Z e + `� Th1s week, HB 2308 was offic>ally.withdrawn from the Senate Government Anti- Terrorism Resolution .... _ Committee, where it had been originally assigned, and reassigned to the Senate Still on the Fast Track .2 _ ;Finance Committee: Thi ac io was annou ed on to fl me s t n nc the Sena oor re hours Deadlmeto Hear, before a was scheduled to be heard in the Senate Government Committee: Fast 4 Approaching .` . 2 This action is particularly disappointing for cities and towns, neighborhood groups, business leaders and law enforcement officials that had been planning to Another City on the testify in opposition to HB 2308 on Tuesday afternoon. With the relatively Horizons . 2 municipal- friendlymembership on the Senate Government Committee,oppo- : ° had a good opportunity to kill the bill. The membership of the Senate Sex Offenders Clustering Finance Committee does not look like it will allow for this opportunity. Resolution' Unsuccessful ... 2 HB 2308 has already taken quite a journey through the legislative process. In the House Gu Preemption'-.Bill Gets of Representatives, the bill was originally assigned to the Utilities and.Municipalities Another Life 3 Committee and to the Government and Retirement Committee. Opponents of the bill had been optimistic about the bill's fate in these committees, however the bill was with A Step Closer to TNT drawn from both committees and reassigned to a less - friendly Federal Mandates and Penalties . ....... 3 Property Rights Committee, where it passed by a vote of 6 to 3. The bill has been placed on next Monday's Senate Finance agenda. If the bill Population Estimates Bill passes the Senate Finance Committee on Monday, it will move next to debate and Passes House Committee : 3 a vote before the full Senate. If you have not already done so, please express your opposition to this bill to your Senators. League of Arizona Another Crack at Retiree Health Insurance Cities ANDTOWnS The stakeholder group including Representatives Hu enthal, Wagner, PP g Konopnicki and Senator Arzberger met Wednesday afternoon in the House base- Legislative Bulletin is published by the League of Arizona ment to deal with the com lex if p roviding health insurance to retirees, Cities and Towns. Forward your comments orsuggestions to 1? issue o P g particularly those in the rural areas of the state at a reasonable price. League of Arizona Cities and Towns 1820 w Washin street The plan proposed in this meeting involves a two -part "solution”. The first part Pho b0602 -258- 5786 y y 8007 Phone: 602-258-5786 of the solution is a two-year extension of the subsidy with some modifications. Fax: 602 - 253 - 3874 The modifications would deal with some loopholes that are out there and E lea @mg state.az.us attempt to make things more equitable. The second part of the solution is to Internet w`"" azteagne.org require employers to offer their pre- medicare eligible retirees the opportunity to CONTINUED ON PAGE 2 Issue No. 11 March 27, 2003 Page 2 ' stay in their active insurance plan. This part would be phased -in over The committee - hearing deadline is an important step in the an eight year period. This part comes down to an unfunded mandate. process, as bills not receiving a hearing by this date will be dea There are still major questions out there, but many in this stake Typically the last week's agendas are filled with bills and strike- holder group including Representatives Huppenthal and everything amendments to bills, as Legislators and lobbyists des - perately try to keep their issues alive. Konopnicki feel like this is the best solution under the current conditions. They seem to be supportive of both parts of the plan. Additionally, the pace of the Legislature changes after this dead- Senator Arzberger, on the other hand, is supportive of the first part line, as the schedule changes from mostly committee hearings of the plan, but has not been supportive of moving the retirees to every day to conference committees between the House and the active insurance plans. It is unclear where Representative Senate. With conference committees come last minute negotia- Wagner is on this issue. tions, as House and Senate members try to compromise and settle What this would mean for cities and towns participating in the state their differing opinions on the bills. retirement system is that your retired employees would be eligible to be covered under your health insurance plan for regular employees Another. City on the Horizon? but not at city expense. Several of you gathered estimates for us on Legislation is under consideration which could lead to the incorpo- the cost of this mandate and discovered by adding