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HomeMy WebLinkAbout03/06/2012 Council Agenda Packet ARAN, MARANA TOWN COUNCIL REGULAR COUNCIL MEETING NOTICE AND AGENDA 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, March 6, 2012, at or after 7:00 PM Ed Honea, Mayor Patti Comerford, Vice Mayor David Bowen, Council Member Herb Kai, Council Member Carol McGorray, Council Member Jon Post, Council Member Roxanne Ziegler, Council Member ACTION MAY BE TAKEN BY THE COUNCIL ON ANY ITEM LISTED ON THIS AGENDA. Revisions to the agenda can occur up to 24 hours prior to the meeting. Revised agenda items appear in italics. As a courtesy to others, please turn off or put in silent mode all pagers and cell phones Meeting Times Welcome to this Marana Council meeting. Regular Council meetings are usually held the first and third Tuesday of each month at 7:00 p.m. at the Marana Town Hall, although the date or time may change, or Special Meetings may be called at other times and/or places. Contact Town Hall or watch for posted agendas for other meetings. This agenda may be revised up to 24 hours prior to the meeting. In such a case anew agenda will be posted in place of this agenda. Speaking at Meetings If you are interested in speaking to the Council during Call to the Public, Public Hearings, or other agenda items, you must fill out a speaker card (located in the lobby outside the Council Chambers) and deliver it to the Town Clerk prior to the convening of the meeting. All persons attending the Council meeting, whether speaking to the Council or not, are expected to observe the Council Rules, as well as the rules of politeness, propriety, decorum and good conduct. Any person interfering with the meeting in any way, or acting rudely or loudly will be removed from the meeting and will not be allowed to return. Accessibility To better serve the citizens of Marana and others attending our meetings, the Council Chambers are wheelchair and handicapped accessible. Any person who, by reason of any disability, is in need of special services as a result of their disability, such as assistive listening devices, agenda materials printed in Braille or large print, a signer for the hearing impaired, etc., will be accommodated. Such Regular Council Meeting - March 6, 2012 - Page 1 of 98 special services are available upon prior request to the Town Clerk at least 10 working days prior to the Council meeting. Agendas Copies of the agenda are available the day of the meeting in the lobby outside the Council Chambers or online at wwwmarana.com, by linking to the Town Clerk page under Agendas, Minutes and Ordinances. For questions about the Council meetings, special services or procedures, please contact the Town Clerk, at 382 -1999, Monday through Friday from 8:00 a.m. to 5:00 p.m. Posted no later than Monday, March 05, 2012, 7:00 PM, at the Marana Municipal Complex, the Marana Operations Center and at www.marana.com under Town Clerk, Agendas, Minutes and Ordinances. REGULAR COUNCIL MEETING CALL TO ORDER AND ROLL CALL PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE APPROVAL OF AGENDA CALL TO THE PUBLIC At this time any member of the public is allowed to address the Town Council on any issue not already on tonight's agenda. The speaker may have up to three minutes to speak. Any persons wishing to address the Council must complete a speaker card located outside the Council Chambers and deliver it to the Town Clerk prior to the commencement of the meeting. Individuals addressing a meeting at the call to the public will not be provided with electronic technology capabilities beyond the existing voice amplification and recording capabilities in the facilities and the town's overhead projector /document reader. Pursuant to the Arizona Open Meeting Law, at the conclusion of Call to the Public, individual members of the council may respond to criticism made by those who have addressed the Council, may ask staff to review the matter, or may ask that the matter be placed on a future agenda. PROCLAMATIONS MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS PRESENTATIONS CONSENT AGENDA The Consent Agenda contains items requiring action by the Council which are generally routine 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. Regular Council Meeting - March 6, 2012 - Page 2 of 98 C 1: Resolution No. 2012 -13: Relating to Real Estate; approving and authorizing the Mayor to execute a license agreement for electric vehicle charging stations (Kevin Kish) C 2: Resolution No. 2012 -14: Relating to Intergovernmental Relations; endorsing the proposed Camino de Mariana Annexation to the Mountain Vista Fire District (Frank Cassidy) C 3: Minutes of the February 21st regular meeting and the February 28th special meeting LIQUOR LICENSES BOARDS, COMMISSIONS AND COMMITTEES COUNCIL ACTION A 1: Resolution No. 2012 -15: Relating to Strategic Planning; approving the final version of the updated Strategic Plan (Gilbert Davidson) ITEMS FOR DISCUSSION /POSSIBLE ACTION D 1: Relating to Legislation and Government Actions: Discussion and possible action regarding all pending state, federal, and local legislation/government actions and on recent and upcoming meetings of other governmental bodies (Gilbert Davidson) EXECUTIVE SESSIONS E 1: Executive Session pursuant to A.R.S. §38- 431.03 (A)(3), Council may ask for discussion or consultation for legal advice with the Town Attorney concerning any matter listed on this agenda. E 2: Executive session pursuant to A.R.S. § 38- 431.03(A)(3),(4) and (7), for discussion or consultation with the Town's attorneys and to instruct the Town's representatives concerning (1) the lawsuit entitled Town of Marana v. Pima County/Pima County v. Marana (consolidated), Maricopa County Superior Court No. CV2008- 001131, Arizona Court of Appeals No. 1 CA CV 1103 8 1; (2) the lawsuit entitled Pima County v. Town of Marana, Pima County Superior Court No. C20116094; and (3) pending legal issues, settlement discussions and contract negotiations relating to the transition of Marana wastewater collection and treatment to the Town of Marana FUTURE AGENDA ITEMS Notwithstanding the mayor's discretion of what items to place on the agenda, if three or more council members request an item to be placed on the agenda, it must be placed upon the agenda for the second regular town council meeting after the date of the request ( Marana Town Code, Title 2, Chapter 2 -4, Section 2 -4 -2 B) ADJOURNMENT Regular Council Meeting - March 6, 2012 - Page 3 of 98 M 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, March 6, 2012, 7:00 PM To: Mayor and Council Item C 1 From: Kevin Kish, Planning Director Strategic Plan Focus Area: Progress and Innovation Strategic Plan Focus Area - Additional Information: Develop partnerships, policies and programs that foster innovation and effective use of taxpayer resources. Subject: Resolution No. 2012 -13: Relating to Real Estate; approving and authorizing the Mayor to execute a license agreement for electric vehicle charging stations Discussion: Electric Transportation Engineering Corporation, dba ECOtality North America, has received a United States Department of Energy grant to install Electric Vehicle Supply Equipment (EVSE) stations to provide convenient recharging locations for electric vehicles. If approved, this item would grant ECOtality a license to install EVSE stations in parking lots at Ora Mae Ham Park, Crossroads at Silverbell District Park, and the Marana Operations Center. Financial Impact: ECOtality is required to pay out -of- pocket costs associated with the placement of the EVSE stations and the electricity to serve them. At ECOtality's option and subject to requirements of the federal funding, if ECOtality charges access fees for the use of the EVSE stations, all net revenues will be split evenly with the Town. ATTACHMENTS: Name: Description: Type: ❑;Resolution_ECOtality _ lice..nse approv..al {00029..5..20�_D_.O_.0 Resolution Resolution ❑ .A..G...T_ 201. 20224_ E..C...Otality_lic...e...nse .w....ith ex...h..b..ts — Exhibit A to Resolution — ECOtality license agreement Exhibit (000295.2...1_t.pdf Stall' Recommendation: Staff recommends approval of the ECOtality license agreement. Suggested Motion: I move to adopt Resolution No. 2012 -13, approving and authorizing the Mayor to execute a license agreement with ECOtality for the installation of electric vehicle charging stations on Town -owned property. Regular Council Meeting - March 6, 2012 - Page 4 of 98 MARANA RESOLUTION NO. 2012-13 RELATING TO REAL ESTATE; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE A LICENSE AGREEMENT FOR ELECTRIC VEHICLE CHARGING STATIONS WHEREAS the United States Department of Energy (the "DOE ") has provided funding through the American Recovery and Reinvestment Act ( "ARRA ") to accelerate the development and production of electric vehicles ( "EVs ") in order to reduce petroleum consumption in the United States; and WHEREAS for the use of EVs to expand drivers of EVs will require access to sufficient publicly available Electric Vehicle Supply Equipment ( "EVSE ") stations exist to provide for convenient re- charging of EVs in locations remote from the drivers' homes; and WHEREAS to encourage the development and use of EVs, the DOE is supporting the development of a large publicly available EV charging infrastructure in several cities in the United States, including the Town of Marana, through a program known as the "EV Project," which will provide EVSE units at publicly available locations in the United States; and WHEREAS the Electric Transportation Engineering Corporation, doing business as ECOtality North America, ( "ECOtality ") has received a grant from the DOE (the "DOE Grant ") as part of the EV Project to install EVSE stations and to collect data relating to public use of the EVSE stations; and WHEREAS the data collected from publicly available EVSE and EV Project participants will be analyzed under the DOE Grant to determine vehicle use and charging patterns in a variety of topographies and climate conditions, to evaluate the effectiveness of the charge infrastructure deployed under the EV Project, and to support the future deployment of EV infrastructure in other regions; and WHEREAS the Town has a long- standing commitment to resource conservation and has been an active participant in energy conservation, energy efficiency and environmental preservation and is committed to protecting the environment and providing a sustainable future for its residents; and WHEREAS the Town is interested in the outcome of the studies and other efforts being undertaken by ECOtality as part of the DOE Grant, including the extent to which EVSE stations on Town sites licensed to ECOtality would affect energy use by Town and the use of EVs by members of the public; and WHEREAS ECOtality desires to obtain a license from the Town to use certain Town- owned lands for the purpose of installing, maintaining, operating and removing EVSE stations to facilitate ECOtality's implementation of the DOE Grant; and Regulf Mg . e - 1yarch 6, 2012 - Page 5 of 98 _ 1 _ {00029520.DOC/} WHEREAS the Mayor and Council of the Town of Marana find that approving the license agreement to ECOtality is in the best interests of the citizens of Marana. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, that the license agreement for electric vehicle charging stations between the Town of Marana and Electric Transportation Engineering Corporation, doing business as ECOtality North America, ( "ECOtality ") attached to this resolution as Exhibit A is hereby approved, and the Mayor is authorized to execute it for and on behalf of the Town of Marana. IT IS FURTHER RESOLVED that the Town Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, conditions and objectives of the agreement. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 6 day of March, 2012. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regu1j,r P# . e arch 6, 2012 -Page 6 of 98 -2- {00029520.DOC/} TOWN OF MARANA LICENSE AGREEMENT FOR ELECTRIC VEHICLE CHARGING STATIONS THIS LICENSE AGREEMENT (this "Agreement ") is entered into by and between the TOWN OF MARANA, an Arizona municipal corporation (the "Town "), and ELECTRIC TRANSPORTATION ENGINEERING CORPORATION, an Arizona corporation (the "Licensee "), dba ECOtality North America. The Town and the Licensee are sometimes collectively referred to as the "Parties," either of which is sometimes individually referred to as a Parry. RECITALS A. The Town owns certain real properties more particularly described on Exhibit A attached to and incorporated by this reference in this Agreement (collectively the "Town's Properties "), specific portions of which will be licensed to the Licensee pursuant to this Agreement. The licensed portions are described and depicted on Exhibit B and Exhibits B -1 through B -_ attached to and incorporated by this reference in this Agreement, and collectively referred to in this Agreement as the "Licensed Premises." B. Licensee is the owner of the Equipment and Software more particularly described on Exhibit C attached to and incorporated by this reference in this Agreement, (collectively the "Equipment "). C. The United States Department of Energy (the "DOE ") has provided funding through the American Recovery and Reinvestment Act ( "ARRA ") to accelerate the development and production of electric vehicles ( "EVs ") in order to reduce petroleum consumption in the United States. D. For the use of EVs to expand drivers of EVs will require access to sufficient publicly available Electric Vehicle Supply Equipment ( "EVSE ") stations exist to provide for convenient re- charging of EVs in locations remote from the drivers homes. E. To encourage the development and use of EVs, the DOE is supporting the development of a large publicly available EV charging infrastructure in several cities in the United States, including the Town of Marana, tlrl•ough a program known as the "EV Project," which will provide EVSE units at publicly available locations in the United States. F. Pursuant to the EV Project, the Licensee has received a grant from the DOE (the "DOE Grant ") to install EVSE stations and to collect data relating to public use of the EVSE stations. The data collected from publicly available EVSE and EV Project 100028445.DOC / 2) 'Down of Marana EV Charging Stations License Agreement 2/8/201210:53 AM Page 1 of 17 Regular Council Meeting -March 6, 2012 - Page 7 of 98 participants will be analyzed to determine vehicle use and charging patterns in a variety of topographies and climate conditions, to evaluate the effectiveness of the charge infrastructure deployed under the EV Project, and to support the future deployment of EV infrastructure in other regions. G. The Town has a long - standing commitment to resource conservation and has been an active participant in energy conservation, energy efficiency and environmental preservation and is committed to protecting the environment and providing a sustainable future for its residents. H. The Town is interested in the outcome of the studies and other efforts being undertaken by the Licensee as part of the DOE Grant, including the extent to which EVSE stations on the Licensed Premises would affect energy use by Town and the use of EVs by members of the public. 1. The Licensee desires to obtain from the Town certain rights over, under and across the Licensed Premises for the purpose of installing, maintaining, operating and removing the Equipment to facilitate Licensee's implementation of the DOE Grant. J. On March 6, 2012, the Marana Town Council adopted Town of Marana Resolution No. 2012- approving and authorizing the Mayor to execute this Agreement. AGREEMENT NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which are Hereby acknowledged, the Parties agree as follows: 1. TIw License. Town hereby grants to Licensee a revocable license (the "License ") to use and occupy the Licensed Premises, on the terms and conditions stated in this Agreement, to install, maintain, and operate the Equipment for the limited purpose of implementing the DOE Grant. 1.1. Limited, Nonexclusive Rights. This License is a revocable, nonexclusive, and non - possessory authorization for Licensee to enter upon and use the Licensed Premises solely for the Iimited purposes described in paragraph 1.3 below on the terms and conditions stated in this Agreement. The Licensee may not use the Licensed Premises for any other purpose or in any other manner without Town's prior written consent. This License in no way restricts Town's use or conveyance of the Licensed Premises, any interest in it, or any improvements on it, or Town's use of the Licensed Premises in any manner not inconsistent with the License. This License is not intended to create or convey to Licensee an interest in real property, and may not be recorded without Town's prior written permission. 1.2. Rights of Others. Nothing in this License shall be construed as Town's representation, warranty, approval, or consent regarding rights in the Licensed Premises held by other parties, and Licensee is responsible for ascertaining the rights of all third parties in the Licensed Premises and obtaining their consent to the activities described in this License as necessary or appropriate. The Licensee agrees 100028445.DOC / 21 Town of Marana EV Charging Stations License Agreement 2/8/201210:53 AM Page 2 of 17 Regular Council Meeting - March 6, 2012 - Page 8 of 98 to obtain, at its sole expense, such other licenses, permits, consents and agreements as may be required to address the rights of others by other appropriate agreements, easements, privileges or other rights, whether recorded or unrecorded, and shall make its own arrangements with holders of such prior rights. 1.3. Scope of License; Permitted Uses. During the term of this Agreement, the Licensee shall have reasonable access to the Licensed Premises for the limited purpose of installing, maintaining, using, operating, repairing, and removing the Equipment. The Licensee may not use the Equipment located on the Licensed Premises for any purpose other than to provide for EV charging and to collect data relating to the use of the EVSE. The Licensee may not display any logo, advertisement, or other information on the Equipment, other than instructions regarding the operation and use of the Equipment, without Town's prior written approval. 1.4. Condition of Premises. TI1e Licensee agrees to accept the Licensed Premises "As Is," without warranty of any kind, express or implied. The Licensee acknowledges that the Town is not obligated to construct or install any improvements or facilities of any kind on the Licensed Premises. The Licensee must use commercially reasonable efforts to maintain the Licensed Premises and any Equipment installed on the Licensed Premises in a condition satisfactory to the Town, including the removal of graffiti and other unsightly, dangerous or offensive conditions from the Equipment and the Licensed Premises. During the term of this Agreement, the Licensee will have primary and ultimate responsibility for maintaining the condition of the Licensed Premises at the Licensee's sole expense, but the Town will cooperate with the Licensee to implement appropriate, mutually agreed upon procedures to assure that the Licensed Premises are maintained in a condition that is satisfactory to both the Town and the Licensee. 1.5. Touln Energy Use Monitor. Each EVSE monitors the energy used and dispensed to customers. The Licensee shall give the Town the capability to access data from a portal to monitor each EVSE's energy use. 1.6. Condition of Licensee's Equipment. During the term of this Agreement, the Licensee shall maintain the Equipment in a reasonable, safe and operable condition at all times when the Equipment is installed on the Licensed Premises. The Town will have no right or responsibility to repair, maintain, or operate the Equipment. The Town will cooperate with the Licensee to implement appropriate, mutually agreed upon measures to assure that the Equipment is maintained in operable condition and that if the Equipment is damaged or becomes inoperable that the Licensee is promptly notified. The Licensee shall repair or replace, at the Licensee's option and at the Licensee's sole expense, the Equipment or parts or components of it as the Licensee deems necessary and appropriate. 