HomeMy WebLinkAbout10-17-2023 Regular Meeting Agenda PacketMARANA TOWN COUNCIL
REGULAR COUNCIL MEETING
NOTICE AND AGENDA
11555 W. Civic Center Drive, Marana, Arizona 85653
Council Chambers, October 17, 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 October 17, 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 Regular Council Meeting Agenda Packet
October 17, 2023
Page 1 of 120
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.
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October 17, 2023
Page 2 of 120
PROCLAMATIONS
PR1 Proclamation Recognizing November 6, 2023, as Color the World Orange
Day (David L. Udall)
MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS
MANAGER’S REPORT: SUMMARY OF CURRENT EVENTS
PRESENTATIONS
CONSENT AGENDA
The Consent Agenda contains items requiring action by the Council which are generally
routine items not requiring Council discussion. A single motion 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 Ordinance No. 2023.036: Relating to Administration; amending Town Code
Title 3 (Administration), Chapter 3-1 (Officers and Employees); revising
Section 3-1-3 (Position status) to revise the maximum employment time for
short-term temporary positions; and designating an effective date (Curry C.
Hale)
C2 Resolution No. 2023-100: Relating to Addressing; renaming a street located
in the Moonlight Canyon at Saguaro Ranch 2 subdivision generally located
southwest of the intersection of Conrads Way and Old Ranch House Road
(Austin Shreffler)
C3 Resolution No. 2023-101: Relating to Administration; approving and
authorizing the Finance and Purchasing Director to execute a Deed of Gift
donating computer docking stations to the Los Angeles Sheriff's
Department (Yiannis Kalaitzidis)
C4 Resolution No. 2023-102: Relating to Personnel; Approving and adopting
amendments to the Town's Personnel Policies and Procedures, revising
Chapter 3 - Classification and Compensation, Policy 3-1 "Position Status"
and Policy 3-4 "Payroll Procedures," multiple policy revisions to Chapter 4
- Employment Benefits and Leaves, and revising Chapter 8 - Termination
of Employment, Policy 8-2 "Exit Process" and Policy 3-4 "Re-employment"
(Curry C. Hale)
Marana Regular Council Meeting Agenda Packet
October 17, 2023
Page 3 of 120
(Curry C. Hale)
C5 Resolution No. 2023-103: Relating to Utilities; approving and
authorizing the Mayor to sign an amendment to the Intergovernmental
Agreement, effective December 1, 2023, between the Town of Marana and
Pima County for provision of water consumption data and sewer user
account billing services (Jing Luo)
C6 Approval of Regular Council Meeting Summary Minutes of October 3, 2023
(David L. Udall)
LIQUOR LICENSES
L1 Relating to Liquor Licenses; recommendation to the Arizona Department of
Liquor Licenses and Control regarding an application for a new series #012
Restaurant liquor license submitted by Minh Van Pham on behalf of
Newton Pho, located at 5730 West Cortaro Farms Road, Tucson, Arizona
85742 (David L. Udall)
BOARDS, COMMISSIONS AND COMMITTEES
COUNCIL ACTION
A1 Ordinance No. 2023.037: Relating to Animal Control; amending Marana
Town Code Title 6 (Animal Control); adding new chapter 6-10 “Pet Stores”
to regulate pet stores by establishing requirements and authorizing
enforcement; and designating an effective date
Resolution No. 2023-104: Relating to Animal Control; declaring as a public
record filed with the Town Clerk the amendments adopted by Ordinance
No. 2023.037 to Marana Town Code Title 6 (Animal Control); adding new
chapter 6-10 “Pet Stores” to regulate pet stores by establishing
requirements and authorizing enforcement (Luke Fischer)
A2 Ordinance No. 2023.038: Relating to Animal Control; amending Marana
Town Code Title 6 (Animal Control); revising section 6-1-1 (Definitions) to
add new definition for dog park; revising section 6-4-1(C)(4) (Dogs at large
prohibited; exceptions; classification) to revise dog park exception; adding
section 6-4-4 (Dog park regulations) to add dog park regulations; and
revising section 6-7-2 (Evaluation of animals) to add exception to vicious,
aggressive or destructive animal evaluation or investigation in dog parks;
and designating an effective date
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October 17, 2023
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Resolution No. 2023-105: Relating to Animal Control; declaring as a public
record filed with the Town Clerk the amendments adopted by Ordinance
No. 2023.038, revisions to Marana Town Code Title 6 (Animal Control);
revising section 6-1-1 (Definitions) to add new definition of dog park;
revising section 6-4-1(C)(4) (Dogs at large prohibited; exceptions;
classification) to revise dog park exception; adding section 6-4-4 (Dog park
regulations) to add dog park regulations; and revising section 6-7-2
(Evaluation of animals) to add exception to vicious, aggressive or
destructive animal evaluation or investigation in dog parks (Lisa Shafer)
A3 Ordinance No. 2023.039: Relating to Parks and Recreation; revising Marana
Town Code Title 13 (Parks & Recreation), chapter 13-1 (Parks and
recreation regulations); section 13-1-1 (Domestic animals and pets) to refer
to dog park definition and regulation in Title 6 (Animal Control); and
designating an effective date (Lisa Shafer)
A4 Resolution No. 2023-106: Relating to Development; amending the
infrastructure improvements plan supporting development impact fees for
parks and recreation facilities by shifting the anticipated development
impact fee funding among certain projects and by reducing the cost
provided for the Twin Peaks District Park Land Acquisition and Phase 1
Development Project and for the New Competition Swimming Pool (50
Meter) Project without changing the amount of the parks impact fees or
level of service; authorizing the transfer of up to $693,302.00 in budgeted
expense authority in the fiscal year 2023-2024 budget to the Santa Cruz
Shared Use Path at Cal Portland Project line item within the impact fee
fund from various line items within the budget (Jim Conroy)
ITEMS FOR DISCUSSION / POSSIBLE ACTION
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
Marana Regular Council Meeting Agenda Packet
October 17, 2023
Page 5 of 120
E2 Executive session pursuant to A.R.S. §38-431.03 (A)(3) and (4) for
discussion or consultation with the Town’s attorneys in order to consider
the Town’s position and instruct its attorneys regarding the litigation
entitled In Re: AFFF Products Liability Litigation, MDL No. 2873, currently
pending in the United States District Court for the District of South
Carolina, related to perfluorinated compounds (PFAS) water
contamination, including discussion of the pending settlements reached
with defendants 3M Company and the DuPont entities.
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 Regular Council Meeting Agenda Packet
October 17, 2023
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Council-Regular Meeting PR1
Meeting Date:10/17/2023
Submitted For:David L. Udall, Town Clerk/Assistant Town Attorney
Date:October 17, 2023
Subject:Proclamation Recognizing November 6, 2023, as Color the World
Orange Day (David L. Udall)
Attachments
Proclamation
Marana Regular Council Meeting Agenda Packet
October 17, 2023
Page 7 of 120
Marana Regular Council Meeting Agenda Packet
October 17, 2023
Page 8 of 120
Council-Regular Meeting C1
Meeting Date:10/17/2023
To:Mayor and Council
Submitted For:Curry C. Hale, Human Resources Director
From:Jane Fairall, Town Attorney
Date:October 17, 2023
Strategic Plan Focus Area:
Not Applicable
Subject:Ordinance No. 2023.036: Relating to Administration; amending Town
Code Title 3 (Administration), Chapter 3-1 (Officers and Employees);
revising Section 3-1-3 (Position status) to revise the maximum
employment time for short-term temporary positions; and designating
an effective date (Curry C. Hale)
Discussion:
Tonight's agenda includes an item which makes various revisions to the Town's
Personnel Policies and Procedures. One of the Personnel Policy revisions changes the
maximum time of employment for employees serving in short-term temporary
positions. This proposed ordinance will make the same changes to Section 3-1-3 of the
Town Code to maintain consistency between the two documents.
Staff Recommendation:
Staff recommends approval of the ordinance.
Suggested Motion:
I move to adopt Ordinance No. 2023.036, amending Town Code Section 3-1-3 (Position
status) to revise the maximum employment time for short-term temporary positions;
and designating an effective date.
Marana Regular Council Meeting Agenda Packet
October 17, 2023
Page 9 of 120
Attachments
Ordinance No. 2023.036
Marana Regular Council Meeting Agenda Packet
October 17, 2023
Page 10 of 120
00092517.DOCX /1
Ordinance No. 2023.036 - 1 -
MARANA ORDINANCE NO. 2023.036
RELATING TO ADMINISTRATION; AMENDING TOWN CODE TITLE 3
(ADMINISTRATION), CHAPTER 3-1 (OFFICERS AND EMPLOYEES); REVISING
SECTION 3-1-3 (POSITION STATUS) TO REVISE THE MAXIMUM EMPLOYMENT
TIME FOR SHORT-TERM TEMPORARY POSITIONS; AND DESIGNATING AN
EFFECTIVE DATE
WHEREAS the Town Council finds that the revisions to Town administration
established by this ordinance are in the best interests of the Town of Marana.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF
THE TOWN OF MARANA, as follows:
SECTION 1. Marana Town Code Title 3 (Administration) is hereby amended to
revise section 3-1-3 (Position status) as follows (with deletions shown with strikeouts and
additions shown with double-underlining):
3-1-3 Position status
[No amendments to paragraphs A and B]
C. Temporary positions. This category of employment is comprised of term-
limited temporary positions and short-term temporary positions. Employees
in temporary positions are at-will employees. Temporary positions shall be
identified as such in the salary schedule implemented by the town manager.
Additionally, an employee will be considered to be in a temporary position
when the employee is hired in a classified position, but on a temporary basis,
as set forth in this section.
[No amendments to subparagraph 1]
2. Short-term temporary positions. Short-term temporary positions are
positions used to augment the workforce due to seasonal and other specific
temporary workload needs that require additional staffing. Employees in
short-term temporary positions shall work for a time period that does not
exceed six months or 1040 hours in a rolling 12-month period. The town
manager or designee shall determine when a position may be designated
as a short-term temporary position in accordance with this section.
Employees in short-term temporary positions may not receive all general
salary increases granted to town employees from time to time and shall not
receive benefits provided to other employees of the town, unless
Marana Regular Council Meeting Agenda Packet
October 17, 2023
Page 11 of 120
00092517.DOCX /1
Ordinance No. 2023.036 - 2 -
specifically stated otherwise in this code or in the town’s personnel
policies. Employees in short-term temporary positions shall work for a
time period that does not:
a. In a fiscal year, exceed more than 20 hours per week for more than 19
weeks; and
b. In a rolling 12-month period, exceed an average of more than 29 hours
per week or 1040 hours.
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 is effective on the 31st day after its adoption.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA,
ARIZONA, this 17th day of October, 2023.
Mayor Ed Honea
ATTEST:
David L. Udall, Town Clerk
APPROVED AS TO FORM:
Jane Fairall, Town Attorney
Marana Regular Council Meeting Agenda Packet
October 17, 2023
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Council-Regular Meeting C2
Meeting Date:10/17/2023
To:Mayor and Council
From:Austin Shreffler, Planner
Date:October 17, 2023
Strategic Plan Focus Area:
Not Applicable
Subject:Resolution No. 2023-100: Relating to Addressing; renaming a street located in
the Moonlight Canyon at Saguaro Ranch 2 subdivision generally located
southwest of the intersection of Conrads Way and Old Ranch House Road
(Austin Shreffler)
Discussion:
The Town of Marana has received a request from Saguaro Property Development LLC
to change a street name in Moonlight Canyon at Saguaro Ranch 2, which is currently
under development and generally located southwest of the intersection of Conrads
Way and Old Ranch House Road. The request is to change Moon Gaze Drive to
Moongaze Drive. This request is due to a typographical error of the original addressing
for the final plat. The requested name change will affect 23 lots, 19 of which are wholly
owned by the requestor, Saguaro Property Development LLC. The other four lots are
50% owned by the requestor and 50% owned by Miramonte Moonlight LLC.
Paragraph X.040(C)(1)(c) of the Town of Marana Addressing Manual requires Town
Council approval of street names.
Staff Recommendation:
Staff recommends adoption of Resolution No. 2023-100, renaming a street in Moonlight
Canyon at Saguaro Ranch II subdivision.
Suggested Motion:
I move to adopt Resolution No. 2023-100, renaming a street located in the Moonlight
Marana Regular Council Meeting Agenda Packet
October 17, 2023
Page 13 of 120
I move to adopt Resolution No. 2023-100, renaming a street located in the Moonlight
Canyon at Saguaro Ranch 2 subdivision generally located southwest of the intersection
of Conrads Way and Old Ranch House Road.
Attachments
Resolution No. 2023-100
Application Request Letter
Site Map
Marana Regular Council Meeting Agenda Packet
October 17, 2023
Page 14 of 120
Resolution No. 2023-100 - 1 -
MARANA RESOLUTION NO. 2023-100
RELATING TO ADDRESSING; RENAMING A STREET LOCATED IN THE
MOONLIGHT CANYON AT SAGUARO RANCH 2 SUBDIVISION GENERALLY
LOCATED SOUTHWEST OF THE INTERSECTION OF CONRADS WAY AND OLD
RANCH HOUSE ROAD
WHEREAS, the final plat for Moonlight Canyon at Saguaro Ranch Phase 2, Lots 1-
38, Block 1 & Common Areas “A” and “C-1” and “C-2” (the “Final Plat”) was recorded
in the Pima County Recorder’s Office on June 01, 2020 at Sequence No. 20201530190; and
WHEREAS, the Final Plat includes the street named “Moon Gaze Drive”; and
WHEREAS, pursuant to paragraph X.040(C)(1) of the Town of Marana Addressing
Manual, Saguaro Property Development LLC is requesting to rename “Moon Gaze
Drive” to “Moongaze Drive”; and
WHEREAS, a total of 23 existing addresses will be affected by these changes; and
WHEREAS, Saguaro Property Development LLC is the owner of 19 of the affected
addresses; and
WHEREAS, Saguaro Property Development LLC and Miramonte Moonlight LLC
are each half owners of four of the affected addresses; and
WHEREAS, paragraph X.040(C)(1)(c) of the Town of Marana Addressing Manual
requires Town Council approval of street names; and
WHEREAS, the Marana Town Council finds that changing the street name in the
Moonlight Canyon at Saguaro Ranch 2 is in the best interests of the Town and the public.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of
Marana, Arizona as follows:
SECTION 1. The street “Moon Gaze Drive” located in Moonlight Canyon at
Saguaro Ranch 2 is hereby renamed to “Moongaze Drive.”
Marana Regular Council Meeting Agenda Packet
October 17, 2023
Page 15 of 120
Resolution No. 2023-100 - 2 -
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana,
Arizona, this 17th day of October, 2023.
