Loading...
HomeMy WebLinkAboutRegular Council Meeting Agenda Packet 02/21/2023MARANA TOWN COUNCIL REGULAR COUNCIL MEETING NOTICE AND AGENDA 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, February 21, 2023, at or after 6:00 PM Ed Honea, Mayor Jon Post, Vice Mayor Patti Comerford, Council Member Jackie Craig, 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 February 21, 2023, at or after 6:00 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 6:00 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 Regular Meeting February 21, 2023 Page 1 of 208 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. Marana Town Council Regular Meeting February 21, 2023 Page 2 of 208 future agenda.   PROCLAMATIONS   MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS   MANAGER’S REPORT: SUMMARY OF CURRENT EVENTS   PRESENTATIONS   P1 Relating to Budget; presentation of second quarter results (July-December) for the Town's General Fund and other selected major funds for the 2022-2023 fiscal year (Yiannis Kalaitzidis)   P2 Relating to Strategic Planning; presentation and discussion regarding the Town's progress in implementing the Marana Strategic Plan Five (Andrea Caicedo)   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. 2023-015: Relating to Community and Neighborhood Services; approving and authorizing the Mayor to execute an intergovernmental agreement between Pima County and the Town of Marana for the management and implementation of the 2022-2023 Community Development Block Grant Program (Lisa Shafer)   C2 Resolution No. 2023-016: Relating to Municipal Court; approving the appointment of Eva Bacal and Stuart de Haan as magistrates pro tempore for the Marana Municipal Court (Laine McDonald)   C3 Resolution No. 2023-017: Relating to Public Works; approving and authorizing the Mayor to sign a public improvement participation agreement with TKC Marana, LLC for the construction of water improvements as part of the Tangerine Road water main project (Jane Fairall) Marana Town Council Regular Meeting February 21, 2023 Page 3 of 208   C4 Approval of Regular Council Meeting Summary Minutes of February 7, 2023 (David L. Udall)   LIQUOR LICENSES   BOARDS, COMMISSIONS AND COMMITTEES   B1 Resolution No. 2023-018: Relating to Boards, Commissions and Committees; rescinding Marana Resolution No. 2011-100 and dissolving the Marana Citizens’ Forum (Andrea Caicedo)   B2 Relating to Boards, Commissions and Committees; presentation, discussion, and possible direction regarding the new iteration of the Marana Citizens' Forum, including discussion of Forum membership, procedures, and implementation of recommendations (Andrea Caicedo)   COUNCIL ACTION   A1 PUBLIC HEARING: Ordinance No. 2023.004: Relating to Development; approving a rezoning of approximately 165 acres of land located east of Interstate 10, east and west of Adonis Road, and approximately 1.2 miles north of Tangerine Road from Zone E (Transportation Corridor) to R-4 (Residential), R-5 (Residential), and MR-1 (Multi-Family Residential); and approving and authorizing the Mayor to sign the Development Agreement Regarding Streets Development Impact Fee Credits for the Stonegate Development Project (Brian Varney)       A2 PUBLIC HEARING: Ordinance No. 2023.005: Relating to Land Development; revising Marana Town Code Title 17 (Land Development), Chapter 17-3 (Administration and Enforcement), Section 17-3-1 (Amendment and Rezoning) to add provisions relating to a citizen review process for rezoning applications; and designating an effective date (Steve Cheslak)   ITEMS FOR DISCUSSION / POSSIBLE ACTION   D1 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 (Terry Rozema)      Marana Town Council Regular Meeting February 21, 2023 Page 4 of 208 D2 Relating to Budget; discussion, direction, and possible action regarding development of the fiscal year 2023/2024 budget, including proposed budget initiatives and expenditures (Terry Rozema)      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 Regular Meeting February 21, 2023 Page 5 of 208      Council-Regular Meeting   P1        Meeting Date:02/21/2023   To:Mayor and Council From:Yiannis Kalaitzidis, Finance Director Date:February 21, 2023 Strategic Plan Focus Area: Not Applicable Subject:Relating to Budget; presentation of second quarter results (July-December) for the Town's General Fund and other selected major funds for the 2022-2023 fiscal year (Yiannis Kalaitzidis) Discussion: The purpose of this item is to present a summary of the Town's second quarter financial results (July-December) for the Town's General Fund and other selected major funds for fiscal year 2022-2023. It is important to note that these results are preliminary, unaudited and subject to change based upon adjusting entries, as necessary.  The attached provides a high-level revenue and expenditure summary at the end of the current quarter. Revenue Overall, revenues are within or above expectations for all funds at this time of the year except for the Water Fund. Revenues for the General Fund are better than expected due to consistently better than anticipated sales taxes in most categories. HURF fund revenues are just above expectations due to strong activity related to vehicle related tax categories. Bed Tax fund revenues are above expectations due to a better than anticipated occupancy rates and revenues in the hospitality industry. Half Cent Sales Tax fund revenues which will be used for the multi-generational community and aquatics center is averaging about $625,000 per month since its inception. Charges for services revenues in the enterprise funds are within expectations for Marana Town Council Regular Meeting February 21, 2023 Page 6 of 208 Charges for services revenues in the enterprise funds are within expectations for this time of year.  Additional detail on these variances is included within the visualization slides attached to this item. Expenditures Expenditures in all funds are at or below expectations.  This is partly due to the timing of one-time projects and programs some of which are multi-year in nature including the Tangerine Road widening east of I-10 and the multigenerational community and aquitics center. The Water and  Water reclamation funds are within expectations and in line with prior year activity when excluding prior year emergency repairs.  The quarterly update will be available on the Town's website following tonight's meeting.  The public may interact with the Power BI tool by drilling down into the data.  The tool can be found on the following page: http://www.maranaaz.gov/financial-documents Staff Recommendation: Presentation of second quarter results only. Suggested Motion: Presentation of second quarter results only. Attachments FY2022-2023 Second Quarter Financial Update Marana Town Council Regular Meeting February 21, 2023 Page 7 of 208 Financial Brief: Second Quarter Fiscal Year 2022 – 2023 Prepared by: Finance Department Marana Town Council Regular Meeting February 21, 2023 Page 8 of 208 Contents Summary 1 General Fund Revenues 2 General Fund Expenses 3 HURF Revenues 4 HURF Expenses 5 Transportation Fund Revenues 6 Transportation Fund Expenses 7 Bed Tax Fund Revenues 8 Bed Tax Fund Expenses 9 Half Cent Sales Tax Fund Revenues 10 Half Cent Sales Tax Fund Expenses 11 Water Revenues 12 Water Expenses 13 Water Reclamation Revenues 14 Water Reclamation Expenses 15 Airport Revenues 16 Airport Expenses 17 Marana Town Council Regular Meeting February 21, 2023 Page 9 of 208 1 Marana Town Council Regular Meeting February 21, 2023 Page 10 of 208 2 Marana Town Council Regular Meeting February 21, 2023 Page 11 of 208 3 Marana Town Council Regular Meeting February 21, 2023 Page 12 of 208 4 Marana Town Council Regular Meeting February 21, 2023 Page 13 of 208 5 Marana Town Council Regular Meeting February 21, 2023 Page 14 of 208 6 Marana Town Council Regular Meeting February 21, 2023 Page 15 of 208 7 Marana Town Council Regular Meeting February 21, 2023 Page 16 of 208 8 Marana Town Council Regular Meeting February 21, 2023 Page 17 of 208 9 Marana Town Council Regular Meeting February 21, 2023 Page 18 of 208 10 Marana Town Council Regular Meeting February 21, 2023 Page 19 of 208 11 Marana Town Council Regular Meeting February 21, 2023 Page 20 of 208 12 Marana Town Council Regular Meeting February 21, 2023 Page 21 of 208 13 Marana Town Council Regular Meeting February 21, 2023 Page 22 of 208 14 Marana Town Council Regular Meeting February 21, 2023 Page 23 of 208 15 Marana Town Council Regular Meeting February 21, 2023 Page 24 of 208 16 Marana Town Council Regular Meeting February 21, 2023 Page 25 of 208 17 Marana Town Council Regular Meeting February 21, 2023 Page 26 of 208      Council-Regular Meeting   P2        Meeting Date:02/21/2023   To:Mayor and Council Submitted For:Andrea Caicedo, Assistant to the Town Manager From:Andrea Caicedo, Assistant to the Town Manager Date:February 21, 2023 Strategic Plan Focus Area: Thriving Commerce,  Vibrant Community,  Cherished Heritage,  Proactive Public Services,  Healthy Lifestyles Subject:Relating to Strategic Planning; presentation and discussion regarding the Town's progress in implementing the Marana Strategic Plan Five (Andrea Caicedo) Discussion: The Marana Town Council adopted Strategic Plan Five on September 6, 2022. The purpose of the Strategic Plan is to provide focus to municipal operations during Fiscal Year 2023 to Fiscal Year 2025. The Strategic Plan sets out five strategic focus areas to guide the Town in budgetary and policy decisions: Cherished Heritage1. Vibrant Community2. Thriving Commerce3. Healthy Lifestyles4. Proactive Public Services5. After adoption of Strategic Plan Five, Staff began the implementation process of the goals and strategies outlined in the plan and have begun tracking the plan's progress through the use of a new tool, Envisio. The purpose of tonight's item is to report on the Town's quarterly progress in implementing Strategic Plan Five and to highlight key accomplishments during Quarter 1 and Quarter 2 of Fiscal Year 2023. This progress update serves as a commitment to the Marana residents and stakeholders Marana Town Council Regular Meeting February 21, 2023 Page 27 of 208 to provide transparency regarding the goals and strategies identified in the plan. The public will also have the opportunity to view the Town's progress at https://www.maranaaz.gov/strategic-plan.  Staff Recommendation: Presentation of Strategic Plan Five progress only. Suggested Motion: Presentation of Strategic Plan Five progress only. Attachments No file(s) attached. Marana Town Council Regular Meeting February 21, 2023 Page 28 of 208      Council-Regular Meeting   C1        Meeting Date:02/21/2023   To:Mayor and Council From:Lisa Shafer, Community Development Director Date:February 21, 2023 Strategic Plan Focus Area: Not Applicable Subject:Resolution No. 2023-015: Relating to Community and Neighborhood Services; approving and authorizing the Mayor to execute an intergovernmental agreement between Pima County and the Town of Marana for the management and implementation of the 2022-2023 Community Development Block Grant Program (Lisa Shafer) Discussion: The Community Development Block Grant (CDBG) program, established by Congress in 1974, provides communities with resources to address a wide range of unique community development needs. Administered by the U.S. Department of Housing and Urban Development (HUD), the CDBG program provides annual grant funding, on a formula basis, to 1209 general units of local government and states. HUD awards grants to entitlement community grantees to carry out a wide range of community development activities directed toward revitalizing neighborhoods, economic development, and providing improved community facilities and services. Entitlement communities develop their own programs and funding priorities. However, grantees must give maximum feasible priority to activities which benefit low- and moderate-income persons. A grantee may also carry out activities which aid in the prevention or elimination of slums or blight. Additionally, grantees may fund activities when the grantee certifies that the activities meet other community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community where other financial resources are not available to meet such needs. CDBG funds may not be used for activities which do not meet these broad national objectives. Marana Town Council Regular Meeting February 21, 2023 Page 29 of 208 for activities which do not meet these broad national objectives. Eligible grantees include: principal cities of Metropolitan Statistical Areas (MSAs); other metropolitan cities with populations of at least 50,000; and qualified urban counties with populations of at least 200,000 (excluding the population of entitled cities). HUD determines the amount of each entitlement grant by a statutory dual formula which uses several objective measures of community needs, including the extent of poverty, population, housing overcrowding, age of housing and population growth lag in relationship to other metropolitan areas. Because the Town did not meet the entitled communities criteria three years ago, any CDBG funding received by the Town had to be allocated by Pima County. This is the third and final year of the agreement with the County. These funds are subject to both the federal CDBG guidelines and the HUD-approved plan developed by Pima County. The Town is able to apply for use of a portion of Pima County's CDBG funding through an annual proposal process. Earlier this year the Town applied for funding in four specific programs (Colonia Neighborhood Cleanup, Emergency Home Repair and Owner Occupied Housing Rehabilitation) and for funding to cover the cost of administering programs that address the needs of low-to moderate-income families.  Pima County awarded the Town of Marana $60,000 from the 2022-2023 Community Development Block Grant Program.  The grant provided funding for Administration, Colonia Clean-up, Emergency Home Repair, and Owner Occupied Housing Rehabilitation.   This will be the last year, the Town receives CDBG funds through Pima County.  Beginning FY2024, the Town will get CDBG funds directly from HUD.   Financial Impact: Fiscal Year:2023 Budgeted Y/N:Y Amount:$60,000 Staff Recommendation: Staff recommends approval of the intergovernmental agreement between Pima County and the Town of Marana for the management and implementation of the 2022-2023 Community Development Block Grant Program. Suggested Motion: I move to adopt Resolution No. 2023-015, approving and authorizing the Mayor to execute the intergovernmental agreement between Pima County and the Town of Marana for the management and implementation of the 2022-2023 Community Development Block Grant Program. Attachments Marana Town Council Regular Meeting February 21, 2023 Page 30 of 208 Attachments Resolution No. 2023-015 Exhibit A to Resolution - CDB IGA Marana Town Council Regular Meeting February 21, 2023 Page 31 of 208 00086543.DOCX /1 Resolution No. 2023-015 - 1 - MARANA RESOLUTION NO. 2023-015 RELATING TO COMMUNITY AND NEIGHBORHOOD SERVICES; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT BETWEEN PIMA COUNTY AND THE TOWN OF MARANA FOR THE MANAGEMENT AND IMPLEMENTATION OF THE 2022-2023 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM WHEREAS the Town of Marana recognizes the need to provide safe affordable housing and neighborhood infrastructure for its citizens and has applied for Community Development Block Grant (CDBG) funding for these purposes; and WHEREAS Pima County has been awarded funding from the U.S. Department for Housing and Urban Development under the CDBG program for the 2022-2023 federal fiscal year; and WHEREAS the Town of Marana has been selected as a sub-grantee through Pima County’s proposal process; and WHEREAS Pima County and the Town of Marana may contract for services and enter into agreements with one another for joint or cooperative action pursuant to A.R.S. §11-952 et seq.; 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 intergovernmental agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. The intergovernmental agreement between Pima County and the Town of Marana, in the form attached to and incorporated by this reference in this reso- lution as Exhibit A, is hereby approved, and the Mayor 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 out the terms, obliga- tions, and objectives of the intergovernmental agreement. Marana Town Council Regular Meeting February 21, 2023 Page 32 of 208 00086543.DOCX /1 Resolution No. 2023-015 - 2 - PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 21st day of February, 2023. Mayor Ed Honea ATTEST: David L. Udall, Town Clerk APPROVED AS TO FORM: Jane Fairall, Town Attorney Marana Town Council Regular Meeting February 21, 2023 Page 33 of 208 CT-CR-23-184 Page 1 of 18 Pima County Community & Workforce Development Department Project: Management and Implementation of the Town of Marana Community Development Block Grant (CDBG) Program Subrecipient name and address: Town of Marana 11555 West Civic Center Drive Marana, Arizona 85653 Subrecipient UEI #: N6BJH4S4W3L1 Federal Award Identification Number: B-22-UC-04-0502 Federal Award Date: 9/18/2022 Contract No.: CT-CR-23-184 Sub-award Term/Period of Performance start and end date: July 1, 2022 through September 30, 2023 Sub-award Budget Period start and end date: July 1, 2022 and terminates on September 30, 2023 Pass-through Entity: Pima County Community & Workforce Development Department Amount of federal funds obligated by this action by the pass-through entity to the subrecipient (amount of this agreement or amendment): $60,000.00 Total amount of the Federal Award committed to the subrecipient by the pass-through entity (original amount of this agreement, plus any amendments and any future budget periods, if applicable): $60,000.00 Total amount of federal funds obligated to the subrecipient by the pass-through entity including the current financial obligation (amount of this agreement, plus any amendments, including this amendment): $60,000.00 Federal award project description (descriptive project title): The agreement will provide funding for neighborhood cleanup and home repair for income-qualified persons and households in Marana, Arizona. Funding agency: United States Department of Housing and Urban Development (“USHUD”) Assistance listing number and title (100% of sub-award, including all disbursements): 14.218, Community Development Block Grant/Entitlement Grants (CDBG) Research and Development? No Subrecipient Indirect cost rate and methodology: N/A SUBAWARD AGREEMENT 1. PARTIES, BACKGROUND, PURPOSE AND AUTHORITY. 1.1. Parties. This Subaward Agreement (“Agreement”) is entered into by and between Pima County (“County”), a body politic and corporate of the State of Arizona, and the Town of Marana (“Subrecipient” or “Contractor”), a municipal corporation in the State of Arizona. Exhibit A to Marana Resolution No. 2023-015 Marana Town Council Regular Meeting February 21, 2023 Page 34 of 208 CT-CR-23-184 Page 2 of 18 1.2. Background and Purpose. On June 7, 2022, the Pima County Board of Supervisors (the “Board”) authorized inclusion of Subrecipient’s proposal for use of CDBG funds in the 2022- 2023 Annual Action Plan that County submitted to HUD to obtain the FY 2022-2023 CDBG funds. The Board also passed Resolution No. 2022-28 approving the allocation of $60,000.00 of FY 2022-2023 CDBG funds to Subrecipient. 1.3. Authority. County is authorized by A.R.S. §§ 11-254.04, 11-251 (5) and 11-251 (17), to spend public monies to improve and enhance the economic welfare and health of the inhabitants of the County. County applied for and received Community Development Block Grant (“CDBG”) funds in the amount of $2,746,895 funds in the amount of $2,746,895.00 from HUD, under Title I of the Housing and Community Development Act of 1974, as amended (Public Law 93-383). 1.4. Solicitation and Response. Under solicitation number CDNC-10-25-21-CDBG-ESG (“2022- 2023 Community Planning Application”), County sought proposals for programs and activities that would qualify for CDBG funding during Federal Fiscal Year (“FY”) 2022-2023. Subrecipient submitted a response to the 2022-2023 Community Planning Application. County has determined that the services or activities proposed in Subrecipient’s response to the Community Planning Application are eligible for CDBG funding and in the best interests of the residents of Pima County. 2. TERM, TERM EXTENSIONS, AND AMENDMENTS. 2.1. This Agreement commences on July 1, 2022 and terminates on September 30, 2023 (the “Initial Term”). If the commencement date of the Initial Term is before the signature date of the last party to execute this Contract, the parties will, for all purposes, deem the Contract to have been in effect as of the commencement date. “Term,” when used in this Agreement, means the Initial Term plus any exercised Extension Options. County may renew this Agreement for up to a total of five years to coincide with the term of County’s Consolidated Plan submitted to HUD (an “Extension Option”). An Extension Option will be effective only upon execution by the parties of a formal written amendment. 2.2. The terms of this Agreement may be modified, amended, altered, or extended only by a written amendment signed by the parties. Any amendments to the Agreement must be approved by the County and, where applicable, by the Federal sponsoring agency, before any services under the amendment commences. Minor modifications are changes in the scope, which do not change the specified purpose, outcomes or the total compensation provided through this Agreement and do not in any way increase the direct or indirect liability of County under this Agreement. Any change that increases or decreases the maximum allocated amount or that changes the Scope of Work in any way will require an amendment to this Agreement. Such change will not be effective, nor will compensation under the change be provided, until the amendment is fully executed by both parties. 2.3. Notwithstanding paragraphs 2.1 and 2.2 above, the terms and conditions of this Agreement will survive and remain in effect during any period that Subrecipient has control over grant funds, including program income. 3. SCOPE OF SERVICES. 3.1. Subrecipient will provide County with the services described in the attached Exhibit A (4 pages). Subrecipient will also obtain and maintain all licenses, permits and authority required for performance under this Agreement. 3.2. Subrecipient will 1) employ suitably trained and skilled personnel to perform all services under this Agreement; and 2) give first priority to hiring low-income, disadvantaged and/or unemployed individuals, if hiring personnel is required or allowed with grant funds provided under this Agreement. Unless otherwise provided, the personnel delivering services under this Agreement will be employees or volunteers of Subrecipient; satisfy any qualifications herein; and be covered by personnel policies and practices of Subrecipient. No program Exhibit A to Marana Resolution No. 2023-015 Marana Town Council Regular Meeting February 21, 2023 Page 35 of 208 CT-CR-23-184 Page 3 of 18 funded under this Agreement may impair existing agreements for services or collective bargaining agreements or be inconsistent with the terms of a collective bargaining agreement without the written concurrence of the labor organization and employer concerned. 3.3. Subrecipient certifies that no individual or agent has been employed or retained to solicit or secure this Agreement for commission, percentage, brokerage or contingent fee except a bona fide employee whose job duties include securing business. 4.MONITORING AND EVALUATION. 4.1. County will monitor all activities and information sources in the management, fiscal, and services systems of Subrecipient and any subcontracted parties relating to performance of duties and obligations under this Agreement to ensure that Subrecipient is: 4.1.1. Making adequate and acceptable progress in the provision of services; 4.1.2. Maintaining adequate and acceptable systems to document services and expenditures; and 4.1.3. Using the funds provided pursuant to this Agreement effectively and efficiently to accomplish the purposes for which funds were made available. 4.2. Subrecipient shall cooperate in the monitoring and evaluation process by County and/or HUD. Subrecipient shall assist County in providing reports and documentation to HUD related to Subrecipient’s performance and, where applicable, the impact of the CDBG-funded activities on the community. If monitoring and evaluation finds that Subrecipient’s performance is substandard, Subrecipient will be in default of this Agreement. If Subrecipient fails to take appropriate actions to correct the default within 15 calendar days from date of notice, this Agreement may be suspended or terminated. 5. COMPENSATION AND PAYMENT. 5.1. County will pay Subrecipient up to $60,000.00 (“Maximum Allocated Amount”). County will make payments from CDBG Grant(s) County has been awarded from HUD (“awarding agency”). Payment of the full Maximum Allocated Amount is subject to the CDBG funds being made available to County for this Agreement. The Maximum Allocated Amount may be decreased at any time due to reduction, termination, or any other changes in funding. Unless specifically authorized by County, unexpended funds will not be carried over into another fiscal year. Pursuant to the agreement between HUD and County (Pima County Contract No. B-22- UC-04-0502) and the Pima County Board of Supervisors’ approval of this allocation of CDBG funds to Subrecipient June 7, 2022, Subrecipient may be reimbursed for eligible costs associated with activities under this Agreement as follows: 5.1.1. For eligible activities from and after October 1, 2022; and 5.1.2. For administrative costs incurred from and after July 1, 2022. 5.2. Subrecipient must submit a request for reimbursement every month, even if no funds are being requested for the prior month. Requests for reimbursement are due as follows: Contract Month Due date for Request for Reimbursement January through April & July through December 15 calendar days from end of month May June 15 June July 7 5.3. Subrecipient must submit each monthly request for reimbursement to County by the 15th working day of each month for the previous month of costs and services in Exhibit A and must reference this Agreement number. Each request may only be for participants determined eligible by County and properly enrolled in the program or for other authorized expenses that are not paid or reimbursed by another federal, state or local grant revenue source. Exhibit A to Marana Resolution No. 2023-015 Marana Town Council Regular Meeting February 21, 2023 Page 36 of 208 CT-CR-23-184 Page 4 of 18 5.4. The person(s) that prepared the request and an authorized manager, supervisor, or executive of the Subrecipient must approve and sign each monthly request for reimbursement to insure proper internal financial controls. 5.5. Each request must include amount of actual expenditures; accrued expenditures, if applicable; program income, as defined by the federal awarding agency; and all other fiscal resources applied to expenses incurred in providing services under this Agreement. 5.6. Each request must be accompanied by documentation which includes, but is not limited to: 5.6.1. A summary report of monthly expenditures by expense categories as shown in approved budget in Exhibit A. 5.6.2. Copies of invoices and checks (front and back) to support all purchases of goods or services. 5.6.3. If reimbursement is authorized for travel and incidental expenses, detailed travel reports to support all travel expenses. 5.6.4. Any other documentation requested by County. 5.7. If reimbursement is authorized for personnel costs, be accompanied, at a minimum by the following documentation for each pay period: 5.7.1. Time sheets or other records, signed by the employee and the employee’s immediate supervisor with direct knowledge of employee’s efforts for this Agreement, that specify the days, hours per day and total hours worked on the grant(s); and 5.7.2. Accounting system report(s) specifying rate of pay and costs of employer-paid benefits. Fringe benefits must be calculated at the rate shown in the budget in Exhibit A. 5.8. If Subrecipient is required to provide matching funds under the terms of the Awarding Agency, Subrecipient must also provide the documentation described in paragraphs 5.3 through 5.7 for the matching funds. 5.9. Subrecipient must utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. Subrecipient may not bill County for costs which are paid by another source. Subrecipient must notify County within ten days of receipt of alternative funding for costs which would otherwise be subject to payment pursuant to this Agreement. 5.10. If each request for payment includes adequate and accurate documentation, County will generally pay Subrecipient within 30 days from the date invoice is received. Subrecipient should budget cash needs accordingly. 5.11. County may, at its sole discretion, 1) determine the acceptability and progress of work performed and determine the resulting entitlement to payment of each request for reimbursement; 2) liquidate funds available under this Agreement for costs incurred by County on behalf of Subrecipient; or 3) deny full payment for requests for reimbursement that are submitted to County after the date in paragraph 5.2. County may deduct its processing costs or delay-related damages in connection with a request for payment submitted after that date. 5.12. Pursuant to A.R.S. § 11-622, County will deny reimbursement completely for requests for payment made later than six months after the last item of the account accrues. 5.13. Subrecipient must submit its request for final payment for compensation earned and/or eligible costs incurred to the County within 15 working days after the end of the Term on invoices that meet the requirements in paragraphs 5.3 through 5.7. 5.14. No payments will be made to Subrecipient, until: 1) Subrecipient has completed and submitted a W-9 Taxpayer Identification Number form; 2) Subrecipient has registered as a Pima County Vendor through the Pima County Procurement website; 3) this Agreement is fully executed; and 4) adequate and accurate documentation is provided with each request for Exhibit A to Marana Resolution No. 2023-015 Marana Town Council Regular Meeting February 21, 2023 Page 37 of 208 CT-CR-23-184 Page 5 of 18 payment or invoice. 5.15. The Director of Community and Workforce Development or designee has the sole discretion to grant changes between budget line items of no more than 15%. The change may not increase or decrease the maximum allocated amount. The written request must contain a detailed explanation of the reasons the change is necessary, and how the specified purpose, program(s), metrics, or outcomes in this Agreement will continue to be met, despite the requested change. The change must be for future expenditures that are not part of the current existing and approved budget(s). The change may not be to cover unbudgeted expenditures incurred by Subrecipient prior to receiving the written approval for a budget line item change. If the Director of CWD or designee approves the request for the budget line item change, the change will not be effective, nor will compensation under the change be provided, until the date in the written approval. 5.16. Pursuant to 2 CFR § 2400.101, unless excepted under 24 CFR Chapters I through IX, the cost principles in 2 CFR Part 200, Subpart E will be used to determine whether an incurred cost will be reimbursed under this Agreement. Subrecipient must reimburse County for improper, unallowable, or unsubstantiated costs discovered as a result of audit or otherwise within 30 days following demand for reimbursement by County. 5.17. For the period of record retention required under Section 24, County may question any payment made under this Section 5 and to require reimbursement by setoff or otherwise for payments determined to be improper or contrary to the Agreement or law. 6. PROGRAM INCOME. County does not anticipate that Subrecipient will generate program income, as defined by the awarding agency, under the activities of this Agreement. In the event that activities under this Agreement do generate program income or program income is authorized, Subrecipient must report to County all program income, as defined at 24 CFR § 570.500(a), generated and received as a result of activities carried out with the CDBG funds provided pursuant to this Agreement. These reports are due quarterly. Subrecipient must return program income to County within 15 days of the end of each month, unless otherwise specified in Exhibit A (4 pages). 