1.7. Environnientol Hazards. The Licensee shall not use or store, or permit to be used stored, on the Licensed Premises, gasoline or petroleum products, hazardous 100028445.DOC / 2} Town of Marana GV Charging Stations License Agreement 2/8/201210:53 AM Page 3 of 17 Regular Council Meeting - March 6, 2012 - Page 9 of 98 or toxic substances or flammable materials, herbicides, pesticides, fungicides, algaecides. The Licensee shall not produce, locate, transport, store, treat, discharge, dispose of, or release any substance regulated under any local, state or federal environmental protection law or regulation upon or under the Licensed Premises. 1.8. Waste, Nuisance. The Licensee shall not commit or suffer to be committed any waste or impairment of the Licensed Premises, or any use or activity that constitutes a nuisance. 1.9. Compliance roitlt Lau)& The Licensee shall comply with all applicable federal, state, municipal and local laws, and the rules, orders, regulations and other legal requirements, including laws and regulations relating to occupational safety and health and environmental protection, and all orders, writs, judgments, injunctions, decrees or awards of any court or goverlunental authority with jurisdiction over the Licensee or the Licensed Premises. The Licensee shall promptly obtain and shall maintain in effect throughout the term of this Agreement all licenses, permits, authorizations, registrations, rights and franchises necessary to conduct the actions required or permitted by this Agreement. The Licensee shall not encourage or permit any use in or upon the Licensed Premises in violation of any applicable federal, state or local laws, statutes, rules or regulations. 1.10. Compliance witlz Town Requirements. Any use made of the Licensed Premises pursuant to this License, and any construction, maintenance, repair, or other work performed thereon by the Licensee, including the installation and removal of any article or thing, shall be accomplished in a manner satisfactory to the Town. 1.11. Structures. The Licensee shall not place or construct upon, over or under the Licensed Premises any installation or structure of any kind or character that is not expressly authorized in this Agreement or in writing signed by a duly authorized representative of the Town. 1.12. Alterations; Damage; Restoration. The Licensee shall not alter the Licensed Premises without obtaining the prior written consent of the Town and, if applicable, any other person or entity having an interest in or right to use or occupy the Licensed Premises. The Licensee shall bear all costs and expenses associated with performing any alterations to the Licensed Premises, including without limitation any and all costs of construction and any increased operating costs resulting from the alterations. The Licensee shall not alter, destroy, displace or damage the Licensed Premises or any neighboring property in the exercise of the privileges granted by this Agreement without the prior written consent of the Town and any other affected landowner, and the express agreement of the Licensee promptly to replace, return, repair and restore the Licensed Premises or any neighboring property to a condition satisfactory to the Town and any other affected landowner upon demand, and at the Licensee's sole cost and expense. 1.13. Operation and Use of the Equipment. The Licensee shall confine activities on the Licensed Premises strictly to those necessary for the enjoyment of the activities 100028445.DOC / 21 Town of Marana GV Charging Stations License Agreement 2/8/201210:53 AM Page 4 of 17 Regular Council Meeting - March 6, 2012 - Page 10 of 98 licensed by this Agreement. The Licensee shall not mar or impair the appearance of the Licensed. Premises, obstruct access to it, interfere with the t?ansaction of the Town's business and the convenience of the public, or jeopardize the safety of persons or property, or cause justifiable public criticism. 1.14. Expense. Any cost, expense or liability connected with or in any manner incident to the granting, exercise, enjoyment, or relinquishment of this License shall be assumed and paid or discharged by the Licensee. Such costs shall include, but shall not be limited to, costs to install or remove the Equipment, costs to install electricity or other power supplies to serve and operate the Equipment, and costs to keep the Equipment free of graffiti and debris. 1.15. Assignment. The Licensee shall not assign this Agreement and shall not sub- license all or any portion of the Licensed Premises, and any purported assignment or sub - license by the Licensee is void. This license does not confer on or convey to the Licensee any possessory interest in, any right to exclusive possession or occupancy of, or any right of quiet enjoyment of the Licensed Premises. The privileges granted to the Licensee by this Agreement are personal to the Licensee and may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express and written consent of the Town. 1.16. Cancellation for Conflict. This License is subject to cancellation by the Town in certain instances involving conflicts of interest, as set forth in Arizona Revised Statutes Section 38 -511, as amended. 1..17. Responsibility for Others. The Licensee shall be responsible for the conduct and discipline of its employees, contractors, subcontractors, invitees, licensees, and other persons entering upon or using the Licensed Premises pursuant to this Agreement. 1.18. Subordination. This Agreement and the License granted in it are subject and subordinate to the terms of all bond covenants, ground leases, superior leases, mortgages, deeds of trust, other security instruments, and any other prior rights and matters of record now or hereafter affecting the Towns interest in the Licensed Premises. 2. Effective Date; Term of License. This Agreement is effective on the signature date of the last Party to sign this Agreement. The License granted by this Agreement shall become effective as of December 1, 2011 (the "Commencement Date "), and shall automatically expire and terminate on December 31, 2012 unless sooner terminated as provided for in this Agreement or unless otherwise agreed in a writing signed by the Parties. 3. E VSE Access .Fees. The Licensee may charge fees for the use of the Equipment in amounts and at rates set by the Licensee consistent with its obligations under the DOE Grant and any and all other applicable laws and regulations. [00028445.DOC / 21 Town of Marana LV Charging Stations License Agreement 2/8/201210:53 AM Page 5 of 17 Regular Council Meeting - March 6, 2012 - Page 11 of 98 3.1. Transaction Privilege Taxes. The Licensee shall be responsible for payment of any and all applicable transaction privilege taxes for fees and rates charged for EVSE access. 4. Consideration. As consideration for the License, the Licensee agrees to pay the Town as follows: 4.1. Initial Payment. The Licensee shall pay the Town $1.00 upon execution of this Agreement. 4.2. Quarterly Payment. The Licensee shall pay the Town the Energy Cost plus 50% of the net revenues received by the Licensee from access fees charged at the Licensed Premises (the "Quarterly Net Revenues "), 4.3. Time of Quarterly Payment. Quarterly Net Revenues shall be paid quarterly within 30 days of the end of each calendar quarter. 4.4. Calculation of Quarterly Payment. Quarterly Net Revenues shall be the sum of the Energy Cost and half of the Quarterly Net Revenues, calculated as follows: 4.4.1. Energy Cost. The Lessee shall pay the Town's direct cost of electricity used during the calendar quarter at all facilities licensed under this Agreement (the "Energy Cost "). This cost shall be determined based on the energy use data from the EVSE portals referenced in paragraph 1.5 above. 4.4.2. Half of Quarterly Net Revenues. The Lessee shall pay the Town 50% of the difference between (i) the total EVSE access fees received by the Lessee from the use of the Equipment on the Licensed Premises during the calendar quarter and (ii) the Energy Cost. 5. Surrender; Removal of the Equipment. On the expiration or any earlier termination of this Agreement, the Licensee shall vacate the Licensed Premises and surrender possession of the Licensed Premises to the Town. 5.1. The Touin s Option to Retain the Equipment upon Expiration of t1w Term. Upon the expiration of the Term, the Town, in its sole and absolute discretion, may elect to retain the Equipment. The Town shall notify the Licensee in writing not less than 30 days prior to the expiration of this Agreement if the Town desires to retain the Equipment on some or all of the Licensed Premises. If the Town fails to deliver the written notice within the 30 -day period, the Town win be deemed not to have elected to retain the Equipment at the Licensed Premises. If the Town elects to retain the Equipment installed at some or all of the Licensed Premises, the Town shall thereby acquire from Licensee all rights, title, and interest in and to the Equipment and to the software necessary to operate it at no additional cost, and the Licensee agrees to execute and deliver to the Town such documents as the Town's attorney may reasonably request to evidence the transfer of title. 5.2. Removal of the Equipment by the Licensee upon Expiration of the Term. Unless the Town elects to retain the Equipment as described in subparagraph 5.1 above, the 100028445.130C / 2) Town of Marana rV Charging Stations License Agreement 2/8/201210:5,3 AM Page 6 of 17 Regular Council Meeting - March 6, 2012 - Page 12 of 98 Licensee shall remove (at the Licensee's sole cost and expense) any or all of the Equipment, and shall restore the Licensed Premises to a safe and reasonable condition, as more specifically described in subparagraph 5.4 below. Should the Town elect to continue ECOtality Blink Network and Equipment support, following the Term or earlier termination thereof, such additional services shall be subject to a new written agreement to be entered into between the Parties. 5.3. Remoml of the Equipment by Town. If Town timely notifies Licensee of Town's election to have Licensee remove the Equipment from the Licensed Premises, Licensee will promptly remove the Equipment and restore the condition of Licensed Premises as provided in subparagraph 5.4 below. If Licensee does not remove the Equipment and restore the condition of the Licensed Premises within said ninety day period, Town may cause the Equipment to be removed and the condition of the Licensed Premises restored, and may recover from Licensee all expenses reasonably incurred in connection with such removal and restoration. Licensee agrees to pay all expenses of removal promptly upon receipt of demand for such payment. In addition, the Equipment will be deemed abandoned by Licensee and title shall automatically be vested in Town, which may use or dispose of the Equipment in its sole discretion. 5.4. Restoration. Upon expiration or termination of the License and removal of the Equipment Licensee will, at Licensee's sole expense and to Towns satisfaction, restore the affected portions of the Licensed Premises (surface and subsurface) to the condition they were in on the Commencement Date, ordinary wear and tear, fire and other casualty excepted, except as specifically described on Exhibit D attached hereto. 6. Termination. This Agreement and the License may be terminated by either Party, in that Party's sole discretion, for any reason or no reason, upon delivery of 30 days' written notice of termination to the other Party, in the manner provided in paragraph 10 below. 7. Use of t11e Equipment by the Town. 7.1. Software License. During the term of this Agreement and for any additional period the Town uses the Equipment after termination in accordance with paragraph 5.1 above, the Licensee grants to the Town a non - exclusive and non- transferable license, to use the Licensee's software in the form in which it is embedded in the Equipment on the delivery date for use in conjunction with other parts of the Equipment on the condition that the Equipment shall be used for its intended purpose only. Nothing contained in this paragraph shall be construed as an assignment or transfer of any copyright, design right or other intellectual property rights in such software, all of which rights are owned by the Licensee. 7.2. Limitation of Licensee's Liability. The Licensee makes no warranty or representation, expressed, implied, oral or statutory, to the Town or any third party, with respect to the Software or the Equipment, including, without limitation, any warranty, condition or representation: (a) of merchantability, fitness for a particular 100028445.DOC / 2) Town of Marana EV Charging Stations License Agreement 2/8/201210:53 AM Page 7 of 17 Regular Council Meeting - March 6, 2012 - Page 13 of 98 purpose, satisfactory quality, or arising from a course of dealing, usage, or trade practice; (b) that the products will be free from infringement or violation of any rights, including intellectual property rights of third parties; or (c) that the operation of any software supplied will be uninterrupted or error free. 8. Indemnification. Licensee shall indemnify, defend, save and hold harmless the Town of Marana and its officers, officials, agents, and employees (collectively referred to as the "Town ") from and against any and all claims, actions, liabilities, damages, losses, or expenses (including court costs, attorneys' fees, and costs of claim processing, investigation and litigation) (hereinafter referred to as "Claims ") for bodily injury or personal injury (including death), or loss or damage to tangible or intangible property caused, or alleged to be caused, in whole or in part, by the negligent or willful acts or omissions of the Licensee or any of its owners, officers, directors, agents, employees or contractors, arising out of or related to the Licensees occupancy and use of the Licensed Premises. It is the specific intention of the Parties that the Town shall, in all instances, except for Claims arising solely from the negligent or willful acts or omissions of the Town, be indemnified by the Licensee from and against any and all Claims. The Licensee shall be responsible for primary loss investigation, defense and judgment costs where this indemnification is applicable. In consideration for the use and occupancy of the Licensed Premises, the Licensee agrees to waive all rights of subrogation against the Town, its officers, officials, agents and employees for losses arising from the use, occupancy or condition of the Licensed Premises. 9. Insurance Requirements. The Licensee shall procure and maintain for the duration of this Agreement insurance against claims for injury to persons or damage to property which may arise from or in connection with this Agreement. These insurance requirements are minimum requirements and in no way limit the indemnity covenants contained in this Agreement. The Town does not warrant that the minimum limits contained in this paragraph are sufficient to protect the Licensee from liabilities that may arise out of this Agreement. The Licensee is free to purchase such additional insurance as the Licensee determines necessary. An excess liability policy or umbrella liability policy may be used to meet the minimum liability requirements provided that the coverage is written on a "following form" basis. The Town shall be named as "additional insured" on all insurance policies providing coverage related to this Agreement to the full limits of liability purchased by the Licensee. Each insurance policy required by this Lease must be in effect at or prior to commencement of this License and remain in effect for the duration of the License. 9.1. Commercial General Liability - Occurrence Form. Policy shall include bodily injury, property damage and broad form contractual liability coverage. • General Aggregate ............. ............................... ............$2,000,000 • Products - Completed Operations Aggregate ................$1,000,000 (00028445.DOC / 2) Town of Marana 1;V Charging Stations License Agreement 2/8/201210:53 AM Page 8 of 17 Regular Council Meeting - March 6, 2012 - Page 14 of 98 • Personal and Advertising Injury ................. .....................$1,000,000 • Each Occurrence .............. ............................... .....................$1,000,000 • Fire Damage (Damage to Rented Premises) ......................$100,000 9.2. Pritluiry Insurance. The Licensee's insurance coverage shall be primary insurance and non- contributory with respect to all other available sources. 9.3. Notice of Cancellation. The Licensee shall provide the Town notice within two business days after the Licensee becomes aware that any insurance policy referenced in this Agreement is suspended, voided or cancelled for any reason, or if the coverage amounts are reduced in any way. The Licensee's notice to the Town shall be mailed, emailed, hand delivered or sent by facsimile transmission to the address set forth in paragraph 10 below. 9.4. Acceptabilihf of Insurers. All insurance referenced in this Agreement shall be procured by the Licensee from insurers duly licensed or authorized to do business in the state of Arizona and with an "A.M. Best" rating of not less than B+ VI. The Town does not warrant that this minimum insurer rating is sufficient to protect the Licensee from potential insurer insolvency. 9.5. Verification of Coverage. The Licensee shall furnish the Town with certificates of insurance (ACORD form or equivalent approved by the Marana Town Attorney) as required by this Agreement. The certificates for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and any required endorsements shall be received and approved by the Town before the License commences. All certificates required by this Agreement shall be sent directly to the Marana Town Attorney at the address set forth in paragraph 10 below. The Town reserves the right to require the Licensee to provide complete, certified copies of all insurance policies and endorsements required by this Agreement at any time. 9.6. Modification. Any modification or variation from the insurance requirements in this Agreement shall have prior approval from the Marana Town Attorney, whose decision shall be final. Modification or variation of insurance requirements shall not require a formal amendment of this Agreement, but may be made by administrative action. 10. Notices. All notices or other communications required or permitted to be provided pursuant to this Agreement shall be in writing and may be hand delivered, sent by United States Mail, postage prepaid, or delivered by a nationally recognized courier service. Any notice will be deemed to have been given when delivered if hand delivered, when received if sent by courier, or 48 hours following deposit in the United States Mail. Notices shall be addressed as follows: {0002U45.DOC / 21 Town of Marana i?V Charging Stations Licerue Agreement 2/8/201210 AM Page 9 of 17 Regular Council Meeting - March 6, 2012 - Page 15 of 98 To the Town: Town of Marana Attention: Town Manager 11555 West Civic Center Drive Marana, Arizona 85653 with a required copy to: Town of Marana Attention: Town Attorney 11555 West Civic Center Drive Marana, Arizona 85653 To the Licensee: Electric Transportation Engineering Corporation, dba ECOtality North America 430 South 2nd Avenue Phoenix, AZ 85003 -2418 11. Governing L.a7t). This Agreement shall be interpreted according to, and governed by, the procedural and substantive laws of the State of Arizona. 12. Interpretation. The headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. When a reference is made in this Agreement to a paragraph, such reference shall be to a paragraph of this Agreement unless otherwise indicated. 