Mayor Ed Honea
ATTEST:
David L. Udall, Town Clerk
APPROVED AS TO FORM:
Jane Fairall, Town Attorney
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Council-Regular Meeting C3
Meeting Date:10/17/2023
To:Mayor and Council
Submitted For:Yiannis Kalaitzidis, Finance Director
From:Libby Shelton, Deputy Town Attorney
Date:October 17, 2023
Strategic Plan Focus Area:
Not Applicable
Subject:Resolution No. 2023-101: Relating to Administration; approving and
authorizing the Finance and Purchasing Director to execute a Deed of
Gift donating computer docking stations to the Los Angeles Sheriff's
Department (Yiannis Kalaitzidis)
Discussion:
The Marana Police Department (MPD) previously used these docking stations for their
computers, which were replaced in 2022. The new computers are not compatible
with these docking stations. As such, MPD no longer needs these docking stations for
their computers. Los Angeles Sheriff's Department (LASD) can use these docking
stations for their computers. Since MPD no longer needs these docking stations for
their computers and LASD can use the docking stations, this resolution authorizes
donation of approximately 85 docking stations to LASD.
Financial Impact:
Disposal of these docking stations through an auction process would generate an
estimated $1-$10 amount per docking station, before transport, auction fees and staff
time. As such the total value of this property is estimated to be between zero and
$850. The financial impact is negligible and should not impact the Town's financial
condition.
Staff Recommendation:
Staff recommends adoption of the resolution.
Marana Regular Council Meeting Agenda Packet
October 17, 2023
Page 23 of 120
Staff recommends adoption of the resolution.
Suggested Motion:
I move to adopt Resolution No. 2023-101, approving and authorizing the Finance and
Purchasing Director to execute a Deed of Gift donating computer docking stations to
Los Angeles Sheriff's Department.
Attachments
Resolution No. 2023-101
Exhibit A to Resolution - Deed of Gift
Marana Regular Council Meeting Agenda Packet
October 17, 2023
Page 24 of 120
Resolution No. 2023-101
MARANA RESOLUTION NO. 2023-101
RELATING TO ADMINISTRATION; APPROVING AND AUTHORIZING THE
FINANCE AND PURCHASING DIRECTOR TO EXECUTE A DEED OF GIFT
DONATING COMPUTER DOCKING STATIONS TO THE LOS ANGELES SHERIFF’S
DEPARTMENT
WHEREAS the Town of Marana Police Department (MPD) replaced its computers
beginning in 2022; and
WHEREAS approximately 85 docking stations for MPD’s old computers are not
compatible with MPD’s new computers; and
WHEREAS since MPD’s new computers cannot use these docking stations, it
would be prudent to transfer these assets to another law enforcement agency; and
WHEREAS the Los Angeles Sheriff’s Department has a need for the docking sta-
tions; and
WHEREAS the Town Council finds that the donation of the equipment to the Los
Angeles Sheriff’s Department is in the best interests of the Town.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE TOWN OF MARANA, ARIZONA, AS FOLLOWS:
SECTION 1. The deed of gift attached to and incorporated by this reference in this
resolution as Exhibit A is hereby approved and the Finance and Purchasing Director is
hereby authorized and directed to execute it on behalf of the Town.
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 this resolution.
Marana Regular Council Meeting Agenda Packet
October 17, 2023
Page 25 of 120
Resolution No. 2023-101
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 17th day of October, 2023.
Mayor Ed Honea
ATTEST:
David L. Udall, Town Clerk
APPROVED AS TO FORM:
Jane Fairall, Town Attorney
Marana Regular Council Meeting Agenda Packet
October 17, 2023
Page 26 of 120
Exhibit A to Marana Resolution No. 2023-101
00092486.DOC /11
DEED OF GIFT
THE TOWN OF MARANA, an Arizona municipal corporation (“Marana”), hereby donates,
conveys, assigns, and transfers any rights, if any, Marana may have unto: LOS ANGELES
SHERIFF’S DEPARTMENT, a department of the county of Los Angeles (“LASD”) and its
successors and assigns, to have and hold forever, the following described personal
property, goods or chattels (“Assets”):
Approximately 85 Panasonic CF31 vehicle docking stations
subject to the following terms and conditions: Marana warrants that Marana owns the
Assets; that Marana has the right to convey the Assets to LASD; and that Marana does
so free and clear of all encumbrances. Marana gives no guarantee or warranty, express
or implied, as to condition, usability, merchantability or fitness of the Assets for a
particular purpose.
LASD hereby acknowledges that it has examined the Assets and has agreed to accept
them “as is" and "where is.” LASD acknowledges that the acceptance of the Assets is at
its own risk and hereby agrees to make no claims against Marana based upon alleged
representations, warranties (apart from the warranties expressly set out above) or
collateral agreements, especially with respect to the fitness of the Assets listed above for
any particular purpose or for their safe use.
IN WITNESS WHEREOF the parties have executed this instrument as of the last
party’s signature date below.
“Marana”:
THE TOWN OF MARANA,
an Arizona municipal corporation
Yiannis Kalaitzidis
Finance and Purchasing Director
_____________
Date
ATTEST:
David L. Udall, Town Clerk
“LASD”:
LOS ANGELES SHERIFF’S DEPARTMENT,
a department of the county of Los
Angeles
By: _______________________________
Its: ________________________________
_____________
Date
Marana Regular Council Meeting Agenda Packet
October 17, 2023
Page 27 of 120
Exhibit A to Marana Resolution No. 2023-101
00092486.DOC /12
STATE OF CALIFORNIA )
) ss.
County of ____________ )
The foregoing instrument was acknowledged before me this ____ day of ________________,
2023, by _______________________________, the ______________________________of THE LOS
ANGELES SHERIFF’S DEPARTMENT, a department of the county of Los Angeles, on behalf of Los
Angeles county.
(Seal)
Notary Public
Marana Regular Council Meeting Agenda Packet
October 17, 2023
Page 28 of 120
Council-Regular Meeting C4
Meeting Date:10/17/2023
To:Mayor and Council
Submitted For:Curry C. Hale, Human Resources Director
From:Libby Shelton, Deputy Town Attorney
Date:October 17, 2023
Strategic Plan Focus Area:
Proactive Public Services
Subject:Resolution No. 2023-102: Relating to Personnel; Approving and
adopting amendments to the Town's Personnel Policies and
Procedures, revising Chapter 3 - Classification and
Compensation, Policy 3-1 "Position Status" and Policy 3-4 "Payroll
Procedures," multiple policy revisions to Chapter 4 - Employment
Benefits and Leaves, and revising Chapter 8 - Termination of
Employment, Policy 8-2 "Exit Process" and Policy 3-4 "Re-employment"
(Curry C. Hale)
Discussion:
The proposed revisions to Chapter 3, Classification and Compensation, Section 3-1-4
Temporary Positions clarifies the time period requirements for short-term temporary
positions.
The proposed revisions to Chapter 4, Employment Benefits and Leaves, Policy 4-3
Managed Time Off (MTO) Leave clarify what constitutes "consecutive days" under the
policy and adds flexibility to use up to five MTO days following the death of an
immediate family member, rather than only the two days currently allowed. The
changes to Policy 4-9 Leave Donation require that leave donations be in hour
increments and streamlines the process for deducting leave from the donors' leave
balances. The proposed revision to Policy 4-11 Workers' Compensation authorizes
payment for hours spent to seek medical treatment on the date of the accident, injury or
illness that extend beyond the employee's scheduled work hours. The proposed
revision to Policy 4-14 Alternative Work Assignments/Light Duty, Section 4-14-3
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October 17, 2023
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Procedures requires that employees on light duty status not receive call-out pay or
call-out supplementary pay.
The proposed revision to Chapter 8 Termination of Employment, Section 8-4-3
Compensation and Benefits removes the reference to Chapter 6 regarding future
performance pay increases, as performance pay increases are addressed by the annual
memo provided by the Human Resources Department.
The proposed revisions to Section 3-4-2 Pay Checks, Section 3-4-5 Payroll Errors,
Section 4-7-14 Maintenance of Group Health Plan Benefits, Section 4-9-4 Donation of
Leave, Section 4-15-2 Jury Duty, Section 4-15-3 Witness Duty, and Section 8-2-3 Final
Pay Check are requested due to payroll moving from the Finance Department to the
Human Resources Department.
Staff Recommendation:
Staff recommends approval of the Resolution adopting amendments to the Personnel
Policies and Procedures.
Suggested Motion:
I move to adopt Resolution No. 2023-102, approving and adopting amendments to the
Town's Personnel Policies and Procedures, revising Chapter 3 - Classification and
Compensation, Policy 3-1 "Position Status" and Policy 3-4 "Payroll Procedures,"
multiple policy revisions to Chapter 4 - Employment Benefits and Leaves, and revising
Chapter 8 - Termination of Employment, Policy 8-2 "Exit Process" and Policy 3-4
"Re-employment".
Attachments
Resolution No. 2023-102
Exhibit A to Resolution
Exhibit B to Resolution
Exhibit C to Resolution
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October 17, 2023
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Resolution No. 2023-102
MARANA RESOLUTION NO. 2023-102
RELATING TO PERSONNEL; APPROVING AND ADOPTING AMENDMENTS TO
THE TOWN'S PERSONNEL POLICIES AND PROCEDURES, REVISING CHAPTER 3 -
CLASSIFICATION AND COMPENSATION, POLICY 3-1 “POSITION STATUS” AND
POLICY 3-4 “PAYROLL PROCEDURES,” MULTIPLE POLICY REVISIONS TO CHAP-
TER 4 - EMPLOYMENT BENEFITS AND LEAVES, AND REVISING CHAPTER 8 - TER-
MINATION OF EMPLOYMENT, POLICY 8-2 “EXIT PROCESS” AND POLICY 8-4 “RE-
EMPLOYMENT”
WHEREAS Chapter 3-3 of the Marana Town Code provides that the Town Council
may adopt personnel policies, rules, and regulations that follow the generally accepted
principles of good personnel administration and which may be modified or changed
from time to time; and
WHEREAS the Town Council adopted Personnel Policies and Procedures via
Town of Marana Ordinance 99.12 and Resolution 99-38 on May 18, 1999; and
WHEREAS the Council finds that adoption of the amendments to the Town’s Per-
sonnel Policies and Procedures as set forth in this resolution is in the best interests of the
Town and its employees.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE TOWN OF MARANA, ARIZONA, as follows:
SECTION 1. Policy 3-1, entitled “Position Status,” and Policy 3-4, entitled “Pay-
roll Procedures,” of the Town’s Personnel Policies and Procedures are hereby amended
as set forth in Exhibit A attached to this resolution, with deletions shown with strikeouts
and additions shown with double underlining.
SECTION 2. Policy 4-3, entitled “Managed Time Off (MTO) Leave,” Policy 4-7,
entitled “Family and Medical Leave,” Policy 4-9, entitled “Leave Donation,” Policy 4-11,
entitled “Workers’ Compensation,” Policy 4-14, entitled “Alternative Work Assign-
ments/Light Duty,” and Policy 4-15 “Civic Duty” of the Town’s Personnel Policies and
Procedures are hereby amended as set forth in Exhibit B attached to this resolution, with
deletions shown with strikeouts and additions shown with double underlining.
SECTION 3. Policy 8-2, entitled “Exit Process,” and Policy 8-4, entitled “Re-em-
ployment,” of the Town’s Personnel Policies and Procedures are hereby amended as set
forth in Exhibit C attached to this resolution, , with deletions shown with strikeouts and
additions shown with double underlining.
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October 17, 2023
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Resolution No. 2023-102
SECTION 4. All ordinances, resolutions, or motions and parts of ordinances, res-
olutions, or motions of the Council in conflict with the provisions of this resolution are
hereby repealed, effective as of the effective date of this resolution.
SECTION 5. 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 aforementioned amendments.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Ar-
izona, this 17th day of October, 2023.
Mayor Ed Honea
ATTEST:
David Udall, Town Clerk
APPROVED AS TO FORM:
Jane Fairall, Town Attorney
Marana Regular Council Meeting Agenda Packet
October 17, 2023
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Exhibit A to Marana Resolution No. 2023-102
CHAPTER 3
CLASSIFICATION AND COMPENSATION
00092356.DOCX /1
POLICY 3-1 POSITION STATUS
All positions in the Town of Marana are categorized as classified, unclassified, or temporary
positions.
[No changes to Sections 3-1-1 through 3-1-3]
Section 3-1-4 Temporary Positions
This category of employment is comprised of term-limited temporary positions and
short-term temporary positions, as defined below. Employees in temporary positions are
at-will employees.
A. Term-limited temporary positions are positions with work related to a specific grant,
project, or other non-routine significant or substantial body of work, for a term of six to
36 months.
B. Short-term temporary positions are positions used to augment the workforce due to
seasonal and other specific temporary workload needs that require additional staffing.
Employees in short-term temporary positions shall work for a time period that does not:
exceed six months or 1040 hours in a rolling 12-month period.
1. in a fiscal year, exceed more than 20 hours per week for more than 19 weeks; and
2. in a rolling 12-month period, exceed an average of more than 29 hours per week or
1040 hours.
[NO CHANGES TO POLICIES 3-2 THROUGH 3-3]
POLICY 3-4 PAYROLL PROCEDURES
Regular Town employees are paid biweekly. There are 26 pay periods in the calendar year.
[No changes to Section 3-4-1]
Section 3-4-2 Pay Checks
A. The FinanceHuman Resources Department does not distribute paper checks. Employees
are paid through direct deposit on the Friday following the close of the pay period. If the
Friday following the close of the pay period is a Town-recognized holiday, the Finance
Human Resources Department shall select and coordinate an alternate pay date if
necessary.
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October 17, 2023
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Exhibit A to Marana Resolution No. 2023-102
CHAPTER 3
CLASSIFICATION AND COMPENSATION
00092356.DOCX /1
B. Employees receive a statement of earnings, deductions, leave balances and compensatory
time balance for the period covered by the payment.
[No changes to Sections 3-4-3 and 3-4-4]
Section 3-4-5 Payroll Errors
Occasionally, a payroll error will occur regarding an employee’s wages. If an employee
becomes aware of a payroll error, either an overpayment or an underpayment of wages, the
employee shall provide written notice to the employee’s supervisor and to the Human
Resources Director or designee as soon as the employee becomes aware of the error. Likewise,
the Human Resources Director or designee shall provide written notice to an employee of a
payroll error as soon as the Human Resources Department becomes aware of the error. Once
an error has been discovered, the Human Resources Department will initiate a correction as
follows:
A. If the employee has been underpaid due to an error made by the Human Resources
Department, the FinanceHuman Resources Department will run a special payroll as soon
as practical.
B. If the employee has been underpaid due to an error made by the employee or the
department payroll liaison, the Human Resources Department will make the appropriate
adjustment in pay at the next regular pay cycle.
C. If the employee has been overpaid due to an error made by the employee, the department
payroll liaison or the Human Resources Department, the employee will be required to
reimburse the Town for the overpayment. The Human Resources Department will make
every effort to establish a repayment schedule that meets the Human Resources
Department’s responsibility to recoup public funds in a timely manner and incorporates
consideration for the employee’s ability to repay.
[NO CHANGES TO POLICIES 3-5 THROUGH 3-13]
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October 17, 2023
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Exhibit B to Marana Resolution No. 2023-102
00092358.DOCX /1
CHAPTER 4
EMPLOYMENT BENEFITS AND LEAVES
[NO CHANGES TO POLICIES 4-1 AND 4-2]
POLICY 4-3 MANAGED TIME OFF (MTO) LEAVE
The Town of Marana provides managed time off (MTO) leave to eligible employees to allow for
necessary rest and relaxation away from work, for attendance at commitments outside of work,
and for income protection during medical leave. Employees are expected to responsibly use their
MTO leave.
