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HomeMy WebLinkAboutRegular Council Meeting Agenda Packet 9-17-2019              MARANA TOWN COUNCIL REGULAR COUNCIL MEETING NOTICE AND AGENDA 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, September 17, 2019, at or after 7:00 PM Ed Honea, Mayor Jon Post, Vice Mayor David Bowen, Council Member Patti Comerford, Council Member Herb Kai, Council Member John Officer, Council Member Roxanne Ziegler, Council Member   Pursuant to A.R.S. § 38-431.02, notice is hereby given to the members of the Marana Town Council and to the general public that the Town Council will hold a meeting open to the public on September 17, 2019, at or after 7:00 PM located in the Council Chambers of the Marana Municipal Complex, 11555 W. Civic Center Drive, Marana, Arizona. 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 electronic devices. Meeting Times Welcome to this Marana Town Council meeting. Regular Council meetings are usually held the first and third Tuesday of each month at 7:00 PM at the Marana Municipal Complex, although the date or time may change and additional meetings may be called at other times and/or places. Contact the Town Clerk or watch for posted agendas for other meetings. This agenda may be revised up to 24 hours prior to the meeting. In such a case a new agenda will be posted in place of this agenda. Speaking at Meetings If you are interested in speaking to the Council during the Call to the Public or Public Hearings, 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. Marana Town Council Meeting 9/17/2019 Page 1 of 319 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. Persons with a disability may request a reasonable accommodation, such as a sign language interpreter, by contacting the Town Clerk at (520) 382-1999. Requests should be made as early as possible to arrange the accommodation. Agendas Copies of the agenda are available the day of the meeting in the lobby outside the Council Chambers or online at www.maranaaz.gov under Agendas and Minutes. For questions about the Council meetings, special services or procedures, please contact the Town Clerk, at (520) 382-1999, Monday through Friday from 8:00 AM to 5:00 PM. This Notice and Agenda Posted no later than 24 hours prior to the meeting, at the Marana Municipal Complex, 11555 W. Civic Center Drive, the Marana Operations Center, 5100 W. Ina Road, and at www.maranaaz.gov under Agendas and Minutes.   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 within the jurisdiction of the Town Council, except for items scheduled for a Public Hearing at this meeting. 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. 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, and 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   Marana Town Council Meeting 9/17/2019 Page 2 of 319 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 and affirmative vote will approve all items on the Consent Agenda, including any resolutions or ordinances. Prior to a motion to approve the Consent Agenda, any Council member may remove any item from the Consent Agenda and that item will be discussed and voted upon separately.   C1 Resolution No. 2019-088: Relating to Addressing; renaming the portion of Hidden Saguaro Trail located east of Saguaro Peaks Boulevard to Garnet Range Loop (Christen Bilow)   C2 Resolution No. 2019-089: Relating to Development; approving the ’Final Plat for Saguaro Bloom “7A”, Lots 1-202, Blocks “7B” and “7C” (Future Residential) and Common Areas A (Drainage/Open Space) and “B” (Park),’ located at the southeast corner of Lambert Lane and Saguaro Peaks Boulevard; and re-designating and reclassifying certain Town-owned drainageway and open space as right-of-way (Steven E. Vasquez)   C3 Resolution No. 2019-090:  Relating to Parks and Recreation; approving and authorizing the Town Manager to execute a Tree Resource Enhancement and Engagement Program Grant Agreement (No. TREE 17-105) between the Arizona Department of Forestry and Fire Management and the Town of Marana for grant funding for the El Rio Preserve Riparian Restoration Project (Kristin Taft)   C4 Resolution No. 2019-091: Relating to Police Department; approving and authorizing the Chief of Police and the Town Manager to execute GOHS Contract Numbers 2020-PTS-030 and 2020-II-003 between the State of Arizona by and through the Governor's Office of Highway Safety (GOHS) and the Town of Marana for grant funding for DUI/Impaired Driving Enforcement Program, enforcement related materials and supplies, and STEP Enforcement Program (Kristin Taft)   C5 Resolution No. 2019-092: Relating to Municipal Court; approving the reappointment of Michael Aaron, Kenneth Bowman, Maria Felix, and Ronald Newman and the appointment of Frank Anjakos as magistrates pro tempore for the Marana Municipal Court (Laine Sklar)   C6 Resolution No. 2019-093: Relating to Development; approving a release of assurances for Del Webb at Dove Mountain VII Lots 455-553 subdivision and accepting public improvements for maintenance (Keith Brann)   C7 Resolution No. 2019-094: Relating to Utilities; approving and authorizing the Marana Town Council Meeting 9/17/2019 Page 3 of 319 C7 Resolution No. 2019-094: Relating to Utilities; approving and authorizing the Water Director to sign Amendment No. 2 to Resource Aggregation Contract No. 11 DSR 12215 among United States Department of Energy Western Area Power Administration, Town of Marana, Arizona Water Department, and Arizona Electric Power Cooperative, Inc. (Scott Schladweiler)     C8 Approval of the September 3, 2019 Regular Council Meeting Summary Minutes (Cherry L. Lawson)   LIQUOR LICENSES   L1 Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor Licenses and Control regarding a new series 7 Beer and Wine bar liquor license application submitted by Brian Euaine Vance on behalf of Catalina Brewing Company located at 6918 N. Camino Martin Suite #120, Tucson, Arizona 85741 after proper posting has been completed (Cherry L. Lawson)   L2 Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor Licenses and Control regarding an Owner Transfer series #009 Liquor Store liquor license application submitted by Inder Preet Kaur on behalf of Arco AM/PM, located at 3825 W. Orange Grove Road, Tucson, Arizona 85741 (Cherry L. Lawson)   L3 Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor Licenses and Control regarding a new series #012 restaurant liquor license application submitted by Tyler Raymond Leveque on behalf of Baja Cafe, located at 3930 W. Ina Road #322, Tucson, Arizona 85741 (Cherry L. Lawson)     BOARDS, COMMISSIONS AND COMMITTEES   COUNCIL ACTION   A1 PUBLIC HEARING: Ordinance No. 2019.020, Relating to Development, approving amendments to the Marana Main Street Specific Plan (Cynthia Ross)   ITEMS FOR DISCUSSION / POSSIBLE ACTION   DI Relating to Floodplain Management; a presentation and possible direction regarding the findings from the second phase of the Town of Marana's northwest drainage study (Keith Brann)   D2 Relating to Development and Public Works; update, discussion, and possible    Marana Town Council Meeting 9/17/2019 Page 4 of 319 D2 Relating to Development and Public Works; update, discussion, and possible direction regarding public and private projects and development applications on the Town’s Marana Current and Proposed Projects internet site (Jamsheed Mehta)      D3 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 the other governmental bodies (Jamsheed Mehta)      EXECUTIVE SESSIONS Pursuant to A.R.S. § 38-431.03, the Town Council may vote to go into executive session, which will not be open to the public, to discuss certain matters.   E1 Executive Session pursuant to A.R.S. §38-431.03 (A), Council may ask for discussion or consideration, or consultation with designated Town representatives, or consultation for legal advice with the Town Attorney, concerning any matter listed on this agenda for any of the reasons listed in A.R.S. §38-431.03 (A).      FUTURE AGENDA ITEMS Notwithstanding the mayor’s discretion regarding the items to be placed on the agenda, if three or more Council members request that an item be placed on the agenda, it must be placed on the agenda for the second regular Town Council meeting after the date of the request, pursuant to Marana Town Code Section 2-4-2(B).   ADJOURNMENT     Marana Town Council Meeting 9/17/2019 Page 5 of 319      Council-Regular Meeting   C1        Meeting Date:09/17/2019   To:Mayor and Council From:Christen Bilow, Business Process Analyst Date:September 17, 2019 Strategic Plan Focus Area: Not Applicable Subject:Resolution No. 2019-088: Relating to Addressing; renaming the portion of Hidden Saguaro Trail located east of Saguaro Peaks Boulevard to Garnet Range Loop (Christen Bilow) Discussion: Baker and Associates Engineering has submitted a request for approval of a final plat for Saguaro Bloom Block 7, which is on tonight's agenda for approval. The Saguaro Bloom Block 7 plat dedicates Garnet Range Loop, a road that will intersect on the north with Saguaro Peaks Boulevard and will tie in on the south to Hidden Saguaro Trail, which also intersects with Saguaro Peaks Boulevard. Section X.040.C.15.d. of the Town's Addressing Manual defines a loop as a "horseshoe-shaped street having two distinct intersections with the same street." Section X.040.C.16.e. of the Town Addressing Manual provides that a loop street "shall have a unique street name and shall not assume the name of any aligned street, and shall only occur on one side of the intersected street." To comply with the Town's Addressing Manual, the portion of Hidden Saguaro Trail located east of Saguaro Peaks Boulevard needs to be renamed Garnet Range Loop. There are no existing property addresses affected by the renaming of this segment of street.  Staff Recommendation: Staff recommends adoption of Resolution 2019-088, renaming the portion of Hidden Saguaro Trail located east of Saguaro Peaks Boulevard to Garnet Range Loop. Marana Town Council Meeting 9/17/2019 Page 6 of 319 Suggested Motion: I move to adopt Resolution 2019-088, renaming the portion of Hidden Saguaro Trail located east of Saguaro Peaks Boulevard to Garnet Range Loop. Attachments Resolution 2019-088 Street Name Change Map Marana Town Council Meeting 9/17/2019 Page 7 of 319 00065371.DOCX /1 Resolution No. 201 9-088 - 1 - 8/30/2019 4:39 PM MARANA RESOLUTION NO. 201 9-088 RELATING TO ADDRESSING; RENAMING THE PORTION OF HIDDE N SAGUARO TRAIL LOCATED EAST OF SAGUARO PEAKS BOULEV ARD TO GARNET RANGE LOOP WHEREAS Baker and Associates Engineering, Inc. has applied on behalf of D. R. Horton, Inc. for approval of the ‘Final Plat for Saguaro Bloom “7A”, Lots 1-202, Blocks “7B” and “7C” (Future Residential) and Common Areas A (Drainage/Open Space) and “B” (Park)’ (the “Saguaro Bloom Block 7 Plat”), located a t the southeast corner of Lambert Lane and Saguaro Peaks Boulevard; and WHEREAS Garnet Range Loop as depicted on the Saguaro Bloom Block 7 Plat is a loop street as defined in the Town’s Addressing Manual by virtue of its intersection on the north with Sagu aro Peaks Boulevard and its tie-in on the south to Hidden Saguaro Trail, which also intersects with Saguaro Peaks Boulevard ; and WHEREAS the Town’s Addressing Manual provides that a loop street “shall have a unique street name and shall not assume the name of any aligned street, and shall only occur on one side of the intersected street”; and WHEREAS the portion of Hidden Saguaro Trail located east of Saguaro Peaks Boulevard needs to be renamed Garnet Range Loop to comply with the Town’s Addressing Manual; and WHEREAS no existing addresses will be a ffected by this change; and WHEREAS the Marana Town Council finds that changing the street name is in the best interests of the Town and the public . NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona that the portion of Hidden Saguaro Trail located east of Saguaro Peaks Boulevard is hereby renamed Garnet Range Loop . Marana Town Council Meeting 9/17/2019 Page 8 of 319 00065371.DOCX /1 Resolution No. 201 9-088 - 2 - 8/30/2019 4:39 PM PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 17th day of September, 2019. Mayor Ed Honea ATTEST: Cherry L. Lawson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Town Council Meeting 9/17/2019 Page 9 of 319 Marana Town Council Meeting 9/17/2019 Page 10 of 319      Council-Regular Meeting   C2        Meeting Date:09/17/2019   To:Mayor and Council From:Steven Vasquez, Senior Planner Date:September 17, 2019 Strategic Plan Focus Area: Not Applicable Subject:Resolution No. 2019-089: Relating to Development; approving the ’Final Plat for Saguaro Bloom “7A”, Lots 1-202, Blocks “7B” and “7C” (Future Residential) and Common Areas A (Drainage/Open Space) and “B” (Park),’ located at the southeast corner of Lambert Lane and Saguaro Peaks Boulevard; and re-designating and reclassifying certain Town-owned drainageway and open space as right-of-way (Steven E. Vasquez) Discussion: Request Baker and Associates Engineering, Inc., on behalf of DR Horton, Inc., is requesting the approval of a final plat consisting of 202 lots, Blocks 7B and 7C (future residential) and Common Areas "A" and "B" on 121.14 acres within the Saguaro Bloom development. Location The subdivision will be located within Block 7 of the Saguaro Springs block plat (Bk. 58, Pg. 23) at the southeast corner of Lambert Lane and Saguaro Peaks Boulevard. Zoning The zoning for Block 7 is R-6 (Single Family Residential - minimum lot size of 6,000 square feet). The minimum lot size is 6,007 square feet. The maximum lot size is 11,075 square feet. The average lot size is 6,828 square feet. Land Use The plat proposes 202 lots, Blocks 7B and 7C (future residential) [71 acres], Common Area "A" (drainage/open space) [2.8 acres], Common Area B (Park) [1 acre]. The proposed density of Block 7A is 4.0 residences per acre. The gross density for all of Block 7 is currently 1.7 residences per acre and planned to increase density as Blocks 7B andMarana Town Council Meeting 9/17/2019 Page 11 of 319 7 is currently 1.7 residences per acre and planned to increase density as Blocks 7B and 7C are developed. Transportation The subdivision has two entries with 78 foot right-of-way widths, both on Garnet Range Loop. One entry will be off Saguaro Peaks Boulevard, and the second entry will be off a portion of right-of-way through Block 8A renamed from Hidden Saguaro Trail to Garnet Range Loop to Saguaro Peaks Boulevard.  Both of these entries will require reclassifying a portion of Block D adjacent to Block 7 from public drainageway and open space to right-of-way. The subdivision has a typical internal, public street section utilizing a 42 foot wide right-of-way. Park Requirement and Trail Connectivity The 202 residential lots in Block 7A require a minimum of 37,370 square feet of improved recreation area. A 45,576 square foot active recreation area is planned in Common Area "B", located in the center of the southern portion of the subdivision, adjacent to lots 145 and 146. A decomposed granite trail between lots 62 and 63, with an ADA-compliant ramp, to the existing drainage channel trails will provide connectivity to public sidewalks and planned trail connections. A decomposed granite trail between lots 43 and 44 will provide connectivity to public sidewalks and existing and planned trail connections. Preliminary Plat The preliminary plat for Saguaro Bloom Block 7A was approved by adoption of Resolution No. 2019-029 at the April 16, 2019 Town Council meeting. Staff Recommendation: Staff has reviewed the request against the requirements of the Land Development Code, the Town Code, and the General Plan. The final plat is in substantial conformance with all required development regulations. Staff recommends adoption of Resolution 2019-089, approving the ’Final Plat for Saguaro Bloom “7A”, Lots 1-202, Blocks “7B” and “7C” (Future Residential) and Common Areas A (Drainage/Open Space) and “B” (Park).’ Suggested Motion: I move to adopt Resolution 2019-089, approving the ’Final Plat for Saguaro Bloom “7A”, Lots 1-202, Blocks “7B” and “7C” (Future Residential) and Common Areas A (Drainage/Open Space) and “B” (Park).’ Attachments Resolution 2019-089 Approving the Final Plat for Saguaro PRV1904-001 Saguaro Bloom Blk 7A FP PRV1904-001 Saguaro Bloom Blk 7A FP Map Marana Town Council Meeting 9/17/2019 Page 12 of 319 PRV1904-001 Saguaro Bloom Blk 7A FP App Marana Town Council Meeting 9/17/2019 Page 13 of 319 00065366.DOCX /2 Resolution No. 201 9-089 - 1 - 9/3/2019 10:34 AM MARANA RESOLUTION NO. 201 9-089 RELATING TO DEVELOPMENT; APPROVING THE ’FINAL PLAT FOR SAGUARO BLOOM “7A”, LOTS 1-202, BLOCKS “7B” AND “7C” (FUTURE RESIDENTIAL) AND COMMON AREAS A (DRAINAGE/OPEN SPACE) AND “B” (PARK),’ LOCATED AT THE SOUTHEAST CORNER OF LAMBERT LANE AND SAGUARO PEAKS BOULEVARD; AND RE-DESIGNATING AND RECLASSIFYING CERTAIN TOWN- OWNED DRAINAGEWAY AND OPEN SPACE AS RIGHT-OF-WAY WHEREAS the Mayor and Town Council adopted Resolution No. 200 4-015 on April 6, 2004, approving the Final Block Plat for Saguaro Springs, recorded in the Pima County Recorder’s office on April 12, 2004 at Book 58 of maps and plats, Page 23 (Sequence 20040700643) (the “Saguaro Springs Block Plat”); and WHEREAS Baker and Associates Engineering , Inc. has applied on behalf of D. R. Horton, Inc. for approval of the ’Final Plat for Saguaro Bloom “7A”, Lots 1-202, Blocks “7B” and “7C” (Future Residential) and Common Areas “A” (Drainage/Open Space) and “B” (Park)’ (the “Saguaro Bloom Block 7 Plat”), located at the southeast corner of Lambert Lane and Saguaro Peaks Boulevard; and WHEREAS the Saguaro Bloom Block 7 Plat is consistent with the preliminary plat for Saguaro Bloom Block 7, approved by Resolution No. 2019 -029 on April 16, 2019; and WHEREAS the Saguaro Springs Block Plat included the dedication of “Saguaro Peaks Boulevard,” a public road separated from the northern portion of the Saguaro Bloom Block 7 Plat by Block D of the Saguaro Springs Block Plat; and WHEREAS the Final Plat for Saguaro Springs Block 8A was recorded in the Pima County Recorder’s office on December 21, 2006 at Book 62 of maps and plats, Page 7 (Sequence 20062450478) (the “Saguaro Springs Block 8A Plat”); and WHEREAS the Saguaro Springs Block 8A Plat included the dedication of “Hidden Saguaro Trail,” a public road whose eastern terminus is Block D of the Saguaro Springs Block Plat; and WHEREAS Block D of the Saguaro Springs Block Plat is designated as “Public Drainageway & Open Space”; and WHEREAS the Saguaro Bloom Block 7 Plat includes the dedication of Garnet Range Loop ; and Marana Town Council Meeting 9/17/2019 Page 14 of 319 00065366.DOCX /2 Resolution No. 201 9-089 - 2 - 9/3/2019 10:34 AM WHEREAS the north end of Garnet Range Loop as depicted on the Saguaro Bloom Block 7 Plat connects across Block D of the Saguaro Springs Block Plat to Saguaro Peaks Boulevard; and WHEREAS the south end of Garnet Range Loop as depicted on the Saguaro Bloom Block 7 Plat connects across Block D of the Saguaro Springs Bloc k Plat to the eastern terminus of Hidden Saguaro Trail as shown on the Saguaro Springs Block 8A Plat; and WHEREAS the connection of the north end of Garnet Range Loop to Saguaro Peaks Boulevard requires the re -designation and reclassification of a 78 -foot strip plus turn-outs of Block D of the Saguaro Springs Block Plat from “Public Drainageway & Open Space” to public right-of-way; and WHEREAS the connection of the south end of Garnet Range Loop to Hidden Saguaro Trail requires the re -designation and reclas sification of a 78-foot strip of Block D of the Saguaro Springs Block Plat from “Public Drainageway & Open Space” to public right-of-way; and WHEREAS the Marana Town Council has determined that the Saguaro Bloom Block 7 Plat should be approved and that portions of Block D of the Saguaro Springs Block Plat should be re -designated and reclassified as public right -of-way and named Garnet Range Loop . NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, as follows: Section 1. The Saguaro Bloom Block 7 Plat is hereby approved . Section 2. The 78-foot strip plus turn-outs of Block D of the Saguaro Springs Block Plat more particularly depicted and described on page 2 of the Saguaro Bloom Block 7 Plat and the 78-foot strip of Block D of the Saguaro Springs Block Plat more particularly depicted and described on page 5 of the Saguaro Bloom Block 7 Plat are hereby re-designated and reclassified from “Public Drainageway & Open Space” to public right-of-way and named Garnet Range Loop . PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 17th day of September, 2019. Mayor Ed Honea ATTEST: Cherry L. Lawson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Town Council Meeting 9/17/2019 Page 15 of 319 Marana Town Council Meeting 9/17/2019Page 16 of 319 Marana Town Council Meeting 9/17/2019Page 24 of 319 Marana Town Council Meeting 9/17/2019Page 25 of 319 Marana Town Council Meeting 9/17/2019Page 26 of 319 Marana Town Council Meeting 9/17/2019Page 27 of 319 0 Legend 1,000.00 SAGUARO BLOOM 7A Request for approval of a 202 lot residential subdivision within Block 7A of Saguaro Bloom. 2,000.0 Feet This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map are subject to Pima County's ITD GIS disclaimer and use restrictions.8/28/2019 Parcels Marana Town Council Meeting 9/17/2019 Page 28 of 319 Marana Town Council Meeting 9/17/2019 Page 29 of 319    Council-Regular Meeting   C3        Meeting Date:09/17/2019   To:Mayor and Council Submitted For:Kristin Taft, Grants Manager From:Kristin Taft, Grants Manager Date:September 17, 2019 Strategic Plan Focus Area: Recreation Subject:Resolution No. 2019-090:  Relating to Parks and Recreation; approving and authorizing the Town Manager to execute a Tree Resource Enhancement and Engagement Program Grant Agreement (No. TREE 17-105) between the Arizona Department of Forestry and Fire Management and the Town of Marana for grant funding for the El Rio Preserve Riparian Restoration Project (Kristin Taft) Discussion: The Town has been awarded a grant for $2,985 from the Arizona Department of Forestry and Fire Management for the purchase and installation of interpretive signage at the El Rio Preserve.  The Town’s El Rio Phase 1A capital project will improve the health and resiliency of the riparian area (or forested aquatic systems), while providing educational and recreational opportunities. Plans and projects under the umbrella of the El Rio Phase 1A capital project captures both the Parks and Recreation vision for the area and the Town-wide Strategic Plan initiatives. Within the recreational portion of Marana’s strategic plan, relevant to interpretive signage at El Rio, are action items for providing multigenerational programming and activities in addition to using recreation facilities and programming as opportunities to highlight the unique Sonoran Desert. Currently, the Parks and Recreational Department is in the process of developing interpretive signage panels for the area to build public awareness about this unique region within the community. The signage currently being developed has been through collaborative efforts with the University of Arizona, Friends of El Rio, Tucson Audubon Society, Department of Forestry and Fire Management, Arizona-Sonoran Desert, and local photographers. These signs are already in progress and include information about birds found in this riparian habitat, commonly found dragonfly and damselflies species Marana Town Council Meeting 9/17/2019 Page 30 of 319 and their role in vector control, El Rio Preserve as a natural desert splash pad and wildlife corridor, and brief summary about key issues about this riparian habitat. With the help of this grant, the Town will install an additional "Invasive Species" educational sign panel to the series. Financial Impact: Fiscal Year:2020 Budgeted Y/N:Y Amount:$2,985 The budget authority exists in the Grants fund for unanticipated grants and contributions (21500000-7170).  Budget funding up to the amount awarded will be moved to the appropriate line item for the project. The total budget for this project is $5,973.  This grant funds $2,985 and the Town will provide $2,988 in match.  Existing staff time will account for $1,688 of that match and in-kind donation of $170 for staff installation of the sign. The Town will be responsible for the remaining $1,130 in match costs.   Staff Recommendation: Staff recommends that the Town Manager be authorized to execute the grant agreement with Arizona Department of Forestry and Fire Management. Suggested Motion: I move to adopt Resolution 2019-090, authorizing the Town Manager to execute a grant agreement with the Arizona Department of Forestry and Fire Management for the El Rio Preserve Riparian Restoration Project Interpretive Signage. Attachments Resolution 2019-090 Approving the Tree Resource Grant Grant Agreement Marana Town Council Meeting 9/17/2019 Page 31 of 319 00065487.DOCX /1 Resolution No. 201 9-090 - 1 - MARANA RESOLUTION NO. 201 9-090 RELATING TO PARKS AND RECREATION; APPROV ING AND AUTHORIZING THE TOWN MANAGER TO EXECUTE A TREE RESOURCE ENHANCEMENT AND ENGAGEMENT PROGRAM GRANT AGREEMENT (NO. TREE 17-105) BETWEEN THE ARIZONA DEPARTMENT O F FORESTRY AND FIRE MANAGEMENT AND THE TOWN OF MARANA FOR GRANT FUNDING FOR THE EL RIO PRESERVE RIPARIAN RESTORATION PROJECT WHEREAS the Arizona Department of Forestry and Fire Management (“State Forestry”) is a primary recipient of grant funds provided by the USDA Forest Service to assist in the advanceme nt of forest resources management; forest insect and disease management, urban and community forestry, development and transfer of new and improved fire control technologies, organization of shared fire suppression resources, forestry resources planning, c onservation of forest land, and achievement of a number of other goals for the use and protection of forest lands ; and WHEREAS upon execution of a grant agreement, State Forestry will award grant funding to the Town of Marana to assist in financing interp retive signage at the El Rio Preserve; and WHEREAS the Mayor and Council of the Town of Marana find it is in the best interests of its citizens to enter into this grant agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, as follows: SECTION 1. Grant Agreement No. TREE 17-105 between the Arizona Department of Forestry and Fire Management and the Town of Marana attached to and incorporated by this reference in this resolution as Exhibit A is hereby approved, and the Town Manager is hereby authorized and directed to execute it for and on behalf of the Town of Marana. SECTION 2. The Town’s Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry ou t the terms, obligations, and objectives of the grant agreement . Marana Town Council Meeting 9/17/2019 Page 32 of 319 00065487.DOCX /1 Resolution No. 201 9-090 - 2 - PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 17th day of September, 2019. Mayor Ed Honea ATTEST: Cherry L. Lawson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Town Council Meeting 9/17/2019 Page 33 of 319 09.2017 Page 1 of 6 Arizona Department of Forestry and Fire Management Grant Agreement No. TREE 17-105 Tree Resource Enhancement and Engagement Program This grant agreement (“Agreement”) is entered into by and between the (“Grantee”) Arizona Department of Forestry and Fire Management (“State Forestry” or “State”) and (“Sub-grantee”), Town of Marana (DUNS #09-803-4143), pursuant to the Cooperative Forestry Assistance Act of 1978, Public Law 95-313, as amended; Food, Agriculture, Conservation, and Trade Act of 1990, as amended, Public Law 101-624. I. PURPOSE OF AGREEMENT State Forestry is a primary recipient of grant funds provided by the USDA Forest Service to assist in the advancement of forest resources management; forest insect and disease management, urban and community forestry, development and transfer of new and improved fire control technologies, organization of shared fire suppression resources, forestry resources planning, conservation of forest land, and achievement of a number of other goals for the use and protection of forest lands. This agreement is a sub-award of those federal grant funds authorized under Arizona Revised Statute 37-1302. Subaward of Federal Award # 17DG-11031600-073, dated 9/8/2017 The Catalog of Federal Domestic Assistance (CDFA) Number is 10.664, Cooperative Forestry Assistance, U.S. Department of Agriculture, Forest Service. II. SCOPE OF WORK Compensation is contingent upon Sub-grantee fulfilling the Scope of Work and project commitments as identified in the Grant Application (Attachment A) and as amended by the approved Detailed Project Plan (Attachment B). III. PROGRAMATIC CHANGES Sub-grantee shall obtain prior approval for any changes to the scope of objectives of the approved project, key personnel, or transfer of substantive programmatic work to another party. IV. TERM OF AGREEMENT This Agreement shall be effective immediately upon signature by all parties and will terminate on September 30, 2020 unless otherwise terminated or modified pursuant to the terms herein. V. COMPENSATION AND MATCHING INVESTMENT Grant funds may be utilized for up to 50% of the total cost of this program. A contribution by the Sub-grantee for an additional Cost Share Match of 50% of the total cost of the program is required (including contributions of third parties). Support documentation outlining project costs including cost share match is required. Compensation under this agreement shall be on a reimbursement basis, shall not exceed the total eligible costs of the project, and total compensation (federal portion) shall not exceed $2,985.00 Marana Town Council Meeting 9/17/2019 Page 34 of 319 09.2017 Page 2 of 6 Only costs for those project activities approved in (1) the initial award, or (2) approved modifications thereto, are allowable. All payments are contingent upon the availability of funds and reimbursement by the United States Department of Agriculture, Forest Service. Reimbursement payments will be made to the Sub-grantee normally within ninety days after receipt of the reimbursement request and required documentation. VI. ELIGIBLE COSTS Eligible costs must be incurred during the Term of the Agreement, conform with the General Provisions of this Grant Agreement (Attachment C) and all other provisions identified herein, and be submitted to State Forestry along with detailed supporting documentation. This is a reimbursable grant program. Support documentation must show dates and amounts of all expenses (See Attachment D). Purchase of Capital Equipment (equipment costing more than $5,000 per unit price) is NOT allowed under this agreement. This is an award of Federal financial assistance and is subject to the Office of Management and Budget (OMB) guidance in Subparts A through F of 2 CFR Part 200 as adopted and supplemented by the USDA in 2 CFR Part 400. All Federal and Sub-grantee matching/cost-share contributions are subject to applicable guidance. All project expenditures are subject to the Single Audit act of 1984 and payments shall adhere to the Federal Cash Management Improvement Act (CMIA). VII. ADMINISTRATIVE AND ACCOUNTING REQUIREMENTS It shall be the responsibility of the Sub-grantee to establish and document both accounting and administrative control procedures for their organization. Such procedures shall be followed to ensure grant funds are being tracked and spent in accordance with all applicable laws and within the terms of the grant agreement/award. Sub-grantee accepts full liability for resources administered through the grant. VIII. AUDIT REQUIREMENTS SINGLE AUDIT ACT OF 1984: All project expenditures are subject to the Single Audit act of 1984 and all relevant Office of Management and Budget (OMB) guidance including 2 CFR 200, Subpart F. Sub-grantees are subject to audit if their share of federal financial assistance is $750,000 or more for a single fiscal year. Federal financial assistance includes reimbursements under this award and all other financial assistance originating from any agency of the federal government during the Sub-grantee’s fiscal year. Sub- grantee will be required annually to report compliance with this requirement. ARS 35-181.03. Sub-grantee must also comply with applicable ARS 35-181.03 provisions for financial and compliance audits. In the event that an audit determines that unallowable costs have been charged to the grant and funds have been disbursed to the Sub-grantee, then the Sub-grantee accepts full liability and must pay back all costs incurred and deemed unallowable. Any audit involving a Federally-funded grant shall provide a copy of the audit report to the Federal Audit Clearinghouse within 30 days after receipt from auditor or nine months from the close of the sub-grantee’s fiscal year, whichever is earlier. Marana Town Council Meeting 9/17/2019 Page 35 of 319 09.2017 Page 3 of 6 IX. PROCUREMENT REQUIREMENTS All procurement activities shall be in compliance with State, Federal, and local laws including Office of Management and Budget (OMB) guidance in subparts A through F of 2 CFR Part 200, Subpart D as adopted and supplemented by the USDA in 2 CFR Part 400. All Sub-grantees are responsible for developing, documenting, and adhering to their own established procurement processes that include both administrative and accounting controls. X. REPORTING REQUIREMENTS Sub-grantee shall monitor the performance of the grant activities to ensure that performance goals are being achieved. Sub-grantee shall provide detailed grant/project accomplishments in quarterly reports to State Forestry no later than 30 days after the end of each calendar quarter, or as requested by State Forestry. Performance reports shall follow the format identified in Attachment E or as may be revised by State Forestry. Reports will contain information on the following: - A comparison of actual accomplishments to the goals established for the period and for the entire program or project. - Output of the project that can be readily expressed in numbers, such as acres of forest treatment, number of citizens served, or other similar activities. A computation of cost per unit of output may be required where applicable. - Reason(s) for delay if established goals were not met. - Additional pertinent information including, when appropriate, analysis and explanation of cost overruns or high unit costs. Financial/Reimbursement requests may be submitted quarterly or more often if necessary. Reimbursement requests shall follow the format as identified in Attachment E or as may be revised by State Forestry. Financial/Reimbursement requests may be held for processing until quarterly accomplishment/performance reports are current. A final accomplishment report with mapping, if required, and all financial/reimbursement requests and required documentation shall be provided at completion of the grant project, but no later than 30 days after end of grant term. All accomplishment and financial reports shall be submitted to the State Forestry contact as identified below in Section XII (NOTICES) Sub-grantee shall immediately notify State Forestry of developments that have a significant impact on the activities supported under this grant. Also, notification shall be given in case of problems, delays or adverse conditions that materially impair the ability to meet the objectives of the agreement. This notification shall include a statement of the action taken or contemplated, and any assistance needed to resolve the situation. Any change to the original grant application scope of work or approved detailed project plan must have prior written State approval. Incurring costs without prior written approval may result in loss of funds reimbursed. Marana Town Council Meeting 9/17/2019 Page 36 of 319 09.2017 Page 4 of 6 XI. PRINCIPAL CONTACTS. NOTE: Principal contact should be one contact person responsible for overseeing all elements of the grant project including but not limited to accounting, administrative and field portions of the project. Each party certifies that the individuals listed below are authorized to act in their respective areas for matters related to this instrument. Principal Sub-grantee Fiscal Contact: Kristin Taft Town of Marana 11555W. Civic Center Dr. Marana, AZ 85653 520-382-2679 ktaft@maranaaz.gov Principal Sub-grantee Programmatic Contact: Bob Stinson Town of Marana Parks and Recreation 13251 N. Lon Adams Marana, AZ 85653 520-382-1958 bstinson@maranaaz.gov Principal Arizona State Forestry Contact: Jon Orona Arizona Department of Forestry & Fire Management 1110 West Washington, Suite 100 Phoenix, AZ 85007 602-771-1407 jorona@dffm.az.gov XII. NOTICES Any and all reports, notices, requests or demands given or made upon the parties hereto, pursuant to or in connection with this Agreement, unless otherwise noted, shall be delivered in person or sent by United States Mail, postage prepaid, to the parties at their respective addresses as set forth immediately below: STATE FORESTRY John Richardson Program Manager Arizona Department of Forestry and Fire Management 1110 West Washington, Suite 100 Phoenix, AZ 85007 jrichardson@dffm.az.gov SUB-GRANTEE Kristin Taft Grants Manager Town of Marana 11555W. Civic Center Dr. Marana, AZ 85653 ktaft@maranaaz.gov Marana Town Council Meeting 9/17/2019 Page 37 of 319 09.2017 Page 5 of 6 XIII. AWARD CLOSEOUT Sub-grantee shall close out the grant within 30 days after expiration or notice of termination. If this award is closed out without audit, Arizona State Forestry and the U.S. Forest Service reserve the right to disallow and recover an appropriate amount after fully considering any recommended disallowances resulting from an audit which may be conducted later. XIV. AUTHORITY Sub-grantee shall have the legal authority to enter into this agreement, and shall have the institutional, managerial, and financial capability to ensure proper planning, management, accounting and completion of the project, which includes funds sufficient to pay the nonfederal share of project costs, when applicable. XV. ATTACHMENTS The following Attachments are part of this Agreement: A. Project Application B. Detailed Project Plan C. General Provisions D. Documentation of Expenses E. Quarterly Report and Invoice Format Additional Certifications (require separate signatures): AD1048 - USDA Form AD-1048 Debarment Certification Lobbying - USDA Lobbying Certification Marana Town Council Meeting 9/17/2019 Page 38 of 319 09.2017 Page 6 of 6 XVI. IN WITNESS WHEREOF, the parties agree to execute this agreement as of the last date written below. STATE FORESTRY Arizona Department of Forestry and Fire Management. 1110 West Washington, Suite 100 Phoenix, AZ 85007 ACCEPTED BY SUB-GRANTEE Town of Marana 11555W. Civic Center Dr. Marana, AZ 85653 _________________________________ ________________________________ Signature Signature Arizona State Forester ________________________________ Print or Type Name Date: ____________________________ Date:____________________________ ____________________________ ____________________________ Date: _______________________ Marana Town Council Meeting 9/17/2019 Page 39 of 319 ATTACHMENT A Project Application (Cover Sheet) Marana Town Council Meeting 9/17/2019 Page 40 of 319 Marana Town Council Meeting 9/17/2019 Page 41 of 319 Marana Town Council Meeting 9/17/2019 Page 42 of 319 Marana Town Council Meeting 9/17/2019 Page 43 of 319 Marana Town Council Meeting 9/17/2019 Page 44 of 319 Marana Town Council Meeting 9/17/2019 Page 45 of 319 Marana Town Council Meeting 9/17/2019 Page 46 of 319 Marana Town Council Meeting 9/17/2019 Page 47 of 319 ATTACHMENT B (Cover Sheet) Detailed Project Plan – Subject to State Approval (Include specific planned accomplishments, detailed project budget, and time line) Marana Town Council Meeting 9/17/2019 Page 48 of 319 1 BUDGET PROPOSAL FORM T.R.E.E. Grant Program Applicant Name: Town of Marana Project Title: El Rio Interpretive Signage MATCH Item Grant Share Direct Expenses or Cash Purchases Applicant Direct Expenses or Cash Purchases Applicant In-kind Personnel Services: Volunteer and Staff Hours Applicant In-kind Donated: Services, Supplies, or Equipment use Total Administration (Project-allocable general overhead costs) Personnel (Project- related Labor, both staff and volunteer time, fringe benefits) Staff Hours: $1688 $1688 Contractual Services (consultants, landscape architects, arborists, engineers, etc.) Graphic Design Services: $1870 Graphic Design Services: $730 $2600 Supplies (itemize as necessary – plant materials, printing costs, postage, etc.) Sign Materials: $1115 Sign Installation: $170 $1115 Other: Grantee Showcase: $400 TOTAL: $2985 $1130 $1688 $170 $5973 This form is for the summary of your budget information. A budget narrative (1-page maximum) that includes a detailed list of expenditures should be provided on an additional page if necessary. Grant Number: TREE17105 Marana Town Council Meeting 9/17/2019 Page 49 of 319 Revised Timeline and Measurable Objectives for FY20-21 Urban & Community Forestry Grants (CCG, TREE, WCG) Project Title: El Rio Interpretive Signage Name of Applicant: Town of Marana Grant Number: TREE17105 Revised Timeline Quarter Tasks Completed Quarter 1 July 1st- September 30th (FY20) (Vendor Coordination) - Plan A: Select Vendor or Plan B: Start PO process (dependent on contracted purchase amount) -Plan A: Contact vendors (2-3 calls, 6 emails) -Plan B: collect 3 quotes for PO (2-3 calls, 6 emails) -Prepare topics/direction/docs for researcher & graphic designer (1-2 phone calls, 2-3 emails) -Finalize/purchase services (2 calls) Quarter 2 October 1st- December 31st (FY20) (Preliminary Production) -Create a finalized timeline with graphic designer -Have 3-4 phone conversations with graphic designer -Receive Proof 1 back Quarter 3 January 1st- March 31st (FY20) Stakeholder review: proof read, verify information, review pictures, and recommend edits -Internal Parks Management Review: 1-2 meetings (pre stakeholder meeting and post stakeholder meeting) -External stakeholder meeting(s): contact 3-5 organizations for feedback -Submit for final designs Quarter 4 April 1st- June 30th (FY20) -Order Infrastructure (approx. 4 weeks) -Install panel at El Rio Preserve  Quarter 5 July 1st- September 30th (FY21) -Attend Forestry Grant Showcase (public presentation) -Grant Reimbursement Form -Contact John about grant finalization documents and closeout List of Anticipated Outcomes/Measurable Objectives  Anticipated project outcomes/deliverables: o Plan A: Select Vendor or Plan B: Start PO process (dependent on contracted purchase amount)  Plan A: Contact vendors (2-3 calls, 6 emails)  Plan B: collect 3 quotes for PO (2-3 calls, 6 emails) o Prepare topics/direction/docs for researcher & graphic designer (1-2 phone calls, 2-3 emails) o Finalize/purchase services (2 calls) o Create a finalized timeline with graphic designer o Have 3-4 phone conversations with graphic designer o Receive Proof 1 back o Stakeholder review: proof read, verify information, review pictures, and recommend edits o Internal Parks Management Review: 1-2 meetings (pre stakeholder meeting and post stakeholder meeting) o External stakeholder meeting(s): contact 3-5 organizations for feedback o Submit for final designs o Order Infrastructure (approx. 4 weeks) o Install panel at El Rio Preserve o Attend Forestry Grant Showcase (public presentation) o Grant Reimbursement Form o Contact John about grant finalization documents and closeout Marana Town Council Meeting 9/17/2019 Page 50 of 319 ATTACHMENT C Page 1 of 7 08.2015 ATTACHMENT C General Provisions COVENANT AGAINST CONTINGENT FEES The Sub-grantee warrants that it has not employed or retained any company or person, other than a bona fide employee working for the Sub-grantee, to solicit or secure this agreement, and that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of this agreement. For breach or violation of this warranty, the State shall have the right to annul this agreement without liability, or, in its discretion to deduct from the agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. MODIFICATIONS Modifications within the scope of this award shall only be made by mutual consent of both parties, by issuance of a written amendment signed and dated by all properly authorized signatory officials prior to any changes being performed. Requests for modification shall be made, in writing, at least thirty (30) days prior to the implementation of the requested change. Any change to the original grant application scope of work or approved detailed project plan must have prior written State approval. Incurring costs without prior written approval may result in loss of funds reimbursed. EXTENSIONS Timely completion of this project is required. If this agreement is extended by mutual written consent of the parties, all terms, conditions and provisions of the original agreement shall remain in full force and effect and apply during any extension period. Any extension of time granted shall not constitute or operate as a waiver by the State of any of its rights herein. Extensions will only be considered and/or made if the Sub-grantee has demonstrated reasonable efforts to complete the grant project as defined in the original detailed project plan and has a clear and specific plan for completion of the project within the extended time period. RESPONSIBILITY FOR CLAIMS AND LIABILITIES The Sub-grantee agrees to assume all risk of loss to indemnify and hold the State, its officers, agents and employees, harmless from and against any and all liabilities, demands, claims, suites, losses, damages causes or action, fines or judgments, including costs, attorney’s and witnesses’ fees and expenses incident thereto, for injuries or death to persons and for loss of, damage to, theft of or destruction of any property including loss of use thereof arising out of or in connection with the performance of duties required by agreement, all whether or not authorized or agreed to by Sub-grantee. RETENTION OF RECORDS The Sub-grantee and any subcontractor shall maintain and store all documents, papers, accounting records; other evidence pertaining to costs incurred for this work, and shall make all such materials available at any reasonable time during the term of work and for five (5) years from the date of final payment to the Sub-grantee. The Sub-grantee may be required to provide such records as necessary to any auditing agent. Inability to provide such records may result in unallowable costs to the grant and any funds disbursed to the Sub-grantee may have to be paid back to the State and/or Federal government. COMPLIANCE WITH ARIZONA EXECUTIVE ORDERS 75-5 and 2009-09 The Sub-grantee shall comply with Arizona Executive Order 75-5 and as amended by Arizona Executive Order 2009-09 relating to non-discrimination in employment by government contractors and subcontractors. These regulations are herein incorporated by reference and made a part of this agreement. Marana Town Council Meeting 9/17/2019 Page 51 of 319 ATTACHMENT C Page 2 of 7 08.2015 ADMINISTRATIVE AND ACCOUNTING REQUIREMENTS It is the Sub-grantee’s responsibility to develop, document, administer and manage the grant in accordance with all applicable Federal and State laws. Sub-grantee is subject to the OMB requirements and guidance in subparts A through F of 2 CFR 200 as adopted and supplemented by USDA in 2 CFR part 400. CFR (Code of Federal Regulations) – http://www.ecfr.gov. If grantee needs assistance in obtaining any of these documents in electronic or printed form, please contact your Arizona State Forestry representative. If any program income is generated as a result of this grant/agreement, the income earned during the term of this agreement shall be applied using the deductive method as described in 2 CFR 200.307 ; the deductive alternative is the preferred method, unless specifically authorized by the Signatory Official. Costs incident to the generation of program income may be deducted from gross income to determine program income provided these costs have not been charged to the award/agreement and they comply with the applicable Cost Principles. FREEDOM OF INFORMATION ACT Public access to grant or agreement records shall not be limited, except when such records must be kept confidential and would have been exempted from disclosure pursuant to “Freedom of Information” regulations (5 U.S.C. 552). MEMBERS OF U.S. CONGRESS Pursuant to 41 U.S.C. 22, no United States member of, or United States delegate to, Congress shall be admitted to any share or part of this award, or benefit that may arise there from, either directly or indirectly. TERMINATION FOR CONVENIENCE The Office of the State Forester, by written notice, may terminate this contract, in whole or in part, when it is deemed in the best interest of the State. If this agreement is so terminated, Sub-grantee will be compensated for work performed up to the time of the termination notification. In no event shall payment for such costs exceed the current grant amount. TERMINATION BY MUTUAL AGREEMENT This award may be terminated, in whole or part, as follows:  When the State and Sub-grantee agree upon the termination conditions, including the effective date and, in the case of partial termination, the portion to be terminated.  By thirty (30) days written notification by the Sub-grantee to the State setting forth the reasons of termination, effective date, and in the case of partial termination, the portion to be terminated.  If, in the case of a partial termination, the State determines that the remaining portion of the award will not accomplish the purpose for which the award was made, the State may terminate the award in its entirety. Upon termination of an award, the Sub-grantee shall not incur any new obligations for the terminated portion of the award after the effective date, and shall cancel as many outstanding obligations as possible. The State shall allow full credit to the Sub-grantee for the United States Federal share of the non- cancelable obligations properly incurred by the Sub-grantee up to the effective date of termination. Excess funds shall be refunded within sixty (60) days after the effective date of termination. Marana Town Council Meeting 9/17/2019 Page 52 of 319 ATTACHMENT C Page 3 of 7 08.2015 CANCELLATION FOR CONFLICT OF INTEREST Pursuant to A.R.S. §38-511, the state, its political subdivisions or any department or agency of either may, within three years after its execution, cancel any contract, without penalty or further obligation, made by the state, its political subdivisions, or any of the departments or agencies of either if any person significantly involved in initiating, negotiating, securing, drafting or creating the contract on behalf of the state, its political subdivisions or any of the departments or agencies of either is, at any time while the contract or any extension of the contract is in effect, an employee or agent of any other party to the contract in any capacity or a consultant to any other party of the contract with respect to the subject matter of the contract. FEDERAL IMMIGRATION AND NATIONALITY ACT By entering into the Agreement, the Sub-grantee warrants compliance with the Federal Immigration and Nationality Act (FINA) and all other Federal immigration laws and regulations related to the immigration status of its employees. The Sub-grantee shall obtain statements from its contractors certifying compliance and shall furnish the statements to the Procurement Officer upon request. These warranties shall remain in effect through the term of the Contract. The Contractor and its subcontractors shall also maintain Employment Eligibility Verification forms (I-9) as required by the U.S. Department of Labor's Immigration and Control Act, for all employees performing work under the Grant. I-9 forms are available for download at USCIS.GOV. The State may request verification of compliance for any Sub-grantee, contractor or subcontractor performing work under the Grant. Should the State suspect or find that the Sub-grantee or any of its contractors are not in compliance, the State may pursue any and all remedies allowed by law, including, but not limited to: suspension of work, termination of the Agreement for default, and suspension and/or debarment of the Sub-grantee or Contractor. All costs necessary to verify compliance are the responsibility of the Sub-grantee. The parties agree to comply with A.R.S. §41-4401, the provisions of which are hereby incorporated. ARBITRATION To the extent required by A.R.S. §12-1518, the parties agree to use arbitration, after exhausting applicable administrative review, to resolve disputes arising out of this agreement. ANTITRUST VIOLATIONS The Sub-grantee and the State recognize that in actual economic practice overcharges resulting from antitrust violations are in fact borne by the purchaser or ultimate user. Therefore, Sub-grantee acting as a vendor, hereby assigns to State any and all claims for such overcharges. SUSPENSION OR DEBARMENT Submittal of an offer or execution of a contract shall attest that the sub-grantee or contractor is not currently suspended or debarred. If the Sub-grantee or any of its contractors become suspended or debarred, the Sub-grantee shall immediately notify the State. The State may, by written notice to the Sub- grantee, immediately terminate this Agreement if the State determines that the Sub-grantee or their contractors have been debarred, suspended or otherwise lawfully prohibited from participating in any public procurement activity, including but not limited to, being disapproved as a subcontractor of any public procurement unit or other governmental body. CONTRACTS AND SUBAWARDS TO DEBARRED AND SUSPENDED PARTIES Pursuant to Code of Federal Regulations 2 CFR part 180, grantees and sub grantees must not make an award or permit any award (subgrant or contract) at any tier to any party which is debarred or suspended or is otherwise excluded from or ineligible for participation in Federal assistance programs under Executive Order 12549, “Debarment and Suspension”. By entering into this agreement sub-grantee agrees to comply with all relevant codes including 2 CFR part 180, subpart C, “Responsibilities of Participants Marana Town Council Meeting 9/17/2019 Page 53 of 319 ATTACHMENT C Page 4 of 7 08.2015 Regarding Transactions”. When entering into a covered transaction with another person at the next lower tier, sub-grantee must verify that the person with whom you intend to do business is not excluded or disqualified. You do this by: (a) Checking the SAM Exclusions: System for Award Management (SAM) – www.sam.gov (b) Collecting a certification from that person (c) Adding a clause or condition to the covered transaction with that person. TITLE VI of CIVIL RIGHTS ACT of 1964 Sub-grantee agrees to comply with Title VI of the Civil Rights Act of 1964 (P.L. 88-352, 42 U.S.C. 200d). In accordance with Title VI of that Act, no person in the United States shall, on the grounds of race, color or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the applicant receives Federal financial assistance and Sub-grantee will immediately take any measures necessary to effectuate this agreement. UNIVERSAL IDENTIFIER AND SYSTEM FOR AWARD MANAGEMENT REGISTRATION REQUIREMENT (SAM) Sub-grantee agrees to provide a DUNS number to State Forestry prior to award, and to maintain all related information through the full term of this agreement. A Data Universal Numbering System (DUNS) Number is a nine-digit number established and assigned by Dun and Bradstreet, Inc. (D&B) to uniquely identify business entities. A DUNS number may be obtained from D&B by telephone (currently 866-705-5711) or the Internet (currently at http://fedgov.dnb.com/webform ). Sub-grantee shall maintain current information in the System for Award Management (SAM) until receipt of final payment. This requires review and update to the information at least annually after the initial registration, and more frequently if required by changes in information or award term(s). For purposes of this award, System for Award Management (SAM) means the Federal repository into which an entity must provide information required for the conduct of business as a Cooperative. Additional information about registration procedures may be found at the SAM Internet site at www.sam.gov . PUBLICATION REQUIREMENTS A. ACKNOWLEDGEMENT IN PUBLICATIONS. Sub-grantee shall acknowledge Arizona Department of Forestry and Fire Management and U.S. Forest Service support in any publications, audiovisuals, and electronic media developed as a result of this award, per 2 CFR 415.2. B. NONDISCRIMINATION STATEMENT IN PUBLICATIONS. Sub-grantee shall include the following statement, in full, in any printed, audiovisual material, or electronic media for public distribution developed or printed with any Federal funding. "In accordance with Federal law and U.S. Department of Agriculture policy, this institution is prohibited from discriminating on the basis of race, color, national origin, sex, age, or disability. (Not all prohibited basis apply to all programs.) To file a complaint of discrimination, write USDA, director, Office of Civil Rights, Room 326-W, Whitten Building, 1400 Independence Avenue, SW, Washington, DC 20250-9410 or call (202) 720- 5964 (voice and TDD). USDA is an equal opportunity provider and employer.” If the material is too small to permit the full statement to be included, the material must, at minimum, include the following statement, in print size no smaller than the text: "This institution is an equal opportunity provider.” Marana Town Council Meeting 9/17/2019 Page 54 of 319 ATTACHMENT C Page 5 of 7 08.2015 C. COPYRIGHTS. No original text or graphics produced and submitted by the U.S. Forest Service shall be copyrighted. The U.S. Forest Service reserves a royalty-free, nonexclusive, and irrevocable right to reproduce, publish, or otherwise use, and to authorize others to use the work for federal government purposes. This right shall be transferred to any sub agreements or subcontracts. This provision includes the copyright in any work developed by Sub-grantee under this agreement. And any right of copyright to which Sub-grantee purchases ownership with any federal contributions. REPORTING OF SUBRECIPIENT EXECUTIVES Unless exempt from this requirement of 2CFR 170, Sub-grantee agrees to report the names and total compensation of each of the sub-grantee’s five most highly compensated executives for the sub-grantee’s preceding completed fiscal year if: 1. in the sub-grantee’s preceding fiscal year, the sub-grantee received— (A) 80 percent or more of its annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2CFR 170.320 (and subawards); and (B) $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts), and Federal financial assistance subject to the Transparency Act (and subawards); and 2. The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. TRAFFICKING IN PERSONS. Section 106 of the Trafficking Victims Protection Act of 2000 (TVPA), as amended (22 U.S.C. 7104(g)), include provisions applicable to federal support recipients. By entering into this agreement, you agree to terms set forth in the primary award from the US Forest Service as documented below. This Agreement may be unilaterally terminated, without penalty, if a subrecipient is determined to have violated an applicable prohibition in this award term. (See 22 U.S.C. 7104 and 2CFR175 for more details) A. Provisions applicable to a Recipient that is a private entity. 