13. Entire Agreement. This Agreement and the exhibits and schedules referenced or attached to it constitute the entire agreement between the Parties with respect to the subject matter of this Agreement and shall supersede all prior agreements, understandings and negotiations, both written and oral, between the Parties with respect to the subject matter of this Agreement. 14. Severabilitlj. If any terms or other provision of this Agreement or the schedules or exhibits attached to it are determined by a court, administrative agency or arbitrator to be invalid, illegal or unenforceable, such invalidity or unenforceability shall not render the entire Agreement invalid. Rather, this Agreement shall be construed as if it does not contain the particular invalid, illegal or unenforceable provision, and all other provisions of this Agreement shall nevertheless remain in full force and effect so long as the economic or legal substance of the transactions contemplated by this Agreement is not affected in any manner materially adverse to either Party. Upon a determination that any term or other provision is invalid, illegal or unenforceable, the Parties shall negotiate in good faith to modify this Agreement to carry out the original intent of the Parties as closely as possible in an acceptable manner to the end that the transactions contemplated by this Agreement are fulfilled to the fullest extent permitted under applicable law. 15. Information. Subject to applicable law and privileges, each Party covenants with and agrees to provide to the other Party all information regarding itself and transactions under this Agreement that the other Party reasonably believes is required (00028445.DOC / 21 'town of Marana EV Charging Stations License Agreement 2/ 8/201210:53 AM Page 10 of 17 Regular Council Meeting - March 6, 2012 - Page 16 of 98 to comply with all applicable federal, state, county and local laws, ordinances, regulations and codes. 16. Furtller Agreements. The Parties shall execute or cause their applicable affiliates to execute such additional agreements between the Parties and/or their respective affiliates as may be reasonably necessary to effectuate the intent of this Agreement. 17. Binding Effect. This Agreement shall inure to the benefit of and be binding upon the Parties and their respective legal representatives and successors, and nothing in this Agreement, express or implied, is intended to confer upon any other person any rights or remedies of any nature whatsoever under or by reason of this Agreement. 18. Amendment and Modification. This Agreement may be amended at any time by mutual consent of the Town and the Licensee, evidenced by an instrument in writing signed on behalf of each of the Parties. 19. Default; Remedies. The actual or prospective failure of either Party to satisfy any material obligation under this Agreement, and the breach of any material representation or warranty stated in this Agreement, shall be an event of default. If a Party's default continues without cure for 30 days after delivery of a written notice of default in the manner provided in paragraph 10 above, the other Party shall be entitled to terminate this Agreement for cause, and to all other remedies available at law or in equity, including damages and specific performance. The rights and remedies set forth in this Agreement are not intended to be exhaustive and the exercise by either Party of any right or remedy does not preclude the exercise of any other rights or remedies that may now or subsequently exist in law or equity or by statute or otherwise. 20. Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of either Party in the exercise of any right under this Agreement shall impair that right or be construed as a waiver of, or acquiescence in, any breach of any representation, warranty or agreement set forth in this Agreement, nor shall any single or partial exercise of any right preclude other or further exercise of that right or of any other right. 21. Authority. Each Party represents to the other Party that (a) it has the corporate or other requisite power and authority to execute, deliver and perform this Agreement, (b) the execution, delivery and performance of this Agreement by it have been duly authorized by all necessary corporate or other actions, (c) it has duly and validly executed and delivered this Agreement and (d) this Agreement is its legal, valid and binding obligation, enforceable against it in accordance with this Agreement's terms, subject to applicable bankruptcy, insolvency, reorganization, moratorium or other similar laws affecting creditors' rights generally and general equity principles. 22. Third Party Beneficiaries. None of the provisions of this Agreement shall be for the benefit of or enforceable by any third party, including any creditor of any Party. No third party shall obtain any right under any provision of this Agreement or shall by reasons of any such provision make any claim in respect of any liability (or otherwise) )00028445.DOC / 2) Town of Marana L'V Charging Stations License Agreement 2/8/201210:53 AM Page 11 of 17 Regular Council Meeting - March 6, 2012 - Page 17 of 98 against either Party. Notwithstanding the foregoing, it is understood that the Licensee's rights under this Agreement shall inure to the benefit of Licensee's affiliates and their officers, directors and employees. 23. Attorneys' Fees. If a suit, action, arbitration or other proceeding of any nature whatsoever is instituted ui connection with any controversy arising out of this Agreement or to interpret or enforce any rights under this Agreement, the prevailing Party shall be awarded its reasonable attorney fees, and costs and expenses incurred. 24. Iran and Sudan. Pursuant to A.R.S. §§ 35- 391.06 and 35- 393.06, the Licensee certifies that it does not have a scrutinized business operation., as defined in A.R.S. §§ 35 -391 and 35 -393, in either Iran or Sudan. 25. Confidentiality and Data Security. Personal identifying information, financial account information, or restricted Town information, whether electronic format or hard copy, must be secured and protected at all times to avoid unauthorized access. At a minimum, the Licensee shall encrypt and /or password- protect electronic files, including data saved to laptop computers, computerized devices or removable storage devices. 25.1. Destruction. When personal identifying information, financial account information, or restricted Town information, regardless of its format, is no longer necessary, the information must be redacted or destroyed through appropriate and secure methods that ensure the information cannot be viewed, accessed, or reconstructed. 25.2. Notification. If data collected or obtained by the Licensee in connection with this Agreement is believed to have been compromised, the Licensee shall immediately notify the Marana Town Attorney. The Licensee shall reimburse the Town for any costs incurred by the Town to investigate potential breaches of this data and, where applicable, the cost of notifying individuals who may be affected by the breach. 25.3. Incorporation into Subcontracts. The Licensee shall incorporate the requirements of this paragraph 25 shall be incorporated into all subcontractor/ subconsultant agreements entered into by the Licensee. Violation of this paragraph 25 shall be deemed to cause irreparable harm that justifies injunctive relief in court. A violation of this paragraph 25 may result in immediate termination of this Agreement without notice. 25.4. Survival after Termination. The Licensee's obligations under this paragraph 25 shall survive the termination of this Agreement. 26. Data Collection Jbr DOE Grant Purposes. During the term of this Agreement, the Town will allow the Licensee reasonable access to the Equipment, the Licensed Premises, and existing sources of electrical energy as reasonably necessary to enable the Licensee to collect and transmit data regarding public use of the Equipment as may be required by the DOE Grant. J00028445.DOC / 21 'town of Marana GV Charging Stations License Agreement 2/8/201210:53 AM Page 12 of 17 Regular Council Meeting - March 6, 2012 - Page 18 of 98 Miscellaneaus. is ess ence with respect to the perf orrman e ' of every provision of this Agreement in which time of performance is a facer. Except as expressly provided in this Agre e ment , to , the con", when this Agreement requi Party to du some thin t shall do so at its sole cost and expense without right of reimburse xent. from the other Party Whenever one Pi's conse approval is requited to be given as, a condition to the other Pates ti t to e any actin pursuant to this Agreement, unless another standard " is expressly set fortk consent o approval shalf not be u nreason Aly withheld, conditioned or delayed.; X Counterparts, This A r e � ` ted in separate coAmterparts, each of which shall be deemed an original and aft of which, when taken ' r� shall constitute one and the same agreement. IN W "M Of this Agmement, each of th Parde has caused this Agreement to b duly e xecuted as of the last Party signa date set forth bel . I SHE T, TnE UTWE& TOW OF MA A A, a Arizona municipal- Lv-cTRic ` " AN RTATION I c orporation � �� TION, an Arizona poratioa Ed Honea, Mayor. T om Jam sokirector of Sales `owns Clerk APP ROVED AS TO FORK Town Attorney SATE . ay of foregoing instrument was acknowledged before me this Q i Ve_ 20,12: by Tom Jacobson i rC for of Sales of Tit. MC T'RANSPORTA*N EN('*4EWING CORPORAMN, an Arizona corporation, doing business a s ECOtahty North if of the corporati sk" of WY M: ta< �h ` . Phi Ot 51� Town of Mar W CIW&411 Lkftm Agrftmen# AJIA P ?l1*f 17 Regular Council Meeting - March 6, 2012 - Page 19 of 98 EXHIBIT A Description of the Town's Properties Location No. Property Address # of EVSE 1. Ora Mae Harn Park -13250 N. Lon Adams Road, 85653 -1 Pedestal 2. Crossroads at Silverbell District Park - 7548 N. Silverbell Road, 85653 - 4 Pedestals 3. Marana Operations Center - 7548 N. Silver Bell Road, 85653 - 2 Pedestals Town of Marana EV Charging Stations License Agreement 14 Regular Council Meeting - March 6, 2012 - Page 20 of 98 3 r r• ,. r ac - _ , :' tea"' R IV Location No. 2 - Crossroads at Silverbell District Park - Locations 1 & 2 Town of Marana EV Charging Stations License Agreement 16 Regular Council Meeting - March 6, 2012 - Page 22 of 98 ^ x d'- — _ r a. to '� 3 F ,$ 04 O g F: Town of M*OjiA WChargingStations Lio ns Regular Council Meeting - March 6, 2012 - Page 23 of 98 Location No. 3 - Marana Operations Center Town of Marana BV Charging Stations License Agreement 18 Regular Council Meeting - March 6, 2012 - Page 24 of 98 C c � �a C � c 03 le E EC Regular Council Meeting - March 6, 2012 - Page 25 of 98 EXHIBIT C Description of the Equipment and Software to be installed on the Licensed Premises BlinkTm Level 2 Electric Vehicle Supply Equipment BlinkTM Level 2 Electric Vehicle Supply Equipment (EVSE) provides the transfer of electrical energy from the utility to the vehicle. Level 2 charging (240 volt AC input) is the primary and preferred method for charging vehicles in residential and commercial facilities. The Blink EVSE design provides intelligent, user - friendly features to easily and safely charge electric vehicles. Specifications, Standards, and Certifications Input Voltage 208VAC to 240VAC +/- 10% Input Phase Single Frequency 50/60 Hz Input Current 30 Amps (maximum); 12A, 16A, 24A available . Breaker Size 40 Amps; settings at 15A/20A/30A available Output Voltage 208VAC to 240VAC +/- 10% Output Phase Single Pilot SAE J1772- compliant Operational Sequence SAE J1772- compliant Connector /Cable SAE J1772- compliant; UL rated at 30A maximum Cable Length 18 feet (estimated) Exterior Dimensions Wall Mount: 18 ". W x 22" H x 5- 9/16 D .. . Cord Mount: 18" diameter Pedestal: 66 "H x 20" W x 17" D (ADA- compliant height available) Temperature Rating -22° F ( -30° C) to +122° F ( +50° C) Enclosure NEMA Type 3R; sun- and heat - resistant Mounting Wall -mount or pedestal Blink Level 2 EVSE complies with the following standards and certifications: • SAE J1772- compliant • NEC Article 625 electric vehicle charging system • UL and ULc to 2594 Town of Marana EV Charging Stations License Agreement 19 Regular Council Meeting - March 6, 2012 - Page 26 of 98 BlinkThi - Simply Smart Pedestal Design 1, R. xM �.i � _ Figure 1— Blink Level 2 Pedestal EVSE Benefits of Blink's unique binary design: 1 Dramatic, timeless, stylish appearance 2 Ease of installation 3 Specified advertising space on pedestal 4 Convenient cable management for long reach and storage between uses 5 Connector holster for protection and storage 6 Intuitive connector docking 7 Selective height design for convenient compliance with ADA requirements 8 360° beacon light for easy way finding Town of Marana EV Charging Stations License Agreement 20 Regular Council Meeting - March 6, 2012 - Page 27 of 98 ARAN 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, March 6, 2012, 7:00 PM To: Mayor and Council Item C 2 From: Frank Cassidy, Town Attorney Strategic Plan Focus Area: Not Applicable Subject: Resolution No. 2012 -14: Relating to Intergovernmental Relations; endorsing the proposed Camino de Mariana Annexation to the Mountain Vista Fire District Discussion: Mountain Vista Fire District is attempting to annex a large area of land in the general vicinity of Camino de Mariana. As required by Arizona law, a boundary change impact statement has been prepared for the proposed annexation, a copy of which is included with the backup materials for this item. The last page of the boundary change impact statement consists of a map of the proposed annexation area, which is an irregularly shaped area whose southwestern -most point is along the east side of Interstate 10 about a half mile north of Cortaro Farms Road, and its northeasternmost point is along the west side of Camino de Oeste about 1,200 feet north of Tangerine Road. Most of the annexation area is west of the Camino de Oeste alignment and east of the Cascada development. The same annexation map with the Marana town limits highlighted is provided as a separate backup material. This proposed Mountain Vista Fire District annexation area covers the entire Camino de Mariana area that is not currently located within a fire district. Most of the area was included in an unsuccessful 2011 Northwest Fire District annexation effort. Arizona law requires a fire district annexation of land within an incorporated city or town to be "endorsed" by the city or town with an ordinance or resolution. State law does not define the word "endorsed." Nevertheless, the Town has always supported having land located within the town limits in a fire district. ATTACHMENTS: Name: Description: Type: ❑ Resolution Mountain . Vista FD Annexation_ endorsement (00029_ .5.34) DOC _ Resolution Resolution O MAP 20120227 MVFD Town of Marana Overlap Backup Regular Council Meeting - March 6, 2012 - Page 28 of 98 (0..0...0.2...9532) PD..F Map of MVFD Town of Marana overlap area Material ❑ MVFD CdManana Annex Docs.pdf MVFD Boundary Change Impact Statement Backup Material Staff Recommendation: Staff recommends adoption of Resolution No. 2012 -14, endorsing Mountain Vista Fire District's proposed Camino de Mariana annexation. Suggested Motion: I move to adopt Resolution No. 2012 -14, endorsing Mountain Vista Fire District's proposed Camino de Mariana annexation. Regular Council Meeting - March 6, 2012 - Page 29 of 98 MARANA RESOLUTION NO. 2012-14 RELATING TO INTERGOVERNMENTAL RELATIONS; ENDORSING THE PROPOSED CAMINO DE MARANA ANNEXATION TO THE MOUNTAIN VISTA FIRE DISTRICT WHEREAS the Town of Marana has received a boundary change impact statement for Mountain Vista Fire District's proposed Camino de Mariana Annexation; and WHEREAS a portion of the proposed annexation area as depicted in the boundary change impact statement is located within the town limits of the Town of Marana; and WHEREAS A.R.S. § 48 -262 (G) provides for approval of the boundary change impact statement by the Mountain Vista Fire District Board of Directors "only if [the Town of Marana] has by ordinance or resolution endorsed such annexation..."; and WHEREAS the Mayor and Council of the Town of Marana find that adoption of this resolution is in the best interests of the citizens of Marana. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, that the proposed Camino de Mariana Annexation to the Mountain Vista Fire District as depicted in the boundary change impact statement dated February 20, 2012 is hereby endorsed by the Town of Marana in accordance with A.R.S. § 48 -262 (G). IT IS FURTHER RESOLVED that the Town Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out this resolution. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 6` day of March, 2012. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regul a a q ilpe j_,yamh 6, 2012 - Page 30 of 98 {00029534.DOCf} PROPOSED ANNEXATION 000NDARY t 1 1 � 25001' w a AM ON wo s 1id1171i i. MMt , ELI r k£ Ia VW I A r Ij ._. : "' n' a: EXHIBIT CAMINO. 08 MANANA ANNEXATION Aft to MOUNTAIN VISTA FIRE DIMICT Baker & Engineering, Inc. " OM4 OW NS-W rO ' 31844 2 - 15 -12 "1 6 Regular counomeetmg - March 6, 2012 - Page M of 98 MOUNTAIN VISTA FIRE DISTRICT NOTICE OF A SPECIAL MEETING AGENDA 9:00 a.m. on Thursday, February 23, 2012 2292 West Magee Road, Suite #190, Tucson, Arizona Pursuant to A.R.S. 38- 431.02: Notice is hereby given to the members of the Mountain Vista Fire District and the general public that the Mountain Vista Fire District Board of Directors will hold a meeting open to the public on Thursday, February 23, 2012 at 9:00 AM at the District Office, 2292 W. Magee Road, Suite 180 &190, Tucson, Arizona 85742. I. CALL TO ORDER and ROLL CALL a. Pledge of allegiance II. CALL TO THE PUBLIC Members of the Board may not discuss items that are not specifically identified on the agenda. Therefore, pursuant to A.R.S. 38- 431.01(G), action taken as a result of public comment will be limited to directing staff to study the matter, responding to any criticism or scheduling the matter for further consideration and decision at a later date. III. DISCUSSION AND /OR ACTION ITEMS a. Discussion and possible action regarding Staff presentation of a Boundary Change Impact Statement for a proposed Camino de Manana Annexation. b. Discussion and possible action to set a Public Hearing date /time for a proposed Camino de Manana Annexation. IV. EXECUTIVE SESSION Pursuant to A.R.S. 38- 431.03 the Board may vote to go into Executive Session for advice from legal counsel. a. Legal advice regarding Staff presentation of a Boundary Change Impact Statement for the proposed Camino de Manana Annexation. b. Legal advice regarding possible action to set a Public Hearing date /time for a proposed Camino de Manana Annexation. V. ADJOURNMENT Persons with a disability may request a reasonable accommodation, such as a sign language interpreter, by contacting the District office at 520 - 575 -4087. Requests should be made as early as possible to allow time to arrange the accommodations. Copies of any amendments to this agenda will be available at the meeting. POSTING LOCATIONS DATE POSTED BY Rural /Metro Station 75, 3761 W Cromwell 2292 W. Magee Road Suite 190, District Office 9310 N. Shannon Rd. District property /sign Regular Council Meeting - March 6, 2012 - Page 32 of 98 2/21/2012 11:02 AM Board Action Request SUBJECT: Submittal of Camino de Manana Boundary Change Impact Statement and Request to set a Public Hearing Date DATE: February 20, 2012 FROM: Ed Wilkerson, CEO /Fire Chief Background: This area has seen numerous annexation attempts over the past several years by Northwest Fire District (NWFD). Most recently, NWFD attempted to annex a largely similar area and was unsuccessful. MVFD has received numerous calls from residents in the affected area asking that we annex them into the District. Rather than take a piece -meal approach to annexing small areas, it seems more appropriate to give the property owners in the area the option of joining MVFD. MVFD could receive positive public recognition in attempting to provide a cost effective and efficient emergency service to the residents in the area. It is important to note that this area would not receive comparable response times to the rest of the District and property owners of the proposed area would be told clearly that depending on where in the area their property was located, that they should expect a seven (7) to ten (10) minute response time to emergency calls. The area does not have the assessed value currently to support a staffed MVFD station. It is possible with infill over a period of years that the area could support dedicated staffing in the future. Fiscal Impact: Cost to prepare the legal description and associated maps, mailing of information to property owners in the annexation area, staff time to prepare boundary change impact statement, passing of petitions and associated processes to achieve annexation. These expenditures are anticipated to cost less than $5,000.00. Revenues anticipated after the annexation is completed and on the books are $191,000.00 /per year annually based on 2012 Assessed Values and a MVFD tax rate of $1.299. It is expected that the earliest that MVFD would see tax revenue from the area would be FY 2013/2014. Alternate Options: 1. The Board can opt to not accept the proposed Boundary Change Impact Statement. 