[No changes to Sections 4-3-1 through 4-3-4]
Section 4-3-5 Request for Planned Managed Time Off Leave
A. Eligible employees may request to use planned MTO leave for up to two consecutive days
for any purpose, including the reasons listed in A.R.S. § 23-373(A). MTO days that are
split by a Town-approved holiday, weekend, or regularly scheduled days off are
considered consecutive days.
B. Eligible employees may request to use planned MTO leave for more than two consecutive
days in the increments of time the employee reasonably needs to use based on the purpose
of the leave. Planned MTO leave for more than two consecutive days may be used for
any of the following purposes:
1. Personal illness, disease or injury, or surgical, medical, dental or optical appointments,
including regular, preventative care appointments, and travel time to and from
medical appointments.
2. Medical conditions that prevent the employee from performing assigned tasks.
3. Illness or injury of family member or surgical, medical, dental or optical
appointments, including regular, preventative care appointments, for a family
member and related travel time to and from medical appointments.
4. Any FMLA-qualifying reason not otherwise listed in this paragraph.
5. Any reason listed in A.R.S. § 23-373(A).
C. Employees must request to use planned MTO leave in advance. Leave requests shall be
submitted as far in advance as possible. Employees shall make a good faith effort to
provide notice of the need for such time to the employer in advance of the use of the MTO
leave and shall make a reasonable effort to schedule the use of MTO leave in a manner
that does not unduly disrupt the operations of the employer.
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Exhibit B to Marana Resolution No. 2023-102
00092358.DOCX /1
D. No more than two planned MTO leave days may be used in conjunction with the use of
vacation leave, compensatory time, military leave, bereavement leave or administrative
leave unless the use is for medical purposes.
E. An employee may use up to a maximum of five consecutive planned MTO days, in
addition to bereavement leave, following the death of an immediate family member as
defined in Section 4-6-4 if the employee did not use MTO as set forth in Section 4-3-6(B).
Section 4-3-6 Request for Unplanned Managed Time Off Leave
A. Eligible employees may request to use unplanned MTO in the increments of time the
employee reasonably needs to use based on the purpose of the leave for any of the
following unforeseen reasons:
1. Personal illness, disease or injury, or surgical, medical, dental or optical appointments,
including regular, preventative care appointments, and travel time to and from
medical appointments.
2. Medical conditions that prevent the employee from performing assigned tasks.
3. Illness or injury of family member or surgical, medical, dental or optical
appointments, including regular, preventative care appointments, for a family
member and related travel time to and from medical appointments.
4. Any FMLA-qualifying reason not otherwise listed in this paragraph.
5. Any reason listed in A.R.S. § 23-373(A).
6. Emergencies or other similar circumstances necessitating the employee’s absence from
work.
B. An employee may use up to a maximum of five consecutive unplanned MTO days, in
addition to bereavement leave, following the death of an immediate family member as
defined in Section 4-6-4 if the employee did not use MTO as set forth in Section 4-3-5(E).
BC. For unplanned MTO leave, the employee shall notify his or her direct supervisor before
the scheduled start of the employee’s work day. The employee shall also contact his or her
direct supervisor on each additional day of absence unless the employee has notified the
supervisor in advance of the number of days the employee will be absent.
CD. Upon return to work, the employee shall submit a leave request to his or her direct
supervisor for the time missed.
[No changes to Sections 4-3-7 through 4-3-9]
[NO CHANGES TO POLICIES 4-4 THROUGH 4-6]
POLICY 4-7 FAMILY AND MEDICAL LEAVE
In accordance with the Family and Medical Leave Act (FMLA) of 1993 and the National Defense
Authorization Acts (NDAA) of 2008 and 2010, the Town of Marana provides job-protected family
and medical leaves of absence without pay to eligible employees who are temporarily unable to
work due to an FMLA-qualifying reason.
The provisions of this policy are not intended to conflict with or supersede federal law, nor should
they be interpreted or construed to do so. If any provision of this policy conflicts with federal law,
federal law shall control.
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Exhibit B to Marana Resolution No. 2023-102
00092358.DOCX /1
[No changes to Sections 4-7-1 through 4-7-13]
Section 4-7-14 Maintenance of Group Health Plan Benefits
A. Subject to the terms, conditions and limitations of the applicable group health insurance
plans, the Town of Marana shall maintain group health plan benefits, including family
coverage, for an employee on FMLA leave on the same terms as if the employee continued
to work.
B. An employee who is on paid FMLA leave via the use of paid leave balances shall continue
to pay his or her share of the group health plan insurance premium, if any, through payroll
deductions.
C. An employee who is on unpaid FMLA leave shall make arrangements with the Human
Resources and Finance Departments to make payments for his or her share of the group
health plan insurance premium, if any. If payment is more than 30 days overdue, the
Town shall provide written notice to the employee that payment has not been received
and that coverage will be dropped. The notice shall be mailed to the employee at least 15
days before coverage is to be dropped. If the Town pays any of the employee’s share of
group health plan premiums, the Town may require the employee to reimburse the Town
for the employee’s share. If coverage is dropped, it shall be dropped retroactively to the
date the unpaid premium payment was due and the provisions of the federal COBRA law
shall apply.
D. The Town’s obligation to maintain group health plan benefits under this section stops if
and when the employee informs the Town of an intent not to return to work at the end of
the leave period or if the employee fails to return to work when the FMLA leave
entitlement is exhausted. In some circumstances, the Town may recover its share of
premiums it paid to maintain group health plan insurance coverage for an employee who
fails to return to work from FMLA leave.
[No changes to Sections 4-7-15 through 4-7-19]
[NO CHANGES TO POLICY 4-8]
POLICY 4-9 LEAVE DONATION
Eligible employees may receive contributions of leave from other employees as outlined in this
policy if the employee is unable to return to work due to his or her own serious health condition
or the serious health condition of a family member as defined in this policy.
[No changes to Sections 4-9-1 through 4-9-3]
Section 4-9-4 Donation of Leave
A. Employees may donate leave by submitting a completed leave donation form, available
in the Human Resources Department, to the Human Resources Department. The identity
of donating employees will be kept confidential.
B. Employees must submit a new leave donation form for each FMLA leave or
administrative leave for medical purposes period during which the employee desires to
donate leave and for each person the employee desires to donate leave to.
C. Employees may donate vacation, MTO, or sick leave, pursuant to the following
conditions:
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Exhibit B to Marana Resolution No. 2023-102
00092358.DOCX /1
1. Donating employees must maintain a total cumulative balance of 80 hours of sick,
MTO, and vacation leave.
2. Employees may only donate up to a combined total of 40 hours of sick and MTO leave
per calendar year. Employees may donate as much vacation leave as they choose,
provided that the mandated 80-hour balance is maintained.
D. Employees must donate leave in full day hour increments, based on the number of hours
in the receiving employee’s work day. That is, if the receiving employee works eight hour
days, the donating employee must donate leave in eight-hour increments; if the receiving
employee works ten hour days, the donating employee must donate leave in ten-hour
increments, and so on.
E. Employees must pledge up to a certain maximum amount of leave hours they will donate
for a particular employee during a particular leave period. The pledged leave hours will
remain in the donating employees leave banks unless and until they are needed by the
receiving employee, at which time the FinanceHuman Resources Department will draw
from the pledged leave hours.
F. The Human Resources Department will review the leave donation form to ensure that the
donation complies with the provisions of this policy. As the FinanceHuman Resources
Department draws from the pledged leave hours, the FinanceHuman Resources
Department will monitor the donation to ensure continued compliance with the
mandatory 80-hour leave balance provision of this policy.
G. If more than one employee donates leave to a particular employee, leave will be deducted
from the donors’ leave balances on a rotating basis, in the order it was donated, in full day
increments, based on the number of hours in the receiving employee’s work day.
H. There is no limit on the amount of donated leave eligible employees may receive, except
that the total time the employee is unable to perform the essential functions of his or her
regular position, with or without a reasonable accommodation, shall not exceed the
equivalent of 12 months in any 24-month period. For purposes of tracking leave time, 12
months will be measured based on 2080 hours for full-time employees and pro-rated for
part-time employees.
I. Donated leave hours may only be drawn from and used by the receiving employee while
the donating employee is an active Town employee.
J. The receiving employee and the Town are under no obligation to repay any used donated
leave to the donating employee.
[No changes to Sections 4-9-5 through 4-9-7]
[NO CHANGES TO POLICY 4-10]
POLICY 4-11 WORKERS’ COMPENSATION
Under Arizona law, it is mandatory for employers to secure workers’ compensation insurance
for their employees. Workers’ compensation is a “no fault” system in which an injured or ill
employee is entitled to receive benefits for a job-related injury or illness, no matter who caused
the injury or illness. If an illness or injury is job-related, then the injured employee is eligible to
receive medical benefits and may receive temporary compensation, if eligibility requirements are
Marana Regular Council Meeting Agenda Packet
October 17, 2023
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Exhibit B to Marana Resolution No. 2023-102
00092358.DOCX /1
met. In some cases, a claimant may also receive permanent compensation benefits, job retraining,
and supportive medical care.
The provisions of this policy are not intended to conflict with or supersede state law, nor should
they be interpreted or construed to do so. If any provision of this policy conflicts with state law,
state law shall control.
[No changes to Sections 4-11-1 and 4-11-3]
Section 4-11-4 Use of Leave
A. On the day of the accident, injury or illness, the employee will not be required to use sick,
MTO, or other leave for an absence that is a direct result of the accident, injury or illness.
On the day of the accident, injury, or illness, Ttime spent during the work day addressing
the accident, injury or illness, such as seeking medical attention, shall be treated as time
worked. The employee will not be paid wages for any time spent addressing the accident,
injury or illness outside the employee’s scheduled work day.
B. Beginning with the first work day following the day of the accident, injury or onset of
illness, the employee may use any leave balances for absences related to the accident,
injury or illness. Any request to use paid leave balances will be considered in accordance
with the leave policies set forth in this chapter.
C. After the employee informs the Town of a job-related accident, injury or illness, the Town
may require the employee to be examined on one occasion by a physician of the Town’s
choosing. This does not restrict the employee from seeking treatment by a physician or
facility of the employee’s choosing at the time of the accident, injury, or illness. If the
Town requires an examination pursuant to this section, such appointment will be
scheduled in advance, during work time, on an employee’s regularly scheduled work day.
The time spent at the appointment will be considered time worked.
CD. If the employee used leave balances for time lost and the workers’ compensation carrier
then provides retroactive compensation benefits for lost wages, the Town shall reimburse
the employee’s leave balances in the appropriate amount and type of leave for the time
lost that is retroactively paid through compensation benefits. The Town will correct the
overpayment to the employee in the next regular pay cycle or cycles by reducing the
employee’s hours paid by the Town.
DE. The employee’s pay shall not exceed the employee’s normal weekly earnings through
any combination of workers’ compensation benefits, paid leave and other payments
received by the employee. If the combination of payments results in the employee being
paid more than his or her normal weekly earnings, the Town shall require the employee
to reimburse the Town for the overpayment.
EF. For any absences during which the employee is receiving compensation benefits for lost
wages from the workers’ compensation carrier, the payroll liaison for the employee’s
department shall record the employee’s time allocating that portion of the employee’s
time that is being paid by the workers’ compensation carrier as “workers’ compensation”
and the remainder of the employee’s time as paid or unpaid leave, as applicable.
FG. When an employee with a job-related injury or illness returns to work, either in his or her
normal assignment or in an alternative work assignment (light/restricted duty), the
employee must use sick or MTO leave or other approved leave for absences due to
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Exhibit B to Marana Resolution No. 2023-102
00092358.DOCX /1
medical appointments, including physical therapy, for the job-related injury or illness.
Any request to use paid leave balances will be considered in accordance with the leave
policies set forth in this chapter.
GH. The Town shall not approve the use of sick, MTO, or vacation leave for an employee
who has an injury, illness or disease incurred while employed by another employer.
[No changes to Sections 4-11-5 through 4-11-7]
[NO CHANGES TO POLICIES 4-12 AND 4-13]
POLICY 4-14 ALTERNATIVE WORK ASSIGNMENTS/LIGHT DUTY
The Town of Marana recognizes the value of allowing employees with work restrictions to
temporarily work in an alternative work or light/restricted duty assignment. Alternative work
assignments are intended for employees with medically documented temporary mental or
physical illnesses or injuries sustained on or off the job who have work restrictions and who are
expected to eventually return to unrestricted work. The Human Resources Department shall
coordinate and administer all alternative work assignments for the Town.
The provisions of this policy are not intended to conflict with or supersede federal or state law,
nor should they be interpreted or construed to do so. If any provision of this policy conflicts with
federal or state law, federal or state law shall control.
[No changes to Sections 4-14-1 and 4-14-2]
Section 4-14-3 Procedures
A. When the Human Resources Department becomes aware that an employee has temporary
work restrictions, the Human Resources Department will make every effort consistent
with the provisions of this policy to offer the employee an alternative work assignment.
B. In order to be considered for an alternative work assignment, an employee must present
a medical certification from a health care provider specifying work restrictions and the
expected duration of the restrictions to the Human Resources Department.
C. Upon receipt of the certification, the Human Resources Department may communicate
with the employee’s health care provider to clarify and attain specificity on physical
restrictions and limitations relative to specific job duties and responsibilities.
D. The Human Resources Department shall determine whether there are any alternative
work assignments within the Town which the employee can perform given the work
restrictions. Primary consideration will be given to job placement within the employee’s
department and regular job duties. However, an employee may also be placed in an
alternative work assignment in another department and/or in another position. An
alternative work assignment may also result in a change in the employee’s work hours.
E. An employee may be placed in an assignment that is in a lower classification than the
employee’s regular job assignment; however, the employee’s salary shall remain the same
as it was in the employee’s regular job assignment. Overtime, on-call/stand-by pay, and
call-out pay, and call-out supplementary pay are is not authorized for employees on light
duty status.
F. Under no circumstances will the Town create a position solely for the purpose of
providing work for an employee who is eligible to return to work under a temporary work
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Exhibit B to Marana Resolution No. 2023-102
00092358.DOCX /1
restriction. Alternative work assignments shall involve productive work that is both
useful to the Town and achievable within the restrictions placed on the employee. If there
is no alternative work assignment available for a particular employee, the employee shall
remain on, or be placed on, an appropriate form of leave, pursuant to the policies set forth
in this chapter.
G. Employees with on the job injuries or illnesses shall be given preference for alternative
work assignments over employees with off the job injuries or illnesses, even if an
employee with an off the job injury is already serving in an alternative work assignment.
Thus, if an employee with an off the job injury is serving in an alternative work
assignment, the Town may remove that employee from the assignment if removal is
necessary to provide an alternative work assignment for an employee with an on the job
injury.
H. An employee who has previously been subject to work restrictions is required to inform
the Human Resources Department immediately upon receiving a release to regular duty
from a health care provider.