1. You as the Recipient, your employees, subrecipients under this award, and subrecipients' employees may not- (i) Engage in severe forms of trafficking in persons during the period of time that the award is in effect; (ii) Procure a commercial sex act during the period of time that the award is in effect; or (iii) Use forced labor in the performance of the award or subawards under the award. 2. This award may be unilaterally terminated, without penalty, if you or a subrecipient that is a private entity - (i) Is determined to have violated a prohibition in paragraph A.1 of this award term; or (ii) Has an employee who is determined by the agency official authorized to terminate the award to have violated a prohibition in paragraph A.1 of this award term through conduct that is either- Marana Town Council Meeting 9/17/2019 Page 55 of 319 ATTACHMENT C Page 6 of 7 08.2015 a. Associated with performance under this award; or b. Imputed to you or the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR part 180, "OMB Guidelines to Agencies on Government wide Debarment and Suspension (Nonprocurement)". B. Provision applicable to a recipient other than a private entity. This award may be unilaterally terminated, without penalty, if a subrecipient: 1. Is determined to have violated an applicable prohibition in paragraph A.1 of this award term; or 2. Has an employee who is determined by the agency official authorized to terminate the award to have violated an applicable prohibition in paragraph A.1 of this award term through conduct that is either- (i) Associated with performance under this award; or (ii) Imputed to the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR part 180, "OMB Guidelines to Agencies on Government wide Debarment and Suspension (Nonprocurement)." C. Provisions applicable to any recipient. 1. You must inform us immediately of any information you receive from any source alleging a violation of a prohibition in paragraph A.1 of this award term. 2. Our right to terminate unilaterally that is described in paragraph A.2 or B of this section: (1) Implements section I06(g) of the Trafficking Victims Protection Act of 2000 (TVPA), as amended (22 U.S.C. 7104(g)), and (2) Is in addition to all other remedies for noncompliance that are available to us under this award. 3. You must include the requirements of paragraph A1 of this award term in any subaward you make to a private entity. D. Definitions. For purposes of this award term: 1. "Employee" means either: (1) An individual employed by you or a subrecipient who is engaged in the performance of the project or program under this award; or (2) Another person engaged in the performance of the project or program under this award and not compensated by you including, but not limited to, a volunteer or individual whose services are contributed by a third party as an in-kind contribution toward cost sharing or matching requirements. 2. "Forced labor" means labor obtained by any of the following methods: the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery. 3. "Private entity": (1) Means any entity other than a State, local government, Indian tribe, or foreign public entity, as those terms are defined in 2 CFR 175.25. (2) Includes: Marana Town Council Meeting 9/17/2019 Page 56 of 319 ATTACHMENT C Page 7 of 7 08.2015 i. A nonprofit organization, including any nonprofit institution of higher education, hospital, or tribal organization other than one included in the definition of Indian tribe at 2 CFR 175.25(b). ii. A for-profit organization. 4. "Severe forms of trafficking in persons," "commercial sex act," and "coercion" have the meanings given at section 103 of the TVPA, as amended (22 U.S.C. 7102). DRUG-FREE WORKPLACE Compliance with the Drug-Free Workplace Act of 1988 (Public Law 100-690, Title V, Subtitle D, as amended) requires that all organizations receiving grants from any federal agency agree to maintain a drug-free workplace. INVALIDITY OF PART OF THIS AGREEMENT The parties agree that should any part of this AGREEMENT be held to be invalid or void, the remainder of the AGREEMENT shall remain in full force and effect and shall be binding upon the parties. COUNTERPARTS This AGREEMENT may be executed in any number of duplicate originals, photocopies or facsimiles, all of which (once each party has executed at least one such duplicate original, photocopy, or facsimile) will constitute one and the same document. INTERPRETATION This AGREEMENT is not to be construed or interpreted for or against either of the parties on the grounds of sole or primary authorship or draftsmanship. PARAGRAPH HEADINGS The paragraph headings in this AGREEMENT are for convenience of reference only and do not define, limit, enlarge, or otherwise affect the scope, construction, or interpretation of this AGREEMENT or any of its provisions. GOVERNING LAW This AGREEMENT is made under, and is to be construed in accordance with, the laws of the State of Arizona. ENTIRE AGREEMENT This AGREEMENT contains the entire agreement and understanding of the parties hereto. There are no representations or provisions other than those contained herein, and this AGREEMENT supersedes all prior agreements between the parties, whether written or oral, pertaining to the same subject matter of this AGREEMENT. Marana Town Council Meeting 9/17/2019 Page 57 of 319 ATTACHMENT D Grant Reimbursement and Documentation Requirements ATTACHMENT D Page 1 of 3 DFFM 01.2019 Arizona Department of Forestry and Fire Management grants are federally funded and are based on reimbursement for actual costs incurred. Sub-grantees are typically required to provide a portion of the total project cost as MATCH contribution to show local investment in the project or program. Match investment must not originate from a federal source and cannot be used as a match for any other federal cost-share program. Specific match amount is identified in each grant agreement. All costs and match should conform to the approved project plan and budget contained in the grant agreement – and all reimbursements are subject to Arizona State Forestry approval. All project expenses must meet the applicable Cost Principles (2CFR200, subpart E) Only project expenses incurred during the term of the signed grant agreement are eligible. (See Term of Agreement) All documentation submitted for reimbursement must have the correct project name and/or State Forestry grant number, date work was completed, and proof of payment from the Sub-grantee. All reimbursements to Sub-grantees shall be calculated from the “Grant Reimbursement Form”. By signing the form, the Sub-grantee assumes full and implied responsibility for all grant costs incurred and submitted on the form. By signature, the Sub-grantee accepts full liability that the work and costs incurred were in accordance with the agreed scope of work and/or approved detailed project plan and in accordance with all applicable Federal and State laws. By signing the “Grant Reimbursement Form”, the Sub-grantee is claiming that costs were incurred following the established procurement process for its own organization and that their process is documented, administered and managed with the correct accounting and administrative procedures and is in accordance with all applicable Federal and State laws. ________________________________________________________________________ INELIGIBLE COSTS – Any expenses submitted for reimbursement that are not properly documented shall not qualify for reimbursement. It shall be the Sub-grantee’s sole responsibility to submit the required and accurate support documentation for all project costs. In the event an audit determines that ineligible costs were charged to the project, the Sub-grantee accepts full liability for such costs. - Expenses not included in an approved project plan or are unnecessary for the completion of the project are ineligible for reimbursement or as match. - NO FOOD or BEVERAGE purchases or donations are eligible for reimbursement or as match, unless included in the project plan as budgeted travel costs, and pre-approved by State. - NO purchase of equipment or supplies for individuals are eligible for reimbursement or as match. (though purchase of supplies and small equipment by the Sub-grantee organizations for ongoing community use may be eligible) - Poorly documented match or volunteer hours with insufficient support documentation will not count towards the required match. It is the Sub-grantees responsibility to keep all project/grant records pertaining to matching requirements. In the event an audit determines that ineligible match was credited to the project, the Sub-grantee accepts full liability for such costs Marana Town Council Meeting 9/17/2019 Page 58 of 319 ATTACHMENT D Grant Reimbursement and Documentation Requirements ATTACHMENT D Page 2 of 3 DFFM 01.2019 REIMBURSABLE PROJECT EXPENSES – are direct, out-of-pocket expenditures for eligible project activities that are supported by paid invoices, cancelled checks, signed receipts, or official payroll records. Examples include: Labor- may include paid staff, contracted labor, or documented reimbursement from Sub-grantee to others for services. Related expenses such as employee benefits or required travel costs are also eligible if properly documented. - All staff/labor hours must be accompanied by an employee time sheet detailing the hours worked on the grant project. The time sheet must clearly have the State grant ID number, an employee signature, and the dates work hours were contributed towards the grant. A supervisor’s approval signature should also be included. Note, for auditing purposes, an auditor will most likely want to see all hours worked in addition to those charged to the grant. - Required documentation can include payment receipts, timesheets, payroll records, job sheets, cancelled checks, or signed letters detailing paid staff time, dates, and services or work provided. Supplies - may include operating supplies, office supplies, and small equipment purchased by the Sub-grantee and necessary for the completion of the project. - Required documentation can include payment receipts, cancelled checks, or official accounting records detailing expenses and goods and service provided. Equipment Purchases (small) – small equipment necessary for the completion of the project may be purchased by the Sub-grantee organization if included in the approved project plan and budget. Purchases of equipment or supplies for individuals is not eligible. Purchase of necessary equipment totaling less than $5,000 will be considered as supplies (above). - Required documentation will include purchase receipts detailing costs and equipment details. Equipment Purchases (large) - Any single piece of capital equipment costing more than $5,000 must be included in the original project plan and preapproved. Because funding originates from the federal government, they may retain an ongoing vested ownership in the equipment. Additional details will be provided for approved purchases. If an audit determines that excessive equipment was purchased, the Sub-grantee accepts full liability for cost reimbursement back to the State/Federal government. Please limit your liability by purchasing only items listed in the original grant application and detailed project plan. Please only purchase what is necessary to complete the specific grant/project approved. - Required documentation will include purchase receipts detailing costs and equipment details. Equipment Rental – Rental of equipment necessary for completion of the project may be reimbursed if included in the approved project plan and budget. - Required documentation will include rental receipts detailing costs, dates of use, and equipment details. Contracted Services – Contracting for services from outside organizations or businesses is permitted if included in the approved project plan and budget. Such services could include contracted fuels crews, arborists, trucking, waste disposal, and other costs. - Required documentation will include receipts detailing costs, dates and details of services provided. Equipment Operating Costs - Operating costs for owned, rented, or donated equipment may be permitted if included in the project plan and properly documented. Methods for cost determination must be specifically documented and approved. Use of Sub-grantee owned equipment may be charged to the grant if prior approval is granted. A Sub-grantee may submit a rate agreement that is typical of rate charges established for all agencies utilizing the equipment including their own. Under no circumstances shall the grant be charged for use of equipment purchased with Federal funds, beyond operating costs. - Required documentation can include receipts detailing costs, dates and details of equipment usage, payment receipts, mileage logs, shift tickets, etc. Any operating costs that are not paid for directly and do not have corresponding payment receipts, must be specifically documented as to method of cost determination. Marana Town Council Meeting 9/17/2019 Page 59 of 319 ATTACHMENT D Grant Reimbursement and Documentation Requirements ATTACHMENT D Page 3 of 3 DFFM 01.2019 ELIGIBLE MATCH – All grants require some level of MATCH investment from the Sub-grantee organization. Matching investment may only be included if goods or services are provided or paid for during the term of the agreement and are necessary for the completion of the project. The matching investment may be in the form of cash and/or in-kind contributions. The Sub-grantee share (match) cannot originate from a federal source and must not be used as a match for any other federal cost-share program. As with reimbursable costs, eligible match expenses only include those that are reasonable and necessary for the completion of the grant-funded program or project and must meet the applicable Cost Principles (2CFR200, subpart E) Matching investments will not be directly reimbursed. Examples of possible match include: Cash - Matching investment can include actual costs as documented above. - Required documentation will include payment receipts, cancelled checks, or official accounting records detailing expenses and related goods and service provided. In-kind Contributions - include on-hand supplies, third party donations of supplies or equipment, the value of professional services provided at the professional rate, or time spent by employees on eligible project activities. - An in-kind contribution of goods or services from another business or organization may be counted as community match with proper documentation. This typically consists of a letter on the donating organization’s letterhead, signed by the proper person and showing the amount and type of donation. Property or use thereof shall be assigned a fair market value per applicable federal Cost Principles and should include a letter of documentation from the donating party. Volunteer - Volunteer labor hours shall conform to standard documented operating procedures for the Sub-grantee organization with established pay rates. - Required documentation for volunteers will include signed time logs/sign-in sheets with volunteer name, date, time, place, and type of volunteer service provided. Volunteer time may be valued at the local market rate for equivalent work (children at minimum wage). Hourly rates exceeding $20 per hour will require specific support documentation for justification and approval. If you use consultants, forestry professionals, planners, etc., who donate their professional services, appropriate hourly rates may be documented in a letter from the individual or their organization. Marana Town Council Meeting 9/17/2019 Page 60 of 319 Arizona Department of Forestry  ‐ Attachment E.1    Marana Town Council Meeting 9/17/2019 Page 61 of 319 Arizona Department of Forestry  ‐ Attachment E.1    Marana Town Council Meeting 9/17/2019 Page 62 of 319 Arizona Department of Forestry  ‐ Attachment E.2    Marana Town Council Meeting 9/17/2019 Page 63 of 319 This form is available electronically. Form Approved –OMB No. 0505-0027 Expiration Date: 12/31/2018 Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions The following statement is made in accordance with the Privacy Act of 1974 (5 U.S.C. § 552(a), as amended).This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, and 2 C.F.R. §§ 180.300, 180.355, Participants' responsibilities. The regulations were amended and published on August 31, 2005, in 70 Fed. Reg. 51865-51880. Copies of the regulations may be obtained by contacting the Department of Agriculture agency offering the proposed covered transaction. According to the Paperwork Reduction Act of 1995 an agency may not conduct or sponsor, and a person is not required to respond to a collection of information unless it displays a valid OMB control number. The valid OMB control number for this information collection is 0505-0027. The time required to complete this information collection is estimated to average 15 minutes per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. The provisions of appropriate criminal and civil fraud privacy, and other statutes may be applicable to the information provided. (Read Instructions On Page Two Before Completing Certification) A.The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency; B.Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. ORGANIZATION NAME PR/AWARD NUMBER OR PROJECT NAME NAME(S) AND TITLE(S) OF AUTHORIZED REPRESENTATIVE(S) SIGNATURE(S)DATE The U.S. Department of Agriculture (USDA) prohibits discrimination in all of its programs and activities on the basis of race, color, national origin, age, disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, political beliefs, genetic information, reprisal, or because all or part of an individual’s income is derived from any public assistance program. (Not all prohibited bases apply to all programs). Persons with disabilities who require alternative means for communication of program information (Braille, large print, audiotape, etc.) should contact USDA’s TARGET Center at (202) 720-2600 (voice and TDD). To file a complaint of discrimination, write to USDA, Assistant Secretary for Civil Rights, Office of the Assistant Secretary for Civil Rights, 1400 Independence Avenue, S.W., Stop 9410, Washington, DC 20250-9410, or call toll-free at (866) 632-9992 (English) or (800) 877-8339 (TDD) or (866) 377-8642 (English Federal-relay) or (800) 845-6136 (Spanish Federal-relay). USDA is an equal opportunity provider and employer. United States Department of Agriculture AD 1048 Marana Town Council Meeting 9/17/2019 Page 64 of 319 Instructions for Certification (1)By signing and submitting this form, the prospective lower tier participant is providing the certification set out on page 1 in accordance with these instructions. (2)The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment. (3)The prospective lower tier participant shall provide immediate written notice to the person(s) to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. (4)The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549, at 2 C.F.R. Parts 180 and 417. You ma y contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations. (5)The prospective lower tier participant agrees by submitting this form that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. (6)The prospective lower tier participant further agrees by submitting this form that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. (7)A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the System for Award Management (SAM) database. (8)Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not r equired to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. (9)Except for transactions authorized under paragraph (5) of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. Form AD-1048 (REV 12/15) Page 2 of 2 Marana Town Council Meeting 9/17/2019 Page 65 of 319 USDA, Forest Service OMB 0596-0217 FS 1500-35 Revised 11-25-2013 CERTIFICATION REGARDING LOBBYING Lobbying The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, 'Disclosure Form to Report Lobbying.' in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above applic able certification. SIGNATURE APPLICANT’S SIGNATURE (BY) TITLE/RELATIONSHIP OF THE INDIVIDUAL IF SIGNING IN A REPRESENTATIVE CAPACITY DATE SIGNED (MM-DD-YYYY) Applicants should also review the instructions for certification included in the regulations before completing this form. Signature on this form provides for compliance with certification requirements under 4 CFR Part 418 Appendix A, Certification Regarding Lobbying.The certifications shall be treated as a material representation of fact upon which reliance will be placed when the U.S. Forest Service determines to award the covered transaction, grant, or cooperative agreement. Marana Town Council Meeting 9/17/2019 Page 66 of 319 USDA, Forest Service OMB 0596-0217 FS 1500-35 Revised 11-25-2013 Burden Statement According to the Paperwork Reduction Act of 1995, an agency may not conduct or sponsor, and a person is not required to respond to a collection of information unless it displays a valid OMB control number. The valid OMB control number for this information collection is 0596-0217. The time required to complete this information collection is estimated to average 9 minutes per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or part of an individual’s income is derived from any public assistance. (Not all prohibited bases apply to all programs.) Persons with disabilities who require alternative means for communication of program information (Braille, large print, audiotape, etc.) should contact USDA’s TARGET Center at 202-720-2600 (voice and TDD). To file a complaint of discrimination, write USDA, Director, Office of Civil Rights, 1400 Independence Avenue, SW, Washington, DC 20250-9410 or call toll free (866) 632-9992 (voice). TDD users can contact USDA through local relay or the Federal relay at (800) 877-8339 (TDD) or (866) 377- 8642 (relay voice). USDA is an equal opportunity provider and employer. Marana Town Council Meeting 9/17/2019 Page 67 of 319    Council-Regular Meeting   C4        Meeting Date:09/17/2019   To:Mayor and Council Submitted For:Kristin Taft, Grants Manager From:Kristin Taft, Grants Manager Date:September 17, 2019 Strategic Plan Focus Area: Community Strategic Plan Focus Area Additional Info: Approach citizen engagement in unique and creative ways: Increase external funding through grants and other funding sources. Subject:Resolution No. 2019-091: Relating to Police Department; approving and authorizing the Chief of Police and the Town Manager to execute GOHS Contract Numbers 2020-PTS-030 and 2020-II-003 between the State of Arizona by and through the Governor's Office of Highway Safety (GOHS) and the Town of Marana for grant funding for DUI/Impaired Driving Enforcement Program, enforcement related materials and supplies, and STEP Enforcement Program (Kristin Taft) Discussion: The Town of Marana Police Department has been awarded two grants from the Governor's Office on Highway Safety totaling $75,000. The STEP Enforcement grant will provide $30,000 to fund overtime and employee related expenses for officers to support Speed Enforcement activities. The DUI Enforcement grant will provide $40,000 to fund overtime and employee related expenses for officers to support Impaired Driving enforcement activities. This award also includes an additional $5,000 to purchase Portable Breath Test devices.  Both of these grants focus on providing additional support to MPD for overtime activities to reduce speed related incidents and DUI/impaired driving casualties. Officers will be completing several special, high profile, holiday deployments including but not limited to: Super Bowl weekend, Cinco De Mayo, Graduation Day, Spring Break, Independence Day, and New Year's. Over the past few years, the number of impaired drivers on Marana streets has been greatly reduced due to these efforts. Although great strides have been made to increase Marana Town Council Meeting 9/17/2019 Page 68 of 319 safety on Marana roadways, there are still a large number of impaired drivers getting behind the wheel every day. The Marana Police Department is responding to this problem by increasing education, visibility, enforcement, and officer training. The overall goal is to reduce the number of accidents, injuries, and deaths caused by impaired and aggressive drivers.  These grants provide funding for programs to combat excessive speed and aggressive driving, to initiate a coordinated education and enforcement effort utilizing internal resources and allowing the MPD to increase efforts to reduce speeding and aggressive and impaired driving, heading off the behaviors that lead to increased incidents of motor vehicle accidents.  This overtime funding will also allow Marana to continue participation on the Southern Arizona DUI Task Force, increasing the number of marked patrol units on the streets during peak DUI times and in targeted locations. This increased activity will serve as a deterrent and increase formal enforcement to reduce the number of impaired and aggressive drivers on Arizona roadways. The Town will provide event-specific, department-initiated DUI and speed enforcement and work in a coordinated effort with other agencies to reduce the number of individuals under the influence through enforcement and education efforts and to reduce the number of aggressive drivers in the region. Financial Impact:   Fiscal Year:2020 Budgeted Y/N:Y Amount:$75,000 All of the officers' overtime will be fully reimbursed by this grant and the equipment is fully funded and does not require a match. Staff Recommendation: Staff recommends approval of the two grant agreements. Suggested Motion: I move to adopt Resolution No. 2019-091, approving and authorizing the Chief of Police and the Town Manager to execute GOHS Contract Numbers 2020-PTS-030 and 2020-II-003 between the State of Arizona by and through the Governor's Office of Highway Safety (GOHS) and the Town of Marana for grant funding for DUI/Impaired Driving Enforcement Program, enforcement related materials and supplies, and STEP Enforcement Program. Attachments Resolution 2019-91 2020-PTS-030 Grant Agreement Marana Town Council Meeting 9/17/2019 Page 69 of 319 2020-II-003 Grant Agreement Marana Town Council Meeting 9/17/2019 Page 70 of 319 00065492.DOC /1Resolution No. 201 9-091 - 1 - MARANA RESOLUTION NO . 201 9-091 RELATING TO POLICE DEPARTMENT; APPROVING AND AUTHORIZING THE CHIEF OF POLICE AND THE TOWN MANAGER TO EXECUTE GOHS CONTRACT NUMBERS 2020-PTS-030 AND 2020-II-003 BETWEEN THE STATE OF ARIZONA BY AND THROUGH THE GOVERNOR'S OFFICE OF HIGHWAY SAFETY (GOHS) AND THE TOWN OF MARANA FOR GRANT FUNDING FOR DUI/IMPAIRED DRIVING ENFORCEMENT PROGRAM, ENFORCEMENT RELATED MATERIALS AND SUPPLIES, AND STEP ENFORCEMENT PROGRAM WHEREAS the State of Arizona, by and through the Governor’s Office of Highway Safety (GOHS) sought proposals from state and local agencies for projects relating to all aspects of highway safety; and WHEREAS on February 19, 2019, the Town Cou ncil adopted Resolution No. 2019-012 authorizing the Chief of Police to apply for funding for FY 2019-2020 in the form of reimbursable grants from the National Highway Traffic Safety Administration and the Arizona Oversight Council on Driving or Operating under the Influence Abatement; and WHEREAS the Town of Marana recognizes its duty t o protect its citizens through effective police powers; and WHEREAS GOHS has awarded grant funding to the Marana Police Department for DUI and speed enforcement; and WHEREAS the Town Council finds that it is in the best interests of the community to enter into grant agreements with GOHS to be eligible to receive the awarded grant funds. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA AS FOLLOWS: SECTION 1. GOHS Contract Number 2020-PTS-030, attached to and incorporated by this reference in this resolution as Exhibit A, and GOHS Contract Number 2020-II- 003, attached to and incorporated by this reference in this resolution as Exhibit B, between the State of Arizona by and through the Governor’s Office of Highway Safety (GOHS) and the Town of Marana, are hereby approved and the Chief of Police and the Marana Town Council Meeting 9/17/2019 Page 71 of 319 00065492.DOC /1Resolution No. 201 9-091 - 2 - Town Manager are hereby authorized to execute them 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 two approved grant agreements . PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 17th day of September, 2019. Mayor Ed Honea ATTEST: Cherry L. Lawson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Town Council Meeting 9/17/2019 Page 72 of 319 1 GOVERNOR'S OFFICE OF HIGHWAY SAFETY STATE OF ARIZONA HIGHWAY SAFETY CONTRACT This page, the Project Director's Manual and attached hereto and incorporated herein by reference, constitute the entire Contract between the parties hereto unless the Governor’s Highway Safety Representative authorizes deviation in writing. FAIN: 69A37520300004020AZ0 Assistance Listings: 20.600 1. APPLICANT AGENCY GOHS CONTRACT NUMBER: Marana Police Department 2020-PTS-030 ADDRESS PROGRAM AREA: 175 North Pine Street, Globe, Arizona 85501 402-PTS 2. GOVERNMENTAL UNIT AGENCY CONTACT: Town of Marana Kristin Taft ADDRESS 3. PROJECT TITLE: 11555 West Civic Center Drive, Marana, AZ 85653 STEP Enforcement 4. GUIDELINES: 402–Police Traffic Services (PTS) 5. BRIEFLY STATE PURPOSE OF PROJECT: Federal 402 funds will support Personnel Services (Overtime), and Employee Related Expenses to enhance STEP Enforcement throughout the Town of Marana. 6. BUDGET COST CATEGORY Project Period FFY 2020 I. Personnel Services $21,429.00 II. Employee Related Expenses (40%) $8,571.00 III. Professional and Outside Services $0.00 IV. Travel In-State $0.00 V. Travel Out-of-State $0.00 VI. Materials and Supplies $0.00 VII. Capital Outlay $0.00 TOTAL ESTIMATED COSTS $30,000.00 PROJECT PERIOD FROM: Effective Date (Date of GOHS Director Signature) TO: 09-30-2020 CURRENT GRANT PERIOD FROM: 10-01-2019 TO: 09-30-2020 TOTAL FEDERAL FUNDS OBLIGATED THIS FFY: $30,000.00 A political subdivision or State agency that is mandated to provide a certified resolution or ordinance authorizing entry into this Contract must do so prior to incurring any expenditures. Failure to do so may result in termination of the awarded Contract. Marana Town Council Meeting 9/17/2019 Page 73 of 319 Marana Police Department GOHS HIGHWAY SAFETY CONTRACT 2020-PTS-030 2 PROBLEM IDENTIFICATION AND RESOLUTION: Agency Background: Number of sworn officers: 93 Total Population in city/town or county: 45,378 Total Road Mileage: Highway: 18 Local: 233 Total: 251 Agency Problem/Attempts to Solve Problem: The Town of Marana encompasses 122 square miles, bisected by 18.2 miles of Interstate 10 with a frontage road running parallel to the I-10. This corridor hosts seven traffic interchanges with 28 on/off ramps and 10 railroad crossings that are at grade and with the recent double tracking of the Union Pacific Railroad, the Town has seen a dramatic increase in daily train traffic. Economic growth has increased residential and commercial building, which is attracting additional people and commerce to the town. Marana has been impacted by several road constructions projects and intersections that were overburdened and have become more congested resulting in a stressful and aggressive driving by agitated drivers causing a higher number of traffic-related incidences. Marana PD is understaffed, with four traffic officers enforcing seven elementary school zones and the high school traffic volume has increased with traffic related complaints and increased fatal collisions. Agency Funding: Federal 402 funds will support Personnel Services (Overtime), and Employee Related Expenses to enhance STEP Enforcement throughout the Town of Marana. How Agency Will Solve Problem with Funding: Marana Police Department is requesting funding for Police Department overtime salaries and employee related expenses to enhance high visibility traffic enforcement within the Town of Marana. Overtime dollars will provide the resources necessary for Marana PD officers to expand efforts in GOHS high priority and stressed areas of concern, reducing the number of high-speed drivers on roadways, and increasing visibility in school and construction zones to serve as a deterrent. Marana PD is confident it can reduce the number of speed related collisions, deaths, injuries, and property damage, by continuing aggressive traffic enforcement and the department can make the I-10 corridor and adjacent roadways safer for the residents and visitors. Marana Town Council Meeting 9/17/2019 Page 74 of 319 Marana Police Department GOHS HIGHWAY SAFETY CONTRACT 2020-PTS-030 3 PROJECT MEASURES: Agency Goals: To decrease the number of speeding-related crashes 10% from 806 during calendar year 2017 to 765 by December 31, 2020. To decrease fatalities in speeding-related crashes 100% from 1 in calendar year 2017 to 0 by December 31, 2020. To decrease serious injuries in speeding-related crashes 10% from 55 in calendar year 2017 to 50 by December 31, 2020. Contract Objectives: To increase the number of speeding and aggressive driving citations 10% from 1410 during Calendar Year 2018 to 1551 during FFY 2020. Conduct targeted speed enforcement efforts a minimum of 1 times per month during FFY 2020. Additional Contract Objectives: 1. Conduct a minimum of four school zone traffic enforcement saturation patrols during FFY2020. 2. Conduct high visibility traffic enforcement saturation patrols during local school's Fall Break, Christmas Break, and Spring Break during FFY2020. Marana Town Council Meeting 9/17/2019 Page 75 of 319 Marana Police Department GOHS HIGHWAY SAFETY CONTRACT 2020-PTS-030 4 GOALS/OBJECTIVES: Federal 402 funds will support Personnel Services (Overtime), and Employee Related Expenses to enhance STEP Enforcement throughout the Town of Marana. Expenditures of funding pertaining to the PTS/Selective Traffic Enforcement Program including Personnel Services and ERE, Materials and Supplies, Capital Equipment, and/or Travel In and Out-of-State shall comply with the PTS/Selective Traffic Enforcement Program goals provided by the Arizona Governor’s Office of Highway Safety. The PTS/Selective Traffic Enforcement Program goal is to reduce the incidences of traffic fatalities and injuries resulting from speeding, aggressive driving, red light running, and other forms of risky driving behavior through enforcement, education, and public awareness throughout the State of Arizona. MEDIA RELEASE: To prepare complete press release information for media (television, radio, print, and on-line) during each campaign period including a main press release, schedule of events, departmental plans, and relevant data. The material will emphasize the campaign’s purpose, aggressive enforcement, and the high cost of Speeding in terms of money, criminal, and human consequences. The Marana Police Department will maintain responsibility for reporting sustained enforcement activity in a timely manner. Additionally, it is the responsibility of the Marana Police Department to report all holiday task force enforcement statistics to GOHS on-line at the GOHS website no later than 10:00 a.m. the morning following each day of the event. The holidays and special events include but not limited to: Super Bowl Sunday, Valentine's Day, President’s Day, St. Patrick’s Day, Spring Break, Easter, Cinco de Mayo, Prom Night, Memorial Day, Graduation Day, Independence Day, Labor Day, Columbus Day, Halloween, and the Thanksgiving through New Year’s details. PLEASE NOTE: Failure to submit Statistics, Quarterly Reports, and/or Report of Costs Incurred (RCIs) timely and correctly may delay reimbursement for expenditures to your Agency. METHOD OF PROCEDURE: The Marana Police Department will make expenditures, as follows, to meet the outlined Program Goals/Objectives: Personnel Services - To support Overtime for STEP/Speed Enforcement Activities Employee Related Expenses - To support Employee Related Expenses for Agency Overtime PRESS RELEASE: Agencies are required to develop and distribute a press release announcing this grant award upon receipt of the executed Contract. A copy of this press release shall be sent to the GOHS Director for approval prior to being sent to the media. This press release shall include the objective and specify that the funding is from the Governor’s Office of Highway Safety. Marana Town Council Meeting 9/17/2019 Page 76 of 319 Marana Police Department GOHS HIGHWAY SAFETY CONTRACT 2020-PTS-030 5 BAC TESTING AND REPORTING REQUIREMENTS: Alcohol impairment is a major contributing factor in fatality and serious injury motor vehicle collisions. Accurate data on alcohol involvement is essential to understanding the full extent of the role of alcohol and to assess progress toward reducing impaired driving. Each law enforcement agency that receives an enforcement-related grant is required to ensure that accurate data on all drivers involved is reported. Failure to comply may result in withholding funds and cancellation of the enforcement contract until this requirement is met. PURSUIT POLICY: All law enforcement agencies receiving Federal funds are encouraged to follow the guidelines established for vehicular pursuits issued by the International Association of Chiefs of Police (IACP) that are currently in effect. METHOD OF PROCUREMENT: The application of 2 CFR Part 200 "Procurement Standards" requires that: Grantees and sub-grantees will use their own procurement procedures which reflect applicable State and local laws and regulations, provided the procurement procedures conform to applicable Federal laws and standards. The most stringent purchasing requirement at each level must be met. If the Agency does not have a procurement process, the Agency may use the State procurement process. A clear audit trail must be established to determine costs charged against this Contract. Substantiation of costs shall, where possible, be made utilizing the Marana Police Department documentation consisting of, but not limited to, copies of time sheets, purchase orders, copies of invoices, and proof of payment. The Agency shall retain copies of all documentation in the project file. State Contract: Procurement may be made using an open State contract award. Documents submitted to substantiate purchases using an open State contract must bear the contract number. PROJECT EVALUATION: This project shall be administratively evaluated to ensure the objectives have been met. Quarterly Report The purpose of the Quarterly Report is to provide information on contracted grant activities conducted at the conclusion of each active quarter. The information provided is used to review progress of the funded project and the successfulness in meeting outlined goals and objectives. The information, photos, highlights, obstacles, and mandatory statistical data provided in this report are analyzed by the assigned Project Coordinator. It is critical the report contains the following information:  Original signatures on all Quarterly Reports and RCIs • All Quarterly Reports and RCIs shall include the signature of the Project Director unless prior authorization for another is on file with GOHS. Marana Town Council Meeting 9/17/2019 Page 77 of 319 Marana Police Department GOHS HIGHWAY SAFETY CONTRACT 2020-PTS-030 6 Report Schedule Reporting Period Due Date 1st Quarterly Report and RCI (October 1 to December 31, 2019) January 30, 2020 2nd Quarterly Report and RCI (January 1 to March 31, 2020) April 20, 2020 3rd Quarterly Report and RCI (April 1 to June 30, 2020) July 20, 2020 4th Quarterly Report and RCI (July 1 to September 30, 2020) October 15, 2020 Final Statement of Accomplishments October 15, 2020 The Quarterly Report shall be completed on the form available on-line and can be submitted by email to the Governor’s Office of Highway Safety. NOTE: IT IS REQUIRED THAT ALL LAW ENFORCEMENT AGENCIES MUST ENTER STATISTICAL AND ENFORCEMENT ACTIVITY INTO THE ON-LINE GOHS DUI REPORTING SYSTEM, IN ADDITION TO SUBMITTING THE QUARTERLY ENFORCEMENT REPORT. Final Statement of Accomplishments The Project Director shall submit a Final Statement of Accomplishments Report to the GOHS no later than fifteen (15) days after the conclusion of each Federal Fiscal Year (September 30th). All agencies receiving funding are required to submit a Final Statement of Accomplishments Report. Note: Failure to comply with the outlined GOHS reporting requirements may result in withholding of Federal funds or termination of the Contract. PROFESSIONAL AND TECHNICAL PERSONNEL: Terry Rozema, Chief of Police, Marana Police Department, shall serve as Project Director. Kristin Taft, Grants Manager, Marana Police Department, shall serve as Project Administrator. Shannon Parks, Governor's Office of Highway Safety, shall serve as Project Coordinator. REPORT OF COSTS INCURRED (RCI): The Agency shall submit a Report of Costs Incurred (RCI), with supporting documentation attached, to the Governor’s Office of Highway Safety on a quarterly basis, for each active quarter, in conjunction with the required report. Agencies may submit additional RCI forms for expenditures when funds have been expended for which reimbursement is being requested. Accepted supporting documentation to submit with a Report of Cost Incurred (RCI) includes, but is not limited to; scanned copies of timesheets, payroll records, paid invoices/purchase orders, and other account records. RCIs shall be typed and delivered via mail or hand delivered with appropriate supporting documentation to the Governor’s Office of Highway Safety. Electronically submitted RCIs will not be accepted. Final RCIs will not be accepted fifteen (15) days after the conclusion of each Federal Fiscal Year (September 30th). Expenditures submitted after the expiration date may not be reimbursed and the Agency will accept fiscal responsibility. Marana Town Council Meeting 9/17/2019 Page 78 of 319 Marana Police Department GOHS HIGHWAY SAFETY CONTRACT 2020-PTS-030 7 PROJECT MONITORING: Highway safety grant project monitoring is used by GOHS project coordinators to track the progress of project objectives, performance measures, and compliance with applicable procedures, laws, and regulations. The process is used throughout the duration of the contracted project and serves as a continuous management tool. Project monitoring also presents an opportunity to develop partnerships, share information, and provide assistance to contracted agencies. Additionally, project monitoring outlines a set of procedures for project review and documentation. Project monitoring serves as a management tool for:  Detecting and preventing problems  Helping to identify needed changes  Identifying training or assistance needed  Obtaining data necessary for planning and evaluation  Identifying exemplary projects Types of Monitoring Monitoring is formal and informal, financial and operational. The most common types of monitoring are:  Ongoing contact with the contracted grantee through phone calls, e-mails, correspondence, and meetings  On-Site and/or In-House monitoring reviews of project operations, management, and financial records and systems  Review of project Quarterly Reports  Review and approval of Report of Costs Incurred (RCIs)  Desk review of other documents in the project grant files for timely submission and completeness Monitoring Schedule Total Awarded Amount: Type of Monitoring: Under $50,000 Desk Review/Phone Conference $50,000 and over May have an In-House GOHS Review $100,000+ May have an On-Site Review Capital Outlay Greater than $25,000 (combined) May have an On-Site Review Desk Review and Phone Conference Internal review of all written documentation related to contractual project including, but not limited to the Contract, Quarterly Reports, enforcement data, financial data, e-mails, letters, notes, press releases, photographs, inventories, and other written correspondence. A phone conference call conducted during the course of the project which includes the date and time of the call, the person(s) contacted, and the results. It serves as an informational review to determine progress of programmatic/financial activities. Both the designated project administrator and fiscal contact should be present, if possible, during the phone conference. If identified financial or operational problems are present, GOHS reserves the right to bring the grantee in for an in-house meeting at GOHS. Monitoring form written by Project Coordinator, any findings, areas of improvement, concern, or recognition will be provided to the grantee. In-House Review Documents performance review results including project activities, reimbursement claims review, equipment purchases, approvals, and other information. Reviews applicable information related to the project(s) including, but not limited to the Contract, Quarterly Marana Town Council Meeting 9/17/2019 Page 79 of 319 Marana Police Department GOHS HIGHWAY SAFETY CONTRACT 2020-PTS-030 8 Reports, enforcement data, financial data, e-mails, letters, notes, press releases, photographs, inventories, and other written correspondence. Completed at GOHS in a meeting with appropriate operational and financial personnel. Monitoring form written by Project Coordinator, any findings, areas of improvement, concern, or recognition will be provided to the grantee. On-Site Monitoring Documents performance review results including project activities, reimbursement claims review, equipment purchases, and other information. Reviews applicable information related to the project(s) including, but not limited to the Contract, Quarterly Reports, enforcement data, financial data, e-mails, letters, notes, press releases, photographs, inventories, and other written correspondence. Conducted on-site at the grantee’s Agency with monitoring form completed on-site by Project Coordinator. Any findings, areas of improvement, concern, or recognition, will be provided to the grantee. On-site and/or in-house monitoring for grantees of designated projects with large Capital Outlay purchases, personnel services, and complex projects must be completed within the second or third quarter of the fiscal year. Contracted projects displaying any problems may need on-site monitoring more than once during the fiscal year. On-site and/or In-house monitoring includes a review and discussion of all issues related to ensure the effective administration of the contracted project. The following are the most important items to review:  Progress toward meeting goals/objectives and performance measures  Adherence to the contract specifications, timely submission of complete and correct reports, including required documentation  Quarterly Reports  Status of expenditures related to the outlined budget  Accounting records and RCI's  Supporting documentation (training documentation, inventory sheets, photographs, press releases, etc.) In addition, the designated Agency will ensure that any equipment purchased will be available for inspection and is being used for the purpose for which it was bought under the outlined contractual agreement. Marana Town Council Meeting 9/17/2019 Page 80 of 319 Marana Police Department GOHS HIGHWAY SAFETY CONTRACT 2020-PTS-030 9 Documentation The Governor’s Office of Highway Safety will retain all findings documented on the GOHS Monitoring Form in the Agency's respective Federal file. Findings will be discussed with the designated contract representative (Project Administrator, fiscal specialist) by phone and/or e-mail. All noted deficiencies will be provided to the grantee with guidance for improvement and solutions to problems. Grantees that exhibit significantly poor performance may be placed on a performance plan as outlined by the GOHS Director. Grantee monitoring information will additionally provide documentation for potential funding in subsequent fiscal year grant proposal review. PROJECT PERIOD: The project period shall commence on the date the GOHS Director signs the Highway Safety Contract and terminate on September 30th of that or subsequent year as indicated on the Highway Safety Contract. DURATION: Contracts shall be effective on the date the Governor’s Office of Highway Safety Director signs the Contract and expire at the end of the project period. If the Agency is unable to expend the funds in the time specified, the Agency will submit notification on the Agency’s letterhead and hand deliver or submit via regular mail to the Director of the Governor's Office of Highway Safety a minimum of sixty days (60) prior to the end of the project period. The Agency shall address all requests to modify the Contract to the Director of the Governor’s Office of Highway Safety on Agency's official letterhead and either hand deliver or submit the request via regular mail. All requests for modification must bear the signature of the Project Director. Failure to comply may result in cancellation of the Contract. Any unexpended funds remaining at the termination of the Contract shall be released back to the Governor’s Office of Highway Safety. Marana Town Council Meeting 9/17/2019 Page 81 of 319 Marana Police Department GOHS HIGHWAY SAFETY CONTRACT 2020-PTS-030 10 ESTIMATED COSTS: I. Personnel Services (overtime) $21,429.00 II. Employee Related Expenses (ERE) (40%) $8,571.00 III. Professional and Outside Services $0.00 IV. Travel In-State $0.00 V. Travel Out-of-State $0.00 VI. Materials and Supplies $0.00 VII. Capital Outlay $0.00 TOTAL ESTIMATED COSTS *$30,000.00 *Includes all applicable training, tax, freight, and advertising costs. The GOHS reserves the right to limit reimbursement of Employee Related Expenses from zero (0) to a maximum rate of forty (40) percent. This is the maximum ERE amount to be reimbursed. It is agreed and understood that the Marana Police Department shall absorb any and all expenditures in excess of $30,000.00. Marana Town Council Meeting 9/17/2019 Page 82 of 319 Marana Police Department GOHS HIGHWAY SAFETY CONTRACT 2020-PTS-030 11 QUARTERLY ENFORCEMENT REPORT (Submitted to GOHS) Reporting Period DESCRIPTION CONTRACT ACTIVITY AGENCY ACTIVITY Total Contacts (Traffic Stops) Total Sober Designated Drivers Contacted Total Know Your Limit Contacts TOTAL DUI ARRESTS Total DUI Aggravated Total DUI Misdemeanor Total DUI Extreme (.15 or Above) Under 21 DUI Arrests Average BAC Minor Consumption / Possession Citations Total DUI Drug Arrests 30-Day Vehicle Impounds Seat Belt Citations Child Restraint Citations Criminal Speed Citations Reckless Driving Citations Civil Speed Citations Other Citations (Except Speed) Other Arrests Participating Officer/Deputies (Cumulative) Marana Town Council Meeting 9/17/2019 Page 83 of 319 Marana Police Department GOHS HIGHWAY SAFETY CONTRACT 2020-PTS-030 12 CERTIFICATIONS AND AGREEMENTS This CONTRACT, is made and entered into by and between the STATE OF ARIZONA, by and through the Governor’s Office of Highway Safety (GOHS) hereinafter referred to as "STATE", and the agency named in this Contract, hereinafter referred to as "AGENCY". WHEREAS, the National Highway Safety Act of 1966, as amended (23 USC §§401-404), provides Federal funds to STATE for approved highway safety projects; and WHEREAS, STATE may make said funds available to various state, county, tribal, or municipal agencies, governments, or political subdivisions upon application and approval by STATE and the United States Department of Transportation (USDOT); and WHEREAS, AGENCY must comply with the requirements listed herein to be eligible for Federal funds for approved highway safety projects; and WHEREAS, AGENCY has submitted an application for Federal funds for highway safety projects; NOW, THEREFORE, IN CONSIDERATION OF MUTUAL PROMISES AND OTHER GOODS AND VALUABLE CONSIDERATION, it is mutually agreed that AGENCY will strictly comply with the following terms and conditions and the following Federal and State Statutes, Rules, and Regulations: I. Project Monitoring, Reports, and Inspections A. AGENCY agrees to fully cooperate with representatives of STATE monitoring the project, either on-site or by telephone, during the life of the Contract. B. AGENCY will submit Quarterly Reports (one for each three-month period of the project year) to STATE in the form and manner prescribed by STATE. Notice of the specific requirements for each report will be given in this Contract or at any time thereafter by giving thirty (30) days written notice to AGENCY by ordinary mail at the address listed on the Contract. Failure to comply with Quarterly Report requirements may result in withholding of Federal funds or termination of this Contract. C. AGENCY will submit a Final Report/Statement of Accomplishment at completion of the Contract to include all financial, performance, and other reports required as a condition of the grant to STATE within thirty (30) days of the completion of the Contract. D. Representatives authorized by STATE and the National Highway Traffic Safety Administration (NHTSA) will have the right to visit the site and inspect the work under this Contract whenever such representatives may determine such inspection is necessary. II. Reimbursement of Eligible Expenses A. AGENCY's Project Director, or Finance Personnel, will submit a Report of Costs Incurred Form (RCI) to STATE each time there have been funds expended for which reimbursement is being requested. Failure to meet this requirement may be cause to terminate the project under Section XX herein, "Termination and Abandonment". Marana Town Council Meeting 9/17/2019 Page 84 of 319 Marana Police Department GOHS HIGHWAY SAFETY CONTRACT 2020-PTS-030 13 B. AGENCY will reimburse STATE for any ineligible or unauthorized expenses for which Federal funds have been claimed and reimbursement received, as may have been determined by a State or Federal audit. C. STATE will have the right to withhold any installments equal to the reimbursement received by AGENCY for prior installments which have been subsequently determined to be ineligible or unauthorized. III. Property Agreement A. AGENCY will immediately notify STATE if any equipment purchased under this Contract ceases to be used in the manner as set forth by this Contract. In such event, AGENCY further agrees to either give credit to the project cost or to another active highway safety project for the residual value of such equipment in an amount to be determined by STATE or to transfer or otherwise dispose of such equipment as directed by STATE. B. No equipment will be conveyed, sold, salvaged, transferred, etc., without the express written approval of STATE, or unless otherwise provided elsewhere in this Contract. C. AGENCY will maintain or cause to be maintained for its useful life, any equipment purchased under this Contract. D. AGENCY will incorporate any equipment purchased under this Contract into its inventory records. E. AGENCY will insure any equipment purchased under this Contract for the duration of its useful life. Self-insurance meets the requirements of this