2. The Board can direct Staff to modify the proposed Boundary Change Impact Statement to decrease or expand the proposed area under consideration and bring changes back at a later date. Staff Recommendation: Approve the following motion: Move to hold a public hearing on the Boundary Change Impact Statement for the proposed Camino de Manana Annexation on March 14, 2012 at 61 Page 1 of 1 Regular Council Meeting - March 6, 2012 - Page 33 of 98 BOUNDARY CHANGE IMPACT STATEMENT FOR THE MOUNTAIN VISTA FIRE DISTRICT REFERENCE: Proposed Camino de Mariana Annexation Pursuant to Arizona Revised Statutes, 48 -262, the undersigned submits the following Boundary Change Impact Statement for the proposed annexation of territory to the Mountain Vista Fire District: 1. The Description of Boundaries: The area proposed to be annexed into the Mountain Vista Fire District (referred to as the "Proposed Camino de Mariana Annexation ") consists of: Description of the Proposed Camino de Mariana Annexation is attached as Exhibit "A" hereto, and a detailed accurate map of the Proposed Camino de Mariana Annexation is attached as Exhibit "B" hereto. 2. Estimate of 2012 Assessed Valuation in the Proposed Camino de Mariana Annexation: Total: $15,470,966.00 /Total Excluding Tax - Exempt Property: $14,721,552.00 3. Estimate of Change in the Tax Rate of the Mountain Vista Fire District: If the annexation is accomplished, it is estimated that there will not be a change in the tax rate of the Mountain Vista Fire District. 4. Estimate of the Change in the Property Tax Liability: A. Typical resident of a portion of the District not in the area proposed to be annexed If the annexation were to be accomplished, an estimate of the change in the property tax liability of a typical resident of a portion of the district not in the area of the proposed change is as follows (calculation based upon the property located in Township 12S, Range 13E, Section 7, parcel # 224 -16 -0020 with a 2012 secondary assessed value of $29,223.00): 1. Before the proposed change a. Before the proposed change, the fire district tax collected by Pima County is estimated to be $1.29 (129.00 cents per hundred dollars of secondary assessed value of $29,223.00) or the sum of $376.98. 2. After the proposed change a. After the proposed change, the fire district taxis estimated to be $1.29 (129.00 cents per hundred dollars of secondary assessed value) or the sum of $376.98. Regular Council Meeting - March 6, 2012 - Page 34 of 98 B. The typical property owner in Proposed Camino de Mariana Annexation If the annexation were to be accomplished, an estimate of the change in the property tax liability of a typical property owner within Proposed Camino de Mariana Annexation District is as follows (calculations based upon the property located in Township 12S, Range 13E, Section 12, parcel # 216 -24 -0140 with a 2012 secondary assessed value of $29,209.00): 1. Before the proposed change a. Before the proposed change, the property owner would not be subject to the Mountain Vista Fire District Tax. 2. After the proposed change a. After the proposed change, the fire district taxis estimated to be $1.29(129.00 cents per hundred dollars of secondary assessed value) or an estimated $376.80. S. Benefits to be Derived from the Proposed Annexation: The proposed annexation would provide the following benefits to the residents of the Proposed Camino de Mariana Annexation and to the remainder of the District: A. Benefits that maybe obtained by the residents of the area proposed to be annexed: 1. Residents and property owners will receive fire protection and advanced life support (ALS) /basic life support BLS service from a fire district that has been in service since 2008, which currently consists of two (2) fire stations, two (2) engines, one (1) ladder truck, one (1) water tender, one (1) paramedic rescue, and miscellaneous support equipment. 2. Residents will be afforded the fire insurance rating of the Mountain Vista Fire District, currently a Public Protection Classification (PPC) rating of four (4) that could result in lowered costs for fire insurance premiums. 3. Residents would be allowed to participate in elections of the fire board members and therefore give them a voice in the type and manner of fire protection provided. 4. Residents would be part of a government body entitled to all the provisions afforded residents of a fire district as required by Arizona Revised Statues. B. The benefit to the existing residents of the Mountain Vista Fire District: 1. The tax base of the Mountain Vista Fire District will be increased by approximately $191,233.00. 2. Residents will receive direct benefit from the additional tax base. Page 2 of 4 Impact Statement Regular Council Meeting - March 6, 2012 - Page 35 of 98 3. This will result in a broader tax base that will allow for additional revenues to be used to fund fire and emergency medical services. 6. Injuries that will result from the proposed annexation: As a result of the proposed annexation, some of the injuries that will result are as follows: A. There will be an increase in the taxes that the residents and property owners of the area to be annexed will have to pay. The residents and property owners of the newly annexed area will be subject to the fire district taxes assessed by the Mountain Vista Fire District. B. Response times in the proposed annexation area will likely be longer than those in the existing District (six (6) minutes or less 90% of the time). Residents in the proposed annexation area should expect that a normal emergency response time will range from seven (7) to ten (10) minutes 90% of the time depending on the area within the proposed annexation area that the incident is located. C. The Mountain Vista Fire District is a governmental entity that could be subjected to potential liability during the performance of its functions, and should this occur, the tax rate of the Mountain Vista Fire District could be increased to pay for any such liabilities incurred by the district. The Mountain Vista Fire District maintains liability insurance in an amount believed adequate and the Board believes that likelihood of a tax increase due to liability of this type to be extremely remote. Dated this 20 day of February, 2012 Ed Wilkerson, CEO / Fire Chief Mountain Vista Fire District Page 3 of 4 Impact Statement Regular Council Meeting - March 6, 2012 - Page 36 of 98 Annexation Revenue Projections Assessed Valuation Tax Rate Revenue $14,721,552.00 $1.299 $191,232.96* * Estimated revenue generated from tax levy and /or bond - excluding tax exempt properties based on 2012 Assessed Value. Page 4 of 4 Impact Statement Regular Council Meeting - March 6, 2012 - Page 37 of 98 EXHIBIT A William H. Baker Jr., P.E., R.L.S. Martin V. Magelli, P.E. 3561 E. Sunrise Dr., Suite 225 Tucson, Arizona 85718 Baker &Am dft En Ir ring, l oc. 520.318.1950 Fax 318.1930 LEGAL DESCRIPTION CAMINO de MANANA ANNEXATION to MOUNTAIN VISTA FIRE DISTRICT All those parts of Section 36, Township 11 South, Range 12 East, Sections 1, 11, 12, 13, 14, 22 and 23, Township 12 South, Range 12 East, and Section 7, Township 12 South, Range 13 East, Gila and Salt River Meridian, Pima County, Arizona, more particularly described as follows: BEGINNING at the northeasterly -most corner of Block A as shown on the subdivision plat for The Preserve IV at Dove Mountain, Lots 487 -529, 535 -576, 606 -650, Block A, Block B, and Common Areas "A" and "B" as recorded in Book 65 of Maps and Plats at Page 32 thereof (Sequence No. 20101850737) in the Office of the Pima County Recorder, said point also being on the west right -of -way line of Camino de Oeste, as recorded in Book 11 of Road Maps at Page 69; THENCE southerly, along said west right -of -way line, to an intersection with the north line of the northeast quarter of Section 1, Township 12 South, Range 12 East; THENCE southerly, along said west right -of -way line, to an intersection with the northeast return at the southeast corner of that parcel in Docket 7482 at Page 207; THENCE southwesterly, along the arc of a curve concave to the northwest and having a radius of 25.00 feet, to the southwest return at said southeast corner of said parcel; THENCE southwesterly, along a line perpendicular to the southwesterly right -of -way line of Tangerine Road described in Docket 7458 at Page 60, to an intersection with said southwesterly right -of -way line; THENCE southeasterly, along said southwesterly right -of -way line, to an intersection with a line 50.00 feet west of and parallel with the east line of the northeast quarter of said Section 1; THENCE southerly, along said parallel line, to an intersection with the south right -of -way line of Tangerine Road, Book 7 of Road Maps Page 83; THENCE easterly, along said south right -of -way line, to an intersection with the east line of the northeast quarter of said Section 1, THENCE southerly, along said east fine to a point on the easterly prolongation of the north line of that parcel described in Docket 12640 at Page 2519 (Sequence No. 20051810729); THENCE westerly, along the north line of said parcel and prolongation to the northwest corner of said parcel; THENCE southerly, along the west line of said parcel, to the southwest corner of said parcel; Reg ul letSgEo"Qta U&M s e>gaa �W& J 12.wpd Pagel of 7 THENCE easterly, along the south line of said parcel, to the northwest corner of that parcel described in Docket 13087 at Page 4727 (Sequence No. 20041180138); THENCE southerly, along the west line of said parcel, to the southwest corner of said parcel; THENCE easterly, along the southerly line of said parcel and easterly prolongation, to an intersection with the east line of the northeast quarter of said Section 1; THENCE southerly, along a line coincident with the east line of said Section 1 and the west line of Section 6, Township 12 South, Range 13 East, to the east quarter corner of said Section 1; THENCE southerly, along said coincident line, to the west quarter corner of said Section 6; THENCE southerly, along said coincident line, to the northeast corner of Section 12, Township 12 South, Range 12 East; THENCE southerly, along a line coincident with the east line of said Section 12 and the west line of said Section 6, to the northwest corner of Section 7, Township 12 South, Range 13 East; THENCE southerly, along said coincident line to an intersection with the westerly projection of the south line of the north half of Lot 1 in said Section 7, said line also being the south line of Sombra Del Tecolote, Lots 1- 8, a subdivision recorded in Book 58 of Maps and Plats at Page 32: THENCE easterly, along said south line of said Sombra Del Tecolote and prolongation, to an intersection with the west right -of- way line of Paisano Avenue as recorded in Docket 428 at Page 26: THENCE southerly, along said west right -of -way line, to an intersection with the north right -of -way line of Turkey Lane; THENCE westerly, along said north right -of -way line, to an intersection with the east right -of -way line of Camino de Oeste, Book 6 of Road Maps at Page 59; THENCE southerly, along said east right -of -way line, to the point of intersection with the easterly prolongation of the north line of that parcel described in Docket 13958 at Page 2258 (Sequence No. 20060240241); THENCE westerly, along said prolongation and said north line, to the northwest corner of said parcel, said point also being the northeast corner of that parcel described in Docket 13777 at Page 3001 (Sequence No. 20010210695); THENCE westerly, along the north line of said parcel, to the northwest corner of said parcel, said point also being the northeast corner of that parcel described in Docket 12139 at Page 6109 (Sequence No. 20020521198); THENCE westerly, along the north line of said parcel, to the northwest corner of said parcel; THENCE southerly, along the west line of said parcel, to the southwest corner of said parcel; THENCE easterly, along the south line of the three said parcels and the easterly prolongation of said line, to the point of intersection with the east right -of -way line of said Camino de Oeste; THENCE southerly, along said east right -of -way line, to an intersection with the north line of the northwest quarter of Section 18, Township 12 South, Range 13 East; ReguXgWeyyAgtQta JY&&gic e 8S �Wg J 12.wpd Page 2 of 7 THENCE westerly, along said north line, to the northwest corner of said Section 18; THENCE southerly, along a line coincident with the west line of said Section 18 and the east line of Section 13, Township 12 South, Range 12 East, to the east quarter corner of said Section 13; THENCE southerly, along said coincident line, to the west quarter corner of said Section 18; THENCE continue southerly, along said coincident line, to a point of intersection with the easterly prolongation of the north line of that parcel described in Docket 7525 at Page 686 (Sequence No. 20012150404); THENCE westerly, along said easterly prolongation and said north line, to the northwest corner of said parcel; THENCE southerly, along the west line of said parcel, to the southwest corner of said parcel; THENCE easterly, along the south line of said parcel and the easterly prolongation of said line, to a point of intersection with the east line of said Sectionl3; THENCE southerly, along said coincident line, to the southeast corner of said Section 13; THENCE westerly, along the south line of said Section 13, to the south quarter corner of said Section 13; THENCE continue westerly, along the south line of said Section 13, to the southwest corner of said Section 13, said point also being the northeast corner of Section 23, Township 12 South, Range 12 East; THENCE southerly, along the east line of said Section 23, to an intersection with the easterly projection of the south line of Block I, Hartman Vistas, Lots 1- 353, Blocks I and II, and Common Areas "A," "B," "C" and "D," a subdivision recorded in Book 55 Maps and Plats at Page 42; THENCE westerly, along said easterly projection, to the southeast corner of said Block I; THENCE westerly, along the south line of said Block I, to the southwest corner of said Block I; THENCE northerly, along the westerly line of said Block I, to the northwest corner of said Block I; THENCE northerly, along a line perpendicular to the south line of Section 14, Township 12 South, Range 12 East, to an intersection with said south line; THENCE continue northerly, along the northerly projection of said perpendicular line, to the north right -of -way of Linda Vista Boulevard (formally Palo Fierro), Book 2 of Road Maps at Page 65; THENCE westerly, along said north right -of -way line, to an intersection with the northerly projection of a perpendicular line from the northeast corner of Block II in said Hartman Vistas subdivision, to the south line of said Section 14; THENCE southerly, along said northerly projection, to an intersection with the north line of said Section 23; THENCE southerly, along said northerly projection, to the northeast corner of said Block II; THENCE southwesterly, along the southeasterly line of said Block II, to the southwest corner of said Block II; Regu418fig Qta &" ggaa JO& J- Page 3 of 7 THENCE northerly, along the west line of said Block II, to the northwest corner of said Block II; THENCE northerly, along a line perpendicular to the south line of said Section 14, to an intersection with the south line of said Section 14; THENCE continue northerly, along the northerly projection of said perpendicular line, to the north right -of -way of said Linda Vista Boulevard; THENCE westerly, along said north right -of -way line, to an intersection with the west line of the southeast quarter of said Section 14; THENCE southerly, along said west line, to the northeast corner of the northwest quarter of said Section 23; THENCE southerly, along the east line of said northwest quarter, to the northwest corner of Marana 59, Lots 1 -58 and Common Areas "A" and °B," a subdivision recorded in Book 63 Maps and Plats at Page 90; THENCE southerly, along the west line of said Marana 59 subdivision, to the southwest corner of said Marana 59 subdivision; THENCE easterly, along the south boundary line of said Marana 59 subdivision, to an angle point; THENCE northerly, along the south boundary line of said Marana 59 subdivision, to an angle point; THENCE easterly, along the south boundary line of said Marana 59 subdivision, to the northwest corner of Hartman Ten, Lots 1- 10, a subdivision recorded in Book 53 Maps and Plats at Page 8; THENCE southerly, along the west line of said Hartman Ten, to an intersection with the north line of the southeast quarter of the southeast quarter of said Section 23; THENCE westerly, along said north line, to the northwest corner of said southeast quarter of the southeast quarter of said Section 23; THENCE southerly, along the west line of said southeast quarter of the southeast quarter, to an intersection with the south line of the southeast quarter of said Section 23; THENCE westerly, along said south line, to the south quarter corner of said Section 23; THENCE westerly, along the south line of the southwest quarter of said Section 23, to an intersection with the northeasterly line of that parcel described in Docket 2336 at Page 82; THENCE northwesterly, along said northeasterly line, to an intersection with the east line of the southeast quarter of Section 22, Township 12 South, Range 12 East; THENCE continue northwesterly, along said northeasterly line, to an intersection with the east line of that parcel described in Docket 12582 at Page 5820 (Sequence No. 20041360339); THENCE northerly, along the east line of said parcel to an intersection with the north line of said southeast quarter of said Section 22; ReguX8§Mpy9A&Qta J 8 15- 12.wpd Page 4 of 7 THENCE easterly, along said north line, to the west quarter corner of said Section 23; THENCE easterly, along the north line of the southwest quarter of said Section 23, to the southwest corner of the east half of the northwest quarter of said Section 23; THENCE northerly, along the west line of said east half of the northwest quarter, to the southwest corner of the southeast quarter of the southwest quarter of said Section 14, said point also being the southeast corner of the east line of Common Area "D -3A" as shown on the subdivision plat of Cascada, Village 1, Lots 1 -430, Blocks I- XVIII, A, B, C, D, and Common Areas "A," "B,° "C," "D," "E," "F," "G," "H" and "l," a subdivision recorded in Book 64 of Maps and Plats at Page 35 (Sequence No. 20072000761); THENCE northerly, along the east line of said Common Area "D -3A" and said prolongation, to the northeast corner thereof, said corner also being a point on the south line of Oasis Hills, Lots 1 -90 and Common Areas "A" and "B," a subdivision recorded in Book 60 of Maps and Plats at Page 38 (Sequence No. 20052030153), said point also being the northwest corner of the