retirees to your ration of the City of Tusayan, located at the entrance to the Grand program that the overall premium increase would be substantial. Canyon. Senate Bill 1122, titled Incorporation; National Parks; There are two bills that this affects, SB 1036 and HB2349. The Cities, will allow for the incorporation of Tusayan by permitting urgency of this issue is the ending of committee hearings. Please communities within a ten -mile proximity to a national park and a contact these Representatives to let them know that this unfunded . population exceeding 500 to petition for municipal incorporation. mandate is not the solution in these tough budget times. The current population requirement for incorporation is 1500." This week SB 1122 passed the House Utilities and Municipalities Anti-Terrorism Resolution Committee by a vote of 8 -0. Among those to testify in support ` Still on the Fast Track this bill were the sponsor, Senator Robert Burns, and business' owners from the community of Tusayan. Tusayan business own- Senate Bill 1059, Trespass; Critical Public Service Facilities, passed ers testified that Tusayan is seeking the benefits of incorporation out of Utilities and Municipalities, its final House committee this to allow for the institution of a local sales tax to pay for needed week. This League resolution is sponsored by Senator Jay community improvements, such as street repairs. Tibshraeny and has received unanimous support so far in both the Senate Bill 1122 will next be heard in the House Committee on House and the Senate. Environment. SB 1059 aids Arizona in preventing terrorism by increasing the penalties for unlawfully entering or remaining on the grounds of Sex Offenders Clustering critical public infrastructure. This bill is ready to be heard on the Resolution Unsuccessful House floor for debate and a final vote. A League resolution concerning the clustering of sex offenders Deadline to Hear Bills is Fast died in the Senate Judiciary committee on Wednesday. This issue Approaching had been worked on during session by the City of Phoenix and Representative John Nelson and was offered as a strike- everything If the leadership in the Legislature continues to strictly adhere to amendment to HB2332 by Senator James Weiers. deadlines as they have been doing this session, next Friday, April The problem, a hard one to fix due to civil rights laws and consti- 4th will be the last day to hear bills in a committee. This deadline tutional protections, was originally not going to be introduced as a brings the Legislature one step closer to a target adjournment date bill this year because of these issues. The striker language would of April 18th. It is expected that the Legislature will adjourn the have required, as a condition of probation for newly released regular session and then call a Special Session at a later date to address the FY 2004 budget. CONTINUED ON PAG ; 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. el L71 IN 4 =k 4 1 Issue No.11 March 27, 2003 Page 3 . registered sex offenders, that they not live within a yz mile radius of Population Estimates Bill another sex offender. The courts opposed this language stating that it would be impossible to track where sex offenders live because only a Passes House Committee small portion are registered. They were also concerned with the liabil- ity if an offense occurred and a probationer lived within a Ih mile of The House Utilities and Municipalities Committee cleared SB 1209, another sex offender. The bill died by a vote of six to three. Population Estimates; Cities; Towns; Counties by a unanimous vote - on Wednesday. This legislation will allow a city or town to. choose in 2005 a mid - decade census, a census survey, the DES population Gun Preemption Bill Gets estimate or continue to use its 2000 census number. This bill is Another Life similar to legislation passed in 1994 for the last mid- decade census. HB2318, a bill that was killed once by the Senate Judiciary The bill's sponsor, Senator Jay Tibshraeny, spoke in favor of the Committee, was resurrected as a strike - everything amendment to bill, stating that the legislation would allow cities and towns to use HB 2319 and passed the same committee Wednesday by a vote of more cost - effective options for population estimates. six to three. The language prohibits political subdivisions from regulating the transfer of firearms or ammunition as well as the The bill will be heard next in the House Ways and Means Committee. sale or transfer of firearms on property it owns, leases or operates in a manner inconsistent with state law. This bill originated when the City of Tucson stipulated that