section. IV. Travel In -State and Out-of-State Travel In state and out-of-state travel claims will be reimbursed at rates provided by AGENCY's regulations, provided that such regulations are as restrictive as those of STATE. Where they are less restrictive, ARS §38-624 will apply. The State must approve all out-of-state travel in writing and in advance. V. Standard of Performance AGENCY hereby agrees to perform all work and services herein required or set forth, and to furnish all labor, materials, and equipment, except that labor, material, and equipment as STATE agrees to furnish pursuant to this Contract. VI. Hold Harmless Agreement Neither party to this agreement agrees to indemnify the other party or hold harmless the other party from liability hereunder. However, if the common law or a statute provides for either a right to indemnify and/or a right to contribution to any party to this agreement then the right to pursue one or both of these remedies is preserved. Marana Town Council Meeting 9/17/2019 Page 85 of 319 Marana Police Department GOHS HIGHWAY SAFETY CONTRACT 2020-PTS-030 14 VII. Non-Assignment and Sub-Contracts This Contract is not assignable nor may any portion of the work to be performed be subcontracted unless specifically agreed to in writing by STATE. No equipment purchased hereunder may be assigned or operated by other than AGENCY unless agreed to in writing by STATE. VIII. Work Products and Title to Commodities and Equipment A. The work product and results of the project are the property of STATE, unless otherwise specified elsewhere in this Contract. All property, instruments, non-consumable materials, supplies, and the like, which are furnished or paid for by STATE under the terms of this Contract, unless otherwise provided for elsewhere in this Contract, are and remain the property of STATE and will be returned at the completion of this project upon request of STATE. The work product and results of the project will be furnished to STATE upon request, if no provision is otherwise made by this Contract. B. The provisions of subparagraph A apply whether or not the project contracted for herein is completed. IX. Copyrights and Patents Any copyrightable materials, patentable discovery, or invention produced in the course of this project may be claimed by STATE and a copyright or patent obtained by it at its expense. In the event STATE does not wish to obtain such copyright or patent, AGENCY may do so, but in any event, provision will be made by AGENCY for royalty-free, nonexclusive, nontransferable, and irrevocable licenses to be given the United States Government and STATE and its political subdivisions to use such copyrightable material, patented discoveries, or inventions in any manner they see fit. The STATE reserves the right to impose such other terms and conditions upon the use of such copyrights or patents as may be deemed in the best interest of STATE in the event AGENCY is allowed to obtain a copyright or patent. X. Uniform Administrative Requirements (2 CFR Part 1201): Uniform Administrative Requirements, Cost Prinicples, and Audit Requirements for Federal Awards: The application of 2 CFR Part 200 "Procurement Standards" Requires that: AGENCY and sub-grantees will use their own procurement procedures, which reflect applicable State and local laws and regulations, provided that the procurements conform to applicable Federal law. The most stringent purchasing requirement at each level must be met. The Arizona Procurement Code (ARS §41-2501, et. seq.) and promulgated rules (A.A.C. Title 2, Chapter 7) are a part of this Contract as if fully set forth herein and AGENCY agrees to fully comply with these requirements for any procurement using grant monies from this Contract. Marana Town Council Meeting 9/17/2019 Page 86 of 319 Marana Police Department GOHS HIGHWAY SAFETY CONTRACT 2020-PTS-030 15 XI. Non-Discrimination During the performance of this contract/funding agreement, the contractor/funding recipient agrees— A. To comply with all Federal nondiscrimination laws and regulations, as may be amended from time to time; B. Not to participate directly or indirectly in the discrimination prohibited by any Federal non- discrimination law or regulation, as set forth in Appendix B of 49 CFR part 2l and herein; C. To permit access to its books, records, accounts, other sources of information, and its facilities as required by the State highway safety office, US DOT or NHTSA; D. That, in event a contractor/funding recipient fails to comply with any nondiscrimination provisions in this contract/funding agreement, the State highway safety agency will have the right to impose such contract/agreement sanctions as it or NHTSA determine are appropriate, including, but not limited to, withholding payments to the contractor/funding recipient under the contract/agreement until the contractor/funding recipient complies; and/or cancelling, terminating, or suspending a contract or funding agreement, in whole or in part; and E. To insert this clause, including paragraphs A through E, in every subcontract and subagreement and in every solicitation for a subcontract or sub-agreement, that receives Federal funds under this program. XII. Executive Order 2009-09 It is mutually agreed that AGENCY will comply with the terms and conditions of Executive Order 2009-09, Non-Discrimination in Employment by Government Contractors and Subcontractors. Executive Order 2009-09 is located in Part II of the Project Director's Manual. XIII. Application of Hatch Act The AGENCY will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. XIV. Minority Business Enterprises (MBE) Policy and Obligation A. Policy: It is the policy of the USDOT that minority business enterprises as defined in 49 CFR Part 23, will have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds under this Contract. Consequently, the minority business enterprises requirements of 49 CFR Part 23 apply to this Contract. B. Obligation: The recipient or its contractor agrees to ensure that minority business enterprises, as defined in 49 CFR Part 23, have the subcontracts financed in whole or in part with Federal funds provided under this Contract. In this regard, all recipients or contractors will take all necessary and reasonable steps in accordance with 49 CFR, Part 23 to ensure that minority business enterprises have the maximum opportunity to compete for and perform contracts. Recipients and their contractors will not discriminate on the basis of race, color, creed, sex, or national origin in the award and performance of USDOT-assigned contracts. Marana Town Council Meeting 9/17/2019 Page 87 of 319 Marana Police Department GOHS HIGHWAY SAFETY CONTRACT 2020-PTS-030 16 XV. Arbitration Clause, ARS §12-1518 Pursuant to ARS §12-1518, the parties agree to use arbitration, after exhausting applicable administrative reviews, to resolve disputes arising out of this Contract where the provisions of mandatory arbitration apply. XVI. Inspection and Audit, ARS §35-214 Pursuant to ARS §35-214, all books, accounts, reports, files, and other records relating to this Contract will be subject at all reasonable times to inspection and audit by STATE for five (5) years after completion of this Contract. The records will be produced at the Governor’s Office of Highway Safety. XVII. Appropriation of Funds by U.S. Congress It is agreed that in no event will this Contract be binding on any party hereto unless and until such time as funds are appropriated and authorized by the U.S. Congress and specifically allocated to the project submitted herein and then only for the fiscal year for which such allocation is made. In the event no funds are appropriated by the U.S. Congress or no funds are allocated for the project proposed herein for subsequent fiscal years, this Contract will be null and void, except as to that portion for which funds have then been appropriated or allocated to this project, and no right of action or damages will accrue to the benefit of the parties hereto as to that portion of the Contract or project that may so become null and void. XVIII. Continuation of Highway Safety Program It is the intention of AGENCY to continue the Highway Safety Program identified in this Contract once Federal funding is completed. This intended continuation will be based upon cost effectiveness and an evaluation by AGENCY of the program's impact on highway safety. XIX. E-Verify Both parties acknowledge that immigration laws require them to register and participate with the E- Verify Program (employment verification program administered by the United States Department of Homeland Security and the Social Security Administration or any successor program) as they both employ one or more employees in this State. Both parties warrant that they have registered with and participate with E-Verify. If either party later determines that the other non-compliant party has not complied with E-Verify, it will notify the non-compliant party by certified mail of the determination and of the right to appeal the determination. XX. Termination and Abandonment A. The STATE and AGENCY hereby agree to the full performance of the covenants contained herein, except that STATE reserves the right, at its discretion, to terminate or abandon any portion of the project for which services have not been already performed by AGENCY. B. In the event STATE abandons the services or any part of the services as herein provided, STATE will notify AGENCY in writing and within twenty-four (24) hours after receiving such notice, AGENCY will discontinue advancing the work under this Contract and proceed to close said operations under the Contract. Marana Town Council Meeting 9/17/2019 Page 88 of 319 Marana Police Department GOHS HIGHWAY SAFETY CONTRACT 2020-PTS-030 17 C. The appraisal value of work performed by AGENCY to the date of such termination or abandonment shall be made by STATE on a basis equitable to STATE and AGENCY and a final reimbursement made to AGENCY on the basis of costs incurred. Upon termination or abandonment, AGENCY will deliver to STATE all documents, completely or partially completed, together with all unused materials supplied by STATE. D. AGENCY may terminate or abandon this Contract upon thirty (30) days written notice to STATE, provided there is subsequent concurrence by STATE. Termination or abandonment by AGENCY will provide that costs can be incurred against the project up to and including sixty (60) days after notice is given to STATE. E. Any equipment or commodities which have been purchased as a part of this Contract and which have not been consumed or reached the end of its useful life will be returned to STATE upon its written request. XXI. Cancellation Statute All parties are hereby put on notice that this Contract is subject to cancellation pursuant to ARS §38- 511, the provisions of which are stated below. In accordance with ARS §38-511, this Contract may be cancelled without penalty or further obligation if any person significantly involved in initiating, negotiating, securing, drafting, or creating the Contract on behalf of the STATE, its political subdivisions or any department or agency of either, is at any time while the Contract or any extension of the Contract is in effect, an employee of any other party to the Contract in any capacity or a consultant to any other party of the Contract with respect to the subject matter or the Contract. The cancellation shall be effective when written notice from the Governor or Chief Executive Officer or governing body of the political subdivision is received by all other parties to the Contract unless the notice specifies a later time. AGREEMENT OF UNDERSTANDING AND CERTIFICATION OF COMPLIANCE Acceptance of Condition It is understood and agreed by the undersigned that a grant received as a result of this Contract is subject to the Highway Safety Act of 1966, as amended (23 U.S.C.A. §§401-404), ARS §28-602, and all administrative regulations governing grants established by the USDOT and STATE. It is expressly agreed that this Highway Safety Project constitutes an official part of the STATE's Highway Safety Program and that AGENCY will meet the requirements as set forth in the accompanying Project Director's Manual, which are incorporated herein and made a part of this Contract. All State and Federal Statutes, Rules, Regulations, and Circulars referenced in this Contract are a part of this document as if fully set forth herein. It is also agreed that no work will be performed nor any obligation incurred until AGENCY is notified in writing that this project has been approved by the Governor's Highway Safety Representative. Certificate of Compliance This is to certify that AGENCY will comply with all of the State and Federal Statutes, Rules and Regulations identified in this Contract. Marana Town Council Meeting 9/17/2019 Page 89 of 319 Marana Police Department GOHS HIGHWAY SAFETY CONTRACT 2020-PTS-030 18 Certification of Non-Duplication of Grant Funds Expenditure This is to certify that AGENCY has no ongoing nor completed projects under contract with other Federal fund sources which duplicate or overlap any work contemplated or described in this Contract. It is further certified that any pending or proposed request for other Federal grant funds which would duplicate or overlap work described in the Contract will be revised to exclude any such duplication of grant fund expenditures. It is understood that any such duplication of Federal funds expenditures subsequently determined by audit will be subject to recovery by STATE. Single Audit Act If your political subdivision has had an independent audit meeting the requirements of the Single Audit Act of 1984, (31 U.S.C.A. §7501 et. seq.), please forward a copy to GOHS, Attention: Fiscal Services Officer, within thirty (30) days of the effective date of this Contract. If such audit has not been performed, please advise when it is being scheduled. Buy America Act The State and each subrecipient will comply with the Buy America requirement (23 U.S.C. 313) when purchasing items using Federal funds. Buy America requires a State, or subrecipient, to purchase with Federal funds only steel, iron, and manufactured products produced in the United States, unless the Secretary of Transportation determines that such domestically produced items would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project contract by more than twenty-five (25) percent. In order to use Federal funds to purchase foreign produced items, the State must submit a waiver request that provides an adequate basis and justification to and approved by the Secretary of Transportation. Prohibition on Using Grant Funds to Check for Helmet Usage The State and each subrecipient will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists. Certification Regarding Debarment and Suspension A. By signing and submitting this proposal, the prospective primary participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200. B. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective primary tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary tier participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction. C. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary tier participant knowingly rendered an erroneous certification, in Marana Town Council Meeting 9/17/2019 Page 90 of 319 Marana Police Department GOHS HIGHWAY SAFETY CONTRACT 2020-PTS-030 19 addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default or may pursue suspension or debarment. D. The prospective primary tier participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary tier participant learns its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. E. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations. F. The prospective primary tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. G. The prospective primary tier participant further agrees by submitting this proposal that it will include the clause titled Instructions for Lower Tier Certification including the Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion—Lower Tier Covered Transaction, provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200. H. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website (https://www.sam.gov). I. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. J. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal government, the department or agency may terminate the transaction for cause of default. Marana Town Council Meeting 9/17/2019 Page 91 of 319 Marana Police Department GOHS HIGHWAY SAFETY CONTRACT 2020-PTS-030 20 Certification Regarding Debarment, Suspension, and Other Responsibility Matter A. The prospective primary tier participant certifies to the best of its knowledge and belief, that it and its principal: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency; 2. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of record, making false statements, or receiving stolen property; 3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or Local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and 4. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default. B. Where the prospective primary tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Instructions for Lower Tier Certification A. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200. B. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment. C. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. D. The terms covered transaction, debarment, suspension, ineligible, lower tier, participant, person, primary tier, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations. E. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, Marana Town Council Meeting 9/17/2019 Page 92 of 319 Marana Police Department GOHS HIGHWAY SAFETY CONTRACT 2020-PTS-030 21 debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. F. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled "Instructions for Lower Tier Participant Certification" including the "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion- Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200. G. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions Website (https://www.sam.gov). H. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. I. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion A. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency. B. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Marana Town Council Meeting 9/17/2019 Page 93 of 319 Marana Police Department GOHS HIGHWAY SAFETY CONTRACT 2020-PTS-030 22 REIMBURSEMENT INSTRUCTIONS 1. Agency Official preparing the Report of Costs Incurred: Name: Title: Telephone Number: Fax Number: E-mail Address: 2. Agency's Fiscal Contact: Name: Title: Telephone Number: Fax Number: E-mail Address: Federal Identification Number: 3. REIMBURSEMENT INFORMATION: Warrant/Check to be made payable to: Warrant/Check to be mailed to: (Agency) (Address) (City, State, Zip Code) 4. DUNS Number: (DUNS #) (Registered Address & Zip Code) Marana Town Council Meeting 9/17/2019 Page 94 of 319 Marana Police Department GOHS HIGHWAY SAFETY CONTRACT 2020-PTS-030 23 Restriction on State Lobbying None of the funds under this program will be used for any activity specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect (e.g., "grassroots") lobbying activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal. Certification for Contracts, Grant, Loans, and Cooperative Agreements (Federal Lobbying) The undersigned certifies, to the best of his or her knowledge and belief, that: A. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. B. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. C. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients will certify and disclose accordingly. D. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Signature of Project Director: Signature of Authorized Official of Governmental Unit: Terry Rozema, Chief of Police Jamsheed Mehta, Town Manager Marana Police Department Town of Marana Date Telephone Date Telephone Marana Town Council Meeting 9/17/2019 Page 95 of 319 Marana Police Department GOHS HIGHWAY SAFETY CONTRACT 2020-PTS-030 24 AUTHORITY & FUNDS 1. This Project is authorized by 23 U.S.C. §402 and regulations promulgated there under, more particularly Volume 102, and if State funds are involved, this project is authorized by ARS §28-602. The funds authorized for this Project have been appropriated and budgeted by the U.S. Department of Transportation. The expenses are reimbursable under Arizona's Highway Safety Plan Program Area 402- PTS, as approved for by the National Highway Traffic Safety Administration. 2. A. EFFECTIVE DATE: B. FEDERAL FUNDS: Authorization to Proceed Date $30,000.00 3. AGREEMENT AND AUTHORIZATION TO PROCEED by State Official responsible to Governor for the administration of the State Highway Safety Agency Alberto Gutier, Director Approval Date Governor's Office of Highway Safety Governor's Highway Safety Representative Marana Town Council Meeting 9/17/2019 Page 96 of 319 1 GOVERNOR'S OFFICE OF HIGHWAY SAFETY STATE OF ARIZONA HIGHWAY SAFETY CONTRACT This page, the Project Director's Manual and attached hereto and incorporated herein by reference, constitute the entire Contract between the parties hereto unless the Governor’s Highway Safety Representative authorizes deviation in writing. FAIN: 69A3752030000405dAZM Assistance Listings: 20.616 1. APPLICANT AGENCY GOHS CONTRACT NUMBER: Marana Police Department 2020-II-003 ADDRESS PROGRAM AREA: 175 North Pine Street, Globe, Arizona 85501 405d 2. GOVERNMENTAL UNIT AGENCY CONTACT: Town of Marana Kristin Taft ADDRESS 3. PROJECT TITLE: 11555 West Civic Center Drive, Marana, AZ 85653 DUI/Impaired Driving Enforcement, and Enforcement Related Materials and Supplies – (PBT’s) 4. GUIDELINES: 405d 5. BRIEFLY STATE PURPOSE OF PROJECT: Federal 405d funds will support Personnel Services (Overtime), Employee Related Expenses, and Materials and Supplies: PBT's to enhance DUI/Impaired Driving Enforcement throughout the Town of Marana. 6. BUDGET COST CATEGORY Project Period FFY 2020 I. Personnel Services $28,571.00 II. Employee Related Expenses (40%) $11,429.00 III. Professional and Outside Services $0.00 IV. Travel In-State $0.00 V. Travel Out-of-State $0.00 VI. Materials and Supplies $5,000.00 VII. Capital Outlay $0.00 TOTAL ESTIMATED COSTS $45,000.00 PROJECT PERIOD FROM: Effective Date (Date of GOHS Director Signature) TO: 09-30-2020 CURRENT GRANT PERIOD FROM: 10-01-2019 TO: 09-30-2020 TOTAL FEDERAL FUNDS OBLIGATED THIS FFY: $45,000.00 A political subdivision or State agency that is mandated to provide a certified resolution or ordinance authorizing entry into this Contract must do so prior to incurring any expenditures. Failure to do so may result in termination of the awarded Contract. Marana Town Council Meeting 9/17/2019 Page 97 of 319 Marana Police Department GOHS HIGHWAY SAFETY CONTRACT 2020-II-003 2 PROBLEM IDENTIFICATION AND RESOLUTION: Agency Background: Number of sworn officers: 93 Total Population in city/town or county: 45,378 Total Road Mileage: Highway: 18 Local: 233 Total: 251 Agency Problem/Attempts to Solve Problem: The Marana Police Department had a large number of arrests with extreme blood alcohol concentration, with new alcohol-serving establishments in Marana, generating an extreme number of impaired drivers, exasperating the Town's DUI related traffic concerns, with a shortage of officer staffing providing coverage to enforce and reduce the DUI traffic related incidences. Marana has a large number of commuters and is a main thoroughfare for other surrounding municipalities, resulting in a large number of impaired drivers on the roadways within the town, returning to Marana or traveling through the Town. Town growth has increased, due to the arrival of a new shopping mall, hotel, restaurants, microbreweries and bars and Marana host several events annually where alcohol is served, resulting in an increase of fatal collisions. Agency Funding: Federal 405d funds will support Personnel Services (Overtime), Employee Related Expenses, and Materials and Supplies: PBT's to enhance DUI/Impaired Driving Enforcement throughout the Town of Marana. How Agency Will Solve Problem with Funding: Grant funding will help offset the salary and related costs of officer overtime, employee expenses and the purchase of PBT's, affecting high visibility DUI Enforcement throughout the Town of Marana. Marana PD will deploy officers to locate, investigate, and arrest impaired driving offenders and will participate in coordinated multi-agency task forces during specific holiday periods, to perform DUI saturation enforcement patrols with deployments to serve as a deterrent and reduce the number of impaired drivers on Arizona roadways. Marana PD is confident that by continuing aggressive DUI enforcement and community education, it can reduce the number of impaired driver incidents, collisions, deaths, injuries, and property damage caused by impaired drivers and help make the I-10 corridor and adjacent roadways safer for the residents and visitors. Marana Town Council Meeting 9/17/2019 Page 98 of 319 Marana Police Department GOHS HIGHWAY SAFETY CONTRACT 2020-II-003 3 PROJECT MEASURES: Agency Goals: To decrease the number of impaired-related crashes 15% from 29 during calendar year 2017 to 26 by December 31, 2020. To decrease fatalities in impaired-related crashes 100% from 1 in calendar year 2017 to 0 by December 31, 2020. To decrease serious injuries in impaired-related crashes 50 % from 12 in calendar year 2017 to 6 by December 31, 2020. Contract Objectives: To participate in a minimum of 3 DUI saturation patrols per quarter during FFY 20 To participate in a minimum of 1 DUI task force operations per quarter during FFY 2020. Additional Contract Objectives: 1. Conduct a minimum of two extra department DUI deployments during FFY2020. 2. Conduct a minimum of two DUI training sessions for enforcement personnel during FFY 2020. Marana Town Council Meeting 9/17/2019 Page 99 of 319 Marana Police Department GOHS HIGHWAY SAFETY CONTRACT 2020-II-003 4 GOALS/OBJECTIVES: Federal 405d funds will support Personnel Services (Overtime), Employee Related Expenses, and Materials and Supplies: PBT's to enhance DUI/Impaired Driving Enforcement throughout the Town of Marana. Expenditures of funding pertaining to Impaired Driving Enforcement including Personnel Services and ERE, Materials and Supplies, Capital Equipment, and/or Travel In and Out-of-State shall comply with the Impaired Driving Program goals provided by the Arizona Governor's Office of Highway Safety. The Impaired Driving Program goal is to reduce the incidences of alcohol and drug related driving fatalities and injuries through enforcement, education, and public awareness throughout the State of Arizona. Law enforcement personnel participating in Impaired Driving Enforcement/DUI activities including, DUI Task Force details under this program, shall be HGN/SFST certified. MEDIA RELEASE: To prepare complete press release information for media (television, radio, print, and on-line) during each campaign period including a main press release, schedule of events, departmental plans, and relevant data. The material will emphasize the campaign’s purpose, aggressive enforcement, and the high cost of DUI/Impaired Driving in terms of money, criminal, and human consequences. The Marana Police Department will maintain responsibility for reporting sustained enforcement activity in a timely manner. Additionally, it is the responsibility of the Marana Police Department to report all holiday task force enforcement statistics to GOHS on-line at the GOHS website no later than 10:00 a.m. the morning following each day of the event. The holidays and special events include but not limited to: Super Bowl Sunday, Valentine's Day, President’s Day, St. Patrick’s Day, Spring Break, Easter, Cinco de Mayo, Prom Night, Memorial Day, Graduation Day, Independence Day, Labor Day, Columbus Day, Halloween, and the Thanksgiving through New Year’s details. PLEASE NOTE: Failure to submit Statistics, Quarterly Reports, and/or Report of Costs Incurred (RCIs) timely and correctly may delay reimbursement for expenditures to your Agency. METHOD OF PROCEDURE: The Marana Police Department will make expenditures, as follows, to meet the outlined Program Goals/Objectives: Personnel Services - To support Overtime for DUI/Impaired Driving Enforcement Activities Employee Related Expenses - To support Employee Related Expenses for Agency Overtime Materials and Supplies - To purchase/procure the following Materials and Supplies for DUI/Impaired Driving Enforcement Activities: PBT's PRESS RELEASE: Agencies are required to develop and distribute a press release announcing this grant award upon receipt of the executed Contract. A copy of this press release shall be sent to the GOHS Director for approval prior to being sent to the media. This press release shall include the objective and specify that the funding is from the Governor’s Office of Highway Safety. Marana Town Council Meeting 9/17/2019 Page 100 of 319 Marana Police Department GOHS HIGHWAY SAFETY CONTRACT 2020-II-003 5 BAC TESTING AND REPORTING REQUIREMENTS: Alcohol impairment is a major contributing factor in fatality and serious injury motor vehicle collisions. Accurate data on alcohol involvement is essential to understanding the full extent of the role of alcohol and to assess progress toward reducing impaired driving. Each law enforcement agency that receives an enforcement-related grant is required to ensure that accurate data on all drivers involved is reported. Failure to comply may result in withholding funds and cancellation of the enforcement contract until this requirement is met. PURSUIT POLICY: All law enforcement agencies receiving Federal funds are encouraged to follow the guidelines established for vehicular pursuits issued by the International Association of Chiefs of Police (IACP) that are currently in effect. SPECIFIC REQUIREMENTS: BREATH TESTING DEVICES – Requirements for Portable Breath Test Devices (PBTs): The Marana Police Department will be responsible for providing all personnel the appropriate training for using the Portable Breath Test Devices (PBTs) purchased under this Contract. PBTs will be calibrated per the specifications outlined by the respective manufacturer. Written documentation will be maintained by the Agency and will be available upon request for review by GOHS. METHOD OF PROCUREMENT: The application of 2 CFR Part 200 "Procurement Standards" requires that: Grantees and sub-grantees will use their own procurement procedures which reflect applicable State and local laws and regulations, provided the procurement procedures conform to applicable Federal laws and standards. The most stringent purchasing requirement at each level must be met. If the Agency does not have a procurement process, the Agency may use the State procurement process. A clear audit trail must be established to determine costs charged against this Contract. Substantiation of costs shall, where possible, be made utilizing the Marana Police Department documentation consisting of, but not limited to, copies of time sheets, purchase orders, copies of invoices, and proof of payment. The Agency shall retain copies of all documentation in the project file. State Contract: Procurement may be made using an open State contract award. Documents submitted to substantiate purchases using an open State contract must bear the contract number. PROJECT EVALUATION: This project shall be administratively evaluated to ensure the objectives have been met. Marana Town Council Meeting 9/17/2019 Page 101 of 319 Marana Police Department GOHS HIGHWAY SAFETY CONTRACT 2020-II-003 6 Quarterly Report The purpose of the Quarterly Report is to provide information on contracted grant activities conducted at the conclusion of each active quarter. The information provided is used to review progress of the funded project and the successfulness in meeting outlined goals and objectives. The information, photos, highlights, obstacles, and mandatory statistical data provided in this report are analyzed by the assigned Project Coordinator. It is critical the report contains the following information:  Original signatures on all Quarterly Reports and RCIs • All Quarterly Reports and RCIs shall include the signature of the Project Director unless prior authorization for another is on file with GOHS. Report Schedule Reporting Period Due Date 1st Quarterly Report and RCI (October 1 to December 31, 2019) January 30, 2020 2nd Quarterly Report and RCI (January 1 to March 31, 2020) April 20, 2020 3rd Quarterly Report and RCI (April 1 to June 30, 2020) July 20, 2020 4th Quarterly Report and RCI (July 1 to September 30, 2020) October 15, 2020 Final Statement of Accomplishments October 15, 2020 The Quarterly Report shall be completed on the form available on-line and can be submitted by email to the Governor’s Office of Highway Safety. NOTE: IT IS REQUIRED THAT ALL LAW ENFORCEMENT AGENCIES MUST ENTER STATISTICAL AND ENFORCEMENT ACTIVITY INTO THE ON-LINE GOHS DUI REPORTING SYSTEM, IN ADDITION TO SUBMITTING THE QUARTERLY ENFORCEMENT REPORT. Final Statement of Accomplishments The Project Director shall submit a Final Statement of Accomplishments Report to the GOHS no later than fifteen (15) days after the conclusion of each Federal Fiscal Year (September 30th). All agencies receiving funding are required to submit a Final Statement of Accomplishments Report. Note: Failure to comply with the outlined GOHS reporting requirements may result in withholding of Federal funds or termination of the Contract. PROFESSIONAL AND TECHNICAL PERSONNEL: Terry Rozema, Chief of Police, Marana Police Department, shall serve as Project Director. Kristin Taft, Grants Manager, Marana Police Department, shall serve as Project Administrator. Shannon Parks, Governor's Office of Highway Safety, shall serve as Project Coordinator. REPORT OF COSTS INCURRED (RCI): The Agency shall submit a Report of Costs Incurred (RCI), with supporting documentation attached, to the Governor’s Office of Highway Safety on a quarterly basis, for each active quarter, in conjunction with the Marana Town Council Meeting 9/17/2019 Page 102 of 319 Marana Police Department GOHS HIGHWAY SAFETY CONTRACT 2020-II-003 7 required report. Agencies may submit additional RCI forms for expenditures when funds have been expended for which reimbursement is being requested. Accepted supporting documentation to submit with a Report of Cost Incurred (RCI) includes, but is not limited to; scanned copies of timesheets, payroll records, paid invoices/purchase orders, and other account records. RCIs shall be typed and delivered via mail or hand delivered with appropriate supporting documentation to the Governor’s Office of Highway Safety. Electronically submitted RCIs will not be accepted. Final RCIs will not be accepted fifteen (15) days after the conclusion of each Federal Fiscal Year (September 30th). Expenditures submitted after the expiration date may not be reimbursed and the Agency will accept fiscal responsibility. PROJECT MONITORING: Highway safety grant project monitoring is used by GOHS project coordinators to track the progress of project objectives, performance measures, and compliance with applicable procedures, laws, and regulations. The process is used throughout the duration of the contracted project and serves as a continuous management tool. Project monitoring also presents an opportunity to develop partnerships, share information, and provide assistance to contracted agencies. Additionally, project monitoring outlines a set of procedures for project review and documentation. Project monitoring serves as a management tool for:  Detecting and preventing problems  Helping to identify needed changes  Identifying training or assistance needed  Obtaining data necessary for planning and evaluation  Identifying exemplary projects Types of Monitoring Monitoring is formal and informal, financial and operational. The most common types of monitoring are:  Ongoing contact with the contracted grantee through phone calls, e-mails, correspondence, and meetings  On-Site and/or In-House monitoring reviews of project operations, management, and financial records and systems  Review of project Quarterly Reports  Review and approval of Report of Costs Incurred (RCIs)  Desk review of other documents in the project grant files for timely submission and completeness Monitoring Schedule Total Awarded Amount: Type of Monitoring: Under $50,000 Desk Review/Phone Conference $50,000 and over May have an In-House GOHS Review $100,000+ May have an On-Site Review Capital Outlay Greater than $25,000 (combined) May have an On-Site Review Desk Review and Phone Conference Internal review of all written documentation related to contractual project including, but not limited to the Contract, Quarterly Reports, enforcement data, financial data, e-mails, letters, notes, press releases, photographs, inventories, and other written correspondence. A phone Marana Town Council Meeting 9/17/2019 Page 103 of 319 Marana Police Department GOHS HIGHWAY SAFETY CONTRACT 2020-II-003 8 conference call conducted during the course of the project which includes the date and time of the call, the person(s) contacted, and the results. It serves as an informational review to determine progress of programmatic/financial activities. Both the designated project administrator and fiscal contact should be present, if possible, during the phone conference. If identified financial or operational problems are present, GOHS reserves the right to bring the grantee in for an in-house meeting at GOHS. Monitoring form written by Project Coordinator, any findings, areas of improvement, concern, or recognition will be provided to the grantee. In-House Review Documents performance review results including project activities, reimbursement claims review, equipment purchases, approvals, and other information. Reviews applicable information related to the project(s) including, but not limited to the Contract, Quarterly Reports, enforcement data, financial data, e-mails, letters, notes, press releases, photographs, inventories, and other written correspondence. Completed at GOHS in a meeting with appropriate operational and financial personnel. Monitoring form written by Project Coordinator, any findings, areas of improvement, concern, or recognition will be provided to the grantee. On-Site Monitoring Documents performance review results including project activities, reimbursement claims review, equipment purchases, and other information. Reviews applicable information related to the project(s) including, but not limited to the Contract, Quarterly Reports, enforcement data, financial data, e-mails, letters, notes, press releases, photographs, inventories, and other written correspondence. Conducted on-site at the grantee’s Agency with monitoring form completed on-site by Project Coordinator. Any findings, areas of improvement, concern, or recognition, will be provided to the grantee. On-site and/or in-house monitoring for grantees of designated projects with large Capital Outlay purchases, personnel services, and complex projects must be completed within the second or third quarter of the fiscal year. Contracted projects displaying any problems may need on-site monitoring more than once during the fiscal year. On-site and/or In-house monitoring includes a review and discussion of all issues related to ensure the effective administration of the contracted project. The following are the most important items to review:  Progress toward meeting goals/objectives and performance measures  Adherence to the contract specifications, timely submission of complete and correct reports, including required documentation  Quarterly Reports  Status of expenditures related to the outlined budget  Accounting records and RCI's  Supporting documentation (training documentation, inventory sheets, photographs, press releases, etc.) In addition, the designated Agency will ensure that any equipment purchased will be available for inspection and is being used for the purpose for which it was bought under the outlined contractual agreement. Marana Town Council Meeting 9/17/2019 Page 104 of 319 Marana Police Department GOHS HIGHWAY SAFETY CONTRACT 2020-II-003 9 Documentation The Governor’s Office of Highway Safety will retain all findings documented on the GOHS Monitoring Form in the Agency's respective Federal file. Findings will be discussed with the designated contract representative (Project Administrator, fiscal specialist) by phone and/or e-mail. All noted deficiencies will be provided to the grantee with guidance for improvement and solutions to problems. Grantees that exhibit significantly poor performance may be placed on a performance plan as outlined by the GOHS Director. Grantee monitoring information will additionally provide documentation for potential funding in subsequent fiscal year grant proposal review. PROJECT PERIOD: The project period shall commence on the date the GOHS Director signs the Highway Safety Contract and terminate on September 30th of that or subsequent year as indicated on the Highway Safety Contract. DURATION: Contracts shall be effective on the date the Governor’s Office of Highway Safety Director signs the Contract and expire at the end of the project period. If the Agency is unable to expend the funds in the time specified, the Agency will submit notification on the Agency’s letterhead and hand deliver or submit via regular mail to the Director of the Governor's Office of Highway Safety a minimum of sixty days (60) prior to the end of the project period. The Agency shall address all requests to modify the Contract to the Director of the Governor’s Office of Highway Safety on Agency's official letterhead and either hand deliver or submit the request via regular mail. All requests for modification must bear the signature of the Project Director. Failure to comply may result in cancellation of the Contract. Any unexpended funds remaining at the termination of the Contract shall be released back to the Governor’s Office of Highway Safety. Marana Town Council Meeting 9/17/2019 Page 105 of 319 Marana Police Department GOHS HIGHWAY SAFETY CONTRACT 2020-II-003 10 ESTIMATED COSTS: I. Personnel Services (overtime) $28,571.00 II. Employee Related Expenses (ERE) (40%) $11,429.00 III. Professional and Outside Services $0.00 IV. Travel In-State $0.00 V. Travel Out-of-State $0.00 VI. Materials and Supplies PBT's $5,000.00 VII. Capital Outlay $0.00 TOTAL ESTIMATED COSTS *$45,000.00 *Includes all applicable training, tax, freight, and advertising costs. The GOHS reserves the right to limit reimbursement of Employee Related Expenses from zero (0) to a maximum rate of forty (40) percent. This is the maximum ERE amount to be reimbursed. It is agreed and understood that the Marana Police Department shall absorb any and all expenditures in excess of $45,000.00. Marana Town Council Meeting 9/17/2019 Page 106 of 319 Marana Police Department GOHS HIGHWAY SAFETY CONTRACT 2020-II-003 11 QUARTERLY ENFORCEMENT REPORT (Submitted to GOHS) Reporting Period DESCRIPTION CONTRACT ACTIVITY AGENCY ACTIVITY Total Contacts (Traffic Stops) Total Sober Designated Drivers Contacted Total Know Your Limit Contacts TOTAL DUI ARRESTS Total DUI Aggravated Total DUI Misdemeanor Total DUI Extreme (.15 or Above) Under 21 DUI Arrests Average BAC Minor Consumption / Possession Citations Total DUI Drug Arrests 30-Day Vehicle Impounds Seat Belt Citations Child Restraint Citations Criminal Speed Citations Reckless Driving Citations Civil Speed Citations Other Citations (Except Speed) Other Arrests Participating Officer/Deputies (Cumulative) Marana Town Council Meeting 9/17/2019 Page 107 of 319 Marana Police Department GOHS HIGHWAY SAFETY CONTRACT 2020-II-003 12 CERTIFICATIONS AND AGREEMENTS This CONTRACT, is made and entered into by and between the STATE OF ARIZONA, by and through the Governor’s Office of Highway Safety (GOHS) hereinafter referred to as "STATE", and the agency named in this Contract, hereinafter referred to as "AGENCY". WHEREAS, the National Highway Safety Act of 1966, as amended (23 USC §§401-404), provides Federal funds to STATE for approved highway safety projects; and WHEREAS, STATE may make said funds available to various state, county, tribal, or municipal agencies, governments, or political subdivisions upon application and approval by STATE and the United States Department of Transportation (USDOT); and WHEREAS, AGENCY must comply with the requirements listed herein to be eligible for Federal funds for approved highway safety projects; and WHEREAS, AGENCY has submitted an application for Federal funds for highway safety projects; NOW, THEREFORE, IN CONSIDERATION OF MUTUAL PROMISES AND OTHER GOODS AND VALUABLE CONSIDERATION, it is mutually agreed that AGENCY will strictly comply with the following terms and conditions and the following Federal and State Statutes, Rules, and Regulations: I. Project Monitoring, Reports, and Inspections A. AGENCY agrees to fully cooperate with representatives of STATE monitoring the project, either on-site or by telephone, during the life of the Contract. B. AGENCY will submit Quarterly Reports (one for each three-month period of the project year) to STATE in the form and manner prescribed by STATE. Notice of the specific requirements for each report will be given in this Contract or at any time thereafter by giving thirty (30) days written notice to AGENCY by ordinary mail at the address listed on the Contract. Failure to comply with Quarterly Report requirements may result in withholding of Federal funds or termination of this Contract. C. AGENCY will submit a Final Report/Statement of Accomplishment at completion of the Contract to include all financial, performance, and other reports required as a condition of the grant to STATE within thirty (30) days of the completion of the Contract. D. Representatives authorized by STATE and the National Highway Traffic Safety Administration (NHTSA) will have the right to visit the site and inspect the work under this Contract whenever such representatives may determine such inspection is necessary. II. Reimbursement of Eligible Expenses A. AGENCY's Project Director, or Finance Personnel, will submit a Report of Costs Incurred Form (RCI) to STATE each time there have been funds expended for which reimbursement is being requested. Failure to meet this requirement may be cause to terminate the project under Section XX herein, "Termination and Abandonment". Marana Town Council Meeting 9/17/2019 Page 108 of 319 Marana Police Department GOHS HIGHWAY SAFETY CONTRACT 2020-II-003 13 B. AGENCY will reimburse STATE for any ineligible or unauthorized expenses for which Federal funds have been claimed and reimbursement received, as may have been determined by a State or Federal audit. C. STATE will have the right to withhold any installments equal to the reimbursement received by AGENCY for prior installments which have been subsequently determined to be ineligible or unauthorized. III. Property Agreement A. AGENCY will immediately notify STATE if any equipment purchased under this Contract ceases to be used in the manner as set forth by this Contract. In such event, AGENCY further agrees to either give credit to the project cost or to another active highway safety project for the residual value of such equipment in an amount to be determined by STATE or to transfer or otherwise dispose of such equipment as directed by STATE. B. No equipment will be conveyed, sold, salvaged, transferred, etc., without the express written approval of STATE, or unless otherwise provided elsewhere in this Contract. C. AGENCY will maintain or cause to be maintained for its useful life, any equipment purchased under this Contract. D. AGENCY will incorporate any equipment purchased under this Contract into its inventory records. E. AGENCY will insure any equipment purchased under this Contract for the duration of its useful life. Self-insurance meets the requirements of this section. IV. Travel In -State and Out-of-State Travel In state and out-of-state travel claims will be reimbursed at rates provided by AGENCY's regulations, provided that such regulations are as restrictive as those of STATE. Where they are less restrictive, ARS §38-624 will apply. The State must approve all out-of-state travel in writing and in advance. V. Standard of Performance AGENCY hereby agrees to perform all work and services herein required or set forth, and to furnish all labor, materials, and equipment, except that labor, material, and equipment as STATE agrees to furnish pursuant to this Contract. VI. Hold Harmless Agreement Neither party to this agreement agrees to indemnify the other party or hold harmless the other party from liability hereunder. However, if the common law or a statute provides for either a right to indemnify and/or a right to contribution to any party to this agreement then the right to pursue one or both of these remedies is preserved. Marana Town Council Meeting 9/17/2019 Page 109 of 319 Marana Police Department GOHS HIGHWAY SAFETY CONTRACT 2020-II-003 14 VII. Non-Assignment and Sub-Contracts This Contract is not assignable nor may any portion of the work to be performed be subcontracted unless specifically agreed to in writing by STATE. No equipment purchased hereunder may be assigned or operated by other than AGENCY unless agreed to in writing by STATE. VIII. Work Products and Title to Commodities and Equipment A. The work product and results of the project are the property of STATE, unless otherwise specified elsewhere in this Contract. All property, instruments, non-consumable materials, supplies, and the like, which are furnished or paid for by STATE under the terms of this Contract, unless otherwise provided for elsewhere in this Contract, are and remain the property of STATE and will be returned at the completion of this project upon request of STATE. The work product and results of the project will be furnished to STATE upon request, if no provision is otherwise made by this Contract. B. The provisions of subparagraph A apply whether or not the project contracted for herein is completed. IX. Copyrights and Patents Any copyrightable materials, patentable discovery, or invention produced in the course of this project may be claimed by STATE and a copyright or patent obtained by it at its expense. In the event STATE does not wish to obtain such copyright or patent, AGENCY may do so, but in any event, provision will be made by AGENCY for royalty-free, nonexclusive, nontransferable, and irrevocable licenses to be given the United States Government and STATE and its political subdivisions to use such copyrightable material, patented discoveries, or inventions in any manner they see fit. The STATE reserves the right to impose such other terms and conditions upon the use of such copyrights or patents as may be deemed in the best interest of STATE in the event AGENCY is allowed to obtain a copyright or patent. X. Uniform Administrative Requirements (2 CFR Part 1201): Uniform Administrative Requirements, Cost Prinicples, and Audit Requirements for Federal Awards: The application of 2 CFR Part 200 "Procurement Standards" Requires that: AGENCY and sub-grantees will use their own procurement procedures, which reflect applicable State and local laws and regulations, provided that the procurements conform to applicable Federal law. The most stringent purchasing requirement at each level must be met. The Arizona Procurement Code (ARS §41-2501, et. seq.) and promulgated rules (A.A.C. Title 2, Chapter 7) are a part of this Contract as if fully set forth herein and AGENCY agrees to fully comply with these requirements for any procurement using grant monies from this Contract. XI. Non-Discrimination During the performance of this contract/funding agreement, the contractor/funding recipient agrees— A. To comply with all Federal nondiscrimination laws and regulations, as may be amended from time to time; Marana Town Council Meeting 9/17/2019 Page 110 of 319 Marana Police Department GOHS HIGHWAY SAFETY CONTRACT 2020-II-003 15 B. Not to participate directly or indirectly in the discrimination prohibited by any Federal non- discrimination law or regulation, as set forth in Appendix B of 49 CFR part 2l and herein; C. To permit access to its books, records, accounts, other sources of information, and its facilities as required by the State highway safety office, US DOT or NHTSA; D. That, in event a contractor/funding recipient fails to comply with any nondiscrimination provisions in this contract/funding agreement, the State highway safety agency will have the right to impose such contract/agreement sanctions as it or NHTSA determine are appropriate, including, but not limited to, withholding payments to the contractor/funding recipient under the contract/agreement until the contractor/funding recipient complies; and/or cancelling, terminating, or suspending a contract or funding agreement, in whole or in part; and E. To insert this clause, including paragraphs A through E, in every subcontract and subagreement and in every solicitation for a subcontract or sub-agreement, that receives Federal funds under this program. XII. Executive Order 2009-09 It is mutually agreed that AGENCY will comply with the terms and conditions of Executive Order 2009-09, Non-Discrimination in Employment by Government Contractors and Subcontractors. Executive Order 2009-09 is located in Part II of the Project Director's Manual. XIII. Application of Hatch Act The AGENCY will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. XIV. Minority Business Enterprises (MBE) Policy and Obligation A. Policy: It is the policy of the USDOT that minority business enterprises as defined in 49 CFR Part 23, will have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds under this Contract. Consequently, the minority business enterprises requirements of 49 CFR Part 23 apply to this Contract. B. Obligation: The recipient or its contractor agrees to ensure that minority business enterprises, as defined in 49 CFR Part 23, have the subcontracts financed in whole or in part with Federal funds provided under this Contract. In this regard, all recipients or contractors will take all necessary and reasonable steps in accordance with 49 CFR, Part 23 to ensure that minority business enterprises have the maximum opportunity to compete for and perform contracts. Recipients and their contractors will not discriminate on the basis of race, color, creed, sex, or national origin in the award and performance of USDOT-assigned contracts. XV. Arbitration Clause, ARS §12-1518 Pursuant to ARS §12-1518, the parties agree to use arbitration, after exhausting applicable administrative reviews, to resolve disputes arising out of this Contract where the provisions of mandatory arbitration apply. Marana Town Council Meeting 9/17/2019 Page 111 of 319 Marana Police Department GOHS HIGHWAY SAFETY CONTRACT 2020-II-003 16 XVI. Inspection and Audit, ARS §35-214 Pursuant to ARS §35-214, all books, accounts, reports, files, and other records relating to this Contract will be subject at all reasonable times to inspection and audit by STATE for five (5) years after completion of this Contract. The records will be produced at the Governor’s Office of Highway Safety. XVII. Appropriation of Funds by U.S. Congress It is agreed that in no event will this Contract be binding on any party hereto unless and until such time as funds are appropriated and authorized by the U.S. Congress and specifically allocated to the project submitted herein and then only for the fiscal year for which such allocation is made. In the event no funds are appropriated by the U.S. Congress or no funds are allocated for the project proposed herein for subsequent fiscal years, this Contract will be null and void, except as to that portion for which funds have then been appropriated or allocated to this project, and no right of action or damages will accrue to the benefit of the parties hereto as to that portion of the Contract or project that may so become null and void. XVIII. Continuation of Highway Safety Program It is the intention of AGENCY to continue the Highway Safety Program identified in this Contract once Federal funding is completed. This intended continuation will be based upon cost effectiveness and an evaluation by AGENCY of the program's impact on highway safety. XIX. E-Verify Both parties acknowledge that immigration laws require them to register and participate with the E- Verify Program (employment verification program administered by the United States Department of Homeland Security and the Social Security Administration or any successor program) as they both employ one or more employees in this State. Both parties warrant that they have registered with and participate with E-Verify. If either party later determines that the other non-compliant party has not complied with E-Verify, it will notify the non-compliant party by certified mail of the determination and of the right to appeal the determination. XX. Termination and Abandonment A. The STATE and AGENCY hereby agree to the full performance of the covenants contained herein, except that STATE reserves the right, at its discretion, to terminate or abandon any portion of the project for which services have not been already performed by AGENCY. B. In the event STATE abandons the services or any part of the services as herein provided, STATE will notify AGENCY in writing and within twenty-four (24) hours after receiving such notice, AGENCY will discontinue advancing the work under this Contract and proceed to close said operations under the Contract. C. The appraisal value of work performed by AGENCY to the date of such termination or abandonment shall be made by STATE on a basis equitable to STATE and AGENCY and a final reimbursement made to AGENCY on the basis of costs incurred. Upon termination or abandonment, AGENCY will deliver to STATE all documents, completely or partially completed, together with all unused materials supplied by STATE. D. AGENCY may terminate or abandon this Contract upon thirty (30) days written notice to STATE, provided there is subsequent concurrence by STATE. Termination or abandonment by AGENCY Marana Town Council Meeting 9/17/2019 Page 112 of 319 Marana Police Department GOHS HIGHWAY SAFETY CONTRACT 2020-II-003 17 will provide that costs can be incurred against the project up to and including sixty (60) days after notice is given to STATE. E. Any equipment or commodities which have been purchased as a part of this Contract and which have not been consumed or reached the end of its useful life will be returned to STATE upon its written request. XXI. Cancellation Statute All parties are hereby put on notice that this Contract is subject to cancellation pursuant to ARS §38- 511, the provisions of which are stated below. In accordance with ARS §38-511, this Contract may be cancelled without penalty or further obligation if any person significantly involved in initiating, negotiating, securing, drafting, or creating the Contract on behalf of the STATE, its political subdivisions or any department or agency of either, is at any time while the Contract or any extension of the Contract is in effect, an employee of any other party to the Contract in any capacity or a consultant to any other party of the Contract with respect to the subject matter or the Contract. The cancellation shall be effective when written notice from the Governor or Chief Executive Officer or governing body of the political subdivision is received by all other parties to the Contract unless the notice specifies a later time. AGREEMENT OF UNDERSTANDING AND CERTIFICATION OF COMPLIANCE Acceptance of Condition It is understood and agreed by the undersigned that a grant received as a result of this Contract is subject to the Highway Safety Act of 1966, as amended (23 U.S.C.A. §§401-404), ARS §28-602, and all administrative regulations governing grants established by the USDOT and STATE. It is expressly agreed that this Highway Safety Project constitutes an official part of the STATE's Highway Safety Program and that AGENCY will meet the requirements as set forth in the accompanying Project Director's Manual, which are incorporated herein and made a part of this Contract. All State and Federal Statutes, Rules, Regulations, and Circulars referenced in this Contract are a part of this document as if fully set forth herein. It is also agreed that no work will be performed nor any obligation incurred until AGENCY is notified in writing that this project has been approved by the Governor's Highway Safety Representative. Certificate of Compliance This is to certify that AGENCY will comply with all of the State and Federal Statutes, Rules and Regulations identified in this Contract. Certification of Non-Duplication of Grant Funds Expenditure This is to certify that AGENCY has no ongoing nor completed projects under contract with other Federal fund sources which duplicate or overlap any work contemplated or described in this Contract. It is further certified that any pending or proposed request for other Federal grant funds which would duplicate or overlap work described in the Contract will be revised to exclude any such duplication of grant fund expenditures. It is understood that any such duplication of Federal funds expenditures subsequently determined by audit will be subject to recovery by STATE. Marana Town Council Meeting 9/17/2019 Page 113 of 319 Marana Police Department GOHS HIGHWAY SAFETY CONTRACT 2020-II-003 18 Single Audit Act If your political subdivision has had an independent audit meeting the requirements of the Single Audit Act of 1984, (31 U.S.C.A. §7501 et. seq.), please forward a copy to GOHS, Attention: Fiscal Services Officer, within thirty (30) days of the effective date of this Contract. If such audit has not been performed, please advise when it is being scheduled. Buy America Act The State and each subrecipient will comply with the Buy America requirement (23 U.S.C. 313) when purchasing items using Federal funds. Buy America requires a State, or subrecipient, to purchase with Federal funds only steel, iron, and manufactured products produced in the United States, unless the Secretary of Transportation determines that such domestically produced items would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project contract by more than twenty-five (25) percent. In order to use Federal funds to purchase foreign produced items, the State must submit a waiver request that provides an adequate basis and justification to and approved by the Secretary of Transportation. Prohibition on Using Grant Funds to Check for Helmet Usage The State and each subrecipient will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists. Certification Regarding Debarment and Suspension A. By signing and submitting this proposal, the prospective primary participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200. B. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective primary tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary tier participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction. C. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default or may pursue suspension or debarment. D. The prospective primary tier participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary tier participant learns its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. E. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 Marana Town Council Meeting 9/17/2019 Page 114 of 319 Marana Police Department GOHS HIGHWAY SAFETY CONTRACT 2020-II-003 19 and 1200. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations. F. The prospective primary tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. G. The prospective primary tier participant further agrees by submitting this proposal that it will include the clause titled Instructions for Lower Tier Certification including the Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion—Lower Tier Covered Transaction, provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200. H. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website (https://www.sam.gov). I. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. J. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal government, the department or agency may terminate the transaction for cause of default. Marana Town Council Meeting 9/17/2019 Page 115 of 319 Marana Police Department GOHS HIGHWAY SAFETY CONTRACT 2020-II-003 20 Certification Regarding Debarment, Suspension, and Other Responsibility Matter A. The prospective primary tier participant certifies to the best of its knowledge and belief, that it and its principal: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency; 2. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of record, making false statements, or receiving stolen property; 3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or Local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and 4. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default. B. Where the prospective primary tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Instructions for Lower Tier Certification A. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200. B. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment. C. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. D. The terms covered transaction, debarment, suspension, ineligible, lower tier, participant, person, primary tier, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations. E. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, Marana Town Council Meeting 9/17/2019 Page 116 of 319 Marana Police Department GOHS HIGHWAY SAFETY CONTRACT 2020-II-003 21 debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. F. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled "Instructions for Lower Tier Participant Certification" including the "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion- Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200. G. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions Website (https://www.sam.gov). H. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. I. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion A. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency. B. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Marana Town Council Meeting 9/17/2019 Page 117 of 319 Marana Police Department GOHS HIGHWAY SAFETY CONTRACT 2020-II-003 22 REIMBURSEMENT INSTRUCTIONS 1. Agency Official preparing the Report of Costs Incurred: Name: Title: Telephone Number: Fax Number: E-mail Address: 2. Agency's Fiscal Contact: Name: Title: Telephone Number: Fax Number: E-mail Address: Federal Identification Number: 3. REIMBURSEMENT INFORMATION: Warrant/Check to be made payable to: Warrant/Check to be mailed to: (Agency) (Address) (City, State, Zip Code) 4. DUNS Number: (DUNS #) (Registered Address & Zip Code) Marana Town Council Meeting 9/17/2019 Page 118 of 319 Marana Police Department GOHS HIGHWAY SAFETY CONTRACT 2020-II-003 23 Restriction on State Lobbying None of the funds under this program will be used for any activity specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect (e.g., "grassroots") lobbying activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal. Certification for Contracts, Grant, Loans, and Cooperative Agreements (Federal Lobbying) The undersigned certifies, to the best of his or her knowledge and belief, that: A. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. B. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. C. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients will certify and disclose accordingly. D. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Signature of Project Director: Signature of Authorized Official of Governmental Unit: Terry Rozema, Chief of Police Jamsheed Mehta, Town Manager Marana Police Department Town of Marana Date Telephone Date Telephone Marana Town Council Meeting 9/17/2019 Page 119 of 319 Marana Police Department GOHS HIGHWAY SAFETY CONTRACT 2020-II-003 24 AUTHORITY & FUNDS 1. This Project is authorized by 23 U.S.C. §405 and regulations promulgated there under, more particularly Volume 102, and if State funds are involved, this project is authorized by ARS §28-602. The funds authorized for this Project have been appropriated and budgeted by the U.S. Department of Transportation. The expenses are reimbursable under Arizona's Highway Safety Plan Program Area 405d, as approved for by the National Highway Traffic Safety Administration. 2. A. EFFECTIVE DATE: B. FEDERAL FUNDS: Authorization to Proceed Date $45,000.00 3. AGREEMENT AND AUTHORIZATION TO PROCEED by State Official responsible to Governor for the administration of the State Highway Safety Agency Alberto Gutier, Director Approval Date Governor's Office of Highway Safety Governor's Highway Safety Representative Marana Town Council Meeting 9/17/2019 Page 120 of 319      Council-Regular Meeting   C5        Meeting Date:09/17/2019   To:Mayor and Council From:Laine Sklar, Town Magistrate Date:September 17, 2019 Strategic Plan Focus Area: Not Applicable Subject:Resolution No. 2019-092: Relating to Municipal Court; approving the reappointment of Michael Aaron, Kenneth Bowman, Maria Felix, and Ronald Newman and the appointment of Frank Anjakos as magistrates pro tempore for the Marana Municipal Court (Laine Sklar) Discussion: Section 5-2-1 of the Marana Town Code provides that the Town Council may appoint magistrates pro tempore for the purposes of hearing a particular case or acting as the Town Magistrate in the Town Magistrate's absence.  Town Magistrate, Laine Sklar, has determined it is necessary to appoint qualified individuals to serve as magistrates pro tempore on an as needed basis in the Marana Municipal Court.  On January 16, 2018, on the recommendation of Judge Sklar, the Council appointed Michael Aaron, Kenneth Bowman, and Ronald Newman as magistrates pro tempore with a term expiring on September 30, 2019.  On April 16, 2019, on the recommendation of Judge Sklar, the Council appointed Maria Felix as magistrate pro tempore with a term expiring September 30, 2019.  Judge Sklar now recommends reappointment of these individuals as magistrates pro tempore for a two year term from October 1, 2019 to September 30, 2021, to coincide with Judge Sklar's contract with the Town.  All four magistrates pro tempore continue to meet the qualifications imposed by Arizona law and have demonstrated the requisite skill and character to perform as magistrates pro tempore.   Additionally, Judge Sklar recommends that additional judges pro tempore be appointed to ensure full court coverage in the event of her absence.  As a result, Judge Sklar conducted an open process calling for applications for the position.  After review of Marana Town Council Meeting 9/17/2019 Page 121 of 319 those applications, Judge Sklar now recommends the Council appoint Frank Anjakos as an additional magistrate pro tempore to be used on an as needed basis when Judge Sklar is unavailable for court.  The appointment of Frank Anjakos would be for a two year term from October 1, 2019 to September 30, 2021, to coincide with Judge Sklar's contract with the Town.  Based on Judge Sklar's review, Frank Anjakos meets the qualifications imposed by Arizona law and possesses the requisite skill and character to perform the duties of a magistrate pro tempore. Staff Recommendation: Staff recommends approval of this resolution and reappointment of Michael Aaron, Kenneth Bowman, Maria Felix, and Ronald Newman, and the appointment of Frank Anjakos, as magistrates pro tempore for the Marana Municipal Court. Suggested Motion: I move to adopt Resolution No. 2019-092, approving the reappointment of Michael Aaron, Kenneth Bowman, Maria Felix, and Ronald Newman, and the appointment of Frank Anjakos, as magistrates pro tempore for the Marana Municipal Court. Attachments Resolution 2019-092 Appointing Magistrates Pro Tempore Marana Town Council Meeting 9/17/2019 Page 122 of 319 - 1 - MARANA RESOLUTION NO. 2019-092 RELATING TO MUNICIPAL COURT; APPROVING THE REAPPOINTMENT OF MICHAEL AARON, KENNETH BOWMAN, MARIA FELIX AND RONALD NEWMAN AND THE APPOINTMENT OF FRANK ANJAKOS AS MAGISTRATES PRO TEMPORE FOR THE MARANA MUNICIPAL COURT. WHEREAS Section 5-2-1 of the Marana Town Code provides that the Town Council may appoint special magistrates or acting magistrates, also known as magistrates pro tem- pore, for the purposes of hearing a particular case or acting as the Town Magistrate in the Town Magistrate’s absence; and WHEREAS the Town Council, upon recommendation of the Town Magistrate, the Honorable Laine Sklar, has determined that it is necessary to appoint qualified individuals to serve as magistrates pro tempore on an as -needed basis in the Marana Municipal Court; and WHEREAS the Town Magistrate solicited applications for magistrates pro tempore and based upon applications received and reviewed by the Town Magistrate, recommends that the Town Council appoint Frank Anjakos to serve as magi strate pro tempore on an as- needed basis; and WHEREAS on January 16, 2018, via Resolution No. 20 18-003, the Town Council re- appointed Michael Aaron, Kenneth Bowman, and Ronald Newman as magistrates pro tempore with a term expiring on September 30, 2019; and WHEREAS on April 16, 2019, via Resolution No. 201 9-031, the Town Council ap- pointed Maria Felix as magistrate pro tempore with a term expiring on September 30, 2019; and WHEREAS the Town Magistrate recommends that the Town Council reappoint Mi- chael Aaron, Kenneth Bowman, Maria Felix, and Ronald Newman to continue their service as magistrates pro tempore on an as -needed basis; and WHEREAS the Town Council finds that these individual s meet the qualifications imposed by Arizona law and possess the requisite sk ill and character to perform as magis- trates pro tempore . Marana Town Council Meeting 9/17/2019 Page 123 of 319 - 2 - NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that Michael Aaron, Kenneth Bowman, Maria Felix, and Ronald Newman are hereby reappointed to continue their service as magistrates pro tem- pore for the Marana Municipal Court on an as-needed basis , and Frank Anjakos is ap- pointed to serve as magistrate pro tempore for the Marana Municipal Court on an as - needed basis , effective Octo ber 1, 2019 through September 30, 2021. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizo- na, this 17th day of September, 2019. Mayor Ed Honea ATTEST: Cherry L. Lawson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Town Council Meeting 9/17/2019 Page 124 of 319      Council-Regular Meeting   C6        Meeting Date:09/17/2019   To:Mayor and Council Submitted For:Keith Brann, Town Engineer From:Glenn Phillips, Civil Engineering Specialist Date:September 17, 2019 Strategic Plan Focus Area: Not Applicable Subject:Resolution No. 2019-093: Relating to Development; approving a release of assurances for Del Webb at Dove Mountain VII Lots 455-553 subdivision and accepting public improvements for maintenance (Keith Brann) Discussion: Pulte Homes has an assurance agreement with the Town to construct Del Webb at Dove Mountain VII Lots 455-553 subdivision. Pulte has completed the required public improvements and has requested release of the third party trust assurance agreement. With the adoption of this proposed resolution, the Town will accept for maintenance, including maintenance of regulatory traffic control and street signs, approximately 0.86 miles of the following paved streets as shown on the plat of Del Webb at Dove Mountain VII: Dear Creek Trail Cliff Spring Trail Fire Point Trail Staff Recommendation: Staff recommends adoption of Resolution 2019-093, approving a release of assurances for Del Webb at Dove Mountain VII Lots 455-553 subdivision and accepting public improvements for maintenance. Marana Town Council Meeting 9/17/2019 Page 125 of 319 Suggested Motion: I move to adopt Resolution 2019-093, approving a release of assurances for Del Webb at Dove Mountain VII Lots 455-553 subdivision and accepting public improvements for maintenance. Attachments Resolution 2019-093 Release of Assurances Del Webb at Dove Mtn. VII Exhibit 1 Marana Town Council Meeting 9/17/2019 Page 126 of 319 00065390.DOCX /1 Resolution No. 2019 -093 - 1 - 9/3/2019 9:20 AM MARANA RESOLUTION NO. 201 9-093 RELATING TO DEVELOPMENT; APPROVING A RELEASE OF ASSURANCES FOR DEL WEBB AT DOVE MOUNTAIN VII LOTS 455-553 SUBDIVISION AND ACCEPTING PUBLIC IMPROVEMENTS FOR MAINTENANCE WHEREAS the final plat for ‘Del Webb at Dove Mountain VII, Lots 455 – 553 and Common Area “A” (Drainage/Open Space)’ (“Del Webb at Dove Mountain VII”) was recorded in the Pima County Recorder’s Office on June 12, 2018, at Sequence 20181630094; and WHEREAS the Town has a third party trust substitute assurance agreement (the “Assurance Agreement”) with Pulte Home Company, LLC (the “Subdivider”) and Landmark Title Assurance Agency of Arizona, LLC, as Trustee under trust number 18300-T, recorded in the Pima County Recorder’s office on June 12, 2018, at Sequence 20181630100, assuring the completion of public improvements for Del Webb at Dove Mountain VII; and WHEREAS the Subdivider has completed the public improvements for Del Webb at Dove Mountain VII acceptable to Town stand ards in accordance with the Assurance Agreement. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana as follows: Section 1. The Assurance Agreement is hereby released . Section 2. The Town accepts for maintenance, including maint enance of regulatory traffic control and street signs, approximately 0.86 miles of the following paved streets as shown on the plat of Del Webb at Dove Mountain VII: • Dear Creek Trail • Cliff Spring Trail • Fire Point Trail PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 17th day of September 2019. Mayor Ed Honea Marana Town Council Meeting 9/17/2019 Page 127 of 319 00065390.DOCX /1 Resolution No. 2019 -093 - 2 - 9/3/2019 9:20 AM ATTEST: Cherry L. Lawson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Town Council Meeting 9/17/2019 Page 128 of 319 Marana Town Council Meeting 9/17/2019 Page 129 of 319    Council-Regular Meeting   C7        Meeting Date:09/17/2019   To:Mayor and Council Submitted For:Scott Schladweiler, Interim Water Director From:Asia Philbin, Water Resources Coordinator Date:September 17, 2019 Strategic Plan Focus Area: Commerce Subject:Resolution No. 2019-094: Relating to Utilities; approving and authorizing the Water Director to sign Amendment No. 2 to Resource Aggregation Contract No. 11 DSR 12215 among United States Department of Energy Western Area Power Administration, Town of Marana, Arizona Water Department, and Arizona Electric Power Cooperative, Inc. (Scott Schladweiler)   Discussion: The Town contracted with United States Department of Energy Western Area Power Administration (WAPA) for firm electric service from the Parker-Davis Project from September 2008 through September 2028. WAPA, Marana, and AEPCO entered into a separate aggregation contract in March of 2011, which included Marana's and AEPCO's electrical loads and generation resources for power scheduling; and designated AEPCO as Marana’s Administrative Agent, to manage and act on behalf of Marana in the performance of its original contract with WAPA. Through the aggregation contract, Marana benefits from AEPCO services and a mechanism to be credited for any unused scheduled and pre-paid power. This amendment extends the contract through the term of Marana's original contract with WAPA. Financial Impact: Fiscal Year:2020 through 2029 Marana Town Council Meeting 9/17/2019 Page 130 of 319 Budgeted Y/N: Y Amount:$20,000 The amount presented represents approximate current annual savings from pass-through credits on electric bills.  Staff Recommendation: Staff recommends adoption of Resolution 2019-094, approving and authorizing the Water Director to sign Amendment No.2 to Resource Aggregation agreement among United States Department of Energy Western Area Power Administration, Town of Marana, and AEPCO. Suggested Motion: I move to adopt Resolution 2019-094, approving and authorizing the Water Director to sign Amendment No.2 to Resource Aggregation agreement among United States Department of Energy Western Area Power Administration, Town of Marana, and AEPCO. Attachments Resolution 2019-094 WAPA Resource Aggregation Contract Amend 2 FinalDraftAgmt Marana Town Council Meeting 9/17/2019 Page 131 of 319 00065477.DOCX /1 Resolution No. 2019 -094 - 1 - 9/6/2019 2:40 PM MARANA RESOLUTION NO. 201 9-094 RELATING TO UTILITIE S; APPROVING AND AUTHORIZING THE WATER DIRECTOR TO SIGN AMENDMENT NO. 2 TO RESOURCE AGGREGATION CONTRACT NO. 11 DSR 12215 AMONG UNITED STATES DEPARTMENT OF ENERGY WESTERN AREA POWER ADMINISTRATION, TOWN OF MARANA, ARIZONA WATER DEPARTMENT, AND ARIZONA ELECTRIC POWER COOPERATIVE, INC. WHEREAS the United States Department of Energy Western Area Power Admin- istration allocated 1000 kW of electrical power (hydropower) from the Parker-Davis Pro- ject Electric Service to the Town of Marana Utilities Department (now named the Water Department by Marana Ordinance No. 2015.015); and WHEREAS the Town of Marana, the United States Department of Energy Western Area Power Administration, and Arizona Electric Power Cooperative, Inc. entered into Resource Aggregation Contract No. 11 DSR 12215 dated March 3, 2011, allowing the Wa- ter Department to lay off its unused hydropower to Arizona Electric Power Cooperative, Inc., and be reimbursed for all cost to Marana , saving the Water Department approxi- mately $20,000 per year; and WHEREAS the current term of the Resource Aggregation Contract , as previously amended by Marana Resolution No. 2015 -067, ends on September 30, 2019, and the par- ties desire to extend it; and WHEREAS the Mayor and Council of the Town of Marana find that further exten- sion of the Resource Aggregation Contract is in the best interests of the Town of Marana and the public. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, that Amendment No. 2 to Resource Aggregation Contract No. 11 DSR 12215 is hereby approved , and the Water Director of the Town of Marana is hereby authorized to execute it in substanti ally the form attached as Exhibit A to and incorporated by this reference in this resolution, for and on behalf of the Town of Marana , extending the term of the Resource Aggregation Contract to September 30, 20 28. IT IS FURTHER RESOLVED that the Town’s Manager and staff are hereby di- rected and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, and objectives of the contract as so amended. Marana Town Council Meeting 9/17/2019 Page 132 of 319 00065477.DOCX /1 Resolution No. 2019 -094 - 2 - 9/6/2019 2:40 PM PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 17th day of September, 2019. Mayor Ed Honea ATTEST: Cherry L. Lawson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Town Council Meeting 9/17/2019 Page 133 of 319 i AMENDMENT NO. 2 TO CONTRACT NO. 11-DSR -12215 AMONG UNITED STATES DEPARTMENT OF ENERGY WESTERN AREA POWER ADMINISTRATION Desert Southwest Regional Office Parker-Davis Project Salt Lake City Area Integrated Projects AND TOWN OF MARANA, ARIZONA WATER DEPARTMENT AND ARIZONA ELECTRIC POWER COOPERATIVE, INC. FOR RESOURCE AGGREGATION Table of Contents Section Title Page No. 1 Preamble ....................................................................................... 1 2 Explanatory Recitals .................................................................... 2 3 Agreement .................................................................................... 2 4 Modification o f Section 5 of the Original Contract ..................... 2 (Effective Date and Term) 5 Term o f Amendment .................................................................... 2 6 Original Contract to Remain in Effect ......................................... 2 7 Execution in Counterpart ............................................................. 2 8 Authority to Execute .................................................................... 3 Signature Clause .................................................................................................. 4 Marana Town Council Meeting 9/17/2019 Page 134 of 319 1 AMENDMENT NO. 2 TO CONTRACT NO. 11-DSR -12215 AMONG UNITED STATES DEPARTMENT OF ENERGY WESTERN AREA POWER ADMINISTRATION Desert Southwest Regional Office Parker-Davis Project Salt Lake City Area Integrated Projects AND TOWN OF MARANA, ARIZONA WATER DEPARTMENT AND ARIZONA ELECTRIC POWER COOPERATIVE, INC. FOR RESOURCE AGGREGATION 1. PREAMBLE: This Amendment No. 2 (Amendment) is made this day of , 2019, as part of Contract No. 11-DSR-12215 (Original Contract), among Western Area Power Administration (WAPA), the Town of Marana, Arizona Utilities Department (Marana) (now renamed the Water Department by Marana Ordinance 2015.015), and the Arizona Electric Power Cooperative, Inc. (AEPCO ), pursuant to the same authorities as the Original Contract and subject to all of the provisions of the Original Contract, except as amended herein. WAPA, Marana, and AEPCO may individually be referred to as Party and collectively as Parties; except that Marana and AEPCO may be referred to individually as Contractor and collectively as Contractors. Marana Town Council Meeting 9/17/2019 Page 135 of 319 2 2. EXPLANATORY RECITALS : 2.1 The Contractors have entered into contracts with WAPA for firm electric service from the P-DP and/or SLCA/IP. 2.2 The Parties entered into the Original Contract to include the Contractors’ electrical loads and generation resources for power scheduling; and have AEPCO, as Marana’s Administrative Agent, manage and act on behalf of Marana in the performance of the Original Contract. 2.3 The Parties now desire to extend the term of the Original Contract. 3. AGREEMENT: The Parties agree to the terms and conditions set forth herein. 4. MODIFICATION OF SECTION 5 OF THE ORIGINAL CONTRACT (EFFECTIVE DATE AND TERM ): Section 5 of the Original Contract is deleted in its entirety and replaced with the following: “This Contract, as amended herein, shall become effective upon execution, and except as otherwise provided for in Section 9, shall remain in effect until midnight, September 30, 2028.” 5. TERM OF AMENDMENT: This Amendment shall become effective upon execution, and shall remain in effect and terminate concurrently with the Original Contract, as amended. 6. ORIGINAL CONTRACT TO REMAIN IN EFFECT : Except as expressly modified by this Amendment, the Original Contract shall remain in force and effect, and this Amendment shall be subject to all terms of the Original Contract. 7. EXECUTION IN COUNTERPART: This Amendment may be executed in any number of counterparts and, upon execution and delivery by each Party, the executed and Marana Town Council Meeting 9/17/2019 Page 136 of 319 3 delivered counterparts together shall have the same force and effect as an original instrument as if all Parties had signed the same instrument. Any signatur e page of this Amendment may be detached by any counterpart of this Amendment without impairing the legal effect of any signatures thereon, and may be attached to another counterpart of this Amendment identical in form hereto, by having attached to it one or more signature pages. 8. AUTHORITY TO EXECUTE : Each individual signing this Amendment certifies that the Party represented has duly authorized such individual to execute this Amendment that binds and obligates the Party. Marana Town Council Meeting 9/17/2019 Page 137 of 319 4 The Parties named below have caused this Amendment No. 2 to Contract No. 11-DSR-12215 to be executed in accordance with Section 1 herein. DEPARTMENT OF ENERGY WESTERN AREA POWER ADMINISTRATION By Jimmy Kendrick Title Vice President of Power Marketing for Desert Southwest Region Address Desert Southwest Region P.O. Box 6457 Phoenix, AZ 85005-6457 TOWN OF MARANA, ARIZONA WATER DEPARMENT By Scott Schladweiler ATTEST: Title Acting Water Director __________________ Address 5100 West Ina Road __________________ Marana, AZ 85743 Title Marana Town Council Meeting 9/17/2019 Page 138 of 319 5 The Party named below have caused this Amendment No. 2 to Contract No. 11-DSR-12215 to be executed in accordance with Section 1 herein. ARIZONA ELECTRIC POWER COOPERATIVE, INC. By Patrick F. Ledger Title Executive Vice President and Chief Executive Officer ATTEST Address Arizona Electric Power Cooperative, Inc. 1000 South Highway 80 Title Benson, Arizona 85602-3631 Marana Town Council Meeting 9/17/2019 Page 139 of 319      Council-Regular Meeting   C8        Meeting Date:09/17/2019   To:Mayor and Council From:Cherry L. Lawson, Town Clerk Date:September 17, 2019 Subject:Approval of the September 3, 2019 Regular Council Meeting Summary Minutes (Cherry L. Lawson) Attachments 09/03/2019 Regular Council Meeting Summary Minutes Marana Town Council Meeting 9/17/2019 Page 140 of 319 September 3, 2019 Regular Council Meeting Summary Minutes 1 MARANA TOWN COUNCIL REGULAR COUNCIL MEETING 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers September 3, 2019, at or after 7:00 PM Ed Honea, Mayor Jon Post, Vice Mayor David Bowen, Council Member Patti Comerford, Council Member Herb Kai, Council Member John Officer, Council Member Roxanne Ziegler, Council Member SUMMARY MINUTES CALL TO ORDER AND ROLL CALL Mayor Honea called the meeting to order at 7:00 PM and directed the Clerk to call the roll. Vice Mayor Jon Post; Council Members Dave Bowen, Patti Comerford, Herb Kai (Excused), Roxanne Ziegler (Excused) and John Officer were present. There was a quorum of council members present constituting a quorum. PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE: Led by Mayor Honea. APPROVAL OF AGENDA Vice Mayor Post mo ved and Council Member Comerford seconded the motion to approve the agenda and removing Item B1 from the agenda. Motion passed, unanimously: 5-0. CALL TO THE PUBLIC Mayor Honea opened the meeting to receive public comments. The following individuals provided comments to the Council. Marana Town Council Meeting 9/17/2019 Page 141 of 319 September 3, 2019 Regular Council Meeting Summary Minutes 2 Hilary Parry, representative of website service named JustServe.org spoke to Council regarding it is a service for those who are interested in serving as a volunteer, and for those entities that are looking for volunteers. She presented two bags for the Marana Police Department to use for families or individuals in need of comfort during a crisis or other situation. Linda Zupia, speaking on behalf of the Marana Stake Public Affairs Department with the Church of Jesus Christ and Latter Day Saints. It is estimated that one in five youth suffers from mental health illness. The Marana Stake of the Church of Jesus Christ and Latter Day Saints will be hosting a Youth Mental Health First Aid training class on September 28 from 8am to 5pm. The training is provided by Arizona Youth Partnership from a grant provided by Substance Abuse and Mental Health Services Administration. Participants will be provided training on identifying signs and symptoms of mental illness as well as those resources that are available to youths and their families. At the end of the eight hour training, participants will receive a 10 question quiz and upon passing with six or greater score, the participants will be certified with the National Council on Behavioral Health as a Mental Health First Aider. Sharon Foltz spoke to Council regarding the General Plan and complimented the staff on presentation of it. She wished to advocate for three areas of the General Plan once it has been ratified by the electors, policies become developed and programs implemented as foll ows: Section 4 – Tree planting across the Marana community, as well as protecting mature trees; increase water harvesting so that all commercial properties plant their trees they will do water harvesting which will eliminate tree boxes; and last all construction and renovations are plumbed for gray water for the use of watering local vegetation. PROCLAMATIONS Proclamation declaring the week of September 23 -29, 2019 as Diaper Need Awareness Week (Cherry L. Lawson) MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS Council Member Comerford reported that she had attended the Arizona League of Cities and Towns Conference at Starr Pass that it was a great conference that was full of training opportunities. Mayor Honea reported that he attended the Arizona League of Cities and Towns Conference at Starr Pass . O ne of the most valuable assets at the League is networking with fellow elected officials and staff members from other cities and towns . I spent a couple hours with Mayor Joe Winfield of Oro Valley who is just getting started in the political world. He enjoyed spending that time with him and the other members during the conference. Marana Town Council Meeting 9/17/2019 Page 142 of 319 September 3, 2019 Regular Council Meeting Summary Minutes 3 MANAGER’S REPORT: SUMMARY OF CURRENT EVENTS Town Manager Jamsheed Mehta commented on the Executive Report and reported that the Town had a total of 62 single -family home construction permits approved in August that includes 60 in subdivisions and two custom homes. That total is slightly lower than what Marana has seen in previous months of 80 or higher in permits. These fluctuations do not concern staff at this time as these ebbs and flows vary throughout the year. He reported that Tony Hunter, Assistant to the Town Manager (formerly) today is his last day with the Town as he has accepted a position working with the State of Arizona. Mr. Hunter had been involved in practically every aspect of what we are involved in specially in the Manager’s office from customer service of all aspects including meeting with residents on whatever their concerns were he's been our legislative liaison for all our legislative issues ; not just at the State Capital but also at the F ederal level as well dealing with Senators and Congress members. Mr. Hunter was the Project Manager for the deer monument at T angerine Road from bringing it from a concept to actually getting constructed , and arranging the opening ceremonies that led up to it . He had also been involved in every aspect of the process in streamlining Development Services. Mr. Mehta expressed his appreciation for Mr. Hunter’s work with the Town and stated he will be missed. Mr. Mehta reported that the Parks and Recreation Department took home a state award during an annual event organized by the states Parks and Recreation Association . Marana was one of 20 recipients although there were 60 submissions in different categories to have wo n the award that falls under the category of Outstanding Adaptive Program. Marana Parks and Recreation introduced for the first time a programming event targeting a particular population group that has traditionally been und erserved. We have two recreation staff members Kevin Goodrich and Olivia Salazar who were instrumental in planning this event and there were several other departments that also participated in in making it happen. Marana had 130 recipients to participate in that event last year. In this category the re were 12 categories and Marana received the highest award in one of those categories . He congratulated the Parks and Recreation Department for receiving the Outstanding Recreation Award for Adaptive Recreation. PRESENTATIONS P1 Relating to Traffic and Highways; presentation, update, and discussion regarding the Regional Transportation Authority (RTA) Program (Cherry L. Lawson) Marana Town Council Meeting 9/17/2019 Page 143 of 319 September 3, 2019 Regular Council Meeting Summary Minutes 4 Mindy Blake, Regional Transp ortation Authority and Pima Association of Governments Representative provided a PowerPoint Presentation (on file in the Town Clerk’s Office) on the efforts of the RTA which included a video clip of Nathan Barrett, Senior Transportation Planner with Pima Association of Governments on how the RTA manages and disperses funding for the region transportation needs. CONSENT AGENDA Council Member Bowen motion to approve the Consent Agenda, and Vice Mayor Post seconded the motion. The motion passed, 5-0. C1 Resolution No. 2019-080: Relating to the Police Department; approving and authorizing the Town Manager to execute grant agreement numbe r GFR-AZ911-20-012 between the State of Arizona, acting through the Arizona Department of Administration, Office of Grants and Federal Resources (GFR) and the Town of Marana, acting as System Administrator for the Pima County 9 -1-1 System, for grant funding for the Arizona 9-1-1 Grant Program; approving a form of Memorandum of Understanding (MOU) regarding the payment of Arizona 9 -1-1 Grant Program budgeted expenses for Pima County 9-1-1 System Public Safety Answering Points (PSAPs); and authorizing the Chi ef of Police to enter into the MOU with the other eligible Pima County 9 -1-1 System PSAPs (Jane Fairall) C2 Resolution No. 2019-081: Relating to Economic development; approving the amended Destination Marketing & Film Office Lead Generation Program and authorizing the Town Manager to administer it (Laura Cortelyou) C3 Resolution No. 2019-082: Relating to Parks and Recreation; approv ing and authorizing the Parks and Recreation Director to execute the Second Amendment to Facility Usage Agreement between the Town of Marana and Leman Academy of Excellence, Inc. (Jim Conroy) C4 Resolution No. 2019-083: Relating to Claims and Settlement; approving and authorizing the Town Manager to execute a Settlement Agreement between the Town of Marana and HDR Engineering, Inc. related to design services for the Marana Water reclamation constructed recharge facility (Scott Schladweiler) C5 Resolutio n No. 2019-084: Relating to Development; approving a release of assurances for the portion of the Gladden Farms Block 35 & 39 plat that was not resubdivided by the Gladden Farms Block 35 plat and accepting public improvements for maintenance; and making a scrivener's error correction in one of the associated assurance agreements (Keith Brann) C6 Ordinance No. 2019.019: Relating to Development; revising Marana Standard Detail 740-1 for wayfinding signs and establishing an effective date (Keith Brann) Marana Town Council Meeting 9/17/2019 Page 144 of 319 September 3, 2019 Regular Council Meeting Summary Minutes 5 Resolution No. 2019-085: Relating to Development; declaring as a public record filed with the Town Clerk the amendments adopted by Ordinance No. 2019.019, revising Marana Standard Detail 740-1 for wayfinding signs (Keith Brann) C7 Approval of the Study Session Summary Minutes of August 13, 2019 and the Regular Council Meeting Summary Minutes of August 6, 2019 (Cherry L. Lawson) LIQUOR LICENSES Council Member Bowen motion to approve and Vice Mayor Post seconded the motion approving the liquor license recommendation to the Arizona Department of Liquor Licenses and Control regarding a new series #10 Beer and Wine Store Liquor License application submitted by Andrea Dahlman Lewkowitz on behalf of Foulk Family Winery, located at 7229 N. Thornydale Road, #148 Marana, AZ 85741. The motion passed 5-0. L1 Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor Licenses and Control regarding a new series #10 Beer and Wine Store liquor license application submitted by Andrea Dahlman Lewk owitz on behalf of Foulk Family Winery, located at 7229 N. Thornydale Road #148 Marana, AZ 85741 (Cherry L. Lawson) Town Clerk Cherry Lawson provided an overview of this liquor license application and stated staff is recommending an order approving the application to be submitted to the DLLC for the issuance of the liquor license. BOARDS, COMMISSIONS AND COMMITTEES Vice Mayor Post motion and Council Member Comerford seconded the motion to approve Resolution No. 2019-075 approving the appointment of Tom Sommerville to the Marana Public Safety Personnel Retirement System (PSPRS) Loc al Board. The motion passes, 5-0. B1 Resolution No 2019-075: Relating to Boards, Commissions and Committees; approving the appointment of Tom Sommerville to the Marana Public Safety Personnel Retirement System (PSPRS) Local Board (Cherry L. Lawson) Vice Mayor Post motion and Council Member Officer seconded the motion to approve Resolution No. 2019-086 selecting Transportation Connectivity and Infrastructure as the topic for the Marana Citizen’s Forum Fall 2019 session. The motion passes, 5 -0. Marana Town Council Meeting 9/17/2019 Page 145 of 319 September 3, 2019 Regular Council Meeting Summary Minutes 6 B2 Resolution 2019-086: Relating to Boards, Commissions and Committees; selecting Transportation Connectivity and Infrastructure as the topic for the Marana Citizens' Forum Fall 2019 session (Jamsheed Mehta) Mr. Mehta provided an overview of this item explain ing to Council that Marana has this terrific group called the Marana Citizens Forum that was established by Council several years ago, and the Town has used this group of citizens who are partly appointed by this Council, and some of whom are approved nomi nations through the Administration. The Marana Citizens Forum has been helpful in identifyi ng key topics that this Council would traditionally identify as their Top priorities . Staff would provide them up to about three (3) topics to choose from, and then the Citizens Forum could be the one who would pick the one that they feel most germane to explore , discuss and eventually bring back to Council with its recommendations on select topics . Mr. Mehta explained about a year ago the Town selected the topic for the Forum members to explore which was the General Plan 2040, and are now proposing the same again as the timing is perfect for doing exactly that one topic rather than opening it up for different topics to be chosen from . This time around the Town is suggesting the Forum review, explore and discuss transportation circulation and infrastructure as its topic for this session. Mindy Blake, RTA and PAG Representative, presented during this meeting how the RTA is proposing to go forward with a RTA extension and there i s a Citizen Advisory Committee involved as part of their process . Marana Citizens Forum is a committee that is ready made for us with persons from a diverse aspects of this Marana community who could engage in d iscussion and deliberation on all modes of transportation and exactly try to figure out in their opinion how would those different modes of transportation workout for the future of Marana . Speaking of the future of M arana, the same group was engaged a few months ago in its discussion the future General Plan 2040 Marana. They are quite familiar with the process of planning for the future . If we dive into some specificity dealing with transportation infrastructure , I think their recommendations would go a long way as this Forum will eventually come back to this Council with their list of recommendations. Staff is recommending Mayor and Council approval of a single item Transportation Connectivity and Infrastructure as the topic for the next fall 2019 se ssion. COUNCIL ACTION ITEMS FOR DISCUSSION / POSSIBLE ACTION D1 Relating to Traffic and Highways; presentation regarding the status of the Pavement Preservation Program (Mo El -Ali) Marana Town Council Meeting 9/17/2019 Page 146 of 319 September 3, 2019 Regular Council Meeting Summary Minutes 7 Public Works Director Mo El-Ali provided a PowerPoint Presentation (On file in the Town Clerk’s Office and available on the Town’s website) update on Marana’s six-year Pavement Preservation Program. Last year, Council was provided an update on the projects Town staff worked on and will provide an update on what the Town is working on this year and planning for the next five (5) years starting with fiscal year 2021. Six years ago the Town created a Pavement Preservation Board Program which most of Council were on. At the same time created a Pavement Preservation Committee current committee members are: Superintendent Rob Grimaldo, Supervisor Daniel Silva, Project Manager Mac Murray, Field Inspector Greg Sendiak, Assets Coordinator Robin Carreon, Signs and Markings Specialist Rich Jacinto . It is with great appreciation to the Council for investing in pa vements that are ou r largest infrastructure that we manage in public works . The Pavement Preservation Philosophy or Pavement Management Philosophy is to preserve the excellent pave ments first; those are with minor treatments and repair fair and poor pavements with moderate treatments and reconstruct, delay or minimize reconstruction. With new developments and new capital projects we apply the first treatment within the first year, and would like to continue doing that as it provides the highest return on investment to lowest life cycle cost for pa vement. The best way to look at this process is to envision it as long term investment. Last year members of the Public Works team won a first place award for crack sealing . In looking at the Marana community, we do a great job of crack sealing --that usually reflects on the pa ve ment condition which provides higher ratings . In the fiscal year 2019, pavement condition rating is the average condition of 73. Last year it was 72, and we had 529 miles. We currently have 549 lane miles, and the overall condition index is less than 40 . Those pavements are in poor condition at 2 1/2%. Nationally anything under 10% is good , and under 5% is great. The national average condition is between 60 and 65 so Marana is way above the national average . Pavement Treatment Costs ➢ Crack Seal ≈ $1 per square yards ($7,040 per lane mile) ➢ Fog Seal ≈ $2 per square yards ($14,080 per lane mile) ➢ Chip Seal ≈ $7 per square yards ($49,280 per lane mile) ➢ Mill & Overlay ≈ $18 per square yards ($126,720 per lane mile) ➢ Reconstruct ≈ $42 per square yards ($295,680 per lane mile) FY 2019 Pavement Condition Rating ➢ 540 lane miles ➢ Average Condition = 73 ➢ OCI < 40 = 2.5% Marana Town Council Meeting 9/17/2019 Page 147 of 319 September 3, 2019 Regular Council Meeting Summary Minutes 8 FY 2020 Projects ➢ Pavement Preservation treatment on a variety of roadways ➢ Reconstruction Projects o Avra Valley Road o Adonis Mobile Home Park streets within the subdivision along with other improvements such as: repairing drainage, and possibly sewer lines o San Lucas o Tangerine Road o Dove Mountain o Twin Peaks o Sunflower o Saguaro Springs Pavement Assessment Project ➢ Public Works initiated a pavement condition survey and assessment in FY 2019. All streets have been reevaluated. ➢ Field data is being input into the Town’s Cartegraph database ➢ The goal is to develop a five (5) year predictable Pavement Preservation Program FY 2020 Pavement Conditions ➢ Town of Marana, AZ Post Rehab Overall Condition Comparison Condition @ Analysis Start Versus Selected Budget: Analysis Period 2020 to 2025 ➢ Network Average Condition @ Analysis Start = 76, Backlog = 1.4% Budget Required for Varying OCI’s OCI Level Budget Required ➢ 80 $5.0 Million ➢ 78 $4.0 Million ➢ 76 $3.5 Million ➢ 74 $3.0 Million ➢ 72 $2.5 Million ➢ 70 $1.5 Million Budget Levels Required to Maintain Streets at OCI 76 FY2021 FY2022 FY2023 FY2024 FY2025 Annual Budget at OCI 76 $3.50 M $3.50 M $3.50 M $3.50 M $3.50 M Pavement Preservation Budget $1.25 M $1.25 M $1.25 M $1.25 M $1.25 M Marana Town Council Meeting 9/17/2019 Page 148 of 319 September 3, 2019 Regular Council Meeting Summary Minutes 9 Programmed CIP Budget $0.60 M $0 $1.05 M $1.80 M $0 Budget Gap $1.65 M $2.25 M $1.2 M $0.45 M $2.25 M What Else Does HURF (The Gas Tax) Fund? ➢ Street Maintenance Materials and Rentals ➢ Street Sweeping ➢ Signs and Markings ➢ Traffic Signals (Energy and Maintenance) ➢ Street Lighting (Energy and Maintenance) ➢ Landscape Maintenance and Weed Control ➢ ADA Ramps and Sidewalks Replacements ➢ Culvert and Wash Cleaning ➢ Structures (Guardrail, Bridges) ➢ Inmate Labor ➢ Vehicle and Equipment Maintenance ➢ Fuel and Oil ➢ Equipment Replacements Next Steps ➢ Continue Maintaining and Preserving Excellent Pavements First – Minor Treatments ➢ Continue Repairing Fair and Poor Pavements – Moderate Treatments ➢ Continue Identifying Resources to Fund Reconstruction Projects - CIP Mayor Honea stated if Marana’s average roads are 76…Mr. El-Ali stated they would be 76 after this year. They are currently 73 —we included this year’s projects as they have been included in the program, and will then be 76. Public Works is planning for the next five (5) years starting 2021 to 2025; to maintain them at that level, they will need $3.5 million total between pavement preservation and construction. Council Member Officer offered comments stating he appreciates the Public Works staff having the opportunity to display the tools that the Town has provided to them to maintain the roads and to show them when they go to those competitions, it provides them an opportunity to see what other communities do as well. D2 Relating to Development and Public Works; update, discussion, and possible direction regarding public and private projects and development applications on the Town’s Marana Current and Proposed Projects internet site (Jason Angell) Development Services Director Jason Angell provided an update to Council on the various developments including Community Improvements, Transportation, Marana Town Council Meeting 9/17/2019 Page 149 of 319 September 3, 2019 Regular Council Meeting Summary Minutes 10 Commercial New Build, Commercial Remodel, Residential and Land Use projects across the Marana community, as well as newly issue d business licenses. D3 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 the other governmental bodies (Jam sheed Mehta) Mr. Mehta did not have a report to offer during this meeting. D4 Resolution No. 2019-087: Relating to Municipal Court; reappointing Laine Sklar as Marana Town Magistrate for a two -year term beginning October 1, 2019; approving and authorizing the Mayor to execute an employment agreement between the Town of Marana and Laine Sklar (Jamsheed Mehta) Deputy Town Attorney Jane Fairall provided a brief overview of this item stating Judge Laine Sklar was appointed by the Council for her first two year term in October 2015, and subsequently reappointed in October 2017 for an additional two year term. Judge Sklar term expires at the end of September. Town staff has prepared a potential employment agreement that has the same terms and benefits of conditions as the previous two (2) agreements. The only difference with this agreement is that we have left blanks for the compensation for each of the two (2) years of the agreement should the Council choose to reappoint Judge Sklar. As Mayor Honea mentioned we do have an executive session also on tonight's agenda so that the council can speak with or without her to discuss her employment in terms of the agreement . Judge Sklar has been appropriately noticed of the executive session for this evening Mayor Honea stated Laine Sklar has done a phenomenal job as Magistrate for Marana Municipal Court. He commented about the concerns that many expressed about the Court prior to Ms. Sklar appointment. Ms. Sklar is an attorney, which many appointed magistrates are not; this is very beneficial to Marana, however, she is grossly underpaid. Judge Sklar makes $109,000 annually, while the judge in Oro Valley makes $157,000 per year. She has done a phenomenal job for the Town of Marana at a lower rate of pay . Mayor Honea motion and Vice Mayor Post second the motion to approve the first year of salary beginning October 1, 2019 in the amount of $145,000, and $160,000 in the second year of her contract. The motion passes, 5 -0. EXECUTIVE SESSIONS Pursuant to A.R.S. § 38-431.03, the Town Council may vote to go into executive session, which will not be open to the public, to discuss certain matters. E1 Executive Session pursuant to A.R.S. §38 -431.03 (A), Council may ask for discussion or consideration, or consultation with designated Town representatives, or Marana Town Council Meeting 9/17/2019 Page 150 of 319 September 3, 2019 Regular Council Meeting Summary Minutes 11 consultation for legal advice with the T own Attorney, concerning any matter listed on this agenda for any of the reasons listed in A.R.S. §38 -431.03 (A). E2 Executive Session pursuant to A.R.S. §38 -431.03 (A)(1) to discuss the employment of Town Magistrate Laine Sklar, including discussion of the terms of the Town Magistrate’s Employment Agreement. E3 Executive Session pursuant to A.R.S. § 38 -431.03 (A)(1) for discussion, consideration and possible interviews of candidates for appointment to the Town of Marana Public Safety Personnel Retireme nt System (PSPRS) Board. FUTURE AGENDA ITEMS Notwithstanding the mayor’s discretion regarding the items to be placed on the agenda, if three or more Council members request that an item be placed on the agenda, it must be placed on the agenda for the sec ond regular Town Council meeting after the date of the request, pursuant to Marana Town Code Section 2 -4-2(B). Vice Mayor Post stated he had received a call from an older woman in our community who was very happy about the using the pool adjacent to the Senior Center, but wanted to know why the pool closed down so early into the season. Also, this citizen asked whether the Town provides for bill averaging for the water, or whether there are any plans in the future to do provide that service. Vice Mayor Post asked Interim Water Director Scott Schladweiler whether it was a possibility with the Town’s proposed new water rate studies that were done , as this citizen was experiencing some level of difficulty as she is on a limited income. Interim Water Director Scott Schladweiler replied stating it i s something staff can look into, but that it is not in the current plan at this time. It is something that the Town can look into; however as things progress, we are moving closer to a report that would be out sometime by September 15th. There are some adjustments that we would need to make, but we can look into it and explore those options . ADJOURNMENT Mayor Honea asked for a motion to adjourn the meeting. Vice Mayor Post motioned, seconded by Council Member Officer to adjourn the meeting. The motion passes, 5 -0. The meeting adjourned at 8:01 PM. Marana Town Council Meeting 9/17/2019 Page 151 of 319 September 3, 2019 Regular Council Meeting Summary Minutes 12 CERTIFICATION I hereby certify that the foregoing are the true and correct mi nutes of the Marana Town Council meeting held on September 3, 2019. I further certify that a quorum was present. ________________________________________ Cherry L. Lawson, Town Clerk Marana Town Council Meeting 9/17/2019 Page 152 of 319      Council-Regular Meeting   L1        Meeting Date:09/17/2019   To:Mayor and Council Submitted For:Cherry L. Lawson, Town Clerk From:Suzanne Sutherland, Executive Assistant to the Town Clerk Date:September 17, 2019 Strategic Plan Focus Area: Not Applicable Subject:Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor Licenses and Control regarding a new series 7 Beer and Wine bar liquor license application submitted by Brian Euaine Vance on behalf of Catalina Brewing Company located at 6918 N. Camino Martin Suite #120, Tucson, Arizona 85741 after proper posting has been completed (Cherry L. Lawson) Discussion: This application is for a series 7 Beer and Wine bar liquor license application submitted by Brian Euaine Vance on behalf of Catalina Brewing Company located at 6918 N. Camino Martin Suite #120, Tucson, Arizona 85741.   