[No changes to Sections 4-14-4 through 4-14-8]
POLICY 4-15 CIVIC DUTY
The Town of Marana encourages employees to fulfill their civic responsibilities as citizens and
provides civic duty leave to eligible employees as described in this policy.
[No changes to Section 4-15-1]
Section 4-15-2 Jury Duty
A. Eligible employees shall be granted up to ten days of paid jury duty leave during any
rolling 12-month period.
B. Employees shall provide a copy of the jury duty summons to their supervisor as soon as
possible so that the supervisor may make arrangements to accommodate the employee’s
absence.
C. Employees on jury duty shall be paid their regular base rate of pay provided that they
submit any juror fee payments received from the court, excluding mileage and per diem
payments, to the FinanceHuman Resources Department. Employees may keep mileage
and per diem payments.
D. If an employee is required to serve on jury duty beyond the period of paid jury duty leave,
the employee may request to use vacation, MTO, or compensatory leave balances or may
request administrative leave for non-medical purposes.
E. Employees shall report for work while on jury duty whenever the court schedule permits.
F. The Department Head may ask the employee to request an excuse or postponement from
jury duty if, in the Department Head’s judgment, the employee’s absence would create
serious operational difficulties.
Section 4-15-3 Witness Duty
A. Eligible employees shall be granted up to 40 hours of paid time off for each instance in
which the employee is subpoenaed to appear in court as a witness in a case. This section
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Exhibit B to Marana Resolution No. 2023-102
00092358.DOCX /1
does not apply to employees who are subpoenaed to appear in court as a part of their
regular job responsibilities, such as police officers. Employees who are subpoenaed to
appear in court as a part of their regular job responsibilities are considered to be on duty
while responding to the subpoena.
B. Employees shall provide a copy of the subpoena to their supervisor immediately after it
is received so that the supervisor may make arrangements to accommodate the
employee’s absence.
C. Employees under subpoena shall be paid their regular base rate of pay provided that they
submit any witness fee payments, excluding mileage and per diem payments, to the
FinanceHuman Resources Department. Employees may keep mileage and per diem
payments.
D. If an employee is required to appear in court beyond the period of paid leave provided
by this section, the employee may request to use vacation, MTO, or compensatory leave
balances or may request administrative leave for non-medical purposes.
E. Employees under subpoena shall report for work whenever the court schedule permits.
F. Employees are not eligible for witness duty leave for time spent in court on personal
matters without a subpoena. Employees shall request the use of leave for these court
matters.
[No changes to Section 4-15-4]
[NO CHANGES TO POLICY 4-16]
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Exhibit C to Marana Resolution No. 2023-102
00092359.DOCX /2
CHAPTER 8
TERMINATION OF EMPLOYMENT
[NO CHANGES TO POLICY 8-1]
POLICY 8-2 EXIT PROCESS
The Human Resources Department is responsible for coordinating the exit process with the
Department Head, the chain of authority above the level of Department Head and the Finance
Department.
[No changes to Sections 8-2-1 and 8-2-2]
Section 8-2-3 Final Pay Check
A. The Finance Department shall be notified of the employee’s separation date through
ashall be documented on the Personnel Action Form. Employees shall receive pay for
work performed through the last hour worked and for unused benefits as stipulated by
Town policy and laws governing final payments.
1. Terminated employees must be issued their final pay check within seven working
days of the effective date of the termination or at the end of the next regular pay
period, whichever is sooner.
2. Employees who leave the employment of the Town by means other than termination
will be paid at the close of the next regular pay period.
3. Costs of unreturned Town property will be deducted from the final paycheck.
4. The Town will distribute the final pay check to the employee via direct deposit.
B. It is the responsibility of the Department Head to ensure that the employee has completed
final clearance and that all items, including the Personnel Action Form, the exit clearance
checklist and the final time entry, have been properly completed and forwarded to the
Human Resources Department and the Finance Department within the required time
frames for issuance of the final pay check.
[No changes to Sections 8-2-4 and 8-2-5]
[NO CHANGES TO POLICY 8-3]
POLICY 8-4 RE-EMPLOYMENT
[No changes to Sections 8-4-1 and 8-4-2]
Section 8-4-3 Compensation and Benefits
A. An employee re-employed in his or her former position or in another position will be
subject to the compensation policies and practices for new hires regardless of the
employee’s previous compensation at the time of separation.
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Exhibit C to Marana Resolution No. 2023-102
00092359.DOCX /2
B. Future performance pay increases for a re-employed employee will be in accordance with
the performance management policies and procedures set forth in Chapter 6 of these
Personnel Policies and Procedures.
CB. An employee re-employed in his or her former position or another position within nine
months after the employee’s resignation will accrue vacation leave at the same accrual
rate as the employee accrued at the time of the employee’s resignation. In addition, the
employee’s previous Town service time will be credited toward the employee’s length of
service for purposes of vacation leave accrual. However, the time between resignation and
re-employment will not be credited toward the length of service for this purpose. The
employee will not be required to serve the waiting period described in Section 4-1-5 of
these Personnel Policies and Procedures before using vacation.
DC. An employee re-employed in his or her former position or another position within nine
months after the employee’s resignation shall have his or her previous accumulated sick
or MTO leave balance restored.
ED. Depending upon the provider and the plan, separation and re-employment may be
considered a break in service for purposes of insurance benefits and the employee may be
required to serve the required waiting period before receiving insurance benefits.
[No changes to Sections 8-4-4 through 8-4-7]
Marana Regular Council Meeting Agenda Packet
October 17, 2023
Page 44 of 120
Council-Regular Meeting C5
Meeting Date:10/17/2023
To:Mayor and Council
Submitted For:Jing Luo, Water Director
From:Humberto Del Castillo, Business Financial Manager
Date:October 17, 2023
Strategic Plan Focus Area:
Proactive Public Services
Subject:Resolution No. 2023-103: Relating to Utilities; approving and
authorizing the Mayor to sign an amendment to the Intergovernmental
Agreement, effective December 1, 2023, between the Town of Marana
and Pima County for provision of water consumption data and sewer
user account billing services (Jing Luo)
Discussion:
On November 17, 2020, the Town Council approved Resolution No. 2020-121
authorizing the Town to enter into an intergovernmental agreement (IGA) with Pima
County for the provision of water consumption data and sewer user account billing
services. Based on this IGA between Pima County and the Town of Marana, the
Marana Water Department processes billing for Pima County Regional
Wastewater Reclamation Department (RWRD) customers each month and transfers
appropriate data and revenues to RWRD. For this service, the Town collected $1.59 per
month per customer account processed without exceeding $65,000.00 (the Maximum
Yearly Limit") annually. The IGA has a two-year term with up to four optional
one-year extensions following the initial term. Amendment number one under this
IGA, which was executed on November 30, 2022, established a revised current user fee
of $1.86 per month per customer account processed and a revised Maximum Yearly
Limit increased to $85,000.00 annually.
The 2022 amendment to the original agreement expires on November 30, 2023, and
Marana Water Department staff has negotiated a new billing rate for the upcoming
year. Pursuant to proposed new amendment, which is attached as Exhibit A to the
Marana Regular Council Meeting Agenda Packet
October 17, 2023
Page 45 of 120
resolution accompanying these agenda materials, the rate will increase from $1.86 to
$2.08 per month per customer account processed and the Maximum Yearly Limit will
increase from $85,000.00 to $100,000.00 annually. Under the proposed amendment, the
IGA will be extended through November 30, 2024.
Financial Impact:
The revenue resulting from the amendment is included in the Water Department's
revenue forecasting on an annual basis and helps toward the recovery of costs
associated with the administration of the IGA terms.
Staff Recommendation:
Staff recommends adoption of Resolution No. 2023-103, approving and authorizing the
Mayor to sign an amendment to the intergovernmental agreement, effective December
1, 2023, between the Town of Marana and Pima County for provision of water
consumption data and sewer user account billing services.
Suggested Motion:
I move to adopt Resolution No. 2023-103, approving and authorizing the Mayor to sign
an amendment to the Intergovernmental Agreement, effective December 1, 2023,
between the Town of Marana and Pima County for provision of water consumption
data and sewer user account billing services.
Attachments
Resolution No. 2023-103
Exhibit A to Resolution - IGA
Marana Regular Council Meeting Agenda Packet
October 17, 2023
Page 46 of 120
00084700.DOCX /2
Resolution No. 2023-103 - 1 -
MARANA RESOLUTION NO. 2023-103
RELATING TO UTILITIES; APPROVING AND AUTHORIZING THE MAYOR TO SIGN
AN AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT, EFFECTIVE
DECEMBER 1, 2023, BETWEEN THE TOWN OF MARANA AND PIMA COUNTY FOR
PROVISION OF WATER CONSUMPTION DATA AND SEWER USER ACCOUNT
BILLING SERVICES
WHEREAS Pima County operates and maintains a public sanitary sewerage sys-
tem and is the designated public sewer system provider for the eastern and southern
portions of the Town of Marana; and
WHEREAS the Town of Marana is the potable water provider for a portion of the
area that receives sewer service from Pima County; and
WHEREAS on November 17, 2020, the Town Council approved Resolution No.
2020-121 authorizing the Town to enter into an intergovernmental agreement with Pima
County, effective December 1, 2020 (the “IGA”), for the provision of water consumption
data and sewer user account billing services; and
WHEREAS the IGA is effective for a two-year period with up to four optional, one-
year extensions; and
WHEREAS the Town and the County exercised the first one-year extension on
November 30, 2023, and amended the IGA to increase the monthly billing rate for the
provision of water consumption data and sewer user account billing services; and
WHEREAS the Town and the County are now desirous to exercise the second ex-
tension and amend the agreement to further increase the monthly billing rate for the pro-
vision of water consumption data and sewer user account billing services; and
WHEREAS the Mayor and Town Council find that entering into such an amend-
ment is in the best interests of the Town and its citizens.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE TOWN OF MARANA, ARIZONA, AS FOLLOWS:
SECTION 1. The amendment to the intergovernmental agreement between the
Town of Marana and Pima County for provision of water consumption data and sewer
user account billing services substantially in the same form attached to and incorporated
Marana Regular Council Meeting Agenda Packet
October 17, 2023
Page 47 of 120
00084700.DOCX /2
Resolution No. 2023-103 - 2 -
by this reference in this resolution as Exhibit A is hereby approved and the Mayor is
hereby authorized and directed to sign 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, as amended.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 17th day of October, 2023.
Mayor Ed Honea
ATTEST:
David L. Udall, Town Clerk
APPROVED AS TO FORM:
Jane Fairall, Town Attorney
Marana Regular Council Meeting Agenda Packet
October 17, 2023
Page 48 of 120
Contract No.: CT-WW-21-224-02 1
Revised 8/19/22
Pima County Department of Regional Wastewater Reclamation
Project: Sewer Billing and Collection Services
Contractor: Town of Marana
Contract No.: CT-WW-21-224
Contract Amendment No.: Two (2)
Orig. Contract Term: 12/01/2020 - 11/30/2022 Orig. Amount: $130,000.00
Termination Date Prior Amendment: 11/30/2023 Prior Amendments Amount: $ 85,000.00
Termination Date This Amendment: 11/30/2024 This Amendment Amount: $100,000.00
Revised Total Amount: $315,000.00
INTERGOVERNMENTAL AGREEMENT AMENDMENT
WHEREAS, COUNTY and TOWN entered into an Intergovernmental Agreement (IGA) for services
as referenced above; and
WHEREAS, TOWN and COUNTY pursuant to Article 4 – Term, have agreed to extend the IGA term
for the second of four one-year renewal periods, and
WHEREAS, TOWN and COUNTY have agreed to increase the total contract amount to allow
payment for the continued provision of sewer billing and collection services during the extended term
of the contract.
NOW, THEREFORE, it is agreed as follows:
1.Maximum Payment Amount. Article 3 of the IGA is amended as follows:
a.For the services described in Exhibit A - Scope of Services, the County agrees to pay Town a
monthly administrative and billing fee (collectively, the “Unit Price”) of $2.08 per account per month,
for the purpose of reimbursing the Town for the cost of billing and collection services each year.
The billing fee is also intended to compensate Town for its implementation of cost and price control
activities. Town will invoice County on a monthly basis for the billing and collection services
rendered. Each invoice will include detailed documentation supporting the requested payment.
Payment requests will assign all costs to items identified and authorized by this IGA. County will
pay Town within 30 days for the services invoiced pursuant to this IGA. County may challenge any
invoice or may request additional supporting data, but such challenge or data request will not delay
County’s payment.
b.Total payment for this contract shall not exceed $100,000.00 (the “Maximum Yearly Limit”) annually.
In the event population growth projections indicate that the Maximum Yearly Limit will be exceeded,
County and Town will meet to discuss increasing funding to cover the costs for services. The terms
of this IGA, however, may only be amended pursuant to Article 20 below.
Exhibit A to Marana Resolution No. 2023-103
Marana Regular Council Meeting Agenda Packet
October 17, 2023
Page 49 of 120
Contract No.: CT-WW-21-224-02 2
Revised 8/19/22
2. Term. Pursuant to Article 4 of the IGA, the County is exercising the second extension option to
renew the IGA for one additional year commencing on December 1, 2023 and terminating on
November 30, 2024. If the commencement date is before the Effective Date of this amendment,
the parties will, for all purposes, deem the amendment to have been in effect as of the
commencement date.
REMAINDER OF THIS PAGE INTENTIONALLY BLANK
Exhibit A to Marana Resolution No. 2023-103
Marana Regular Council Meeting Agenda Packet
October 17, 2023
Page 50 of 120
Contract No.: CT-WW-21-224-02 3
Revised 8/19/22
All other provisions of the Contract not specifically changed by this Amendment remain in effect and
are binding upon the parties.
PIMA COUNTY:
______________________________
Chair, Board of Supervisors
ATTEST
______________________________
Clerk of the Board
__________________
Date
Approval as to Content for Pima County:
_____________________________
Director, RWRD
_________________
Date
______________________________
Director, Finance
__________________
Date
TOWN OF MARANA:
_____________________________
Mayor, Town of Marana
ATTEST
____________________________
Town Clerk
_____________________
Date
Intergovernmental Agreement Determination
The foregoing Intergovernmental Agreement Amendment between Pima County and the Town of
Marana has been reviewed by the undersigned, each of whom has determined that it is in proper form
and is within the powers and authority granted under the laws of the State of Arizona to the party he or
she represents.
PIMA COUNTY:
__________________________________
Deputy County Attorney
TOWN OF MARANA:
____________________________________
Town Attorney
Exhibit A to Marana Resolution No. 2023-103
Marana Regular Council Meeting Agenda Packet
October 17, 2023
Page 51 of 120
Council-Regular Meeting C6
Meeting Date:10/17/2023
To:Mayor and Council
From:David L. Udall, Town Clerk/Assistant Town Attorney
Date:October 17, 2023
Subject:Approval of Regular Council Meeting Summary Minutes of October 3, 2023
(David L. Udall)
Attachments
Regular Council Meeting Summary Minutes, 10/03/2023
Marana Regular Council Meeting Agenda Packet
October 17, 2023
Page 52 of 120
Regular Council Meeting Summary Minutes
October 3, 2023
Page 1 of 5
MARANA TOWN COUNCIL
REGULAR COUNCIL MEETING
11555 W. Civic Center Drive, Marana, Arizona 85653
Council Chambers, October 3, 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 6:00 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
Mayor Honea asked for a motion to approve the agenda.