7. INSURANCE. Subrecipient will procure and maintain at its own expense insurance policies (the “Required Insurance”) satisfying the below requirements (the “Insurance Requirements”) until all of its obligations under this Agreement have been met. The below Insurance Requirements are minimum requirements for this Agreement and in no way limit Subrecipient’s indemnity obligations under this Agreement. County in no way warrants that the required insurance is sufficient to protect the Subrecipient for liabilities that may arise from or relate to this Agreement. If necessary, Subrecipient may obtain commercial umbrella or excess insurance to satisfy the Insurance Requirements. 7.1. Insurance Coverages and Limits: 7.1.1. Commercial General Liability (CGL): Occurrence Form covering liability arising from premises, independent contractors, personal injury, bodily injury, broad form contractual liability and products-completed operations with minimum limits not less than $2,000,000 Each Occurrence and $2,000,000 General Aggregate. Any standard coverages excluded from the CGL policy, such as products/completed operations, etc. shall be covered by endorsement or separate policy and documented on the Certificates of Insurance 7.1.2. Business Automobile Liability: Coverage for any owned, leased, hired, and/or non- owned autos assigned to or used in the performance of this Agreement with minimum limits not less than $1,000,000 Each Accident. 7.1.3. Workers’ Compensation (WC) and Employers' Liability: 7.1.3.1. Workers’ Compensation with Employers Liability limits of $1,000,000 each accident and $1,000,000 each employee – disease. Workers’ Compensation Exhibit A to Marana Resolution No. 2023-015 Marana Town Council Regular Meeting February 21, 2023 Page 38 of 208 CT-CR-23-184 Page 6 of 18 statutory coverage is compulsory for employers of one or more employees. 7.1.3.2. Note: The Workers’ Compensation requirement does not apply if Subrecipient is exempt under A.R.S. § 23-901, and has executed the appropriate Pima County Sole Proprietor (Independent Contractor) Waiver form. 7.1.4. Professional Liability (E & O) Insurance – This insurance is required for work from professionals whose coverage is excluded from the above CGL policy. The policy limits shall be not less than $2,000,000 Each Claim and $2,000,000 Annual Aggregate. The insurance shall cover professional misconduct or negligent acts of anyone performing any services under this contract. 7.2. Additional Insurance Requirements: The policies shall include, or be endorsed to include, as required by this written agreement, the following provisions: 7.2.1. Claims Made Coverage: If any part of the Required Insurance is written on a claims- made basis, any policy retroactive date must precede the effective date of this Agreement, and Subrecipient must maintain such coverage for a period of not less than three years following Agreement expiration, termination or cancellation. 7.2.2. Insurer Financial Ratings: Coverage must be placed with insurers acceptable to County with A.M. Best rating of not less than A- VII, unless otherwise approved by County. 7.2.3. Additional Insured: The General Liability policy must be endorsed to include Pima County and all its related special districts, elected officials, officers, agents, employees and volunteers (collectively “County and its Agents”) as additional insureds with respect to liability arising out of the activities performed by or on behalf of the Subrecipient. The full policy limits and scope of protection must apply to County and its Agents as an additional insured, even if they exceed the Insurance Requirements. 7.2.4. Wavier of Subrogation: Commercial General Liability and Workers’ Compensation coverages must each contain a waiver of subrogation in favor of County and its Agents for losses arising from work performed by or on behalf of the Subrecipient. 7.2.5. Primary Insurance: The Required Insurance policies, with respect to any claims related to this Agreement, must be primary and must treat any insurance carried by County as excess and not contributory insurance. The Required Insurance policies may not obligate County to pay any portion of a Subrecipient’s deductible or Self Insurance Retention (SIR). 7.2.6. Subcontractors: Subrecipient must either (a) include all subcontractors as additional insureds under its Required Insurance policies, or (b) require each subcontractor to separately meet all Insurance Requirements and verify that each subcontractor has done so, Subrecipient must furnish, if requested by County, appropriate insurance certificates for each subcontractor. Subrecipient must obtain County’s approval of any subcontractor request to modify the Insurance Requirements as to that subcontractor. 7.3. Verification of Coverage: 7.3.1. Insurer or Broker of Subrecipient must evidence compliance with the Insurance Requirements by furnishing certificates of insurance executed by a duly authorized representative of each insurer. Each certificate must include: 7.3.1.1. The Pima County tracking number for this Agreement, which is shown on the first page of the Agreement, and a project description, in the body of the Certificate, 7.3.1.2. A notation of policy deductibles or SIRs relating to the specific policy, and Exhibit A to Marana Resolution No. 2023-015 Marana Town Council Regular Meeting February 21, 2023 Page 39 of 208 CT-CR-23-184 Page 7 of 18 7.3.1.3. Certificates must specify that the appropriate policies are endorsed to include additional insured and subrogation wavier endorsements for the County and its Agents. 7.3.2. Each Required Insurance policy and appropriate endorsements must be in effect not less than 15 days prior to commencement of work under this Agreement. A renewal certificate must be provided to County not less than 15 days prior to the policy’s expiration date to include actual copies of the additional insured and wavier of subrogation endorsements. Failure to maintain the Required Insurance, or to provide evidence of renewal, is a material breach of this Agreement. 7.3.3. County reserves the right to, at any time, require complete copies of any or all Required Insurance policies. 7.3.4. Cancellation Notice: Subrecipient’s insurance policies and endorsements shall not be permitted to expire, be cancelled, suspended or materially changed from the agreed upon Insurance Requirements for any reason without 30 days advance written notice to County of the policy cancellation, suspension or material change. Subrecipient must provide written notice to County within two business days of receipt of notice. For cancellation of non-payment, Insurer is to provide County with written notice ten days prior to cancellation of policy. 7.4. Approval and Modifications: The Pima County Risk Manager may approve a modification of the Insurance Requirements without the necessity of a formal Agreement amendment, but the approval must be in writing. Neither County’s failure to obtain a required insurance certificate or endorsement, County’s failure to object to a non-complying insurance certificate or endorsement, or County’s receipt of any other information from the Subrecipient, its insurance broker(s) and/or insurer(s), constitutes a waiver of any of the Insurance Requirements. 8. INDEMNIFICATION. 8.1. To the fullest extent permitted by law, Subrecipient will defend, indemnify and hold harmless County, and any related taxing district, and the officials and employees and each of them (collectively, “Indemnitee”) from and against any and all claims, actions, liabilities, losses, and expenses (including reasonable attorney fees)(collectively, “Claims”) arising out of actual or alleged injury of any person (including death) or loss or damage to tangible or intangible property caused, or alleged to be caused, in whole or in part, by any act or omission of Subrecipient or any of Subrecipient’s directors, officers, agents, employees, volunteers, or subcontractors. This indemnity includes any claim or amount arising or recovered under the Workers’ Compensation law or arising out of the failure of Subrecipient to conform to any federal, state or local law, statute, ordinance, rule, regulation or court decree. The Indemnitee will, in all instances, except for claims arising solely from the acts or omissions of the Indemnitee, be indemnified by Subrecipient from and against any and all claims. Subrecipient is responsible for primary loss investigation, defense and judgement costs for any claim to which indemnity applies. This indemnity will survive the expiration or termination of this Agreement. 8.2. Subrecipient warrants that services provided under this Agreement are non-infringing. Subrecipient will indemnify, defend and hold County harmless from any claim of infringement arising from services provided under this Agreement or from the provision, license, transfer or use for their intended purpose of any products provided under this Agreement. 8.3. Subrecipient has the same obligations to County as County does to HUD pursuant to the amended 2022-2023 Annual Action Plan and assurances. Subrecipient will hold County harmless against any injury that County may suffer with respect to HUD due to any failure on the part of Subrecipient to fulfill obligations to HUD. 9. LAWS AND REGULATIONS. Exhibit A to Marana Resolution No. 2023-015 Marana Town Council Regular Meeting February 21, 2023 Page 40 of 208 CT-CR-23-184 Page 8 of 18 9.1. Compliance with Laws; Changes. Subrecipient will comply with all federal, state, and local laws, rules, regulations, standards and Executive Orders, without limitation to those designated within this Agreement. Any changes in the governing laws, rules, and regulations during the terms of this Agreement will apply, but do not require an amendment. 9.2. Licensing. Subrecipient warrants that it is appropriately licensed to provide the services under this Agreement and that its subcontractors will be appropriately licensed. 9.3. Choice of Law; Venue. The laws and regulations of the State of Arizona will govern the rights of the parties, the performance of this Agreement, and any disputes hereunder. Any action relating to this Agreement must be brought in a court of the State of Arizona in Pima County. 9.4. Compliance with 24 CFR § 570. Subrecipient will comply with the requirements of 24 CFR Part 570, including Subpart K of these regulations, except the Subrecipient does not assume: (1) County’s environmental responsibilities described in 24 CFR § 570.604; and (2) County’s responsibility for initiating the review process under the provisions of 24 CFR Part 52. 9.5. Use of Funds. Subrecipient warrants that funds provided for personnel employed in the administration of the activities funded under this Agreement will not be used for: 9.5.1. Political activities; 9.5.2. Inherently religious activities; 9.5.3. Lobbying to influence the outcome of any election or the award of any federal contract, grant, loan or cooperative agreement (see Federal Standard Form LLL, “Disclosure of Lobbying Activities); 9.5.4. Political patronage; or 9.5.5. Nepotism activities. 9.6. Compliance with Federal Law, Rules and Regulations. Subrecipient will comply with the provisions of: 9.6.1. 24 CFR Part 5; subpart A, including the nondiscrimination and equal opportunity requirements at 24 CFR § 5.105(a); 9.6.2. Davis-Bacon Act (Public Law 107-217); 9.6.3. Contract Work Hours and Safety Standards Act (40 USC 3701 et seq.); 9.6.4. Copeland “Anti-Kickback” Act (18 U.S.C. 874 and 40 U.S.C. 276C, 29 C.F.R. Part 3); 9.6.5. Equal Employment for Federally Assisted Construction Contracts (E.O. 11246, "Equal Employment Opportunity," as amended, and as supplemented by regulations at 41 CFR part 60). During the performance of this contract, the contractor agrees as follows: 9.6.5.1. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 9.6.5.2. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will Exhibit A to Marana Resolution No. 2023-015 Marana Town Council Regular Meeting February 21, 2023 Page 41 of 208 CT-CR-23-184 Page 9 of 18 receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. 9.6.5.3. The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. 9.6.5.4. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 9.6.5.5. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 9.6.5.6. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders,this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 9.6.5.7. The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: 9.6.5.7.1. Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States. The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, That if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract. The applicant agrees that it will assist and cooperate actively with the administering agency and the Exhibit A to Marana Resolution No. 2023-015 Marana Town Council Regular Meeting February 21, 2023 Page 42 of 208 CT-CR-23-184 Page 10 of 18 Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. 9.6.5.7.2. The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings; 9.6.6. Section 3 of the HUD Act of 1968 as amended; 9.6.7. Uniform Relocation Act and the requirements contained in 49 CFR Part 24; 9.6.8. Environmental review under 24 CFR Part 58; 9.6.9. Section 6002 of the Solid Waste Disposal Act; 9.6.10. Resource Conservation and Recovery Act and the requirements contained at 42 U.S.C. § 6962; 9.6.11. Federal Funding Accountability and Transparency Act of 2006, P.L.109-282, as amended by section 6202(a) of P.L. 110-252); 9.6.12. Lead-Based Paint Poisoning Prevention Act (42. U.S.C. §§ 4821-4846); 9.6.13. Sections 102(a) and 202(a) of the Flood Disaster Protection Act of 1973, as amended; 9.6.14. Title VI of the Civil Rights Act of 1964; 9.6.15. 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards; 9.6.16. Fingerprinting certification, and criminal background checks including, but not limited to the applicable provisions of: A.R.S. §§ 8-804, 36-594.01, 36-3008, 41-1964, and 46-141; 9.6.17. Debarment and Suspension (2 CFR Part 180 Subparts F through H); 9.6.18. Drug-Free Workplace (2 CFR Part 2429); 9.6.19. Environmental Tobacco Smoke (Pub. L. 103-227, Part C); 9.6.20. All rules and regulations applicable for the Acts listed above. 9.7. Cooperation. Subrecipient will fully cooperate with County, HUD, and any other federal agency in the review and determination of compliance with the above provisions. Exhibit A to Marana Resolution No. 2023-015 Marana Town Council Regular Meeting February 21, 2023 Page 43 of 208 CT-CR-23-184 Page 11 of 18 10. INDEPENDENT CONTRACTOR. Subrecipient is an independent contractor. Neither Subrecipient nor any of Subrecipient’s officers, agents, or employees will be considered an employee of County or be entitled to receive any employment-related benefits, or assert any protections, under County’s Merit System. Subrecipient is responsible for paying all federal, state and local taxes on the compensation by Subrecipient under this Agreement and will indemnify and hold County harmless from any and all liability which County may incur because of Subrecipient’s failure to pay such taxes. Subrecipient will be solely responsible for its program development, operation, and performance. 11. SUBCONTRACTOR. 11.1. Subrecipient will not enter into any subcontracts for any services to be performed under this Agreement without County’s prior written approval of the subcontract except prior written approval is not required for the purchase of supplies that are necessary and incidental to Subrecipient’s performance under this Agreement. Subrecipient must follow all applicable federal, state, and county rules and regulations for obtaining subcontractor services. Subrecipient will be fully responsible for all acts and omissions of any subcontractor and of persons directly or indirectly employed by any subcontractor and of persons for whose acts, any of them, may be liable to the same extent that the Subrecipient is responsible for the acts and omissions of persons directly employed by it. Nothing in this contract will create any obligation on the part of County to pay or see to the payment of any money due any subcontractor, except as may be required by law. 11.2. Subrecipient must include the provision in Section 5 in all contracts between Subrecipient and its subcontractors providing goods or services pursuant to this Agreement. Subrecipient will be responsible for subcontractors' compliance with that provision and for any disallowances or withholding of reimbursements resulting from noncompliance of said subcontractors with the provision. 12. ASSIGNMENT. Subrecipient cannot assign its rights or obligations under this Agreement, in whole or in part, without County’s prior written approval. County may withhold approval at its sole discretion. 13. NON-DISCRIMINATION. Subrecipient will comply with all provisions and requirements of Arizona Executive Order 2009-09, which is hereby incorporated into this Agreement, including flow down of all provisions and requirements to any subcontractors. Subrecipient will not discriminate against any employee, client or any other individual in any way because of that person’s age, race, creed, color, religion, sex, disability or national origin. Unless exempt under federal law, Subrecipient will comply with Titles VI and VII of the Civil Rights Act of 1964; the Age Discrimination in Employment Act; Section 504 of the Rehabilitation Act of 1973; and the Fair Labor Standards Act of 1938. 14. AMERICANS WITH DISABILITIES ACT. Subrecipient will comply with Title II of the Americans with Disabilities Act (Public Law 110-325, 42 U.S.C. §§ 12101-12213) and the federal regulations for Title II (28 CFR Part 35). 15. AUTHORITY TO CONTRACT. Subrecipient warrants its right and power to enter into this Agreement. If any court or administrative agency determines that County does not have authority to enter into this Agreement, County will not be liable to Subrecipient or any third party by reason of such determination or by reason of this Agreement. 16.FULL AND COMPLETE PERFORMANCE. The failure of either party to insist on one or more instances upon the full and complete performance of any of the terms or conditions of this Agreement to be performed on the part of the other, or to take any action permitted as a result thereof, will not be construed as a waiver or relinquishment of the right to insist upon full and complete performance of the same, or any other covenant or condition, either in the past or in the future. The acceptance by either party of sums less than may be due and owing it at any time will not be construed as an accord and satisfaction. Exhibit A to Marana Resolution No. 2023-015 Marana Town Council Regular Meeting February 21, 2023 Page 44 of 208 CT-CR-23-184 Page 12 of 18 17. CANCELLATION FOR CONFLICT OF INTEREST. This Agreement is subject to cancellation for conflict of interest pursuant to A.R.S. § 38-511, the pertinent provisions of which are incorporated into this Agreement by reference. Subrecipient agrees to comply with all applicable conflict of interest provisions contained in Federal laws and regulations that govern the awarding agency including 24 CFR § 570.611. 18.TERMINATION/SUSPENSION. 18.1. Without Cause: County may terminate this Agreement at any time, without cause, by serving a written notice upon Subrecipient at least 30 days before the effective date of the termination. In the event of such termination, County's only obligation to Subrecipient will be payment for services rendered prior to the date of termination. 18.2. With Cause: County or Subrecipient may terminate this Agreement at any time without advance notice and without further obligation if either party is in default of any provision of this Agreement. 18.3. Insufficient Funds: Notwithstanding Paragraphs 18.1 and 18.2 above, if any state or federal grant monies used for payment or for performance under this Agreement are reduced or withdrawn, County will have the right to either reduce the services to be provided and the total dollar amount payable under this Agreement or terminate the Agreement. To the extent possible, County will endeavor to provide 15 days written notice of such reduction or termination. In the event of a reduction in the amount payable, County will not be liable to Subrecipient for more than the reduced amount. In the event of a termination under this paragraph, County’s only obligation to Subrecipient will be payment for services rendered prior to the date of termination to the extent that grant funds are available. 18.4. Non-Appropriation: Notwithstanding any other provision in this Agreement, this Agreement may be terminated if for any reason, there are not sufficient appropriated and available monies for the purpose of maintaining County or other public entity obligations under this Agreement. In the event of such termination, County will have no further obligation to Subrecipient, other than for services rendered prior to termination. 18.5. Suspension: County reserves the right to suspend Subrecipient’s performance and payments under this Agreement immediately upon notice delivered to Subrecipient’s designated agent in order to investigate Subrecipient’s activities and compliance with this Agreement. In the event of an investigation by County, Subrecipient will cooperate fully and provide all requested information and documentation. At the conclusion of the investigation, or within 45 days, whichever is sooner, Subrecipient will be notified in writing that the Agreement will be immediately terminated or that performance may be resumed. 19. NOTICE. Subrecipient must give written notice of any change of corporate or entity status as promptly as possible and, in any event, within 15 days after the change is effective. A change in corporate or entity status includes, but is not limited to, change from unincorporated to incorporated status and vice versa and any suspension or termination of corporate status based on failure to comply with all applicable federal, state, and local reporting requirements. Any notice required or permitted to be given under this Agreement must be in writing and must be served by delivery or by certified mail upon the other party as follows: County: Director Pima County Community & Workforce Development 2797 E. Ajo Way Tucson, AZ 85713 Subrecipient: Terry Rozema, Town Manager Town of Marana 11555 West Civic Center Drive Marana, Arizona 85653 20. NON-EXCLUSIVE CONTRACT. Subrecipient understands that this Agreement is nonexclusive and is for the sole convenience of County. County reserves the right to obtain like services from other sources for any reason. Exhibit A to Marana Resolution No. 2023-015 Marana Town Council Regular Meeting February 21, 2023 Page 45 of 208 CT-CR-23-184 Page 13 of 18 21. OTHER DOCUMENTS. In entering into this Agreement, Subrecipient and County have relied upon information provided in Subrecipient’s proposal submitted in response the 2022-2023 Community Planning Application including the Instructions to Bidders, Standard Terms and Conditions, Specific Terms and Conditions, Solicitation Addenda, Subrecipient’s Proposal, other information and documents submitted by the Subrecipient in its’ response to said Solicitation. These documents are incorporated into this Agreement to the extent not inconsistent with the provisions of this Agreement, including all exhibits. Subrecipient will promptly bring any provisions which Subrecipient believes are inconsistent to County’s attention, and County will provide Subrecipient with its interpretation of the provisions in question. In the event of an irreconcilable inconsistency, the provisions of the awarding agency documents will govern over the conditions of this Agreement, unless otherwise required by law. 22. REMEDIES. Either party may pursue any remedies provided by law for the breach of this Agreement. No right or remedy is intended to be exclusive of any other right or remedy and each will be cumulative and in addition to any other right or remedy existing at law or at equity or by virtue of this Agreement. 23. SEVERABILITY. Each provision of this Agreement stands alone, and any provision of this Agreement found to be prohibited by law will be ineffective to the extent of such prohibition without invalidating the remainder of this Agreement. 24. BOOKS AND RECORDS. Subrecipient must keep and maintain proper and complete books, records and accounts, which must be open at all reasonable times for inspection and audit by duly authorized representatives of County. Subrecipient must retain all records pertaining to this Agreement for three years after County submits the annual performance and evaluation report to HUD in which the CDBG-funded activities under this Agreement are reported on for the final time or until completion of any action and resolution of all issues which arise from any related litigation, claim, negotiations, audit or other action involving the records that was started before the expiration of the 3-year period, whichever is later.. Records include but are not limited to: 24.1. A full description of each action or activity taken to comply with this Agreement 24.2. Demonstration that the actions and activities meet one or more of the National Objectives of the CDBG program; 24.3. Eligibility documentation and determination; 24.4. Documentation of compliance with the fair housing and equal opportunity components of the CDBG program; 24.5. Disbursements of funds; 24.6. Financial records required under 24 CFR § 570.502; and 24.7. Documentation of compliance with Subpart K of 24 CFR Part 570 25. AUDIT REQUIREMENTS. Subrecipient will: 25.1. Comply with the applicable provisions of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards (2 CFR Part 200). 25.2. Establish and maintain a separate, identifiable accounting of all funds provided by County under this Agreement. The accounting must record all expenditures which are used to support invoices and requests for payment from County. 25.3. Establish and maintain accounting records which identify the source and application of any funds not provided under this Agreement used to support these Agreement activities. 25.4. Ensure that all accounting records meet the requirements of the federal government, the state, and the County, and generally accepted accounting principles laws and regulations. 25.5. Upon written notice from County, provide a program-specific or financial audit. Such notice Exhibit A to Marana Resolution No. 2023-015 Marana Town Council Regular Meeting February 21, 2023 Page 46 of 208 CT-CR-23-184 Page 14 of 18 from County will specify the period to be covered by the audit, the type of audit and the deadline for completion and submission of the audit. 25.6. Assure that any audit conducted pursuant to this Agreement is performed by a qualified, independent accounting firm and submitted to County within six months of completion of the audit required pursuant to this Section 25, unless a different time is specified by County. The audit submitted must include Subrecipient responses, if any, concerning any audit findings. 25.7. Pay all costs for any audit required or requested pursuant to this Section 25, unless the cost is allowable for payment with the grant funds provided pursuant to this Agreement under the appropriate federal or state grant law and the cost was specifically included in the Subrecipient grant budget approved by County. 25.8. Comply with the applicable audit requirements in A.R.S. §11-624, “Audit of Non-Profit Corporations Receiving County Monies., if Subrecipient is a "nonprofit corporation" that meets the definition of “corporation” in A.R.S. §10-3140. Subrecipient will comply with the applicable audit requirements in A.R.S. §11-624, “Audit of Non-Profit Corporations Receiving County Monies.” If Subrecipient meets or exceeds the single audit threshold in 2 CFR Part 200, Subrecipient will comply with federal single audit requirements and, upon request from County, provide County with a copy of the required audit document within 90 days following the end of Subrecipient’s fiscal year. 25.9. Submit the required or requested audit(s) in a timely manner to: Risé Hart Community & Workforce Development 2797 E. Ajo Way, 3rd Floor Tucson, AZ 85713 26. COPYRIGHT. Neither Subrecipient nor its officers, agents or employees will copyright any materials or products developed through contracted services provided or contracted expenditures made under this Agreement without prior written approval by County. Upon approval, County will have a non-exclusive and irrevocable license to reproduce, publish or otherwise use or authorize the use of any copyrighted material. 27. MANDATORY DISCLOSURE. Consistent with 2 CFR 200.113, applicants and recipients must disclose in a timely manner, in writing to the Office of Inspector General (OIG), all information related to violations, or suspected violations, of Federal criminal law involving fraud, bribery, or gratuity violations potentially affecting the Federal award. Subrecipients must disclose, in a timely manner, in writing to the prime recipient (pass through entity) and the OIG, all information related to violations, or suspected violations, of Federal criminal law involving fraud, bribery, or gratuity violations potentially affecting the Federal award. Disclosures must be sent in writing to the awarding agency and to the OIG at the following addresses: U.S. Department of Health and Human Services Office of Inspector General ATTN: Mandatory Grant Disclosures, Intake Coordinator 330 Independence Avenue, SW, Cohen Building Room 5527 Washington, DC 20201 Fax: (202) 205-0604 (Include “Mandatory Grant Disclosures” in subject line) or email: MandatoryGranteeDisclosures@oig.hhs.gov Failure to make required disclosures can result in any of the remedies described in 2 CFR 200.339 remedies for noncompliance, including suspension or debarment (see 2 CFR parts 180 & 376 and 31 U.S.C. 3321). 28. MINORITY BUSINESS ENTERPRISE/WOMEN BUSINESS ENTERPRISE. HUD is committed to supporting minority and women’s small business growth and development. Subrecipient is reminded to follow the Procurement Standards required for all HUD’s Office of Community Planning Exhibit A to Marana Resolution No. 2023-015 Marana Town Council Regular Meeting February 21, 2023 Page 47 of 208 CT-CR-23-184 Page 15 of 18 and Development funded contract and subcontract activities as stated under 2 CFR §200.321, the pertinent provisions of which are incorporated herein by reference. For more information on required Procurement Standards and Procedures, please refer to 2 CFR § 200.321. 29. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPEMNT. Subrecipient agrees to comply with the prohibitions of 2 CFR §200.216, the pertinent provisions of which are incorporated herein by reference. 30. WHISTLEBLOWER ACT. Subrecipient shall comply with 41 U.S.C. 4712 (including prohibitions on reprisal; notice to employees). Grantee and Subrecipients must comply with, and are subject to, all applicable provisions of 41 U.S.C. 4712, including all applicable provisions that prohibit, under specified circumstances, discrimination against an employee as reprisal for the employee's disclosure of information related to gross mismanagement of a federal grant, a gross waste of federal funds, an abuse of authority relating to a federal grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal grant. 31. FALSE CLAIMS ACT (31 U.S.C. §§ 3729-3733). The Subawardee acknowledges that 31 U.S.C. Chapter 38 (Administrative Remedies for False Claims and Statements) applies to the Subawardee’s actions pertaining to this contract. A Grant Assurance is a Claim. A grant assurance in an application for federal funds or a grant progress report is a “claim” under the False Claims Act since representations made in the progress report trigger the payment of grant funds.    32. NO JOINT VENTURE. It is not intended by this Agreement to, and nothing contained in this Agreement shall be construed to, create any partnership, joint venture or employment relationship between the parties or create any employer-employee relationship between Subrecipient and any County employees, or between Subrecipient and any County employees. Neither party shall be liable for any debts, accounts, obligations or other liabilities whatsoever of the other, including (without limitation) the other party's obligation to withhold Social Security and income taxes for itself or any of its employees. 33. NO THIRD PARTY BENEFICIARIES. Nothing in the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not parties to this Agreement or affect the legal liability of either party to the Agreement by imposing any standard of care with respect to the maintenance of public facilities different from the standard of care imposed by law.   34. PROPERTY OF THE COUNTY. Subrecipient is not the agent of County for any purpose and will not purchase any materials, equipment or supplies on the credit of County. Any materials, including reports, computer programs and other deliverables, created under this Agreement are the sole property of County. Subrecipient is not entitled to a patent or copyright on those materials and may not transfer the patent or copyright to anyone else. Subrecipient will not use or release these materials without the prior written consent of County. 