Pursuant to state law, the application was posted at the premises where the business is to be conducted.  The posted notice provided that residents within a one-mile radius from the premises may file written arguments in favor of or opposed to the issuance of the license with the Town Clerk’s Office within 20 days of the posting.  Any written arguments received by the Clerk’s Office for or against the proposed liquor license are attached to this item and will be submitted to the Department of Liquor Licenses and Control (DLLC). This application originally came before the Town Council on August 6, 2019.  However, notice was not posted at the premises for the required 20-day time period prior to that date.  Notice has now been posted for the required amount of time, having been posted on August 20, 2019, and the application is ready for the Council's review and recommendation. Marana Town Council Meeting 9/17/2019 Page 153 of 319 recommendation.   Town staff has reviewed this application to determine whether the applicant is in compliance with zoning, building and other legal requirements for the business.  Additionally, the Marana Police Department has conducted a local background check.    The Council must enter an order recommending approval or disapproval of the application within 60 days after filing of the application.  Pursuant to state statute, a license will only be issued after a satisfactory showing of the capability, qualifications and reliability of the applicant and “in all proceedings before the town council, the applicant bears the burden of showing that the public convenience requires and that the best interests of the community will be substantially served by the issuance of a license.”   If the Council’s recommendation is for disapproval, the order must include an attachment stating the specific reasons for the recommendation of disapproval and including a summary of the testimony or other evidence supporting the recommendation.   If the Council enters an order recommending approval of the application, or makes no recommendation, then no hearing before the Arizona state liquor board will take place, unless the director of the DLLC, the liquor board or a resident within a one-mile radius from the premises requests a hearing.  If the Council enters an order recommending disapproval of the application, or if the director, board or a resident within a one-mile radius from the premises requests a hearing, then the state board will hold a hearing regarding the application.   At the hearing, the state board will consider all evidence and testimony in favor of or opposed to the granting of the license.  The decision of the board to either grant or deny an application will normally take place within 105 days after the application has been filed, unless the director of the DLLC deems it necessary to extend the time period. Staff Recommendation: Staff recommends that an order recommending approval be submitted to the DLLC for this liquor license application. Suggested Motion: OPTION 1:      I move to adopt and submit to the DLLC an order recommending approval of a new series 7 Beer and Wine Bar liquor license application submitted by Brian Euaine Vance on behalf of Catalina Brewing Company, located at 6918 N. Camino Martin Suite #120, Tucson, Arizona 85741.   OPTION 2:      I move to adopt and submit to the DLLC an order recommending disapproval of a new series 7 Beer and Wine Bar liquor license application submitted by Brian Euaine Vance on behalf of Catalina Brewing Company, located at 6918 N. Camino Martin Suite #120, Tucson, Arizona 85741. Marana Town Council Meeting 9/17/2019 Page 154 of 319 Attachments Application Affidavit of Posting Local Governing Body Recommendation DDLC Descriptions of Commone Types of LL Marana Town Council Meeting 9/17/2019 Page 155 of 319 Marana Town Council Meeting 9/17/2019 Page 156 of 319 Marana Town Council Meeting 9/17/2019 Page 157 of 319 Marana Town Council Meeting 9/17/2019 Page 158 of 319 Marana Town Council Meeting 9/17/2019 Page 159 of 319 Marana Town Council Meeting 9/17/2019 Page 160 of 319 Marana Town Council Meeting 9/17/2019 Page 161 of 319 8/21/2015 Page 1 of 1 Individuals requiring ADA accommodations please call (602)542-9027 Arizona Department of Liquor Licenses and Control 800 W Washington 5th Floor Phoenix, AZ 85007-2934 www.azliquor.gov (602) 542-5141 AFFIDAVIT OF POSTING Date of Posting: ____________________________________ Date of Posting Removal: ___________________________________ Applicant’s Name: ____________________________________________________________________________________________________ Last First Middle Business Address: ______________________________________________________________________________________________________ Street City Zip License #: __________________________________________ I hereby certify that pursuant to A.R.S. 4-201, I posted notice in a conspicuous place on the premises proposed to be licensed by the above applicant and said notice was posted for at least twenty (20) days. ___________________________________________________________ ________________________ ________________________________ Print Name of City/County Official Title Phone Number ______________________________________________________________________________________ ________________________________ Signature Date Signed Return this affidavit with your recommendations (i.e., Minutes of Meeting, Verbatim, etc.) or any other related documents. If you have any questions please call (602) 542-5141 and ask for the Licensing Division. Marana Town Council Meeting 9/17/2019 Page 162 of 319 Arizona Department of Liquor Licenses and Control 800 W Washington 5th Floor Phoenix, AZ 85007-2934 www.azliquor.gov (602) 542-5141 Local Governing Body Recommendation A.R.S. § 4-201(C) 1. City or Town of: __________________________________________ Liquor License Application #:_______________________________ (Circle one) (Arizona application #) 2. County of: _______________________________________________ City/Town/County #: ______________________________________ 3. If licensed establishment will operate within an “entertainment district” as described in A.R.S. §4-207(D)(2), ______________________________________________________ ______________________________________________________ (Name of entertainment district) (Date of resolution to create the entertainment district) A boundary map of entertainment district must be attached. 4. The ___________________________________ at a ________________________________ meeting held on the __________________ of (Governing body) (Regular or special) (Day) _____________________, ____________ considered the application of _______________________________________________________ (Month) (Year) (Name of applicant) for a license to sell spirituous liquor at the premises described in application ______________________________________________, (Arizona liquor license application #) for the license series #: type ________________________________________________________________ as provided by A.R.S §4-201. (i.e.: series #10: beer & wine store) ORDER OF APPROVAL/DISAPPROVAL IT IS THEREFORE ORDERED that the license APPLICATION OF __________________________________________________ (Name of applicant) to sell spirituous liquor of the class and in the manner designated in the application, is hereby recommended for _____________________________________________________. (Approval, disapproval, or no recommendation) TRANSMISSION OF ORDER TO STATE IT IS FURTHER ORDERED that a certified copy of this order be immediately transmitted to the State Department of Liquor, License Division, 800 W Washington, 5th Floor, Phoenix, Arizona. Dated at _______________________ on ________________, _________________, __________. (Location) (Day) (Month) (Year) ____________________________________________ ___________________________________________ (Printed name of city, town or county clerk) (Signature of city, town or county clerk) 8/21/2015 Page 1 of 1 Individuals requiring ADA accommodations please call (602)542-9027 Marana Town Council Meeting 9/17/2019 Page 163 of 319 Department of Liquor Licenses and Con trol Descriptions of Common Types of Liquor Licenses {00018233.DOC / 2} Series 6 Bar The bar (series 6) liquor license is a "quota" license available only through the Liquor License Lottery or for purchase on the open market. Once issued, this liquor license is transferable from person to person and/or location to location within the same county and allows the holder both on- & off-sale retail privileges. This license allows a bar retailer to sell and serve all types of spirituous liquors, primarily by individual portions, to be consumed on the premises and in the original container for consumption on or off the premises. A retailer with off-sale ("To Go") privileges may deliver spirituous liquor off of the licensed premises in connection with a retail sale. A.R.S. § 4 -206.01.F. states that after January 1, 2011, the off-sale privileges associated with a bar license shall be limited to no more than 30% of the total annual sales receipts of liquor by the licensee at that location. Payment must be made no later than the time of delivery. Off-sale ("To Go") package sales of spirituous liquor can be made on the bar premises as long as the area of off-sale operation does not utilize a separate entrance and exit from the ones provided for the bar. A hotel or motel with a Series 6 li cense may sell spirituous liquor in sealed containers in individual portions to its registered guests at any time by means of a minibar located in the guest rooms of registered guests. The registered guest must be at least twenty -one (21) years of age. Access to the minibar is by a key or magnetic card device and not furnished to a guest between the hours of 2:00 a.m. and 6:00 a.m. Series 7 Beer and Wine Bar The beer and wine bar (series 7) liquor license is a "quota" license available only through the Liquor License Lottery or for purchase on the open market. Once issued, this liquor license is transferable from person to person and/or location to location within the same county and allows the holder both on - & off-sale retail privileges. This license allows a beer and wine bar retailer to sell and serve beer and wine (no other spirituous liquors), primarily by individual portions, to be consumed on the premises and in the original container for consumption on or off the premises. A retailer with off - sale ("To Go") privileges may deliver spirituous liquor off of the licensed premises in connection with a retail sale. A.R.S. § 4-206.01.F. states that after January 1, 2011, the off- sale privileges associated with a bar license shall be limited to no more than 30% of the total annual sales receipts of liquor by the licensee at that location. Off -sale ("To Go") package sales can be made on the bar premises as long as the area of off -sale operation does not utilize a separate entrance and exit from the one provide d for the bar. Payment must be made no later than the time of delivery. Marana Town Council Meeting 9/17/2019 Page 164 of 319 Department of Liquor Licenses and Con trol Descriptions of Common Types of Liquor Licenses {00018233.DOC / 2} Series 9 Liquor Store The liquor store (series 9) license is a "quota" license available only through the Liquor License Lottery or for purchase on the open market. Once issued, thi s liquor license is transferable from person to person and/or location to location within the same county and allows a spirituous liquor store retailer to sell all types of spirituous liquors, only in the original unbroken package, to be taken away from th e premises of the retailer and consumed off the premises. A retailer with off -sale privileges may deliver spirituous liquor off of the licensed premises in connection with a retail sale. Payment must be made no later than the time of delivery. Series 9 (li quor store) licensees and applicants may apply for unlimited sampling privileges by completing the Sampling Privileges form. Series 10 Beer and Wine Store This non-transferable, off-sale retail privileges liquor license allows a retail store to sell beer and wine (no other spirituous liquors), only in the original unbroken package, to be taken away from the premises of the retailer and consumed off the premises. A retailer with off-sale privileges may deliver spirituous liquor off of the licensed premises in connection with a retail sale. Payment must be made no later than the time of delivery. Series 10 (beer and wine store) licensees and applicants may apply for unlimited sampling privileges by completing the Sampling Privileges form. Series 11 Hotel/Motel This non-transferable, on-sale retail privileges liquor license allows the holder of a hotel/motel license to sell and serve all types of spirituous liquor solely for consumption on the premises of a hotel or motel that has a restaurant where food is served on the premises. The restaurant on the licensed premises must derive at least forty percent (40%) of its gross revenue from the sale of food. The holder of this license may sell spirituous liquor in sealed containers in individual portions to its regi stered guests at any time by means of a minibar located in the guest rooms of registered guests. The registered guest must be at least twenty -one (21) years of age. Access to the minibar is provided by a key or magnetic card device and may not be furnished to a guest between the hours of 2:00 a.m. and 6:00 a.m. Series 12 Restaurant This non-transferable, on-sale retail privileges liquor license allows the holder of a restaurant license to sell and serve all types of spirituous liquor solely for consumption on the premises of an establishment which derives at least forty percent (40%) of its gross revenue from the sale of food. Failure to meet the 40% food requirement may result in revocation of the license. Marana Town Council Meeting 9/17/2019 Page 165 of 319      Council-Regular Meeting   L2        Meeting Date:09/17/2019   To:Mayor and Council Submitted For:Cherry L. Lawson, Town Clerk From:Suzanne Sutherland, Executive Assistant to the Town Clerk Date:September 17, 2019 Strategic Plan Focus Area: Not Applicable Subject:Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor Licenses and Control regarding an Owner Transfer series #009 Liquor Store liquor license application submitted by Inder Preet Kaur on behalf of Arco AM/PM, located at 3825 W. Orange Grove Road, Tucson, Arizona 85741 (Cherry L. Lawson) Discussion: This application is for a series #009 liquor store liquor license at Arco AM/PM, located at 3825 W. Orange Grove Road, Tucson, Arizona 85741.   Pursuant to state law, the application was posted at the premises where the business is to be conducted.  The posted notice provided that residents within a one-mile radius from the premises may file written arguments in favor of or opposed to the issuance of the license with the Town Clerk’s Office within 20 days of the posting.  Any written arguments received by the Clerk’s Office for or against the proposed liquor license are attached to this item and will be submitted to the Department of Liquor Licenses and Control (DLLC).   Town staff has reviewed this application to determine whether the applicant is in compliance with zoning, building and other legal requirements for the business.  Additionally, the Marana Police Department has conducted a local background check.    The Town Council must enter an order recommending approval or disapproval of the application within 60 days after filing of the application.  Pursuant to state statute, a Marana Town Council Meeting 9/17/2019 Page 166 of 319 license will only be issued after a satisfactory showing of the capability, qualifications and reliability of the applicant and “in all proceedings before the town council, the applicant bears the burden of showing that the public convenience requires and that the best interests of the community will be substantially served by the issuance of a license.”   If the Council’s recommendation is for disapproval, the order must include an attachment stating the specific reasons for the recommendation of disapproval and including a summary of the testimony or other evidence supporting the recommendation.   If the Council enters an order recommending approval of the application, or makes no recommendation, then no hearing before the Arizona state liquor board will take place, unless the director of the DLLC, the liquor board or a resident within a one-mile radius from the premises requests a hearing.  If the Council enters an order recommending disapproval of the application, or if the director, board or a resident within a one-mile radius from the premises requests a hearing, then the state board will hold a hearing regarding the application.   At the hearing, the state board will consider all evidence and testimony in favor of or opposed to the granting of the license.  The decision of the board to either grant or deny an application will normally take place within 105 days after the application has been filed, unless the director of the DLLC deems it necessary to extend the time period. Staff Recommendation: Staff recommends that an order recommending approval be submitted to the DLLC for this liquor license application. Suggested Motion: OPTION 1:      I move to adopt and submit to the DLLC an order recommending approval of an Owner Transfer series #009 liquor store liquor license application submitted by Inder Preet Kaur on behalf of Arco AM/PM, located at 3825 W. Orange Grove Road, Tucson, Arizona 85741.   OPTION 2:      I move to adopt and submit to the DLLC an order recommending disapproval of an Owner Transfer series #009 liquor store liquor license application submitted by Inder Preet Kaur on behalf of Arco AM/PM, located at 3825 W. Orange Grove Road, Tucson, Arizona 85741. Attachments ARCO Redacted Application Affidavit of Posting Local Governing Body Recommendation DLLC Descriptions of Common Types of LL Marana Town Council Meeting 9/17/2019 Page 167 of 319 Marana Town Council Meeting 9/17/2019 Page 168 of 319 Marana Town Council Meeting 9/17/2019 Page 169 of 319 Marana Town Council Meeting 9/17/2019 Page 170 of 319 Marana Town Council Meeting 9/17/2019 Page 171 of 319 Marana Town Council Meeting 9/17/2019 Page 172 of 319 Marana Town Council Meeting 9/17/2019 Page 173 of 319 8/21/2015 Page 1 of 1 Individuals requiring ADA accommodations please call (602)542-9027 Arizona Department of Liquor Licenses and Control 800 W Washington 5th Floor Phoenix, AZ 85007-2934 www.azliquor.gov (602) 542-5141 AFFIDAVIT OF POSTING Date of Posting: ____________________________________ Date of Posting Removal: ___________________________________ Applicant’s Name: ____________________________________________________________________________________________________ Last First Middle Business Address: ______________________________________________________________________________________________________ Street City Zip License #: __________________________________________ I hereby certify that pursuant to A.R.S. 4-201, I posted notice in a conspicuous place on the premises proposed to be licensed by the above applicant and said notice was posted for at least twenty (20) days. ___________________________________________________________ ________________________ ________________________________ Print Name of City/County Official Title Phone Number ______________________________________________________________________________________ ________________________________ Signature Date Signed Return this affidavit with your recommendations (i.e., Minutes of Meeting, Verbatim, etc.) or any other related documents. If you have any questions please call (602) 542-5141 and ask for the Licensing Division. Marana Town Council Meeting 9/17/2019 Page 174 of 319 Arizona Department of Liquor Licenses and Control 800 W Washington 5th Floor Phoenix, AZ 85007-2934 www.azliquor.gov (602) 542-5141 Local Governing Body Recommendation A.R.S. § 4-201(C) 1. City or Town of: __________________________________________ Liquor License Application #:_______________________________ (Circle one) (Arizona application #) 2. County of: _______________________________________________ City/Town/County #: ______________________________________ 3. If licensed establishment will operate within an “entertainment district” as described in A.R.S. §4-207(D)(2), ______________________________________________________ ______________________________________________________ (Name of entertainment district) (Date of resolution to create the entertainment district) A boundary map of entertainment district must be attached. 4. The ___________________________________ at a ________________________________ meeting held on the __________________ of (Governing body) (Regular or special) (Day) _____________________, ____________ considered the application of _______________________________________________________ (Month) (Year) (Name of applicant) for a license to sell spirituous liquor at the premises described in application ______________________________________________, (Arizona liquor license application #) for the license series #: type ________________________________________________________________ as provided by A.R.S §4-201. (i.e.: series #10: beer & wine store) ORDER OF APPROVAL/DISAPPROVAL IT IS THEREFORE ORDERED that the license APPLICATION OF __________________________________________________ (Name of applicant) to sell spirituous liquor of the class and in the manner designated in the application, is hereby recommended for _____________________________________________________. (Approval, disapproval, or no recommendation) TRANSMISSION OF ORDER TO STATE IT IS FURTHER ORDERED that a certified copy of this order be immediately transmitted to the State Department of Liquor, License Division, 800 W Washington, 5th Floor, Phoenix, Arizona. Dated at _______________________ on ________________, _________________, __________. (Location) (Day) (Month) (Year) ____________________________________________ ___________________________________________ (Printed name of city, town or county clerk) (Signature of city, town or county clerk) 8/21/2015 Page 1 of 1 Individuals requiring ADA accommodations please call (602)542-9027 Marana Town Council Meeting 9/17/2019 Page 175 of 319 Department of Liquor Licenses and Control Descriptions of Common Types of Liquor Licenses {00018233.DOC / 2} Series 4 Wholesaler This non-transferable liquor license allows a wholesaler to warehouse, sell and distribute all types of spirituous liquor (beer, wine, distilled spirits) to Arizona -licensed retailers. Series 6 Bar The bar (series 6) liquor license is a "quota" license available only through the Liquor License Lottery or for purchase on the open market. Once issued, this liquor license is transferable from person to person and/or location to location within the same county and allows the holder both on - & off-sale retail privileges. This license allows a bar retailer to sell and serve all types of spirituous liquors, primarily by individual portions, to be consumed on the premises and in the original c ontainer for consumption on or off the premises. A retailer with off-sale ("To Go") privileges may deliver spirituous liquor off of the licensed premises in connection with a retail sale. A.R.S. § 4 -206.01.F. states that after January 1, 2011, the off-sale privileges associated with a bar license shall be limited to no more than 30% of the total annual sales receipts of liquor by the licensee at that location. Payment must be made no later than the time of delivery. Off-sale ("To Go") package sales of spiri tuous liquor can be made on the bar premises as long as the area of off-sale operation does not utilize a separate entrance and exit from the ones provided for the bar. A hotel or motel with a Series 6 license may sell spirituous liquor in sealed container s in individual portions to its registered guests at any time by means of a minibar located in the guest rooms of registered guests. The registered guest must be at least twenty -one (21) years of age. Access to the minibar is by a key or magnetic card devi ce and not furnished to a guest between the hours of 2:00 a.m. and 6:00 a.m. Series 7 Beer and Wine Bar The beer and wine bar (series 7) liquor license is a "quota" license available only through the Liquor License Lottery or for purchase on the open market. Once issued, this liquor license is transferable from person to person and/or location to location within the same county and allows the holder both on - & off-sale retail privileges. This license allows a beer and wine bar retailer to sell and serve be er and wine (no other spirituous liquors), primarily by individual portions, to be consumed on the premises and in the original container for consumption on or off the premises. A retailer with off -sale ("To Go") privileges may deliver spirituous liquor off of the licensed premises in connection with a retail sale. A.R.S. § 4 - 206.01.F. states that after January 1, 2011, the off -sale privileges associated with a bar license shall be limited to no more than 30% of the total annual sales receipts of liquor by the licensee at that location. Off-sale ("To Go") package sales can be made on the bar premises as long as the area of off -sale operation does not utilize a separate entrance and exit from the one provided for the bar. Payment must be made no later than th e time of delivery. Series 9 Liquor Store The liquor store (series 9) license is a "quota" license available only through the Liquor License Lottery or for purchase on the open market. Once issued, this liquor license is transferable from person to person and/or location to location within the same county and allows a spirituous liquor store retailer to sell all types of spirituous liquors, only in the original unbroken package, to be taken away from the premises of the retailer and consumed off the premis es. A retailer with off-sale privileges may deliver spirituous liquor off of the licensed premises in connection with a retail sale. Payment must be made no later than the time of delivery. Series 9 (liquor store) licensees and applicants may apply for unl imited sampling privileges by completing the Sampling Privileges form. Marana Town Council Meeting 9/17/2019 Page 176 of 319 Department of Liquor Licenses and Control Descriptions of Common Types of Liquor Licenses {00018233.DOC / 2} Series 10 Beer and Wine Store This non -transferable, off-sale retail privileges liquor license allows a retail store to sell beer and wine (no other spirituous liquors), only in the original unbroken package, to be taken away from the premises of the retailer and consumed off the premises. A retailer with off-sale privileges may deliver spirituous liquor off of the licensed premises in connection with a retail sale. Payment must be made no later than the time of delivery. Series 10 (beer and wine store) licensees and applicants may apply for unlimited sampling privileges by completing the Sampling Privileges form. Series 11 Hotel/Motel This non -transferable, on -sale retail privileges li quor license allows the holder of a hotel/motel license to sell and serve all types of spirituous liquor solely for consumption on the premises of a hotel or motel that has a restaurant where food is served on the premises. The restaurant on the licensed p remises must derive at least forty percent (40%) of its gross revenue from the sale of food. The holder of this license may sell spirituous liquor in sealed containers in individual portions to its registered guests at any time by means of a minibar located in the guest rooms of registered guests. The registered guest must be at least twenty-one (21) years of age. Access to the minibar is provided by a key or magnetic card device and may not be furnished to a guest between the hours of 2:00 a.m. and 6:00 a.m. Series 12 Restaurant This non -transferable, on -sale retail privileges liquor license allows the holder of a restaurant license to sell and serve all types of spirituous liquor solely for consumption on the premises of an establishment which derives at least forty percent (40%) of its gross revenue from the sale of food. Failure to meet the 40% food requirement may result in revocation of the license. Marana Town Council Meeting 9/17/2019 Page 177 of 319      Council-Regular Meeting   L3        Meeting Date:09/17/2019   To:Mayor and Council Submitted For:Cherry L. Lawson, Town Clerk From:Suzanne Sutherland, Executive Assistant to the Town Clerk Date:September 17, 2019 Strategic Plan Focus Area: Not Applicable Subject:Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor Licenses and Control regarding a new series #012 restaurant liquor license application submitted by Tyler Raymond Leveque on behalf of Baja Cafe, located at 3930 W. Ina Road #322, Tucson, Arizona 85741 (Cherry L. Lawson)   Discussion: This application is for a series #012 restaurant liquor license at 3930 W. Ina Road #322, Tucson, Arizona 85741.   Pursuant to state law, the application was posted at the premises where the business is to be conducted.  The posted notice provided that residents within a one-mile radius from the premises may file written arguments in favor of or opposed to the issuance of the license with the Town Clerk’s Office within 20 days of the posting.  Any written arguments received by the Clerk’s Office for or against the proposed liquor license are attached to this item and will be submitted to the Department of Liquor Licenses and Control (DLLC).   Town staff has reviewed this application to determine whether the applicant is in compliance with zoning, building and other legal requirements for the business.  Additionally, the Marana Police Department has conducted a local background check.    The Town Council must enter an order recommending approval or disapproval of the Marana Town Council Meeting 9/17/2019 Page 178 of 319 application within 60 days after filing of the application.  Pursuant to state statute, a license will only be issued after a satisfactory showing of the capability, qualifications and reliability of the applicant and “in all proceedings before the town council, the applicant bears the burden of showing that the public convenience requires and that the best interests of the community will be substantially served by the issuance of a license.”   If the Council’s recommendation is for disapproval, the order must include an attachment stating the specific reasons for the recommendation of disapproval and including a summary of the testimony or other evidence supporting the recommendation.   If the Council enters an order recommending approval of the application, or makes no recommendation, then no hearing before the Arizona state liquor board will take place, unless the director of the DLLC, the liquor board or a resident within a one-mile radius from the premises requests a hearing.  If the Council enters an order recommending disapproval of the application, or if the director, board or a resident within a one-mile radius from the premises requests a hearing, then the state board will hold a hearing regarding the application.   At the hearing, the state board will consider all evidence and testimony in favor of or opposed to the granting of the license.  The decision of the board to either grant or deny an application will normally take place within 105 days after the application has been filed, unless the director of the DLLC deems it necessary to extend the time period. Staff Recommendation: Staff recommends that an order recommending approval be submitted to the DLLC for this liquor license application. Suggested Motion: OPTION 1:      I move to adopt and submit to the DLLC an order recommending approval of a new series #012 restaurant liquor license application submitted by Tyler Raymond Leveque on behalf of Baja Cafe, located at 3930 W. Ina Road #322, Tucson, Arizona 85741.   OPTION 2:      I move to adopt and submit to the DLLC an order recommending disapproval of a new series #012 restaurant liquor license application submitted by Tyler Raymond Leveque on behalf of Baja Cafe, located at 3930 W. Ina Road #322, Tucson, Arizona 85741. Attachments Baja Cafe Redacted Application Affidavit of Posting Local Governing Body Recommendation DLLC Common Types of Liquor Licenses Marana Town Council Meeting 9/17/2019 Page 179 of 319 Marana Town Council Meeting 9/17/2019 Page 180 of 319 Marana Town Council Meeting 9/17/2019 Page 181 of 319 Marana Town Council Meeting 9/17/2019 Page 182 of 319 Marana Town Council Meeting 9/17/2019 Page 183 of 319 Marana Town Council Meeting 9/17/2019 Page 184 of 319 Marana Town Council Meeting 9/17/2019 Page 185 of 319 Marana Town Council Meeting 9/17/2019 Page 186 of 319 8/21/2015 Page 1 of 1 Individuals requiring ADA accommodations please call (602)542-9027 Arizona Department of Liquor Licenses and Control 800 W Washington 5th Floor Phoenix, AZ 85007-2934 www.azliquor.gov (602) 542-5141 AFFIDAVIT OF POSTING Date of Posting: ____________________________________ Date of Posting Removal: ___________________________________ Applicant’s Name: ____________________________________________________________________________________________________ Last First Middle Business Address: ______________________________________________________________________________________________________ Street City Zip License #: __________________________________________ I hereby certify that pursuant to A.R.S. 4-201, I posted notice in a conspicuous place on the premises proposed to be licensed by the above applicant and said notice was posted for at least twenty (20) days. ___________________________________________________________ ________________________ ________________________________ Print Name of City/County Official Title Phone Number ______________________________________________________________________________________ ________________________________ Signature Date Signed Return this affidavit with your recommendations (i.e., Minutes of Meeting, Verbatim, etc.) or any other related documents. If you have any questions please call (602) 542-5141 and ask for the Licensing Division. Marana Town Council Meeting 9/17/2019 Page 187 of 319 Arizona Department of Liquor Licenses and Control 800 W Washington 5th Floor Phoenix, AZ 85007-2934 www.azliquor.gov (602) 542-5141 Local Governing Body Recommendation A.R.S. § 4-201(C) 1. City or Town of: __________________________________________ Liquor License Application #:_______________________________ (Circle one) (Arizona application #) 2. County of: _______________________________________________ City/Town/County #: ______________________________________ 3. If licensed establishment will operate within an “entertainment district” as described in A.R.S. §4-207(D)(2), ______________________________________________________ ______________________________________________________ (Name of entertainment district) (Date of resolution to create the entertainment district) A boundary map of entertainment district must be attached. 4. The ___________________________________ at a ________________________________ meeting held on the __________________ of (Governing body) (Regular or special) (Day) _____________________, ____________ considered the application of _______________________________________________________ (Month) (Year) (Name of applicant) for a license to sell spirituous liquor at the premises described in application ______________________________________________, (Arizona liquor license application #) for the license series #: type ________________________________________________________________ as provided by A.R.S §4-201. (i.e.: series #10: beer & wine store) ORDER OF APPROVAL/DISAPPROVAL IT IS THEREFORE ORDERED that the license APPLICATION OF __________________________________________________ (Name of applicant) to sell spirituous liquor of the class and in the manner designated in the application, is hereby recommended for _____________________________________________________. (Approval, disapproval, or no recommendation) TRANSMISSION OF ORDER TO STATE IT IS FURTHER ORDERED that a certified copy of this order be immediately transmitted to the State Department of Liquor, License Division, 800 W Washington, 5th Floor, Phoenix, Arizona. Dated at _______________________ on ________________, _________________, __________. (Location) (Day) (Month) (Year) ____________________________________________ ___________________________________________ (Printed name of city, town or county clerk) (Signature of city, town or county clerk) 8/21/2015 Page 1 of 1 Individuals requiring ADA accommodations please call (602)542-9027 Marana Town Council Meeting 9/17/2019 Page 188 of 319 Department of Liquor Licenses and Con trol Descriptions of Common Types of Liquor Licenses {00018233.DOC / 2} Series 6 Bar The bar (series 6) liquor license is a "quota" license available only through the Liquor License Lottery or for purchase on the open market. Once issued, this liquor license is transferable from person to person and/or location to location within the same county and allows the holder both on- & off-sale retail privileges. This license allows a bar retailer to sell and serve all types of spirituous liquors, primarily by individual portions, to be consumed on the premises and in the original container for consumption on or off the premises. A retailer with off-sale ("To Go") privileges may deliver spirituous liquor off of the licensed premises in connection with a retail sale. A.R.S. § 4 -206.01.F. states that after January 1, 2011, the off-sale privileges associated with a bar license shall be limited to no more than 30% of the total annual sales receipts of liquor by the licensee at that location. Payment must be made no later than the time of delivery. Off-sale ("To Go") package sales of spirituous liquor can be made on the bar premises as long as the area of off-sale operation does not utilize a separate entrance and exit from the ones provided for the bar. A hotel or motel with a Series 6 li cense may sell spirituous liquor in sealed containers in individual portions to its registered guests at any time by means of a minibar located in the guest rooms of registered guests. The registered guest must be at least twenty -one (21) years of age. Access to the minibar is by a key or magnetic card device and not furnished to a guest between the hours of 2:00 a.m. and 6:00 a.m. Series 7 Beer and Wine Bar The beer and wine bar (series 7) liquor license is a "quota" license available only through the Liquor License Lottery or for purchase on the open market. Once issued, this liquor license is transferable from person to person and/or location to location within the same county and allows the holder both on - & off-sale retail privileges. This license allows a beer and wine bar retailer to sell and serve beer and wine (no other spirituous liquors), primarily by individual portions, to be consumed on the premises and in the original container for consumption on or off the premises. A retailer with off - sale ("To Go") privileges may deliver spirituous liquor off of the licensed premises in connection with a retail sale. A.R.S. § 4-206.01.F. states that after January 1, 2011, the off- sale privileges associated with a bar license shall be limited to no more than 30% of the total annual sales receipts of liquor by the licensee at that location. Off -sale ("To Go") package sales can be made on the bar premises as long as the area of off -sale operation does not utilize a separate entrance and exit from the one provide d for the bar. Payment must be made no later than the time of delivery. Marana Town Council Meeting 9/17/2019 Page 189 of 319 Department of Liquor Licenses and Con trol Descriptions of Common Types of Liquor Licenses {00018233.DOC / 2} Series 9 Liquor Store The liquor store (series 9) license is a "quota" license available only through the Liquor License Lottery or for purchase on the open market. Once issued, thi s liquor license is transferable from person to person and/or location to location within the same county and allows a spirituous liquor store retailer to sell all types of spirituous liquors, only in the original unbroken package, to be taken away from th e premises of the retailer and consumed off the premises. A retailer with off -sale privileges may deliver spirituous liquor off of the licensed premises in connection with a retail sale. Payment must be made no later than the time of delivery. Series 9 (li quor store) licensees and applicants may apply for unlimited sampling privileges by completing the Sampling Privileges form. Series 10 Beer and Wine Store This non-transferable, off-sale retail privileges liquor license allows a retail store to sell beer and wine (no other spirituous liquors), only in the original unbroken package, to be taken away from the premises of the retailer and consumed off the premises. A retailer with off-sale privileges may deliver spirituous liquor off of the licensed premises in connection with a retail sale. Payment must be made no later than the time of delivery. Series 10 (beer and wine store) licensees and applicants may apply for unlimited sampling privileges by completing the Sampling Privileges form. Series 11 Hotel/Motel This non-transferable, on-sale retail privileges liquor license allows the holder of a hotel/motel license to sell and serve all types of spirituous liquor solely for consumption on the premises of a hotel or motel that has a restaurant where food is served on the premises. The restaurant on the licensed premises must derive at least forty percent (40%) of its gross revenue from the sale of food. The holder of this license may sell spirituous liquor in sealed containers in individual portions to its regi stered guests at any time by means of a minibar located in the guest rooms of registered guests. The registered guest must be at least twenty -one (21) years of age. Access to the minibar is provided by a key or magnetic card device and may not be furnished to a guest between the hours of 2:00 a.m. and 6:00 a.m. Series 12 Restaurant This non-transferable, on-sale retail privileges liquor license allows the holder of a restaurant license to sell and serve all types of spirituous liquor solely for consumption on the premises of an establishment which derives at least forty percent (40%) of its gross revenue from the sale of food. Failure to meet the 40% food requirement may result in revocation of the license. Marana Town Council Meeting 9/17/2019 Page 190 of 319      Council-Regular Meeting   A1        Meeting Date:09/17/2019   To:Mayor and Council From:Cynthia Ross, Senior Planner Date:September 17, 2019 Strategic Plan Focus Area: Not Applicable Subject:PUBLIC HEARING: Ordinance No. 2019.020, Relating to Development, approving amendments to the Marana Main Street Specific Plan (Cynthia Ross) Discussion: History The Marana Main Street Specific Plan was originally adopted by the Marana Town Council on November 18, 2008 by Ordinance No. 2008.24.  The zoning was changed from Zone “A” (Small Lot Zone) and “VC” (Village Commercial) to “F” (Specific Plan), creating the Marana Main Street Specific Plan. The Plan was amended on March 19, 2013 by Ordinance No. 2013-004 with amendments that included an update of the Introduction, Development Plan and Development regulations, creating additional land use designations addressing freeway signage, amending the criteria for drive-through facilities and modifications to the street section for Marana Main Street. Request Mr. Bruce Call, representing the owners of remaining undeveloped land in the specific plan area,  is requesting approval of a second amendment to the Marana Main Street Specific Plan to allow for the development of additional businesses with drive-through facilities in the Highway Support Commercial land use designation area, without the requirement for a conditional use permit, and to allow for the development of a pharmacy with associated drive-through on the southeast corner of Marana Main Street and Sandario Road in the Marana Main Street Commercial land use designation area, upon approval of a conditional use permit. Details of Proposed Changes The applicant is proposing to amend the Marana Main Street Specific Plan to allow for Marana Town Council Meeting 9/17/2019 Page 191 of 319 additional businesses with drive-through facilities within the Specific Plan area. Currently, businesses with drive-throughs are only allowed on Lots 4 and 5 of the Highway Support Commercial land use area, adjacent to Sandario Road. Lot 5 has been developed as a McDonald’s restaurant with an approved drive-through facility. Lot 4 currently has two buildings under construction with one approved drive-through lane.   The proposed changes to the Marana Main Street Specific Plan include: Businesses with associated drive-throughs permitted on all lots in the Highway Support Commercial land use designation without the requirement of a conditional use permit. This change will expedite and facilitate a recent demand for fast food restaurants in high visibility areas near freeway interchanges. 1. A pharmacy with a drive-through window permitted at the southeast corner of Marana Main Street and Sandario Road in the Marana Main Street Commercial land use designation upon approval of a conditional use permit, subject to the following requirements: The siting of drive-through windows must be located behind and screened by the principal building, a. Location and design of the access driveway shall minimize impacts on pedestrian activity. b. Stacking of cars shall not be permitted in an access driveway, and instead, the parking lot must be used for stacking. c. The design precludes vehicular access conflicting with an existing or planned adjacent use. d. The facility is located to minimize noise and odors.e. 2. This change allows the flexibility of permitting a desired and well recognized use that requires a drive-through window but, due to the additional development conditions, will not compromise the commitment of creating Marana Main Street.   Updated map exhibits to reflect current conditions.3. A revised conceptual plan showing the proposed general layout of lots in the Highway Support Commercial land use area.  4. Public Notification The public hearing notice for this specific plan amendment request was properly advertised in The Daily Territorial newspaper and posted in various locations in Town including the Marana Municipal Complex. Additionally, all property owners within 300 feet of the subject property were notified by mail of the proposed use and date of the public hearing. As of the date of this report, no public comments had been received.  Planning Commission Recommendation The Marana Planning Commission held a public hearing for this application on August 28, 2019. The Commission voted unanimously to recommend approval to the Town Council. Recommended Findings of Fact  1. The site is currently designated “F”, Specific Plan Zone. The proposed amendments are consistent with the purpose of Specific Plan zoning. The project is in compliance with all other development standards of the Land Development Code related to this Marana Town Council Meeting 9/17/2019 Page 192 of 319 zoning classification. 2. With the acceptance of the proposed recommended conditions, this proposal is consistent with the purpose and intent of the Town of Marana General Plan. 3. This proposal, with acceptance of the recommended conditions, does not appear to be detrimental to the immediate area or to the health, safety, and welfare of the inhabitants of the area and the Town of Marana. Case Analysis Review criteria 1.    Ability to comply with development regulations, i.e. water, sanitation, access, developable parcel, etc.:  With the acceptance of the recommended conditions the development complies with the requirements of all agencies. 2.    Ability to comply with requirements of the zoning regulations, i.e. lot size, frontage, setbacks, etc.:  With the acceptance of the recommended conditions this proposal complies with the requirements of ‘F’ Specific Plan zoning and the purpose and intent of the Land Development Code. 3.    Consistent with the purpose of the zoning regulations and with the intent of the General Plan:  With the acceptance of the recommended conditions this proposal is consistent with the purpose and intent of the Town of Marana General Plan.  4.    Compatible with the surrounding area, harmonious with the character of the neighborhood, not detrimental to the immediate area or the development of the area, and not detrimental to the health, safety, or welfare of the inhabitants of the area and the Town :  Based upon the requirements and conditions, this proposal does not appear to be detrimental to the immediate area or to the general health, safety, and welfare of the inhabitants of the area and the Town of Marana. Staff Recommendation: Staff recommends adoption of Ordinance 2019.xxx, approving amendments to the Marana Main Street Specific Plan, subject to the following conditions to remain in effect, as approved and adopted by Ordinance 2013.004: RECOMMENDED CONDITIONS OF APPROVAL Compliance with all applicable provisions of the Town’s Codes, and Ordinances current at the time of any subsequent development including, but not limited to, requirements for public improvements. 1. Any preliminary plat or development plan shall be in general conformance with the Land Use Concept of the Marana Main Street Specific Plan. 2. This project is located within the Northwest Marana Transportation, Lower Santa Cruz River Levee, and Marana Park Benefit Areas, and will be subject to those development impact fees at time of permitting.  3. The property owner shall not cause any lot split of any kind without the written consent of the Town of Marana. 4. No approval, permit or authorization by the Town of Marana authorizes violation of any federal or state law or regulation or relieves the applicant or the land owner from responsibility to ensure compliance with all applicable federal and state laws and regulations, including the Endangered Species Act and the Clean Water Act.  Appropriate experts should be retained and appropriate federal and state agencies 5. Marana Town Council Meeting 9/17/2019 Page 193 of 319 should be consulted to determine any action necessary to assure compliance with applicable laws and regulations. The developer shall dedicate, or cause to have dedicated, the necessary rights-of-way for Marana Main Street and Sandario Road. [This condition has been satisfied by the recording of the Marana Main Street subdivision plat, and has been deleted from the list of conditions.] 6. A drainage study must be submitted by the developer and accepted by the Town prior to approval of any preliminary plat or development plan. 7. Potential buyers shall be notified that some or all of the property in this rezoning may be subject to an annual tax and assessment by Cortaro Marana Irrigation District and Cortaro Water Users' Association. 8. A detailed traffic analysis shall be submitted and accepted by staff prior to approval of any preliminary plat or development plan. 9. The developer will be responsible for the design and construction of any roadway improvements that the Town requires based on the data and findings of the accepted traffic impact analysis and other traffic studies that will be required at the platting or development plan stages of this project.  10. A Sewer Service Agreement and Master Sewer Plan shall be submitted by the Developer and accepted by the Marana Water Department prior to the approval of any preliminary plat or development plan. 11. The property owner shall transfer, by the appropriate Arizona Department of Water Resources form, those water rights being IGR, Type I or Type II to the Town of Marana for the Town providing designation of assured water supply and water service to said property. If Type I or Type II are needed on said property, the Town and developer/landowner shall arrive at an agreeable solution to the use of those water rights appurtenant to said land. 12. To ensure that the historical heritage of the site is remembered, in the first phase of this development the developer will build and install to Town specifications a marker commemorating the cotton production and processing that occurred on this site. Maintenance of the heritage marker will be the responsibility of the Town of Marana. 13. The Specific Plan document may be subject to minor grammatical and illustrative changes prior to Town Council consideration. 14. An annual report shall be submitted within 30 days of the anniversary of the Town Council’s approval of the Specific Plan in addition to those requirements listed in the Land Development Code and Specific Plan.   15. Within 60 days of adoption of this ordinance by the Mayor and Council approving the amendments to the Marana Main Street Specific Plan, the applicant shall provide the Planning Department with the following final edition of the amended Marana Main Street Specific Plan: one non-bound original; five bound copies; and three digital copies in Microsoft Word or other acceptable format. 16. The developer of each lot in this project will be responsible for the design and construction of Marana Main Street to its ultimate cross section along the frontage of said developer’s project property. 17. Suggested Motion: I move to adopt Ordinance No. 2019.020, amending the Marana Main Street Specific Marana Town Council Meeting 9/17/2019 Page 194 of 319 I move to adopt Ordinance No. 2019.020, amending the Marana Main Street Specific Plan. Attachments Ordinance 2019.020 Marana Main Street Specific Plan Amendment Application Applicant Narrative Marana Main Street Proposed Amendments - REDLINES Marana Main Street Final Draft Land Use Designations Map Exhibit Proposed Concept Plan Exhibit Council Presentation Marana Town Council Meeting 9/17/2019 Page 195 of 319 00065489.DOCX /1 Ordinance No. 20 19.020 - 1 - 9/9/2019 10:25 AM MARANA ORDINANCE 2019.020 RELATING TO DEVELOPMENT; APPROVING AMENDMENTS TO THE MARANA MAIN STREET SPECIFIC PLAN WHEREAS the Marana Main Street Specific Plan was adopted by the Marana Town Council November 18, 2008, by Ordinance 2008.24 ; and WHEREAS the Marana Main Street Specific Plan was amended by the Marana Town Council March 19, 2013, by Ordinance 2013.004; and WHEREAS the owners of the remaining undeveloped land subject to the Marana Main Street Specific Plan have submitted a request for amendment of the Marana Main Street Specific Plan as it applies to the remaining undeveloped land; and WHEREAS the Marana Planning Commission held a public hearing on August 28, 2019, and voted 6-0 to recommend that the Town Council approve the reques ted amendment, including the conditions authorized by Ordinance 2013.004; and WHEREAS the Marana Mayor and Town Council held a public hearing on Se ptember 17, 2019, and determined that the amendment to the Marana Main Street Specific Plan should be approved. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of Marana, Arizona, as follows: Section 1. The Marana Main Street Specific Plan is hereby amended updating the Development Plan and Development Regulations of the current plan to allow for the development of additional businesses with drive -through facilities in the Highway Support Commercial land use designation area, without the requirement for a conditional use permit, and to allow for the development of a pharmacy with associated drive-through on the southeast corner of Marana Main Street and Sandario Road in the Marana Main Street Commercial land use designation area, upon approval of a conditional use permit. Section 2. The purpose of this amendment is to modify the specific plan to clarify, and provide opportunities similar to other developments, in developing the commercial project design, subject to the following conditions, the violati on of which shall be treated in the same manner as a violation of the Town of Marana Land Development Code (but which shall not cause a reversion of this rezoning ordinance): Marana Town Council Meeting 9/17/2019 Page 196 of 319 00065489.DOCX /1 Ordinance No. 20 19.020 - 2 - 9/9/2019 10:25 AM 1. Compliance with all applicable provisions of the Town’s codes and ordinances current at the time of any subsequent development including, but not limited to, requirements for public improvements. 