west half of the southeast quarter of the southwest quarter of said Section 14; THENCE easterly, along the north line of said southeast quarter of the southwest quarter, to the northeast corner thereof, said point also being the southwest corner of that parcel described in Docket 11549 at Page 4151 (Sequence #19991460801); THENCE continue easterly, along the south line of said parcel, to the southeast corner of said parcel; THENCE northerly, along the east line of said parcel, to the northeast corner of said parcel; THENCE westerly, along the north line of said parcel, to the northwest corner of the said parcel, being a point on the west line of the northwest quarter of the southeast quarter of said Section 14; THENCE northerly, along said west line and its northerly prolongation, to the point of intersection with the north right -of -way of Oasis Road as recorded in Book 3 of Road Maps at Page 69; THENCE westerly, along said north right -of -way line, to an intersection with the southeasterly right -of -way Fine of Camino de Mariana, Book 2 of Road Maps at Pages 1 through 4; THENCE northeasterly, along said southeasterly right -of -way line, to an intersection with the south line of the southwest quarter of the southeast quarter of Section 11, Township 12 South, Range 12 East; THENCE continue northeasterly, along said southeasterly right -of -way line, to an intersection with the east line of the southwest quarter of the southeast quarter of said Section 11; THENCE northerly, along said east line, to an intersection with the northwesterly right -of -way line of said Camino de Manana; THENCE southwesterly, along said northwesterly right -of -way line, to an intersection with the north line of the northeast quarter of said Section 14; THENCE continue southwesterly, along said northwesterly right -of -way line, to an intersection with the south line of the northwest quarter of Section 14, said line also being the north line of said Oasis Hills subdivision; THENCE westerly, along said south line to the southwest corner of said northwest corner of said Section 14, said point also being the northwest corner of said Oasis Hills subdivision and a point on the east line of said Cascada, Village 1, subdivision; Regu�a�r 8 15- 12 .wpd Page 5of 7 THENCE northerly, along the west line of said northwest quarter, said line also being the east line of said Cascada subdivision, to the northwest corner of said Section 11; THENCE easterly, along the north line of said northwest quarter, said line also being the south line of said Cascada subdivision, to the south quarter corner of said Section 11; THENCE northerly, along the north -south mid - section of said Section 11, to an intersection with the south right -of -way line of Potvin Lane; THENCE westerly, along said south right -of -way line, to an intersection with a southerly prolongation of the east line of that parcel described in Docket 13834 at page 2556 (Sequence No. 20052381773); THENCE northerly, along said east line of said parcel and prolongation, to the northeast corner of said parcel; THENCE westerly, along the north line of said parcel, to the northwest corner of said parcel; THENCE southerly, along the west line of said parcel and southerly prolongation to a point on the south line of said southwest quarter of the northwest quarter of said Section 11; THENCE westerly, along the south line of said southwest quarter of the northwest quarter of Section, said line also being the north line of said Cascada subdivision, to the west quarter corner of said Section 11; THENCE northerly, along the west line of the northwest quarter of said Section 11, to the northwest corner thereof; THENCE easterly, along the north line of said northwest quarter of said Section 11, to the northwest corner of that parcel described in Docket 12547 at Page 4951 (Sequence No. 20000830773); THENCE southerly, along the west line of said parcel, to the southwest corner of said parcel; THENCE easterly, along the south line of said parcel, to the southeast corner of said parcel; THENCE northerly, along the east line of said parcel, to the northeast corner of said parcel, said point also being on said north line of said northwest quarter of said Section 11; THENCE easterly, along the north line of the northeast quarter of said Section 11, to the northeast corner thereof, said point also being the southwest corner of said Section 1; THENCE northerly, along the west line of the southwest quarter of said Section 1, to the west quarter corner of said Section 1; THENCE easterly, along the east -west mid - section line of said Section 1, to the southwest corner of the southeast quarter of the northwest quarter of Section 1; THENCE continue easterly, along said east -west mid - section line to an intersection, with a line 30.00 feet west of and parallel with the east line of the southwest quarter of the northeast quarter of said Section 1; THENCE northerly, along said parallel line, to an intersection with the south line of Lot 2 of said Section 1; ReguZ 1pp WWAQta &&"ir e)i8a jhpd j 815- 12.wpd Page 6 of 7 T HENCE, no tt erty a line feet west of and parallel with ft east tine of said ` et 2, to a feint of intosectfor4tti the south right as recorded in Boo k,7 of Road Maps 'at Ram T iHENCt northerly tattle point O intersection of the north right-of-w lire of said Tangerine Road as shown anjoe plat of sa id re e e at Dove l c rrtain srs di isidn and *southwest comer of Block A as shown on said subdivision ptst, T14E E nortl l (1 , along the: west and north lines said Block A to the of tt edy -most corner thereof, saiO po ipt being the TRUE P0fT O BEGINNING, 2186*docsWountain view fire annexation - 15' -1 .n d: February 15, 2 012 1678 WILLIAM R. ` BAKER. � r A. Regular Council Meeting - March 6, 2012 - Page 44 of 98 f, �W PROPOSED ANNEXATION BOUNDARY - /,' Wit` 1 =2500' - j �IIOM ,. TIa - - 1 s _ w l - 1: W . / ar i i f W ; L L 1 4 .. t fOC110M 11. T17Rj ti 3 _. i� j p Y� _............_._._..�. ...._ lb t : am% EXHIBIT B CAMINO de MANANA ANNEXATION to MOUNTAIN VISTA FIRE DISTRICT u,ZAaE-LAswdaW4Eaqjneeringj Inc. rNaBaes WE&mftDM Tmon,Ar��e =8 (M) 318 -1050 rx(M)318 -IM 2 -15 -12 12186 MAR REGULAR COUNCIL MEETING MINUTES 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, February 21, 2012, at or after 7:00 PM Ed Honea, Mayor Patti Comerford, Vice Mayes David Bowen, Council Meer Herb Kai, Council Me be" :,, Carol McGorray, Council Member Jon Post, Council Member.-. Roxanne Ziegler, Council Member REGULAR COUNCIL MV&ING CALL TO ORDER AND ROLL CALL. Mayor Honea called the jneeting to order at 6:58 p.m. Town Clerk Bronson called`roll. AEI Council Me were present except Council Member Ziegler who was excused. There was a uortxm present. PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE. Led by Mayor Honea. Vice Mayor asked that the moment of silence be in honor of the Mayor's wife, Jan, wh o'. ssed away recently APPROVAL ' GENDA. Af4otion to` st rove by Council Member Post, second by Council Member McGarray. P Fed unanimously 6 -0. CALL 'oR-IE PUBLIC avid Morales spoke regarding a possible solution to address the high cof graffiti cleii 774 by using MTC inmates. Miles Weigold, Jim O'Shaughne* ill Rodman, Nancy Smith and Gina Lombardi addressed Council regarding their 664kernsver the proposed casita project near Secret Springs Drive and Dove Mountain Bound. In addition to the concerns expressed, documents, including petitions with 774 r, ent signatures, were submitted for Council consideration. PROCLAMATIONS MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS Council Member McGorray noted that earlier in the day Tiger Woods expressed his support for keeping the WGA Accenture Match Play tournament in Marana. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS Gilbert Davidson noted that the Council Executive report was on the dias; the Town had received an award for the workers' compensation program; and this marks the sixth year Regular Council Meeting - March 6, 2012 - PacJ U%W1dM 21, 2012 Council Meeting Minutes I I �I I i I that the Accenture Match Play tournament is being held in Marana. The event begins on Wednesday and goes through Sunday. This is great press coverage for Marana. PRESENTATIONS P 1: Presentation: Relating to Finance; Distinguished Budget Presentation Award for the Town's fiscal year 2011 -2012 Annual Budget and Financial Plan. Erik Montague exhibited the award which was awarded in early February, noting that the award was the fifth consecutive award for its budget and represents a significant achievement for the town. This is the highest form of achievement in governmental budgeting and accounting and would not be possible without the vision and transparency of the Council, direction from the Manager and efforts of department directors. He gave special thanks to the efforts of Dot Caton, Budget Analyst, and the rest of his staff,Who helped put the documents together. Vice Mayor Comerford expressed heF g`tude for the excellent work that has gone into achieving the award. CONSENT AGENDA. Motion to approve by Couiicil Member Post, second by Council Member McGorray. Passed unanimously 6 -0 C 1: Resolution No. 2012 -11: Relating to Develop aept,� pproving and authorizing a resubdivision of the final plat for the Marana Health Center Phase II C 2: Resolution No. 2012 -12: Relating " l e Marana Regi'Mal Airport; approving and authorizing the Mayor to execute a Joint Project gypement between the State of Arizona and the Town of Marana for pavement preservation° C 3: Minutes of the February 7th regular meeting LIQUOR LICENSES BOARDS,- COMMISSIONS AND COMMITTEES B 1: Presentation: Relating to Boards, Commissions and Committees; update from the Subcortittee for Commission and Board appointments. Council Member McGorray, as chatrperon of the subcommittee, gave a brief report on the February 16, 2012 subcommitte,,meeting and the next steps. She noted that the subcommittee agreed to interview all candidates who responded to the Town Clerk's correspondence regarding their continued intetest in gerving on either the Planning Commission or the Board of Adjustment. The subcommittee also set a time limit for the interviews and further noted that a set of four questions would be asked of each candidate. In addition to the subcommittee, Kevin Kish and the chairperson from the Board of Adjustment and the Planning Commission would constitute the interview panel. Interviews will be scheduled in conjunction with the availability of the subcommittee. Council Member Bowen, a member of subcommittee, asked the Town Clerk how many candidates had responded to her inquiry. Ms. Bronson noted that all but three applicants had responded; however, she anticipated that some of those who had not responded may be out of town due to the Presidents' weekend. Council Member Bowen stated that it was very gratifying to see seven people step up and want to get involved in the process and the community. Regular Council Meeting - March 6, 2012 - PaAe44 W 21, 2012 Council Meeting Minutes 2 COUNCIL ACTION ITEMS FOR DISCUSSION/POSSIBLE ACTION D 1: Relating to Legislation and Government Actions: Discussion and possible action regarding all pending state, federal, and local legislation /government actions and on recent and upcoming meetings of other governmental bodies. Del Post gave a brief overview of the most current activity in this legislative session. He noted that the Governor had recently signed the first bill of the session. The focus of his report was on legislation having to do with local government. He noted that he had provided a comprehensive list of those bills on the dais. Several of the bills being monitored involve a municipality's ability to have local control and which may imwt,.water or waste water issues as well as general governmental procedures. Staff will,cc4itinue`to monitor and provide updates on those bills as they move through the various committees. He did note a specific bill, HB 2656, which they are following closelys, Vice Mayor Comerford interrupted the report to request an executive session four legal advice bn HB 2656. At that time, Mr. Post concluded his presentation EXECUTIVE SESSIONS. Motion to go into extave s on Item E I regarding legal advice for HB 2656, which Mr. Cassidy conf lied was appropriate, by Vice Mayor Comerford, second by Council Member McGrtay. Passed unanimously 6 -0. E 1: Executive Session pursuant to A.R .'S. 3 &- 431.03 (A)(3), Council may ask for discussion or consultation for legal advice with the Town Attorney concerning any matter listed on this agenda. E 2: Executive session pursuant to A.R.S. §'3S-431.03(A)(3),(4) and (7), for discussion or consultation with Town's :attorneys and to instruct the Town's representatives concerning (1) the lawsuit entttled_Town of Marna v. Pima County/Pima County v. Marana (consolidated), lei ,*o1pa C- ounty Super for Court No. CV2008- 001131, Arizona Court of A pe l N&; - 4- CA dt I 1 0381; (2) the lawsuit entitled Pima County v. Town of Marana,,Pima Count!�erior Ctrurt No. C20116094; and (3) pending legal issues, settlen� discussions arpontracfn iations relating to the transition of Marana wastewatek,collection and treatment to the Town of Marana FUTURE AGENDA ITEMS' ADJOURNMENT Motion to adjourn at 8:34 p.m. by Council Member Post, second by Council Member McGorray. Passed unanimously 6 -0. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on February 21, 2012. I further certify that a quorum was present. Jocelyn C. Bronson, Town Clerk Regular Council Meeting - March 6, 2012 - pacj U e 4 WIM 21, 2012 Council Meeting Minutes 3 MAR AA SPECIAL COUNCIL MEETING MINUTES 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, February 28, 2012, at or after 6:00 PM Ed Honea, Mayor Patti Comerford, Vice May David Bowen, Council limber Herb Kai, Council.lembef Carol McGorray, Council Member Jon Post, CouncllMember Roxanne Ziegler, Couni"er" SPECIAL COUNCIL MEETING CALL TO ORDER AND ROLL CALL Mayor Honea called, the meeting to order at 6:00 p.m. Deputy Town Clerk Torres cared roll. 'All°.Council Members were present. There was a quorum pre erit. PLEDGE OF ALLEJGIANCEANVOCATION/MOMENT OF SILENCE Led by Mayor Honea. APPROVAL OF ENI) ) "on to approve by Council Member Comerford, second by Cout cil Member I11 Garray: Pressed unanimously 7 -0. CALL TO;THE PUBLIC PROCLAMATIS Marana Aerospac� s, Inc. Proclamation. Deputy Clerk Torres read the proclamation. PRESENTATIONS P 1: Relating to Utilities; presentation to provide a summary report on the first two months of the Marana Water Reclamation Facility. Gilbert Davidson read a message from Public Services Director, Barbara Johnson, who could not be present at the meeting. Thom Martinez of Westland Resources presented the item. Mr. Martinez noted that operations of the plant were acquired on January 3, 2012 at 12:01 a.m. Paul Hindricks then spoke on behalf of EUSI. Upon acquisition, the facility was inventoried and deficiencies were noted accordingly. He noted that overall there are only two major systems in the facility that are pertinent; sand filtration and ultraviolet disinfection Regular Council Meeting -March 6, 2012 - pac WIM 28, 2012 Council Meeting Minutes 1 system. The primary function of the facility is to take the wastewater and treat it biologically to separate the solids from the clean water and make the clean water available for beneficial use. It was found that the sand filter capacity was built to have 3 million gallons a day of extra capacity and that the alarm system controls had been left unconnected. The ultraviolet disinfection system was also found to be built 3 million gallons a day larger than the rest of the plant. During inventory the ultraviolet light bulbs were found to be worn out, and Mr. Hindricks noted that those were very costly to replace. As it currently stands, solids handling of the facility is required by permit to be trucked to the Pima County Walker Road Manhole. This means that the town has to pay Pima County approximately $0.20 per gallon to transport the sludge to the manhole for disposal. Through the work of the project team a decanting operation was put in place and has saved the town over $52,000 since the facility was acquired. Thom Martinez recommended upgrades to the facility t6reduce is and increase efficiencies throughout the plant. He noted that solids handling imuements will incorporate a solids management plan, evaluation of thickening alternatives and reduction of trucking and processing costs. Sand filter optimization improvements "w incorporate fixing the float switches and alarms and reducmg,baekwasl , r UV Disinfectibn` optimization improvements will incorporate replacin g UV'bulbs, a program weir to allow control and reducing the power used on the system. Recharge improvements will incorporate evaluation of soil types, ire rates and constutcxed recharge and injection wells. Collection system operational in prow. -_ ents will inc data acquisition and evaluation, a system inventory, system c irFgia�d CCTV. Mr: Martinez noted that the Town still has some legal issues with permitting and regulatory compliance, including land ownership and the notice suit Pima C"otlnty served ADEQ with for allowing the Town to run the facility. As a result, the Town is pursuing its own permits for the system. Council Men>Ibcr, Ziegleraitquired as to why, the facility was built so large in capacity. Mr. Martin ri that there e a variety of reasons, including the economic boom several yiars ago, thuld haV-c played a factor, however he cannot be sure what Pima County's- actual reason ^ Mr �ndricks noted that he also did not know why the system w built so large uncit Member Ziegler asked for clarification on who inspects the plant. Mr. H>t> 1rieks stated that ADEQ and Pima County come out to inspect the fact°l%ty. Couneail'Member Ziegler asked for a progress update of the process the Town is worki� on „to�receive its own permits. Gilbert Davidson noted that Town staff is working with ADEQ and various state levels to work on the permitting process. Frank Cassidy noted that the pre - application meeting with ADEQ for the Town to receive its own permits has been scheduled for next Thursday and that the Town is proceeding to obtain its own permits. Council Member Bowen inquired on the possibility of resizing the facility. Mr. Hindricks noted that WRI is in the process of evaluating the previous designs of the facility to utilize each component in the most efficient way. Vice Mayor Comerford asked what year Pima County made the extra capacity improvements which were made to the facility. Frank Cassidy responded that he Regular Council Meeting - March 6, 2012 - PaA %W” 28, 2012 Council Meeting Minutes 2 believed the contract with the County was entered into in December 2007. He noted that the Town had given notice of the suit in July 2007. Vice Mayor Comerford thanked the presenters and noted that she is confident in their ability to get the job done and appreciates their expertise and professionalism. CONSENT AGENDA LIQUOR LICENSES BOARDS, COMMISSIONS AND COMMITTEES COUNCIL ACTION Al: PUBLIC HEARING: Ordinance No. 2012.01, . Relating to Utilities; increasing wastewater rates, rate components, fees, and serv* charges in two increments, and establishing an effective date. Ann Meaders in t duced ]),an Jackson of economists.com. Mr. Jackson noted that the to*' *"has halo current wastewater rate structure since 2008. Once the acquisition of thew",vg r facility was completed a new analysis was conducted. The objectives of the wato rate plan are to recover sufficient revenues to pay operating expenses, fund any Aaken out to acquire the system and make capital improvements, ta,tt .and maintain with Pima County wastewater rates and to minimize the im�act'ofany„ ases 'ratepayers. The initial adopted rate plan mull result in ra "'that are equivalent to those charged by Pima County. Asa result therill be no financial impact to residents at this time. Mr. Jackson recommends the Townmplify the rate structure by charging based on 1,000 gallons instead of cubic wt and; to consolidate all non- residential accounts into one class. Mr. Jackson