35. DISPOSAL OF PROPERTY. Termination of this Agreement will not relieve any party from liabilities or costs already incurred under this Agreement, nor affect any ownership of property pursuant to this Agreement. 36. COORDINATION WITH AWARDING AGENCY. On matters relating to the administration of this Agreement, County will be Subrecipient's contact with all Federal, State and local agencies that provide funding for this Agreement. Subrecipient’s contact in this regard will be: Joel Gastelum, 520-724-6750, joel.gastelum@pima.gov. 37. ACCOUNTABILITY. To the greatest extent permissible by law, County, and any authorized federal, state or local agency, including, but not limited to, the State of Arizona, HUD, and the Comptroller of the United States will at all reasonable times have the right of access to Subrecipient's facility, books, documents, papers, or other records which are pertinent to this Agreement, in order to make audits, examinations, excerpts and transcripts for the purpose of evaluating Subrecipient's performance and Exhibit A to Marana Resolution No. 2023-015 Marana Town Council Regular Meeting February 21, 2023 Page 48 of 208 CT-CR-23-184 Page 16 of 18 Subrecipient's compliance with this Agreement. This provision must be included in all contracts between Subrecipient and its subcontractors providing goods or services pursuant to this Agreement. Subrecipient will be responsible for subcontractors' compliance with this provision and for any disallowances or withholding of reimbursements resulting from noncompliance of said subcontractors with this provision. 38. PUBLIC INFORMATION. 38.1. Disclosure. Pursuant to Arizona Public Records law, A.R.S. § 39-121 et seq., and A.R.S. § 34- 603(H) in the case of construction or architectural and engineering services procured under A.R.S. Title 34, Chapter 6, all documents related to this Agreement, including, but not limited to pricing schedules, product specifications, work plans, and any supporting documents, are public records. As such, those documents are subject to release and/or review by the general public upon request, including competitors. 38.2. Records Marked Confidential; Notice and Protective Order. If Subrecipient reasonably believes that some of the records described in paragraph 33.1 above contain proprietary, trade-secret or otherwise-confidential information, Subrecipient must prominently mark those records “CONFIDENTIAL.” In the event that a public records request is submitted to County for records marked “CONFIDENTIAL,” County will notify Subrecipient of the request as soon as reasonably possible. County will release the records ten business days after the date of that notice unless Subrecipient has, within that period, secured an appropriate order from a court of competent jurisdiction, enjoining the release of the records. County will not, under any circumstances, be responsible for securing such an order, nor will County be in any way financially responsible for any costs associated with securing such an order. 39. ELIGIBILITY FOR PUBLIC BENEFITS. Subrecipient will comply with applicable provisions of A.R.S. §§1-501 and 1-502 regarding public benefits, and any Federal sponsoring agency requirements, which are hereby incorporated as provisions of this Agreement. 40. ISRAEL BOYCOTT CERTIFICATION. Pursuant to A.R.S. § 35-393.01, if Subrecipient engages in for-profit activity and has 10 or more employees, and if this Agreement has a value of $100,000.00 or more, Subrecipient certifies it is not currently engaged in, and agrees for the duration of this Agreement to not engage in, a boycott of goods or services from Israel. This certification does not apply to a boycott prohibited by 50 U.S.C. § 4842 or a regulation issued pursuant to 50 U.S.C. § 4842. 41. FORCED LABOR OF ETHNIC UYGHURS. Pursuant to A.R.S. § 35-394, if Contractor engages in for-profit activity and has 10 or more employees, Contractor certifies it is not currently using, and agrees for the duration of this Contract to not use (1) the forced labor of ethnic Uyghurs in the People’s Republic of China; (2) any goods or services produced by the forced labor of ethnic Uyghurs in the People’s Republic of China; and (3) any contractors, subcontractors or suppliers that use the forced labor or any goods or services produced by the forced labor of ethnic Uyghurs in the People’s Republic of China. If Contractor becomes aware during the term of the Contract that the Company is not in compliance with A.R.S. § 35-394, Contractor must notify the County within five business days and provide a written certification to County regarding compliance within one hundred eighty days. 42. LEGAL ARIZONA WORKERS ACT COMPLIANCE. 42.1. Compliance with Immigration Laws. Subrecipient hereby warrants that it will at all times during the term of this Agreement comply with all federal immigration laws applicable to Subrecipient’s employment of its employees, and with the requirements of A.R.S. § 23-214 (A) (together the “State and Federal Immigration Laws”). Subrecipient will further ensure that each subcontractor who performs any work for Subrecipient under this agreement likewise complies with the State and Federal Immigration Laws. Exhibit A to Marana Resolution No. 2023-015 Marana Town Council Regular Meeting February 21, 2023 Page 49 of 208 CT-CR-23-184 Page 17 of 18 42.2. Books and Records. County has the right at any time to inspect the books and records of Subrecipient and any subcontractor in order to verify such party’s compliance with the State and Federal Immigration Laws. 42.3. Remedies for Breach of Warranty. Any breach of Subrecipient’s, or any subcontractor’s warranty of compliance with the State and Federal Immigration Laws, or of any other provision of this Section 36, is a material breach of this Agreement subjecting Subrecipient to penalties up to and including suspension or termination of this Agreement. If the breach is by a subcontractor, and the subcontract is suspended or terminated as a result, Subrecipient will be required to take such steps as may be necessary to either self-perform the services that would have been provided under the subcontract or retain a replacement subcontractor, as soon as possible so as not to delay project completion. Any additional costs attributable directly or indirectly to such remedial action are the responsibility of Subrecipient. 42.4. Subcontractors. Subrecipient will advise each subcontractor of County’s rights, and the subcontractor’s obligations, under this Section 36 by including a provision in each subcontract substantially in the following form: “Subcontractor hereby warrants that it will at all times during the term of this contract comply with all federal immigration laws applicable to Subcontractor’s employees, and with the requirements of A.R.S. § 23-214 (A). Subcontractor further agrees that County may inspect the Subcontractor‘s books and records to insure that Subcontractor is in compliance with these requirements. Any breach of this paragraph by Subcontractor will be deemed to be a material breach of this contract subjecting Subcontractor to penalties up to and including suspension or termination of this contract.” 43. ENTIRE AGREEMENT. This document constitutes the entire agreement between the parties pertaining to the subject matter it addresses, and supersedes all prior or contemporaneous agreements and understandings, oral or written. No verbal agreements or conversations with any officer, agent or employee of County prior to or after the execution of this Agreement will affect or modify any of the terms or obligations contained in any documents comprising this Agreement. Any such verbal agreements are unofficial information and in no way binding upon County. SIGNATURE PAGE TO FOLLOW Exhibit A to Marana Resolution No. 2023-015 Marana Town Council Regular Meeting February 21, 2023 Page 50 of 208 CT-CR-23-184 Page 18 of 18 THIS AGREEMENT MAY BE SIGNED IN COUNTERPARTS PIMA COUNTY _______________________________________ Chair, Board of Supervisors Date: _____________________ ATTEST: ______________________________________ Clerk of the Board Date APPROVED AS TO CONTENT: ______________________________________ Director, Department of Community and Workforce Development TOWN OF MARANA ______________________________________ Mayor, Town of Marana Date: ____________________ ATTEST: ______________________________________ City Clerk Date The foregoing Intergovernmental Agreement between Pima County and the Town of Marana has been reviewed pursuant to A.R.S. §11-952 by the undersigned Deputy County Attorney and the Town of Marana Attorney, who have determined that it is in proper form and is within the powers and authority granted under the laws of the State of Arizona to those parties to the Agreement represented by Pima County and the Town of Marana. PIMA COUNTY _________________________________ Deputy County Attorney TOWN OF MARANA _____________________________________ Town Attorney Exhibit A to Marana Resolution No. 2023-015 Marana Town Council Regular Meeting February 21, 2023 Page 51 of 208 CT-CR-23-184 Page 1 of 4 EXHIBIT A - SCOPE OF WORK 1. Program Title and Locations: Management and Implementation of the Town of Marana Community Development Block Grant Program (“the CDBG Program”) 2. Program Purpose. The Program will provide the following eligible CDBG activities for income-qualified persons and households in Marana, Arizona: 1) Program Administration; 2) Colonia Neighborhood Cleanup public service activities; and 3) Emergency Home Repair and Owner-Occupied Housing Rehabilitation. 3. Program Activities. Subrecipient shall comply with the 2022-2023 Annual Action Plan as follows: 3.1. Program Administration. Subrecipient shall provide eligible, general CDBG program administration functions and activities for the management and implementation of the CDBG program to the extent allowed under 24 CFR 570.206: 3.2. Colonia Neighborhood Cleanup. Pursuant to 24 CFR§570.201(e), Subrecipient shall select and identify neighborhoods where cleanup activities will take place. For each area selected, Subrecipient shall: 3.2.1. Reach out to community representatives and groups to identify specific community cleanup needs; 3.2.2. Complete a thorough needs assessment for each suggested community cleanup activity; 3.2.3. Organize and hold or attend established community meetings to organize and plan cleanups as appropriate; 3.2.4. Conduct cleanup activities; and 3.2.5. Provide addressing for homes as needed. 3.2.6. Procure, by competitive bidding and quotes, required materials, supplies and services to conduct community cleanup activities, including, but not limited to roll-off dumpsters; heavy equipment rental or operations costs, e.g., backhoes, front loaders, skid steers, and augers; trailers; safety equipment (including Personal Protective Equipment) for workers and volunteers; hand and power tools; t-shirts; and, marketing flyers and posters promoting the project. 3.3. Eligible Emergency Home Repair and Owner-Occupied Housing Rehabilitation. Pursuant to 24 CFR §570.202, Subrecipient shall rank eligible applicants based on severity of health and safety issues in the home and give priority to applicants most in need with special consideration given to households with persons age 60 or older, disabled persons, or with children 6 years of age and younger. Subrecipient shall also prepare a written scope of work of home repairs, adaptive construction, and safety hardware work that Subrecipient will complete. In addition, Subrecipient shall complete an Environmental Review Record (ERR) for each home scheduled to be assisted and submit this ERR to County for review and approval. County must approve the ERR before Subrecipient may commit funds or carry out work on a home. On conventional (site-built) homes constructed prior to 1978, Subrecipient shall comply with HUD’s Lead Safe Housing Rule (24 CFR Part 35) as follows. 3.3.1. Provide the applicant with the U.S. Environmental Protection Agency’s “The Lead-Safe Certified Guide to Renovate Right” brochure (www.cpsc.gov/s3fs- public/renovateright.pdf); 3.3.2. Secure a signed acknowledgement from applicant confirming receipt of the brochure noted in 3.3.1. This acknowledgment must be retained in the client file. Exhibit A to Marana Resolution No. 2023-015 Marana Town Council Regular Meeting February 21, 2023 Page 52 of 208 CT-CR-23-184 Page 2 of 4 3.4. Client Files. Subrecipient shall create a file for, and in accordance with Section 24.0, three years after the final quarterly report is submitted post termination of this Agreement. Each file must contain: 3.4.1. Client’s application and program eligibility documentation 3.4.2. Copies of all agreements and authorizations obtained from applicant; 3.4.3. Records of disbursements made for work approved and completed; 3.4.4. Copies of onsite inspections by Subrecipient or designated rehabilitation specialists, approvals of rehabilitation work, the final inspection, and client sign-off; 3.4.5. Completed ERR signed and dated by County; 3.4.6. Contractor(s) certifications; 3.4.7. Signed lead acknowledgement, if required under paragraph 3.3.1; and 3.4.8. Signed client acceptance of completed work. 3.5. Procurement. Subrecipient shall procure, by competitive quotes (1) eligible professional and outside services, as needed; and (2) materials and supplies for emergency home repair, adaptive construction, and safety hardware including, but not limited to plumbing; heating and cooling; electrical; flooring; exterior (roofing, windows, doors); accessibility/safety hardware; and required lead mitigation activities. All procurement shall be done in compliance with the Procurement Standards at 2 CFR 200.317-327 3.6. Applicant Eligibility. Subrecipient shall verify eligibility of applicants. Each household receiving assistance under this program must meet all of the following criteria: 3.6.1. Each applicant must live within the corporate limits of the Town of Marana and must have a household income at or below most current measure 80% Area Median Income (AMI). Each applicant must also intend to live in the home for at least 12 months from the date of work completion and acceptance recorded on client sign-off. In addition, each applicant must agree to not sell the home for at least 12 months from the date of work completion and acceptance recorded on client sign-off. 3.6.2. Each applicant must be the owner-occupant of a conventional home, legally affixed manufactured home or non-affixed manufactured home located in Pima County. 3.6.2.1. The following proof of ownership is required for a conventional (site built) home: (1) a copy of recorded Property Deed; or (2) a copy of Pima County Assessor’s Office property record or a copy of Pima County Treasurer’s Office tax record indicating taxation Property Type of Real Property. 3.6.2.2. The following proof of ownership is required for a legally affixed manufactured home: (1) a copy of recorded Property Deed or recorded Affidavit of Affixture; or (2) a copy of Pima County Assessor’s Office property record or a copy of Pima County Treasurer’s Office tax record indicating taxation Property Type of Real Property. 3.6.2.3. The following proof of ownership is required for a non-affixed manufactured home: (1) a current and valid copy of the home title from the Arizona Department of Transportation Motor Vehicle Division; or (2) a copy of a Pima County Treasurer’s Office record noting taxation as Personal Property in owner-occupants name for the physical address and showing manufactured home year and make or model. 3.6.2.3.1. If the applicant is seeking repairs of a non-affixed manufactured home, the home must be installed on a slab, wall, pier or other foundation or anchoring system; have towing hitch, wheels and axles removed; and be connected to utilities. For non-affixed manufactured homes that meet this criteria, Subrecipient must attain written acknowledgement from owner-occupant Exhibit A to Marana Resolution No. 2023-015 Marana Town Council Regular Meeting February 21, 2023 Page 53 of 208 CT-CR-23-184 Page 3 of 4 that “any improvements made through the Program(s) will be to the home structure only and not the lot, space, or land on which it sits.” 3.6.3. If a household is located in a Federal Emergency Management Agency (FEMA) Special Flood Hazard Area, the applicant must have and provide proof of current and valid flood insurance. Subrecipient may not proceed with work under the Program if the applicant does not have flood insurance in Special Food Hazard Areas (a Special Flood Hazard Area is any that FEMA has not designated as Zone X, X Shaded, or D). 4. COVID-19 Restrictions. Subrecipient shall provide all in-person and group program services in compliance with Centers for Disease Control and Prevention (“CDC”), State, and County guidelines for operating during the Coronavirus COVID-19 pandemic. If Subrecipient’s performance of the services must be modified or curtailed to comply with public health restrictions related to COVID-19, Subrecipient must immediately report the situation to County. County and Subrecipient will confer at least monthly to determine appropriate performance requirements and activities until services can be resumed in full. 5. Project goal/predicted outcomes: The Program will create viable communities that meet the needs of low- and moderate-income individuals and households through CDBG activities that promote decent housing, suitable living environments and expanded economic opportunities. Individuals and households will have new or improved access to public services and receive critical home repair services. 6. Public benefit – CDBG National Objective and Eligible Activity. Upon completion, the Town of Marana CDBG Program will meet the HUD CDBG National Objective to assist low- and moderate- income persons and households. 7. Metrics available to measure performance. 7.1. Subrecipient will complete fourteen neighborhood cleanups in Colonia communities; and 7.2. Subrecipient will provide four low- to moderate-income households with emergency home repair or owner-occupied housing rehabilitation to that address livability, safety, and accessibility needs. 8. Reports. Subrecipient will provide quarterly reports to County for submission to HUD on County’s web-based application system at www.zoomgrants.com. The reports shall include, but are not limited to, the following: 8.1. An accomplishment narrative describing program successes and challenges; 8.2. Number of owner occupied or emergency home repairs, adaptive davis, and safety hardware installation projects completed including the full address of each home; 8.3. Household income calculated and identified by appropriate cohort per household to include the number of (1) Extremely Low Income, at or below 30% Area Median Income (“AMI”); (2) Low Income, at or below 50% AMI; or (3) Moderate Income, at or below 80% AMI. 8.4. Racial and Ethnic information of applicant or head of household, only. 8.5. Number of Female-headed households assisted. 8.6. Number of clients 62 years of age or older assisted. 8.7. Number of disabled clients assisted. 8.8. Lead paint requirements, as applicable, but not limited to housing units constructed before 1978; exempt housing units constructed 1978 or later; exempt due to hard costs ≤$5,000.00; units that are otherwise exempt; and 8.9. Lead hazard remediation actions, including: Lead Hazard Work Practices under 24 CFR §35.930(b), (hard costs ≤ $5,000); Interim Controls or Standard Practices under 24 CFR Exhibit A to Marana Resolution No. 2023-015 Marana Town Council Regular Meeting February 21, 2023 Page 54 of 208 CT-CR-23-184 Page 4 of 4 §35.930(c), (hard costs $5,000 - $25,000); or Abatement under 24 CFR §35.930(d), (hard costs > $25,000). 8.10. Number of persons benefiting from neighborhood cleanup activities. 8.11. The quarterly reports must be submitted on: January 15; April 15; July 15; and October 15. 8.12. All reporting provisions will survive the termination of this Agreement. 9. Budget. County will pay Subrecipient as follows: 9.1. Agency has elected not to take indirect costs. Administration Colonia Neighborhood Cleanup Emergency Home Repair Owner Occupied Home Repair TOTAL Adjusted Direct Cost Indirect Cost (0%) Personnel $9,100.00 $2,750.00 $3,700.00 $3,700.00 $19,250.00 $19,250.00 $0.00 Fringe $3,900.00 $1,250.00 $1,740.00 $1,740.00 $8,630.00 $8,630.00 $0.00 Materials & Supplies $0.00 $1,000.00 $2,176.00 $6,530.00 $9,706.00 $9,706.00 $0.00 Travel $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Professional/ Outside Services $0.00 $5,000.00 $10,884.00 $6,530.00 $22,414.00 $22,414.00 $0.00 Total Direct Costs $60,000.00 Modified Total Direct Costs (MTDC) $37,586.00 Indirect Costs $0.00 TOTAL BUDGET (Total Direct Costs + Total Indirect Costs) $60,000.00 END OF EXHIBIT A Exhibit A to Marana Resolution No. 2023-015 Marana Town Council Regular Meeting February 21, 2023 Page 55 of 208      Council-Regular Meeting   C2        Meeting Date:02/21/2023   To:Mayor and Council From:Laine McDonald, Town Magistrate Date:February 21, 2023 Strategic Plan Focus Area: Not Applicable Subject:Resolution No. 2023-016: Relating to Municipal Court; approving the appointment of Eva Bacal and Stuart de Haan as magistrates pro tempore for the Marana Municipal Court (Laine McDonald) Discussion: The Marana Town Code provides that the Town Council may appoint special magistrates or acting magistrates, also known as 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 McDonald has adopted procedures for the appointment of part-time and temporary magistrates pro tempore, consistent with Section 1-305 of the Arizona Code of Judicial Conduct. Judge McDonald recommends that additional pro tem judges be appointed to ensure full court coverage.  As a result, Judge McDonald conducted an open process calling for applications for the position.  After review of those applications, Judge McDonald now recommends that the Council appoint Eva Bacal and Stuart de Haan as additional magistrates pro tempore, to be used as-needed when Judge McDonald is unavailable for court. Based on Judge McDonald's review, these applicants meet the qualifications imposed by Arizona law and the Court's requirements for service as a judge pro tempore, and possess the requisite skill and character to perform the duties of a judge pro tempore. Marana Town Council Regular Meeting February 21, 2023 Page 56 of 208 Staff Recommendation: Staff recommends appointment of Eva Bacal and Stuart de Haan as magistrates pro tempore. Suggested Motion: I move to adopt Resolution No. 2023-016, approving the appointment of Eva Bacal and Stuart de Haan as magistrates pro tempore. Attachments Resolution No. 2023-016 Marana Town Council Regular Meeting February 21, 2023 Page 57 of 208 - 1 - MARANA RESOLUTION NO. 2023-016 RELATING TO MUNICIPAL COURT; APPROVING THE APPOINTMENT OF EVA BACAL AND STUART DE HAAN 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 tempore, for the purposes of hearing a particular case or acting as the Town Magistrate in the Town Magistrate’s ab- sence; and WHEREAS the Town Council, upon recommendation of the Town Magistrate, the Honora- ble Laine McDonald, 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 consistent with Section 1-305 of the Arizona Code of Judicial Conduct Judge McDonald has adopted procedures for appointment of part-time and temporary magistrates pro tem- pore of 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 Eva Bacal and Stuart de Haan to serve as magistrates pro tempore on an as-needed basis; and WHEREAS the Town Council finds that these individuals meet the qualifications imposed by Arizona law and possess the requisite skill and character to perform as magistrate pro tempore. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA that Eva Bacal and Stuart de Haan are hereby appointed to serve as magistrates pro tempore for the Marana Municipal Court on an as-needed basis, effective Febru- ary 21, 2023 through September 30, 2023. Marana Town Council Regular Meeting February 21, 2023 Page 58 of 208 - 2 - PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 21st day of February, 2023. Mayor Ed Honea ATTEST: David L. Udall, Town Clerk APPROVED AS TO FORM: Jane Fairall, Town Attorney Marana Town Council Regular Meeting February 21, 2023 Page 59 of 208      Council-Regular Meeting   C3        Meeting Date:02/21/2023   To:Mayor and Council From:Jane Fairall, Town Attorney Date:February 21, 2023 Strategic Plan Focus Area: Thriving Commerce,  Proactive Public Services Subject:Resolution No. 2023-017: Relating to Public Works; approving and authorizing the Mayor to sign a public improvement participation agreement with TKC Marana, LLC for the construction of water improvements as part of the Tangerine Road water main project (Jane Fairall) Discussion: TKC Marana, LLC ("TKC") owns approximately 15.8 acres of land located southeast of the Interstate 10 and Tangerine Road traffic interchange (the “Subject Property”). TKC intends to construct a Maverik convenience store with fuel sales on the Subject Property, for which TKC needs certain water improvements (the “Water Improvements”). The Town of Marana has entered into a design contract with Psomas, Inc. (“Psomas”) for the design of the Tangerine Road widening project Phase 2A, Town of Marana Project No. ST098 (the “Road Project”). Additionally, Marana has selected Borderland Construction Company, Inc. (“Borderland”) as the Construction Manager at Risk (“CMAR”) for the Road Project. As a part of the Road Project, Marana will also construct a water main, Town of Marana Project No. WT053 (the “Water Main Project”). Psomas and Borderland are the design professional and CMAR, respectively, for the Water Main Project as well. TKC has requested that the Town build the Water Improvements as a part of its Water Main Project, with TKC being responsible for all design and construction costs. The proposed public improvement participation agreement ("PIPA") provides that TKC shall deposit with the Town the full anticipated costs of design and construction of the Water Improvements ($213,025.95) in order for the Town to complete the Water Improvements for TKC.  No later than 30 days after substantial completion of the Marana Town Council Regular Meeting February 21, 2023 Page 60 of 208 Improvements for TKC.  No later than 30 days after substantial completion of the Water Improvements, the Town will provide to TKC an itemized statement of the Town's construction and design costs for the Water Improvements and a check or invoice representing the difference between Marana’s costs and TKC’s cash deposit. If TKC’s cash deposit was insufficient to cover TKC’s obligations under this Agreement, TKC will pay Marana the balance of the construction and design costs for the Water Improvements as set forth in the invoice within 30 days after the itemized statement and invoice are provided to TKC. Any amounts unpaid after 30 days shall accrue simple interest at the rate of 10% per year until paid in full. Construction of the Water Improvements is expected to begin by March 2023 and be completed by May 2023. Financial Impact: No financial impact to the Town is anticipated due to this agreement, as TKC Marana, LLC will pay for all costs associated with the Water Improvements. Staff Recommendation: Staff recommends approval of the agreement. Suggested Motion: I move to adopt Resolution No. 2023-017, approving and authorizing the Mayor to execute a Public Improvement Participation Agreement with TKC Marana, LLC for the construction of the water improvements as part of the Tangerine Road water main project. Attachments Resolution No. 2023-017 Maverik PIPA Marana Town Council Regular Meeting February 21, 2023 Page 61 of 208 00086372.DOCX /1 Resolution No. 2023-017 - 1 - MARANA RESOLUTION NO. 2023-017 RELATING TO PUBLIC WORKS; APPROVING AND AUTHORIZING THE MAYOR TO SIGN A PUBLIC IMPROVEMENT PARTICIPATION AGREEMENT WITH TKC MARANA, LLC FOR THE CONSTRUCTION OF WATER IMPROVEMENTS AS PART OF THE TANGERINE ROAD WATER MAIN PROJECT WHEREAS the Town has entered into a design contract with Psomas, Inc. (“Psomas”) for the design of the Tangerine Road widening project Phase 2A, Town of Marana Project No. ST098 (the “Road Project”), and has selected Borderland Construction Company, Inc. (“Borderland”) as the Construction Manager at Risk (“CMAR”) for the Road Project; and WHEREAS as a part of the Road Project, the Town will also construct a water main, Town of Marana Project No. WT053 (the “Water Main Project”) and Psomas and Borderland are the design professional and CMAR, respectively, for the Water Main Project as well; and WHEREAS TKC Marana, LLC (“TKC”) owns approximately 15.8 acres of land located southeast of the Interstate 10 and Tangerine Road traffic interchange bearing Pima County Assessor’s Parcel numbers 218-49-006D and 218-49-007D (the “Subject Property”); and WHEREAS TKC intends to construct a Maverik convenience store with fuel sales on the Subject Property, for which TKC needs certain water improvements (the “Water Improvements”); and WHEREAS Town staff has negotiated an agreement with TKC to assure payment of all costs associated with the construction of the Water Improvements as part of the Water Main Project; and WHEREAS the Mayor and Council of the Town of Marana feel it is in the best interests of the citizens of Marana to enter into the public improvement participation agreement for the construction of the Water Improvements as part of the Water Main Project. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, that the public improvement participation agreement with TKC Marana, LLC for the construction of the Water Improvements as part of the Water Marana Town Council Regular Meeting February 21, 2023 Page 62 of 208 00086372.DOCX /1 Resolution No. 2023-017 - 2 - Main Project, in the form provided in the agenda materials associated with this Council agenda item, is hereby approved, and the Mayor is authorized to sign it for and on behalf of the Town of Marana. IT IS FURTHER RESOLVED that the Town Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, conditions and objectives of the agreement. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 21st day of February, 2023. Mayor Ed Honea ATTEST: David L. Udall, Town Clerk APPROVED AS TO FORM: Jane Fairall, Town Attorney Marana Town Council Regular Meeting February 21, 2023 Page 63 of 208 Marana Town Council Regular Meeting February 21, 2023 Page 64 of 208 Marana Town Council Regular Meeting February 21, 2023 Page 65 of 208 Marana Town Council Regular Meeting February 21, 2023 Page 66 of 208 Marana Town Council Regular Meeting February 21, 2023 Page 67 of 208 CONSTRUCTION MANAGER AT-RISK (CMAR) - PRE-CONSTRUCTION SERVICES AMOUNT $ 143,789.54 $ 4,313.68 $ 148,103.22 $ 18,350.62 $ 13,382.89 $ 552.90 $ 1,486.04 $ 33,772.45 $ 181,875.67 $ 12,408.73 $ 194,284.40 $ 12,754.77 $ 207,039.17 $ 4,140.78 $ 211,179.95 For supporting documentation - see also: Attachment #1 - Schedule of Values PIPA - COST SUMMARY OTHER PROJECT COSTS: IX. Owner's Contingency SUBTOTAL (Direct Cons. Cost + Gen Cond + Overhead + Insurance + Bonds + Fee) VIII. Arizona Gross Receipts Tax CONSTRUCTION COSTS: I. Cost of Construction II. CMAR Contingency SUBTOTAL (Direct Construction Cost) INDIRECT CONSTRUCTION COSTS: VI. Payment and Performance Bonds ESTIMATED TOTAL CONTRACT COST CONSTRUCTION Water & Water Reclamation Town of Marana Marana Project Number: WT053 Updated: February 2, 2023 TANGERINE RD 16-INCH X-ZONE TRANSMISSION MAIN (PHASE 1 & PHASE 2 - MAVERIK REIMBURSEMENT ITEMS ONLY) SUBTOTAL (Direct Construction Cost + Indirect Construction Cost) ESTIMATED TOTAL CMAR COST (Future Anticipated GMP Amount) III. General Conditions IV. Overhead VII. Construction Fee V. General Liability Insurance SUBTOTAL (Indirect Construction Cost) WT053 - 16" Transmission Main CMAR Pre-Construction Services PIPA SUMMARY Page 1 of 5 Exhibit A to Public Improvement Participation Agreement Marana Town Council Regular Meeting February 21, 2023 Page 68 of 208 CONSTRUCTION MANAGER AT-RISK (CMAR) - PRE-CONSTRUCTION SERVICES Line No. Item No.Item Description Unit Quantity Unit Cost Extended Amount 1 - 2 - 3 - 4 1060000 Contractor Quality Control (Compaction Testing)AL 1.00 $ 2,500.00 $ 2,500.00 5 2020029 Removal Of Bituminous Pavement SY 26.00 $ 13.55 $ 352.30 6 4060011 Pavement Patch (SD-650) (Type 2) (6" RAP ABC, 4" PAG#1 W/RAP)SY 26.00 $ 126.29 $ 3,283.54 7 5101108A Potable Water Pipe, DI, 8" (CL 350) (Material Buy Only)LF 180.00 $ 57.48 $ 10,346.40 8 5101108B Potable Water Pipe, DI, 8" (CL 350) (Installation Only)LF 180.00 $ 89.13 $ 16,043.40 9 5102208A Potable Water, Gate Valve, 8" (Box & Cover) (Material Buy Only)EA 2.00 $ 2,000.00 $ 4,000.00 10 5102208B Potable Water, Gate Valve, 8" (Box & Cover) (Installation Only)EA 2.00 $ 632.69 $ 1,265.38 11 5102216A Potable Water, Gate Valve, 16" (Box & Cover) (Material Buy Only)EA 1.00 $ 9,075.00 $ 9,075.00 12 5102216B Potable Water, Gate Valve, 16" (Box & Cover) (Installation Only)EA 1.00 $ 1,064.69 $ 1,064.69 13 5102802A Potable Water, Modified Drain Valve Assembly (Material Buy Only)EA 1.00 $ 2,000.00 $ 2,000.00 14 5102802B Potable Water, Modified Drain Valve Assembly (Installation Only)EA 1.00 $ 1,514.00 $ 1,514.00 15 7010005 Temporary Traffic Control LS 1.00 $ 5,050.00 $ 5,050.00 16 7010100 Provide Detours (Temporary Shoulder Widening - Traffic Maintained On Compacted Millings) EA 1.00 $ 7,261.52 $ 7,261.52 17 9010001 Mobilization LS 1.00 $ 5,824.50 $ 5,824.50 18 9250001 Construction Survey And Layout AL 1.00 $ 2,500.00 $ 2,500.00 ATTACHMENT #1 - SCHEDULE OF VALUES TANGERINE RD 16-INCH X-ZONE TRANSMISSION MAIN (PHASE 1 & PHASE 2 - MAVERIK REIMBURSEMENT ITEMS ONLY) Updated: February 2, 2023 I. COST OF CONSTRUCTION - LINE ITEMS MAVERIK 8" WATER LATERAL (Sta.449+90.96) PHASE 1 - WATERLINE WT053 - 16" Transmission Main CMAR Pre-Construction Services Att #1-Schedule of Values Page 2 of 5 Exhibit A to Public Improvement Participation Agreement Marana Town Council Regular Meeting February 21, 2023 Page 69 of 208 CONSTRUCTION MANAGER AT-RISK (CMAR) - PRE-CONSTRUCTION SERVICES Line No. Item No.Item Description Unit Quantity Unit Cost Extended Amount ATTACHMENT #1 - SCHEDULE OF VALUES TANGERINE RD 16-INCH X-ZONE TRANSMISSION MAIN (PHASE 1 & PHASE 2 - MAVERIK REIMBURSEMENT ITEMS ONLY) Updated: February 2, 2023 19 - $ - 20 - $ - 21 1060000 Contractor Quality Control (Compaction Testing)AL 1.00 $ 2,500.00 $ 2,500.00 22 2020029 Removal Of Bituminous Pavement SY 18.00 $ 12.81 $ 230.58 23 4060011 Pavement Patch (SD-650) (Type 2) (6" RAP ABC, 4" PAG#1 W/RAP)SY 18.00 $ 177.59 $ 3,196.62 24 5101108A Potable Water Pipe, DI, 8" (CL 350) (Material Buy Only)LF 178.00 $ 58.12 $ 10,345.36 25 5101108B Potable Water Pipe, DI, 8" (CL 350) (Installation Only)LF 178.00 $ 89.22 $ 15,881.16 26 5102208A Potable Water, Gate Valve, 8" (Box & Cover) (Material Buy Only)EA 2.00 $ 2,000.00 $ 4,000.00 27 5102208B Potable Water, Gate Valve, 8" (Box & Cover) (Installation Only)EA 2.00 $ 632.69 $ 1,265.38 28 5102216A Potable Water, Gate Valve, 16" (Box & Cover) (Material Buy Only)EA 1.00 $ 9,075.00 $ 9,075.00 29 5102216B Potable Water, Gate Valve, 16" (Box & Cover) (Installation Only)EA 1.00 $ 1,064.69 $ 1,064.69 30 5102802A Potable Water, Modified Drain Valve Assembly (Material Buy Only)EA 1.00 $ 2,000.00 $ 2,000.00 31 5102802B Potable Water, Modified Drain Valve Assembly (Installation Only)EA 1.00 $ 1,514.00 $ 1,514.00 32 7010005 Temporary Traffic Control LS 1.00 $ 5,050.00 $ 5,050.00 33 7010100 Provide Detours (Temporary Shoulder Widening - Traffic Maintained On Compacted Millings) EA 1.00 $ 7,261.52 $ 7,261.52 34 9010001 Mobilization LS 1.00 $ 5,824.50 $ 5,824.50 35 9250001 Construction Survey And Layout AL 1.00 $ 2,500.00 $ 2,500.00 36 - $ 143,789.54 COST OF CONSTRUCTION - LINE ITEMS SUBTOTAL MAVERIK 8" WATER LATERAL (Sta.452+64.49) PHASE 2 - WATERLINE WT053 - 16" Transmission Main CMAR Pre-Construction Services Att #1-Schedule of Values Page 3 of 5 Exhibit A to Public Improvement Participation Agreement Marana Town Council Regular Meeting February 21, 2023 Page 70 of 208 CONSTRUCTION MANAGER AT-RISK (CMAR) - PRE-CONSTRUCTION SERVICES Line No. Item No.Item Description Unit Quantity Unit Cost Extended Amount ATTACHMENT #1 - SCHEDULE OF VALUES TANGERINE RD 16-INCH X-ZONE TRANSMISSION MAIN (PHASE 1 & PHASE 2 - MAVERIK REIMBURSEMENT ITEMS ONLY) Updated: February 2, 2023 37 - 38 - 39 299.002 UNFORESEEN CONDITIONS (3% OF MAVERIK COST OF CONS.)LS 1.00 $ 2,162.42 $ 2,162.42 40 - 41 299.003 UNFORESEEN CONDITIONS (3% OF MAVERIK COST OF CONS.)LS 1.00 $ 2,151.26 $ 2,151.26 42 299.100 $ 4,313.68 43 - $ 148,103.22 44 - 45 - 46 - 47 - 48 300.001 FIELD ENGINEER WK 0.00 $ 2,304.00 $ - 49 300.002 SUPERINTENDENT (1/4 TIME)WK 0.50 $ 4,350.00 $ 2,175.00 50 300.003 SMALL TOOLS/GPS WK 1.00 $ 500.00 $ 500.00 51 300.004 PORTABLE RESTROOMS MO 1.00 $ 500.00 $ 500.00 52 300.005 TRASH DUMPSTER MO 1.00 $ 750.00 $ 750.00 53 300.006 STORAGE CONTAINER MO 1.00 $ 300.00 $ 300.00 54 300.007 TEMPORARY STAGING/ MATERIAL STORAGE YARD LS 0.50 $ 5,412.80 $ 2,706.40 55 300.008 PERMIT ALLOWANCE (AIR QUALITY/SWPPP/ROW/ETC.)LS 1.00 $ 2,500.00 $ 2,500.00 56 - 57 - 58 300.001 FIELD ENGINEER WK 0.00 $ 2,304.00 $ - 59 300.002 SUPERINTENDENT (1/4 TIME)WK 0.50 $ 4,350.00 $ 2,175.00 60 300.003 SMALL TOOLS/GPS WK 1.00 $ 500.00 $ 500.00 61 300.004 PORTABLE RESTROOMS MO 1.00 $ 500.00 $ 500.00 62 300.005 TRASH DUMPSTER MO 1.00 $ 750.00 $ 750.00 63 300.006 STORAGE CONTAINER MO 1.00 $ 300.00 $ 300.00 64 300.007 TEMPORARY STAGING/ MATERIAL STORAGE YARD LS 0.33 $ 6,649.16 $ 2,194.22 65 300.008 PERMIT ALLOWANCE (AIR QUALITY/SWPPP/ROW/ETC.)LS 1.00 $ 2,500.00 $ 2,500.00 66 300.100 $ 18,350.62 SUBTOTAL A. (DIRECT CONSTRUCTION COSTS) CMAR CONTINGENCY - LINE ITEMS SUBTOTAL II. CMAR CONTINGENCY PHASE 1 - WATERLINE PHASE 2 - WATERLINE INDIRECT CONSTRUCTION COSTS III. GENERAL CONDITIONS SUBTOTAL B. (III. GENERAL CONDITIONS) MAVERIK 8" WATER LATERAL (Sta.449+90.96) MAVERIK 8" WATER LATERAL (Sta.452+64.49) PHASE 1 - WATERLINE PHASE 2 - WATERLINE WT053 - 16" Transmission Main CMAR Pre-Construction Services Att #1-Schedule of Values Page 4 of 5 Exhibit A to Public Improvement Participation Agreement Marana Town Council Regular Meeting February 21, 2023 Page 71 of 208 CONSTRUCTION MANAGER AT-RISK (CMAR) - PRE-CONSTRUCTION SERVICES Line No. Item No.Item Description Unit Quantity Unit Cost Extended Amount ATTACHMENT #1 - SCHEDULE OF VALUES TANGERINE RD 16-INCH X-ZONE TRANSMISSION MAIN (PHASE 1 & PHASE 2 - MAVERIK REIMBURSEMENT ITEMS ONLY) Updated: February 2, 2023 67 - $ 166,453.84 68 400.100 IV. CMAR OVERHEAD (8.04% of Subtotal C)LS 1.00 $ 13,382.89 $ 13,382.89 69 - $ 179,836.73 70 700.100 VII. CONSTRUCTION FEE (6.90% of Subtotal D)LS 1.00 $ 12,408.73 $ 12,408.73 71 500.100 V.a. GENERAL LIABILITY INSURANCE (0.2876% of Subtotal D + VIII + V)LS 1.00 $ 552.90 $ 552.90 72 600.100 VI. PAYMENT & PERFORMANCE BONDS LS 1.00 $ 1,486.04 $ 1,486.04 73 - $ 194,284.40 74 800.100 $ 12,754.77 75 - $ 207,039.17 76 - 77 900.001 OWNER-DIRECTED CHANGES AND/OR UNFORESEEN SITE CONDITIONS (2% OF ANTICIPATED GMP AMOUNT) LS 1.00 $ 4,140.78 $ 4,140.78 78 900.100 $ 4,140.78 79 $ 211,179.95 ESTIMATED TOTAL CONTRACT COST SUBTOTAL C. (DIRECT COSTS + GENERAL CONDITIONS) IX. OWNER'S CONTINGENCY SUBTOTAL D. (DIRECT COSTS + GENERAL CONDITIONS + OVERHEAD) SUBTOTAL E. (SUBTOTAL D + VIII + V + VI + VII) ESTIMATED TOTAL CMAR COST (Future Anticipated GMP Amount) SUBTOTAL F. (OWNER'S CONTINGENCY) VIII. TOWN OF MARANA SALES TAX (10.1% at 65% of Subtotal E) WT053 - 16" Transmission Main CMAR Pre-Construction Services Att #1-Schedule of Values Page 5 of 5 Exhibit A to Public Improvement Participation Agreement Marana Town Council Regular Meeting February 21, 2023 Page 72 of 208 01/26/2023 Tangerine Road 16-inch X-Zone Transmission Main Mandarina Blvd to Marana Tech Park Task Project Manager (Hours) PM Rate Project Engineer (Hours) PE Rate AMOUNT 1 $202.00 $202.00 12 $137.00 $1,644.00 $1,846.00 Plan Split for Maverick Phasing Total for Maverick T:\7TMA210204\ENGR\COST EST\Sealed Tangerine Water Main Ext_2023-01-06.xlsx Exhibit A to Public Improvement Participation Agreement Marana Town Council Regular Meeting February 21, 2023 Page 73 of 208 W5 W9LATERAL PLAN AND PROFILE - PHASE 1 TOWN OF MARANA - PROJECT NO. WT053 FOR TANGERINE RD 16-INCH X-ZONE MANDARINA BLVD TO MARANA TECH PARK FOR TRANSMISSION MAIN Exhibit B to Public Improvement Participation AgreementMarana Town Council Regular Meeting February 21, 2023Page 74 of 208 W13 W18LATERAL PLAN AND PROFILE - PHASE 2 TOWN OF MARANA - PROJECT NO. WT053 FOR TANGERINE RD 16-INCH X-ZONE MANDARINA BLVD TO MARANA TECH PARK FOR TRANSMISSION MAIN Exhibit B to Public Improvement Participation AgreementMarana Town Council Regular Meeting February 21, 2023Page 75 of 208      Council-Regular Meeting   C4        Meeting Date:02/21/2023   To:Mayor and Council From:David L. Udall, Town Clerk/Assistant Town Attorney Date:February 21, 2023 Subject:Approval of Regular Council Meeting Summary Minutes of February 7, 2023 (David L. Udall) Attachments Regular Council Meeting Summary Minutes, 02/07/2023 Marana Town Council Regular Meeting February 21, 2023 Page 76 of 208 Council Regular Meeting Summary Minutes February 7, 2023 Page 1 of 6 MARANA TOWN COUNCIL REGULAR COUNCIL MEETING 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, February 7, 2023, at or after 6:00 PM Ed Honea, Mayor Jon Post, Vice Mayor Patti Comerford, Council Member Jackie Craig, 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 6:01 PM and directed the Town Clerk to call the roll. Council Member Kai was absent. All other Council Members were present, constituting a quorum. PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE: Led by Mayor Honea. APPROVAL OF AGENDA Council Member Ziegler moved to approve the agenda as presented. Council Member Officer seconded the motion. Motion passed, 6-0. CALL TO THE PUBLIC Marana Town Council Regular Meeting February 21, 2023 Page 77 of 208 Council Regular Meeting Summary Minutes February 7, 2023 Page 2 of 6 Ms. Denise Crandall, a member of the Marana Veteran’s Club, addressed the Council and highlighted the work of the Club. PROCLAMATIONS MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS Council Member Comerford commented on the completed construction work on Silverbell Road and Ina Road. She also complemented the ongoing work at Silverbell and Cortaro Road. Mayor Honea attended the Arizona Association for Economic Development luncheon and a prayer breakfast. He also attended the Arizona League of Cities and Towns meeting on February 3, 2023 and had lunch with Triadvocates representatives. Council Member Ziegler thanked those involved with the clean-up efforts along Interstate 10. MANAGER’S REPORT: SUMMARY OF CURRENT EVENT Town Manager Terry Rozema said the Town received 27 single family residential permits for the Month of January. He reminded the Council about the Concerts in the Courtyard event on February 16, 2023. Mr. Rozema said the Parks and Recreation Department was partnering with Northwest Fire District to provide safety training related to outdoor activities. He also highlighted the completed shared-use path near the Amazon facility, the clean-up efforts along Interstate 10, and an upcoming Real Talk with the Town podcast. PRESENTATIONS P1 Relating to Budget; presentation of independent auditor's report and final results for the 2021-2022 fiscal year (Yiannis Kalaitzidis) Finance Director Yiannis Kalaitzidis introduced this item and introduced the Town’s auditor, Mr. Brian Hemmerly with Baker Tilly. Mr. Kalaitzidis thanked Town staff involved in the audit. A copy of the PowerPoint presentation is on file with the Town Clerk’s Office. Mr. Hemmerly said the Town received an unmodified (clean) opinion on the following: the Town’s fiscal year 2021/2022 financial statements, the Town’s Report on Compliance and Marana Town Council Regular Meeting February 21, 2023 Page 78 of 208 Council Regular Meeting Summary Minutes February 7, 2023 Page 3 of 6 on Internal Control over Financial Reporting, and the Single Audit report. He also said the Town’s Annual Expenditure Limitation Report was timely issued to the Arizona State Auditor General. Mr. Hemmerly also showed several graphs highlighting the Town’s finances over time. CONSENT AGENDA C1 Ordinance No. 2023.003: Relating to Finance; temporarily waiving the fee required under Section 14-6-3(J) of the Marana Town Code for late payment of water rates, charges, or fees, beginning retroactively on January 1, 2023 and continuing until March 7, 2023 (Jing Luo) C2 Resolution No. 2023-010: Relating to Development; approving the final plat for Tortolita Mountain Estates, Lots 1-81, and Common Areas "A" (Drainage / Open Space) and "B" (Recreation) located north of Tangerine Road and east of Camino de Oeste within Section 31, Township 11 South and Range 13 East (Brian D. Varney) C3 Resolution No. 2023-011: Relating to Development; approving a final re-plat of The Preserve at Twin Peaks, Lots 44 through 46, generally located east of Camino de Manana and approximately a quarter mile north of Lambert Lane within Section 12, Township 12 South and Range 12 East (Brian D. Varney) C4 Resolution No. 2023-012: Relating to Water; approving and authorizing the Mayor to sign an Agreement for Construction of Water Facilities Under Private Contract with Tangerine 2021, LLC for Crossroads at Gladden (David L. Udall) C5 Resolution No. 2023-013: Relating to Water; approving and authorizing the Mayor to sign an Agreement for Construction of Water Facilities under Private Contract for Tortolita Mountain Estates, Lots 1-81 (David L. Udall) C6 Resolution No. 2023-014: Relating to the Water Department; approving and authorizing the submission of a grant application to the Bureau of Reclamation under the WaterSMART Grants: Water Recycling and Desalination Planning for Fiscal Year 2024 program and verifying certain information required under the program (Jing Luo) C7 Approval of Study Session Summary Minutes of January 10, 2023, Special Council Meeting Summary Minutes of January 11, 2023, and Regular Council Meeting Summary Minutes of January 17, 2023 (David L. Udall) Marana Town Council Regular Meeting February 21, 2023 Page 79 of 208 Council Regular Meeting Summary Minutes February 7, 2023 Page 4 of 6 Vice Mayor Post moved to approve the consent agenda. Council Member Ziegler seconded the motion. Motion passed, 6-0. LIQUOR LICENSES BOARDS, COMMISSIONS AND COMMITTEES COUNCIL ACTION ITEMS FOR DISCUSSION / POSSIBLE ACTION D1 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 on public and private projects and development applications in the Town, as currently listed on the following website: https://experience.arcgis.com/experience/9bcda179c412496a8be2a5af29727745/. During the presentation, Mr. Angell answered questions about the projects presented. D2 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 (Terry Rozema) Mr. Rozema explained that approximately 1,400 bill have been introduced. He highlighted the following bills: • HB 2019 (related to licensing permitting criteria). The Town opposes this bill because it requires the Town to complete permitting within 30 days or else rezoning is automatically granted. • SB 1012 (related to sober living home inspections). The Town has not weighed in on this bill yet because it currently does not allow the Town to do anything it cannot already do. • HB 1117 (related to as-of-right zoning). The Town opposes this bill because it will negatively and significantly impact the ability of the Town to plan its growth. • SB 1245 (related to vehicle licensing tax (VLT)). This bill would mandate that VLT monies be used for transportation purposes. Marana Town Council Regular Meeting February 21, 2023 Page 80 of 208 Council Regular Meeting Summary Minutes February 7, 2023 Page 5 of 6 Mr. Rozema also highlighted two law enforcement bills relating to police response time requirements (HB 2418) and prohibiting polygraph testing in hiring police officers (SB 1058). Mayor Honea commented on the devastating nature of HB 1117. He said he does not think it will get out of the Legislature and believes that if it does, the Governor will veto it. D3 Relating to Budget; discussion, direction, and possible action regarding development of the fiscal year 2023/2024 budget, including proposed budget initiatives and expenditures (Terry Rozema) Mr. Rozema introduced this item. Council Member Ziegler asked if the Town should put money in the budget to improve the dog park at Crossroads at Silverbell District Park. Mr. Rozema said it was something that could be looked at. 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). E2 Executive session pursuant to A.R.S. §38-431.03 (A)(3) and (4) for discussion or consultation with the Town’s attorneys and to instruct the Town’s representatives concerning the litigation entitled Southern Arizona Home Builders Association v. Town of Marana, Pima County Superior Court Case No. C20184411, Arizona Supreme Court Case No. CV-21-0211-PR. Council Member Ziegler moved to go into executive session on Item E2. Vice Mayor Post seconded the motion. Motion passed, 6-0. [An executive session was held on Item E2 beginning at approximately 6:35 PM and concluding at approximately 7:10 PM.] FUTURE AGENDA ITEMS Marana Town Council Regular Meeting February 21, 2023 Page 81 of 208 Council Regular Meeting Summary Minutes February 7, 2023 Page 6 of 6 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). Mayor Honea asked for future agenda items. There were no future agenda items. ADJOURNMENT Mayor Honea asked for a motion to adjourn the meeting. Vice Mayor Post moved to adjourn the meeting. Meeting adjourned at 7:11 PM. CERTIFICATION I hereby certify that the forgoing are the true and correct minutes of the Marana Town Council meeting held on February 7, 2023. I further certify that a quorum was present. ____________________________________ David L. Udall, Town Clerk Marana Town Council Regular Meeting February 21, 2023 Page 82 of 208      Council-Regular Meeting   B1        Meeting Date:02/21/2023   To:Mayor and Council Submitted For:Andrea Caicedo, Assistant to the Town Manager From:Andrea Caicedo, Assistant to the Town Manager Date:February 21, 2023 Strategic Plan Focus Area: Vibrant Community Strategic Plan Focus Area Additional Info: Focus Area 2: Vibrant Community Goal 5: Invite citizen involvement and deliver transparent and timely distribution of information through a variety of traditional and innovative platforms. Subject:Resolution No. 2023-018: Relating to Boards, Commissions and Committees; rescinding Marana Resolution No. 2011-100 and dissolving the Marana Citizens’ Forum (Andrea Caicedo) Discussion: On November 5, 2011, Council approved the creation of the Marana Citizens' Forum as a special committee of the Town to increase citizen engagement and foster community participation in Town functions and activities. Throughout the years, the Forum has been integral in providing citizen perspective on topics of critical importance to Marana. Although the current Marana Citizens' Forum structure has been effective, the Town is always striving to make the Forum a better tool for civic engagement. During the Strategic Plan Five planning process, a strategy was identified to revamp the Marana Citizens' Forum to increase program effectiveness and participation. In recent years, there have been challenges related to having a quorum, the topic selection process, and the implementation of the Forum's recommendations. During tonight's meeting, Town Staff will bring forth to the Town Council a new Marana Town Council Regular Meeting February 21, 2023 Page 83 of 208 iteration of the Marana Citizens' Forum for discussion and consideration. Town Council will have the opportunity to provide feedback before Staff finalizes the new format and brings it back to Council for approval at a future meeting.  Staff Recommendation: Staff recommends approval of this resolution.  Suggested Motion: I move to adopt Resolution No. 2023-018, rescinding Marana Resolution No. 2011-100 and dissolving the Marana Citizens’ Forum. Attachments Resolution No. 2023-018 Marana Town Council Regular Meeting February 21, 2023 Page 84 of 208 1 MARANA RESOLUTION NO. 2023-018 RELATING TO BOARDS, COMMISSIONS AND COMMITTEES; RESCINDING MARANA RESOLUTION NO. 2011-100 AND DISSOLVING THE MARANA CITIZENS’ FORUM WHEREAS Section 2-6-1(A) of the Marana Town Code authorizes the Town Council to create and dissolve those special and standing boards, commissions and committees as the Council deems necessary; and WHEREAS on November 15, 2011, the Town Council adopted Resolution No. 2011-100, creating the Marana Citizens’ Forum as a special committee of the Town of Marana, describing the powers, purposes and processes of the Forum, establishing the number and qualification of its membership, the terms of office of its members, and the application, recommendation, appointment and removal processes for Forum members; and WHEREAS on March 5, 2013, November 18, 2014, December 1, 2015, August 2, 2016, and August 6, 2019, the Town Council adopted revisions to the Forum process, including revising the number of members, the member terms of office, and the appointment, reappointment and removal procedures for Forum members; and WHEREAS citizen members of the Marana Citizens’ Forum have served well and faithfully over the years, but in recent years, there have been challenges related to having a quorum present for meetings, the topic selection process, and the implementation of the Forum's recommendations; and WHEREAS during the Strategic Plan Five planning process, a strategy was identified to revamp the Marana Citizens' Forum to increase program effectiveness and participation and Town staff intends to bring forward a new iteration of the Marana Citizens’ Forum to the Council; and WHEREAS the Town Council finds that dissolving the existing Marana Citizens’ Forum as addressed by this resolution is in the best interest of the Town. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, as follows: Marana Town Council Regular Meeting February 21, 2023 Page 85 of 208 2 SECTION 1. Marana Resolution No. 2011-100 is hereby rescinded and the sitting Marana Citizens’ Forum is hereby dissolved. 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 this resolution. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 21st day of February, 2023. Mayor Ed Honea ATTEST: David L. Udall, Town Clerk APPROVED AS TO FORM: Jane Fairall, Town Attorney Marana Town Council Regular Meeting February 21, 2023 Page 86 of 208      Council-Regular Meeting   B2        Meeting Date:02/21/2023   To:Mayor and Council Submitted For:Andrea Caicedo, Assistant to the Town Manager From:Andrea Caicedo, Assistant to the Town Manager Date:February 21, 2023 Strategic Plan Focus Area: Vibrant Community Strategic Plan Focus Area Additional Info: Goal 5: Invite citizen involvement and deliver transparent and timely distribution of information through a variety of traditional and innovative platforms. Subject:Relating to Boards, Commissions and Committees; presentation, discussion, and possible direction regarding the new iteration of the Marana Citizens' Forum, including discussion of Forum membership, procedures, and implementation of recommendations (Andrea Caicedo) Discussion: The Marana Citizens' Forum (MCF) was created in 2011 as an innovative method for increasing engagement and fostering community participation in Town functions. Since its original adoption, the MCF procedures have been revised five times to implement changes intended to increase program effectiveness.  During the Strategic Plan Five planning process, one of the recommendations from Town Council was to evaluate the current MCF and identify opportunities for improvement. The main concerns related to the current MCF program dealt with 1) selection of meaningful topics; 2) lack of implementing and tracking Forum recommendations; and 3) challenges related to having a quorum at meetings. Staff has evaluated current MCF procedures and has recommended rescinding the current MCF in an effort to establish a new iteration of the Forum that addresses the issues noted above. Marana Town Council Regular Meeting February 21, 2023 Page 87 of 208 During tonight's meeting, Staff will present a new iteration of the Marana Citizens' Forum. Staff's recommendations are not exhaustive, and we are seeking Council's feedback for what the Council envisions for the new Forum. Staff will implement Council's feedback into the new procedures and bring back the finalized version for approval in March 2023.  Staff Recommendation: Staff seeks Council's feedback and direction. Suggested Motion: None. Staff seeks Council's feedback and direction. Attachments No file(s) attached. Marana Town Council Regular Meeting February 21, 2023 Page 88 of 208      Council-Regular Meeting   A1        Meeting Date:02/21/2023   To:Mayor and Council From:Brian Varney, Senior Planner Date:February 21, 2023 Strategic Plan Focus Area: Not Applicable Subject:PUBLIC HEARING: Ordinance No. 2023.004: Relating to Development; approving a rezoning of approximately 165 acres of land located east of Interstate 10, east and west of Adonis Road, and approximately 1.2 miles north of Tangerine Road from Zone E (Transportation Corridor) to R-4 (Residential), R-5 (Residential), and MR-1 (Multi-Family Residential); and approving and authorizing the Mayor to sign the Development Agreement Regarding Streets Development Impact Fee Credits for the Stonegate Development Project (Brian Varney)     Discussion: Request Paradigm Land Design, LLC is requesting approval to rezone approximately 165 acres of land from Zone E (Transportation Corridor) to R-4 (Residential), R-5 (Residential), and MR-1 (Multi-Family Residential).  Marana General Plan The 2040 Marana General Plan designates the proposed rezoning area with the land use category of Traditional Neighborhood (TN). Traditional Neighborhood provides a residential density range of two (2) du/ac to eighteen (18) du/ac, and accommodates both single-family and multi-family residential uses.     Surrounding Land Use and Site Characteristics The rezoning area is bordered to the north by undeveloped, Arizona State Land Marana Town Council Regular Meeting February 21, 2023 Page 89 of 208 The rezoning area is bordered to the north by undeveloped, Arizona State Land Department property zoned Agricultural (AG). Adjacent, to the east of the rezoning area, is the Central Arizona Project canal, beyond which is undeveloped Zone E (Transportation Corridor) land. The south and west boundaries of the rezoning area are adjacent to both the Tortolita Shadows Specific Plan and the Rancho Marana Specific Plan (East), both of which are undeveloped at this time but are currently being master planned with the proposed rezoning area to be known as the Stonegate development.   The topography of the proposed rezoning area is characterized by relatively flat terrain with an average overall cross slope of approximately 1.3% from the northeast to the southwest. Town staff will require the submittal and approval of a drainage study and will evaluate all on-site and off-site drainage in greater detail during the review of the preliminary plats for this area. Proposed Land Use The Preliminary Development Plan for Stonegate East proposes both single-family and multi-family residential uses. The anticipated lot configuration shown proposes a mix of residential zoning categories with approximately 10.2 acres of Multi-family (MR-1), 55.6 acres of R-4 (minimum lot size of 4,000 S.F.), and 86.5 acres of R-5 (minimum lot size of 5,000 S.F.). A total of 777 residential units are anticipated within the rezoning area yielding a gross density of 4.7 dwelling units per acre. The proposed rezoning area is planned to be integrated into the much larger Stonegate Master Plan that includes the portion of the Rancho Marana Specific Plan east of I-10, as well as the existing Tortolita Shadows Specific Plan that was approved by the Town Council in July of 2012. The development of the Stonegate Master Plan will result in the construction of a large amount of infrastructure east of Interstate 10 including major roadways such as the ultimate-width Adonis Road, a portion of Moore Road, a large collector loop road and numerous internal streets with the corresponding utilities and drainage facilities required. The Preliminary Development Plan within the site analysis document illustrates a community park, approximately 5 acres in size, as well as a number of smaller neighborhood parks. Given the rezoning area will not necessarily contain a stand-alone development, and will be integrated into a larger planning area, staff will defer the ultimate park and recreation component of the proposed preliminary development plan to the platting stage of the development. The individual plats within the master plan will be carefully reviewed for compliance with the Town's recreational area standards. Parks, trails, and paths will be coordinated within the larger, master planning area to ensure seamless connectivity not only within Stonegate, but also with the adjacent Mandarina project to the south. It should be noted that some of the planning areas (blocks) shown on the Preliminary Development Plan extend beyond the boundary of the Rezoning Area and overlap the existing specific plans [Tortolita Shadows and Rancho Marana (East)]. Staff has been working with the applicant on this matter, and it has been Marana Town Council Regular Meeting February 21, 2023 Page 90 of 208 determined that the most practical and efficient solution is to perform a minor amendment to the conceptual land use plans for both specific plans, specifically along portions of the perimeter of each plan. This will enable the applicant and the Town to process forthcoming preliminary and final plats in accordance with the desired layout shown on the master plan and avoid abrupt divisions at the respective boundaries. Access and Circulation  Access to the rezoning area shall be provided through the Stonegate Master Plan area via the construction of the ultimate-width Adonis Road, and a portion of Moore Road, as well as a collector loop road and various internal streets. The property owners / developers shall be required to build Adonis Road to a four-lane divided roadway within their development. Based on future traffic volumes, property owners/developers will also be required to expand Adonis Road to a four-lane divided roadway, south to Mandarina Boulevard in accordance with review performed by the Town's Traffic Engineering Division. The overall Stonegate Master Plan Traffic Impact Analysis, which includes the proposed rezoning area, is under review and has not yet been approved by the Marana Traffic Engineering Division.    Utilities The rezoning area is located within the Town of Marana water service area and will be served by the Town. The property owner / developer will be responsible for the extension of the public water system required to serve the area. A proposed plan identifying water use, fire flow requirements and all on-site and off-site water facilities will be required. Water service agreement(s) will be required, and all necessary on-site and off-site water infrastructure will be required to be constructed by the property owner / developer at time of development. Sewer service will be provided to the rezoning area by Marana Water.  The property owner / developer will be responsible for onsite sewer infrastructure, including an anticipated lift station, and will be required to provide all necessary sewer plans and models to the Town for review and approval.  The rezoning area lies within the service areas of Northwest Fire District, TRICO, Southwest Gas, Century Link and Comcast.   Citizen Participation There are only three property owners (U.S. Bureau of Reclamation, Mandarina Holdings, LLC, and TMR Investors, LLC) within the general vicinity of the rezoning area. The applicant contacted owners directly by mail, providing a narrative and map of the proposed rezoning, and asked to be contacted directly with any questions or comments regarding the proposal.The applicant has been working directly with Mandarina Holdings, LLC, the property owners directly to the south, throughout the planning and design of the project. No response was received from the other two entities. Public Notification This public hearing was appropriately noticed in The Daily Territorial, and all property owners within 300 feet of the boundary of the rezoning area were Marana Town Council Regular Meeting February 21, 2023 Page 91 of 208 noticed by United States mail of the date, time, and topic of the public hearing. Additional notice was posted at various locations within the community.    