2. Any preliminary plat or development plan shall be in general conformance with the Land Use Concept of the Marana Main Street Specific Plan as amended by this ordinance. 3. This project is located within the Northwest Marana Transportation, Lower Santa Cruz River Levee, and Marana Park Benefit Areas, and will be subject to those development impact fees at time of permitting. 4. The property owner shall not cause any lot split of any kind without the written consent of the Town of Marana. 5. No approval, permit or authorization by the Town of Marana authorizes violation of any federal or state law or regulation or relieves the applicant or the land owne r from responsibility to ensure compliance with all applicable federal and state laws and regulations, including the Endangered Species Act and the Clean Water Act. Appropriate experts should be retained and appropriate federal and state agencies should be consulted to determine any action necessary to assure compliance with applicable laws and regulations. 6. A master drainage study must be submitted by the developer and accepted by the Town prior to approval of any preliminary plat or development plan. 7. Potential buyers shall be notified that some or all of the property in this rezoning may be subject to an annual tax and assessment by Cortaro Marana Irrigation District and Cortaro Water Users ’ Association 8. A detailed traffic analysis shall be submitted and ac cepted by staff prior to approval of any preliminary plat or development plan. 9. The developer will be responsible for the design and construction of any roadway improvements that the Town requires based on the data and findings of the accepted traffic impact analysis and other traffic studies that will be required at the platting or development plan stages of this project. 10. A Sewer Service Agreement and Master Sewer Plan shall be submitted by the developer and accepted by the Marana Water Department prior to the approval of any preliminary plat or development plan. 11. The property owner shall transfer, by the appropriate Arizona Department of Water Resources form, those water rights being IGR, Type I or Type II to the Town of Marana for the Town providing designation of assured water supply and water service to said property. If Type I or Type II are needed on said property, the Town and developer/landowner shall arrive at an agreeable solution to the use of those water rights appurtenant to said la nd. Marana Town Council Meeting 9/17/2019 Page 197 of 319 00065489.DOCX /1 Ordinance No. 20 19.020 - 3 - 9/9/2019 10:25 AM 12. To ensure that the historical heritage of the site is remembered, in the first phase of this development the developer will build and install to Town specifications a marker commemorating the cotton production and processing that occurred on this site. Maintenance of the heritage marker will be the responsibility of the Town of Marana. 13. The amended Marana Main Street Specific Plan document may be subject to minor grammatical and illustrative changes prior to Town Council consideration. 14. An annual report s hall be submitted within 30 days of the anniversary of the Town Council’s approval of the Marana Main Street Specific Plan in addition to those requirements listed in the Land Development Code and Specific Plan. 15. Within 60 days of the adoption of this ordinance , the applicant shall provide the Planning Department with the following final edition of the amended Marana Main Street Specific Plan: one non-bound original; five bound copies; and three digital copies in Microsoft Word or other acceptable format. 16. The developer of each lot in this project will be responsible for the design and construction of Marana Main Street to its ultimate cross section along the frontage of said developer’s project property. Section 3. All ordinances, resolutions and motions and parts of ordinances, resolutions, and motions of the Marana Town Council in conflict with the provisions of this ordinance are hereby repealed, effective as of the effective date of this ordinance . Section 4. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions hereof. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 17th day of September, 2019. Mayor Ed Honea ATTEST: Cherry Lawson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Town Council Meeting 9/17/2019 Page 198 of 319 Development Services / maranaplanning@maranaAZ.gov 11555 West Civic Center Drive / Marana, AZ 85653 Ph (520) 382-2600 / Fax (520) 382-2641 / maranaAZ .gov PROJECT APPLICATION APPLICATION TYPE  Annexation  Development Plan  Development Plan Package  General Plan Amendment  Rezone  Minor Land Division  Significant Land Use Change  Conditional Use Permit  Specific Plan  Landscape Plan  Native Plant Plan/Exception  SWPP  Variance  Hydraulic Model  Sewer Capacity Assurance  Sign Program  Plat  Improvement Plan  Report (Type): ______________  Other: ___________________ PROJECT INFORMATION Project Name: Description of Project: Number of Lots: Parcel No.(s): Gross Area (Acres): Project Address: Ref. Project No.: CONTACT INFORMATION Owner: Contact Name: Address: City: State: Zip: Email: Phone No.: Applicant: Contact Name: Address: City: State: Zip: Email: Phone No.: Consultant/Engineer: Contact Name: Address: City: State: Zip: Email: Phone No.: OWNER/APPLICANT AUTHORIZATION I hereby certify that the information set forth in this application are true and correct to the best of my knowledge and that I am either the owner of the property or that I have been authorized in writing by the owner to file this application. (If applicant is not the owner, attach written authorization from the owner.) Applicant Name (PRINT) Signature Date FOR OFFICIAL USE ONLY Project No.______________________ Date Received____________________ Revision Date 03/29/2019 Marana Town Council Meeting 9/17/2019 Page 199 of 319 Marana Main Street Specific Plan - Second Amendment Application Attachment Parcel Numbers: Block 1: 217280330, 217280340 Block 2: 217280350 Block 3: 21728036A Block 4: 21728037A Block 5: 217280380 Block 6: 217280390 Block 7: 217280400 Block 8: 217280410 Block 9: 217280420, 217280430 Block 10: 217280440 Common Area A 21728045A Marana Town Council Meeting 9/17/2019 Page 200 of 319 BRUCE R. CALL AECMBRUCE R. CALL AECMBRUCE R. CALL AECMBRUCE R. CALL AECM PLLCPLLCPLLCPLLC ARCHITECTUREARCHITECTUREARCHITECTUREARCHITECTURE 4572 E. CAMP LOWELL DRIVE4572 E. CAMP LOWELL DRIVE4572 E. CAMP LOWELL DRIVE4572 E. CAMP LOWELL DRIVE ENGINEERINGENGINEERINGENGINEERINGENGINEERING TUCSON, ARIZONA 85712TUCSON, ARIZONA 85712TUCSON, ARIZONA 85712TUCSON, ARIZONA 85712 CONSTRUCTION MANAGEMENTCONSTRUCTION MANAGEMENTCONSTRUCTION MANAGEMENTCONSTRUCTION MANAGEMENT (520) 722-3668 FAX (520) 722-3604(520) 722-3668 FAX (520) 722-3604(520) 722-3668 FAX (520) 722-3604(520) 722-3668 FAX (520) 722-3604 August 19, 2019 Cynthia Ross, AICP, Senior Planner Town of Marana 11555 W. Civic Center Drive Marana, Arizona 85653 Re: Marana MainStreet Specific Plan Amendment Dear Cynthia: Enclosed is the Project Narrative for the proposed specific plan amendment. The specific plan document has been previously sent to your office by email. Thank you for your help. If there are any questions please let me know. Sincerely, Bruce R. Call, P.E. Enclosure PROPOSED SPECIFIC PLAN AMENDMENT MARANA MAINSTREET PROJECT NARRATIVE August 19, 2019 INTRODUCTION The Marana MainStreet development area was initially planned for shops, restaurants, retail, and hotels based on the best information available at the time with the understanding that, like all plans, the market would also present changes which could be made as necessary within the general framework of the plan. The market has since revealed that the area north of Main Street is more attractive for restaurants and retail while the area south of Main Street would also include hotels, offices and other types of commercial. Part of this change is logically because the increased distance from the Interstate highway makes the hotels quieter for the patrons while the traffic is not generally a concern with the restaurant and retail businesses. With this in mind, it is proposed that the specific plan be amended to reflect the changes presented by the current market. USES The contemplated uses for the total subdivision are essentially the same as for the previously approved specific plan and include restaurants, retail, hotels, offices, financial, pharmacy and general commercial uses. The specific location of the uses needs to be flexibile to be responsive to the current market. With the exception of the lots on Sandario Road, it is anticipated that the parcels adjacent to Marana Main Street will have businesses which can generally hug the street to reinforce the village concept contemplated. The intent is to have visible shops and restaurants with quick access parking along Marana Main Street and additional parking in the rear. The traffic will be slow and the pedestrian circulation encouraged by covered walkways and appropriate landscaping. The parcel on the south corner of Marana Main Street and Sandario Road is targeted for a pharmacy with drive through or other similar use. The highway support commercial parcels closer to the interstate highway will have more active functional applications such as the fast food restaurants, grocery store, financial, business, and other general retail uses. CCRs The existing CCRs remain unchanged and provide a mechanism for the Owner’s Association to maintain shared driveways, landscaping and common areas. In light of the information presented herein, it appears that this specific plan amendment should be able to facilitate the common goals of the Town of Marana and the current land developers. We respectfully request your expeditious approval and look forward to working with the Town as this moves forward. Thank you. Marana Town Council Meeting 9/17/2019 Page 202 of 319 Marana Main Street S P E C I F I C P L A N A M E N D M E N T R e v i s e d A u g u s t 2 0 1 9 P C Z - 19 07 - 0 01 Marana Town Council Meeting 9/17/2019 Page 203 of 319 Marana Main Street SPECIFIC PLAN Amendment PCZ1907-001 Submitted to: TOWN OF MARANA 11555 West Civic Center Drive Marana, Arizona 85653 Prepared by: LONG RANGE PLANNING TOWN OF MARANA PLANNING DEPARTMENT Marana, Arizona 85653 and MARANA MAIN STREET LLC 4572 E. Camp Lowell Drive Tucson, Arizona 85712 August 2019 Deleted: SPA-13004 Deleted: June Marana Town Council Meeting 9/17/2019 Page 204 of 319 Table of Contents Marana Main Street Specific Plan i Section I: Introduction A. Specific Plan Summary ...................................................................................................... I-1 B. Location ............................................................................................................................. I-1 C. Authority and Scope .......................................................................................................... I-1 D. Legal Description ............................................................................................................... I-2 Section II: Development Plan A. Purpose and Intent ........................................................................................................... II-1 B. Objectives of the Specific Plan .......................................................................................... II-1 C. Relationship to Town Policy Documents ........................................................................... II-1 1. Marana 2010 General Plan ......................................................................................... II-1 2. Marana Strategic Plan ................................................................................................ II-2 3. Economic Roadmap ................................................................................................... II-2 4. Single Central Business District .................................................................................. II-2 D. Compatibility with Adjoining Development ........................................................................ II-2 E. Land Use Concept Plan .................................................................................................... II-3 1. Highway Support Commercial .................................................................................... II-3 2. Marana Main Street Commercial ................................................................................ II-3 F. Circulation Concept Plan .................................................................................................. II-4 G. Grading Concept ............................................................................................................... II-5 H. Post Development Hydrology ........................................................................................... II-5 I. Viewsheds ........................................................................................................................ II-5 J. Open Space and Recreation Concept .............................................................................. II-5 K. Cultural Resources ........................................................................................................... II-6 L. Infrastructure and Public Facilities .................................................................................... II-6 1. Sewer ......................................................................................................................... II-6 2. Fire Service ................................................................................................................. II-6 3. Water .......................................................................................................................... II-6 4. Schools ....................................................................................................................... II-6 5. Public Utilities ............................................................................................................. II-6 Marana Town Council Meeting 9/17/2019 Page 205 of 319 Table of Contents Marana Main Street Specific Plan ii Section III: Development Regulations A. Purpose and Intent .......................................................................................................... III-1 B. General Provisions .......................................................................................................... III-1 1. Applicability of Town of Marana Land Development Code ......................................... III-1 2. Building Code ............................................................................................................ III-1 3. Additional Uses .......................................................................................................... III-1 4. Mix of Uses ................................................................................................................ III-1 C. Development Regulations ............................................................................................... III-2 1. Permitted Uses ......................................................................................................... III-2 2. Accessory Uses ........................................................................................................ III-2 3. Conditional Uses ....................................................................................................... III-2 4. Prohibited Uses ........................................................................................................ III-4 5. Development Standards ........................................................................................... III-4 a. Land Use Designation Exclusive Standards……...…………………….……………III-5 1. Highway Support Commercial........................................................................... III-5 2. Marana Main Street Commercial ..................................................................... III-5 b. Standards Applicable to the Entire Marana Main Street Specific Plan……………..III-6 D. Design Standards ......................................................................................................... III-10 1. Purpose and Intent .................................................................................................. III-10 2. Authority and Scope ................................................................................................ III-10 3. Circulation Standards............................................................................................... III-10 4. Site Planning ............................................................................................................ III-12 5. Landscape Design Standards .................................................................................. III-13 6. Architectural Standards ............................................................................................ III-15 7. Signage ................................................................................................................... III-17 8. Exterior Lighting ....................................................................................................... III-17 9. Commemorative Marker/Monument ........................................................................ III-17 Section IV: Implementation and Administration A. Purpose ........................................................................................................................... IV-1 B. Proposed changes to Zoning Ordinance ......................................................................... IV-1 Marana Town Council Meeting 9/17/2019 Page 206 of 319 Table of Contents Marana Main Street Specific Plan iii C. General Implementation Responsibilities ......................................................................... IV-1 D. Development Review Procedures .................................................................................... IV-1 E. Phasing ............................................................................................................................ IV-2 F. Specific Plan Administration ............................................................................................ IV-2 G Fees ................................................................................................................................. IV-3 Appendices Definitions ............................................................................................................................... A-1 List of Exhibits Exhibit I.B.1: Regional Context Map ...................................................................................... I-3 Exhibit I.B.2: Location Map .................................................................................................... I-4 Exhibit II.D: Existing Land Use ............................................................................................ II-8 Exhibit II.E.1: Land Use Designations .................................................................................... II-9 Exhibit II. E.2: Land Use Concept ......................................................................................... II-10 Deleted: Legal Description B-1¶ Marana Town Council Meeting 9/17/2019 Page 207 of 319 I. Introduction Marana Town Council Meeting 9/17/2019 Page 208 of 319 Introduction Marana Main Street I-1 Specific Plan A. Specific Plan Summary The Marana Main Street Specific Plan is comprised of a development plan, development regulations, implementation and administration section, and an appendix. A Development Capability Report is not included. The site was previously analyzed and a Development Capability Report was submitted and approved with the Cotton Gin Property/Yankee Point rezoning by Ordinance 2001.24. The Marana Main Street Specific Plan originated by Ordinance 2008.24 which changed the zoning of the property from the A and VC zones to F, Specific Plan. The Marana Main Street Specific Plan is intended to provide the framework for a stable and attractive commercial development. The plan will provide economic and employment opportunities for the Town of Marana in the form of tax revenue and employment generating businesses by creating a mixed-use, interactive development that combines regional and service retail, entertainment, office/housing, and hospitality uses. The Marana Main Street Specific Plan establishes comprehensive guidance and regulations for the development of approximately 28 acres located in the Town of Marana. The Specific Plan establishes the development regulations, programs, development and design standards required for the implementation of the approved land use plan. The Specific Plan also provides parameters to implement the Land Use Plan by establishing policies and regulations to replace and supersede the Marana Main Street Specific Plan adopted in 2008, and other Town development regulations. The Specific Plan is regulatory and adopted by ordinance. B. Location The property is located in the northwest area of Marana (See Exhibit I.B.1 – Regional Context Map.), south of the southeast corner of Marana Road and Sandario Road in the southwest quarter of Section 22, Township 11 South, Range 11 East. (See Exhibit I.B.2 - Location Map.) C. Authority and Scope The authority for preparation of Specific Plans is found in the Arizona Revised Statutes, Section 9-461.09. The law allows the preparation of Specific Plans based on the Land Use Plan as may be required for the systematic execution of the General Land Use Plan, and further, the law allows for their review and adoption. This Specific Plan is consistent with the Town of Marana 2010 General Plan ratified on May 17, 2011. Town of Marana Ordinance 87.22 provides the uniform procedures and criteria for the preparation, review, adoption and implementation of Specific Plans in Marana. Pursuant to these state statutes and Town of Marana 87.22, a public hearing will be conducted by the Town Planning Commission and the Town Council, after which the Specific Plan ordinance may be adopted by the Town Council and become effective. Marana Town Council Meeting 9/17/2019 Page 209 of 319 Introduction Marana Main Street I-2 Specific Plan Once adopted, the Marana Main Street Specific Plan will be a regulatory plan which will serve as the zoning and development code for the subject property. Final plats and any other development approvals must be consistent with the Specific Plan. D. Legal Description Marana Main Street Final Block Plat, Blocks 1 through 10 and Common Area ‘A’ (Functional Open Space). Being a portion of the SW ¼ of Section 22, Township 11 South, Range 11 East, Gila & Salt River Meridian, Town of Marana, Pima County, Arizona. Deleted: See Appendix. Marana Town Council Meeting 9/17/2019 Page 210 of 319 Introduction Marana Main Street I-3 Specific Plan EXHIBIT 1.B.1: REGIONAL CONTEXT MAP Deleted: Formatted: Font: 12 pt Formatted: Centered Marana Town Council Meeting 9/17/2019 Page 211 of 319 Introduction Marana Main Street I-4 Specific Plan Deleted: Marana Town Council Meeting 9/17/2019 Page 212 of 319 II. Development Plan Marana Town Council Meeting 9/17/2019 Page 213 of 319 Development Plan Marana Main Street II-1 Specific Plan A. Purpose and Intent Marana Main Street is intended to implement policies of the Marana 2010 General Plan while providing a unique development that meets the specific needs of the site and the community. Development criteria established in this plan ensure quality design for the separate uses while maintaining a common theme throughout the project. This Development Plan section includes a description of the objectives and policies of the plan combined with various plan components that will meet the Town’s vision for development in Northwest Marana. The Development Plan provides a logical continuation of the principles and design criteria of the Marana Municipal Complex area to the south and the broader Single Central Business District. This section provides the rationale for the Development Regulations in Section III. B. Objectives of the Specific Plan The objective of the Marana Main Street Specific Plan is to create a development that will provide an attractive, vibrant place for visitors and local residents to shop, dine, do business or stay a few days at a hotel. The land use concept provides a variety of things to do and a number of ways to get around the development. This development has two complimentary commercial land use designations; Highway Support Commercial in the northern portion of the project and Marana Main Street Commercial in the southern section of the development. The Marana Main Street Specific Plan plays a key role in the development of the downtown area, along with the extension of Marana Main Street to the south, and serves to connect to the Marana Health Center and Marana Municipal Complex off Civic Center Drive. C. Relationship to Town Policy Documents The intent of the Marana Main Street Specific Plan is to further promote and meet the goals and objectives in the Marana 2010 General Plan, the Marana Strategic Plan II, the Economic Roadmap, and the Single Central Business District. Marana 2010 General Plan Marana Main Street has been designed to achieve the goals and policies set forth in the Marana 2010 General Plan. The Marana Main Street Specific Plan addresses the General Plan’s land use goal to provide opportunities for diverse developments that maximize the benefits to the community and promotes new development that is compatible with existing land uses. Located in the northwest growth area, this plan is located in an area targeted as the primary growth area in the next decade and will provide services not currently offered. Marana Town Council Meeting 9/17/2019 Page 214 of 319 Development Plan Marana Main Street II-2 Specific Plan Marana Strategic Plan II Marana Main Street promotes strategies outlined in the Strategic Plan II’s Commerce focus area fulfilling a number of important initiatives including the initiative to allocate and maximize town resources to engage in the recruitment, retention, and expansion of business and industry. This project will also recruit new commercial businesses, encourage the development of the Marana Downtown/Main Street area and promote development of the Downtown Activity Center as outlined in the Marana Economic Roadmap. Economic Roadmap In order to achieve successful economic growth, the Marana Economic Roadmap identifies nine economic activity centers, each having its own set of opportunities and challenges due to the unique characteristics within the Marana Planning Area. This level of comprehensive planning allows the Town to focus its investment and resources on creating a variety of unique places that will attract commerce and economic activities. The intent of the activity center concept is to target specific businesses or encourage appropriate types of development to locate in a specific activity center. Marana Main Street is located in the Downtown Activity Center. Downtown Marana as currently envisioned is a large Activity Center, identified as part of the Council-approved Single Central Business District. This area can include a variety of development areas tied together with unifying design features. Single Central Business District The Marana Main Street Specific Plan is situated in the northwest area of Marana within the Single Central Business District. (See Exhibit I.B.1: Regional Map.) The Single Central Business District is envisioned as a vital center of commerce and is part of an economic development strategy to reinvestment in our community, support existing business and promote new development by the private sector. Creating a central commerce area for Marana began with the Town Council’s authorization of a Single Central Business District (CBD) by Resolution 2008.60. D. Compatibility with Adjoining Development The Marana Main Street Specific Plan seeks to be compatible with the existing and planned development in the area (see Exhibit II.D.– Existing Land Use). The proposed development is a mixed-use program that represents a key component of the live-work- play lifestyle sought for Marana. The core of the live-work-play design philosophy provides opportunities to integrate surrounding land uses so that people can do all three activities without going elsewhere. Marana Main Street will integrate and complement existing and adjacent planned development to achieve this lifestyle. Marana Town Council Meeting 9/17/2019 Page 215 of 319 Development Plan Marana Main Street II-3 Specific Plan The development plan is compatible with the development trends in the surrounding area and along Interstate 10, incorporating consideration of the needs of travelers on the Interstate as well as the needs of residents of Northwest Marana and surrounding areas. To minimize potential impacts to area residents, freeway oriented uses will be located along the northern portion of the site closer to the I-10 and Frontage Road. Transitioning to the south, the project will become more community oriented and will include less intense uses. Along the southern property line a 50’ landscape setback will be utilized to attenuate noise and visual impacts to the residents to the south in Marana Vistas. E. Land Use Concept Plan The Marana Main Street Specific Plan has the advantage of location and proximity. Situated along Interstate 10 between Tucson and Phoenix in the Sun Corridor, this site can support several types of commercial activity (See Exhibit II.E.1 – Land Use Designations). This plan proposes Highway Support Commercial in the northwest portion of the site, near Interstate 10, and Marana Main Street Commercial to the southwest and northeast, closest to an existing neighborhood and proposed mixed-use development. (See Exhibit II.E.2 - Land Use Concept for an illustrative depiction of how development within Marana Main Street Specific Plan may occur.) The plan contains two commercial land use designations, Highway Support and Marana Main Street. Both land uses will share the live, work, play, shop character sought for in this development. Pedestrian connections, largely in the form of sidewalks, will be provided to all areas of the project and will be clearly designated using decorative paving or other specialty treatment to accommodate pedestrian access. Plazas and public open spaces are envisioned among the commercial and restaurant uses at street-level to encourage extended pedestrian activity and community gatherings. Buffering techniques along Sandario Road will be used to beautify both the Highway Support Commercial and Marana Main Street Commercial to increase the area’s viability. Highway Support Commercial Highway support opportunities include commercial development with hospitality, convenience related establishments including businesses with associated drive-through facilities. These uses will provide new services not currently offered, and help to revitalize this important Sandario Road community. Marana Main Street Commercial The southern portion of the Marana Main Street Commercial area will have Main Street themes. Community oriented commercial development with street level retail and upper level office or residential use will bring home the live, work, play, shop environment needed in this area. The northeast portion of the development area will have a large Deleted: and Deleted: A bank with a drive-thru teller and restaurant with a drive-thru may be located on Sandario Road, a hotel is planned in the northeast area of the Highway Support Commercial Area. ¶ Marana Town Council Meeting 9/17/2019 Page 216 of 319 Development Plan Marana Main Street II-4 Specific Plan freestanding building with pedestrian access along the Marana Main Street roadway and proposed private drive to the hotels and Frontage Road. On-street parking will be provided on the western half of the Marana Main Street roadway, parking lots will be located behind the commercial buildings with convenient pedestrian connections to the storefronts. The proposed multi-story Marana Main Street buildings will have retail shops, restaurants and commercial services at the street level, and offices or residences above. The ground floor is envisioned to have a variety of shop fronts and displays; this, along with the incorporation of plazas and other types of public gathering places at crucial nodes will invite the social connections so important to making a place successful. A pharmacy with associated drive-through window is allowed on the southeast corner of Sandario Road and Marana Main Street with approval of a conditional use permit. F. Circulation Concept Plan This project has a critical link to the Marana Main Street roadway, providing circulation between Grier and Sandario Road, which should be constructed as a single project. The Marana Main Street roadway will bisect the development and will provide internal access to the project and to Barrios de Marana. Marana Main Street and Sandario Road will service the project. Marana Main Street is to be a road that lends itself to creating a vibrant area. By creating the flexibility in the cross-section we can have sidewalks, be provided with shade structures that are on private property and not in the public rights of way. Internal access lanes lead from the Marana Main Street roadway to serve the development. Location of these access points and the internal circulation pattern separates the freeway oriented development on the north from the community development to the south. Access to Frontage Road could facilitate freeway access but will be dependent upon the ultimate resolution of Frontage Road by the Arizona Department of Transportation (ADOT) and the Town of Marana. To address capacity levels of service, more precise ADTs, and improvements needed for specific uses, a detailed traffic analysis will be provided to the Town of Marana at the time of development plan review. The detailed traffic analysis will also address the proposed access impacts on the existing developments surrounding the site, a capacity analysis for the proposed off site streets, and a description of the improvements required for this project. Pedestrian paths and sidewalks will connect all uses and areas within the Marana Main Street Specific Plan as alternatives to vehicular circulation. Open space will be easily accessed within the 28 acre area. Regularly spaced breaks between buildings in Marana Main Street will be provided to encourage pedestrian activity. Connections to areas beyond the Specific Plan have also been incorporated into the project design, including sidewalks at Sandario Road, Denny Road, and to the east along Frontage Road. Deleted: Marana Town Council Meeting 9/17/2019 Page 217 of 319 Development Plan Marana Main Street II-5 Specific Plan G. Grading Concept Due to its previous use as a cotton production facility, the site has been completely graded. Additional grading will create drainage basins and other on-site drainage features. Additional geotechnical studies will be completed prior to site disturbance to determine the extent of grading required. H. Post Development Hydrology The project area is proposed to transition from vegetative open space to a commercial development project. The project will conform to Town of Marana hydrology standards. The entire site is in an established 100 year floodplain. Finished floor elevations shall be situated no less than one foot above the 100 year water surface elevation for the adjacent drainage basin and 100 year flood plain. The development of this site will not alter the drainage characteristics of any upstream or downstream property owners. The project site falls within the Santa Cruz levee benefit area and therefore will be subject to impact fees current at the time of platting or development plan approval. The development of this site will be in conformance with the Town of Marana detention and retention standards. All on-site generated storm water runoff will be conveyed to proposed drainage basins as surface flow. I. Viewsheds Development on this site will not impair views of significant off-site features for properties adjacent to the site. Views may be impacted from the adjacent convenience store and from the northernmost residents of the Marana Vista subdivision. A 50 foot landscape buffer along the southern edge of the property will mitigate potential impacts. Due to the prevailing flat topography of the project site and the relatively flat terrain of surrounding properties, the subject property is highly visible from all adjacent property. Landscaping buffering will soften the visual impact of this development. The development should have little or no negative impact to the views of the existing businesses along Sandario Road. J. Open Space and Recreation Concept Urban open space areas will be sprinkled throughout the development in the form of plazas and enclaves. Visitors will want to congregate in these areas as these spaces will offer shade and inviting design features. Pedestrian amenities include benches and Marana Town Council Meeting 9/17/2019 Page 218 of 319 Development Plan Marana Main Street II-6 Specific Plan green spaces. Plants chosen for their form, color, drama, stateliness and shade qualities offer relief and passive recreation opportunities. K. Cultural Resources A surface inspection of the entire site will be completed in conjunction with the subdivision plat and/or development plan submittals. Based on the findings of cultural resource inspections, appropriate measures will be taken in accordance with applicable federal, state and local regulations. L. Infrastructure and Public Facilities Sewer The developer will enter into a Sewer Service Agreement for required facilities and capacity with the wastewater provider. Fire Service The Marana Main Street Specific Plan area is within the boundaries of the Northwest Fire and Rescue District. The nearest fire station (Northwest Fire District Station #36) is located at 13475 N. Marana Main Street, approximately 1/2 mile south of the project site. Water The developer will enter into a Water Service Agreement for required facilities with the water provider. Schools The property is within the Marana Unified School District (MUSD). Estes Elementary School, Marana Middle School and the Marana Plus Alternative Education facility are located across the street to the east of the project site. Marana High School is located approximately 6 miles south of the project site. In addition, a new high school is planned approximately one mile south and west of the project site. Public Utilities a. Natural Gas Southwest Gas serves this area and will provide service to the property. b. Communications Telephone service and line installation is available in this area through Qwest Communications. Comcast Cable has cable infrastructure in this area and can provide service to the property. c. Electric Power Electric Power will be provided by Tucson Electric Power Company. Marana Town Council Meeting 9/17/2019 Page 219 of 319 Development Plan Marana Main Street II-7 Specific Plan d. Cortaro Marana Irrigation District (CMID) The project is within the Cortaro Marana Irrigation District Marana Town Council Meeting 9/17/2019 Page 220 of 319 Development Plan Marana Main Street II-8 Specific Plan Deleted: Marana Town Council Meeting 9/17/2019 Page 221 of 319 Development Plan Marana Main Street II-9 Specific Plan Deleted: Marana Town Council Meeting 9/17/2019 Page 222 of 319 Development Plan Marana Main Street II-10 Specific Plan EXHIBIT II.E.2: MARANA MAIN STREET CONCEPTUAL SITE PLAN Deleted: Formatted: Font: 14 pt, Bold Formatted: Centered Deleted: Exhibit II.E.2. Deleted: - Marana Main Street Conceptual Site Plan Marana Town Council Meeting 9/17/2019 Page 223 of 319 III. Development Regulations Marana Town Council Meeting 9/17/2019 Page 224 of 319 Development Regulations Marana Main Street III-1 Specific Plan A. Purpose and Intent These regulations will serve as the primary mechanism for implementation of the Marana Main Street Specific Plan. The Marana Main Street Specific Plan Development and Design Standards are intended to establish the intensity and character of the development by prescribing site-specific standards that are tailored to the unique qualities of the project. The regulations contained within this section provide an appropriate amount of flexibility to anticipate future needs and to achieve compatibility with surrounding land uses. The project has two land use designations, Highway Support Commercial and Marana Main Street Commercial. B. General Provisions 1. Applicability of the Town of Marana Land Development Code If an issue, condition, or situation arises or occurs that is not addressed by this Specific Plan, the applicable portions of the Town of Marana Land Development Code that are in place at the time of development shall apply. 2. Building Code All construction within the Specific Plan area shall comply with all currently adopted building codes and regulations. 3. Additional Uses Whenever a use has not been specifically listed as being a permitted use in the particular zone classification within the Specific Plan, it shall be the duty of the Planning Director to determine if said use is: (1) consistent with the intent of the zone, and (2) compatible with other listed permitted uses. Any person aggrieved by the determination may appeal that decision to the Marana Board of Adjustment. 4. Mix of Uses Permitted uses are encouraged to be mixed, both horizontally and vertically, and subject to applicable building safety codes and regulations. Specifically, the Marana Main Street Specific Plan promotes a vertical mix of uses along Marana Main Street and Sandario Road where commercial establishments occupy space at street level with office and residential uses above. Marana Town Council Meeting 9/17/2019 Page 225 of 319 Development Regulations Marana Main Street III-2 Specific Plan C. Development Regulations 1. Permitted Uses  Boutique hotels  Churches, synagogues, or similar place of worship  Clinics/therapy services  Commercial/retail  Commercial/retail with associated drive-through window in the Highway Support Commercial Land Use designation.  Day care services  Educational uses  Entertainment services  Financial services  Fitness centers and other commercial recreation  Food and beverage services including bars, restaurants and diners  Hotels or motels  Institutional uses  Offices  Open Spaces, including public spaces  Personal services  Pharmacy with associated drive-through window in the Marana Main Street Land Use Designation on the southeast corner of Sandario Road and Marana Main Street with approval of a Conditional Use Permit.  Residential within a mixed-use building (subject to 5.b.5.)  Warehouses associated with retail sales  Other uses – Any use similar in nature and intensity to a use listed within the above categories as determined by the Planning Director. 2. Accessory Uses The following accessory uses are permitted when associated with the principal permitted use:  Outdoor seating, courtyards, and recreational facilities  Parking structures  Covered parking  Outdoor retail and service display areas 3. Conditional Uses All conditional uses shall require a Conditional Use Permit reviewed and approved as prescribed in the Land Development Code. The request must be consistent with the purpose and intent of the Marana Main Street Specific Plan, and may be subject to additional special conditions and limitations. Conditional uses that may be permitted include the following: Formatted: Indent: Left: 0.75", Hanging: 0.47", Bulleted + Level: 3 + Aligned at: 0.25" + Tab after: 1" + Indent at: 1", Tab stops: 1", Left Deleted: (including drive-through facilities – subject to the Section¶ 3.b.1-3.) Marana Town Council Meeting 9/17/2019 Page 226 of 319 Development Regulations Marana Main Street III-3 Specific Plan a. Any commercial use with a first story single tenant space floor area greater than 70,000 square feet. b. Drive-through facilities for a pharmacy, with the following criteria: 1. The development is limited to the lot on the southeast corner of Marana Main Street and Sandario Road. 2. The siting of drive-through windows must be located behind and screened by the principal building, 3. Location and design of the access driveway shall minimize impacts on pedestrian activity. 4. Stacking of cars shall not be permitted in an access driveway, and instead the parking lot must be used for stacking. 5. The design precludes vehicular access conflicting with an existing or planned adjacent use. 6. The facility is located to minimize noise and odors. c. Indoor self-storage facility 1. All indoor self service storage shall be subject to the following use and design standards, in addition to all other applicable regulations: a. Building must be located towards the Frontage Road. b. All storage shall be inside a building or fully enclosed structure. c. Vehicle parking shall be for provided for loading and unloading. Motor vehicles shall not be parked overnight or otherwise stored within or outside the site. d. Storage of flammable or hazardous materials and explosives is prohibited, as well as storage of any materials that are offensive or noxious because of odors, dust, or fumes. e. Building facades shall be two or more stories and have the appearance of a multi-story building through the use of windows, doors, awnings, canopies or other appropriate building elements. f. All structures within Marana Main Street must meet the Commercial Design Standards. g. No outdoor storage of vehicles, supplies or equipment shall be permitted. h. Only “dead storage” shall be permitted, which shall mean the keeping of goods not in use and not associated with any office, retail or other business activity conducted on premises. Conducting an office, retail or other business or service use from a storage unit shall be prohibited. One Formatted: Indent: Left: 0.88", No bullets or numbering Deleted: restaurant, Deleted: and similar uses Deleted: l Deleted: ots located north of Marana Main Street or located on Sandario Road four (4) and five (5) Formatted: Normal, Indent: Left: 1.01", Space After: 6 pt, Add space between paragraphs of the same style Deleted: <#>¶ Formatted: Space After: 6 pt Marana Town Council Meeting 9/17/2019 Page 227 of 319 Development Regulations Marana Main Street III-4 Specific Plan administrative office for the proprietor of the self-storage business shall be permitted within the facility in appropriately designed space. d. Marana gateway sign up to eighty-five (85) feet in height. e. Electronic Message Display sign subject to the following criteria: 1. General a. All electronic message displays shall be integrated into a permitted on- premise freestanding monument sign, pole sign, or traffic directional sign. Electronic message displays shall conform to the size and placement standards otherwise applicable for the site, provided that the area of the electronic display component shall not exceed 50% of the total allowable sign area for the permitted sign. b. No more than one two-sided electronic message display shall be permitted for each street frontage of an individual property or development. c. The conversion of an existing conforming freestanding monument sign, pole sign, or traffic directional sign to an electronic message display is permitted. The conversion of an existing non-conforming sign to an electronic message display is prohibited. 2. Location / Placement a. Electronic message displays shall only be located on property adjacent to Interstate 10 as designated by the Town of Marana Engineering Department. 3. Display and Operation a. The use of sound is prohibited. 4. Illumination a. All electronic sign displays shall be illuminated in accordance with the currently adopted standards defined in the Town of Marana Outdoor Lighting Code. 4. Prohibited Uses  Agricultural equipment or industrial equipment sales  Automotive services including gasoline sales, automotive repair, bodywork, and vehicle sales retail Marana Town Council Meeting 9/17/2019 Page 228 of 319 Development Regulations Marana Main Street III-5 Specific Plan  Commercial outdoor storage uses, any  Contractor yards  Heavy equipment sales or lease  Industrial uses  Recreational vehicle or boat storage  Recreational vehicle or manufactured home parks  Self-service storage facility, outdoor  Other uses - Any use similar in nature and intensity to a use listed within the above categories as determined by the Planning Director. 5. Development Standards Commercial and institutional development will be subject to the requirements of the Commercial Design Standards in the Marana Land Development Code and subject further to the following standards: a. Land Use designation exclusive standards 1. Highway Support Commercial a. Setbacks 1. Any and all principal buildings, any portion of which is located in the following areas, shall be subject to the following setbacks: a. A minimum of 15 feet shall be provided on Marana Main Street from back of curb to building façade for the sidewalk and other activity areas a. 10’ setback along Sandario Road that is to be landscaped b. 20’ setback along Frontage Road 2. Marana Main Street Commercial a. Setbacks 1. Any and all principal buildings, any portion of which is located in the following areas, shall be subject to the following setbacks: b. A minimum of 15 feet shall be provided on Marana Main Street from back of curb to building façade for the sidewalk and other activity areas c. 10’ setback along Sandario Road that is to be landscaped d. 75’ setback along the Denny Road frontage e. 20’ setback along Frontage Road f. 50’ landscape setback from lots in the Marana Vista subdivision Marana Town Council Meeting 9/17/2019 Page 229 of 319 Development Regulations Marana Main Street III-6 Specific Plan 2. There shall be zero (0) setback for the first floor of building frontage on Marana Main Street except for a large freestanding, single use building which shall have a 20’ setback and a minimum 10’ landscape buffer. 3. The first floor front setback on Marana Main Street may be increased and designed as an outdoor gathering area with the following criteria: a. A shaded walkway that may be a colonnade, arcade, awning, pergola, first level floor overhang, recessed ground level floor and other similar design feature. b. The shaded walkways may encroach into the front setback and will be provided along the building edge facing the main streets. c. The continuity of shade structures can be interrupted for a structural reason, change in form, change in materials, and an aesthetic reason in such a way that the intent of a pedestrian- oriented streetscape is not lost. d. Building upper floors (above first floor) may have a zero (0) setback. b. Standards applicable to the entire Marana Main Street Specific Plan 1. Street Frontage a. The building frontage shall be as continuous as is practicable leaving spaces for pedestrian access and other functional open spaces. b. The primary entrance door of each building shall face the street frontage (except for those buildings located on Sandario Road), and shall remain unlocked during normal business hours. 2. Building Side and Rear Setback a. No minimum side or rear setbacks are required provided minimum building code requirements are met. 3. Building Separation a. A minimum of one pedestrian access shall be provided for every 150 feet of building frontage along Marana Main Street and Sandario Road for connections between the parking lots and the street. b. The pedestrian access shall be a minimum of 10 feet in width. Marana Town Council Meeting 9/17/2019 Page 230 of 319 Development Regulations Marana Main Street III-7 Specific Plan c. The minimum distance between primary structures and an accessory building or two accessory buildings shall be as per the minimum building code requirements. 4. Building Height a. Maximum building height shall not exceed 60 feet. b. Buildings along Marana Main Street (in the Marana Main Street Land Use designation) shall be a minimum of two stories. 5. Residential Standards a. Residential development (only in the Marana Main Street land use designation) shall be subject to the following standards: 1. No residential use shall be permitted on the first floor of any building. a. Each building with residential units shall have separate, private access to the residential floor(s). b. Parking spaces as required in the Land Development Code shall be clearly designated and reserved for each residential unit. c. Each unit shall include a minimum of 75 square feet of private open space in a balcony. d. Private balconies should be covered to protect from the weather and should be designed to be an extension of the interior common living area. 6. Parking and Loading Standards a. The Parking Standards in the Land Development Code shall govern the parking requirements. Some parking requirements may be reduced to account for shared use of parking spaces and to minimize the impact of paved parking areas. b. Parking areas serving buildings along Marana Main Street and Sandario Road shall be primarily located behind the building. c. A landscape buffer will be required to shield the parking area and drive- throughs from Sandario Road. d. Individual Parking Plan: An individual parking plan may be submitted to reduce the total spaces required by Town of Marana standards provided the following standards are met: 1. The plan shall be reviewed and approved by the Planning Director and the Town Engineer. Deleted: thru Marana Town Council Meeting 9/17/2019 Page 231 of 319 Development Regulations Marana Main Street III-8 Specific Plan 2. The plan shall include a parking analysis for the development. 3. On-street parking along the building frontage may be included in the parking calculations. 4. The plan shall document that the reduced parking will ensure sufficient parking for the proposed uses. 5. The plan does not cause traffic safety or operational problems. 6. A future revision to land or building uses may require submittal of a revised plan or an increase in parking spaces. 7. Bicycle Spaces a. Bicycle parking shall be subject to the following standards: 1. Bicycle parking shall be required for all development areas and distributed around the site. 2. Bicycle parking spaces shall be provided in bicycle racks equal to three percent of the required vehicle parking spaces. 3. A minimum of two bicycle parking spaces shall be required in any bike rack. 8. Screening a. All equipment, such as but not limited to, mechanical, electrical, communications and air conditioning shall be selected and located in a manner consistent with the architecture of the project and shall be screened from view from adjacent properties and public streets. Parapet walls, enclosing walls, louvers and grills shall be used to conceal from view all equipment on site or on the roofs of buildings. Exceptions may be made for equipment that, by nature of simple geometric shape, blends well with the architecture of the project. Satellite dishes and other communications equipment must be integrated with the architecture or screened in an acceptable manner. 9. Storage Standards a. Open storage of equipment and materials is prohibited. Storage areas, including areas used for dumpster of private garbage facilities, shall be subject to standards as follows: 1. Storage areas shall be screened from all streets and adjacent property. 2. The screening shall form a complete opaque screen up to a point eight feet in vertical height. Storage within the screened area may not exceed the height of the screen. Marana Town Council Meeting 9/17/2019 Page 232 of 319 Development Regulations Marana Main Street III-9 Specific Plan 3. Screening material shall be compatible in color, texture, and material with the overall architectural design of the building. 10. Landscaping a. The overall landscape design shall be one that incorporates vegetation and hardscape to create a place that encourages congregation and socialization. A variety of meeting places should be offered throughout Marana Main Street, including urban gardens or plaza areas, to create places where people want to come and enjoy leisure time, shop and dine. b. The landscape plan should reflect the energy and vitality that will occur from the mixed-use activity. The proliferation of vibrant seasonal color (showy flowers, fall color or berries), shade trees and planters with ornamental and seasonal plants, are strongly encouraged for color and variety. Vines or other organic material are preferred screening treatments, and to create intimate gathering spaces. c. All landscaped areas shall be integrated and maintained in a well-kept condition in accordance with the Marana Land Development Code. 1. All landscape buffers shall be planted in accordance with the Commercial Design Standards and shall be provided as follows: a. A minimum three foot high barrier to eliminate views of automobiles on Sandario Road. b. No minimum landscape buffer requirements will be required for buildings fronting the Marana Main Street roadway in the Marana Main Street Land Use designation. c. A minimum 50 foot landscape buffer adjacent to the lots in the Marana Vista subdivision. d. 20’ landscape buffer along Frontage Road adjacent to the Interstate 10 freeway. e. 20’ landscape buffer along Denny Road. d. A minimum of 50 percent of the trees are to be 24-inch box size and the balance shall be a minimum 15 gallon size. e. Trees shall be located in planter bays to provide a shading effect to the adjacent parking bays. Additional shrubs and groundcovers may be planted in planter bays to further reduce large areas of unbroken paving. f. Shrubs are to be used in planter bays to screen cars from street frontages, property lines, entry drives and pedestrian walkways. All other surfaces within planting areas are to be covered by organic or inorganic groundcover. g. No trees or large shrubs shall be planted within 10 feet of any entry driveway. Marana Town Council Meeting 9/17/2019 Page 233 of 319 Development Regulations Marana Main Street III-10 Specific Plan h. Shading of asphalt areas will be in accordance with the Marana Land Development Code. i. Informal groups of trees shall be planted next to structures. 