noted that wastewater rates ar jnc;ieasing significantly throughout the State of Arizona and 'a . a. result the,*c plan take into account structured rate increases over the next several years. The recommendation is that in March 2012, the Town implement the same monthly charge that Pinia County has in place. Then, in July 2012, he recommends that the monthly charge:be adjusted again to coincide with Pima County's projected rate increase schedule. Mr. Jac-4o, n ©ted that the rate Marano residents will be charged is less than the state average cha rgud for wastewater. The rate plan is necessary to ensure that the wastewater utility will have sufficient resources to fund operating and capital expenses. He noted that implementing rates equivalent to Pima County remains heavily dependent on impact fee revenue, emphasizing that without this revenue, significant additional rate increases may be required. Growth is the key to the success of this scenario. Without the projected growth in these alternatives, additional rate increases may be needed. He emphasized the need to continue to monitor the growth rates. Mayor Honea asked for clarification on how wastewater rates are calculated. Mr. Jackson noted that residents use water inside and outside the house. The winter average Regular Council Meeting - March 6, 2012 - Pagg%4''81 28, 2012 Council Meeting Minutes 3 calculation is used in this recommendation. It is calculated based on the average of outside water use for November, December and January. Council Member Post asked what the optimum growth rate would need to be for the rate schedule to remain as presented. Mr. Jackson estimated that if the rate grows at 150 accounts or more per year then the rate schedule can be maintained similarly to Pima County's. If the rate growth does not occur, then other options have to be explored to determine the best policy for the Town in the future. Council Member Bowen asked for clarification on how long the rate projection is planned. Mr. Jackson noted that the rate proposal is planned fot years. P% Vice Mayor Comerford commented that the 2008 rate wa ewen though we did not have a wastewater facility and that essentially this item i : of iri ing rates because we did not have any wastewater customers at that time. Council Member Kai expressed concern of the growth rye in the north Marano area and asked Mr. Jackson whether he believed the growth rate couldibe accomplished. Mr. Jackson noted that much of the growth will be dependent do the economic conditions. Mayor Honea commented that the growth projection is i ecessarily dependent on only new housing but on existing housing that will be conneet to the system, for example, the Honea Heights and Adonis 'neigh rhoods. ° Vice Mayor Comerford noted that the reports she has been seeing have shown significant evidence to support the growth needed to maintain the rates and presented. Matthew Foy, living i Qladdgo Farms at 1276 S N. Crooked Willow Drive, addressed the Council. He noted that.,heis a Pima Co ty Wastewater employee and that he has worked at the Maras plant asked for clarification on the operational costs of the plant per year and forte ificadi4 pn Where additional funds to build more capacity for growth ;puld come from zk Y Tom Martinez,noted that i*q have used Pima County's operational budget throughout the whole process. Mr. Fcnoted that his concern was mostly future growth and funding those costs `MayY"r Honea noted that the plant has two basins that are not currently lined that could be lined and used if needed. Mr. Martinez clarified that two of the basins could be drained and put into operation within 48 hours to maintain the 700,000 gallon a day capacity if necessary. They are currently being used at this time in order to be as efficient as possible with solids management. Mayor Honea noted that once the town receives its own plant permits, the Town will get credit for all of the recharged water at the end of the plant and that will help keep potable water rates down. Motion to adopt Ordinance 2012.01 by Council Member Ziegler, second by Council Member Bowen. Passed unanimously 7 -0. Regular Council Meeting - March 6, 2012 - Pag g%b21M 28, 2012 Council Meeting Minutes 4 ITEMS FOR DISCUSSION/POSSIBLE ACTION EXECUTIVE SESSIONS E 1: Executive Session pursuant to A.R.S. §38- 431.03 (A)(3), Council may ask for discussion or consultation for legal advice with the Town Attorney concerning any matter listed on this agenda. E 2: Executive session pursuant to A.R.S. § 38- 431.03(A)(3),(4) and (7), for discussion or consultation with the Town's attorneys and to instruct the Town's representatives concerning (1) the lawsuit entitled Town of Marana v. Pima County/Pima County v. Marana (consolidated), Maricopa County Superior Court No. CV008- 001131, Arizona Court of Appeals No. 1 CA CV 1103 8 1; (2) the lawsuit entitled Pima County v. Town of Marana, Pima County Superior Court No. C20116094; and., (3) pending legal issues, settlement discussions and contract negotiations relating to the tr�jotion of Marana wastewater collection and treatment to the Town of Marana,. FUTURE AGENDA ITEMS ADJOURNMENT Motion to adjourn at 7:13 p.m. by,Council'Member McGorray, second by Council Member Post. Passed unanimously 7 -0. CERTIFICATION I hereby certify that the foregoing are the, true a �correct mmut of the Marana Town Council meeting held on February 28, 2012. I further cert that a quorum was present. Jocelyn C. Bronson, T6�* Clem Regular Council Meeting - March 6, 2012 - PagL5311M 28, 2012 Council Meeting Minutes 5 RN: 1 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, March 6, 2012, 7:00 PM To: Mayor and Council Item A 1 From: Gilbert Davidson, Town Manager Strategic Plan Focus Area: Commerce, Community Building, Heritage, Progress and Innovation, Recreation Strategic Plan Focus Area - Additional Information: This item relates to the updated version of the Strategic Plan. Subject: Resolution No. 2012 -15: Relating to Strategic Planning; approving the final version of the updated Strategic Plan Discussion: In 2008, the Town Council identified the need for a comprehensive document outlining the vision of the Town. This led to the development of the first Strategic Plan. The Strategic Plan addresses the goals and objectives for the future growth of the Town. The first Plan was adopted on February 3, 2009. This first Plan outlined the Town's vision, five focus areas, and three overriding principles that have been the basis for Town actions. In October of 2011, the Council held a three -day retreat to begin the process of updating the Strategic Plan. The Council retained the previous vision statement, but modified several goals and initiatives. Following the council retreat, staff met to review and update the action strategies necessary to achieve the goals and initiatives set forth by the Council. A working group of staff then focused on refining the Strategic Plan by eliminating redundancies, assigning departments to specific initiatives, and eliminating vagueness in the plan. The working group also developed a reference system for the initiatives and goals, and created an index of key terms and phrases. At the January 10, 2012 meeting, the Council directed staff to facilitate the outreach process both internally and externally. During the month of February, staff visited various community partners and organizations to present the updated Strategic Plan. These community partners included the Marana Chamber of Commerce, Northwest Fire District Governing Board, Avra Valley Fire District Governing Board, Marana Rotary Club, Marana Unified School District Board, Ina/Orange Grove Business Coalition, and the Marana Health Center. Comment cards were distributed and staff received feedback. An open house was held on February 23, 2012 where citizens asked questions regarding the Town's priorities and future growth plans. There was also a strong online presence during the outreach process which yielded 12 survey responses. The feedback from all of these outlets was then compiled by staff into the final version provided to Council. The document presented to the Council includes all the changes that were suggested Regular Council Meeting - March 6, 2012 - Page 54 of 98 and made through this feedback process. Financial Impact: The adoption of the updated Strategic Plan alone has no measurable financial impact on Town resources. As Town staff works to implement the various initiatives and strategies identified in the Strategic Plan, Town resources will be allocated as part of budget approved by Council. ATTACHMENTS: Name: Description: Type: 0 Adopdon_of _ strategic -plan.. IL__ j000295").DOC Resolution Resolution 0 Stfategic_Plan Q_ for _agenda _2.27.1.2.pdf Strategic Plan H Final Draft Exhibit Staff Recommendation: Staff recommends the adoption of the updated Strategic Plan. Suggested Motion: I move to adopt Resolution No. 2012 -15, approving the final version of the updated Strategic Plan. Regular Council Meeting - March 6, 2012 - Page 55 of 98 MARANA RESOLUTION NO. 2012 -15 RELATING TO STRATEGIC PLANNING; APPROVING THE FINAL VERSION OF THE UPDATED STRATEGIC PLAN WHEREAS the Town of Marana has engaged in a five -month process to update the key focus areas and initiatives that constitute the Town of Marana Strategic Plan; and WHEREAS the Town of Marana has updated its Strategic Plan document to serve as the foundation for the Town's future, including land use planning, budget development and assessment of individual and organizational performance; and WHEREAS the Town Council finds that adoption of the updated Town of Marana Strategic Plan is in the best interests of the Town and its residents. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. The Town of Marana Strategic Plan -2012 Update, attached to and incorpo- rated by this reference in this resolution as Exhibit A, is hereby approved, and the Town Manager is hereby authorized to implement it for and on behalf of the Town of Marana. SECTION 2. The Town's Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, and objectives of the Town of Marana Strategic Plan -2012 Update. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MA- RANA, ARIZONA, this 6 1 day of March, 2012. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regul e qu�cil lee q_ 6, 2012 - Page 56 of 98 (00029586.DOC/) o u wn o. X00 . § § E c)- k . E . 222 . . . . .& @ 4� � C: s- o . � / 4� § @ u (D L 4- . . 2 E � 2 . �. c @ 0.0 r e 13. O _ a) CD r-4 w ch U . . � E u 4 �. 2' L � g2 �' 2 RU3 E .k2 §o . k t 0 k/ « . / § 3 S � « (n \ fo Cl. 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CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, March 6, 2012, 7:00 PM To: Mayor and Council Item D 1 From: Gilbert Davidson, Town Manager Strategic Plan Focus Area: Not Applicable Subject: Relating to Legislation and Government Actions: Discussion and possible action regarding all pending state, federal, and local legislation/government actions and on recent and upcoming meetings of other governmental bodies Discussion: This item is scheduled for each regular council meeting in order to provide an opportunity for discussion of any legislative or regional intergovernmental item that might arise. Periodically, an oral report may be given to supplement the Legislative Bulletins. ATTACHMENTS: Name: Description: Type: E] 2.. 012.._ Legis ..la...tive_ Bulletin — 2012 Legislative Bulletin # 6 Backup Material O 2012 Legislative Bulletin # 7.adf 2012 Legislative Bulletin # 7 Backup Material ❑ 2- .2...9- Transportation Release Backup Material 12 Tra..ns..pona..tion_Release.pdf Staff' Recommendation: Upon the request of Council, staff will be pleased to provide recommendations on specific legislative /intergovernmental issues. Suggested Motion: Mayor and Council's pleasure. Regular Council Meeting - March 6, 2012 - Page 83 of 98 League of Arizona Cities and Towns - Legislative Bulletin Page 1 of 7 League of Anzona A N D TONN I I Legislative Bulletin — ISSUE 6 - February 17, 2012 Legislative Update Today is the 40th day of the second regular session of Arizona's 50th Legislature. It is also the deadline for bills to be heard in committee in their house of origin. Next week, legislative action will largely move to the floors of the House and Senate, and committees will begin to consider bills that have been passed by the other body. During the past week, amid celebrations of Arizona's Centennial, the Governor unveiled her state employee personnel reform package. The initiative, introduced in the House of Representatives as a 275 -page strike - everything amendment to HB 2571, represents one of the Governor's highest legislative priorities. Among other things, the plan will: require most new state employees to be "at- will" (i.e., uncovered by civil service protections); eliminate personnel policies based on seniority; consolidate nine state personnel systems; and reduce the State Personnel Board's authority to modify disciplinary actions against state employees. While the Senate is operating at full strength, there are currently two vacancies in the House. A House seat in District 4 has remained unoccupied since Senator Judy Burges vacated it upon her appointment to the Senate to complete the term of Senator Scott Bundgaard. The Maricopa County Board of Supervisors is expected to appoint a new Representative next week. Also, Representative Richard Miranda, a state legislator since 1999, resigned suddenly on February 16. His successor to represent District 13 in the House will also be appointed by the Maricopa County Board of Supervisors. Regulatory Tax Credit On Wednesday, February 15, the House Commerce Committee considered and passed HB 2815 (employment; incentives; regulatory tax credit) by a 5 -3 vote. The bill, regarded as the House leadership's "jobs package," includes a number of provisions intended to stimulate the economy. One section of the bill, however, represents one of the most strident anti - government provisions to be considered by the Legislature this session. It introduces a brand new concept of a "regulatory tax credit," which can be claimed by any person or organization purportedly aggrieved by an "excessive regulation." Other provisions of the bill promote community college job training and provide for a phase -out of the state tax on capital gains. The capital gains provision carries a fiscal note estimating a loss to the state general fund of $62 million in FY 14 and a loss of $399 million by FY 20 when the tax cut is fully implemented. Fifteen percent of the loss would represent the reduction to Urban Revenue Sharing in any given year. Regardless, it is the tax credit section that raises the greatest concern for cities and towns. Because the definitions Regular Council Meeting - March 6, 2012 Page 84 of 98 League of Arizona Cities and Towns - Legislative Bulletin Page 2 of 7 of 'regulation" and "excessive regulation" are so broad, virtually any city or town regulation could be the subject of a claim. For example, any regulation that deals with aesthetics - such as sign ordinances, neighborhood code standards, or visual blight - could be subject to a claim of excessive regulation. So would standards that address barking dogs, noise, home businesses, and virtually any other regulation that either prohibits or requires certain actions. The amount of the tax credit against cities and towns is limited to $100 000 per year statewide but there is no limit g � P Y > on the number of claims that could be filed. Also, the bill authorizes the State Treasurer to withhold the amount of a tax credit from the shared revenue payments due to the city. It includes a complicated process in which staff from the Department of Revenue would determine whether a regulation is "excessive," notwithstanding its enactment by an elected mayor and council. Furthermore, the provision provides for no judicial review of a departmental decision. The regulatory tax credit scheme, an untested and unworkable brainchild of the Goldwater Institute, reinforces an anti- government stereotype that all regulation is harmful, rather than protective of property values, the community and its quality of life. Despite the committee vote, several Representatives expressed concerns with the tax credit provision of the bill. Please watch for updates from the League on this measure. Consolidated Elections On Thursday, February 16, the Senate Judiciary Committee passed HB 2826 (consolidated election dates; political subdivisions) by a very close vote of 5 -4. This bill would consolidate all city and town elections to August and November of even - numbered years. The League opposes this measure, because it: reduces local control; will delay special elections (such as recalls, referenda and initiatives) for up to two years; and is dismissive of charter authority. The League wilt pursue opportunities to positively impact the legislation as it moves closer to floor action in the House. Licensing and permitting A strike - everything amendment to HB 2585 (s /e: government; time frames; appeal) was heard by the House Commerce Committee on Wednesday, February 15. The amendment revived legislation from last year that would require municipalities to act on license and permit applications within 45 days. Failure to do so would, in most cases, result in automatic approval of subject applications. The proposal was overtaken last year by deliberations on SB 1598 (cities; counties; regulatory review), a complex regulatory reform measure that was signed into law. The League testified against HB 2585 during the committee hearing. Subsequent to the testimony, Rep. Bob Robson (R- Chandler). expressed serious concerns about the viability of issuing permits for large manufacturing facilities within such a short timeframe. The sponsor of the bill, Rep. Jim Weiers (R- Phoenix) then asked for the bill to be held. Municipal Proceedings The House Government Committee considered HB 2570 (political subdivisions; proceedings; governing bodies) on Tuesday, February 14. The bill provides that a municipal ordinance may not take effect until it has passed three public readings by a city council on three separate days. The League opposes the measure because it inappropriately grafts a state legislative process onto a dissimilar city council process. Unlike the Legislature, councils (which have much greater transparency and opportunity for public input than the Legislature) do not meet daily. The measure would slow down approval of zoning requests, special use permits and other municipal enactments. Despite the League's opposition, the measure passed by a vote of 6 -2. Nevertheless, the sponsor of the legislation, Rep. Justin Olson (R- Mesa), has agreed to consider more appropriate methods for ensuring proper notice of municipal actions. Regular Council Meeting - March 6, 2012 - Page 85 of 98 League of Arizona Cities and Towns - Legislative Bulletin Page 3 of 7 Regulatory Reform On Thursday, February 16, the Senate Committee on Border Security, Federalism and States' Sovereignty considered a strike - everything amendment to SB 1505 (s /e: municipal governments; rulemaking). The amendment would impose upon municipalities a regulatory process similar to that of the Administrative Procedures Act, which is utilized by the Federal Government for rulemaking. The League strongly opposes the measure due to its complexity and onerous bureaucratic requirements. Despite the League's testimony in opposition, the committee passed the measure by a vote of 6 -1. Permit Self - Certification HB 2168 (building permits; self- certification process) provides that, "on receipt of any completed permit application, a municipality shall give the applicant the option of obtaining the issuance of the requested permit through a municipally directed permitting process or through self - certification." The bill further outlines standards for the establishment of the mandated self - certification program. The League has worked extensively with the bill sponsor, Rep. Jeff Dial (R- Chandler), to mitigate its effects on cities and towns. Working with affected parties, the League developed an