back- ground checks must be performed on prospective gun owners as a condition of receiving a permit for use of the City's Civic Center to hold a gun show. A court case, McMann Vs. City of Tucson, deter - mined that current state law allowed a city or town to offer per- mits conditionally for use on municipal property. Representative Randy Graf is the sponsor of this preemption bill. HB 2319 is headed for a floor debate in the Senate once it goes through Rules. A Step Closer to TNT Penalties Tuesday morning in House Ways and Means Committee, SB 1331 was sent to the full house for consideration. SB1331 places a penal - ty on any jurisdiction not complying with truth in taxation (TNT) requirements. It restricts a city or town to a property tax levy no greater than the year before if truth in taxation is not followed. The committee was not open to the idea that this is a bill to solve a problem that doesn't exist. There are no gross violations of the law. Over the past three years there has been a 95% compliance rate. The complexities of the property tax system make this once a year exercise a challenge. Please contact your Representatives and tell them that this bill is attempting to solve a problem that doesn't exist and that they should vote no on S131331. 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. A A • Sam— LEGISLATIVE BULLETIN 1 2 Issue No. 12 April 3, 2003 When Bad Bills Won't Die IN THIS ISSUE The eminent domain bill, HB 2308, advanced one step further this week after passing the Senate Finance Committee on a 6 to 3 vote. Leading the votes in favor of this bad When Bad Bills Won't Die ...1 bill was Finance Committee Chairman Senator Dean Martin, who stated that HB 2308 was the most important bill that the Legislature would consider this session, aside from Elected, Off i c i a I s Make a the budget The other votes in favor of the bill were Senators Robert Burns, Marilyn D i ff a re n c e .... y ..... ..... 1 Jarrett, Barbara Leff, Jim Weiers and Jack Harper. Many thanks are in order to Senators Jack Brown, Ken Cheuvront and Jorge Luis Garcia for opposing this legislation: Senate and, House Stay on - The committee hearing was disappointing for cities and towns because testimo- Track with Bill Deadlines ... 2 g PP g ny was limited by the Chairman and several neighborhood groups, business It's the Week for leaders and city officials didnot have the opportunity to express their opposition .. .... 2 Surprises to the bill. The bill's sponsor Representative Eddie Farnsworth spoke in favor, alleging that the use of eminent domain was unconstitutional and that there are Senate Com ittee Removes abuses of this power all over the state. m Unfunded Mandate on The bill moves next to debate and a vote before the full Senate. There will be a Retiree Health Insurance compromise amendment offered on behalf of the cities and towns on the Senate Bill ..... • • . • • • . • • ... • • 3 floor. This amendment will remove the bill's most offensive provisions, such as the 10 -year moratorium on property transfers and the judicial review clause, and Process Servers Bill Going will establish new procedures to further engage and notify property owners and Strong . ....:...... 3 provide for a more open and public process. Contractor Liability Fails This amendment addresses the concerns of numerous legislators caught between to Pass . ............... opposing the current version of HB 2308 because they believe it is too extreme, howev- er, still believing that additional steps need to be added to the eminent domain process. League Resolution Reaches Please call your Senators and ask them to support this compromise amendment. Governor's Desk . • • • . 3 Tell them that this amendment is a strong effort from the cities and towns to address legislators' concerns on this issue, and will still enable cities and towns to use this valuable economic redevelopment tool. Without the compromise amend- ment, cities and towns are forced to oppose the current version of HB 2308. League of Arizona 10 "x' Elected Officials Make a Difference! Cities AND lown.s Due to the strength of testimony given by several local elected officials, HB2436 Municipal Ballot Measures; Required Signatures passed the Senate Judiciary Legislative Bulletin is Published by the League of Arizona Committee on Wednesday. We thank Mayor Tom Hessler of Sierra Vista, Vice Cities and Towns. Forward your comments or suggestions to: Mayor Anne Marie Surra of Apache Junction and Councilmember Lisa Coletto- League'ofArizona cities and Towns Cohen of Queen Creek for making the journey down to the Capitol. Without the 1820 w Washington street testimony from these elected officials, the