11. Noise Standards a. Noise impact shall be considered and incorporated in the design of all facilities and uses to minimize the impact on mixed-use and adjacent residential properties. When appropriate, an acoustical analysis will be required as part of the plan review process. b. An event or development shall be considered to produce a noise disturbance if the sound level emitted by said development exceeds the following at the property line: 1. Noise levels in excess of 55 decibels during the hours of 6:00 a.m. to 10:00 p.m. 2. Noise levels in excess of 45 decibels during the hours of 10:00 p.m. to 7:00 a.m. D. Design Standards 1. Purpose and Intent The purpose of this document is to provide specific design criteria and standards for the Marana Main Street Specific Plan to ensure a consistent standard of quality and that the design of the project remains true to the theme and character established by the developer. 2. Authority and Scope a. The responsibility of reviewing future development plan submittals for compliance with this Specific Plan, as further described in the Implementation and Administration chapter of this plan (Section IV), falls to the Town of Marana. b. Both the developer and the Town of Marana shall be responsible for the implementation of these Design Standards. c. Being specific to the Marana Main Street Specific Plan, and in the case of a conflict with other regulations, the provisions contained herein shall prevail. d. Minor amendments to these Design Standards may occur with the approval of the developer and the review and approval of the Planning Director. Minor amendments include changes to setbacks, minor alterations to road alignments, minor alterations to site layout and configuration and any increases or decreases to parcel size within a 10% margin. Marana Town Council Meeting 9/17/2019 Page 234 of 319 Development Regulations Marana Main Street III-11 Specific Plan e. Major amendments to these Design Standards shall be subject to the same process used to amend the zoning for the Specific Plan. Major amendments include changes to the land use boundaries, any proposed amendment which conflicts with the adopted Specific Plan, and reductions to the dimensions of the required buffer areas. Other amendments which modify the zoning stipulations shall be considered a major amendment. f. If any provision herein is considered ambiguous or unclear, the Planning Director shall be responsible for interpreting the intent of these Design Standards. g. All items not specifically addressed by these Design Standards will automatically be covered by the Town of Marana Land Development Code. 3. Circulation Standards Development in Marana Main Street will establish vehicular and pedestrian connections with the existing and planned land uses around the site. It is important to make the Marana Main Street a comfortable walking and pedestrian-friendly destination. Tree lined streets, arcade building frontages, and pedestrian alleyway shortcuts will make it an easy, safe and attractive destination. To achieve this, development blocks shall have limited vehicle access points. Drives shall be located away from the pedestrian areas along Marana Main Street and Sandario Road. All off-street parking shall be located behind the buildings and have dedicated, shaded pedestrian pathways. Buildings masses shall be separated by pedestrian alleyways to create regular points of egress and ingress between the off- street parking, Marana Main Street and Sandario Road. In addition to roads and parking, the Marana Main Street Specific Plan will include a comprehensive pedestrian and bicycle circulation network. Vehicular circulation and parking should be accommodated without impacting the pedestrian experience. Adequate measures shall be provided to reduce vehicular/pedestrian circulation conflicts. a. Pedestrian and Bicycle Circulation Pedestrian-friendly communities are made possible through well-designed and efficient circulation systems. Pedestrian spaces and routes should be designed to invite non-vehicular traffic throughout Marana Main Street. Pedestrian and bicycle pathways shall be planned such that they connect all open space and development areas. These circulation routes should be recognized as recreational amenities and as alternatives to automobile circulation. 1. The Marana Main Street Specific Plan shall have sufficiently wide sidewalks with appropriate shading and pedestrian seating areas to make walking a pleasure even in the desert summer. Continuous building frontage with a variety of retail uses spilling out onto the sidewalks can make streets an Marana Town Council Meeting 9/17/2019 Page 235 of 319 Development Regulations Marana Main Street III-12 Specific Plan active public place. Pedestrian alleyways can serve as short-cuts between buildings and provide for additional frontage to the retail businesses. 2. Pedestrian-friendly development with a human scale will be achieved with the following standards: a. Streets shall have a continuous canopy of trees. b. Buildings with front setbacks shall be built up to the sidewalks by adding arcades, colonnades, awnings, stoops, balconies and terraces. c. Bicycle and pedestrian paths shall be designed to minimize conflicts with vehicular traffic. d. Bicycle parking shall be provided at focal points and activity centers. e. Bicycle and pedestrian paths shall be developed to provide links to all areas within Marana Main Street as well as adjacent areas. b. Streetscape Design Standards 1. Circulation shall include convenient access to and from adjacent areas, and minimize conflicts between pedestrians and vehicles by strategically locating street locations and street connections into and out of development blocks. Parking lots shall be organized so they are strategically buffered from the majority of pedestrian storefront activities. 2. An active, pedestrian oriented streetscape along Marana Main Street and Sandario Road shall be developed that includes the following: a. Way finding and directional signage designed and located in such a way as to be visible from both pedestrian and vehicular traffic throughout Marana Main Street. b. Site lighting shall complement the existing street and pedestrian lighting on Marana Main Street and Civic Center Drive. c. Streetscapes shall include abundant street trees and special plantings. d. Building fronts shall have pedestrian-friendly store fronts. e. The street and sidewalk environment shall be cooled with colonnades, trellises and other shade structures. f. Sidewalk areas shall include special paving and pedestrian oriented open spaces. g. Decorative pavement and lighting shall be included at all pedestrian crossings. j. Access and interconnectivity shall be provided to adjacent areas. Marana Town Council Meeting 9/17/2019 Page 236 of 319 Development Regulations Marana Main Street III-13 Specific Plan 4. Site Planning a. General Site Design Standards 1. The building design and elevation plans shall be sensitive to the pedestrian scale of Marana Main Street. 2. The building frontage along Marana Main Street and Sandario Road shall be as continuous as is practicable leaving spaces for normal vehicular and pedestrian access and other functional open space needs. 3. At least one pedestrian access shall be provided for every 150 feet of building frontage along Marana Main Street and Sandario Road. The access shall provide for connections between the parking lots and the street. 4. The pedestrian access shall be a minimum of 10 feet. Corner buildings shall have the main entrance along the primary street. Secondary entrances may be allowed along the non-primary side. 5. Building articulation and configuration shall consist of: a. Varied building facades b. Strong continuous built influence along street fronts c. Generous first floor heights d. Architectural detailing e. Special corner treatments 6. Covered and shaded walkways may consist of one or more of the following: a. Colonnades b. Awnings c. Trellises d. Canopies e. Other shading devices as accepted by the Planning Director 7. Retail buildings shall include one or more of the following: a. Multi-sided shopping b. Varied shops c. Continuous shop frontage 8. Alleyways and street corners shall be enhanced by one or more of the following: a. Framed views b. Features that convey an element of surprise c. Walk through show windows 9. Parking within Marana Main Street shall include: a. Pedestrian-friendly and inviting entry points b. Parking behind buildings Marana Town Council Meeting 9/17/2019 Page 237 of 319 Development Regulations Marana Main Street III-14 Specific Plan c. Parking structures where appropriate 5. Landscape Design Standards Marana Main Street incorporates coordinated landscaping throughout the entire project and provides landscaping standards for local streetscapes, development areas, and public area space. Marana Main Street will be designed with distinctive landscape features to define its identity and relation to other development in the Town Center Planning Area. Plants shall be selected for their form, color, drama, stateliness and shade qualities. Choice and design of planters will be equally important with respect to overall character and functionality for supporting plant life. Development shall be subject to the Commercial Design Standards in the Marana Land Development Code and subject further to the following standards: a. General Standards 1. Trees shall be planted to soften the architecture of proposed buildings and provide shade for parking, pedestrian areas and outdoor gathering spaces. 2. Shrubs shall be planted where appropriate to create foundation planting adjacent to the proposed buildings to provide an appropriate transition from the ground plane. Shrubs can also be used to provide visual screening for utility boxes and service items. 3. Groundcovers shall be planted to provide continuity within the landscape and tie together other landscape elements. 4. All plants shall be selected from the approved plant list as described in Title 17 of the Marana Land Development Code. 5. All planting areas shall be irrigated. 6. Special design features such as low walls, trellises and small plazas shall be encouraged along with public art. b. Street Standards 1. Parking lot landscaping shall be subject to the following standards: a. Landscaping planters no less than six feet wide, by the length of the parking stall, shall be placed at the ends of parking rows to define driveways with one tree per parking aisle and appropriate groundcovers. b. Landscaping planters no less than six feet wide shall be placed every eight, or less, parking stalls in planters no less than six feet wide by the length of the parking stall with one tree and appropriate groundcovers. 2. Street trees are to be a minimum of 24-inch box size. Marana Town Council Meeting 9/17/2019 Page 238 of 319 Development Regulations Marana Main Street III-15 Specific Plan c. Decorative Paving Hardscape materials available for the paving of special activity areas, vehicular and pedestrian areas are numerous in their choice of colors, patterns and textures. Interlocking or brick pavers, colored or textured concrete surfaces are encouraged for use throughout Marana Main Street. The following standards shall be incorporated in the Marana Main Street design: 1. The selection of materials shall be based on the established architectural theme of a given project area. 2. Areas of pedestrian activity shall be delineated with accent pavement and specialty lighting. d. Walls and fences 1. Alternative walls and fences within a project area shall be consistent with the architectural theme including materials and design of the project and any developed areas located adjacent to such wall or fence. 2. Walls shall be of adequate height to function as a screening device as determined by the Planning Director and the developer. 3. Screen walls or fences of sheet or corrugated metal, asbestos, or chain link fencing are specifically prohibited. e. Amenities Site amenities may include trash receptacles, ash urns, benches, planters, bicycle racks, bollards, drinking fountains, information displays, comfort stations, kiosks and other fixtures. The following principles and standards shall be applied to the selection and placement of outdoor amenities: 1. Amenities shall be located so as not to impede the flow of pedestrian traffic and shall conform to applicable Americans with Disabilities Act (ADA) standards. 2. Design shall reflect the character of the project area. 3. Amenities shall be constructed of long-wearing, vandal resistant materials. 4. Incorporation of amenities that are constructed of recycled-content products is highly encouraged. 5. The final selection of amenities shall be based on the appropriate materials and design and their consistency with adjacent architectural features. Approval regarding materials and consistency of these elements shall be deferred to the developer. Marana Town Council Meeting 9/17/2019 Page 239 of 319 Development Regulations Marana Main Street III-16 Specific Plan 6. Outdoor amenities shall be incorporated to some degree in the majority of open space areas within Marana Main Street. 6. Architectural Standards Marana Main Street takes its inspiration from the history of Spanish influence and its current presence in the regional architecture as the basis for its own architectural style. The suggested style will be Spanish Renaissance Revival Vernacular. This style creates a more informal character and may be symmetrical or, more typically, asymmetrical in its composition. It is considered to be best suited for urban character and mixed-use development. The vernacular style is well suited to the Arizona climate, history and culture, and will lend a small town feel to Marana Main Street. It is less ornate and therefore more suited to current building practices, available expertise, and offers efficient and economical construction. It is less formal and allows for much needed flexibility in building design and articulation. a. General Architectural Standards 1. The building design and articulation in plans and elevations shall be compatible with the purpose, and sensitive to the scale and vision, of Marana Main Street. 2. The layout of the multi-building developments along Marana Main Street Sandario Road, and Frontage Road, shall be designed to break the site into a series of smaller “blocks” defined by pad site buildings, pedestrian walkways, streets or other vehicular circulation routes. 3. Buildings that front Marana Main Street and Sandario Road shall have dedicated pedestrian access facing the street. Tenants are encouraged to provide additional pedestrian access from the rear or side of the building if applicable. b. Building Massing and Articulation The character of building mass should provide a community oriented scale of development with friendly retail, office, lodging, residential and civic opportunities. 1. Buildings shall be articulated to have a varied appearance in their heights, features, roof styles and colors that work to create a sense of evolution and growth over time. This discontinuity in facade design and arrangement is complimented by eliminating or largely reducing the side yards to allow continuous rows of shops. This idea reinforces the pedestrian scale and creates a vibrant mix of uses. Marana Town Council Meeting 9/17/2019 Page 240 of 319 Development Regulations Marana Main Street III-17 Specific Plan 2. The building masses shall be broken at specific points for scale, providing shortcuts and invoking curiosity. The edge treatment at these corners should be dealt with using great sensitivity. 3. Building massing and articulation features should include the following: a. Shade canopies b. Relief islands in parking lots c. Show windows along side alleys d. Public art and landscaping at strategic points e. Safe and shaded pedestrian path connections to shops f. Multi-use congregation spaces c. Building Design 1. Windows shall be recessed at least two inches from the building wall, or they shall project from the building wall, such as bay windows. 2. Architectural features such as step backs and other single-story elements shall be required on the second story. 3. Adjacent structures shall not be painted the same color. 4. Entrances shall be framed and shall be at the same scale as single-family homes. 7. Signage a. Signs shall be of a scale, height, material and illumination which reflect the concepts being promoted for the Marana Main Street development. b. All sign locations and sign designs shall be subject to a Planned Sign Program. All signage shall be created to incorporate design elements and building materials that complement the architectural theme of Marana Main Street. c. The Planned Sign Program should include way-finding and directional signage as well as a marker or monument commemorating the cotton production and processing that occurred on this site. 8. Exterior Lighting Street lighting shall conform to the Town of Marana Outdoor Lighting Code Requirements. Street and parking lot light fixtures shall complement the existing Marana Town Council Meeting 9/17/2019 Page 241 of 319 Development Regulations Marana Main Street III-18 Specific Plan type and pattern of street and pedestrian lighting that occur on Marana Main Street and Civic Center Drive at the Marana Municipal Complex. Use of other lighting elements may vary from one area to the next, but levels of illumination shall remain consistent in quality and clarity. The use of special lighting elements and accent lighting is encouraged subject to the regulations of the adopted Marana Lighting Code. 9. Commemorative Marker/Monument To ensure that the historical heritage of the site is remembered, the developer will build and install to Town specifications a marker commemorating the cotton production and processing that occurred on this site. Marana Town Council Meeting 9/17/2019 Page 242 of 319 IV. Implementation and Administration Marana Town Council Meeting 9/17/2019 Page 243 of 319 Implementation and Administration Marana Main Street IV-1 Specific Plan A. Purpose This section of the Specific Plan outlines the implementation of development on the project site. It identifies the responsible party to ensure the project is built in coordination with infrastructure improvements, providing a continuity of design. This section also provides guidance regarding general administration of and amendment procedures to the Specific Plan. B. Proposed Changes to Zoning Ordinance The Development Regulations section of the Specific Plan addresses only those areas that differ from the Town of Marana Land Development Code. If an issue, condition or situation arises that is not covered or provided for in this Specific Plan, those regulations of the Town of Marana Land Development Code that are in place at the time of development shall be used by the Planning Director as the guidelines to resolve the unclear issue, condition or situation. C. General Implementation Responsibilities The implementation of the Marana Main Street Specific Plan is the responsibility of the developer. The developer is the entity responsible for providing infrastructure needs including roads, sewer and water in a timely and efficient manner. At any time, the developer may relinquish its rights and assign any or all rights to one or more builders. Associated responsibilities of the developer would also be transferred to the builder at that time. The Town of Marana Development Services Department will be responsible for ensuring all policies and standards laid out in the Specific Plan are adhered to during the review of all development in Marana Main Street Specific Plan. D. Development Review Procedures All proposed subdivision plats, improvement plans, development plans and building permits within the Marana Main Street Specific Plan shall be submitted to Town for approval and permitting. Plats, plans and permit applications shall be approved by the Town of Marana in accordance with Town of Marana procedures. Final decisions on grading, drainage, final road alignment, improvement plans, revegetation, and other matters will be made after the approval of the preliminary plat. No structures, including signs, shall be erected, improved or altered, nor shall any grading, excavation, tree removal or any other work which in any way alters the exterior appearance of any structure or area of land, shall commence until the appropriate permit has been approved. Marana Town Council Meeting 9/17/2019 Page 244 of 319 Implementation and Administration Marana Main Street IV-2 Specific Plan Approval of a subdivision plat, development plan or building permit is subject to the following requirements:  Conformance with the Marana Main Street Specific Plan, as adopted;  Dedication of appropriate rights-of-way and easements for roads (within 60 days of specific plan adoption), utilities and drainage areas by plat, or by separate instrument if the property is not to be subdivided;  Preliminary plat, final plat and development plan submittals that follow Town of Marana procedures current at the time of application;  Architectural elevation renderings submitted for review and approval by the Town of Marana prior to development plan approval. E. Phasing The timing of development for Marana Main Street will be dictated by the market and confirmation of users. F. Specific Plan Administration 1. Enforcement The Marana Main Street Specific Plan shall be administered and enforced by the Town of Marana in accordance with the provisions of the Specific Plan and the applicable provisions of the Town of Marana Land Development Code. 2. Administrative Change Certain changes to the explicit provisions in the Specific Plan may be made administratively be the Town of Marana Planning Director, provided such changes are not in conflict with the overall intent as expressed in Marana Main Street Specific Plan. Any changes must conform to the goals and objectives of the Specific Plan. The Planning Director’s decision regarding administrative changes and determination of substantial change as outlined below shall be subject to appeal to the Town Council. Categories of administrative changes include, but are not limited to:  The addition of new information to the Specific Plan maps or text that does not change the effect of any regulations or guidelines, as interpreted by the Planning Director;  Changes to the community infrastructure planning and alignment such as roads, drainage, water, and sewer systems that do not increase the development capacity in the Specific Plan area; Marana Town Council Meeting 9/17/2019 Page 245 of 319 Implementation and Administration Marana Main Street IV-3 Specific Plan  Changes to the development plan boundaries due to platting. Minor adjustments to development plan areas, drainage areas and other technical refinements to the Specific Plan due to adjustments in final road alignments will not require an amendment to the Specific Plan but will require staff approval; or  Changes to development regulations that are in the interest of the community and do not affect health or safety issues. 3. Substantial Change This Specific Plan may be substantially amended by the procedure outlined in the Town of Marana Land Development Code, Specific Plan Changes. The owner or agent of the property may submit to the Planning Director a written application to amend one or more of the Specific Plan regulations. The request shall include all sections or portions of the Marana Main Street Specific Plan that are affected by the change(s). The Planning Director shall refer the request with his recommendations to the Planning Commission for public hearing. The Planning Commission shall make its recommendation to the Town Council, which, after public hearing, shall approve, reject or modify the proposed amendment. 4. Interpretation The Planning Director shall be responsible for interpreting the provisions of this Specific Plan. Appeals to the Planning Director’s interpretation may be made to the Board of Adjustment within 15 days from the date of the interpretation. If an issue, condition or situation arises that is not sufficiently covered in the Specific Plan, the Planning Director may use the applicable regulations within the Town of Marana Land Development Code as a guideline for resolution. This provision shall not be used to permit uses or procedures not specifically authorized by this Specific Plan or the Town of Marana Land Development Code. G. Fees Fees will be assessed as indicated by the Town of Marana adopted fee schedule current to the time of application. Marana Town Council Meeting 9/17/2019 Page 246 of 319 Appendices Marana Town Council Meeting 9/17/2019 Page 247 of 319 Appendix A: Definitions Marana Main Street A-1 Specific Plan Definitions • Boutique hotel – A unique hotel typically offering personalized accommodation and services / facilities. Typically boutique hotels are furnished in a themed, stylish and/or inspirational manner. • Central Business District – The largest, most intensively developed, mixed-use area within a city, usually containing, in addition to major retail uses, governmental offices; service uses; professional, cultural, recreation, and entertainment establishments and uses; residential, hotels, and motels; appropriate industrial services; and transportation facilities. • (Marana Single Central Business District) – An approximately five square mile area of land located in the heart of northern Marana that is planned to be Marana’s commerce district. Town Council approved and authorized the designation of the Single Central Business District by Resolution 2008.60 in May 2008. • Financial services – Banks, credit unions, investment services, financial planning and similar financial institutions (including drive-through facilities). • Food and beverage services – Restaurants, bars, cafes, bakeries, coffee shops, butchers, delicatessens, candy stores, food preparation centers, catering services, and similar uses, not including drive-through facilities. • Marana Main Street (MMS) – A land use designation with the Marana Main Street Specific Plan that allows a mix of uses. • Mixed-use building – A building with a combination of residential and non-residential uses; retail on the first floor with office or residential on subsequent floors. • Mixed-use Development – Mixed-use developments create vibrant urban environments that bring compatible land uses, public amenities, and utilities together at various scales. These developments work to create pedestrian-friendly environments, higher-density development, and a variety of uses that enable people to live, work, play and shop in one place, which can become a destination. • Offices – Professional, semi-professional, medical, dental, business, sales, counseling, consulting, and similar uses requiring an indoor office. • Open Spaces – A public or private congregation space such as plazas, courtyards, pavements, walkways, dining areas, and similar pedestrian areas that are designed exclusively for pedestrian activity. • Pedestrian friendly – Description of an environment that is pleasant and inviting for people on foot; specifically, offering sensory appeal, safety, street amenities such as plantings and furniture, good lighting, easy visual and physical access to buildings, and diverse activities. Marana Town Council Meeting 9/17/2019 Page 248 of 319 Appendix A: Definitions Marana Main Street A-2 Specific Plan • Personal services – Barber shops, beauty salons, health clubs, copying services, clothes cleaning, tailoring, laundromats, picture framing, private postal services, shoe repair, video rentals, watch repair, small domestic machine repair, bicycle repair, and similar indoor services. • Retail – Apparel, appliances, bicycles, pharmacies, gift shops, variety stores, food and dry goods markets, antique dealers, hardware, stationery, office equipment, florists, jewelry, newsstands, bookstores, art galleries, furniture, packaged liquor, pet shops, office supplies, sporting goods, and similar sundry items. • Recycled-content products – Products made from materials that would otherwise have been discarded. Items in this category are made totally or partially from material destined for disposal or recovered from industrial activities—like aluminum soda cans or newspaper. Recycled-content products also can be items that are rebuilt or remanufactured from used products such as toner cartridges or computers. • Self Storage, Indoor – A use engaged in the storage of goods and/or materials characterized by infrequent pick-up and delivery, and located within a building. The definition excludes hazardous material storage, warehousing, distribution, and vehicle storage. • Smart Growth – Development that serves the economy, the community, and the environment. Smart Growth is development that simultaneously achieves economic development and jobs, strong neighborhoods and healthy communities. Compact, transit accessible, pedestrian-oriented, mixed-use development patterns and land uses. • Vertical mixed-use buildings – Vertical mixed-use development combines different uses in the same building. The lower floors generally have more public uses, with private uses on the upper levels. Examples include residential space over commercial establishments, street-level retail with offices above, residential and hotel uses in the same building, retail within a parking structure with multiple uses above. Vertical mixed- use development can have any number of revenue-producing and mutually supporting uses in the same building. Marana Town Council Meeting 9/17/2019 Page 249 of 319 Marana Main Street S P E C I F I C P L A N A M E N D M E N T R e v i s e d S e p t e m b e r 2 0 1 9 P C Z - 19 07 - 0 01 Marana Town Council Meeting 9/17/2019 Page 250 of 319 Marana Main Street SPECIFIC PLAN Amendment PCZ1907-001 Submitted to: TOWN OF MARANA 11555 West Civic Center Drive Marana, Arizona 85653 Prepared by: LONG RANGE PLANNING TOWN OF MARANA PLANNING DEPARTMENT Marana, Arizona 85653 and MARANA MAI N STREET LLC 4572 E. Camp Lowell Drive Tucson, Arizona 85712 September 2019 Marana Town Council Meeting 9/17/2019 Page 251 of 319 Table of Contents Marana Main Street Specific Plan i Section I: Introduction A. Specific Plan Summary ...................................................................................................... I-1 B. Location ............................................................................................................................. I-1 C. Authority and Scope .......................................................................................................... I-1 D. Legal Description ............................................................................................................... I-2 Section II: Development Plan A. Purpose and Intent ........................................................................................................... II-1 B. Objectives of the Specific Plan .......................................................................................... II-1 C. Relationship to Town Policy Documents ........................................................................... II-1 1. Marana 2010 General Plan ......................................................................................... II-1 2. Marana Strategic Plan ................................................................................................ II-2 3. Economic Roadmap ................................................................................................... II-2 4. Single Central Business District .................................................................................. II-2 D. Compatibility with Adjoining Development ........................................................................ II-2 E. Land Use Concept Plan .................................................................................................... II-3 1. Highway Support Commercial .................................................................................... II-3 2. Marana Main Street Commercial ................................................................................ II-3 F. Circulation Concept Plan .................................................................................................. II-4 G. Grading Concept ............................................................................................................... II-5 H. Post Development Hydrology ........................................................................................... II-5 I. Viewsheds ........................................................................................................................ II-5 J. Open Space and Recreation Concept .............................................................................. II-5 K. Cultural Resources ........................................................................................................... II-6 L. Infrastructure and Public Facilities .................................................................................... II-6 1. Sewer ......................................................................................................................... II-6 2. Fire Service ................................................................................................................. II-6 3. Water .......................................................................................................................... II-6 4. Schools ....................................................................................................................... II-6 5. Public Utilities ............................................................................................................. II-6 Marana Town Council Meeting 9/17/2019 Page 252 of 319 Table of Contents Marana Main Street Specific Plan ii Section III: Development Regulations A. Purpose and Intent .......................................................................................................... III-1 B. General Provisions .......................................................................................................... III-1 1. Applicability of Town of Marana Land Development Code ......................................... III-1 2. Building Code ............................................................................................................ III-1 3. Additional Uses .......................................................................................................... III-1 4. Mix of Uses ................................................................................................................ III-1 C. Development Regulations ............................................................................................... III-2 1. Permitted Uses ......................................................................................................... III-2 2. Accessory Uses ........................................................................................................ III-2 3. Conditional Uses ....................................................................................................... III-2 4. Prohibited Uses ........................................................................................................ III-4 5. Development Standards ........................................................................................... III-4 a. Land Use Designation Exclusive Standards……...…………………….……………III-5 1. Highway Support Commercial........................................................................... III-5 2. Marana Main Street Commercial ..................................................................... III-5 b. Standards Applicable to the Entire Marana Main Street Specific Plan……………..III-6 D. Design Standards ......................................................................................................... III-10 1. Purpose and Intent .................................................................................................. III-10 2. Authority and Scope ................................................................................................ III-10 3. Circulation Standards............................................................................................... III-10 4. Site Planning ............................................................................................................ III-12 5. Landscape Design Standards .................................................................................. III-13 6. Architectural Standards ............................................................................................ III-15 7. Signage ................................................................................................................... III-17 8. Exterior Lighting ....................................................................................................... III-17 9. Commemorative Marker/Monument ........................................................................ III-17 Section IV: Implementation and Administration A. Purpose ........................................................................................................................... IV-1 B. Proposed changes to Zoning Ordinance ......................................................................... IV-1 Marana Town Council Meeting 9/17/2019 Page 253 of 319 Table of Contents Marana Main Street Specific Plan iii C. General Implementation Responsibilities ......................................................................... IV-1 D. Development Review Procedures .................................................................................... IV-1 E. Phasing ............................................................................................................................ IV-2 F. Specific Plan Administration ............................................................................................ IV-2 G Fees ................................................................................................................................. IV-3 Appendices Definitions ............................................................................................................................... A-1 List of Exhibits Exhibit I.B.1: Regional Context Map ...................................................................................... I-3 Exhibit I.B.2: Location Map .................................................................................................... I-4 Exhibit II.D: Existing Land Use ............................................................................................ II-8 Exhibit II.E.1: Land Use Designations .................................................................................... II-9 Exhibit II. E.2: Land Use Concept ......................................................................................... II-10 Marana Town Council Meeting 9/17/2019 Page 254 of 319 I. Introduction Marana Town Council Meeting 9/17/2019 Page 255 of 319 Introduction Marana Main Street I-1 Specific Plan A. Specific Plan Summary The Marana Main Street Specific Plan is comprised of a development plan, development regulations, implementation and administration section, and an appendix. A Development Capability Report is not included. The site was previously analyzed and a Development Capability Report was submitted and approved with the Cotton Gin Property/Yankee Point rezoning by Ordinance 2001.24. The Marana Main Street Specific Plan originated by Ordinance 2008.24 which changed the zoning of the property from the A and VC zones to F, Specific Plan. The Marana Main Street Specific Plan is intended to provide the framework for a stable and attractive commercial development. The plan will provide economic and employment opportunities for the Town of Marana in the form of tax revenue and employment generating businesses by creating a mixed-use, interactive development that combines regional and service retail, entertainment, office/housing, and hospitality uses. The Marana Main Street Specific Plan establishes comprehensive guidance and regulations for the development of approximately 28 acres located in the Town of Marana. The Specific Plan establishes the development regulations, programs, development and design standards required for the implementation of the approved land use plan. The Specific Plan also provides parameters to implement the Land Use Plan by establishing policies and regulations to replace and supersede the Marana Main Street Specific Plan adopted in 2008, and other Town development regulations. The Specific Plan is regulatory and adopted by ordinance. B. Location The property is located in the northwest area of Marana (See Exhibit I.B.1 – Regional Context Map.), south of the southeast corner of Marana Road and Sandario Road in the southwest quarter of Section 22, Township 11 South, Range 11 East. (See Exhibit I.B.2 - Location Map.) C. Authority and Scope The authority for preparation of Specific Plans is found in the Arizona Revised Statutes, Section 9-461.09. The law allows the preparation of Specific Plans based on the Land Use Plan as may be required for the systematic execution of the General Land Use Plan, and further, the law allows for their review and adoption. This Specific Plan is consistent with the Town of Marana 2010 General Plan ratified on May 17, 2011. Town of Marana Ordinance 87.22 provides the uniform procedures and criteria for the preparation, review, adoption and implementation of Specific Plans in Marana. Pursuant to these state statutes and Town of Marana 87.22, a public hearing will be conducted by the Town Planning Commission and the Town Council, after which the Specific Plan ordinance may be adopted by the Town Council and become effective. Marana Town Council Meeting 9/17/2019 Page 256 of 319 Introduction Marana Main Street I-2 Specific Plan Once adopted, the Marana Main Street Specific Plan will be a regulatory plan which will serve as the zoning and development code for the subject property. Final plats and any other development approvals must be consistent with the Specific Plan. D. Legal Description Marana Main Street Final Block Plat, Blocks 1 through 10 and Common Area ‘A’ (Functional Open Space). Being a portion of the SW ¼ of Section 22, Township 11 South, Range 11 East, Gila & Salt River Meridian, Town of Marana, Pima County, Arizona. Marana Town Council Meeting 9/17/2019 Page 257 of 319 Introduction Marana Main Street I-3 Specific Plan EXHIBIT 1.B.1: REGIONAL CONTEXT MAP Marana Town Council Meeting 9/17/2019 Page 258 of 319 Introduction Marana Main Street I-4 Specific Plan Marana Town Council Meeting 9/17/2019 Page 259 of 319 II. Development Plan Marana Town Council Meeting 9/17/2019 Page 260 of 319 Development Plan Marana Main Street II-1 Specific Plan A. Purpose and Intent Marana Main Street is intended to implement policies of the Marana 2010 General Plan while providing a unique development that meets the specific needs of the site and the community. Development criteria established in this plan ensure quality design for the separate uses while maintaining a common theme throughout the project. This Development Plan section includes a description of the objectives and policies of the plan combined with various plan components that will meet the Town’s vision for development in Northwest Marana. The Development Plan provides a logical continuation of the principles and design criteria of the Marana Municipal Complex area to the south and the broader Single Central Business District. This section provides the rationale for the Development Regulations in Section III. B. Objectives of the Specific Plan The objective of the Marana Main Street Specific Plan is to create a development that will provide an attractive, vibrant place for visitors and local residents to shop, dine, do business or stay a few days at a hotel. The land use concept provides a variety of things to do and a number of ways to get around the development. This development has two complimentary commercial land use designations; Highway Support Commercial in the northern portion of the project and Marana Main Street Commercial in the southern section of the development. The Marana Main Street Specific Plan plays a key role in the development of the downtown area, along with the extension of Marana Main Street to the south, and serves to connect to the Marana Health Center and Marana Municipal Complex off Civic Center Drive. C. Relationship to Town Policy Documents The intent of the Marana Main Street Specific Plan is to further promote and meet the goals and objectives in the Marana 2010 General Plan, the Marana Strategic Plan II, the Economic Roadmap, and the Single Central Business District. Marana 2010 General Plan Marana Main Street has been designed to achieve the goals and policies set forth in the Marana 2010 General Plan. The Marana Main Street Specific Plan addresses the General Plan’s land use goal to provide opportunities for diverse developments that maximize the benefits to the community and promotes new development that is compatible with existing land uses. Located in the northwest growth area, this plan is located in an area targeted as the primary growth area in the next decade and will provide services not currently offered. Marana Town Council Meeting 9/17/2019 Page 261 of 319 Development Plan Marana Main Street II-2 Specific Plan Marana Strategic Plan II Marana Main Street promotes strategies outlined in the Strategic Plan II’s Commerce focus area fulfilling a number of important initiatives including the initiative to allocate and maximize town resources to engage in the recruitment, retention, and expansion of business and industry. This project will also recruit new commercial businesses, encourage the development of the Marana Downtown/Main Street area and promote development of the Downtown Activity Center as outlined in the Marana Economic Roadmap. Economic Roadmap In order to achieve successful economic growth, the Marana Economic Roadmap identifies nine economic activity centers, each having its own set of opportunities and challenges due to the unique characteristics within the Marana Planning Area. This level of comprehensive planning allows the Town to focus its investment and resources on creating a variety of unique places that will attract commerce and economic activities. The intent of the activity center concept is to target specific businesses or encourage appropriate types of development to locate in a specific activity center. Marana Main Street is located in the Downtown Activity Center. Downtown Marana as currently envisioned is a large Activity Center, identified as part of the Council-approved Single Central Business District. This area can include a variety of development areas tied together with unifying design features. Single Central Business District The Marana Main Street Specific Plan is situated in the northwest area of Marana within the Single Central Business District. (See Exhibit I.B.1: Regional Map.) The Single Central Business District is envisioned as a vital center of commerce and is part of an economic development strategy to reinvestment in our community, support existing business and promote new development by the private sector. Creating a central commerce area for Marana began with the Town Council’s authorization of a Single Central Business District (CBD) by Resolution 2008.60. D. Compatibility with Adjoining Development The Marana Main Street Specific Plan seeks to be compatible with the existing and planned development in the area (see Exhibit II.D.– Existing Land Use). The proposed development is a mixed-use program that represents a key component of the live-work- play lifestyle sought for Marana. The core of the live-work -play design philosophy provides opportunities to integrate surrounding land uses so that people can do all three activities without going elsewhere. Marana Main Street will integrate and complement existing and adjacent planned development to achieve this lifestyle. Marana Town Council Meeting 9/17/2019 Page 262 of 319 Development Plan Marana Main Street II-3 Specific Plan The development plan is compatible with the development trends in the surrounding area and along Interstate 10, incorporating consideration of the needs of travelers on the Interstate as well as the needs of residents of Northwest Marana and surrounding areas. To minimize potential impacts to area residents, freeway oriented uses will be located along the northern portion of the site closer to the I-10 and Frontage Road. Transitioning to the south, the project will become more community oriented and will include less intense uses. Along the southern property line a 50’ landscape setback will be utilized to attenuate noise and visual impacts to the residents to the south in Marana Vistas. E. Land Use Concept Plan The Marana Main Street Specific Plan has the advantage of location and proximity. Situated along Interstate 10 between Tucson and Phoenix in the Sun Corridor, this site can support several types of commercial activity (See Exhibit II.E.1 – Land Use Designations). This plan proposes Highway Support Commercial in the northwest portion of the site, near Interstate 10, and Marana Main Street Commercial to the southwest and northeast, closest to an existing neighborhood and proposed mixed-use development. (See Exhibit II.E.2 - Land Use Concept for an illustrative depiction of how development within Marana Main Street Specific Plan may occur.) The plan contains two commercial land use designations, Highway Support and Marana Main Street. Both land uses will share the live, work, play, shop character sought for in this development. Pedestrian connections, largely in the form of sidewalks, will be provided to all areas of the project and will be clearly designated using decorative paving or other specialty treatment to accommodate pedestrian access. Plazas and public open spaces are envisioned among the commercial and restaurant uses at street-level to encourage extended pedestrian activity and community gatherings. Buffering techniques along Sandario Road will be used to beautify both the Highway Support Commercial and Marana Main Street Commercial to increase the area’s viability. Highway Support Commercial Highway support opportunities include commercial development with hospitality, convenience related establishments including businesses with associated drive-through facilities. These uses will provide new services not currently offered, and help to revitalize this important Sandario Road community. Marana Main Street Commercial The southern portion of the Marana Main Street Commercial area will have Main Street themes. Community oriented commercial development with street level retail and upper level office or residential use will bring home the live, work, play, shop environment needed in this area. The northeast portion of the development area will have a large Marana Town Council Meeting 9/17/2019 Page 263 of 319 Development Plan Marana Main Street II-4 Specific Plan freestanding building with pedestrian access along the Marana Main Street roadway and proposed private drive to the hotels and Frontage Road. On-street parking will be provided on the western half of the Marana Main Street roadway, parking lots will be located behind the commercial buildings with convenient pedestrian connections to the storefronts. The proposed multi-story Marana Main Street buildings will have retail shops, restaurants and commercial services at the street level, and offices or residences above. The ground floor is envisioned to have a variety of shop fronts and displays; this, along with the incorporation of plazas and other types of public gathering places at crucial nodes will invite the social connections so important to making a place successful. A pharmacy with associated drive-through window is allowed on the southeast corner of Sandario Road and Marana Main Street with approval of a conditional use permit. F. Circulation Concept Plan This project has a critical link to the Marana Main Street roadway, providing circulation between Grier and Sandario Road, which should be constructed as a single project. The Marana Main Street roadway will bisect the development and will provide internal access to the project and to Barrios de Marana. Marana Main Street and Sandario Road will service the project. Marana Main Street is to be a road that lends itself to creating a vibrant area. By creating the flexibility in the cross-section we can have sidewalks, be provided with shade structures that are on private property and not in the public rights of way. Internal access lanes lead from the Marana Main Street roadway to serve the development. Location of these access points and the internal circulation pattern separates the freeway oriented development on the north from the community development to the south. Access to Frontage Road could facilitate freeway access but will be dependent upon the ultimate resolution of Frontage Road by the Arizona Department of Transportation (ADOT) and the Town of Marana. To address capacity levels of service, more precise ADTs, and improvements needed for specific uses, a detailed traffic analysis will be provided to the Town of Marana at the time of development plan review. The detailed traffic analysis will also address the proposed access impacts on the existing developments surrounding the site, a capacity analysis for the proposed off site streets, and a description of the improvements required for this project. Pedestrian paths and sidewalks will connect all uses and areas within the Marana Main Street Specific Plan as alternatives to vehicular circulation. Open space will be easily accessed within the 28 acre area. Regularly spaced breaks between buildings in Marana Main Street will be provided to encourage pedestrian activity. Connections to areas beyond the Specific Plan have also been incorporated into the project design, including sidewalks at Sandario Road, Denny Road, and to the east along Frontage Road. Marana Town Council Meeting 9/17/2019 Page 264 of 319 Development Plan Marana Main Street II-5 Specific Plan G. Grading Concept Due to its previous use as a cotton production facility, the site has been completely graded. Additional grading will create drainage basins and other on-site drainage features. Additional geotechnical studies will be completed prior to site disturbance to determine the extent of grading required. H. Post Development Hydrology The project area is proposed to transition from vegetative open space to a commercial development project. The project will conform to Town of Marana hydrology standards. The entire site is in an established 100 year floodplain. Finished floor elevations shall be situated no less than one foot above the 100 year water surface elevation for the adjacent drainage basin and 100 year flood plain. The development of this site will not alter the drainage characteristics of any upstream or downstream property owners. The project site falls within the Santa Cruz levee benefit area and therefore will be subject to impact fees current at the time of platting or development plan approval. The development of this site will be in conformance with the Town of Marana detention and retention standards. All on-site generated storm water runoff will be conveyed to proposed drainage basins as surface flow. I. Viewsheds Development on this site will not impair views of significant off-site features for properties adjacent to the site. Views may be impacted from the adjacent convenience store and from the northernmost residents of the Marana Vista subdivision. A 50 foot landscape buffer along the southern edge of the property will mitigate potential impacts. Due to the prevailing flat topography of the project site and the relatively flat terrain of surrounding properties, the subject property is highly visible from all adjacent property. Landscaping buffering will soften the visual impact of this development. The development should have little or no negative impact to the views of the existing businesses along Sandario Road. J. Open Space and Recreation Concept Urban open space areas will be sprinkled throughout the development in the form of plazas and enclaves. Visitors will want to congregate in these areas as these spaces will offer shade and inviting design features. Pedestrian amenities include benches and Marana Town Council Meeting 9/17/2019 Page 265 of 319 Development Plan Marana Main Street II-6 Specific Plan green spaces. Plants chosen for their form, color, drama, stateliness and shade qualities offer relief and passive recreation opportunities. K. Cultural Resources A surface inspection of the entire site will be completed in conjunction with the subdivision plat and/or development plan submittals. Based on the findings of cultural resource inspections, appropriate measures will be taken in accordance with applicable federal, state and local regulations. L. Infrastructure and Public Facilities Sewer The developer will enter into a Sewer Service Agreement for required facilities and capacity with the wastewater provider. Fire Service The Marana Main Street Specific Plan area is within the boundaries of the Northwest Fire and Rescue District. The nearest fire station (Northwest Fire District Station #36) is located at 13475 N. Marana Main Street, approximately 1/2 mile south of the project site. Water The developer will enter into a Water Service Agreement for required facilities with the water provider. Schools The property is within the Marana Unified School District (MUSD). Estes Elementary School, Marana Middle School and the Marana Plus Alternative Education facility are located across the street to the east of the project site. Marana High School is located approximately 6 miles south of the project site. In addition, a new high school is planned approximately one mile south and west of the project site. Public Utilities a. Natural Gas Southwest Gas serves this area and will provide service to the property. b. Communications Telephone service and line installation is available in this area through Qwest Communications. Comcast Cable has cable infrastructure in this area and can provide service to the property. c. Electric Power Electric Power will be provided by Tucson Electric Power Company. Marana Town Council Meeting 9/17/2019 Page 266 of 319 Development Plan Marana Main Street II-7 Specific Plan d. Cortaro Marana Irrigation District (CMID) The project is within the Cortaro Marana Irrigation District Marana Town Council Meeting 9/17/2019 Page 267 of 319 Development Plan Marana Main Street II-8 Specific Plan Marana Town Council Meeting 9/17/2019 Page 268 of 319 Development Plan Marana Main Street II-9 Specific Plan Marana Town Council Meeting 9/17/2019 Page 269 of 319 Development Plan Marana Main Street II-10 Specific Plan EXHIBIT II.E.2: MARANA MAIN STREET CONCEPTUAL SITE PLAN Marana Town Council Meeting 9/17/2019 Page 270 of 319 III. Development Regulations Marana Town Council Meeting 9/17/2019 Page 271 of 319 Development Regulations Marana Main Street III-1 Specific Plan A. Purpose and Intent These regulations will serve as the primary mechanism for implementation of the Marana Main Street Specific Plan. The Marana Main Street Specific Plan Development and Design Standards are intended to establish the intensity and character of the development by prescribing site-specific standards that are tailored to the unique qualities of the project. The regulations contained within this section provide an appropriate amount of flexibility to anticipate future needs and to achieve compatibility with surrounding land uses. The project has two land use designations, Highway Support Commercial and Marana Main Street Commercial. B. General Provisions 1. Applicability of the Town of Marana Land Development Code If an issue, condition, or situation arises or occurs that is not addressed by this Specific Plan, the applicable portions of the Town of Marana Land Development Code that are in place at the time of development shall apply. 