Council Member Ziegler moved to approve the agenda as presented. Vice Mayor Post
seconded the motion. Motion passed, 6-0.
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October 17, 2023
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Regular Council Meeting Summary Minutes
October 3, 2023
Page 2 of 5
CALL TO THE PUBLIC
PROCLAMATIONS
PR1 Proclamation Recognizing October 8 - 13, 2023, as Fire Prevention Week (David
L. Udall)
Town Clerk/Assistant Town Attorney David Udall read the proclamation as Mayor
Honea presented it to its recipient.
MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS
Council Member Ziegler thanked Parks and Recreation Department staff for putting
together the Crossroads Dog Park reopening event.
Mayor Honea said he visited the Marana Pumpkin Patch and highlighted its opening
day on October 7, 2023. He said he and other Council Members also attended the ribbon
cutting for the new Fry’s store that will be constructed in Gladden Farms. He also
attended a Community Christian Church of Marana food bank opening event, a Pima
Association of Governments (PAG)/Regional Transportation Authority (RTA) meeting,
and the Sahuarita State of the Town event. Mayor Honea also said he was starting a new
podcast.
MANAGER’S REPORT: SUMMARY OF CURRENT EVENTS
Town Manager Terry Rozema said there were 91 total single-family residence permits
issued for the month of September. He said that last September, there were a total of 38
issued. He also highlighted an upcoming Concerts in the Courtyard Event taking place
on October 19, the Community Center and Aquatics Facility groundbreaking event being
held on October 20, and the Marana Fall Festival taking place on October 21.
PRESENTATIONS
CONSENT AGENDA
C1 Ordinance No. 2023.034: Relating to Finance; retroactively waiving the Park Rental
Bundle fee for the October 1, 2023 Paws and Patches fundraising event (David L. Udall)
Marana Regular Council Meeting Agenda Packet
October 17, 2023
Page 54 of 120
Regular Council Meeting Summary Minutes
October 3, 2023
Page 3 of 5
C2 Ordinance No. 2023.035: Relating to Finance; retroactively waiving the Park Rental
Bundle fee for an event held by HM3 Advocate, Inc. on August 5, 2023; and waiving the
Park Rental Bundle fee for an event to be held by HM3 Advocate, Inc. in the Fall of 2023
(Wayne Barnett)
C3 Approval of Special Council Meeting Summary Minutes of September 12, 2023
and Regular Council Meeting Summary Minutes of September 19, 2023 (David L. Udall)
Vice Mayor Post moved to approve the consent agenda. Council Member Ziegler
seconded the motion. Motion passed, 6-0.
LIQUOR LICENSES
L1 Relating to Liquor Licenses; recommendation to the Arizona Department of
Liquor Licenses and Control regarding an application for a new series #006 Bar liquor
license submitted by Andrea Dahlman Lewkowitz on behalf of My Place Hotel Marana,
located at 8530 North Joplin Lane, Tucson, Arizona 85742 (David L. Udall)
Mr. Udall informed the Council that Items L1 and L2 both involved series #006 Bar liquor
license applications for the My Place Hotel in Marana. He explained that the series #006
liquor license is a quota license available through the State’s Liquor License Lottery
process, and that under state law, an applicant can apply for more than one available
license under each quota-related series in the applicable County. He explained that in
Pima County, eight series #006 liquor licenses were made available through the lottery
system for the year 2023 and that My Place Hotel had submitted two applications for
series #006 licenses.
Mr. Udall said that the Department of Liquor and the Town would process both licenses,
and that the State may grant one of the licenses at the end of the lottery process. Town
staff reviewed both applications, and both were posted for the required 20-day period.
He said Town staff recommended an order of approval be submitted for both liquor
license applications.
Vice Mayor Post moved to approve and submit to the Arizona Department of Liquor
License and Control an order recommending approval of an application for a new series
#006 Bar liquor license submitted by Andrea Dahlman Lewkowitz on behalf of My Place
Hotel Marana, located at 8530 North Joplin Lane, Tucson, Arizona 85742. Council
Member Comerford seconded the motion. Motion passed, 6-0.
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October 17, 2023
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Regular Council Meeting Summary Minutes
October 3, 2023
Page 4 of 5
L2 Relating to Liquor Licenses; recommendation to the Arizona Department of
Liquor Licenses and Control regarding an application for a new series #006 Bar liquor
license submitted by Andrea Dahlman Lewkowitz on behalf of My Place Hotel Marana,
located at 8530 North Joplin Lane, Tucson, Arizona 85742 (David L. Udall)
Vice Mayor Post moved to approve and submit to the Arizona Department of Liquor
License and Control an order recommending approval of an application for a new series
#006 Bar liquor license submitted by Andrea Dahlman Lewkowitz on behalf of My Place
Hotel Marana, located at 8530 North Joplin Lane, Tucson, Arizona 85742. Council
Member Comerford seconded the motion. Motion passed, 6-0.
[Vice Mayor Post left the meeting at 6:15 PM.]
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 various projects.
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).
Marana Regular Council Meeting Agenda Packet
October 17, 2023
Page 56 of 120
Regular Council Meeting Summary Minutes
October 3, 2023
Page 5 of 5
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).
Mayor Honea asked for future agenda items. There were no future agenda items.
ADJOURNMENT
Mayor Honea asked for a motion to adjourn the meeting.
Council Member Ziegler moved to adjourn the meeting. Council Member Comerford
seconded the motion. Motion passed, 6-0. Meeting adjourned at 6:23 PM.
CERTIFICATION
I hereby certify that the foregoing are the true and correct minutes of the regular Town
Council meeting held on October 3, 2023. I further certify that a quorum was present.
________________________________________
David L. Udall, Town Clerk
Marana Regular Council Meeting Agenda Packet
October 17, 2023
Page 57 of 120
Council-Regular Meeting L1
Meeting Date:10/17/2023
To:Mayor and Council
Submitted For:David L. Udall, Town Clerk/Assistant Town Attorney
From:Nolette Hernandez, Records Clerk
Date:October 17, 2023
Strategic Plan Focus Area:
Not Applicable
Subject:Relating to Liquor Licenses; recommendation to the Arizona
Department of Liquor Licenses and Control regarding an application
for a new series #012 Restaurant liquor license submitted by Minh Van
Pham on behalf of Newton Pho, located at 5730 West Cortaro Farms
Road, Tucson, Arizona 85742 (David L. Udall)
Discussion:
This application is for a new series #012 Restaurant liquor license for Newton Pho
located at 5730 West Cortaro Farms Road, Tucson, Arizona 85742.
Pursuant to state law, the application was posted at the premises where the business is
to be conducted. The posted notice provided that residents within a one-mile radius
from the premises may file written arguments in favor of or opposed to the issuance of
the license with the Town Clerk’s Office within 20 days of the posting. Any written
arguments received by the Clerk’s Office for or against the proposed liquor license are
attached to this item and will be submitted to the Department of Liquor Licenses and
Control (DLLC).
Town staff has reviewed this application to determine whether the applicant is in
compliance with zoning, building, and other legal requirements for the business.
Additionally, the Marana Police Department has conducted a local background check.
The Town Council must enter an order recommending approval or disapproval of the
application within 60 days after filing of the application. Pursuant to state statute, a
Marana Regular Council Meeting Agenda Packet
October 17, 2023
Page 58 of 120
license will only be issued after a satisfactory showing of the capability, qualifications,
and reliability of the applicant and “in all proceedings before the town council, the
applicant bears the burden of showing that the public convenience requires and that
the best interests of the community will be substantially served by the issuance of a
license.”
If the Council’s recommendation is for disapproval, the order must include an
attachment stating the specific reasons for the recommendation of disapproval and
include a summary of the testimony or other evidence supporting the recommendation.
If the Council enters an order recommending approval of the application, or makes no
recommendation, then no hearing before the Arizona state liquor board will take place,
unless the director of the DLLC, the Liquor Board or a resident within a one-mile
radius from the premises requests a hearing. If the Council enters an order
recommending disapproval of the application, or if the director, board or a resident
within a one-mile radius from the premises requests a hearing, then the state board will
hold a hearing regarding the application.
At the hearing, the state board will consider all evidence and testimony in favor of or
opposed to the granting of the license. The decision of the board to either grant or
deny an application will normally take place within 105 days after the application has
been filed, unless the director of the DLLC deems it necessary to extend the time
period.
Staff Recommendation:
Town staff recommends that an order recommending approval be submitted to the
DLLC for this liquor license application.
Suggested Motion:
OPTION 1: I move to approve and submit to the DLLC an order recommending
approval of an application for a new series #012 Restaurant liquor license submitted by
Minh Van Pham on behalf of Newton Pho, located at 5730 West Cortaro Farms Road,
Tucson, Arizona 85742.
OPTION 2: I move to approve and submit to the DLLC an order recommending
disapproval of an application for a new series #012 Restaurant liquor license
application submitted by Minh Van Pham on behalf of Newton Pho, located at 5730
West Cortaro Farms Road, Tucson, Arizona 85742.
Attachments
Redacted Application
Affidavit of Posting
Local Governing Body Recommendation
Descriptions of Common Liquor Licenses
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fi
41P
4'
n Q POSTING Job#
tAtoi
DLLC use only
44rzcrp *
4',S1:19 Arizona Dept.of Liquor Licenses and Control
44lz0$/' 800 W.Washington St. 5th Floor Phoenix,AZ 85007
602)542-5141
Type or Print with Black Ink
zZ-5
Date of Posting:
09 / 12 /23
Date of Posting Removal:
91 /
Pham Minh Van
Applicant's Name:
Last First Middle
Business Address:
5730 W Cortaro Farm Rd Tucson 85742
Street City Zip
I hereby certify that pursuant to A.R.S. 4-201, I posted notice in a conspicuous place on the premises proposed to be
licensed by the above applicant and said notice was posted for at least twenty (20) days.
JR Burns Housing Rehabilitation Specialist (520) 990-2496
Print Name of City/County Official Title Phone Number
Signature Date Signed
Return this affidavit with your recommendations or any other related documents.
If you have any questions please call(602)542-5141 and ask for the Licensing Division.
7/21/2022
Individuals requiring ADA accommodations please call(602)542-2999Marana Regular Council Meeting Agenda Packet
October 17, 2023
Page 86 of 120
7/21/2022
Individuals requiring ADA accommodations please call (602)542-2999
Arizona Dept. of Liquor Licenses and Control
800 W. Washington St. 5th Floor Phoenix, AZ 85007
(602) 542-5141
Type or Print with Black Ink
City or Town of: Liquor License/Application #:
(Circle one) (Arizona license/application #)
County of: City/Town/County #:
Licensed establishment that will be operating within an “entertainment district” as described in A.R.S. §4-207(D)(2),
(Name of entertainment district) (Date of resolution to create the entertainment district)
A boundary map of entertainment district must be attached.
The at a meeting held
(Governing body) (Regular or special)
on the of , considered the application of
(Day) (Month) (Year) (Name of applicant)
for a license to sell spirituous liquor at the premises described in the application as provided by A.R.S §4 -201.
ORDER OF APPROVAL/DISAPPROVAL
IT IS THEREFORE ORDERED that the license APPLICATION OF
(Name of applicant) to sell spirituous liquor of the class and in the manner designated in the application, is hereby recommended
for .
(Approval, disapproval, or no recommendation)
TRANSMISSION OF ORDER TO STATE
IT IS FURTHER ORDERED that a certified copy of this order be immediately transmitted to the State
Department of Liquor, License Division, 800 W Washington, 5th Floor, Phoenix, Arizona 85007.
Dated at _______________________ on ________________, _________________, __________. (Location) (Day) (Month) (Year)
(Printed name of city, town or county clerk) (Signature of city, town or county clerk)
Local Governing Body
Recommendation
A.R.S. § 4-201(C)
Marana Regular Council Meeting Agenda Packet
October 17, 2023
Page 87 of 120
Department of Liquor Licenses and Control
Descriptions of Common Types of Liquor Licenses
{00018233.DOC / 2}
Series 6 Bar
The bar (series 6) liquor license is a "quota" license available only through the Liquor
License Lottery or for purchase on the open market. Once issued, this liquor license is
transferable from person to person and/or location to location within the same county
and allows the holder both on- & off-sale retail privileges. This license allows a bar
retailer to sell and serve all types of spirituous liquors, primarily by individual portions,
to be consumed on the premises and in the original container for consumption on or off
the premises. A retailer with off-sale ("To Go") privileges may deliver spirituous liquor
off of the licensed premises in connection with a retail sale. A.R.S. § 4 -206.01.F. states
that after January 1, 2011, the off-sale privileges associated with a bar license shall be
limited to no more than 30% of the total annual sales receipts of liquor by the licensee at
that location. Payment must be made no later than the time of delivery. Off-sale ("To
Go") package sales of spirituous liquor can be made on the bar premises as long as the
area of off-sale operation does not utilize a separate entrance and exit from the ones
provided for the bar. A hotel or motel with a Series 6 license may sell spirituous liquor
in sealed containers in individual portions to its registered guests at any time by means
of a minibar located in the guest rooms of registered guests. The registered guest must
be at least twenty-one (21) years of age. Access to the minibar is by a key or magnetic
card device and not furnished to a guest between the hours of 2:00 a.m. and 6:00 a.m.
Series 7 Beer and Wine Bar
The beer and wine bar (series 7) liquor license is a "quota" license available only
through the Liquor License Lottery or for purchase on the open market. Once issued,
this liquor license is transferable from person to person and/or location to location
within the same county and allows the holder both on- & off-sale retail privileges. This
license allows a beer and wine bar retailer to sell and serve beer and wine (no other
spirituous liquors), primarily by individual portions, to be consumed on the premises
and in the original container for consumption on or off the premises. A retailer with off -
sale ("To Go") privileges may deliver spirituous liquor off of the licensed premises in
connection with a retail sale. A.R.S. § 4-206.01.F. states that after January 1, 2011, the off-
sale privileges associated with a bar license shall be limited to no more than 30% of the
total annual sales receipts of liquor by the licensee at that location. Off-sale ("To Go")
package sales can be made on the bar premises as long as the area of off-sale operation
does not utilize a separate entrance and exit from the one provided for the bar. Payment
must be made no later than the time of delivery.
Marana Regular Council Meeting Agenda Packet
October 17, 2023
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Department of Liquor Licenses and Control
Descriptions of Common Types of Liquor Licenses
{00018233.DOC / 2}
Series 9 Liquor Store
The liquor store (series 9) license is a "quota" license available only through the Liquor
License Lottery or for purchase on the open market. Once issued, this liquor license is
transferable from person to person and/or location to location within the same county
and allows a spirituous liquor store retailer to sell all types of spirituous liquors, only in
the original unbroken package, to be taken away from the premises of the retailer and
consumed off the premises. A retailer with off-sale privileges may deliver spirituous
liquor off of the licensed premises in connection with a retail sale. Payment must be
made no later than the time of delivery. Series 9 (liquor store) licensees and applicants
may apply for unlimited sampling privileges by completing the Sampling Privileges
form.