amendment, acceptable to the sponsor, which would limit the bill's application to large cities and require implementation of self- certification pilot projects. After being held in the House Committee on Government last Tuesday, February 7, the bill was not included on any committee agenda this past week. Because this is the last week to formally hear bills in their house of origin, the bill is unlikely to move forward. Firearms SB 1304 (firearms regulation; political subdivisions), sponsored by Senator Frank Antenori (R- Tucson), passed the Senate Judiciary Committee on Monday by a 5 -2 vote. This bill repeals statutory language permitting a political subdivision to adopt an ordinance or rule restricting the discharge of firearms within one - fourth of a mite of an occupied structure. The League, an opponent of the measure, requested a stakeholders' meeting to discuss its concerns with the sponsor. The sponsor committed to convene such a meeting. In the meantime, the bill moves on to the Rules Committee. A related measure, HB 2729 (state regulation of firearms), requires governmental entities to either allow guns into public establishments, or have armed certified officers and metal detection equipment at entrances. The measure, sponsored by Rep. David Gowan (R- Sierra Vista) applies to the State and its political subdivisions and preempts municipalities from having any firearms ordinance stricter than state taw. The measure passed the House Committee on Military Affairs and Public Safety by a vote of 6 -2 and proceeds to the Rules Committee. Fireworks On Wednesday, February 15, the House Committee on Military Affairs and Public Safety considered an amended version of HB 2361 (consumer fireworks; regulation). As amended, the bill: establishes a maximum penalty for the use of certain consumer fireworks; allows the imposition of fees on fireworks sellers; addresses signage issues; and restricts the sale and use of consumer fireworks in Coconino and Yavapai Counties. The measure, sponsored by Rep. Karen Fann (R- Prescott), passed by a vote of 8 -0 and proceeds to the House Rules Committee. Photo Radar On Monday, February 13, the Senate Judiciary Committee considered a number of measures sponsored by Senator Frank Antenori (R- Tucson) designed to inhibit or discourage the use of photo radar across the state. One such bill, SB Regular Council Meeting - March 6, 2012 - Page 86 of 98 League of Arizona Cities and Towns - Legislative Bulletin Page 4 of 7 1315 (photo enforcement; tickets; service), would change the service options for photo radar tickets to include personal service or certified mail. The bill failed by a vote of 2 -5. Another measure, SB 1316 (red light violations; photo radar), was held. The bill would require that a red light be illuminated for one full second before a photo enforcement system can activate. The final photo radar measure considered by the committee was SCR 1029 (photo radar prohibition), which passed by a 4 -1 vote. This is a ballot proposition that would eliminate all photo radar enforcement in the state. The League opposes the measure based on the diminution of local authority it would effect. SCR 1029, which does not require gubernatorial approval, proceeds to the Senate Rules Committee. Political Signs SB 1200 (political signs; hazardous locations) stipulates that a government agency must notify the owner of a political sign in writing if a particular sign is deemed to create a hazardous condition. It further provides that, for purposes of calculating the time frame for permissible sign installation, a primary election begins on the day that early ballots are first mailed out to voters. The League worked closely with the bill's sponsor, Senator Sylvia Allen (R- Snowflake), who agreed to permit electronic notification to satisfy the "in writing" requirement of the bill. SB 1200 passed its third reading in the Senate by a vote of 21 -9 and now proceeds to the House for further consideration. Online Tax Remittance After being held on the past three agendas of the House Committee on Ways and Means, HB 2466 (local sales tax; payments; DOR) was heard on Monday, February 13. The committee considered and unanimously passed a strike - everything amendment that provides for the creation of an online portal for taxpayers to pay municipal sales tax for all self - collecting cities. The amendment also authorizes the Arizona Department of Administration to solicit competitive bids for a public- private partnership for portal development. The League expresses its gratitude to Rep. Jeff Dial (R- Chandler) and Rep. Rick Gray (R -Sun City), the bill's sponsor, for their considerable work on this issue and their willingness to work closely and productively with the League. Business Incentives On Thursday, February 16, the Senate Finance Committee passed SB 1442 (prime contracting; manufacturing facilities; infrastructure) by a vote of 6 -1. The measure allows municipalities and counties to recapture state transaction privilege taxes paid by qualified manufacturing facilities for public infrastructure necessary for those facilities. The League supports the measure as a tool for attracting manufacturing jobs to Arizona. The bill was amended in committee to make clarifying changes and to reduce the threshold for qualifying facilities in rural counties. Pension Reform On Tuesday, February 14, the House Employment and Regulatory Affairs Committee considered a strike- everything amendment to HB 2745 (defined contribution retirement systems) to make a change to the Alternate Contribution Rate (ACR) requirements of the Public Safety Personnel Retirement System ( PSPRS). The change would preclude employers from paying the PSPRS ACR on a PSPRS- eligible position if the retired person was hired before the effective date of last year's pension reform bill, SB 1609 (retirement systems; plans; plan design) and the individual is enrolled in another state retirement system. This change will result in cost savings for some of Arizona's small cities and towns. The League thanks Rep. Justin Pierce (R -Mesa) for spearheading this effort and and Rep. Bob Robson (R- Chandler) for sponsoring the amendment. The measure passed unanimously and now moves on to the Rules Committee. Regular Council Meeting - March 6, 2012 - Page 87 of 98 League of Arizona Cities and Towns - Legislative Bulletin Page 5 of 7 Highway Users Revenue Fund (HURF) On Thursday, February 16, the House Transportation Committee considered HCR 2058 (HURF; monies; allowable uses). The bill would constitutionally protect HURF and Vehicle License Tax dollars from future sweeps and restrict their use to traditional highway and roadway purposes. The League has worked extensively with the bill sponsor, Rep. Vic Williams (R- Tucson), and provided testimony in favor of the bill. Additionally, more than 20 cities and towns formally registered their support. The bill passed committee with a unanimous vote of 7 -0. The bill is secondarily assigned to the House Appropriations Committee. The League thanks Chairman Williams for his leadership on this issue and supports his efforts to protect against the diversion of HURF funds away from municipalities, counties and the State Highway Fund. Water Utilities On Monday, February 13, the House Government Committee considered a strike - everything amendment to HB 2416 (s /e: water and wastewater; denial prohibited) that requires municipal water providers to grant services outside of their corporate boundaries if certain conditions are met. The League opposes the measure, sponsored by Rep. David Stevens (R- Sierra Vista), because of its negative impacts on local control, as well as its lack of protections for current customers and assured water supplies. The bill passed the House Government Committee by a vote of 5 -4 and proceeds next to the House Rules Committee. On Wednesday, the Senate Committee on Water, Land Use and Rural Development considered SB 1319 (corporation commission; municipal water; jurisdiction), sponsored by Senator Frank Antenori. The bill would invest the Corporation Commission with the authority to regulate municipal water providers. The measure, opposed by the League, failed by a vote of 1 -4. Legislator Profile - Representative Peggy Judd State Representative Peggy Judd is a small town girt with big city energy. Having �Il illllgr spent her entire life applying that energy to the care of her family and the improvement of her community, she has brought her animated spirit and grinding horsepower to the Arizona Capitol, where she can make a difference on a larger scale. A native of Willcox, Arizona (population 4,294), Representative Judd has resided in Cochise County since birth. To hear her speak of her beloved home and its rich surroundings, there is tittle reason to think that she'll ever leave. "I love my world," the freshman representative enthuses. "I love the desert and the nighttime sky. I love the earth and trees and mountains. I love the cactus, the trains, the mines, the small hill towns, the smelters. I love everything about it." Raised on a Willcox farm, Representative Judd is a true daughter of Arizona. Her ancestral roots, encoded with a colorful state history, wind through early Mormon settlements, include indomitable repatriates from Mexico and even connect with Winnie Ruth Judd, the infamous "trunk murderess' (convicted of murder in 1932 after fleeing Phoenix on a train to Los Angeles with two shipping trunks containing the remains of her victims). The oldest of six children, Representative Judd has fond memories of her childhood on the farm. It was during her formative years that she developed a zealous work ethic, became actively involved in her church, and began a lifetime of service to others. Regular Council Meeting - March 6, 2012 - Page 88 of 98 League of Arizona Cities and Towns - Legislative Bulletin - Page 6 of 7 She was in high school when she met her future husband and boon companion, Kit. More interested in Kit's kid brother Alan, the teenaged Peggy would loiter around the auto shop where the two brothers worked. Annoyed by the frequent and distracting presence of Peggy, Alan told Kit, "She can't keep hanging around here. You've got to do something." So Kit did something. He took Peggy out on a date (picking her up in his 1975 Mustang to see Disney's The Black .Hole), married her and fathered her five children. He remains her best friend, closest confidante and trusted adviser. Representative Judd's passion for her world is reflected in the energy she has expended in making it a better place. Ambitious, curious, and interested in everything, she has a habit of signing up for causes and projects that will positively impact her fellows and her tribe. She has cut salt cedar in Aravaipa Canyon. She bakes pies by the score during the holidays. She has even served as president of Rex Allen Days, Inc., organizer of the iconic four -day western festival celebrating the life and times of the singing "Arizona Cowboy," who was born outside of Willcox at Mud Springs Canyon. Representative Judd is particularly effective when she sinks her teeth into a big project that involves lots of people and requires both leadership and attention to organizational detail. Providing inspiration and infusing other volunteers with courage, she will not rest until an undertaking in which she is involved is completed. With a profound sense of responsibility, she fears that everything will fall apart if she takes a break or looks the other way. So it was that she was a veritable force of nature in the reconstruction of her city's major park. She employed her architectural training to perform design work. She worked feverishly with the Parks and Recreation Commission to organize about twenty stakeholder meetings, collecting donations and acquiring important community input. She made presentations and met with multiple clubs and businesses. She attended to every possible detail. The legacy of her commitment is a multi -use facility that will serve her community for generations to come. Representative Judd's movement toward the Legislature was a natural byproduct of her native empathy, community activism and get -it -done attitude. Her interest in politics flared when she was serving as a sounding board for a dear friend who, discouraged by the country's direction, was venting despairingly about the state of the union and the nation's increasing tilt toward socialism. Knowing that dejected chatter was an insufficient response to her friend's concerns, Rep. Judd volunteered, "Well, let's do something about it." What she did was organize a tea party of disaffected yet patriotic citizens in Cochise County. The response was overwhelming, and people came from miles around to participate. Representative Judd found herself summarily immersed in a conservative political movement. She befriended a new universe of politically involved individuals and helped organize their civic activities. Recognizing her leadership abilities, these denizens of rural Arizona encouraged her to run for office. Attracted to the prospect, Representative Judd pondered a potential run for the Legislature in 2012, figuring that she would be sufficiently experienced and knowledgeable by then to make a credible bid for public office. Representative Judd's timetable, however, was accelerated on Mother's Day weekend, 2010. Her adult son picked her up and drove her to California for a spell of rest and relaxation. ("it was the best Mother's Day ever," she fondly recalls.) She was sitting on the beach when, interrupting her reverie, former Representative Gail Griffin (who was planning her own campaign for Senate), called with an important news flash. One of the two Republican candidates for the House from District 25 had dropped out of the race. "We need you to run," implored Griffin. "Everything looks and sounds better when you're on the beach," muses Representative Judd. Consequently, the vacationing firebrand answered, 'Why not ?" and her political career was launched. Cake - walking through the uncontested primary, the future representative knew within two weeks of the general election that she would win. She had thrown herself completely into the race, "traveling everywhere and meeting everybody," and she felt the political wind at her back. In the end, she was the top vote - getter in the District 25 House race. Regular Council Meeting - March 6, 2012 - Page 89 of 98 League of Arizona Cities and Towns - Legislative Bulletin Page 7 of 7 District 25 includes an unusual number of incorporated communities (a dozen in all), including Tombstone, Bisbee, Nogales and Sierra Vista. As a freshman lawmaker, Representative Judd feels that the Legislature has gotten "way off the track" by interfering with municipal prerogatives. "City and town councils know their communities better than we do, and we should leave as much up to them as possible," Representative Judd wisely opines. Representative Judd's political ambition is to do the best job she can on behalf of her constituents and to do everything within her power to make the state a better place. With a growing cohort of grandchildren - eight and counting - it has become her mission to ensure that they inherit a world that they can love as much as she does. That's a tall order. But if it's a matter of energy, organization and faith, then Representative Judd is the right person for the job. Legislative Bulletin is published by the League of Arizona Cities and Towns. Forward your comments or suggestions to league@azleague.org. Regular Council Meeting - March 6, 2012 - Page 90 of 98 League of Arizona Cities and Towns - Legislative Bulletin Page 1 of 6 Leagufe- 0"& Anzona JLOW110 Legislative Bulletin — ISSUE 7 - February 24, 2012 Legislative Update Today is the 47th day of the second regular session of Arizona's Centennial Legislature. Nearing the halfway mark of the 100 -day session deadline established by House and Senate rule, the pace of legislative activity in the Committees of the Whole and on Third Reading calendars accelerated considerably during the past week. News from the Capitol this week was dominated by consideration of a legislative budget that was prepared and presented jointly by the House and Senate. The $8.66 billion budget proposes total spending that is $106 million less than last year and nearly $200 million less than the governor proposed in her budget. Introduced in the Legislature late on Monday (Presidents' Day), the budget was subject to hearings of the Appropriations Committees at 8:00 a.m. the next morning. It was approved by those committees largely on a party - line vote. i While the budget establishes a conservative marker, there seems to be universal consensus and understanding that it does not represent the Legislature's final budgetary effort for the year. Rather, it is expected that passage of the budget (or at least its introduction and consideration by committee) will trigger serious negotiations between the legislative and executive branches of government. In other news, Phil Lovas, a Peoria Republican, was sworn in on Tuesday, February 21, as the newest member of the House. Lovas was named by the Maricopa County Board of Supervisors to fill the District 4 seat vacated when farmer Rep. Judy Burges (R -Sun City West) was appointed to the District 4 Senate seat. With the appointment of Lovas, a 43- year -old hotel developer, there remains but one vacancy in the House of Representatives: the District 13 seat formerly occupied by Rep. Richard Miranda (D- Tolleson) until his sudden resignation on February 16. His successor will also be appointed by the Maricopa County Board of Supervisors. Impacts of Legislative Budget on Municipalities Despite widespread support for returning funding responsibility for the Arizona Department of Water Resources (ADWR) to the state's general fund, the legislative budget continues the imposition of an assessment on cities and towns to fund departmental operations. The budget assumes a municipal contribution of $6.25 million to ADWR, the same level as last year. The budget includes an overall shift of $87 million of Highway User Revenue Fund dollars to the Motor Vehicles Division. Of this amount, approximately $26 million is diverted from cities and towns. This funding shift happened for the first time last year at about the same level. Regular Council Meeting - March 6, 2012 - Page 91 of 98 League of Arizona Cities and Towns - Legislative Bulletin Page 2 of 6 In addition, the budget shifts $95 million (including $29 million from city and towns) in HURF dollars to the Department of Public Safety. This compares to $36 million diverted from cities and towns last year. The League is disappointed that these items, funding state agencies with local revenues, are included in the initial legislative budget. Nevertheless, bills providing for the elimination of the ADWR assessment continue to move through the legislative process, and several members have spoken out publicly against the continued transfer of HURF dollars. They have also explained that the proposed budget requires a number of changes to move toward enactment. In the meantime, we encourage city and town officials to contact members of their delegation to insist that those budget items be corrected before the final budget is approved. The League is pleased to report that the legislative budget does not sweep any 9 -1 -1 funds. Moreover, it proposes no changes to shared revenue distribution. Regulatory Tax Credits On Monday, February 20, the House Rules Committee approved HB 2815 (employment; incentives; regulatory tax credit) by a unanimous vote. The bill was cleared in caucus the next day and awaits consideration by the Committee of the Whole. A particular provision of HB 2815, establishing a tax credit for the costs of "excessive regulation," is highly objectionable. It provides that an individual who feels aggrieved by excessive regulation may apply to the Department of Revenue for a credit against his state taxes. The regulating jurisdiction would in turn compensate the state through withheld shared revenues. This untested and unworkable