bill would surely have failed. Phoenix, Arizona 85007 Phone: 602 - 258 -5786 This bill and League Resolution that allows a city r town under 100,000 the Fax:602- 253 -3874 y E -mail: Ieague@mg.state.az.us option of using voter registration rather than voter turnout as the basis for calcu- Internet: www.azleague org lating the referendum signature requirement will next be debated and voted CONTINUED ON PAGE 2 Issue No. 12 April 3, 2003 Page 2 , upon the Senate Floor HB 2436 had a hard time in the House where it originally It the Week for i t was over, and so our objects wile failed but p assed upon reconsideration. be presented in any formal way at a r S ing. A strike everything to HB 2367 We also would like to thank Representative The legislative halls witnessed a tradition - heard this morning in the Senate Fan Bill Arnold, former Mayor of Goodyear, for al ritual this week -the last minute- Services Committee, not a normal pla his sponsorship and support of HB 2436. scramble to get a bill heard in committee. for bills impacting local governments, f- Please notify your Senators of the imp' or ` ` It is always an interesting t Th ime at the e Committee Chairman, Senator M, tance of this bill, especiallyto Legislature fo the availability of what Anderson, had agreed to run astrike- smaller_ctttes.. is called a "strike everything ". Harmless everything amendment for our new St bills "with no impact on local government Treasurer to try and preclude for one } Senate an d House can suddenly, through the adoption of a the principals who left the Treasurer's strike-'everything amendment, become office from setting up a private operati< tCl�/ On �Pq Ck wit very.negative measures` to solicit public monies. ` B Dea dl ines Two bills this w eek' fell into this' cate o We knew about the main proposed g ry Congratulations are in order Senate . we were able to kill one of them but the amendment, but there was an amend other is still alive. The Associated General to the strike - everything amendment President Ken Bennett and House Contractors Association (AGC) which rep- which requires annual disclosure of gi Speaker Jake Flake for adhering to the bill ' resents road building contractors sprung to public employees who control public deadline schedule set at the n be inin of $ S , a last minute amendment on us last monies. The reporting requirement the session. This marks the first time in Friday at noon'with a Committee hearing would apply to any exempt employee recent years that the Legislature has not whose scheduled M rimar hearin s: wired that all to ave re ule for Monday afternoon. A strike P y d utyas an employee extended the deadlines for commtttee everything amendment to SB 1220 would includes the exercise of substant' 1 disc h 1 g ` q cal government tion regarding the manageme ca- i t •. public works contracts include an auto- Lion, investment or custody of pu is The FY 2004 budget shortfall looming on g matic escalator and de- escalator clause to monies. By our calculation, this would 1 the horizon and the unprecedented adjust for the cost of diesel and /or fossil include every city and town manager, j turnover in House and Senate member- fuel and the cost of asphalt. The contrac- `finance director, city treasurer, many of j ship have caused this session to be quite for would get to determine the average the city or town clerks, etc. Any gift of unusual. This fact was evident from the cost per month for such products and if $10 or more received from a list of beginning of the session with the record the cost fluctuated up by more than 10% defined vendors would have to be annua low number of bills introduced. the local government would have to reim- ly reported to the secretary of state or a burse the contractor and if it fluctuated class one misdemeanor would apply. While we are pleased that the Legislature down by more than 10% the contractor looks like it will be wrapping u work b This amendment totally t PP $ P y would have to pay the building owner. y nores the fact . the April 18th deadline, don't start making that a city may have its own ethics code summer vacation plans just yet. The We objected to the bill being given consid- and further houses the filings at the secre Legislature still has the major issue left of eration with such short notice; it was clear - tary of state's office instead of at city hall. solving the FY 2004 budget shortfall, ly a last minute end -run around the is also another one of those mandates tha which is expected to be addressed in a process. Other local government lobbyists attempt to address one isolated incident Special Session in either May or June. joined us in opposing the measure which with a solution which will affect hundreds While `this current session has been timely was thankfully held by the Chairman of the We will do our best to get the amendment so far, it remains to be seen how the House Transportation Committee. We have stripped off the bill on the Senate floor. If Legislature will handle the upcoming agreed to enter into discussions with the you share our concerns, please let your budget battles. AGC on this during the interim. Senators know that legislating like this at the last minute is neither efficient nor does The second surprise we did not catch until it often lead to good legislation. 