Case Analysis Review Criteria  Pursuant to Town Code section 17-3-1(D), the Planning Commission and Town Council shall consider the following questions, at a minimum, in reviewing an application for rezoning: Any change of character in the area due to installation of public facilities, other zone changes, new growth trends, deterioration, and development; Based upon the requirements and conditions, the rezoning amendment does not appear to be detrimental to the character of the area due to installation of public facilities or any other rezoning changes. The degree to which the proposed zoning will benefit the community; whether there will be benefits derived by the community, or area, by granting the proposed rezoning; With the acceptance of the recommended conditions, this rezoning will benefit the community by extending public services and trails and providing additional residential options. Whether the proposed rezoning is compatible with the surrounding area or whether there will be adverse impacts on the capacity or safety of the portion of street network influenced by the rezoning, parking problems, or environmental impacts that the new use will generate such an excessive storm runoff, water, air, or noise pollution, excessive nighttime lighting, or other nuisances; Based on the recommended requirements and conditions, the rezoning amendment is compatible with the surrounding area and does not appear to be adversely impact the adjacent street network or generate such excessive storm runoff, water, air, or noise pollution, excessive nighttime lighting, or other nuisances. Whether the proposal conforms with and is in furtherance of the implementation of the goals and policies of the general plan, other adopted plans, and the goals, objectives and policies of the land development code, and other town regulations and guidelines, including goals and policies relating to economic development; The rezoning amendment conforms with the goals and policies of the general plan, the land development code, and other town regulations and guidelines. The zoning districts and existing land uses of the surrounding properties; Based on the recommended requirements and conditions, the rezoning amendment is compatible with the surrounding properties zoning and existing land use. Whether the existing and proposed transportation infrastructure is suitable and adequate to serve the traffic anticipated to be generated by the proposed development; With the acceptance of the recommended conditions, the existing and Marana Town Council Regular Meeting February 21, 2023 Page 92 of 208 proposed transportation infrastructure is suitable and adequate to serve the traffic anticipated to be generated by the proposed development. Whether the existing and proposed utility infrastructure, public facilities, and public services are suitable and adequate to serve the proposed rezoning area; Based upon the rezoning requirements and conditions, there is adequate utility infrastructure, public facilities, and public services in the area to serve the proposed rezoning area. Whether the subject property is suitable for the uses to which it has been restricted under the existing zoning classification; Based upon the rezoning requirements and conditions, the subject property is suitable for the proposed uses. Whether the rezoning is compatible with the adjacent neighborhood, especially residential neighborhood stability and character; Based upon the rezoning requirements and conditions, this rezoning amendment is compatible with the adjacent neighborhood in area stability and character. If applicable, the length of time the subject property has remained vacant as zoned;  The subject property has remained vacant since annexation in to the Town. Whether there is an adequate supply of land available in the subject area and the surrounding community to accommodate the zoning and community needs; Based upon the rezoning amendment subject area location, there is an adequate supply of land available in the area and the surrounding community to accommodate the zoning and community needs. Development Agreement This public hearing was originally scheduled before Council on October 4, 2022, and was continued to November 15, 2022, to allow further discussion between the developer and the Town regarding funding of transportation infrastructure, specifically related to the Tangerine Road/I-10 and the Marana Road/I-10 traffic interchanges. On November 15, 2022, the public hearing was continued to January 17, 2023, to allow the developer and Town staff to continue work on a development agreement. At the January 17, 2023 meeting, the developer's representative requested an additional continuance to allow further review of the development agreement and to obtain the necessary approvals and signatures. After the November 15, 2022 public hearing, Town staff added the following condition to the proposed rezoning ordinance: The Property Owners shall pay to the Town their proportionate financial share up-front for the costs to design, construct, or otherwise improve the circulation to and within the Marana Road/I-10 traffic interchange and the Tangerine Road/I-10 traffic interchange in accordance with the development agreement approved pursuant to Section 1 of this ordinance.  The Property Owners’ proportionate share will be determined based on the number of Equivalent Dwelling Units in Marana Town Council Regular Meeting February 21, 2023 Page 93 of 208 the Rezoning Area and the assumptions in the Streets Facilities Infrastructure Improvements Plan approved by the Town of Marana Mayor and Council on September 20, 2022. As provided by A.R.S. § 9-463.05, the Property Owners’ proportionate financial contribution shall be credited against the applicable impact fees payable for development within the Stonegate Development Project. Staff Recommendation: This is a discretionary item for the Town Council to consider. Should the Town Council choose to approve this item, staff recommends the approval be subject to the conditions set forth in the draft ordinance attached. Suggested Motion: I move to adopt Ordinance No. 2023.004, approving the Stonegate East Rezoning subject to the recommended conditions and approving and authorizing the Mayor to sign the Development Agreement Regarding Streets Development Impact Fee Credits for the Stonegate Development Project .  Attachments Ordinance No. 2023.004 Exhibit A to Ordinance Exhibit B to Ordinance Stonegate DIF Development Agreement PCZ2110-003 SGE Map PCZ2110-003 SGE App PCZ2110-003 SGE Site Analysis Marana Town Council Regular Meeting February 21, 2023 Page 94 of 208 Ordinance No. 2023.004 - 1 - MARANA ORDINANCE NO. 2023.004 RELATING TO DEVELOPMENT; APPROVING A REZONING OF APPROXIMATELY 165 ACRES OF LAND LOCATED EAST OF INTERSTATE 10, EAST AND WEST OF ADONIS ROAD, AND APPROXIMATELY 1.2 MILES NORTH OF TANGERINE ROAD FROM ZONE E (TRANSPORTATION CORRIDOR) TO R-4 (RESIDENTIAL), R-5 (RESIDENTIAL) AND MR-1 (MULTI-FAMILY RESIDENTIAL); AND APPROVING AND AUTHORIZING THE MAYOR TO SIGN THE DEVELOPMENT AGREEMENT REGARDING STREETS DEVELOPMENT IMPACT FEE CREDITS FOR THE STONEGATE DEVELOPMENT PROJECT WHEREAS CLB Real Property Holding Company LLC, and Tangerine PBS LLC, (the “Property Owners”) own approximately 165 acres of land located east of Interstate 10, east and west of Adonis Road, and approximately 1.2 miles north of Tangerine Road within Section 25 Township 11 South, and Range 11 East, described on Exhibit “A” attached to and incorporated in this ordinance by this reference (the “Rezoning Area”); and WHEREAS the Property Owners have authorized Paradigm Land Design, LLC to submit an application to rezone the Rezoning Area from Zone E (Transportation Corridor) to R-4 (Residential, Single-Family), R-5 (Residential, Single-Family), and MR-1 (Residential, multi-family) (“this Rezoning”); and WHEREAS the Rezoning Area is also known as “Stonegate East,” which together with the property zoned as the Tortolita Shadows Specific Plan by Marana Ordinance No. 2012.05, recorded in the Office of the Pima County Recorder at Sequence No. 20122160463, and the property zoned as the Rancho Marana East Specific Plan by Marana Ordinance No. 99.13, recorded in the Office of the Pima County Recorder at Docket 11057 Page 1189, comprise the project known as the “Stonegate Development Project”; and WHEREAS the Marana Town Council adopted Ordinance No. 2012.05 on July 17, 2012 approving the Tortolita Shadows Specific Plan, which includes conditions that directly affect the development of the Rezoning Area and shall remain; and WHEREAS the Marana Planning Commission held a public hearing to consider this Rezoning on March 30, 2022, and voted unanimously 6-0 to recommend that the Town Council approve this Rezoning subject to the recommended conditions, plus an amended condition, as requested by staff; and Marana Town Council Regular Meeting February 21, 2023 Page 95 of 208 Ordinance No. 2023.004 - 2 - WHEREAS the Marana Mayor and Town Council held a public hearing to consider this Rezoning on October 4, 2022, which public hearing was continued until November 15, 2022; and WHEREAS the Marana Mayor and Town Council held a public hearing to consider this Rezoning on November 15, 2022, which public hearing was continued until January 17, 2023; and WHEREAS the Marana Mayor and Town Council held a public hearing to consider this Rezoning on January 17, 2023, which public hearing was continued until February 21, 2023; and WHEREAS Town staff has negotiated the terms of the Development Agreement Regarding Streets Development Impact Fee Credits for the Stonegate Development Project to address funding of the Marana Road/I-10 and Tangerine Road/I-10 traffic interchange projects; and WHEREAS the Marana Town Council finds that the Development Agreement Regarding Streets Development Impact Fee Credits for the Stonegate Development Project, provided in the agenda materials associated with this Council agenda item , is consistent with the Marana General Plan, this Rezoning, and all other applicable Town regulations and policies; and WHEREAS the Marana Mayor and Town Council held a public hearing to consider this Rezoning on February 21, 2023, and determined that this Rezoning and the Development Agreement Regarding Streets Development Impact Fee Credits for the Stonegate Development Project should be approved. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of Marana, Arizona, as follows: Section 1. The Development Agreement Regarding Streets Development Impact Fee Credits for the Stonegate Development Project is hereby approved in the form provided in the agenda materials associated with this Council agenda item and the Mayor is hereby authorized and directed to sign it for and on behalf of the Town of Marana. Section 2. The zoning of the Rezoning Area is hereby changed from Zone E (Transportation Corridor) to R-4 (Residential, single-family), R-5 (Residential, single- family), and MR-1 (Residential, multi-family), as depicted on Exhibit “B” attached to and incorporated in this ordinance by this reference. Section 3. This Rezoning is subject to the following conditions, the violation of which shall be treated in the same manner as a violation of the Marana Town Code (but which shall not cause a reversion of this Rezoning), and which shall be binding on the Property Owners and their successors in interest (all of whom are collectively included in the term “Property Owners” in the following conditions): Marana Town Council Regular Meeting February 21, 2023 Page 96 of 208 Ordinance No. 2023.004 - 3 - 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 and payment of application fees and applicable development impact fees. 2. Any preliminary plat or development plan for any portion of the Rezoning Area shall be in general conformance with the Preliminary Development Plan presented to and approved by the Town Council as part of this Rezoning. 3. A master drainage study must be submitted by the Property Owners and accepted by the Town Engineer prior to Town approval of a preliminary plat or development plan for any portion of the Rezoning Area. 4. A water infrastructure and phasing plan (WIP) must be submitted by the Property Owners and accepted by Marana Water (the “water utility”) prior to approval of a preliminary plat or development plan for any portion of the Rezoning Area. The WIP shall identify all on-site and off-site water facilities needed to serve the proposed development. The WIP shall include all information required by the water provider, such as (but not limited to) analysis of water use and fire flow requirements, and well source, reservoir, and booster station infrastructure needed to serve the proposed development. If the water provider requires a water service agreement as a condition of service to the proposed development, the Property Owners must enter into a water service agreement with the water provider consistent with the accepted WIP. 5. A master sewer plan must be submitted by the Property Owners and accepted by Marana Water (the “wastewater utility”) prior to the approval of any final plat or development plan for the Rezoning Area. The master sewer plan shall identify all on- site and off-site wastewater facilities needed to serve the proposed development, and shall include all information required by the wastewater utility. If the wastewater utility requires a sewer service agreement as a condition of service to the proposed development, the Property Owners must enter into a sewer service agreement with the wastewater utility consistent with the accepted master sewer plan. 6. The Property Owners must design and construct any roadway, drainage, water, and wastewater improvements, and dedicate or acquire any property rights associated with those improvements, that the Town requires based on the data and findings of the accepted traffic impact analysis, the accepted master drainage study, the accepted WIP, the accepted master sewer plan, and other studies approved in connection with the approval of a preliminary plat or development plan for any portion of the Rezoning Area. 7. The final design of all streets and circulation facilities, including gated access (if applicable) must be accepted by the Northwest Fire District prior to Town Council consideration of a final plat for any portion of the Rezoning Area. 8. The maximum number of residential lots within the Rezoning Area shall not exceed 777. Marana Town Council Regular Meeting February 21, 2023 Page 97 of 208 Ordinance No. 2023.004 - 4 - 9. No approval, permit or authorization by the Town of Marana authorizes violation of any federal or state law or regulation or relieves the Property Owners from responsibility to ensure compliance with all applicable federal and state laws and regulations, including the Endangered Species Act and the Clean Water Act. The Property Owners should retain appropriate experts and consult appropriate federal and state agencies to determine any action necessary to assure compliance with applicable laws and regulations. 10. The Property Owners shall transfer to the water provider, by the appropriate Arizona Department of Water Resources form, those water rights being IGR, Type I or Type II for providing designation of assured water supply and water service to the Rezoning Area. If Type I or Type II is needed on the Rezoning Area, the water provider and the Property Owners shall arrive at an agreeable solution to the use of those water rights appurtenant to the affected portion of the Rezoning Area. 11. Prior to the issuance of any grading permits, the Property Owners shall submit evidence to the Town that all federal permit requirements have been met through the Corps of Engineers and the State Historic Preservation Office, if federal permits are required for the development of the Rezoning Area. 12. The Property Owners shall not cause any lot split of any kind without the written consent of the Town of Marana. 13. Final approval of a Traffic Impact Analysis must be issued by the Traffic Engineering Division prior to the approval of any final subdivision plat within the Rezoning Area. 14. The Property Owners shall be responsible for design and construction of traffic signals at any loop road intersection with Adonis Road within the Rezoning Area, when found warranted by traffic studies, and consistent with Town of Marana Ordinance No. 2012.05. 15. The Property Owners shall be required to build Adonis Road to a four-lane divided roadway within the Stonegate Master Plan development. Based on traffic analyses, the Property Owners will also be required to expand Adonis Road to a four-lane divided roadway south to Mandarina Boulevard in accordance with review performed by the Town’s Traffic Engineering Division. 16. The Property Owners shall pay to the Town their proportionate financial share up- front for the costs to design, construct, or otherwise improve the circulation to and within the Marana Road/I-10 traffic interchange and the Tangerine Road/I-10 traffic interchange in accordance with the development agreement approved pursuant to Section 1 of this ordinance. The Property Owners’ proportionate share will be determined based on the number of Equivalent Dwelling Units in the Rezoning Area and the assumptions in the Streets Facilities Infrastructure Improvements Plan approved by the Town of Marana Mayor and Council on September 20, 2022. As provided by A.R.S. § 9-463.05, the Property Owners’ proportionate financial Marana Town Council Regular Meeting February 21, 2023 Page 98 of 208 Ordinance No. 2023.004 - 5 - contribution shall be credited against the applicable impact fees payable for development within the Stonegate Development Project. Section 4. 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 5. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 21st day of February, 2023. Mayor Ed Honea ATTEST: David L. Udall, Town Clerk APPROVED AS TO FORM: Jane Fairall, Town Attorney Marana Town Council Regular Meeting February 21, 2023 Page 99 of 208 Order No. 20000962-020-RES-DP9 This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Fidelity National Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I— Requirements; and Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 27C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016)Page 3 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. EXHIBIT A to Marana Ordinance No. 2023.004 LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF PIMA, STATE OF ARIZONA, AND IS DESCRIBED AS FOLLOWS: Parcel No. 1: (APN: 217-33-001F and 217-33-001E) The East half of Section 25, Township 11 South, Range 11 East, Gila and Salt River Base and Meridian, Pima County, Arizona; EXCEPT the West half of the Southeast quarter; FURTHER EXCEPT that portion described in Judgment recorded in Docket 7780, Page 3 described as follows: BEGINNING at the Southeast corner of said Section 25; THENCE, along the South boundary of said Section 25, South 89 degrees 31 minutes 37 seconds West, a distance of 163.21 feet to a point that bears North 89 degrees 31 minutes 37 seconds East 2482.79 feet from the South quarter corner of said Section 25; THENCE, leaving said South boundary North 30 degrees 26 minutes 46 seconds West, a distance of 223.94 feet; THENCE, North 59 degrees 33 minutes 14 seconds East, a distance of 99.99 feet; THENCE, North 30 degrees 26 minutes 46 seconds West, a distance of 2270.45 feet to a point in the West boundary of the East half of the Southeast quarter of said Section 25; THENCE, along said West boundary North 00 degrees 28 minutes 01 seconds West, a distance of 427.75 feet to the Northwest corner of said East half of the Southeast quarter; THENCE, along the North boundary of the South half of said Section 25, South 89 degrees 32 minutes 12 seconds West, a distance of 246.76 feet; THENCE, leaving said North boundary North 30 degrees 26 minutes 46 seconds West, a distance of 1266.83 feet; THENCE, South 59 degrees 33 minutes 14 seconds West, a distance of 99.99 feet; THENCE, North 34 degrees 49 minutes 22 seconds West, a distance of 406.64 feet; THENCE, North 50 degrees 48 minutes 00 seconds East, a distance of 99.99 feet; THENCE, North 39 degrees 12 minutes 00 seconds West, a distance of 326.34 feet to a point in the West boundary of said East half of Section 25; THENCE, along said West boundary North 00 degrees 27 minutes 16 seconds West, a distance of 938.98 feet to the North quarter corner of said Section 25; Marana Town Council Regular Meeting February 21, 2023 Page 100 of 208 Order No. 20000962-020-RES-DP9 EXHIBIT A (Continued) This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Fidelity National Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I— Requirements; and Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 27C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016)Page 4 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. THENCE, along the North boundary of said Section 25 North 89 degrees 33 minutes 18 seconds East, a distance of 913.24 feet to a point that bears South 89 degrees 33 minutes 18 seconds West 1730.47 feet from the Northeast corner of said Section 25; THENCE, leaving said North boundary South 39 degrees 12 minutes 00 seconds East, a distance of 798.10 feet; THENCE, South 30 degrees 26 minutes 46 seconds East, a distance of 2464.96 feet to a point in the East boundary of said Section 25 that bears South 00 degrees 28 minutes 45 seconds East 2757.07 feet from the Northeast corner of said Section 25; THENCE, along said East boundary South 00 degrees 28 minutes 45 seconds East, a distance of 2519.46 feet to the point of BEGINNING. FURTHER EXCEPT that portion lying Northeasterly of the Northeasterly line of that portion described in Judgment recorded in Docket 7780, Page 3 described as follows: BEGINNING at the Southeast corner of said Section 25; THENCE, along the South boundary of said Section 25, South 89 degrees 31 minutes 37 seconds West, a distance of 163.21 feet to a point that bears North 89 degrees 31 minutes 37 seconds East 2482.79 feet from the South quarter corner of said Section 25; THENCE, leaving said South boundary North 30 degrees 26 minutes 46 seconds West, a distance of 223.94 feet; THENCE, North 59 degrees 33 minutes 14 seconds East, a distance of 99.99 feet; THENCE, North 30 degrees 26 minutes 46 seconds West, a distance of 2270.45 feet to a point in the West boundary of the East half of the Southeast quarter of said Section 25; THENCE, along said West boundary North 00 degrees 28 minutes 01 seconds West, a distance of 427.75 feet to the Northwest corner of said East half of the Southeast quarter; THENCE, along the North boundary of the South half of said Section 25, South 89 degrees 32 minutes 12 seconds West, a distance of 246.76 feet; THENCE, leaving said North boundary North 30 degrees 26 minutes 46 seconds West, a distance of 1266.83 feet; THENCE, South 59 degrees 33 minutes 14 seconds West, a distance of 99.99 feet; THENCE, North 34 degrees 49 minutes 22 seconds West, a distance of 406.64 feet; THENCE, North 50 degrees 48 minutes 00 seconds East, a distance of 99.99 feet; THENCE, North 39 degrees 12 minutes 00 seconds West, a distance of 326.34 feet to a point in the West boundary of said East half of Section 25; Marana Town Council Regular Meeting February 21, 2023 Page 101 of 208 Order No. 20000962-020-RES-DP9 EXHIBIT A (Continued) This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Fidelity National Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I— Requirements; and Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 27C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016)Page 5 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. THENCE, along said West boundary North 00 degrees 27 minutes 16 seconds West, a distance of 938.98 feet to the North quarter corner of said Section 25; THENCE, along the North boundary of said Section 25 North 89 degrees 33 minutes 18 seconds East, a distance of 913.24 feet to a point that bears South 89 degrees 33 minutes 18 seconds West 1730.47 feet from the Northeast corner of said Section 25; THENCE, leaving said North boundary South 39 degrees 12 minutes 00 seconds East, a distance of 798.10 feet; THENCE, South 30 degrees 26 minutes 46 seconds East, a distance of 2464.96 feet to a point in the East boundary of said Section 25 that bears South 00 degrees 28 minutes 45 seconds East 2757.07 feet from the Northeast corner of said Section 25; THENCE, along said East boundary South 00 degrees 28 minutes 45 seconds East, a distance of 2519.46 feet to the point of BEGINNING. (Parcel No. 2 and Parcel No. 3 below comprise APN: 217-33-002Q, 217-33-002N, 217-33-002R, 217-33-002P and 217-33-002K) Parcel No. 2: The Northwest quarter of Section 25, Township 11 South, Range 11 East of the Gila and Salt River Base and Meridian, Pima County, Arizona; EXCEPT any portion of the West half of said Section 25, conveyed in Docket 7659, Page 5, being more particularly described as follows: BEGINNING at the Northwest corner of said Section 25; Thence along the North boundary of said Section 25, North 89 degrees 33 minutes 18 seconds East recorded (North 89 degrees 45 minutes 44 seconds West, measured), a distance of 1890.12 feet recorded (1889.77 feet, measured) to the TRUE POINT OF BEGINNING; Thence continuing along said North boundary, North 89 degrees 33 minutes 18 seconds East recorded (North 89 degrees 45 minutes 44 seconds West, measured), a distance of 753.59 to the Northeast corner of said West half of Section 25; Thence along the East boundary of said West half, South 00 degrees 27 minutes 16 seconds East recorded (South 00 degrees 12 minutes 48 seconds East, measured), a distance of 938.98 feet to the point that bears North 00 degrees 27 minutes 16 seconds West recorded (North 00 degrees 12 minutes 48 seconds West, measured), 4338.86 feet distant from the South quarter corner of said Section 25; Thence leaving said East boundary, North 39 degrees 12 minutes 00 seconds West recorded (North 38 degrees 31 minutes 35 seconds West, measured), a distance of 1204.08 feet recorded (1204.24 feet measured) to the TRUE POINT OF BEGINNING; AND FURTHER EXCEPT that portion conveyed in Docket 9675, Page 1348 described as follows: Marana Town Council Regular Meeting February 21, 2023 Page 102 of 208 Order No. 20000962-020-RES-DP9 EXHIBIT A (Continued) This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Fidelity National Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I— Requirements; and Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 27C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016)Page 6 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. That portion of the West half of Section 25, Township 11 South, Range 11 East of the Gila and Salt River Base and Meridian, Pima County, Arizona, further described as follows: COMMENCING at the Northwest corner of said Section 25; Thence South 00 degrees 02 minutes 54 seconds East, along the West line of said Section 25, a distance of 1980.22 feet to the TRUE POINT OF BEGINNING; Thence North 89 degrees 55 minutes 01 seconds East, 1624.60 feet; Thence along a curve to the right, being concave to the West, having a radius of 1280.73 feet, a central angle of 29 degrees 58 minutes 59 seconds and arc length of 670.21 feet; Thence South 10 degrees 00 minutes 00 seconds West, 604.97 feet; Thence North 80 degrees 00 minutes 00 seconds West, 1453.52 feet to a point of curve: Thence on a curve to the left, concave to the South, having a radius of 1250.00 feet, a central angle of 6 degrees 41 minutes 34 seconds, an arc length of 146.01 feet to the West Section line of said Section 25; Thence North 00 degrees 02 minutes 40 seconds West, along the Section line, 324.03 feet to the West quarter corner thereof; Thence North 00 degrees 02 minutes 54 seconds West, along said Section line, 660.16 feet to the TRUE POINT OF BEGINNING; AND FURTHER EXCEPT that portion described as Parcel 3 Docket 8874, Page 1453, described as follows:: That portion of the West half of Section 25, Township 11 South, Range 11 East of the Gila and Salt River Base and Meridian, Pima County, Arizona, described as follows: BEGINNING at the Northwest comer of said Section 25; Thence North 89 degrees 56 minutes 32 seconds East along the North line of said Section 25, a distance of 1652.23 feet to the TRUE POINT OF BEGINNING; Thence North 89 degrees 56 minutes 32 seconds East, a distance of 237.65 feet to a point on the Westerly right of way line of the Central Arizona Project: Thence South 38 degrees 50 minutes 13 seconds East along said right of way line, a distance of 1203.99 feet to a point on the North and South mid-section line of said Section 25: Thence South 00 degrees 04 minutes 54 seconds East, along said North and South mid-section line of said Section 25, a distance of 1700.41 feet to the center of said Section 25: Marana Town Council Regular Meeting February 21, 2023 Page 103 of 208 Order No. 20000962-020-RES-DP9 EXHIBIT A (Continued) This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Fidelity National Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I— Requirements; and Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 27C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016)Page 7 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Thence South 00 degrees 04 minutes 54 seconds East, along said North and South mid-section line of said Section 25, a distance of 785.77 feet to a point; Thence North 80 degrees 00 minutes 00 seconds West, a distance of 1086.07 feet to a point; Thence North 10 degrees 00 minutes 00 seconds East, a distance of 604.97 feet to the point of curvature of a 1280.73 foot radius curve concave to the Southwest; Thence Northerly along said curve through a central angle of 59 degrees 15 minutes 14 seconds, a distance of 1324.50 feet to a point having a radial bearing of South 40 degrees 44 minutes 46 seconds West; Thence North 26 degrees 37 minutes 26 seconds East, a distance of 880.17 feet to a point; Thence North 00 degrees 04 minutes 09 seconds West, a distance of 659.86 feet to a point on the North line of said Section 25 and the TRUE POINT OF BEGINNING. FURTHER EXCEPTING THEREFROM that portion conveyed to the Town of Marana, an Arizona municipal corporation by Special Warranty Deed recorded July 2, 2018 at Recording No. 20181830679. Parcel No. 3: That portion of the West Half of Section 25, Township 11 South, Range 11 East of the Gila and Salt River Base and Meridian, Pima County. Arizona, further described as follows: COMMENCING at the Northwest comer of said Section 25; Thence North 89 degrees 56 minutes 32 seconds East, along the North Section line, a distance of 1652.23 feet to the TRUE POINT OF BEGINNING: Thence continuing North 89 degrees 56 minutes 32 seconds East, 237.65 feet: Thence South 38 degrees 50 minutes 13 seconds East, 1203.99 feet to a point on the center Section line; Thence South 00 degrees 04 minutes 54 seconds East, along said center Section line, a distance of 1040.26 feet; Thence South 89 degrees 55 minutes 01 seconds West, 1020.12 feet; Thence along a curve to the left, concave to the Southwest, having a radius of 1280.73 feet, a central angle of 29 degrees 16 minutes 15 seconds, an arc length of 654.29 feet; Thence North 26 degrees 37 minutes 26 seconds East, a distance of 880.17 feet; Thence North 00 degrees 04 minutes 09 seconds West, 659.86 feet to the TRUE POINT OF BEGINNING. EXCEPTING THEREFROM that portion conveyed to the Town of Marana, an Arizona municipal corporation by Special Warranty Deed recorded July 2, 2018 at Recording No. 20181830679. Marana Town Council Regular Meeting February 21, 2023 Page 104 of 208 Order No. 20000962-020-RES-DP9 EXHIBIT A (Continued) This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Fidelity National Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I— Requirements; and Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 27C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016)Page 8 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. APN: 217-33-002L, 217-33-002K, 217-33-002C, 217-33-001E/217-33-001F Marana Town Council Regular Meeting February 21, 2023 Page 105 of 208 N39°12'04"W 1203.58' N33°12'06"W 396.55' N60°19'04"E 89.92' S59°33'14"W 99.99' N89°32'21"E 1075.69'S0°28'28"E2211.34'N30°26 '42 "W2270.42 ' N89°31'08"E 1159.70' N30°26'46"W 224.44' N59°33'14"E 99.99'N30°26 '43 "W1266.81 ' N89°35'31"E 1047.97'N89°35'31"E 843.29'S9°26'41"E962.48'N89°32'39"E 835.07' S0°25'27"E 929.57' S0°25'27"E 1051.47' S0°27'34"E 659.75' N89°32'39"E 296.41' N89°32'39"E 1514.21' N18°35'36"W 94.28' N18°35'36"W 216.84' L=467.32', R=1199.86' D=22°19'00" L=627.03', R=1199.86' D=29°56'30" N71°05' 0 6 " E 1416.4 8' L=212.61', R=1000.00' D=12°10'50" N18°35'38"W 362.59' L=1128.38', R=1000.00' D=64°39'00" L=561.58', R=1000.00' D=32°10'30" N52°23'50"E 214.81' E R-4 Zoning 62.8± Ac. Grie r R o a d R-4 R-4 R-4 R-5 R-5 MR-1 R-5 F MANDARINA F RANCHO MARANA EAST F TORTOLITA SHADOWS MR-1 Zoning 11.0± Ac. R-5 Zoning 91.4± Ac.Adonis RoadMoore Road In t e r s t a t e - 1 0 Moore R o a d (futur e )CAP Cana l E A AG AG N89°33'09"E 2643.81'S00°29'04"E 2638.34'S00°29'18"E 2638.65'S00°25'23"E 2640.19'N89°31'08"E 2646.28'N89°31'29"E 2646.79' NORTHEAST QUARTER CORNER OF SECTION 25, T11S, R11E SOUTHEAST CORNER OF SECTION 25, T11S, R11E SOUTHWEST QUARTER CORNER OFSECTION 25, T11S, R11E LI EXHIBIT B to Marana Ordinance No. 2023.004 Marana Town Council Regular Meeting February 21, 2023 Page 106 of 208 00085916.DOCX /3 - 1 - 2/15/2023 DEVELOPMENT AGREEMENT REGARDING STREETS DEVELOPMENT IMPACT FEE CREDITS FOR THE STONEGATE DEVELOPMENT PROJECT TOWN OF MARANA, ARIZONA THIS AGREEMENT (this “Agreement”) is entered into by and between the TOWN OF MARANA, an Arizona municipal corporation (the “Town”), and CLB REAL PROPERTY HOLDING COMPANY LLC, an Arizona limited liability company, and TANGERINE PBS LLC, an Arizona limited liability company (collectively, the “Developer”). The Town and the Developer are sometimes collectively referred to as the “Parties,” each of which is sometimes individually referred to as a “Party.” RECITALS A. This Agreement is entered into and authorized pursuant to A.R.S. § 9-500.05. B. The Town has adopted certain development impact fees for streets pursuant to A.R.S. § 9-463.05. C. The Developer is the current master developer of the lands legally described on Exhibit A, known as “Stonegate East,” which together with the property zoned as the Tortolita Shadows Specific Plan by Marana Ordinance No. 2012.05, recorded in the Office of the Pima County Re- corder at Sequence No. 20122160463, and the property zoned as the Rancho Marana East Specific Plan by Marana Ordinance No. 99.13, recorded in the Office of the Pima County Recorder at Docket 11057 Page 1189, comprise the project known as the “Stonegate Development Project.” D. This Agreement is approved, and the Town’s Mayor is authorized to sign it, by virtue of the Town Council’s adoption of Marana Ordinance No. 2023.002 (the “Concurrent Ordinance”), which also rezoned Stonegate East from Zone E (Transportation Corridor) to R-4 (Residential, Single-Family), R-5 (Residential, Single-Family), and MR-1 (Residential, multi-family), allowing a maximum of 777 residential units within Stonegate East. E. The Concurrent Ordinance, among other items, requires the Developer to pay to the Town in advance its proportionate financial share for the costs to design, construct, or otherwise improve the circulation to and within the Marana Road/I-10 traffic interchange and the Tangerine Road/I-10 traffic interchange pursuant to the terms of this Agreement (the “Developer Advance”). F. The Developer is entitled to credit pursuant to A.R.S. § 9-463.05(B)(7)(c)(i) toward the payment of the Town’s adopted streets development impact fees in connection with the develop- ment of the Stonegate Development Project for the Developer Advance. G. The Parties desire to memorialize their agreement concerning the amount and admin- istration of the development impact fee credit. Marana Town Council Regular Meeting February 21, 2023 Page 107 of 208 00085916.DOCX /3 - 2 - 2/15/2023 AGREEMENT NOW, THEREFORE, in consideration of the foregoing premises and the mutual covenants set forth in this Agreement, the Parties hereby agree as follows: 1. Credit toward streets development impact fees. 1.1. Total amount. The Developer Advance is determined based on the number of Equivalent Dwelling Units entitled in Stonegate East and the assumptions included within the Streets Facili- ties Infrastructure Improvements Plan approved by the Town of Marana Mayor and Council on September 20, 2022 (the “Streets IIP”). Based on these factors, the Developer Advance is calcu- lated at $604,553.00. 