Series 10 Beer and Wine Store
This non-transferable, off-sale retail privileges liquor license allows a retail store to sell
beer and wine (no other spirituous liquors), only in the original unbroken package, to
be taken away from the premises of the retailer and consumed off the premises. A
retailer with off-sale privileges may deliver spirituous liquor off of the licensed
premises in connection with a retail sale. Payment must be made no later than the time
of delivery. Series 10 (beer and wine store) licensees and applicants may apply for
unlimited sampling privileges by completing the Sampling Privileges form.
Series 11 Hotel/Motel
This non-transferable, on-sale retail privileges liquor license allows the holder of a
hotel/motel license to sell and serve all types of spirituous liquor solely for
consumption on the premises of a hotel or motel that has a restaurant where food is
served on the premises. The restaurant on the licensed premises must derive at least
forty percent (40%) of its gross revenue from the sale of food. The holder of this license
may sell spirituous liquor in sealed containers in individual portions to its registered
guests at any time by means of a minibar located in the guest rooms of registered
guests. The registered guest must be at least twenty -one (21) years of age. Access to the
minibar is provided by a key or magnetic card device and may not be furnished to a
guest between the hours of 2:00 a.m. and 6:00 a.m.
Series 12 Restaurant
This non-transferable, on-sale retail privileges liquor license allows the holder of a
restaurant license to sell and serve all types of spirituous liquor solely for consumption
on the premises of an establishment which derives at least forty percent (40%) of its
gross revenue from the sale of food. Failure to meet the 40% food requirement may
result in revocation of the license.
Marana Regular Council Meeting Agenda Packet
October 17, 2023
Page 89 of 120
Council-Regular Meeting A1
Meeting Date:10/17/2023
To:Mayor and Council
From:Luke Fischer, Senior Assistant Town Attorney
Date:October 17, 2023
Strategic Plan Focus Area:
Proactive Public Services
Subject:Ordinance No. 2023.037: Relating to Animal Control; amending Marana Town
Code Title 6 (Animal Control); adding new chapter 6-10 “Pet Stores” to
regulate pet stores by establishing requirements and authorizing enforcement;
and designating an effective date
Resolution No. 2023-104: Relating to Animal Control; declaring as a public
record filed with the Town Clerk the amendments adopted by Ordinance No.
2023.037 to Marana Town Code Title 6 (Animal Control); adding new chapter
6-10 “Pet Stores” to regulate pet stores by establishing requirements and
authorizing enforcement (Luke Fischer)
Discussion:
Arizona Revised Statutes Article 17 - Pet Dealers (A.R.S. § 44-1799 et. seq.) sets forth
regulations for pet dealers. These regulations include requirements that a dog or cat
must be examined by a licensed veterinarian before being placed for sale, and, if the
dog or cat is afflicted with a contagious disease, it either will be returned to the source
or kept by the pet dealer but caged separately from other healthy animals. Pet dealers
must give purchasers of a cat or dog a written statement regarding the animal
including: birth date and birthplace, the date the pet dealer received the animal,
immunizing and deworming treatments given as of the time of sale, identifying marks
apparent at the time of sale, and information related to any veterinary treatment or
medication given to the animal while in possession of the pet dealer. The purchaser
shall acknowledge receipt of the written statement and, upon request, be provided
written notice of the purchaser's rights including a copy of the state law. Additionally,
pet dealers must post a notice in close proximity to the cages with specific language
directing prospective purchasers to state law and advising them of their rights as aMarana Regular Council Meeting Agenda Packet
October 17, 2023
Page 90 of 120
directing prospective purchasers to state law and advising them of their rights as a
purchaser. Written health records for each cat and dog placed for sale must be
maintained for one year after sale and are subject to inspection. Finally, pet dealers
shall not offer for sale a cat or dog that is less than eight weeks old. A.R.S. § 44-1799.08
authorizes a civil penalty of not more than one thousand dollars per violation for civil
violations of state law.
A.R.S. § 44-1799.04(A) requires that pet dealers must also maintain sanitary facilities,
provide cats or dogs potable water and adequate nutrition, provide adequate space and
appropriate flooring, cage contagious animals separately from healthy animals, and
provide appropriate veterinary care when necessary. A pet dealer in violation of A.R.S.
§ 44-1799.04(A) is guilty of a class 1 misdemeanor, a criminal offense.
A.R.S. § 44-1799.10 outlines requirements for pet stores and pet dealers related to how
they obtain dogs or cats that are placed for sale. These requirements include, but are
not limited to:
- dogs or cats offered for sale must be obtained by pet stores and dealers in a manner
that meets requirements to ensure compliance with pet dealer regulations of the United
States department of agriculture under the animal welfare act (7 United States Code §§
2131 through 2159);
- pet dealers must maintain records, subject to inspection, verifying compliance with
obtaining requirements for at least two years after obtaining dogs or cats for sale; and
- pet dealers must display, on both the cage and any marketing materials, the source of
any dog or cat offered for sale by providing the name of the breeder of the animal, the
United States department of agriculture license number of the breeder, if applicable,
and the United States department of agriculture website where information about the
breeder can be obtained.
A.R.S. § 44-1799.11 authorizes the town to enact and enforce an ordinance to
enforce A.R.S. § 44-1799.10 against a pet store or pet dealer, but any such ordinance
cannot exceed the requirements of either A.R.S. § 44-1799.10 or the penalties
specifically prescribed by A.R.S. § 44-1799.08. The penalties prescribed by A.R.S. §
44-1799.08 begin with a civil penalty of not more than one thousand dollars per
violation for a first violation, but the penalties increase when there are subsequent
violations in specified time periods.
The proposed ordinance would add Chapter 6-10 "Pet Stores" to town code,
incorporating the regulations and enforcement authorized in state law and specifically
authorizing the Town to enforce regulations authorized by A.R.S. § 44-1799.10 against
a pet store or pet dealer.
Staff Recommendation:
Town staff recommends adoption of the revisions to Town Code regarding pet store
regulations.
Suggested Motion:
Marana Regular Council Meeting Agenda Packet
October 17, 2023
Page 91 of 120
I move to adopt Ordinance No. 2023.037, amending Marana Town Code Title 6
(Animal Control); adding new chapter 6-10 “Pet Stores” to regulate pet stores by
establishing requirements and authorizing enforcement and Resolution No. 2023-104,
declaring as a public record filed with the Town Clerk the amendments adopted by
Ordinance No. 2023.037
Attachments
Ordinance No. 2023.037
Resolution No. 2023-104
Exhibit A to Resolution No. 2023-104
Marana Regular Council Meeting Agenda Packet
October 17, 2023
Page 92 of 120
00092474.DOCX /5
Ordinance No. 2023.037 - 1 -
MARANA ORDINANCE NO. 2023.037
RELATING TO ANIMAL CONTROL; AMENDING MARANA TOWN CODE TITLE 6
(ANIMAL CONTROL); ADDING NEW CHAPTER 6-10 “PET STORES” TO REGULATE
PET STORES BY ESTABLISHING REQUIREMENTS AND AUTHORIZING
ENFORCEMENT; AND DESIGNATING AN EFFECTIVE DATE.
WHEREAS local governments may regulate pet stores pursuant to Arizona
Revised Statutes (“A.R.S.”) § 44-1799 et seq.; and
WHEREAS the regulation of pet stores is necessary to ensure the health, safety,
and welfare of the Town’s residents and to protect the dogs and cats offered for sale; and
WHEREAS the Marana Town Council deems it necessary to adopt certain
regulations regarding pet stores to protect the health, safety, and welfare of the Town’s
residents and to protect the dogs and cats offered for sale.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF
THE TOWN OF MARANA, as follows:
Section 1. The amendments to Title 6 “Animal Control” of the Marana Town Code
adding new chapter 6-10 “Pet Stores”, one paper copy and one electronic copy of which
are on file in the office of the Town Clerk of the Town of Marana, Arizona, which were
made a public record by and attached as Exhibit A to Resolution No. 2023-104 of the
Town of Marana, Arizona, are hereby referred to, adopted and made a part of this
ordinance as if fully set out here.
Section 2. The following penalty clauses are included in Marana Town Code
chapter 6-10 “Pet Stores” as adopted pursuant to this ordinance:
6-10-6 Animal care requirements; violation; classification
A. A pet dealer shall do the following:
1. Maintain facilities in which cats or dogs are housed in a sanitary
condition.
2. Provide cats or dogs with potable water and adequate nutrition.
3. Provide adequate space that is appropriate to the age, size, weight,
species and breed of cat or dog. For the purposes of this paragraph,
“adequate space” means sufficient space for the cat or dog to
experience normal body movements without having to make contact
with the sides or top of the enclosure, including the ability to stand up,
sit down, turn about freely, and relax in a natural position.
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00092474.DOCX /5
Ordinance No. 2023.037 - 2 -
4. If cats or dogs are housed on wire flooring, provide a resting board, a
floormat or another similar device that is maintained in a sanitary
condition and that allows the cat or dog to rest off of the wire flooring.
5. If a cat or dog is afflicted with a contagious disease, handle the cat or
dog in a manner that is required by section 6-10-3.
6. Promptly provide appropriate veterinary care when it is necessary.
B. A pet dealer shall not offer for sale a cat or dog that is less than eight weeks
old.
C. A pet dealer who violates subsection A of this section is guilty of a class 1
misdemeanor.
6-10-8 Civil Penalties; enforcement actions
A. Except as provided in subsection B or C of this section, a pet dealer who
violates this chapter is subject to a civil penalty of not more than one thousand
dollars per violation.
B. Any violation of section 6-10-7 by a pet store or pet dealer or a violation of
section 6-10-7 by someone who should have known the dog or cat was obtained
for sale or resale shall have the following penalties:
1. For a first violation, a civil penalty of not more than one thousand
dollars per violation.
2. For a second violation within a five-year period, a civil penalty of not
more than two thousand five hundred dollars per violation.
3. For a third or subsequent violation within a five-year period:
a. A civil penalty of not more than five thousand dollars per
violation.
b. An order entered by the court enjoining the pet store or pet
dealer from selling or offering for sale, for up to three years, a dog
or cat obtained from any person other than a publicly operated
pound or a private, charitable nonprofit humane society or from
any animal adoption activity conducted by a pound or humane
society.
C. In an action brought to enforce section 6-10-7:
1. A violation is a subsequent violation if it occurs within a five-year
period after a final judgment or order that the pet store or pet dealer
knowingly violated section 6-10-7 or A.R.S. § 44-1799.10, subsection
A or B or should have known of the violation.
2. In addition to any other defense that may be raised, a pet store or pet
dealer is presumed to have acted in good faith and to have satisfied its
obligation to ascertain whether a person meets the criteria described in
section 6-10-7 if, when placing an order to obtain a dog or cat for sale or
resale, the pet store or pet dealer conducts a search for inspection reports
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00092474.DOCX /5
Ordinance No. 2023.037 - 3 -
of the breeder on the animal care information system search tool
maintained by the United States department of agriculture.
3. Each order placed by a pet store or pet dealer to obtain a dog or cat for
sale or resale shall be considered a single act, regardless of the number of
dogs or cats obtained in the order.
D. This section does not prohibit prosecution for criminal violations.
Section 3. The various town officers and employees are authorized and directed to
perform all acts necessary or desirable to give effect to this ordinance.
Section 4. 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 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, the decision shall not affect the validity of the remaining
portions of this ordinance.
Section 6. This ordinance shall become effective on the thirty-first day after its
adoption.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA,
ARIZONA, this 17th day of October, 2023.
Mayor Ed Honea
ATTEST:
David L. Udall, Town Clerk
APPROVED AS TO FORM:
Jane Fairall, Town Attorney
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October 17, 2023
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00092501.DOCX /2
Resolution No. 2023-104 - 1 -
MARANA RESOLUTION NO. 2023-104
RELATING TO ANIMAL CONTROL; DECLARING AS A PUBLIC RECORD FILED
WITH THE TOWN CLERK THE AMENDMENTS ADOPTED BY ORDINANCE NO.
2023.037 TO MARANA TOWN CODE TITLE 6 (ANIMAL CONTROL); ADDING NEW
CHAPTER 6-10 “PET STORES” TO REGULATE PET STORES BY ESTABLISHING
REQUIREMENTS AND AUTHORIZING ENFORCEMENT.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, that the amendments to Marana Town Code Title 6 (Animal Con-
trol) adopted by Ordinance No. 2023.037, a copy of which is attached to and incorporated
in this resolution as Exhibit A and one paper copy and one electronic copy of which are
on file in the office of the Town Clerk, are hereby declared to be a public record and
ordered to remain on file with the Town Clerk.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 17th day of October, 2023.
Mayor Ed Honea
ATTEST:
David L. Udall, Town Clerk
APPROVED AS TO FORM:
Jane Fairall, Town Attorney
Marana Regular Council Meeting Agenda Packet
October 17, 2023
Page 96 of 120
EXHIBIT A TO MARANA RESOLUTION NO. 2023-104
Amendments to Marana Town Code, Title 6 “Animal Control” pursuant to Marana
Ordinance No. 2023.037
00092498.DOCX /3
1
SECTION 1. Title 6 “Animal Control” of the Marana Town Code is hereby
revised by adding new chapter 6-10 “Pet Stores” as follows:
CHAPTER 6-10. PET STORES
6-10-1 Purpose
This chapter is intended to carry out the provisions of Arizona Revised Statutes,
Title 44, Chapter 11, Article 17 (A.R.S. § 44-1799 et seq.), which sets forth the
regulations for Pet Dealers.
6-10-2 Definitions
In this chapter, unless the context or definitions in A.R.S. §44-1799 indicate
otherwise, the following terms or phrases are defined as follows:
A. “Clinically ill” means an illness that is apparent to a veterinarian based on
the veterinarian's observation, examination, or testing of an animal or on a
review of the animal's medical records.
B. “Nonelective surgical procedure” means a surgical procedure that is
necessary according to commonly accepted standards of veterinary
medicine to preserve or restore the health of the cat or dog, to prevent the
animal from experiencing pain or discomfort, or to correct a condition that
would interfere with the cat's or dog's ability to walk, run or jump or to
otherwise function in a normal manner.
C. “Pet dealer” means a person who owns a pet store.
D. “Pet store” means a commercial establishment that engages in a for-profit
business of selling at retail cats, dogs or other animals, but does not include
commercial livestock operations and commercial livestock auction
markets. Pet store does not mean a publicly operated pound or a private,
charitable not-for-profit humane society or any animal adoption activity
that a pound or humane society conducts off site at any pet store or other
commercial enterprise.
E. “Purchaser” means a person who purchases any cat or dog without intent
to resell.
6-10-3 Initial veterinary inspection
A. A veterinarian, who is licensed pursuant to A.R.S. §32-2212, shall examine
all cats and dogs that are received by a pet dealer before the cat or dog is
placed for sale.
B. If the veterinarian determines that a cat or dog is afflicted with a contagious
disease, the cat or dog may be returned to the source or kept by the pet
dealer. If the pet dealer keeps the cat or dog, the pet dealer shall cage the
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October 17, 2023
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00092498.DOCX /3
2
cat or dog separately from healthy animals and shall house and handle the
cat or dog in a manner that will minimize the likelihood of contagion.