provision represents individualism run amok, ignoring that popularly elected municipal officials enact ordinances to establish common rules for the good of the community rules that protect property values, establish sanitary standards, and promote aesthetic considerations. City and town officials are encouraged to express their objections to regulatory tax credits to their state legislators. Department of Water Resources Assessment On Wednesday, February 22, the House Appropriations Committee considered and unanimously passed HB 2493 (department of water resources; funding). The legislation, sponsored by Rep. Russ Jones (R -Yuma) establishes a joint legislative study committee to determine alternative funding mechanisms for the Arizona Department of Water Resources (ADWR). Furthermore, it repeals the statutory authority of ADWR to impose an assessment on municipalities in two years. The bill previously passed the House Committee on Agriculture and Water and now proceeds to the Rules Committee. SB 1288 (municipal water fees; repeal; appropriation) repeals the ADWR assessment authority immediately upon the bill's effective date and provides for funding of the agency through the State's general fund. The bill, sponsored by Senator Gail Griffin (R- Hereford), passed the Senate on Third Read by a vote of 30 -0 on February 16. Preferring the approach of SB 1288, but appreciating the sentiment of HB 2493, the League registered its neutrality on the latter during Wednesday's hearing. Final decisions with respect to the assessment are expected to result from future budget negotiations between the legislative and executive branches. Homeowners' Associations (HOA) On Tuesday, February 21, the House Committee on Government passed SB 1239 (planned communities; zoning; requirements) by a vote of 6 -2. The measure prohibits municipalities from requiring a homeowners' association Regular Council Meeting - March 6, 2012 - Page 92 of 98 League of Arizona Cities and Towns - Legislative Bulletin Page 3 of 6 (HOA) as part of a subdivision regulation or zoning ordinance. The League opposes the measure because of its potential to increase the financial burden on taxpayers who do not reside in subject developments. SB 1239 includes language permitting counties to require HOAs to provide for the maintenance of community - owned property. The League proposes that similar permission be granted to cities and towns. HOA Parking and Road Enforcement On Thursday, February 23, the Senate passed SB 1113 (homeowners' associations, public roadways) by a vote of 18- 11. Sponsored by Senator Nancy Barto (R- Phoenix), this bill divests homeowners' associations of their authority over roads that are dedicated to a governmental entity. The League opposes the measure because of the burdens it imposes on local law enforcement and financial resources. The legislation proceeds to the House of Representatives for further consideration. During Senate floor consideration of the measure, Senator Barto announced that the bill would be amended in the House to exempt large communities governed by HOAs. Transaction Privilege Tax Reform Committee On Thursday, February 23, the Senate Committee on Finance unanimously passed HB 2123 (transaction privilege tax reform committee). The bill establishes a 12- member committee to study various issues related to the future of sales and income taxes in Arizona. The bill, which previously passed the House by a vote of 57 -0, requires the study committee to report its findings and recommendations by October 31, 2012. The bill was amended in the House to include two city and town representatives as members of the study committee. Revenue Allocation Districts On Thursday, February 23, HB 2469 (revenue allocation districts) passed the House of Representatives by a vote of 44 -13. The measure, sponsored by Rep. Rick Gray (R -Sun City), authorizes municipalities to form Revenue Allocation Districts, which can pledge increases in both property tax and sales tax revenue to secure bonds issued to benefit the district. The League actively supports the measure, which now heads to the Senate for further consideration. Government Transparency On Thursday, February 23, HB 2621 (local government budgets; posting; contents) passed the House of Representatives by a vote of 56 -1. The legislation makes a number of changes to the statutes governing local government budget processes. The League previously expressed concern about a provision that would prohibit municipalities without websites from using the League website to comply with the law. The bill's sponsor, Rep. Debbie Lesko (R- Glendale), introduced an amendment to the bill in Committee of the Whole to reverse the proposed prohibition. The amendment was adopted by voice vote. Government Deposits On Monday, February 20, the House Committee on Banking and Insurance unanimously passed SB 1135 (government deposits). The bill, sponsored by Senator John McComish (R- Phoenix), previously passed the Senate by a vote of 29- 0. The League supports the measure. The bill authorizes municipalities to invest surplus funds and other monies not used for operating costs into federally insured savings deposit accounts through Insured Cash Sweep (ICS). ICS is a deposit placement service that allows for Regular Council Meeting - March 6, 2012 - Page 93 of 98 League of Arizona Cities and Towns - Legislative Bulletin Page 4 of 6 a depositor's funds to be swept from a transaction or checking account into savings accounts (interest - bearing money market accounts). ICS allocates the funds to accounts in banks throughout the country in amounts less than the Federal Deposit Insurance Corporation (FDIC) insurance maximum of $250,000 so that both principal and interest are eligible for FDIC insurance. Law Enforcement Officers Earlier this week, the House Committee on Employment and Regulatory Affairs decided to hold SB 1212 (law enforcement officers; just cause). Sponsored by Senator Andy Biggs (R- Gilbert), the bill mandates that the same "just cause" process required for the termination of law enforcement officers be applied to demotions and suspensions lasting longer than 40 hours. The League opposes the measure because it limits the authority of municipalities to discipline problematic officers. Traffic Enforcement On Tuesday, February 21, the Senate Appropriations Committee passed SB 1313 (intersection; definition) by a vote of 4 -3. The measure, sponsored by Senator Frank Antenori (R- Tucson), modifies the definition of intersection for those intersections that are managed by traffic control signals. The League opposes the bill as an encroachment on local authority. The legislation now proceeds to the Senate Rules Committee. State Retirement Contributions The House Appropriations Committee held a special meeting on Thursday February 23, and considered HB 2264 (ASRS; employee; employer contributions; rate). The bill, sponsored by Rep. Bob Robson (R- Chandler), provides for a 50/50 split between employers and employees with respect to contributions to the Arizona State Retirement System (ASRS). The measure effectively repeals the portion of last year's SB 1614 that moved ASRS to a 47153 split between employers and employees, respectively. HB 2264 passed out of committee on a 10 -1 vote and was amended to make various technical changes. Legislator Profile - Representative Kimberly Yee If you walk into the inner chambers of the Arizona House and Senate, you'll likely find common decor among. the member offices: awards and plaques displayed on the walls, and carefully appointed framed photos of members posing with congressmen and presidents. But if you walk into the office of the representative from Arizona's Legislative District 10, you'll find wall -to -wall contemporary artwork featured in a pallet of bright colors, personally painted by none other than the Honorable Kimberly Yee herself. Representative Yee has a manner that is, in person, as easy, relaxed and charming as it appears on a local morning television show. She has appeared on this show on several occaions to share her innovative craft and project ideas. Her television colleagues have described her as a "creative crafts guru" and the "most creative person in the world." Given the enormous challenges faced by the State of Arizona, the Legislature can certainly use the creativity and fresh ideas that Yee brings to the enterprise of lawmaking. Of her many accomplishments, Yee is especially proud to be the first Asian - American woman ever elected to the Arizona Legislature. Accordingly, she feels a special responsibility toward the state's Asian- American community. Given the hardships endured by her forebears in pursuit of the American Dream, it is a responsibility she does not take lightly. Yee treasures the sacrifices made by her ancestors who traveled to America from China in search of a better life. Both of her grandparents were hard - working, small business owners who worked tirelessly around the clock, raising their families in a new land of opportunity. Regular Council Meeting - March 6, 2012 - Page 94 of 98 League of Arizona Cities and Towns - Legislative Bulletin Page 5 of 6 Yee derives much of her empathetic and caring nature from her mother, who taught in public schools for 38 years. Working in underprivileged school districts, her students would sometimes call her "Mom," because she was the most maternal and stable presence in their lives. "Fridays were hard for some of these kids, because they knew they wouldn't see their 'mom' for two days," Yee recalls. Every summer, the future representative would sort through her clothes to create a pile of hand -me -downs to contribute to her mother's extended family of needy children. The experience sensitized Representative Yee to the needs of the less fortunate and led to her strong advocacy of educational justice. "Alt children deserve equal educational opportunities," Representative Yee asserts. "Your access to a good education shouldn't be determined by where you come from or what neighborhood you live in." Growing up in the same district she currently represents, Yee gravitated toward politics at Greenway High School, from which she graduated in 1992. Though she served as class president during most of her high school career, she became focused on "adult" politics largely because of her service as the art director and editorial cartoonist for the Demon Dispatch, Greenway's school paper. At the time, the school principal was regularly censoring stories and preventing her cartoons and other students' news articles from being published. A student of government who was interested in First Amendment rights, the young opinion leader questioned why free speech was so restrained on campus. At the time, an elected official learned of censorship at the Demon Dispatch and sponsored legislation to protect freedom of speech rights for high school and college students. The elected official contacted Yee, and in due course, she found herself testifying before the Senate Committee on Education in support of student speech rights legislation sponsored by the lawmaker. The bill was reported with a do -pass recommendation on the day she testified, and the eighteen - year -old Yee was hooked. Following her graduation from high school, Yee enrolled at Pepperdine University, where she received dual undergraduate degrees in engtish and political science. She continued her postgraduate education at Arizona State University, where she received a master's degree in public administration. At Pepperdine, Yee showed that she had indeed inherited the work ethic of her forebears. Demonstrating initiative and industriousness, she worked: as an assistant curator at the campus art museum; for the student paper; as a resident advisor; and as an off - campus nanny. In her senior year, she was awarded a prestigious fellowship to the California Executive Fellowship Program and served in the Office of the State Superintendent of Public Instruction, specializing in childcare, preschool development and K -12 education. Her success in the position led to her appointment as a policy advisor to California's State Board of Education under Governor Pete Wilson. At the tender age of 23, she was the youngest Administration official to be administered the oath of office. Following her service to Governor Wilson, Yee returned home to Arizona to serve as senior staff to the Senate Committee on Education - the very committee before which she had testified as a high school senior. From 1998 to 2003, she helped draft many of Arizona's laws to improve and advance the state's public education system. In 2004, the Terminator called and Yee took another turn through the public policy revolving door between Arizona and California. Governor Arnold Schwarzenegger appointed Yee to serve as Deputy Cabinet Secretary for Education and Consumer Affairs, Labor, and Workforce Development for the State of California. Although she was too busy to be distracted by star - gazing, opportunities to rub elbows with the rich and famous were legion. "It seemed that every celebrity you could imagine wanted to spend time with the Governor. I met Jesse Jackson, Clint Eastwood, Danny DeVito - really, too many stars to recall. Rob Lowe spent an entire day shadowing Governor Schwarzenegger, preparing for his role on West Wing." As much as she may have enjoyed spending more time with the visiting screen idols, Yee had more important matters to attend to - like California's budget crisis. Accordingly, she helped conceive and organize the state's first ever garage sale. "I learned that the state had an enormous amount of surplus property stored in warehouses. Some of it was seized property, but the warehouses were also fitted with boxes and boxes of unused office supplies that agencies had purchased in year -end spending sprees to keep their baselines elevated. By setting off these items, Regular Council Meeting - March 6, 2012 - Page 95 of 98 httl): / /www.leagueaz.org/bulletin/12 /120224 /index.cfm ?a=print 2/24/2012 League of Arizona Cities and Towns - Legislative Bulletin Page 6 of 6 we'd get some return on the expense, and we'd save on future warehousing fees." The statewide garage sale was a sensation. It was advertised worldwide and garnered mountains of earned media. The Arnold even donated a movie jacket. Lines formed the night before the sale in Sacramento, and buyers had to park miles away. Of course, the sale didn't solve California's budget woes, but the outside- the -box event did sensitize people to the urgency of the budget problem and demonstrated that the state was leaving no stone unturned in its effort to deal with the situation. Following her service to Governor Schwarzenegger, Yee returned to Arizona where she served then- Treasurer Dean Martin as Director of Communications and Government Affairs. She also dove headlong into state politics as Chairman of the Legislative District 10 Republican Committee. On August 2, 2010, she was appointed to serve the remaining term of Representative Doug Quelland, who was removed from office for campaign finance irregularities. The following November, she won the seat in her own right as the top vote - getter among all District 10 general election candidates. As a legislator, Representative Yee continues to focus on educational issues as the vice chairwoman of the Committee on Education. She also serves on the Committee on Health and Human Services and the Committee on Employment and Regulatory Affairs. Representing the cities of Glendale and Phoenix, Yee describes herself as, "a huge advocate for local government and local control." She respects those of her colleagues who have local government experience and cites League award winners Steve Urie and Karen Fann as valuable resources on whom she relies for guidance and information regarding municipal issues. The many years Yee spent working for elected officials and crafting public policy proposals have provided her a unique foundation to bring to the job as a member of the Arizona Legislature. And, as seen in her own hand - painted artwork displayed in her office, Yee brings to the job an ability to create vibrant colors on what began as a blank canvas. These are fitting preparations for her service at the Legislature, which benefits as much from her abiding grace as her notable creativity. Legislative Bulletin is published by the League of Arizona Cities and Towns. Forward your comments or suggestions to league@azleague.org. Regular Council Meeting - March 6, 2012 - Page 96 of 98 League of Arizona utiesANDTowns Media Contact: Ken Strobeck, Executive Director League of Arizona Cities and Towns 602- 258 -5786 kstrobeck @azleague.org FOR IMMEDIATE RELEASE CITIES AND TOWNS ON THE MOVE Making smart transportation investments across Arizona PHOENIX (Feb. 29, 2012) – As Arizona regains its economic footing, cities and towns across the state are creating jobs, improving quality of life and enhancing their local economies by investing in vital transportation infrastructure projects. From making streets safer for cars, bicycles and pedestrians to expanding public transit options, Arizona's cities and towns are on the move. "Great cities and towns are never finished," said Clarkdale Mayor Doug Von Gausig, President of the League of Cities and Towns. "Cities have done more with less, but we have still focused on needed transportation and transit infrastructure improvements to make our cities safer and more economically viable." Cities and towns have seen distribution of HURF (Highway User Revenue Funds) from the state drop significantly in recent years as money has been diverted to help pay for the state Department of Public Safety and Motor Vehicles Division. Last fiscal year saw a reduction of approximately $39 million —money that would have been used for local street and road improvements, maintenance and construction. Despite the HURF reductions, cities and towns are stretching their transportation dollars to complete the highest priority projects in their communities. Here are a few examples of transportation - related investments impacting Arizona's cities and towns: • In Chandler, an intersection that has the city's sixth- highest accident rate will get additional left -turn and right -turn lanes that will reduce the number of accidents by more than a third. The $7.1 million construction project will also include bike lanes, street lights, landscaping and other needed improvements. The project starts March 5. • Scottsdale's ongoing investment to increase and improve its bikeways network was recognized nationally this fall by the League of American Bicyclists. Scottsdale earned a Gold Bicycle Friendly Community designation as one the top 17 most bicycle - friendly communities in the nation. Regular Council Meeting - March 6, 2012 - Page 97 of 98 • The City of Glendale recently touted its commitment to "traveling green" by encouraging residents to use its series of three linear parks for those who walk, bike, skate or ride horses. The three parks — Skunk Creek Park, Thunderbird Paseo Park, and Grand Canal Park — offer over 10 miles of long, narrow greenbelts with paved paths and amenities like playgrounds, disc golf and racquet sports. • The future looks bright for Metro light rail users as $20 million has been identified as part of the federal budget to help fund the planned 3.1 -mile extension of light rail into downtown Mesa in 2013. This would be the second installment for the $75 million Federal Transit Administration project ($200 million total). About the Leaguer The League of Arizona Cities and Towns is a voluntary association of all the 91 incorporated cities and towns in the state of Arizona. It provides policy and legislative advocacy, information and inquiry services, along with publications and educational programs to strengthen the quality and efficiency of municipal government. It was founded in 1937 to serve the interests of cities and towns and to preserve the principles of home rule and local determination. For more information, visit www.azleague.org Regular Council Meeting - March 6, 2012 - Page 98 of 98