1.2. Timing of payments 1.2.1. Within 60 days after the Effective Date of this Agreement, the Developer shall pay to the Town $150,944.00. 1.2.2. Within ten business days after the Developer’s receipt of written notice from the Town that it has approved a Guaranteed Maximum Price (GMP) for roadway construction costs from the Town’s Construction Manager At Risk for the Tangerine Road/Interstate 10 traffic interchange project, the Developer shall pay the Town $362,887.00. 1.2.3. Within ten business days after the Developer’s receipt of written notice from the Town that it has approved a price for roadway construction costs from the Town’s contractor for the Marana Road/Interstate 10 traffic interchange project, the Developer shall pay the Town $90,722.00. 1.3. Credited lots. The Town will credit 777 lots within the Stonegate Development Project for the Developer Advance. The development impact fee credits will be applied as follows: 1.3.1. The first 194 lots permitted in the Stonegate Development Project after the Town’s receipt of the initial $150,944.00 payment from the Developer will receive the credit. 1.3.2. The first 466 lots, not including the 194 lots described in subparagraph 1.3.1 or the 117 lots described in subparagraph 1.3.3, permitted in the Stonegate Development Project after the Town’s receipt of the $362,887.00 payment for the Tangerine Road/Interstate 10 traffic interchange project will receive the credit. 1.3.3. The first 117 lots, not including the 194 lots described in subparagraph 1.3.1 or the 466 lots described in subparagraph 1.3.2, permitted in the Stonegate Development Project after the Town’s receipt of the $90,722.00 payment for the Marana Road/Interstate 10 traffic inter- change project will receive the credit. 1.4. Credit per lot. The credit against streets development impact fees for the 777 credited lots in the Stonegate Development Project is $778.06 per lot. 1.5. Reimbursement of Credits. On or before January 31, April 30, July 31, and October 31 of each year, the Town shall reimburse the Developer $778.06 for each single family residential building permit issued in the Stonegate Development Project for streets development impact fees actually collected by the Town during each quarter ending December 31, March 31, June 30, and September 30 respectively, until the Developer is fully reimbursed for the Developer Advance. 1.6. Future fee revisions. If the Town amends its streets development impact fee applicable to the Stonegate Development Project, the Parties may amend this Agreement to ensure that both Parties remain whole. Marana Town Council Regular Meeting February 21, 2023 Page 108 of 208 00085916.DOCX /3 - 3 - 2/15/2023 1.7. Actual payment as condition of reimbursement. The credit toward the streets development impact fee calculated in accordance with this paragraph 1 shall apply only if and to the extent the Developer pays the Developer Advance. 2. Miscellaneous 2.1. Binding effect. This Agreement shall be binding upon and inure to the benefit of the heirs, executors, administrators, successors and assigns of the Parties. 2.2. Cancellation for conflict of interest. This Agreement is subject to A.R.S. § 38-511, which provides for cancellation in certain instances involving conflict of interest. 2.3. Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The signature pages from one or more counterparts may be removed from such coun- terparts and such signature pages all attached to a single instrument so that the signatures of all Parties may be physically attached to a single document. 2.4. Good standing: authority. The Developer represents and warrants to the Town that it is duly formed and validly existing and authorized to do business in the state of Arizona. The Town represents and warrants to the Developer that it is an Arizona municipal corporation with authority to enter into this Agreement under applicable state laws. Each Party represents and warrants that the individual executing this Agreement on its behalf is authorized and empowered to bind the Party on whose behalf each such individual is signing. 2.5. Governing law. This Agreement is entered into in Arizona and shall be construed and interpreted under the laws of the State of Arizona, and the Parties agree that any litigation or arbi- tration shall take place in Pima County, Arizona. 2.6. Interpretation. This Agreement has been negotiated by the Parties, and no Party shall be deemed to have drafted this Agreement for purposes of construing any portion of this Agreement for or against any Party. 2.7. Exhibits. Exhibits referred to in and attached to this Agreement are incorporated by ref- erence as if set forth in full in the text of this Agreement. 2.8. Recordation. After this Agreement has been executed by the Parties, the Town shall rec- ord this Agreement in the office of the Pima County Recorder. Marana Town Council Regular Meeting February 21, 2023 Page 109 of 208 00085916.DOCX /3 - 4 - 2/15/2023 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the last date set forth below their respective signatures (the “Effective Date”). The “Town”: TOWN OF MARANA, an Arizona municipal corporation By: Ed Honea, Mayor Date: ATTEST: David L. Udall, Town Clerk APPROVED AS TO FORM: Jane Fairall, Town Attorney The “Developer”: CLB REAL PROPERTY HOLDING COMPANY LLC, an Arizona limited liability company By: CLB PARTNERS, LLC, an Arizona limited liability company, its Manager Carson Brown, Member Date: By: Paloma Farms Trust, its Manager Larry Rollin, Management Trustee Date: TANGERINE PBS LLC, an Arizona limited liabil- ity company By: PBS, LLC, an Arizona limited liability company, its Sole Member By: PBS HOLDINGS LIMITED PARTNERSHIP, an Arizona limited partnership, its Manager By: PBM INVESTMENTS, INC. an Arizona corporation, its General Partner Petra Schadeberg-Herrmann, President Date: [NOTARY PAGE FOLLOWS] Marana Town Council Regular Meeting February 21, 2023 Page 110 of 208 00085916.DOCX /3 - 5 - 2/15/2023 STATE OF ARIZONA ) ss County of ) The foregoing instrument was acknowledged before me on by Carson Brown, Member of CLB PARTNERS, LLC, an Arizona limited liability company, Manager of CLB REAL PROPERTY HOLDING COMPANY LLC, an Arizona limited liability company, on behalf of CLB REAL PROPERTY HOLDING COMPANY LLC. (Seal) Notary Public STATE OF ARIZONA ) ss County of ) The foregoing instrument was acknowledged before me on by Larry Rollin, Management Trustee of PALOMA FARMS TRUST, Manager of CLB REAL PROPERTY HOLD- ING COMPANY LLC, an Arizona limited liability company, on behalf of CLB REAL PROPERTY HOLDING COMPANY LLC. (Seal) Notary Public STATE OF ARIZONA ) ss County of ) The foregoing instrument was acknowledged before me on by Petra Schadeberg-Herrmann, President of PBM INVESTMENTS, INC. an Arizona corporation, General Partner of PBS HOLDINGS LIMITED PARTNERSHIP, an Arizona limited partnership, Manager of PBS, LLC, an Arizona limited liability company, Sole Member of TANGERINE PBS LLC, an Ari- zona limited liability company, on behalf of TANGERINE PBS LLC. (Seal) Notary Public Marana Town Council Regular Meeting February 21, 2023 Page 111 of 208 Order No. 20000962-020-RES-DP9 This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Fidelity National Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I— Requirements; and Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 27C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016)Page 3 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF PIMA, STATE OF ARIZONA, AND IS DESCRIBED AS FOLLOWS: Parcel No. 1: (APN: 217-33-001F and 217-33-001E) The East half of Section 25, Township 11 South, Range 11 East, Gila and Salt River Base and Meridian, Pima County, Arizona; EXCEPT the West half of the Southeast quarter; FURTHER EXCEPT that portion described in Judgment recorded in Docket 7780, Page 3 described as follows: BEGINNING at the Southeast corner of said Section 25; THENCE, along the South boundary of said Section 25, South 89 degrees 31 minutes 37 seconds West, a distance of 163.21 feet to a point that bears North 89 degrees 31 minutes 37 seconds East 2482.79 feet from the South quarter corner of said Section 25; THENCE, leaving said South boundary North 30 degrees 26 minutes 46 seconds West, a distance of 223.94 feet; THENCE, North 59 degrees 33 minutes 14 seconds East, a distance of 99.99 feet; THENCE, North 30 degrees 26 minutes 46 seconds West, a distance of 2270.45 feet to a point in the West boundary of the East half of the Southeast quarter of said Section 25; THENCE, along said West boundary North 00 degrees 28 minutes 01 seconds West, a distance of 427.75 feet to the Northwest corner of said East half of the Southeast quarter; THENCE, along the North boundary of the South half of said Section 25, South 89 degrees 32 minutes 12 seconds West, a distance of 246.76 feet; THENCE, leaving said North boundary North 30 degrees 26 minutes 46 seconds West, a distance of 1266.83 feet; THENCE, South 59 degrees 33 minutes 14 seconds West, a distance of 99.99 feet; THENCE, North 34 degrees 49 minutes 22 seconds West, a distance of 406.64 feet; THENCE, North 50 degrees 48 minutes 00 seconds East, a distance of 99.99 feet; THENCE, North 39 degrees 12 minutes 00 seconds West, a distance of 326.34 feet to a point in the West boundary of said East half of Section 25; THENCE, along said West boundary North 00 degrees 27 minutes 16 seconds West, a distance of 938.98 feet to the North quarter corner of said Section 25; Marana Town Council Regular Meeting February 21, 2023 Page 112 of 208 Order No. 20000962-020-RES-DP9 EXHIBIT A (Continued) This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Fidelity National Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I— Requirements; and Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 27C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016)Page 4 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. THENCE, along the North boundary of said Section 25 North 89 degrees 33 minutes 18 seconds East, a distance of 913.24 feet to a point that bears South 89 degrees 33 minutes 18 seconds West 1730.47 feet from the Northeast corner of said Section 25; THENCE, leaving said North boundary South 39 degrees 12 minutes 00 seconds East, a distance of 798.10 feet; THENCE, South 30 degrees 26 minutes 46 seconds East, a distance of 2464.96 feet to a point in the East boundary of said Section 25 that bears South 00 degrees 28 minutes 45 seconds East 2757.07 feet from the Northeast corner of said Section 25; THENCE, along said East boundary South 00 degrees 28 minutes 45 seconds East, a distance of 2519.46 feet to the point of BEGINNING. FURTHER EXCEPT that portion lying Northeasterly of the Northeasterly line of that portion described in Judgment recorded in Docket 7780, Page 3 described as follows: BEGINNING at the Southeast corner of said Section 25; THENCE, along the South boundary of said Section 25, South 89 degrees 31 minutes 37 seconds West, a distance of 163.21 feet to a point that bears North 89 degrees 31 minutes 37 seconds East 2482.79 feet from the South quarter corner of said Section 25; THENCE, leaving said South boundary North 30 degrees 26 minutes 46 seconds West, a distance of 223.94 feet; THENCE, North 59 degrees 33 minutes 14 seconds East, a distance of 99.99 feet; THENCE, North 30 degrees 26 minutes 46 seconds West, a distance of 2270.45 feet to a point in the West boundary of the East half of the Southeast quarter of said Section 25; THENCE, along said West boundary North 00 degrees 28 minutes 01 seconds West, a distance of 427.75 feet to the Northwest corner of said East half of the Southeast quarter; THENCE, along the North boundary of the South half of said Section 25, South 89 degrees 32 minutes 12 seconds West, a distance of 246.76 feet; THENCE, leaving said North boundary North 30 degrees 26 minutes 46 seconds West, a distance of 1266.83 feet; THENCE, South 59 degrees 33 minutes 14 seconds West, a distance of 99.99 feet; THENCE, North 34 degrees 49 minutes 22 seconds West, a distance of 406.64 feet; THENCE, North 50 degrees 48 minutes 00 seconds East, a distance of 99.99 feet; THENCE, North 39 degrees 12 minutes 00 seconds West, a distance of 326.34 feet to a point in the West boundary of said East half of Section 25; Marana Town Council Regular Meeting February 21, 2023 Page 113 of 208 Order No. 20000962-020-RES-DP9 EXHIBIT A (Continued) This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Fidelity National Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I— Requirements; and Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 27C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016)Page 5 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. THENCE, along said West boundary North 00 degrees 27 minutes 16 seconds West, a distance of 938.98 feet to the North quarter corner of said Section 25; THENCE, along the North boundary of said Section 25 North 89 degrees 33 minutes 18 seconds East, a distance of 913.24 feet to a point that bears South 89 degrees 33 minutes 18 seconds West 1730.47 feet from the Northeast corner of said Section 25; THENCE, leaving said North boundary South 39 degrees 12 minutes 00 seconds East, a distance of 798.10 feet; THENCE, South 30 degrees 26 minutes 46 seconds East, a distance of 2464.96 feet to a point in the East boundary of said Section 25 that bears South 00 degrees 28 minutes 45 seconds East 2757.07 feet from the Northeast corner of said Section 25; THENCE, along said East boundary South 00 degrees 28 minutes 45 seconds East, a distance of 2519.46 feet to the point of BEGINNING. (Parcel No. 2 and Parcel No. 3 below comprise APN: 217-33-002Q, 217-33-002N, 217-33-002R, 217-33-002P and 217-33-002K) Parcel No. 2: The Northwest quarter of Section 25, Township 11 South, Range 11 East of the Gila and Salt River Base and Meridian, Pima County, Arizona; EXCEPT any portion of the West half of said Section 25, conveyed in Docket 7659, Page 5, being more particularly described as follows: BEGINNING at the Northwest corner of said Section 25; Thence along the North boundary of said Section 25, North 89 degrees 33 minutes 18 seconds East recorded (North 89 degrees 45 minutes 44 seconds West, measured), a distance of 1890.12 feet recorded (1889.77 feet, measured) to the TRUE POINT OF BEGINNING; Thence continuing along said North boundary, North 89 degrees 33 minutes 18 seconds East recorded (North 89 degrees 45 minutes 44 seconds West, measured), a distance of 753.59 to the Northeast corner of said West half of Section 25; Thence along the East boundary of said West half, South 00 degrees 27 minutes 16 seconds East recorded (South 00 degrees 12 minutes 48 seconds East, measured), a distance of 938.98 feet to the point that bears North 00 degrees 27 minutes 16 seconds West recorded (North 00 degrees 12 minutes 48 seconds West, measured), 4338.86 feet distant from the South quarter corner of said Section 25; Thence leaving said East boundary, North 39 degrees 12 minutes 00 seconds West recorded (North 38 degrees 31 minutes 35 seconds West, measured), a distance of 1204.08 feet recorded (1204.24 feet measured) to the TRUE POINT OF BEGINNING; AND FURTHER EXCEPT that portion conveyed in Docket 9675, Page 1348 described as follows: Marana Town Council Regular Meeting February 21, 2023 Page 114 of 208 Order No. 20000962-020-RES-DP9 EXHIBIT A (Continued) This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Fidelity National Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I— Requirements; and Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 27C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016)Page 6 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. That portion of the West half of Section 25, Township 11 South, Range 11 East of the Gila and Salt River Base and Meridian, Pima County, Arizona, further described as follows: COMMENCING at the Northwest corner of said Section 25; Thence South 00 degrees 02 minutes 54 seconds East, along the West line of said Section 25, a distance of 1980.22 feet to the TRUE POINT OF BEGINNING; Thence North 89 degrees 55 minutes 01 seconds East, 1624.60 feet; Thence along a curve to the right, being concave to the West, having a radius of 1280.73 feet, a central angle of 29 degrees 58 minutes 59 seconds and arc length of 670.21 feet; Thence South 10 degrees 00 minutes 00 seconds West, 604.97 feet; Thence North 80 degrees 00 minutes 00 seconds West, 1453.52 feet to a point of curve: Thence on a curve to the left, concave to the South, having a radius of 1250.00 feet, a central angle of 6 degrees 41 minutes 34 seconds, an arc length of 146.01 feet to the West Section line of said Section 25; Thence North 00 degrees 02 minutes 40 seconds West, along the Section line, 324.03 feet to the West quarter corner thereof; Thence North 00 degrees 02 minutes 54 seconds West, along said Section line, 660.16 feet to the TRUE POINT OF BEGINNING; AND FURTHER EXCEPT that portion described as Parcel 3 Docket 8874, Page 1453, described as follows:: That portion of the West half of Section 25, Township 11 South, Range 11 East of the Gila and Salt River Base and Meridian, Pima County, Arizona, described as follows: BEGINNING at the Northwest comer of said Section 25; Thence North 89 degrees 56 minutes 32 seconds East along the North line of said Section 25, a distance of 1652.23 feet to the TRUE POINT OF BEGINNING; Thence North 89 degrees 56 minutes 32 seconds East, a distance of 237.65 feet to a point on the Westerly right of way line of the Central Arizona Project: Thence South 38 degrees 50 minutes 13 seconds East along said right of way line, a distance of 1203.99 feet to a point on the North and South mid-section line of said Section 25: Thence South 00 degrees 04 minutes 54 seconds East, along said North and South mid-section line of said Section 25, a distance of 1700.41 feet to the center of said Section 25: Marana Town Council Regular Meeting February 21, 2023 Page 115 of 208 Order No. 20000962-020-RES-DP9 EXHIBIT A (Continued) This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Fidelity National Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I— Requirements; and Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 27C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016)Page 7 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Thence South 00 degrees 04 minutes 54 seconds East, along said North and South mid-section line of said Section 25, a distance of 785.77 feet to a point; Thence North 80 degrees 00 minutes 00 seconds West, a distance of 1086.07 feet to a point; Thence North 10 degrees 00 minutes 00 seconds East, a distance of 604.97 feet to the point of curvature of a 1280.73 foot radius curve concave to the Southwest; Thence Northerly along said curve through a central angle of 59 degrees 15 minutes 14 seconds, a distance of 1324.50 feet to a point having a radial bearing of South 40 degrees 44 minutes 46 seconds West; Thence North 26 degrees 37 minutes 26 seconds East, a distance of 880.17 feet to a point; Thence North 00 degrees 04 minutes 09 seconds West, a distance of 659.86 feet to a point on the North line of said Section 25 and the TRUE POINT OF BEGINNING. FURTHER EXCEPTING THEREFROM that portion conveyed to the Town of Marana, an Arizona municipal corporation by Special Warranty Deed recorded July 2, 2018 at Recording No. 20181830679. Parcel No. 3: That portion of the West Half of Section 25, Township 11 South, Range 11 East of the Gila and Salt River Base and Meridian, Pima County. Arizona, further described as follows: COMMENCING at the Northwest comer of said Section 25; Thence North 89 degrees 56 minutes 32 seconds East, along the North Section line, a distance of 1652.23 feet to the TRUE POINT OF BEGINNING: Thence continuing North 89 degrees 56 minutes 32 seconds East, 237.65 feet: Thence South 38 degrees 50 minutes 13 seconds East, 1203.99 feet to a point on the center Section line; Thence South 00 degrees 04 minutes 54 seconds East, along said center Section line, a distance of 1040.26 feet; Thence South 89 degrees 55 minutes 01 seconds West, 1020.12 feet; Thence along a curve to the left, concave to the Southwest, having a radius of 1280.73 feet, a central angle of 29 degrees 16 minutes 15 seconds, an arc length of 654.29 feet; Thence North 26 degrees 37 minutes 26 seconds East, a distance of 880.17 feet; Thence North 00 degrees 04 minutes 09 seconds West, 659.86 feet to the TRUE POINT OF BEGINNING. EXCEPTING THEREFROM that portion conveyed to the Town of Marana, an Arizona municipal corporation by Special Warranty Deed recorded July 2, 2018 at Recording No. 20181830679. Marana Town Council Regular Meeting February 21, 2023 Page 116 of 208 Order No. 20000962-020-RES-DP9 EXHIBIT A (Continued) This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Fidelity National Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I— Requirements; and Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 27C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016)Page 8 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. APN: 217-33-002L, 217-33-002K, 217-33-002C, 217-33-001E/217-33-001F Marana Town Council Regular Meeting February 21, 2023 Page 117 of 208 © Latitude Geographics Group Ltd. 1.1 THIS MAP IS NOT TO BE USED FOR NAVIGATION WGS_1984_Web_Mercator_Auxiliary_Sphere Miles1.1 Notes Legend 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 may or may not be accurate, current, or otherwise reliable. 0.570 1:36,112 PCZ2110-003 Stonegate East RezoningTown of Marana Planning Marana Town Limits Parcel Labels Parcels (Black) A d o n i s R o a dAdonis Road Tangerine Road PCZ2110-003 Stonegate In t e r s t a t e 1 0 Marana Town Council Regular Meeting February 21, 2023 Page 118 of 208 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 Tortolita Valley East Rezoning 777 Please see attached list 165 Please see attached list CLB Real Property Holding Company LLC Carson Brown 1121 W Warner Rd #109 Tempe AZ 85284 Carson@WHoldings.com (480) 831-2000 Same Paradigm Land Design LLC Paul Oland 7090 N Oracle Rd #178-193 Tucson AZ 85704 GPO@ParadigmLand.US (520) 664-4304 Paul Oland Paul Oland Digitally signed by Paul Oland Date: 2021.10.15 16:20:55 -07'00'10/15/2021 Marana Town Council Regular Meeting February 21, 2023 Page 119 of 208 STONEGATE EAST REZONING SITE ANALYSIS (PCZ2110-003) PREPARED BY: CONTACT: PAUL OLAND GPO@PARADIGMLAND.US (520) 664-4304 IN COLLABORATION WITH: MARCH 2022 Marana Town Council Regular Meeting February 21, 2023 Page 120 of 208 PARADIGM #20BYA01 G:\Projects\20by Artco Ranch\a01 Rezone\0230\Site Analysis\Artco Site Analysis (Sub 3).docx Marana Town Council Regular Meeting February 21, 2023 Page 121 of 208 Stonegate East Site Analysis Table of Contents i TABLE OF CONTENTS I. Introduction .......................................................................................................................... 4 A. Project Overview ..................................................................................................................................... 4 B. Primary Objectives .................................................................................................................................. 4 C. Marana Strategic Plan Compliance .......................................................................................................... 4 II. Inventory & Analysis .............................................................................................................. 5 A. Existing Land Uses ................................................................................................................................... 5 1. Site Location ........................................................................................................................................................ 5 2. Existing Land Uses, Onsite Zoning & General Plan ............................................................................................... 5 3. Existing Adjacent Zoning and Land Uses within ¼-Mile of the Property .............................................................. 6 Exhibit II-A-1: Site Location Map ................................................................................................................................. 8 Exhibit II-A-2: Existing Land Uses ................................................................................................................................ 9 Exhibit II-A-3: Existing General Plan Land Uses ......................................................................................................... 10 Exhibit II-A-4: Existing Zoning ................................................................................................................................... 11 B. Topography and Slope ........................................................................................................................... 12 1. Topographic Characteristics .............................................................................................................................. 12 2. Pre-Development Slope ..................................................................................................................................... 12 Exhibit II-B-1: Topography ........................................................................................................................................ 13 C. Hydrology .............................................................................................................................................. 14 1. Offsite Features Affecting Site ........................................................................................................................... 14 2. Acreage of Upstream Offsite Watersheds ......................................................................................................... 14 3. Onsite Hydrology Characteristics ....................................................................................................................... 15 4. Existing Drainage Conditions along the Downstream Property Boundary ......................................................... 16 Exhibit II-C-1: Onsite Hydrology ................................................................................................................................ 17 Exhibit II-C-2: FEMA Floodplain ................................................................................................................................ 18 D. Vegetation ............................................................................................................................................ 19 1. Onsite Vegetative Communities ........................................................................................................................ 19 2. Significant, Threatened, or Endangered Flora ................................................................................................... 19 3. Vegetative Densities .......................................................................................................................................... 19 Exhibit II-D-1: Vegetation.......................................................................................................................................... 20 E. Wildlife ................................................................................................................................................. 21 Exhibit II-E-1: AZGFD Report ..................................................................................................................................... 22 Marana Town Council Regular Meeting February 21, 2023 Page 122 of 208 Stonegate East Site Analysis Table of Contents ii F. Soils and Geology .................................................................................................................................. 34 1. Soils .................................................................................................................................................................... 34 2. Geology .............................................................................................................................................................. 34 Exhibit II-F-1: Hydrologic Soils .................................................................................................................................. 35 G. Viewsheds ............................................................................................................................................. 36 1. Viewsheds from Adjacent Properties ................................................................................................................. 36 2. Views which may be Blocked by the Proposed Development ........................................................................... 36 3. Site Visibility ....................................................................................................................................................... 36 Exhibit II-G-1: Viewsheds .......................................................................................................................................... 37 Exhibit II-G-2: Viewshed Photographs....................................................................................................................... 38 H. Traffic.................................................................................................................................................... 