6-10-4 Information statement; purchaser rights; notice
A. At the time of sale, each pet dealer shall give the purchaser of a cat or
dog a written statement that contains the following information:
1. The date of the animal's birth, if known, the state in which the
animal was born, if known, and the date the pet dealer received
the animal.
2. The immunizations and deworming treatments that have been
administered to the animal as of the time of sale, if known,
including the dates of administration and the type and brand of
vaccine or deworming treatment.
3. The breed, sex, color, and other identifying marks apparent at
the time of sale. If the animal is from a source that is licensed by
the United States department of agriculture, the individual
identifying tag, tattoo, or color number for the animal shall be
included. If the breed is unknown or mixed, this fact shall be
stated.
4. Any veterinary treatment or medication that the animal
received while in the possession of the pet dealer and either of
the following:
a. A statement signed by the pet dealer and the purchaser at
the time of sale that contains all of the following:
i. A statement that a veterinarian examined the
animal and the animal has no apparent disease or
illness.
ii. A statement that a veterinarian examined the
animal and at the time of the examination the animal
had no apparent congenital or hereditary condition
that would adversely affect the health of the animal
at the time of sale or that is likely to adversely affect
the health of the animal in the future.
b. A record of any known disease or illness or any
hereditary or congenital condition that adversely affects the
health of the animal at the time of sale or that is likely to
adversely affect the health of the animal in the future. The
record shall include a statement that is signed by a
veterinarian who is licensed pursuant to A.R.S. §32-
2212, that recommends necessary treatment, if any, and that
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3
verifies that the disease, illness, or condition does not
require hospitalization or nonelective surgical procedures
and is not likely to require hospitalization or nonelective
surgical procedures in the future. A veterinarian's statement
is not required for intestinal or external parasites. The pet
dealer and the purchaser shall sign the statement required
by this subdivision.
B. The purchaser shall acknowledge in writing that the purchaser has
received the information required by subsection A.
C. In addition to information required to be given to a purchaser pursuant
to subsection A, at the time of sale and on request of the purchaser, a
pet dealer that sells a cat or dog shall provide the prospective purchaser
with written notice of the purchaser's rights. The notice shall be a
legible copy of A.R.S. § 44-1799 et seq.
D. A pet dealer shall post the following notice within close proximity of
the cages or enclosures in which cats or dogs are offered for sale:
Pursuant to title 44, chapter 11, article 17, Arizona Revised Statutes,
information on the source of the cat or dog and any veterinary
treatment received by the cat or dog is available for review. You are
entitled to a copy of the law describing your rights as a consumer.
6-10-5 Record keeping
A. A pet dealer shall maintain a written record on the health, status, and
disposition of each cat and dog at the time of sale for at least one year
after the cat or dog is sold or as otherwise provided by law.
B. The records shall contain all of the information that is required by
section 6-10-4 and shall be made available to town enforcement agents,
law enforcement officers, and representatives of the county health or
environmental services department for inspection during normal
business hours.
6-10-6 Animal care requirements; violation; classification
A. A pet dealer shall do the following:
1. Maintain facilities in which cats or dogs are housed in a sanitary
condition.
2. Provide cats or dogs with potable water and adequate nutrition.
3. Provide adequate space that is appropriate to the age, size,
weight, species and breed of cat or dog. For the purposes of this
paragraph, “adequate space” means sufficient space for the cat
or dog to experience normal body movements without having
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October 17, 2023
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EXHIBIT A TO MARANA RESOLUTION NO. 2023-104
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Marana Ordinance No. 2023.037
00092498.DOCX /3
4
to make contact with the sides or top of the enclosure, including
the ability to stand up, sit down, turn about freely, and relax in
a natural position.
4. If cats or dogs are housed on wire flooring, provide a resting
board, a floormat or another similar device that is maintained
in a sanitary condition and that allows the cat or dog to rest off
of the wire flooring.
5. If a cat or dog is afflicted with a contagious disease, handle the
cat or dog in a manner that is required by section 6-10-3.
6. Promptly provide appropriate veterinary care when it is
necessary.
B. A pet dealer shall not offer for sale a cat or dog that is less than eight
weeks old.
C. A pet dealer who violates subsection A of this section is guilty of a class
1 misdemeanor.
6-10-7 Pet stores; pet dealers; prohibitions on dog and cat purchases;
recordkeeping
A. A pet store or pet dealer may not obtain a dog or cat for resale or sell
or offer for sale any dog or cat obtained from a person who is required
to be licensed by the pet dealer regulations of the United States
department of agriculture under the animal welfare act (7 United States
Code §§ 2131 through 2159) if any of the following applies:
1. The person is not currently licensed by the United States
department of agriculture under the animal welfare act (7
United States Code §§ 2131 through 2159).
2. Within two years before obtaining the dog or cat the person
commits a direct violation of any of the pet dealer regulations
of the United States department of agriculture under the animal
welfare act (7 United States Code §§ 2131 through 2159).
3. The person receives an indirect no access violation on each of
the two most recent inspection reports issued by the United
States department of agriculture under the animal welfare act
(7 United States Code §§ 2131 through 2159).
4. The person commits three or more indirect violations of the pet
dealer regulations of the United States department of
agriculture during the two-year period before obtaining the dog
or cat for violations relating to the health or welfare of the
animal and the violations were not administrative in nature.
Marana Regular Council Meeting Agenda Packet
October 17, 2023
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EXHIBIT A TO MARANA RESOLUTION NO. 2023-104
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Marana Ordinance No. 2023.037
00092498.DOCX /3
5
The indirect violations described in this paragraph do not
include a violation described in paragraph 3 of this subsection.
B. A pet store or pet dealer may not obtain a dog or cat for resale or sell
or offer for sale any dog or cat obtained from a person who directly or
indirectly obtained a dog or cat from a person described in subsection
A of this section. A pet store or pet dealer is presumed to have acted in
good faith and to have satisfied its obligation to ascertain whether a
person meets the criteria described in subsection A of this section if,
when placing an order to obtain a dog or cat for sale or resale, the pet
store or pet dealer conducts a search for inspection reports of the
breeder on the animal care information system search tool maintained
by the United States department of agriculture.
C. Notwithstanding subsections A and B of this section, a pet store or pet
dealer may obtain a dog or cat for resale or sell or offer for sale any dog
or cat obtained from a publicly operated pound or a private, charitable
nonprofit humane society or from any animal adoption activity
conducted by a pound or humane society.
D. A pet dealer shall maintain records verifying its compliance with this
section for at least two years after obtaining the dog or cat to be sold or
offered for sale. Records maintained pursuant to this subsection shall
be open to inspection on request by a town enforcement agent.
E. A pet dealer shall display the source of any dog or cat offered for sale
by providing the name of the breeder of the animal, the United States
department of agriculture license number of the breeder if the animal
is from a breeder that is licensed by the United States department of
agriculture and the United States department of agriculture website
where information about the breeder may be obtained. The pet dealer
shall display the information described in this subsection on both of the
following:
1. The cage or enclosure for each animal.
2. All printed or electronic marketing materials about a specific
dog or cat that has been obtained by the pet dealer and that is
being offered for sale.
6-10-8 Civil Penalties; enforcement actions
A. Except as provided in subsection B or C of this section, a pet dealer who
violates this chapter is subject to a civil penalty of not more than one
thousand dollars per violation.
B. Any violation of section 6-10-7 by a pet store or pet dealer or a violation
of section 6-10-7 by someone who should have known the dog or cat
was obtained for sale or resale shall have the following penalties:
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October 17, 2023
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6
1. For a first violation, a civil penalty of not more than one
thousand dollars per violation.
2. For a second violation within a five-year period, a civil penalty
of not more than two thousand five hundred dollars per
violation.
3. For a third or subsequent violation within a five-year period:
a. A civil penalty of not more than five thousand dollars per
violation.
b. An order entered by the court enjoining the pet store or
pet dealer from selling or offering for sale, for up to three
years, a dog or cat obtained from any person other than a
publicly operated pound or a private, charitable nonprofit
humane society or from any animal adoption activity
conducted by a pound or humane society.
C. In an action brought to enforce section 6-10-7:
1. A violation is a subsequent violation if it occurs within a five-
year period after a final judgment or order that the pet store or
pet dealer knowingly violated section 6-10-7 or A.R.S. § 44-
1799.10, subsection A or B or should have known of the
violation.
2. In addition to any other defense that may be raised, a pet store
or pet dealer is presumed to have acted in good faith and to
have satisfied its obligation to ascertain whether a person meets
the criteria described in section 6-10-7 if, when placing an order
to obtain a dog or cat for sale or resale, the pet store or pet dealer
conducts a search for inspection reports of the breeder on the
animal care information system search tool maintained by the
United States department of agriculture.
3. Each order placed by a pet store or pet dealer to obtain a dog or
cat for sale or resale shall be considered a single act, regardless
of the number of dogs or cats obtained in the order.
D. This section does not prohibit prosecution for criminal violations.
Marana Regular Council Meeting Agenda Packet
October 17, 2023
Page 102 of 120
Council-Regular Meeting A2
Meeting Date:10/17/2023
To:Mayor and Council
From:Luke Fischer, Senior Assistant Town Attorney
Date:October 17, 2023
Strategic Plan Focus Area:
Not Applicable
Subject:Ordinance No. 2023.038: Relating to Animal Control; amending Marana Town
Code Title 6 (Animal Control); revising section 6-1-1 (Definitions) to add new
definition for dog park; revising section 6-4-1(C)(4) (Dogs at large prohibited;
exceptions; classification) to revise dog park exception; adding section 6-4-4
(Dog park regulations) to add dog park regulations; and revising section 6-7-2
(Evaluation of animals) to add exception to vicious, aggressive or destructive
animal evaluation or investigation in dog parks; and designating an effective
date
Resolution No. 2023-105: Relating to Animal Control; declaring as a public
record filed with the Town Clerk the amendments adopted by Ordinance No.
2023.038, revisions to Marana Town Code Title 6 (Animal Control); revising
section 6-1-1 (Definitions) to add new definition of dog park; revising section
6-4-1(C)(4) (Dogs at large prohibited; exceptions; classification) to revise dog
park exception; adding section 6-4-4 (Dog park regulations) to add dog park
regulations; and revising section 6-7-2 (Evaluation of animals) to add
exception to vicious, aggressive or destructive animal evaluation or
investigation in dog parks (Lisa Shafer)
Discussion:
As the Town continues to grow, there has been an increase in the enjoyment and use of
the Town's dog parks. The proposed ordinance revises Title 6 "Animal Control" by
defining "dog park," adding specific dog park regulations, clarifying the town's
response to biting incidents in dog parks, and other corresponding
changes. Specifically, the proposed ordinance:
Revises section 6-1-1 (Definitions) to add a definition of "dog park."
Marana Regular Council Meeting Agenda Packet
October 17, 2023
Page 103 of 120
Revises section 6-1-1 (Definitions) to add a definition of "dog park."
Revises section 6-4-1 (Dogs at large prohibited; exceptions; classification) to
incorporate the new dog park definition.
Adds section 6-4-4 (Dog park regulations) to create dog park regulations,
including requirements that dogs be accompanied by owners at all times, that
dogs be restrained when entering and exiting the dog park, that owners remove
dogs acting aggressively from dog parks, that town employees can require a dog
to leave a dog park, and that owners are responsible for the conduct of their dogs
and accept the risks associated with use of the dog park.
Revising 6-7-2 (Evaluation of animals) to limit aggressive, vicious, and destructive
animal investigations and/or evaluations to only biting incidents in dog parks
that involve serious physical injury to a person.
Staff Recommendation:
Town staff recommends adoption of the revisions to Town Code regarding dog parks
and additional revisions.
Suggested Motion:
I move to adopt Ordinance No. 2023.038, adopting revisions to Title 6 "Animal Control"
of the Marana Town Code, including adding section 6-4-4 (Dog park regulations),
creating an exception under section 6-7-2 (Evaluation of animals) and Resolution No.
2023-105, declaring as a public record filed with the Town Clerk the amendments
adopted by Ordinance No. 2023.038.
Attachments
Ordinance No. 2023.038
Resolution No. 2023-105
Exhibit A to Resolution No. 2023-105
Marana Regular Council Meeting Agenda Packet
October 17, 2023
Page 104 of 120
00092456.DOCX /5
Ordinance No. 2023.038 - 1 -
MARANA ORDINANCE NO. 2023.038
RELATING TO ANIMAL CONTROL; AMENDING MARANA TOWN CODE TITLE 6
(ANIMAL CONTROL); REVISING SECTION 6-1-1 (DEFINITIONS) TO ADD NEW
DEFINITION FOR DOG PARK; REVISING SECTION 6-4-1(C)(4) (DOGS AT LARGE
PROHIBITED; EXCEPTIONS; CLASSIFICATION) TO REVISE DOG PARK
EXCEPTION; ADDING SECTION 6-4-4 (DOG PARK REGULATIONS) TO ADD DOG
PARK REGULATIONS; REVISING SECTION 6-7-2 (EVALUATION OF ANIMALS) TO
ADD EXCEPTION TO VICIOUS, AGGRESSIVE OR DESTRUCTIVE ANIMAL
EVALUATION OR INVESTIGATION IN DOG PARKS; AND DESIGNATING AN
EFFECTIVE DATE.
WHEREAS the Town Council is authorized by A.R.S. §§ 9-240, 9-499.04, 9-500.32,
11-1018, 11-1029, 13-2910, and 13-4281 to adopt animal control regulations; and
WHEREAS the Town Council finds that the animal control regulations established
by this ordinance are necessary for the health, safety, and welfare of the town’s residents.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF
THE TOWN OF MARANA, as follows:
Section 1. The amendments to the Marana Town Code Title 6 (Animal Control),
one paper copy and one electronic copy of which are on file in the office of the Town
Clerk of the Town of Marana, Arizona, which were made a public record by and attached
as Exhibit A to Resolution No. 2023-105 of the Town of Marana, Arizona, are hereby
referred to, adopted and made a part of this ordinance as if fully set out here.
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 become effective on the thirty-first day after its
adoption.
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October 17, 2023
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00092456.DOCX /5
Ordinance No. 2023.038 - 2 -
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA,
ARIZONA, this 17th day of October, 2023.
Mayor Ed Honea
ATTEST:
David L. Udall, Town Clerk
APPROVED AS TO FORM:
Jane Fairall, Town Attorney
Marana Regular Council Meeting Agenda Packet
October 17, 2023
Page 106 of 120
00092457.DOCX /3
Resolution No. 2023-105 - 1 -
MARANA RESOLUTION NO. 2023-105
RELATING TO ANIMAL CONTROL; DECLARING AS A PUBLIC RECORD FILED
WITH THE TOWN CLERK THE AMENDMENTS ADOPTED BY ORDINANCE NO.