2. Building Code All construction within the Specific Plan area shall comply with all currently adopted building codes and regulations. 3. Additional Uses Whenever a use has not been specifically listed as being a permitted use in the particular zone classification within the Specific Plan, it shall be the duty of the Planning Director to determine if said use is: (1) consistent with the intent of the zone, and (2) compatible with other listed permitted uses. Any person aggrieved by the determination may appeal that decision to the Marana Board of Adjustment. 4. Mix of Uses Permitted uses are encouraged to be mixed, both horizontally and vertically, and subject to applicable building safety codes and regulations. Specifically, the Marana Main Street Specific Plan promotes a vertical mix of uses along Marana Main Street and Sandario Road where commercial establishments occupy space at street level with office and residential uses above. Marana Town Council Meeting 9/17/2019 Page 272 of 319 Development Regulations Marana Main Street III-2 Specific Plan C. Development Regulations 1. Permitted Uses  Boutique hotels  Churches, synagogues, or similar place of worship  Clinics/therapy services  Commercial/retail  Commercial/retail with associated drive-through window in the Highway Support Commercial Land Use designation.  Day care services  Educational uses  Entertainment services  Financial services  Fitness centers and other commercial recreation  Food and beverage services including bars, restaurants and diners  Hotels or motels  Institutional uses  Offices  Open Spaces, including public spaces  Personal services  Pharmacy with associated drive-through window in the Marana Main Street Land Use Designation on the southeast corner of Sandario Road and Marana Main Street with approval of a Conditional Use Permit.  Residential within a mixed-use building (subject to 5.b.5.)  Warehouses associated with retail sales  Other uses – Any use similar in nature and intensity to a use listed within the above categories as determined by the Planning Director. 2. Accessory Uses The following accessory uses are permitted when associated with the principal permitted use:  Outdoor seating, courtyards, and recreational facilities  Parking structures  Covered parking  Outdoor retail and service display areas 3. Conditional Uses All conditional uses shall require a Conditional Use Permit reviewed and approved as prescribed in the Land Development Code. The request must be consistent with the purpose and intent of the Marana Main Street Specific Plan, and may be subject to additional special conditions and limitations. Conditional uses that may be permitted include the following: Marana Town Council Meeting 9/17/2019 Page 273 of 319 Development Regulations Marana Main Street III-3 Specific Plan a. Any commercial use with a first story single tenant space floor area greater than 70,000 square feet. b. Drive-through facilities for a pharmacy, with the following criteria: 1. The development is limited to the lot on the southeast corner of Marana Main Street and Sandario Road. 2. The siting of drive-through windows must be located behind and screened by the principal building, 3. Location and design of the access driveway shall minimize impacts on pedestrian activity. 4. Stacking of cars shall not be permitted in an access driveway, and instead the parking lot must be used for stacking. 5. The design precludes vehicular access conflicting with an existing or planned adjacent use. 6. The facility is located to minimize noise and odors. c. Indoor self-storage facility 1. All indoor self service storage shall be subject to the following use and design standards, in addition to all other applicable regulations: a. Building must be located towards the Frontage Road. b. All storage shall be inside a building or fully enclosed structure. c. Vehicle parking shall be for provided for loading and unloading. Motor vehicles shall not be parked overnight or otherwise stored within or outside the site. d. Storage of flammable or hazardous materials and explosives is prohibited, as well as storage of any materials that are offensive or noxious because of odors, dust, or fumes. e. Building facades shall be two or more stories and have the appearance of a multi-story building through the use of windows, doors, awnings, canopies or other appropriate building elements. f. All structures within Marana Main Street must meet the Commercial Design Standards. g. No outdoor storage of vehicles, supplies or equipment shall be permitted. h. Only “dead storage” shall be permitted, which shall mean the keeping of goods not in use and not associated with any office, retail or other business activity conducted on premises. Conducting an office, retail or other business or service use from a storage unit shall be prohibited. One Marana Town Council Meeting 9/17/2019 Page 274 of 319 Development Regulations Marana Main Street III-4 Specific Plan administrative office for the proprietor of the self-storage business shall be permitted within the facility in appropriately designed space. d. Marana gateway sign up to eighty-five (85) feet in height. e. Electronic Message Display sign subject to the following criteria: 1. General a. All electronic message displays shall be integrated into a permitted on- premise freestanding monument sign, pole sign, or traffic directional sign. Electronic message displays shall conform to the size and placement standards otherwise applicable for the site, provided that the area of the electronic display component shall not exceed 50% of the total allowable sign area for the permitted sign. b. No more than one two-sided electronic message display shall be permitted for each street frontage of an individual property or development. c. The conversion of an existing conforming freestanding monument sign, pole sign, or traffic directional sign to an electronic message display is permitted. The conversion of an existing non-conforming sign to an electronic message display is prohibited. 2. Location / Placement a. Electronic message displays shall only be located on property adjacent to Interstate 10 as designated by the Town of Marana Engineering Department. 3. Display and Operation a. The use of sound is prohibited. 4. Illumination a. All electronic sign displays shall be illuminated in accordance with the currently adopted standards defined in the Town of Marana Outdoor Lighting Code. 4. Prohibited Uses  Agricultural equipment or industrial equipment sales  Automotive services including gasoline sales, automotive repair, bodywork, and vehicle sales retail Marana Town Council Meeting 9/17/2019 Page 275 of 319 Development Regulations Marana Main Street III-5 Specific Plan  Commercial outdoor storage uses, any  Contractor yards  Heavy equipment sales or lease  Industrial uses  Recreational vehicle or boat storage  Recreational vehicle or manufactured home parks  Self-service storage facility, outdoor  Other uses - Any use similar in nature and intensity to a use listed within the above categories as determined by the Planning Director. 5. Development Standards Commercial and institutional development will be subject to the requirements of the Commercial Design Standards in the Marana Land Development Code and subject further to the following standards: a. Land Use designation exclusive standards 1. Highway Support Commercial a. Setbacks 1. Any and all principal buildings, any portion of which is located in the following areas, shall be subject to the following setbacks: a. A minimum of 15 feet shall be provided on Marana Main Street from back of curb to building façade for the sidewalk and other activity areas a. 10’ setback along Sandario Road that is to be landscaped b. 20’ setback along Frontage Road 2. Marana Main Street Commercial a. Setbacks 1. Any and all principal buildings, any portion of which is located in the following areas, shall be subject to the following setbacks: b. A minimum of 15 feet shall be provided on Marana Main Street from back of curb to building façade for the sidewalk and other activity areas c. 10’ setback along Sandario Road that is to be landscaped d. 75’ setback along the Denny Road frontage e. 20’ setback along Frontage Road f. 50’ landscape setback from lots in the Marana Vista subdivision Marana Town Council Meeting 9/17/2019 Page 276 of 319 Development Regulations Marana Main Street III-6 Specific Plan 2. There shall be zero (0) setback for the first floor of building frontage on Marana Main Street except for a large freestanding, single use building which shall have a 20’ setback and a minimum 10’ landscape buffer. 3. The first floor front setback on Marana Main Street may be increased and designed as an outdoor gathering area with the following criteria: a. A shaded walkway that may be a colonnade, arcade, awning, pergola, first level floor overhang, recessed ground level floor and other similar design feature. b. The shaded walkways may encroach into the front setback and will be provided along the building edge facing the main streets. c. The continuity of shade structures can be interrupted for a structural reason, change in form, change in materials, and an aesthetic reason in such a way that the intent of a pedestrian- oriented streetscape is not lost. d. Building upper floors (above first floor) may have a zero (0) setback. b. Standards applicable to the entire Marana Main Street Specific Plan 1. Street Frontage a. The building frontage shall be as continuous as is practicable leaving spaces for pedestrian access and other functional open spaces. b. The primary entrance door of each building shall face the street frontage (except for those buildings located on Sandario Road), and shall remain unlocked during normal business hours. 2. Building Side and Rear Setback a. No minimum side or rear setbacks are required provided minimum building code requirements are met. 3. Building Separation a. A minimum of one pedestrian access shall be provided for every 150 feet of building frontage along Marana Main Street and Sandario Road for connections between the parking lots and the street. b. The pedestrian access shall be a minimum of 10 feet in width. Marana Town Council Meeting 9/17/2019 Page 277 of 319 Development Regulations Marana Main Street III-7 Specific Plan c. The minimum distance between primary structures and an accessory building or two accessory buildings shall be as per the minimum building code requirements. 4. Building Height a. Maximum building height shall not exceed 60 feet. b. Buildings along Marana Main Street (in the Marana Main Street Land Use designation) shall be a minimum of two stories. 5. Residential Standards a. Residential development (only in the Marana Main Street land use designation) shall be subject to the following standards: 1. No residential use shall be permitted on the first floor of any building. a. Each building with residential units shall have separate, private access to the residential floor(s). b. Parking spaces as required in the Land Development Code shall be clearly designated and reserved for each residential unit. c. Each unit shall include a minimum of 75 square feet of private open space in a balcony. d. Private balconies should be covered to protect from the weather and should be designed to be an extension of the interior common living area. 6. Parking and Loading Standards a. The Parking Standards in the Land Development Code shall govern the parking requirements. Some parking requirements may be reduced to account for shared use of parking spaces and to minimize the impact of paved parking areas. b. Parking areas serving buildings along Marana Main Street and Sandario Road shall be primarily located behind the building. c. A landscape buffer will be required to shield the parking area and drive- throughs from Sandario Road. d. Individual Parking Plan: An individual parking plan may be submitted to reduce the total spaces required by Town of Marana standards provided the following standards are met: 1. The plan shall be reviewed and approved by the Planning Director and the Town Engineer. Marana Town Council Meeting 9/17/2019 Page 278 of 319 Development Regulations Marana Main Street III-8 Specific Plan 2. The plan shall include a parking analysis for the development. 3. On-street parking along the building frontage may be included in the parking calculations. 4. The plan shall document that the reduced parking will ensure sufficient parking for the proposed uses. 5. The plan does not cause traffic safety or operational problems. 6. A future revision to land or building uses may require submittal of a revised plan or an increase in parking spaces. 7. Bicycle Spaces a. Bicycle parking shall be subject to the following standards: 1. Bicycle parking shall be required for all development areas and distributed around the site. 2. Bicycle parking spaces shall be provided in bicycle racks equal to three percent of the required vehicle parking spaces. 3. A minimum of two bicycle parking spaces shall be required in any bike rack. 8. Screening a. All equipment, such as but not limited to, mechanical, electrical, communications and air conditioning shall be selected and located in a manner consistent with the architecture of the project and shall be screened from view from adjacent properties and public streets. Parapet walls, enclosing walls, louvers and grills shall be used to conceal from view all equipment on site or on the roofs of buildings. Exceptions may be made for equipment that, by nature of simple geometric shape, blends well with the architecture of the project. Satellite dishes and other communications equipment must be integrated with the architecture or screened in an acceptable manner. 9. Storage Standards a. Open storage of equipment and materials is prohibited. Storage areas, including areas used for dumpster of private garbage facilities, shall be subject to standards as follows: 1. Storage areas shall be screened from all streets and adjacent property. 2. The screening shall form a complete opaque screen up to a point eight feet in vertical height. Storage within the screened area may not exceed the height of the screen. Marana Town Council Meeting 9/17/2019 Page 279 of 319 Development Regulations Marana Main Street III-9 Specific Plan 3. Screening material shall be compatible in color, texture, and material with the overall architectural design of the building. 10. Landscaping a. The overall landscape design shall be one that incorporates vegetation and hardscape to create a place that encourages congregation and socialization. A variety of meeting places should be offered throughout Marana Main Street, including urban gardens or plaza areas, to create places where people want to come and enjoy leisure time, shop and dine. b. The landscape plan should reflect the energy and vitality that will occur from the mixed-use activity. The proliferation of vibrant seasonal color (showy flowers, fall color or berries), shade trees and planters with ornamental and seasonal plants, are strongly encouraged for color and variety. Vines or other organic material are preferred screening treatments, and to create intimate gathering spaces. c. All landscaped areas shall be integrated and maintained in a well-kept condition in accordance with the Marana Land Development Code. 1. All landscape buffers shall be planted in accordance with the Commercial Design Standards and shall be provided as follows: a. A minimum three foot high barrier to eliminate views of automobiles on Sandario Road. b. No minimum landscape buffer requirements will be required for buildings fronting the Marana Main Street roadway in the Marana Main Street Land Use designation. c. A minimum 50 foot landscape buffer adjacent to the lots in the Marana Vista subdivision. d. 20’ landscape buffer along Frontage Road adjacent to the Interstate 10 freeway. e. 20’ landscape buffer along Denny Road. d. A minimum of 50 percent of the trees are to be 24-inch box size and the balance shall be a minimum 15 gallon size. e. Trees shall be located in planter bays to provide a shading effect to the adjacent parking bays. Additional shrubs and groundcovers may be planted in planter bays to further reduce large areas of unbroken paving. f. Shrubs are to be used in planter bays to screen cars from street frontages, property lines, entry drives and pedestrian walkways. All other surfaces within planting areas are to be covered by organic or inorganic groundcover. g. No trees or large shrubs shall be planted within 10 feet of any entry driveway. Marana Town Council Meeting 9/17/2019 Page 280 of 319 Development Regulations Marana Main Street III-10 Specific Plan h. Shading of asphalt areas will be in accordance with the Marana Land Development Code. i. Informal groups of trees shall be planted next to structures. 11. Noise Standards a. Noise impact shall be considered and incorporated in the design of all facilities and uses to minimize the impact on mixed-use and adjacent residential properties. When appropriate, an acoustical analysis will be required as part of the plan review process. b. An event or development shall be considered to produce a noise disturbance if the sound level emitted by said development exceeds the following at the property line: 1. Noise levels in excess of 55 decibels during the hours of 6:00 a.m. to 10:00 p.m. 2. Noise levels in excess of 45 decibels during the hours of 10:00 p.m. to 7:00 a.m. D. Design Standards 1. Purpose and Intent The purpose of this document is to provide specific design criteria and standards for the Marana Main Street Specific Plan to ensure a consistent standard of quality and that the design of the project remains true to the theme and character established by the developer. 2. Authority and Scope a. The responsibility of reviewing future development plan submittals for compliance with this Specific Plan, as further described in the Implementation and Administration chapter of this plan (Section IV), falls to the Town of Marana. b. Both the developer and the Town of Marana shall be responsible for the implementation of these Design Standards. c. Being specific to the Marana Main Street Specific Plan, and in the case of a conflict with other regulations, the provisions contained herein shall prevail. d. Minor amendments to these Design Standards may occur with the approval of the developer and the review and approval of the Planning Director. Minor amendments include changes to setbacks, minor alterations to road alignments, minor alterations to site layout and configuration and any increases or decreases to parcel size within a 10% margin. Marana Town Council Meeting 9/17/2019 Page 281 of 319 Development Regulations Marana Main Street III-11 Specific Plan e. Major amendments to these Design Standards shall be subject to the same process used to amend the zoning for the Specific Plan. Major amendments include changes to the land use boundaries, any proposed amendment which conflicts with the adopted Specific Plan, and reductions to the dimensions of the required buffer areas. Other amendments which modify the zoning stipulations shall be considered a major amendment. f. If any provision herein is considered ambiguous or unclear, the Planning Director shall be responsible for interpreting the intent of these Design Standards. g. All items not specifically addressed by these Design Standards will automatically be covered by the Town of Marana Land Development Code. 3. Circulation Standards Development in Marana Main Street will establish vehicular and pedestrian connections with the existing and planned land uses around the site. It is important to make the Marana Main Street a comfortable walking and pedestrian-friendly destination. Tree lined streets, arcade building frontages, and pedestrian alleyway shortcuts will make it an easy, safe and attractive destination. To achieve this, development blocks shall have limited vehicle access points. Drives shall be located away from the pedestrian areas along Marana Main Street and Sandario Road. All off-street parking shall be located behind the buildings and have dedicated, shaded pedestrian pathways. Buildings masses shall be separated by pedestrian alleyways to create regular points of egress and ingress between the off - street parking, Marana Main Street and Sandario Road. In addition to roads and parking, the Marana Main Street Specific Plan will include a comprehensive pedestrian and bicycle circulation network. Vehicular circulation and parking should be accommodated without impacting the pedestrian experience. Adequate measures shall be provided to reduce vehicular/pedestrian circulation conflicts. a. Pedestrian and Bicycle Circulation Pedestrian-friendly communities are made possible through well-designed and efficient circulation systems. Pedestrian spaces and routes should be designed to invite non-vehicular traffic throughout Marana Main Street. Pedestrian and bicycle pathways shall be planned such that they connect all open space and development areas. These circulation routes should be recognized as recreational amenities and as alternatives to automobile circulation. 1. The Marana Main Street Specific Plan shall have sufficiently wide sidewalks with appropriate shading and pedestrian seating areas to make walking a pleasure even in the desert summer. Continuous building frontage with a variety of retail uses spilling out onto the sidewalks can make streets an Marana Town Council Meeting 9/17/2019 Page 282 of 319 Development Regulations Marana Main Street III-12 Specific Plan active public place. Pedestrian alleyways can serve as short-cuts between buildings and provide for additional frontage to the retail businesses. 2. Pedestrian-friendly development with a human scale will be achieved with the following standards: a. Streets shall have a continuous canopy of trees. b. Buildings with front setbacks shall be built up to the sidewalks by adding arcades, colonnades, awnings, stoops, balconies and terraces. c. Bicycle and pedestrian paths shall be designed to minimize conflicts with vehicular traffic. d. Bicycle parking shall be provided at focal points and activity centers. e. Bicycle and pedestrian paths shall be developed to provide links to all areas within Marana Main Street as well as adjacent areas. b. Streetscape Design Standards 1. Circulation shall include convenient access to and from adjacent areas, and minimize conflicts between pedestrians and vehicles by strategically locating street locations and street connections into and out of development blocks. Parking lots shall be organized so they are strategically buffered from the majority of pedestrian storefront activities. 2. An active, pedestrian oriented streetscape along Marana Main Street and Sandario Road shall be developed that includes the following: a. Way finding and directional signage designed and located in such a way as to be visible from both pedestrian and vehicular traffic throughout Marana Main Street. b. Site lighting shall complement the existing street and pedestrian lighting on Marana Main Street and Civic Center Drive. c. Streetscapes shall include abundant street trees and special plantings. d. Building fronts shall have pedestrian-friendly store fronts. e. The street and sidewalk environment shall be cooled with colonnades, trellises and other shade structures. f. Sidewalk areas shall include special paving and pedestrian oriented open spaces. g. Decorative pavement and lighting shall be included at all pedestrian crossings. j. Access and interconnectivity shall be provided to adjacent areas. Marana Town Council Meeting 9/17/2019 Page 283 of 319 Development Regulations Marana Main Street III-13 Specific Plan 4. Site Planning a. General Site Design Standards 1. The building design and elevation plans shall be sensitive to the pedestrian scale of Marana Main Street. 2. The building frontage along Marana Main Street and Sandario Road shall be as continuous as is practicable leaving spaces for normal vehicular and pedestrian access and other functional open space needs. 3. At least one pedestrian access shall be provided for every 150 feet of building frontage along Marana Main Street and Sandario Road. The access shall provide for connections between the parking lots and the street. 4. The pedestrian access shall be a minimum of 10 feet. Corner buildings shall have the main entrance along the primary street. Secondary entrances may be allowed along the non-primary side. 5. Building articulation and configuration shall consist of: a. Varied building facades b. Strong continuous built influence along street fronts c. Generous first floor heights d. Architectural detailing e. Special corner treatments 6. Covered and shaded walkways may consist of one or more of the following: a. Colonnades b. Awnings c. Trellises d. Canopies e. Other shading devices as accepted by the Planning Director 7. Retail buildings shall include one or more of the following: a. Multi-sided shopping b. Varied shops c. Continuous shop frontage 8. Alleyways and street corners shall be enhanced by one or more of the following: a. Framed views b. Features that convey an element of surprise c. Walk through show windows 9. Parking within Marana Main Street shall include: a. Pedestrian-friendly and inviting entry points b. Parking behind buildings Marana Town Council Meeting 9/17/2019 Page 284 of 319 Development Regulations Marana Main Street III-14 Specific Plan c. Parking structures where appropriate 5. Landscape Design Standards Marana Main Street incorporates coordinated landscaping throughout the entire project and provides landscaping standards for local streetscapes, development areas, and public area space. Marana Main Street will be designed with distinctive landscape features to define its identity and relation to other development in the Town Center Planning Area. Plants shall be selected for their form, color, drama, stateliness and shade qualities. Choice and design of planters will be equally important with respect to overall character and functionality for supporting plant life. Development shall be subject to the Commercial Design Standards in the Marana Land Development Code and subject further to the following standards: a. General Standards 1. Trees shall be planted to soften the architecture of proposed buildings and provide shade for parking, pedestrian areas and outdoor gathering spaces. 2. Shrubs shall be planted where appropriate to create foundation planting adjacent to the proposed buildings to provide an appropriate transition from the ground plane. Shrubs can also be used to provide visual screening for utility boxes and service items. 3. Groundcovers shall be planted to provide continuity within the landscape and tie together other landscape elements. 4. All plants shall be selected from the approved plant list as described in Title 17 of the Marana Land Development Code. 5. All planting areas shall be irrigated. 6. Special design features such as low walls, trellises and small plazas shall be encouraged along with public art. b. Street Standards 1. Parking lot landscaping shall be subject to the following standards: a. Landscaping planters no less than six feet wide, by the length of the parking stall, shall be placed at the ends of parking rows to define driveways with one tree per parking aisle and appropriate groundcovers. b. Landscaping planters no less than six feet wide shall be placed every eight, or less, parking stalls in planters no less than six feet wide by the length of the parking stall with one tree and appropriate groundcovers. 2. Street trees are to be a minimum of 24-inch box size. Marana Town Council Meeting 9/17/2019 Page 285 of 319 Development Regulations Marana Main Street III-15 Specific Plan c. Decorative Paving Hardscape materials available for the paving of special activity areas, vehicular and pedestrian areas are numerous in their choice of colors, patterns and textures. Interlocking or brick pavers, colored or textured concrete surfaces are encouraged for use throughout Marana Main Street. The following standards shall be incorporated in the Marana Main Street design: 1. The selection of materials shall be based on the established architectural theme of a given project area. 2. Areas of pedestrian activity shall be delineated with accent pavement and specialty lighting. d. Walls and fences 1. Alternative walls and fences within a project area shall be consistent with the architectural theme including materials and design of the project and any developed areas located adjacent to such wall or fence. 2. Walls shall be of adequate height to function as a screening device as determined by the Planning Director and the developer. 3. Screen walls or fences of sheet or corrugated metal, asbestos, or chain link fencing are specifically prohibited. e. Amenities Site amenities may include trash receptacles, ash urns, benches, planters, bicycle racks, bollards, drinking fountains, information displays, comfort stations, kiosks and other fixtures. The following principles and standards shall be applied to the selection and placement of outdoor amenities: 1. Amenities shall be located so as not to impede the flow of pedestrian traffic and shall conform to applicable Americans with Disabilities Act (ADA) standards. 2. Design shall reflect the character of the project area. 3. Amenities shall be constructed of long-wearing, vandal resistant materials. 4. Incorporation of amenities that are constructed of recycled-content products is highly encouraged. 5. The final selection of amenities shall be based on the appropriate materials and design and their consistency with adjacent architectural features. Approval regarding materials and consistency of these elements shall be deferred to the developer. Marana Town Council Meeting 9/17/2019 Page 286 of 319 Development Regulations Marana Main Street III-16 Specific Plan 6. Outdoor amenities shall be incorporated to some degree in the majority of open space areas within Marana Main Street. 6. Architectural Standards Marana Main Street takes its inspiration from the history of Spanish influence and its current presence in the regional architecture as the basis for its own architectural style. The suggested style will be Spanish Renaissance Revival Vernacular. This style creates a more informal character and may be symmetrical or, more typically, asymmetrical in its composition. It is considered to be best suited for urban character and mixed-use development. The vernacular style is well suited to the Arizona climate, history and culture, and will lend a small town feel to Marana Main Street. It is less ornate and therefore more suited to current building practices, available expertise, and offers efficient and economical construction. It is less formal and allows for much needed flexibility in building design and articulation. a. General Architectural Standards 1. The building design and articulation in plans and elevations shall be compatible with the purpose, and sensitive to the scale and vision, of Marana Main Street. 2. The layout of the multi-building developments along Marana Main Street Sandario Road, and Frontage Road, shall be designed to break the site into a series of smaller “blocks” defined by pad site buildings, pedestrian walkways, streets or other vehicular circulation routes. 3. Buildings that front Marana Main Street and Sandario Road shall have dedicated pedestrian access facing the street. Tenants are encouraged to provide additional pedestrian access from the rear or side of the building if applicable. b. Building Massing and Articulation The character of building mass should provide a community oriented scale of development with friendly retail, office, lodging, residential and civic opportunities. 1. Buildings shall be articulated to have a varied appearance in their heights, features, roof styles and colors that work to create a sense of evolution and growth over time. This discontinuity in facade design and arrangement is complimented by eliminating or largely reducing the side yards to allow continuous rows of shops. This idea reinforces the pedestrian scale and creates a vibrant mix of uses. Marana Town Council Meeting 9/17/2019 Page 287 of 319 Development Regulations Marana Main Street III-17 Specific Plan 2. The building masses shall be broken at specific points for scale, providing shortcuts and invoking curiosity. The edge treatment at these corners should be dealt with using great sensitivity. 3. Building massing and articulation features should include the following: a. Shade canopies b. Relief islands in parking lots c. Show windows along side alleys d. Public art and landscaping at strategic points e. Safe and shaded pedestrian path connections to shops f. Multi-use congregation spaces c. Building Design 1. Windows shall be recessed at least two inches from the building wall, or they shall project from the building wall, such as bay windows. 2. Architectural features such as step backs and other single-story elements shall be required on the second story. 3. Adjacent structures shall not be painted the same color. 4. Entrances shall be framed and shall be at the same scale as single-family homes. 7. Signage a. Signs shall be of a scale, height, material and illumination which reflect the concepts being promoted for the Marana Main Street development. b. All sign locations and sign designs shall be subject to a Planned Sign Program. All signage shall be created to incorporate design elements and building materials that complement the architectural theme of Marana Main Street. c. The Planned Sign Program should include way-finding and directional signage as well as a marker or monument commemorating the cotton production and processing that occurred on this site. 8. Exterior Lighting Street lighting shall conform to the Town of Marana Outdoor Lighting Code Requirements. Street and parking lot light fixtures shall complement the existing Marana Town Council Meeting 9/17/2019 Page 288 of 319 Development Regulations Marana Main Street III-18 Specific Plan type and pattern of street and pedestrian lighting that occur on Marana Main Street and Civic Center Drive at the Marana Municipal Complex. Use of other lighting elements may vary from one area to the next, but levels of illumination shall remain consistent in quality and clarity. The use of special lighting elements and accent lighting is encouraged subject to the regulations of the adopted Marana Lighting Code. 9. Commemorative Marker/Monument To ensure that the historical heritage of the site is remembered, the developer will build and install to Town specifications a marker commemorating the cotton production and processing that occurred on this site. Marana Town Council Meeting 9/17/2019 Page 289 of 319 IV. Implementation and Administration Marana Town Council Meeting 9/17/2019 Page 290 of 319 Implementation and Administration Marana Main Street IV-1 Specific Plan A. Purpose This section of the Specific Plan outlines the implementation of development on the project site. It identifies the responsible party to ensure the project is built in coordination with infrastructure improvements, providing a continuity of design. This section also provides guidance regarding general administration of and amendment procedures to the Specific Plan. B. Proposed Changes to Zoning Ordinance The Development Regulations section of the Specific Plan addresses only those areas that differ from the Town of Marana Land Development Code. If an issue, condition or situation arises that is not covered or provided for in this Specific Plan, those regulations of the Town of Marana Land Development Code that are in place at the time of development shall be used by the Planning Director as the guidelines to resolve the unclear issue, condition or situation. C. General Implementation Responsibilities The implementation of the Marana Main Street Specific Plan is the responsibility of the developer. The developer is the entity responsible for providing infrastructure needs including roads, sewer and water in a timely and efficient manner. At any time, the developer may relinquish its rights and assign any or all rights to one or more builders. Associated responsibilities of the developer would also be transferred to the builder at that time. The Town of Marana Development Services Department will be responsible for ensuring all policies and standards laid out in the Specific Plan are adhered to during the review of all development in Marana Main Street Specific Plan. D. Development Review Procedures All proposed subdivision plats, improvement plans, development plans and building permits within the Marana Main Street Specific Plan shall be submitted to Town for approval and permitting. Plats, plans and permit applications shall be approved by the Town of Marana in accordance with Town of Marana procedures. Final decisions on grading, drainage, final road alignment, improvement plans, revegetation, and other matters will be made after the approval of the preliminary plat. No structures, including signs, shall be erected, improved or altered, nor shall any grading, excavation, tree removal or any other work which in any way alters the exterior appearance of any structure or area of land, shall commence until the appropriate permit has been approved. Marana Town Council Meeting 9/17/2019 Page 291 of 319 Implementation and Administration Marana Main Street IV-2 Specific Plan Approval of a subdivision plat, development plan or building permit is subject to the following requirements:  Conformance with the Marana Main Street Specific Plan, as adopted;  Dedication of appropriate rights-of-way and easements for roads (within 60 days of specific plan adoption), utilities and drainage areas by plat, or by separate instrument if the property is not to be subdivided;  Preliminary plat, final plat and development plan submittals that follow Town of Marana procedures current at the time of application;  Architectural elevation renderings submitted for review and approval by the Town of Marana prior to development plan approval. E. Phasing The timing of development for Marana Main Street will be dictated by the market and confirmation of users. F. Specific Plan Administration 1. Enforcement The Marana Main Street Specific Plan shall be administered and enforced by the Town of Marana in accordance with the provisions of the Specific Plan and the applicable provisions of the Town of Marana Land Development Code. 2. Administrative Change Certain changes to the explicit provisions in the Specific Plan may be made administratively be the Town of Marana Planning Director, provided such changes are not in conflict with the overall intent as expressed in Marana Main Street Specific Plan. Any changes must conform to the goals and objectives of the Specific Plan. The Planning Director’s decision regarding administrative changes and determination of substantial change as outlined below shall be subject to appeal to the Town Council. Categories of administrative changes include, but are not limited to:  The addition of new information to the Specific Plan maps or text that does not change the effect of any regulations or guidelines, as interpreted by the Planning Director;  Changes to the community infrastructure planning and alignment such as roads, drainage, water, and sewer systems that do not increase the development capacity in the Specific Plan area; Marana Town Council Meeting 9/17/2019 Page 292 of 319 Implementation and Administration Marana Main Street IV-3 Specific Plan  Changes to the development plan boundaries due to platting. Minor adjustments to development plan areas, drainage areas and other technical refinements to the Specific Plan due to adjustments in final road alignments will not require an amendment to the Specific Plan but will require staff approval; or  Changes to development regulations that are in the interest of the community and do not affect health or safety issues. 3. Substantial Change This Specific Plan may be substantially amended by the procedure outlined in the Town of Marana Land Development Code, Specific Plan Changes. The owner or agent of the property may submit to the Planning Director a written application to amend one or more of the Specific Plan regulations. The request shall include all sections or portions of the Marana Main Street Specific Plan that are affected by the change(s). The Planning Director shall refer the request with his recommendations to the Planning Commission for public hearing. The Planning Commission shall make its recommendation to the Town Council, which, after public hearing, shall approve, reject or modify the proposed amendment. 4. Interpretation The Planning Director shall be responsible for interpreting the provisions of this Specific Plan. Appeals to the Planning Director’s interpretation may be made to the Board of Adjustment within 15 days from the date of the interpretation. If an issue, condition or situation arises that is not sufficiently covered in the Specific Plan, the Planning Director may use the applicable regulations within the Town of Marana Land Development Code as a guideline for resolution. This provision shall not be used to permit uses or procedures not specifically authorized by this Specific Plan or the Town of Marana Land Development Code. G. Fees Fees will be assessed as indicated by the Town of Marana adopted fee schedule current to the time of application. Marana Town Council Meeting 9/17/2019 Page 293 of 319 Appendice Marana Town Council Meeting 9/17/2019 Page 294 of 319 Appendix A: Definitions Marana Main Street A-1 Specific Plan Definitions • Boutique hotel – A unique hotel typically offering personalized accommodation and services / facilities. Typically boutique hotels are furnished in a themed, stylish and/or inspirational manner. • Central Business District – The largest, most intensively developed, mixed-use area within a city, usually containing, in addition to major retail uses, governmental offices; service uses; professional, cultural, recreation, and entertainment establishments and uses; residential, hotels, and motels; appropriate industrial services; and transportation facilities. • (Marana Single Central Business District) – An approximately five square mile area of land located in the heart of northern Marana that is planned to be Marana’s commerce district. Town Council approved and authorized the designation of the Single Central Business District by Resolution 2008.60 in May 2008. • Financial services – Banks, credit unions, investment services, financial planning and similar financial institutions (including drive-through facilities). • Food and beverage services – Restaurants, bars, cafes, bakeries, coffee shops, butchers, delicatessens, candy stores, food preparation centers, catering services, and similar uses, not including drive-through facilities. • Marana Main Street (MMS) – A land use designation with the Marana Main Street Specific Plan that allows a mix of uses. • Mixed-use building – A building with a combination of residential and non-residential uses; retail on the first floor with office or residential on subsequent floors. • Mixed-use Development – Mixed-use developments create vibrant urban environments that bring compatible land uses, public amenities, and utilities together at various scales. These developments work to create pedestrian-friendly environments, higher-density development, and a variety of uses that enable people to live, work, play and shop in one place, which can become a destination. • Offices – Professional, semi-professional, medical, dental, business, sales, counseling, consulting, and similar uses requiring an indoor office. • Open Spaces – A public or private congregation space such as plazas, courtyards, pavements, walkways, dining areas, and similar pedestrian areas that are designed exclusively for pedestrian activity. • Pedestrian friendly – Description of an environment that is pleasant and inviting for people on foot; specifically, offering sensory appeal, safety, street amenities such as plantings and furniture, good lighting, easy visual and physical access to buildings, and diverse activities. Marana Town Council Meeting 9/17/2019 Page 295 of 319 Appendix A: Definitions Marana Main Street A-2 Specific Plan • Personal services – Barber shops, beauty salons, health clubs, copying services, clothes cleaning, tailoring, laundromats, picture framing, private postal services, shoe repair, video rentals, watch repair, small domestic machine repair, bicycle repair, and similar indoor services. • Retail – Apparel, appliances, bicycles, pharmacies, gift shops, variety stores, food and dry goods markets, antique dealers, hardware, stationery, office equipment, florists, jewelry, newsstands, bookstores, art galleries, furniture, packaged liquor, pet shops, office supplies, sporting goods, and similar sundry items. • Recycled-content products – Products made from materials that would otherwise have been discarded. Items in this category are made totally or partially from material destined for disposal or recovered from industrial activities—like aluminum soda cans or newspaper. Recycled-content products also can be items that are rebuilt or remanufactured from used products such as toner cartridges or computers. • Self Storage, Indoor – A use engaged in the storage of goods and/or materials characterized by infrequent pick-up and delivery, and located within a building. The definition excludes hazardous material storage, warehousing, distribution, and vehicle storage. • Smart Growth – Development that serves the economy, the community, and the environment. Smart Growth is development that simultaneously achieves economic development and jobs, strong neighborhoods and healthy communities. Compact, transit accessible, pedestrian-oriented, mixed-use development patterns and land uses. • Vertical mixed-use buildings – Vertical mixed-use development combines different uses in the same building. The lower floors generally have more public uses, with private uses on the upper levels. Examples include residential space over commercial establishments, street-level retail with offices above, residential and hotel uses in the same building, retail within a parking structure with multiple uses above. Vertical mixed- use development can have any number of revenue-producing and mutually supporting uses in the same building. Marana Town Council Meeting 9/17/2019 Page 296 of 319 Public Hearing – Specific Plan Amendment PCZ1907-001 Marana Main Street Specific Plan September 17, 2019 Marana Town Council Meeting 9/17/2019 Page 299 of 319 Main Street Grocery Tumbleweed Lounge Marana Main Street (Proposed) Denny Road Marana Road Sandario Road Applicant: Bruce Call, AECM, PLLC Lot size: Approximately 28 acres Location: South of Marana Road and east of Sandario Road Amendment Request: •Allow for the development of additional businesses with drive- through facilities. •Updated map exhibits to reflect current conditions. •A revised conceptual plan of lots in the Highway Support Commercial land use area. Project Information & Request Marana Town Council Meeting 9/17/2019 Page 300 of 319 Lot 5 Lot 3 Lot 4 Existing Drive-Through Locations 2013 Lot 3 Lot 4 Lot 5 Marana Town Council Meeting 9/17/2019 Page 301 of 319 Specific Plan Proposed Amendments: 1.Businesses with associated drive- through permitted on all lots in the Highway Support Commercial land use designation without the requirement of a conditional use permit. 2.Pharmacy business with associated drive-though window on Lot 3 with approval of a Conditional Use Permit. Drive-Thru Businesses Allowed By Right Pharmacy With Drive-through window by CUP Lot 5 Lot 4 Lot 3 Proposed Drive-Through Locations Highway Support Commercial Marana Main Street Commercial Marana Town Council Meeting 9/17/2019 Page 302 of 319 Lot 3 Drive-through Conditions of Approval Drive-Thru Businesses Allowed By Right Pharmacy With drive-through window by CUP Main Street Commercial Lot 3 pharmacy business drive- through criteria: 1.The siting of the drive-through window must be located behind and screened by the principal building. 2.Stacking of cars shall not be permitted in an access driveway, and instead, the parking lot must be used for stacking. 3.Location and design of the access driveway shall minimize impacts on pedestrian activity. 4.The design precludes vehicular access conflicting with an existing or planned adjacent use. 5.The facility is located to minimize noise and odors. Lot 3 Marana Town Council Meeting 9/17/2019 Page 303 of 319 2013 Proposed Evolution of Marana Main Street 2008 Marana Town Council Meeting 9/17/2019 Page 304 of 319 Questions? Marana Town Council Meeting 9/17/2019 Page 305 of 319      Council-Regular Meeting   DI        Meeting Date:09/17/2019   To:Mayor and Council Submitted For:Keith Brann, Town Engineer From:Suzanne Sutherland, Executive Assistant to the Town Clerk Date:September 17, 2019 Strategic Plan Focus Area: Not Applicable Subject:Relating to Floodplain Management; a presentation and possible direction regarding the findings from the second phase of the Town of Marana's northwest drainage study (Keith Brann) Discussion: The second phase of the Town's drainage study for Northwest Marana has been completed.  The study area is divided into two regions.  The first region is west of the Santa Cruz River and includes the Town limits from the river southwest to Twin Peaks Road. The second region is east of the Santa Cruz River and includes the Town limits from the river northeast to the Central Arizona Project Canal/I-10. The first phase of the study dealt primarily with existing conditions was presented to council March 12, 2019.  This second phase of the study involves the following tasks: 1.  computer modeling of proposed infrastructure to determine effectiveness 2.  program level cost estimating of proposed infrastructure 3.  determination of areas of benefit from proposed infrastructure and magnitude of proportionate share cost Staff will present these findings and discuss actions moving forward. Staff Recommendation: Council's pleasure. Marana Town Council Meeting 9/17/2019 Page 306 of 319 Council's pleasure. Suggested Motion: Council's pleasure. Attachments Marana NW Drainage Study Marana Town Council Meeting 9/17/2019 Page 307 of 319 Northwest Marana Drainage Study Keith Brann, Town Engineer September 17, 2019 Marana Town Council Meeting 9/17/2019 Page 308 of 319 Phase 1 Recap •FY19 CIP project •Detailed hydraulic study of NW Marana Existing conditions –Stakeholder discussion of results February 2019 –Council Presentation March 2019 •Hydraulic model to be used to model proposed projects Marana Town Council Meeting 9/17/2019 Page 309 of 319 Phase 1 Recap –“East” model starts with 2009 FEMA mapping model –Modified for non-regional storm event –20ft Grid west of CAP canal and north of Moore Road –New “West” model –Non-regional storm event –20 ft Grid north of Twin Peaks Road Study Area •FY19 CIP project •Detailed hydraulic study of NW Marana Existing conditions –Stakeholder discussion of results February 2019 –Council Presentation March 2019 •Hydraulic model to be used to model proposed projects Marana Town Council Meeting 9/17/2019 Page 310 of 319 Northwest Marana Drainage -East side Marana Town Council Meeting 9/17/2019 Page 311 of 319 Northwest Marana Drainage -West side Marana Town Council Meeting 9/17/2019 Page 312 of 319 Phase 2 –Alternatives analysis •Review and model major flood control infrastructure previously contemplated –Barnett Channel –Marana Road Channel –Hardin Road Channel –Pinal County Line Channel •Model CAP canal near airport for breach scenario/potential LOMR •Review and model minor problem areas as directed, Possible areas include: –Marana Main street –Various dip crossings –Veteran’s cemetery area Marana Town Council Meeting 9/17/2019 Page 313 of 319 Barnett Channel –With CAP interception Significant Regional Improvements Floodplain reduced to Kirby Hughes Road Marana Town Council Meeting 9/17/2019 Page 314 of 319 Barnett Channel –Cost and Benefit Area Right of way acquisition Excavation Road crossings I-10 improvements UPRR bridges Major utilities Selected armoring Programming Cost estimate $30M Benefitting area 2,700 acres Marana Town Council Meeting 9/17/2019 Page 315 of 319 Marana Channel –Cost and Benefit Area Right of way Acquisition Excavation Road Crossings Sewer trunkline Selected armoring Programming Cost estimate $12M Benefitting area 1,500 acres Marana Town Council Meeting 9/17/2019 Page 316 of 319 Hardin vs CMID 10.5 Channel –Cost and Benefit Area Right of way acquisition Excavation Road crossings Selected armoring Programming Cost estimate $10M Benefitting area 900 acres Marana Town Council Meeting 9/17/2019 Page 317 of 319 Marana Airport –Floodplain Remapping FEMA required modeling 1.With both embankments 2.Without both embankments 3.With only one embankment failed Marana Town Council Meeting 9/17/2019 Page 318 of 319 Next Steps •Review results with stakeholders •Finalize master study reports •Explore funding alternatives •Supplemental Services to be considered –Letter of Map Revision for Marana airport Marana Town Council Meeting 9/17/2019 Page 319 of 319