56 1. Existing / Proposed Offsite Streets between the Development and Nearest Arterial Streets ........................... 56 Exhibit II-H-1: Roadway Network ............................................................................................................................. 58 I. Recreation and Trails ............................................................................................................................. 59 Exhibit II-I-1: Trails, Parks & Recreation .................................................................................................................... 60 J. Cultural, Archaeological, and Historic Resources .................................................................................... 61 1. Onsite Resources ............................................................................................................................................... 61 2. Archaeological Records ...................................................................................................................................... 61 Exhibit II-E-1: WestLand Resources Cultural Resources Report ................................................................................. 62 K. Existing Infrastructure and Public Facilities ............................................................................................ 63 1. Sewer ................................................................................................................................................................. 63 2. Water ................................................................................................................................................................. 63 3. Natural Gas ........................................................................................................................................................ 63 4. Electric ............................................................................................................................................................... 63 5. Fire Service......................................................................................................................................................... 63 6. Police Service ..................................................................................................................................................... 63 Exhibit II-K-1: Existing Wells & Septic Systems .......................................................................................................... 64 Exhibit II-L-1: McHarg Composite Map ..................................................................................................................... 65 Marana Town Council Regular Meeting February 21, 2023 Page 123 of 208 Stonegate East Site Analysis Table of Contents iii III. Land Use Proposal ................................................................................................................66 A. Purpose & Intent ................................................................................................................................... 66 B. Relationship to Town of Marana Adopted Plans ..................................................................................... 66 C. Compatibility to Adjoining Development ............................................................................................... 66 D. Land Use Proposal ................................................................................................................................. 66 Exhibit III-D-1: Proposed Zoning ............................................................................................................................... 67 Exhibit III-D-2: Preliminary Development Plan (PDP) ................................................................................................ 68 E. Grading Concept ................................................................................................................................... 69 F. Post-Development Hydrology ................................................................................................................ 69 Exhibit III-F-1: Post-Development Hydrology ............................................................................................................ 70 G. Vegetation & Landscaping ..................................................................................................................... 71 H. Wildlife ................................................................................................................................................. 71 I. Viewsheds ............................................................................................................................................. 71 J. Traffic.................................................................................................................................................... 72 K. Public Utilities ....................................................................................................................................... 76 1. Water ................................................................................................................................................................. 76 2. Sewer ................................................................................................................................................................. 76 3. Electric ............................................................................................................................................................... 76 4. Natural Gas ........................................................................................................................................................ 76 5. Telecommunications .......................................................................................................................................... 76 Exhibit III-K-1: Preliminary Potable Water Plan......................................................................................................... 77 Exhibit III-K-2: Preliminary Sewer Plan ...................................................................................................................... 78 L. Public Service Impacts ........................................................................................................................... 79 1. Police ................................................................................................................................................................. 79 2. Fire ..................................................................................................................................................................... 79 3. Trash & Recycling ............................................................................................................................................... 79 4. Schools ............................................................................................................................................................... 79 5. Parks .................................................................................................................................................................. 79 Exhibit III-L-1: School District Letter .......................................................................................................................... 80 M. Recreation & Trails ................................................................................................................................ 81 N. Cultural, Archaeological & Historic Resources ........................................................................................ 81 Marana Town Council Regular Meeting February 21, 2023 Page 124 of 208 Stonegate East Site Analysis II. Inventory & Analysis 4 I. INTRODUCTION A. PROJECT OVERVIEW The Property subject to this rezoning request (the “Property”) is proposed to be developed residentially as part of an assemblage of properties including the existing Tortolita Shadows Specific Plan and Rancho Marana Specific Plan, both of which are adjacent to the Property and both of which allow more intense land uses in areas closer to Interstate-10. The Property is 165 acres and is proposed to house up to 777 units and have an overall density of up to 4.7 homes per acre. In this document the overall assemblage is referred to as the Stonegate Master Plan, and totals approximately 685 acres. The Make Marana 2040 General Plan’s “Traditional Neighborhood” designation is appropriate for the Property, as proposed. The Property has been subject to grazing and/or farming for many years and is surrounded by undeveloped parcels. This document has been prepared in support of a request to rezone the Property from “E Transportation Corridor” to “MR-1 Multi-Family Residential,” “R-4 Residential,” and "R-5 Residential” in order to allow the development as proposed. B. PRIMARY OBJECTIVES • Provide much needed high-quality, energy efficient, single-family detached homes for new residents wishing to live in the Town of Marana. Homebuyers continue to exhibit very strong demand for new homes in this northwest part of the greater Tucson metropolitan area. • Provide a variety of residential options to accommodate moderate-income families. • Construct a residential community that is compatible with both existing and future surrounding land uses. • Provide additional recreational opportunities in this part of Marana. • By assembling the Stonegate Master Plan, the developers are building on the previous master planning and zoning of the Tortolita Shadows Specific Plan and Rancho Marana East Specific Plan to include what would otherwise be piecemeal development parcels between those two specific plans and the CAP canal. C. MARANA STRATEGIC PLAN COMPLIANCE The Town of Marana Strategic Plan calls for new developments and neighborhoods to create areas with meaningful open space, trail connectivity, and active recreation areas. This Property within the Stonegate Master Plan will fulfill all these requirements by providing recreation areas and trail connections in accordance with the Town’s recreational design standards. Marana Town Council Regular Meeting February 21, 2023 Page 125 of 208 Stonegate East Site Analysis II. Inventory & Analysis 5 II. INVENTORY & ANALYSIS The purpose of the Inventory & Analysis section of this document is to catalog the various developmental opportunities and constraints impacting the property in order to provide a meaningful and relevant context for the development proposal detailed in Section III of this document. Through careful consideration of these existing conditions a design can be deemed compatible with its surroundings and appropriate for the area. A. EXISTING LAND USES 1. Site Location The Property, which is comprised of two separate areas, is located between the western edge of the CAP canal and the Tortolita Shadows Specific Plan and Rancho Marana East Specific Plan, approximately one-half mile east of Interstate-10 between the alignments of Moore Road and Grier Road within Section 25, Township 11, Range 11 East, Town of Marana, Arizona. The Property lies along to the north and east of the Tortolita Shadows Specific Plan and totals approximately 165 acres and includes Assessor Parcels 217-33-001E, 217-33-001F, 217-33-002K, 217-33-002N, 217-33-002P, 217-33-002Q & 217-33-002R. See Exhibit II-A-1: Site Location Map. The Project’s administrative address is 13106 N. Patton Rd., Marana, AZ 85658. 2. Existing Land Uses, Onsite Zoning & General Plan The Property is currently undeveloped and vacant. See Exhibit II-A-2: Existing Land Uses. The Property is currently zoned E (Transportation Corridor). See Exhibit II-A-4: Existing Zoning. The Make Marana 2040 General Plan designates the Property as Traditional Neighborhood within the “Central Growth Area”. As stated in the General Plan, this Central Growth Area is projected to become the main “Downtown” area for the Town of Marana. With lots of space for growth, this area is envisioned to include event and gathering spaces, shops, entertainment destinations, and employment opportunities. New residential developments such as the Tortolita Shadows Master Plan will help support robust commercial activity throughout Downtown. The Master Plan, including the Property, will provide a variety of housing types and price ranges to promote growth near Downtown Marana. See Exhibit II-A-3: Existing General Plan Land Uses. Marana Town Council Regular Meeting February 21, 2023 Page 126 of 208 Stonegate East Site Analysis II. Inventory & Analysis 6 3. Existing Adjacent Zoning and Land Uses within ¼-Mile of the Property a. Surrounding Zoning & Land Uses The Property is surrounded by properties featuring the following zoning designations and land uses. See Exhibit II-A-2: Existing Land Uses and Exhibit II-A-4: Existing Zoning. N: Existing zoning: A-Small Lot Zone & AG Agricultural Existing land use: CAP Canal & Arizona State Land NE: Existing zoning: A-Small Lot Zone & AG Agricultural Existing land use: CAP Canal & Arizona State Land E: Existing zoning: AG Agricultural Existing land use: CAP Canal & Arizona State Land SE: Existing zoning: AG Agricultural & Specific Plan Existing land use: CAP Canal & Undeveloped S: Existing zoning: Specific Plan Existing land use: Interstate 10 Frontage Road & Undeveloped SW: Existing zoning: Specific Plan Existing land use: Interstate 10 Frontage Road & Artco W: Existing zoning: Specific Plan Existing land use: Artco NW: Existing zoning: AG Agricultural Existing land use: Arizona State Land b. Surrounding Building Heights There are no structures nearby the Property. c. Nearby Pending Rezonings There are no pending rezonings within one-quarter mile. Marana Town Council Regular Meeting February 21, 2023 Page 127 of 208 Stonegate East Site Analysis II. Inventory & Analysis 7 d. Nearby Approved Rezonings The Rancho Marana East Specific Plan is immediately adjacent to the Property’s western boundary. The Property is along the Tortolita Shadows Specific Plan’s northern and eastern boundaries. Both specific plans are part of the Stonegate Master Plan. The Mandarina Specific Plan is immediately south of the Property. A Conditional Use Permit (CUP2110-001) was recently approved in the southwest corner of the Stonegate Master Plan to permit single-family homes within 1,000 feet of the Union Pacific Railroad. e. Nearby Approved Subdivisions & Development Plans The Adonis Mobile Home Park is a little more than a half-mile west of the Property. A portion of the Rancho Marana East Specific Plan was platted in 1999 as La Mirage Estates, but that plat is planned to be abandoned as part of the development of the overall Stonegate Master Plan. f. Architectural Styles used in Adjacent Properties Adjacent properties are not developed. The nearest development is the Adonis Mobile Home Park, which is approximately one-half mile west of the Property. Architectural styles in that development are typical of prefabricated homes. The Adonis Mobile Home Park Marana Town Council Regular Meeting February 21, 2023 Page 128 of 208 Marana Town Council Regular Meeting February 21, 2023 Page 129 of 208 Marana Town Council Regular Meeting February 21, 2023 Page 130 of 208 Marana Town Council Regular Meeting February 21, 2023 Page 131 of 208 Marana Town Council Regular Meeting February 21, 2023 Page 132 of 208 Stonegate East Site Analysis II. Inventory & Analysis 12 B. TOPOGRAPHY AND SLOPE 1. Topographic Characteristics The topography of the Property is characterized by relatively flat terrain. The property generally slopes gently downward from northeast to southwest. Elevations range from approximately 2,046 feet above sea level at the northeast corner to approximately 2,010 feet above sea level at the southwest corner of the property. The Property does not contain any hillside conservation areas, rock outcrops, slopes of 15% or greater, or other significant topographic features. See Exhibit II-B-1: Topography. 2. Pre-Development Slope a. Average Cross-Slope The pre-development average cross-slope of the Property is approximately 1.8%, according to the following formula: C = Contour Interval L = Length of Topographic Contours A = Acreage of Property (C x L x 0.0023) / A = Average Cross Slope (1’ x 126,180’ x 0.0023) / 165.2 = 1.8% b. Average Overall Slope The pre-development average overall slope is 1.3% from the northeast corner to the southwest corner of the project boundary. A Relatively Flat Site Marana Town Council Regular Meeting February 21, 2023 Page 133 of 208 Marana Town Council Regular Meeting February 21, 2023 Page 134 of 208 Stonegate East Site Analysis II. Inventory & Analysis 14 C. HYDROLOGY This section of the site analysis was prepared by Bowman Engineering and describes pre-development onsite hydrologic and hydraulic characteristics relative to the overall Stonegate Master Plan because the rezoning property is integrally connected to the overall drainage design. 1. Offsite Features Affecting Site There are several drainage features impacting the site drainage conditions. Upstream of the site, there are two drainage crossings of the CAP channel that will discharge at the site boundary. Downstream of the site there are three drainage crossings of the existing Union Pacific Railroad that will divert flow away from the site. Please see Exhibit II-C-1: Onsite Hydrology. 2. Acreage of Upstream Offsite Watersheds The offsite watershed contributing area impacting this property on the northerly property limits is approximately 31,000± acres (48± sq. mi.). The offsite watershed is characterized by shallow undeveloped areas, with sparse vegetation draining southwesterly from the Tortolita Mountains before being rerouted southeasterly by the CAP Canal and away from the site. However, a portion of the offsite runoff enters the site at Concentration Points I, II & III. Please see Exhibit II-C-1: Onsite Hydrology. The remainder of the watershed runoff is conveyed southeasterly to Tangerine Road where it is routed west onto the I-10 and UPRR facilities. The flow is routed northwesterly from Tangerine Road along the UPRR facilities before entering the site’s southwestern corner, adjacent to the future Mandarina development and associated improvements (Concentration Point IV). A recent study (Existing Conditions Two-Dimensional Hydraulic Modeling Study Report; CMG Drainage Engineering Inc 2020) for the Town of Marana Northwest Area Drainage Master Plan areas East of the Santa Cruz River calculated the design flows for the upstream watershed and associated concentration points, including the following adjacent to the site: Concentration Point Q100 (CFS) I 319 II 490 III 737 IV 3,207 This flow is routed across the property, northwesterly along the east side of the adjacent UPRR berm. There are three drainageway crossings that divert some of the flow west and across the I-10 and UPRR rights-of-way (Please see Exhibit II-C-1: Onsite Hydrology, Concentration Point V, VI, VII). The flow exits the site at Concentration Point VIII. Marana Town Council Regular Meeting February 21, 2023 Page 135 of 208 Stonegate East Site Analysis II. Inventory & Analysis 15 A Floodplain Permit obtained by the Union Pacific RR (Olson 2008) provides the design flows for the diversion flows exiting the site. The diversion concentration points and associated design flows are depicted on Exhibit II-C-1: Onsite Hydrology and summarized as follows: Concentration Point Q100 (CFS) V 75 VI 916 VII 1,695 VIII 2,074 3. Onsite Hydrology Characteristics The previously mentioned study provided the existing drainage conditions for the site as follows: a. 100-Year Floodplains with Discharges ≥ 50 CFS with flow depths greater than 0.2’ There are a total of eight floodplain cross-sections provided by the study Flo-2d model within or adjacent to the project site. These floodplain cross-sections provided the associated design flows that are depicted on Exhibit II-C-1: Onsite Hydrology. b. Areas of Sheet Flooding and Average Depths Historically, the site and offsite areas have been characterized as sheet flooding areas with depths ranging from 1 to 3 feet (Refer to FEMA FIRM Panels 1014C 1030L & 1035L) depicted on Exhibit II-C-2: FEMA Floodplain. However, The CAP channel concentrates the sheet flooding areas (Within Watershed I) before entering onto the site. Currently the site is impacted by concentrated flows at the drainageway crossings over the CAP channel. The flows then disperse onto narrow sheet flooding areas with a 1-foot depth. Similarly, the Railroad improvements have concentrated the flow (Within Watershed II) along its easterly berm and conveyed the runoff northwesterly entering the site at the southwesterly corner and exiting the site at the northwesterly corner. c. Federally mapped floodways and floodplains The FEMA Flood Insurance Rate Map Panel 04019C1035L shows most of the Property to be in Zone X which indicates “areas determined to be outside the 0.2% annual chance floodplain”. Two small portions of the Property align with existing overshoots crossing the CAP canal, which allow some stormwater to enter the Property. Those areas are designated by FEMA as Zone AO-1 which indicates areas of 1% annual chance flooding with an average depth of 1 foot (usually sheet flow on sloping terrain). Please see Exhibit II-C-2: FEMA Floodplain. Marana Town Council Regular Meeting February 21, 2023 Page 136 of 208 Stonegate East Site Analysis II. Inventory & Analysis 16 4. Existing Drainage Conditions along the Downstream Property Boundary There is a (180’+) drainageway owned by the Town of Marana along the southwestern boundary of the Adonis mobile home subdivision that intercepts stormwater runoff from the site and offsite areas and conveys it northwesterly along and adjacent the UPRR right-of-way until it discharges at the Guild Wash (Approximately six miles north of the site). Important to note, there are several side drainageway crossings outlets discharging flow west in the direction of the Interstate-10. Moreover, I-10 contains roadway drainageway crossings that will convey said side flows toward the Santa Cruz Wash. Culverts Beneath Adonis Rd. at the Northern End of the Adonis MHP Channel Marana Town Council Regular Meeting February 21, 2023 Page 137 of 208 Marana Town Council Regular Meeting February 21, 2023 Page 138 of 208 Marana Town Council Regular Meeting February 21, 2023 Page 139 of 208 Stonegate East Site Analysis II. Inventory & Analysis 19 D. VEGETATION 1. Onsite Vegetative Communities There is sparse native vegetation onsite, consisting mainly of Sonoran Desert Scrub. There are no significant or native species within the limits of the Property. 2. Significant, Threatened, or Endangered Flora No threatened or endangered flora are known to exist onsite. 3. Vegetative Densities Vegetative density of the Property is less than 10% plant cover. See Exhibit II-D-1: Vegetation. Marana Town Council Regular Meeting February 21, 2023 Page 140 of 208 Marana Town Council Regular Meeting February 21, 2023 Page 141 of 208 Stonegate East Site Analysis II. Inventory & Analysis 21 E. WILDLIFE The Arizona Game and Fish Department’s online review tool has been consulted, and the Environmental Review report, dated May 14, 2021, indicates that several federally listed species have been known to exist in the vicinity of this development. Any protected species encountered onsite will be handled according to applicable regulatory criteria. See Exhibit II-E-1: AZGFD Report. Marana Town Council Regular Meeting February 21, 2023 Page 142 of 208 Stonegate East Site Analysis II. Inventory & Analysis 22 Exhibit II-E-1: AZGFD Report Marana Town Council Regular Meeting February 21, 2023 Page 143 of 208 Stonegate East Site Analysis II. Inventory & Analysis 23 Exhibit II-E-1: AZGFD Report (cont’d) Marana Town Council Regular Meeting February 21, 2023 Page 144 of 208 Stonegate East Site Analysis II. Inventory & Analysis 24 Exhibit II-E-1: AZGFD Report (cont’d) Marana Town Council Regular Meeting February 21, 2023 Page 145 of 208 Stonegate East Site Analysis II. Inventory & Analysis 25 Exhibit II-E-1: AZGFD Report (cont’d) Marana Town Council Regular Meeting February 21, 2023 Page 146 of 208 Stonegate East Site Analysis II. Inventory & Analysis 26 Exhibit II-E-1: AZGFD Report (cont’d) Marana Town Council Regular Meeting February 21, 2023 Page 147 of 208 Stonegate East Site Analysis II. Inventory & Analysis 27 Exhibit II-E-1: AZGFD Report (cont’d) Marana Town Council Regular Meeting February 21, 2023 Page 148 of 208 Stonegate East Site Analysis II. Inventory & Analysis 28 Exhibit II-E-1: AZGFD Report (cont’d) Marana Town Council Regular Meeting February 21, 2023 Page 149 of 208 Stonegate East Site Analysis II. Inventory & Analysis 29 Exhibit II-E-1: AZGFD Report (cont’d) Marana Town Council Regular Meeting February 21, 2023 Page 150 of 208 Stonegate East Site Analysis II. Inventory & Analysis 30 Exhibit II-E-1: AZGFD Report (cont’d) Marana Town Council Regular Meeting February 21, 2023 Page 151 of 208 Stonegate East Site Analysis II. Inventory & Analysis 31 Exhibit II-E-1: AZGFD Report (cont’d) Marana Town Council Regular Meeting February 21, 2023 Page 152 of 208 Stonegate East Site Analysis II. Inventory & Analysis 32 Exhibit II-E-1: AZGFD Report (cont’d) Marana Town Council Regular Meeting February 21, 2023 Page 153 of 208 Stonegate East Site Analysis II. Inventory & Analysis 33 Exhibit II-E-1: AZGFD Report (cont’d) Marana Town Council Regular Meeting February 21, 2023 Page 154 of 208 Stonegate East Site Analysis II. Inventory & Analysis 34 F. SOILS AND GEOLOGY 1. Soils Soils in the vicinity of this development are classified by the U.S. Natural Resources Conservation Service (NRCS) as 100% “Soil Group A” (Vinton-anthony sandy loams), 100% “Soil Group B” hydrologic soil group (Agua very fine sandy loam and Gila loam, 0 to 1 percent slopes), and 100% “Soil Group C” (sandy clay loam). Detailed geotechnical investigation will be performed prior to development. See Exhibit II-F-1: Hydrologic Soils. 2. Geology The Property lies within the Santa Cruz River basin valley. According to the Arizona Geological Survey’s online Geologic Map of Arizona (data.azgs.az.gov/geologic-map-of-arizona/) the Property’s geology is described as “Quaternary Surficial deposits, undivided (0-2 Ma): Unconsolidated to strongly consolidated alluvial and eolian deposits. This unit includes coarse, poorly sorted alluvial fan and terrace deposits on middle and upper piedmonts and along large drainages; sand, silt and clay on alluvial plains and playas; and wind-blown sand deposits.” Marana Town Council Regular Meeting February 21, 2023 Page 155 of 208 Marana Town Council Regular Meeting February 21, 2023 Page 156 of 208 Stonegate East Site Analysis II. Inventory & Analysis 36 G. VIEWSHEDS 1. Viewsheds from Adjacent Properties Primary views from the Property are of flat sandy stretches scattered with desert brush, Tortolita Mountains and Catalina Mountains to the northeast and the Tucson Mountains to the south. Due to the distance to these mountain ranges, and the extremely flat nature of the Property and the surrounding areas, the views are minimal. Development of the Property will not block these views for existing residents in the area. See Exhibit II-G-1: Viewsheds and Exhibit II-G-2: Viewshed Photographs. 2. Views which may be Blocked by the Proposed Development None. 3. Site Visibility Due to the lack of existing vegetation and the relatively even and flat nature of the topography, views into the Property are excellent and have only minor sight restrictions across the entire property. However, from the east, there is some restriction of site visibility due to the berm bordering the CAP canal. View to the Northeast Across the Property Toward the Tortolita Mountains & Catalina Mountains Marana Town Council Regular Meeting February 21, 2023 Page 157 of 208 Marana Town Council Regular Meeting February 21, 2023 Page 158 of 208 Stonegate East Site Analysis II. Inventory & Analysis 38 Exhibit II-G-2: Viewshed Photographs Photo Location #1: Looking North along the Western Boundary of the Northern Portion of the Property Photo Location #1: Looking Northeast into the Northern Portion of the Property Marana Town Council Regular Meeting February 21, 2023 Page 159 of 208 Stonegate East Site Analysis II. Inventory & Analysis 39 Exhibit II-G: Viewshed Photographs (cont’d) Photo Location #1: Looking East into the Northern Portion of the Property Photo Location #1: Looking South along the Western Boundary of the Northern Portion of the Property Marana Town Council Regular Meeting February 21, 2023 Page 160 of 208 Stonegate East Site Analysis II. Inventory & Analysis 40 Exhibit II-G: Viewshed Photographs (cont’d) Photo Location #3: Looking Northeast into the southern Portion of the Property Photo Location #3: Looking North along the Western Edge of the southern Portion of the Property Marana Town Council Regular Meeting February 21, 2023 Page 161 of 208 Stonegate East Site Analysis II. Inventory & Analysis 41 Exhibit II-G: Viewshed Photographs (cont’d) Photo Location #3: Looking East along the Southern Edge of the southern Portion of the Property Photo Location #3: Looking South from the Southwest Corner of the southern Portion of the Property Marana Town Council Regular Meeting February 21, 2023 Page 162 of 208 Stonegate East Site Analysis II. Inventory & Analysis 42 Exhibit II-G: Viewshed Photographs (cont’d) Photo Location #3: Looking West from the Southwest Corner of the southern Portion of the Property Photo Location #4: Looking North from the Southeast Corner of the Southern Portion of the Property. The CAP Canal Berm is Clearly Visible. Marana Town Council Regular Meeting February 21, 2023 Page 163 of 208 Stonegate East Site Analysis II. Inventory & Analysis 43 Exhibit II-G: Viewshed Photographs (cont’d) Photo Location #4: Looking East from the Southeast Corner of the Southern Portion of the Property. The CAP Canal Berm is Clearly Visible. Photo Location #4: Looking South from the Southeast Corner of the Southern Portion of the Property Marana Town Council Regular Meeting February 21, 2023 Page 164 of 208 Stonegate East Site Analysis II. Inventory & Analysis 44 Exhibit II-G: Viewshed Photographs (cont’d) Photo Location #4: Looking West along the Southern Boundary of the Southern Portion of the Property Photo Location #4: Looking Northwest into the Property from the Southeast Corner of the Southern Portion of the Property Marana Town Council Regular Meeting February 21, 2023 Page 165 of 208 Stonegate East Site Analysis II. Inventory & Analysis 45 Exhibit II-G: Viewshed Photographs (cont’d) Photo Location #4: A US Bureau of Reclamation Survey Monument along the CAP Canal Photo Location #5: Looking North from a Point Near the Center of the Property’s Eastern Edge Along the CAP Canal Marana Town Council Regular Meeting February 21, 2023 Page 166 of 208 Stonegate East Site Analysis II. Inventory & Analysis 46 Exhibit II-G: Viewshed Photographs (cont’d) Photo Location #5: Looking East from a Point Near the Center of the Property’s Eastern Edge Along the CAP Canal Photo Location #5: Looking Southeast Along the Eastern Edge of the Southern Portion of the Property Marana Town Council Regular Meeting February 21, 2023 Page 167 of 208 Stonegate East Site Analysis II. Inventory & Analysis 47 Exhibit II-G: Viewshed Photographs (cont’d) Photo Location #5: Looking South into the Southern Portion of the Property Photo Location #5: Looking West from a Point Near the Center of the Property’s Eastern Edge Marana Town Council Regular Meeting February 21, 2023 Page 168 of 208 Stonegate East Site Analysis II. Inventory & Analysis 48 Exhibit II-G: Viewshed Photographs (cont’d) Photo Location #5: Looking Northwest into the Northern Portion of the Property Photo Location #7: Looking North from the Northeast Corner of the Northern Portion of the Property Marana Town Council Regular Meeting February 21, 2023 Page 169 of 208 Stonegate East Site Analysis II. Inventory & Analysis 49 Exhibit II-G: Viewshed Photographs (cont’d) Photo Location #7: Looking East from the Northeast Corner of the Northern Portion of the Property Photo Location #7: Looking Southeast Along the Eastern Edge of the Northern Portion of the Property Marana Town Council Regular Meeting February 21, 2023 Page 170 of 208 Stonegate East Site Analysis II. Inventory & Analysis 50 Exhibit II-G: Viewshed Photographs (cont’d) Photo Location #7: Looking South into the Northern Portion of the Property from its Northeast Corner Photo Location #7: Looking Southwest into the Northern Portion of the Property from its Northeast Corner Marana Town Council Regular Meeting February 21, 2023 Page 171 of 208 Stonegate East Site Analysis II. Inventory & Analysis 51 Exhibit II-G: Viewshed Photographs (cont’d) Photo Location #7: Looking West Along the Northern Edge of the Northern Portion of the Property Photo Location #8: Looking North from the Northwest Corner of the Northern Portion of the Property Marana Town Council Regular Meeting February 21, 2023 Page 172 of 208 Stonegate East Site Analysis II. Inventory & Analysis 52 Exhibit II-G: Viewshed Photographs (cont’d) Photo Location #8: Looking Northeast from the Northwest Corner of the Northern Portion of the Property Photo Location #8: Looking East Along the Northern Edge of the Northern Portion of the Property Marana Town Council Regular Meeting February 21, 2023 Page 173 of 208 Stonegate East Site Analysis II. Inventory & Analysis 53 Exhibit II-G: Viewshed Photographs (cont’d) Photo Location #8: Looking Southeast into the Northern Portion of the Property from its Northwest Corner Photo Location #8: Looking South Along the Western Edge of the Northern Portion of the Property Marana Town Council Regular Meeting February 21, 2023 Page 174 of 208 Stonegate East Site Analysis II. Inventory & Analysis 54 Exhibit II-G: Viewshed Photographs (cont’d) Photo Location #8: Looking West from the Northwest Corner of the Northern Portion of the Property Photo Location #8: Looking Northwest away from the Property from the Northwest Corner of the Northern Portion of the Property Marana Town Council Regular Meeting February 21, 2023 Page 175 of 208 Stonegate East Site Analysis II. Inventory & Analysis 55 Exhibit II-G: Viewshed Photographs (cont’d) Photo Location #8: Marana Survey Monument near the Northwest Corner of the Northern Portion of the Property Adonis Road Entering the Western Edge of the Northern Portion of the Property Marana Town Council Regular Meeting February 21, 2023 Page 176 of 208 Stonegate East Site Analysis II. Inventory & Analysis 56 H. TRAFFIC 1. Existing / Proposed Offsite Streets between the Development and Nearest Arterial Streets Grier Road extends from Postvale Road to Patton Road. East of Postvale the roadway is known as Adonis Road and extends south to Tangerine Road in a temporary condition including one lane in each direction. The Mandarina development to the south of the Stonegate Master Plan will be improving their portion of Adonis to its ultimate design cross-section. The Town or private developers will be extending Adonis Road from the southern end of Mandarina across the CAP syphon to Tangerine Road. 2. Nearby Arterial Streets All the traffic generated by this project will be accommodated by Adonis Road, Tangerine Road, Postvale Road, Cochie Canyon Road, Moore Road, and Interstate-10. An analysis of capacity by Southwest Traffic Engineering has been submitted as a standalone report. Roadway Name Planned Right-of-Way Width Exist. Lanes Median Type Speed Limit General Plan Designation Adonis Rd. (Thru Project) 250’ 2 None 45 mph Prop. Arterial Adonis Rd. (NW of Project) 60’ 2 None 35 mph None Grier Rd. 150’ 2 None 25 mph Exist. Arterial Tangerine Rd. 300’ 2 None 40-50 mph Exist. Arterial Postvale Rd. 95’ 2 None 35 mph Exist. Collector Cochie Canyon Rd. 190’ 3 None 40 mph Exist. Arterial Moore Rd. 150’ – 250’ 0 None n/a Prop. Arterial Interstate 10 Varies 6 Depressed 75 mph Interstate Grier Rd. West of the Project Marana Town Council Regular Meeting February 21, 2023 Page 177 of 208 Stonegate East Site Analysis II. Inventory & Analysis 57 3. Nearby Arterial Intersections Two arterial intersections that will carry traffic generated by this development exist within a mile of the Property: Adonis Road / Moore Road and Adonis Road / Tangerine Road. Neither intersection exists today, bu both are planned to be signalized in the future. 