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. C-i 61 + Issue No. 12 April 3, 2003 Page 3 *Sena Committee Process Servers readers will remember the Wiggs case te which led to this bill being introduced. Removes Unfunded Bill Going Strong Mandate on The committee Vice Chairman, Thayer Another League resolution has made it to Verschoor, would only hear testimony from Retiree Health the final stages of the Legislative process one person representing each side of the Insurance Bill without a single vote of opposition. On issue. When this happens, legislators usu- ,Wednesday, the Senate Judiciary ally do not receive the whole story and they Committee passed HB 2333, Service of are much more likely to vote "no" than to The issue of health insurance relief for Process; Municipal Courts. Due to the time pass something out that is not well under- rural retirees continued to advance in the restraints of the Senate Judiciary stood. The failure of this important bill is a Senate this week, as HB 234% Public Committee, all of those who came in sup- classic example of what happens when Retirees; Rural Areas; Insurance, passed port of the bill elected one representative, public input is limited. The bill died on a the Senate Finance and Government Steve Kemp, the Peoria City Attorney, to, vote of 5 to - Committees. The issue was not as success- speak before the members. ful fo Senator Arzberger's SB 1036, Public Retiree Health Insurance Subsidy which HB 2333, sponsored by Representative League Resolution was' in the House Government and John Nelson, authorizes unarmed police Reaches Retirement committee, effectively killing aides and traffic investigators to serve the bill because of Friday's bill process while municipal court is in ses- Governor S Desk hearing deadline. sion. Unfortunately, an amendment was added to preclude such aides or a traffic We are pleased to announce that SB 1236, As reported in last week's Bulletin, HB investigator from serving process under Public Horizontal Construction Projects, is 2349 contained a provision that would this bill for photo radar violations. Those the first League Resolution to reach the have required employers to offer their violations will have to be enforced under Governors desk. This bill, which encoun- retirees the opportunity to participate current laws. tered little resistance along the legislative in an employer's health care insurance process, gives cities and towns additional program for active employees at the After passing the only assigned Senate flexibility when contracting for public con - same gross premium rates as an active Committee, this bill is now ready for a floor struction projects. employee. This issue would be consid- debate and vote by the full Senate. Many thanks are in order to the bill's spon- ered an unfunded mandate to cities and towns because of the substantial sor, Senator Jay Tibshraeny, whose support premium increase this bill Contractor helped this bill move unanimously through would cause. Liability Fails to the process. Your phone calls to Senators in Pass We are looking forward to seeing several more League resolio response to last week's Bulletin article The Senate Judiciary Committee failed to Governor's desk sootnlns arriving on the made a difference, as Senator Dean pass HB 2313,a League Resolution spon- Martin offered and successfully amend sored by Representative John Nelson that ed this problematic section out of would have allowed a fair and equitable HB 2349. method for distribution of liability in cases of neglect to all responsible parties. In one HB 2349 now advances to debate and a of the interesting ironies of the session, a vote before the full Senate. Thanks to all lobbyist from Arizona Public Service (APS) the cities and towns that called your Company testified against the bill even Senators urging them to vote against this though it was APS who urged us all to pur- unfunded mandate! sue a legislative solution. Our city attorney 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.