4. Nearby Bicycle / Pedestrian Ways As with much of the area immediately east of Interstate-10, pedestrian facilities are currently lacking. Marana Town Council Regular Meeting February 21, 2023 Page 178 of 208 Marana Town Council Regular Meeting February 21, 2023 Page 179 of 208 Stonegate East Site Analysis II. Inventory & Analysis 59 I. RECREATION AND TRAILS Although the Ora Mae Harn District Park is only 1.25 miles due west of the Property (and only 0.6 miles west of the Stonegate Master Plan), the Union Pacific Railroad and Interstate-10 significantly impede convenient access to it. As such, a significant need exists to provide community parks on this side of Interstate-10. The Mandarina Specific Plan just south of the Property acknowledges this fact and will include a community park. Similarly, the Tortolita Shadows Specific Plan, which is part of the Stonegate Master Plan, will include two community parks that will provide nearby recreational amenities to the Property. The Town recently opened the Central Arizona Project Trailhead located off of Adonis Road, approximately one quarter mile north of Tangerine Road. The Town’s Parks & Recreation website describes the trailhead as “the gateway to the CAP trail system that runs north from Marana 17 miles into Pinal County”. See Exhibit II-I-1: Trails, Parks & Recreation. Marana Town Council Regular Meeting February 21, 2023 Page 180 of 208 Marana Town Council Regular Meeting February 21, 2023 Page 181 of 208 Stonegate East Site Analysis II. Inventory & Analysis 61 J. CULTURAL, ARCHAEOLOGICAL, AND HISTORIC RESOURCES 1. Onsite Resources Four previously identified cultural resource sites were known to exist on the Property prior to this project's commencement. Any cultural resources that are located during construction will be dealt with in accordance with State and local antiquities laws and protocols. 2. Archaeological Records The Property was surveyed for cultural resources by WestLand Resources in May 2021. Six sites of potential significance were identified and are currently the subject of further study in coordination with the Town of Marana's Environmental Services Department. Marana Town Council Regular Meeting February 21, 2023 Page 182 of 208 Stonegate East Site Analysis II. Inventory & Analysis 62 Exhibit II-E-1: WestLand Resources Cultural Resources Report Marana Town Council Regular Meeting February 21, 2023 Page 183 of 208 Stonegate East Site Analysis II. Inventory & Analysis 63 K. EXISTING INFRASTRUCTURE AND PUBLIC FACILITIES 1. Sewer The Property is within the Marana Wastewater service area. A sewer line is currently being constructed under Interstate-10 and the UPRR by the developer of the Mandarina Specific Plan. In addition, downstream line capacity improvements are planned by the Town in the next couple years, which should result in adequate capacity to accept wastewater from this project and others along the east side of Interstate-10. The developer will provide a sewer master plan model to confirm all applicable system capacities prior to improvement plan submittal. No septic systems are known to be within 100 feet of the Property. See Exhibit II-K-1: Existing Wells & Septic Systems. 2. Water The Property is within the Marana Water intended service area. No public or private wells are believed to exist within 100 feet of the Property. Two wells are believed to exist within the overall Stonegate Master Plan (55-622115 & 55-634058). See Exhibit II-K-1: Existing Wells & Septic Systems. 3. Natural Gas The Property is located within the Southwest Gas service area. 4. Electric The Property is located within the TRICO service area. 5. Fire Service Northwest Fire District has indicated that they can serve the property if the Districts boundary is expanded to include the Property, which will occur during the platting phase. 6. Police Service The property is located within the Town of Marana Police service area. Marana Town Council Regular Meeting February 21, 2023 Page 184 of 208 Marana Town Council Regular Meeting February 21, 2023 Page 185 of 208 Marana Town Council Regular Meeting February 21, 2023 Page 186 of 208 Stonegate East Site Analysis III. Land Use Proposal 66 III. LAND USE PROPOSAL A. PURPOSE & INTENT This section describes how the development responds to the opportunities and constraints described in the Inventory & Analysis section of this document, along with the Town of Marana Land Development Code. As evidenced by the site plan, this proposed rezoning has been crafted after careful and responsive consideration of the Property’s context. B. RELATIONSHIP TO TOWN OF MARANA ADOPTED PLANS The Make Marana 2040 General Plan designates this property as Traditional Neighborhood, which permits a wide range of densities: 2-18 homes per acre. Other projects in the vicinity, including the Tortolita Shadows Specific Plan, the Rancho Marana Specific Plan, and the Mandarina Specific Plan have densities within this range or higher. Development of the Stonegate Master Plan, including this Property, will result in construction of significant public traffic, utility, and drainage infrastructure at the developer’s cost, thus helping to fulfill the long-term land use vision set forth in Make Marana 2040. The Town of Marana Strategic Plan calls for new developments and neighborhoods to create areas with meaningful open space, trail connectivity, and active recreation areas. This Property within the Stonegate Master Plan will fulfill all these requirements by providing recreation areas and trail connections in accordance with the Town’s recreational design standards. C. COMPATIBILITY TO ADJOINING DEVELOPMENT The Property’s lack of adjacent residential areas minimizes the potential for this development to impact nearby landowners. D. LAND USE PROPOSAL This rezoning is designed to blend with and be part of the overall Stonegate Master Plan which includes the previously approved Tortolita Shadows Specific Plan and Rancho Marana Specific Plan. Residences built within this Project will be subject to the Town of Marana Residential Design Standards. The Master Plan includes a mix of residential densities as allowed by the existing Specific Plans and will also include a comprehensive open space system that will provide convenient access to a variety of recreational amenities that currently are not available in this part of Marana east of Interstate-10. The development of the Master Plan will also include construction of the ultimate Adonis Road design cross-section, a length of Moore Road, a collector loop road, regional drainage infrastructure, and extensions of the public utility systems. Some residential lots within the Master Plan cross the boundaries between this rezoning area and the two adjacent Specific Plans. Working with Town Staff it was agreed that a minor amendment to the appropriate Specific Plan will be completed prior to approval of a plat or development plan for any affected lot or parcel. Marana Town Council Regular Meeting February 21, 2023 Page 187 of 208 Marana Town Council Regular Meeting February 21, 2023 Page 188 of 208 Marana Town Council Regular Meeting February 21, 2023 Page 189 of 208 Stonegate East Site Analysis III. Land Use Proposal 69 E. GRADING CONCEPT This Property has historically been used for agricultural purposes, and thus contains no hillsides, ridges, rock outcrops, or significant vegetation. During development the Property will be mass graded in coordination with the rest of the Stonegate Master Plan in order to balance the earthwork and provide the necessary slopes for stormwater drainage and wastewater flow. F. POST-DEVELOPMENT HYDROLOGY This section of the site analysis was prepared by Bowman Engineering and describes post- development onsite hydrologic and hydraulic characteristics relative to the overall Stonegate Master Plan because the rezoning property is integrally connected to the overall drainage design. Conveyance of the offsite flows through the development will be provided via new constructed channels, culverts, and basins. To safeguard the site against scour and erosion potential channel banks and culvert ends will be stabilized with materials such as stones, riprap, soil cement or gunite to control erosion. Important to note, the existing drainage pattern and existing design flows will remain unchanged by discharging some of offsite flows through the existing diversion drainage facilities along the UPRR right-of-way before the remainder offsite flows drain onto the northwest corner of the project. Even so, due to the critical basin retention/detention requirements and in accordance with the Marana design criteria, onsite flow storage will be located throughout the project, to capture the 100-year and 10-year storm events. Said basins have the added benefit of providing more visual access to common areas. The flow storage basins will ensure the attenuation of the volumetric runoff across the downstream property lines of the site. The large size of the offsite watershed results in a significant time lag of over 20 hours between onsite and offsite time to peak flows. There will be no significant rate runoff flow attenuation at the downstream of the project. Nevertheless, the proposed drainage facilities for the offsite flows and the proposed onsite flow storage basins for the site will avoid any adverse drainage impacts to upstream or downstream properties. Post-development discharges flowing onto the Property will remain the same as under pre-development conditions. All building pads will be designed to be a minimum of 1 foot above adjacent 100-year flood elevations. See Exhibit III-F-1: Post-Development Hydrology. Marana Town Council Regular Meeting February 21, 2023 Page 190 of 208 Marana Town Council Regular Meeting February 21, 2023 Page 191 of 208 Stonegate East Site Analysis III. Land Use Proposal 71 G. VEGETATION & LANDSCAPING The Marana Land Development Code, Environmental Resource Preservation, Native Plant and Landscape Requirements, allows for this type of subdivision development. Having been subject to agricultural use for many years, this Property has no existing significant native vegetation anywhere onsite. Native plants will be reintroduced throughout the subdivisions and open space areas in accordance with the Town’s landscape design guidelines. A landscape plan will be submitted at the time of plat review. All native plant preservation and landscaping standards will be addressed in accordance with the Town of Marana Town Code. Open space is primarily located in a number of recreational and drainage-related open spaces throughout the development, all connecting to the regional drainage improvements proposed as part of the Stonegate Master Plan. Landscaping will be installed throughout the open spaces and around the perimeter of the property to meet Marana’s perimeter landscape bufferyard standards. All installed landscaping will be drought tolerant per Marana guidelines. Native plants are drought tolerant and uniquely suited for the local climate, and further meet the primary objective of development a sustainable and environmentally sensitive residential community. H. WILDLIFE There are no primary wildlife corridors that run through the property. At least 30 days before grading, a 100% area survey must be completed by a qualified wildlife biologist, for the Sonoran Desert Tortoise and Western Burrowing Owl, with a copy of the survey form send to the Town prior to issuance of a grading permit. I. VIEWSHEDS Extraordinary views are not available from or across the property due to existing, relatively flat topography coupled with the distance to surrounding mountain ranges. However, perimeter buffer areas mitigate the project’s minimal impacts to surrounding viewsheds. Marana Town Council Regular Meeting February 21, 2023 Page 192 of 208 Stonegate East Site Analysis III. Land Use Proposal 72 J. TRAFFIC As part of the development of the Stonegate Master Plan this project will participate in the construction of Adonis Road, a stretch of Moore Road, and a new collector loop road. This new collector road will serve as the main circulation spine for the proposed subdivisions to access Adonis and Moore. Internal neighborhood streets have been designed to create safe traffic movements throughout the neighborhood. This rezoning is expected to generate up to approximately 7,770 total daily trips based on an estimated ten daily trips per household, which will be accommodated by widening of Adonis Road and construction of Moore Road and the collector loop roads. The expected traffic associated with other parts of the Stonegate Master Plan has been addressed as part of the rezonings of the Tortolita Shadows Specific Plan and Rancho Marana East Specific Plan. However, as the entire Stonegate Master Plan is now proposed for development, the “Stonegate Master Plan Traffic Impact Analysis” by Southwest Traffic Engineering has been prepared and submitted to the Town as a standalone report. The report details phasing of required roadway improvements. The executive summary is shown on the following pages. Grier Road West of the Property Marana Town Council Regular Meeting February 21, 2023 Page 193 of 208 Stonegate East Site Analysis III. Land Use Proposal 73 Traffic Impact Analysis Executive Summary Marana Town Council Regular Meeting February 21, 2023 Page 194 of 208 Stonegate East Site Analysis III. Land Use Proposal 74 Traffic Impact Analysis Executive Summary (cont’d) Marana Town Council Regular Meeting February 21, 2023 Page 195 of 208 Stonegate East Site Analysis III. Land Use Proposal 75 Traffic Impact Analysis Executive Summary (cont’d) Marana Town Council Regular Meeting February 21, 2023 Page 196 of 208 Stonegate East Site Analysis III. Land Use Proposal 76 K. PUBLIC UTILITIES 1. Water Marana Water will serve this subdivision. An extension of Marana’s public water system will be required to be constructed by the developer as part of the development of the overall Stonegate Master Plan. See Exhibit III-K-1: Preliminary Potable Water Plan. 2. Sewer Much of the Stonegate Master Plan, including a portion of this Property, will gravity sewer to the recently installed manhole at the Master Plan’s southwest corner along Interstate-10. The remainder, also including a portion of this Property, will gravity sewer to a new public lift station to be located southeast of the intersection of Interstate-10 and Moore Road. The wastewater will be pumped from that location to aforementioned manhole. The Town of Marana will be undertaking sewer line capacity improvements further downstream. The developer will provide a sewer master plan model to confirm all system capacities prior to improvement plan submittal. A sewer capacity letter was requested on 12/15/2021 but a response has not yet been received. See Exhibit III-K-2: Preliminary Sewer Plan. 3. Electric The property is located within the TRICO service area. 4. Natural Gas Southwest Gas will supply natural gas services to this development. 5. Telecommunications The development is within the Century Link service area. Existing TRICO Electric Lines along the Western Property Boundary Marana Town Council Regular Meeting February 21, 2023 Page 197 of 208 Marana Town Council Regular Meeting February 21, 2023 Page 198 of 208 Marana Town Council Regular Meeting February 21, 2023 Page 199 of 208 Stonegate East Site Analysis III. Land Use Proposal 79 L. PUBLIC SERVICE IMPACTS 1. Police Stonegate is within Marana’s town limits, and law enforcement jurisdiction. 2. Fire This project will be protected by the Northwest Fire District once it is annexed into the District. 3. Trash & Recycling The Town of Marana does not provide trash and recycling services. The homeowners within Stonegate will contract with a private solid waste pick-up provider. 4. Schools The Marana Unified School District uses a student generation factor of 0.25 per home for elementary students and 0.1 per home for secondary students. The District has indicated that is has capacity to serve this development at Estes Elementary School, Marana Middle School and Marana High School. See Exhibit III-L-1: School District Letter, which confirms that nearby Marana school District facilities have capacity for more houses than are currently proposed within this development. 5. Parks As discussed in Section I. of this site analysis, recreational opportunities are currently minimal on this side of Interstate-10 in Marana. In response, the Stonegate Master Plan will include a number of neighborhood and community parks to serve the recreational needs of future residents. Please see Section III.M. Marana Town Council Regular Meeting February 21, 2023 Page 200 of 208 Stonegate East Site Analysis III. Land Use Proposal 80 Exhibit III-L-1: School District Letter Marana Town Council Regular Meeting February 21, 2023 Page 201 of 208 Stonegate East Site Analysis III. Land Use Proposal 81 M. RECREATION & TRAILS Subdivisions within the Property will include neighborhood parks conveniently located for their future residents and an internal connected network of trails and paths of varying sizes and surface materials that meet Town standards. Public trail easements may be dedicated by future subdivision plats to ensure that the general public has perpetual access through the project area The Mandarina Specific Plan just south of the Property will include a community park. Similarly, the Tortolita Shadows Specific Plan, which is part of the Stonegate Master Plan, will include two community parks that will provide nearby recreational amenities to the Property. Developers of this project will coordinate with adjoining developments to ensure a seamless trail/path network. The Town recently opened the Central Arizona Project Trailhead located off of Adonis Road, approximately one quarter mile north of Tangerine Road. The Town’s Parks & Recreation website describes the trailhead as “the gateway to the CAP trail system that runs north from Marana 17 miles into Pinal County”. Future development within the rezoning area will comply with the recreational area requirements of Section 17-5-3.12 of the Marana Town Code, and a Recreational Area Plan will be submitted at the time of subdivision plat review. N. CULTURAL, ARCHAEOLOGICAL & HISTORIC RESOURCES The Property was surveyed for cultural resources by WestLand Resources in May 2021. Six sites of potential significance were identified and are currently the subject of further study in coordination with the Town of Marana's Environmental Services Department. Image Courtesy the Marana Website Marana Town Council Regular Meeting February 21, 2023 Page 202 of 208      Council-Regular Meeting   A2        Meeting Date:02/21/2023   To:Mayor and Council From:Steven Cheslak, Principal Planner Date:February 21, 2023 Strategic Plan Focus Area: Not Applicable Subject:PUBLIC HEARING: Ordinance No. 2023.005: Relating to Land Development; revising Marana Town Code Title 17 (Land Development), Chapter 17-3 (Administration and Enforcement), Section 17-3-1 (Amendment and Rezoning) to add provisions relating to a citizen review process for rezoning applications; and designating an effective date (Steve Cheslak) Discussion: REQUEST Staff is requesting approval of revising Marana Town Code Title 17 (Land Development), Chapter 17-3 (Administration and Enforcement), Section 17-3-1 (Amendment and Rezoning) to add provisions relating to a citizen review process for rezoning applications and designating an effective date, in response to the requirements of Arizona Revised Statutes section 9-462.03. A.R.S. §9-462.03. Amendment procedure A. The governing body of the municipality shall adopt by ordinance a citizen review process that applies to all rezoning and specific plan applications that require a public hearing.  The citizen review process shall include at least the following requirements: 1. Adjacent landowners and other potentially affected citizens will be notified of the application. 2. The municipality will inform adjacent landowners and other potentially affected citizens of the substance of the proposed rezoning. 3. Adjacent landowners and other potentially affected citizens will be provided an opportunity to express any issues or concerns that they may have with the Marana Town Council Regular Meeting February 21, 2023 Page 203 of 208 an opportunity to express any issues or concerns that they may have with the proposed rezoning before the public hearing. B. A zoning ordinance that changes any property from one zone to another, that imposes any regulation not previously imposed or that removes or modifies any such regulation previously imposed must be adopted following the procedure prescribed in the citizen review process and in the manner set forth in section 9-462.04. It has been determined, because the Town does not have codified language addressing  A.R.S. §9-462.03 requirements, revising Marana Town Code Chapter 17-3 to add a citizen review process as set forth by ordinance (attached to this report) is in the best interests of the Town and its residents. The revisions to Chapter 17-3 (Administration and Enforcement), Section 17-3-1 (Amendment and Rezoning) includes a new paragraph C that states:   Section 17-3-1 Amendment and rezoning No revisions to paragraphs A or B.  C. Citizen review process. After submission of an application for a rezoning to the town and before the planning commission holds a public hearing on the matter, the applicant and the town shall comply with the citizen review process set forth in this paragraph. 1. The applicant shall mail written notice of the application to all owners of property located within 300 feet of the subject property and to any other persons reasonably determined by the planning manager to be potentially affected citizens. All distances shall be measured from the property lines of the subject property. a. The written notice shall provide a general explanation of the substance of the proposed rezoning, and shall provide notice of the date, time, and location of a neighborhood meeting to discuss the application. b. The applicant shall mail the written notice by first class mail at least 15 days prior to the neighborhood meeting. 2. The applicant shall hold the neighborhood meeting, noticed as provided in subparagraph 1, a minimum of 15 days prior to the planning commission public hearing. 3. Following the neighborhood meeting, the applicant shall submit to the planning manager a meeting summary that includes: a. Copies of the written notice required by subparagraph 1 and of the mailing list for the notice b. A list of the people in attendance at the meeting c. A description of the issues that were raised and a summary of the discussion 4. The town shall post a sign on the subject property at least 15 days prior to the planning commission public hearing. The town will ensure that the sign complies with design standards specified by the town and is placed in a conspicuous location. The town will incorporate the costs associated with the sign posting into the town’s fees for rezoning applications, as set forth in the comprehensive fee schedule approved by the council and amended from time to time. 5. The planning manager may authorize an alternative citizen review process Marana Town Council Regular Meeting February 21, 2023 Page 204 of 208 for translational, non-site analysis rezoning applications, and other similar rezoning applications deemed appropriate for the alternative process by the planning manager, as long as the alternative process meets the requirements of A.R.S. §9-462.03.   No revisions to existing paragraphs C and D which are re-lettered as paragraphs D and E.   Town staff is proposing an effective date of July 1, 2023, to allow time to revise the Town's comprehensive fee schedule for rezoning applications to account for the sign costs, and to procure a supply of signs to have on hand when the new provisions go into effect. Staff Recommendation: Staff recommends adoption of Ordinance No. 2023.005 revising Marana Town Code Title 17 (Land Development), Chapter 17-3 (Administration and Enforcement), Section 17-3-1 (Amendment and Rezoning) to add provisions relating to a citizen review process for rezoning applications; and designating an effective date Planning Commission Recommendation: The Planning Commission heard the request for the proposed revisions on January 25, 2023. By a vote of 7-0, the Planning Commission voted to recommend approval of the proposed Town Code revisions to the Town Council. Suggested Motion: I move to adopt Ordinance 2023.005, revising Marana Town Code Title 17 (Land Development), Chapter 17-3 (Administration and Enforcement), Section 17-3-1 (Amendment and Rezoning) and designating an effective date. Attachments Ordinance No. 2023.005 Marana Town Council Regular Meeting February 21, 2023 Page 205 of 208 00085849.DOCX /2 Ordinance No. 2023.005 - 1 - MARANA ORDINANCE NO. 2023.005 RELATING TO LAND DEVELOPMENT; REVISING MARANA TOWN CODE TITLE 17 (LAND DEVELOPMENT), CHAPTER 17-3 (ADMINISTRATION AND ENFORCEMENT), SECTION 17-3-1 (AMENDMENT AND REZONING) TO ADD PROVISIONS RELATING TO A CITIZEN REVIEW PROCESS FOR REZONING APPLICATIONS; AND DESIGNATING AN EFFECTIVE DATE WHEREAS A.R.S. §9-462.03 provides that the governing body of a municipality shall adopt by ordinance a citizen review process that applies to all rezoning and specific plan applications that require a public hearing and sets forth the minimum requirements for the citizen review process; and WHEREAS the Mayor and Council of the Town of Marana find that revising Marana Town Code Chapter 17-3 to add a citizen review process as set forth in this ordinance is in the best interests of the Town and its residents. NOW THEREFORE BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, as follows: SECTION 1. Marana Town Code Title 17 (Land Development), Chapter 17-3 (Administration and Enforcement), Section 17-3-1 (Amendment and rezoning) is hereby amended as follows (with additions shown with double underlining): 17-3-1 Amendment and rezoning [No revisions to paragraphs A or B] C. Citizen review process. After submission of an application for a rezoning to the town and before the planning commission holds a public hearing on the matter, the applicant and the town shall comply with the citizen review process set forth in this paragraph. 1. The applicant shall mail written notice of the application to all owners of property located within 300 feet of the subject property and to any other persons reasonably determined by the planning manager to be potentially affected citizens. All distances shall be measured from the property lines of the subject property. a. The written notice shall provide a general explanation of the substance of the proposed rezoning, and shall provide notice of the date, time, and location of a neighborhood meeting to discuss the application. Marana Town Council Regular Meeting February 21, 2023 Page 206 of 208 00085849.DOCX /2 Ordinance No. 2023.005 - 2 - b. The applicant shall mail the written notice by first class mail at least 15 days prior to the neighborhood meeting. 2. The applicant shall hold the neighborhood meeting, noticed as provided in subparagraph 1, a minimum of 15 days prior to the planning commission public hearing. 3. Following the neighborhood meeting, the applicant shall submit to the planning manager a meeting summary that includes: a. Copies of the written notice required by subparagraph 1 and of the mailing list for the notice b. A list of the people in attendance at the meeting c. A description of the issues that were raised and a summary of the discussion 4. The town shall post a sign on the subject property at least 15 days prior to the planning commission public hearing. The town will ensure that the sign complies with design standards specified by the town and is placed in a conspicuous location. The town will incorporate the costs associated with the sign posting into the town’s fees for rezoning applications, as set forth in the comprehensive fee schedule approved by the council and amended from time to time. 5. The planning manager may authorize an alternative citizen review process for translational, non-site analysis rezoning applications, and other similar rezoning applications deemed appropriate for the alternative process by the planning manager, as long as the alternative process meets the requirements of A.R.S. §9-462.03. [No revisions to existing paragraphs C and D which are hereby re-lettered as paragraphs D and E] SECTION 2. The various town officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to this ordinance. SECTION 3. All ordinances, resolutions, or motions and parts of ordinances, resolutions, or motions of the 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, the decision shall not affect the validity of the remaining portions of this ordinance. SECTION 5. This ordinance shall be effective on July 1, 2023. Marana Town Council Regular Meeting February 21, 2023 Page 207 of 208 00085849.DOCX /2 Ordinance No. 2023.005 - 3 - PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, Arizona, this 21st day of February 2023. Mayor Ed Honea ATTEST: David L. Udall, Town Clerk APPROVED AS TO FORM: Jane Fairall, Town Attorney Marana Town Council Regular Meeting February 21, 2023 Page 208 of 208