2023.038, REVISIONS TO MARANA TOWN CODE TITLE 6 (ANIMAL CONTROL);
REVISING SECTION 6-1-1 (DEFINITIONS) TO ADD NEW DEFINITION OF DOG
PARK; REVISING SECTION 6-4-1(C)(4) (DOGS AT LARGE PROHIBITED;
EXCEPTIONS; CLASSIFICATION) TO REVISE DOG PARK EXCEPTION; ADDING
SECTION 6-4-4 (DOG PARK REGULATIONS) TO ADD DOG PARK REGULATIONS;
AND REVISING SECTION 6-7-2 (EVALUATION OF ANIMALS) TO ADD EXCEPTION
TO VICIOUS, AGGRESSIVE OR DESTRUCTIVE ANIMAL EVALUATION OR
INVESTIGATION IN DOG PARKS
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, that the amendments to Marana Town Code Title 6 (Animal Con-
trol) adopted by Ordinance No. 2023.038, a copy of which is attached to and incorporated
in this resolution as Exhibit A and one paper copy and one electronic copy of which are
on file in the office of the Town Clerk, are hereby declared to be a public record and
ordered to remain on file with the Town Clerk.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 17th day of October, 2023.
Mayor Ed Honea
ATTEST:
David L. Udall, Town Clerk
APPROVED AS TO FORM:
Jane Fairall, Town Attorney
Marana Regular Council Meeting Agenda Packet
October 17, 2023
Page 107 of 120
EXHIBIT A TO MARANA RESOLUTION NO. 2023-105
Amendments to Marana Town Code, Title 6 “Animal Control” pursuant to Marana
Ordinance No. 2023.038
00092491.DOCX /3
1
SECTION 1. Title 6 “Animal Control”, Section 6-1-1 “Definitions” of the Marana
Town Code is hereby revised as follows (with additions shown with double-
underlining):
6-1-1 Definitions
The following definitions shall apply throughout this title unless the context
clearly indicates otherwise.
[No revisions to paragraphs A through K]
L. “Dog park” means any designated, fenced, off-leash dog area which allows
dogs to run freely and socialize with other dogs while being supervised by
their owners.
[No revisions to existing paragraphs L through CC which are hereby re-lettered
as paragraphs M through DD]
SECTION 2. Title 6 “Animal Control”, Section 6-4-1 “Dogs at large
prohibited; exceptions; classification” of the Marana Town Code is hereby
revised as follows (with deletions shown with strikeouts):
6-4-1 Dogs at large prohibited; exceptions; classification
[No revisions to paragraphs A and B]
C. Dogs may be at large as an exception to this section under the
following circumstances:
1. While participating in field trials, obedience classes or kennel
club events, or while engaging in races approved by the Arizona
Racing Commission, provided that the dog is accompanied by and
under the control of the dog’s owner or trainer.
2. While being used or trained for legal hunting or for control of
livestock.
3. While assisting a peace officer engaged in law enforcement
duties.
4. While within a county- or town-maintained temporary or
permanent dog park.
5. While acting as a service animal and assisting an individual with
a disability and only if the individual with a disability is unable
because of the disability to restrain the service animal by leash,
chain, rope, cord or similar device, or the use of a leash, chain, rope,
cord or similar device would interfere with the service animal’s
safe, effective performance of work or tasks, in which case the
service animal must be otherwise under the individual’s control, by
voice control, signals or other effective means.
Marana Regular Council Meeting Agenda Packet
October 17, 2023
Page 108 of 120
EXHIBIT A TO MARANA RESOLUTION NO. 2023-105
Amendments to Marana Town Code, Title 6 “Animal Control” pursuant to
Marana Ordinance No. 2023.038
00092491.DOCX /3
2
[No revisions to paragraphs D through F]
SECTION 3. Title 6 “Animal Control” of the Marana Town Code is
hereby revised by adding new Section 6-4-4 “Dog park regulations” as
follows:
6-4-4 Dog park regulations
A. Dogs must be accompanied by their owner at all times within the dog
park.
B. Dogs must be restrained upon entering and exiting the dog park.
C. Dogs are to be removed by the owner from the dog park immediately
following any indication of aggressive behavior.
1. A town employee can require a dog to leave a designated dog park.
D. Dog owners are solely responsible for the conduct of their dogs at all
times.
E. Dog owners and all visitors to the dog parks enter at their own risk and
assume all risks related to their visit and use of the areas, including, but
not limited to, all dog bites and damage to personal property.
SECTION 4. Title 6 “Animal Control”, Section 6-7-2 “Evaluation of
Animals” of the Marana Town Code is hereby revised as follows (with
additions shown with double-underlining):
6-7-2 Evaluation of animals
[No revisions to paragraphs A through D]
E. The town enforcement agent will not conduct an investigation
and/or evaluation for biting incidents that occur in a dog park, unless
it involves severe physical injury to a person.
Marana Regular Council Meeting Agenda Packet
October 17, 2023
Page 109 of 120
Council-Regular Meeting A3
Meeting Date:10/17/2023
To:Mayor and Council
From:Luke Fischer, Senior Assistant Town Attorney
Date:October 17, 2023
Strategic Plan Focus Area:
Not Applicable
Subject:Ordinance No. 2023.039: Relating to Parks and Recreation; revising Marana
Town Code Title 13 (Parks & Recreation), chapter 13-1 (Parks and recreation
regulations); section 13-1-1 (Domestic animals and pets) to refer to dog park
definition and regulation in Title 6 (Animal Control); and designating an
effective date (Lisa Shafer)
Discussion:
Marana Town Code section 13-1-1 regulates domestic animals and pets in town parks
and recreation areas. The proposed ordinance revises section 13-1-1 to correspond with
the proposed changes to Title 6 regarding dog parks.
Staff Recommendation:
Staff recommends approval of revisions to Title 13 (Parks and Recreation) of the
Marana Town Code referring to dog park definition and regulation in Title 6 (Animal
Control).
Suggested Motion:
I move to adopt Ordinance No. 2023.039, revising Marana Town Code Title 13 (Parks &
Recreation), chapter 13-1 (Parks and recreation regulations); section 13-1-1 (Domestic
animals and pets) to refer to dog park definition and regulation in Title 6 (Animal
Control); and designating an effective date.
Attachments
Marana Regular Council Meeting Agenda Packet
October 17, 2023
Page 110 of 120
Ordinance No. 2023.039
Marana Regular Council Meeting Agenda Packet
October 17, 2023
Page 111 of 120
00092523.DOCX /1
Ordinance No. 2023.039
1
MARANA ORDINANCE NO. 2023.039
RELATING TO PARKS AND RECREATION; REVISING MARANA TOWN CODE
TITLE 13 (PARKS & RECREATION), CHAPTER 13-1 (PARKS AND RECREATION
REGULATIONS); SECTION 13-1-1 (DOMESTIC ANIMALS AND PETS) TO REFER TO
DOG PARK DEFINITION AND REGULATION IN TITLE 6 (ANIMAL CONTROL);
AND DESIGNATING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, AS FOLLOWS:
SECTION 1. Marana Town Code Title 13 (Parks and Recreation), Chapter 13-1
(Parks and Recreation Regulations), Section 13-1-1 (Domestic animals and pets) is
hereby amended as follows (with additions shown with double-underlining):
13-1-1 Domestic animals and pets
[No revisions to paragraphs A through D]
E. Owners and dogs within a town-maintained dog park, as defined by chapter 6-1 of
this code, must comply with chapter 6-4 of this code.
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 the 31st day after its adoption.
Marana Regular Council Meeting Agenda Packet
October 17, 2023
Page 112 of 120
00092523.DOCX /1
Ordinance No. 2023.039 - 2 -
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA,
ARIZONA, this 17th day of October, 2023.
Mayor Ed Honea
ATTEST:
David L. Udall, Town Clerk
APPROVED AS TO FORM:
Jane Fairall, Town Attorney
Marana Regular Council Meeting Agenda Packet
October 17, 2023
Page 113 of 120
Council-Regular Meeting A4
Meeting Date:10/17/2023
To:Mayor and Council
Submitted For:Jim Conroy, Parks & Recreation Director
From:Wayne Barnett, Deputy Director Parks & Recreation
Date:October 17, 2023
Strategic Plan Focus Area:
Healthy Lifestyles
Subject:Resolution No. 2023-106: Relating to Development; amending the
infrastructure improvements plan supporting development impact fees
for parks and recreation facilities by shifting the anticipated
development impact fee funding among certain projects and by
reducing the cost provided for the Twin Peaks District Park Land
Acquisition and Phase 1 Development Project and for the New
Competition Swimming Pool (50 Meter) Project without changing the
amount of the parks impact fees or level of service; authorizing the
transfer of up to $693,302.00 in budgeted expense authority in the fiscal
year 2023-2024 budget to the Santa Cruz Shared Use Path at Cal
Portland Project line item within the impact fee fund from various line
items within the budget (Jim Conroy)
Discussion:
The Town's infrastructure improvements plan for parks and recreation facilities (the
"Parks IIP") identifies the projects and funding levels for parks and recreation facilities
that are proposed to be funded with the Town's Parks and Recreation Facilities
Development Impact Fee (the "P&R DIF"). The Town Council adopted the most recent
Parks IIP on September 20, 2022.
The Santa Cruz Shared Use Path at Cal Portland Project (PK023) which is part of the
Town’s capital improvement plan was inadvertently omitted from the P&R DIF. The
project involves the acquisition of easements and the design and construction of a 14’
wide asphalt path with above grade crossing north of Avra Valley Road along the
Marana Regular Council Meeting Agenda Packet
October 17, 2023
Page 114 of 120
Santa Cruz River bank. The project, which includes funding from Pima County, will
complete the Chuck Huckleberry loop in the Marana area.
Furthermore, the P&R DIF identifies proposed funding for the El Rio Disk Golf Course
Project (PK031) in the amount of 288,334 and the Honea Heights Park, East (PK039) in
the amount of $1,261,461; however, the most recent revised estimates for these projects
indicate that funding for the projects should likely be increased to $400,000 and
$1,461,461 respectively.
To make the additional P&R DIF funding availablefor the above-noted projects, Town
staff proposes to shift:
$1,611,666 in funding from the Twin Peaks Park District Park - Land Acquisition
and Phase 1 Development line item of the Parks IIP.
$2,300,000 in funding from the New Competition Swimming Pool line item of the
Parks IIP.
The proposed resolution for this item includes a finding that the shift of $3,911,666 in
funding will not change the amount of the fee or the level of service. The P&R DIF is
proposed to remain at $2,529.63 per single family residence. Town staff believes the
shift in funding to the above-noted projects will not change the level of service
anticipated by the Parks IIP.
The proposed resolution will also authorize staff to transfer up to $693,302.00 in
budgeted expense authority to the Santa Cruz Shared Use Path at Cal Portland Project
(PK023) line item within the impact fee fund from the following line items: $240,000.00
from the El Rio Disk Golf Project (PK031) where construction will not start until next
fiscal year, $253,302.00 from the Gladden Farms Baseball Fields Project (PK033) where
bids came in below the current budget amount for the project, and $200,000.00 from the
Twin Peaks Road Rattlesnake Pass Project (ST073) where utility work is causing a
delay in the project.
Financial Impact:
Fiscal Year:2023
Budgeted
Y/N:
No
Amount:$693,302.00
Additional budget authority of up to $693,302 will be transferred to Santa Cruz Shared
Use Path at Cal Portland Project (PK023) from the El Rio Disk Golf Project (PK031)
where construction will not start until next fiscal year, from the Gladden Farms
Baseball Fields Project (PK033) where bids came in below the current budget amount
for the project, and from the Twin Peaks Road Rattlesnake Pass Project (ST073) where
utility work is causing a delay in the project. The Town’s overall budget authority will
not be impacted and budget authorization for the above projects may be replenished in
future years as necessary.
Marana Regular Council Meeting Agenda Packet
October 17, 2023
Page 115 of 120
Staff Recommendation:
Staff recommends adoption of Resolution No. 2023-106, amending the infrastructure
improvements plan supporting development impact fees for parks and recreation
facilities by shifting the anticipated development impact fee funding among projects
without changing the amount of the fee or the level of service.
Suggested Motion:
I move to adopt Resolution No. 2023-106, amending the infrastructure improvements
plan supporting development impact fees for parks and recreation facilities without
changing the amount of the parks impact fees or level of service, and authorizing the
transfer of up to $693,302.00 in budgeted expense authority in the fiscal year
2023-2024 budget to the Santa Cruz Shared Use Path at Cal Portland Project line item
within the impact fee fund from various line items within the budget.
Attachments
Resolution No. 2023-106
Marana Regular Council Meeting Agenda Packet
October 17, 2023
Page 116 of 120
00091357.DOCX /1
Resolution No. 2023-106 - 1 -
MARANA RESOLUTION NO. 2023-106
RELATING TO DEVELOPMENT; AMENDING THE INFRASTRUCTURE
IMPROVEMENTS PLAN SUPPORTING DEVELOPMENT IMPACT FEES FOR PARKS
AND RECREATION FACILITIES BY SHIFTING THE ANTICIPATED DEVELOPMENT
IMPACT FEE FUNDING AMONG CERTAIN PROJECTS AND BY REDUCING THE
COST PROVIDED FOR THE TWIN PEAKS DISTRICT PARK LAND ACQUISITION
AND PHASE 1 DEVELOPMENT PROJECT AND FOR THE NEW COMPETITION
SWIMMING POOL (50 METER) PROJECT WITHOUT CHANGING THE AMOUNT OF
THE PARKS IMPACT FEES OR THE LEVEL OF SERVICE; AUTHORIZING THE
TRANSFER OF UP TO $693,302.00 IN BUDGETED EXPENSE AUTHORITY IN
THE FISCAL YEAR 2023-2024 BUDGET TO THE SANTA CRUZ SHARED USE PATH
AT CAL PORTLAND PROJECT LINE ITEM WITHIN THE IMPACT FEE FUND FROM
VARIOUS LINE ITEMS WITHIN THE BUDGET
WHEREAS the Town is authorized by the Arizona municipal development impact
fee enabling statute, A.R.S. § 9-463.05, to assess and collect development impact fees to
offset costs to the Town associated with providing necessary public services to a
development; and
WHEREAS the Town Council adopted Marana Ordinance No. 2022.029 at its
regularly scheduled Town Council meeting on December 20, 2022 to, among other things,
revise development impact fees for parks and recreation facilities to conform to A.R.S.
§ 9-463.05; and
WHEREAS the parks and recreation facilities development impact fee adopted
relied on the parks and recreation infrastructure improvement plan adopted by
paragraph 3 of Marana Resolution No. 2022-100 dated September 20, 2022 (the “2022
Parks IIP”); and
WHEREAS the 2022 Parks IIP used an incremental expansion methodology, which
allows the Town to adjust the projects on the capital plan to meet changing needs without
having to also go through the process of re -calculating the fees or a master plan update
(2022 Parks IIP, last bulleted paragraph on page 2-1); and
WHEREAS the Town Council adopted Marana Resolution No. 2022-125 at its
regularly scheduled Town Council meeting on December 6, 2022, amending the 2022
Parks IIP to adjust the funding for the projects on the capital plan; and
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October 17, 2023
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00091357.DOCX /1
Resolution No. 2023-106 - 2 -
WHEREAS citizen demand for Town parks and recreation facilities and cost
escalations make it prudent to further shift the anticipated development impact fee
funding among certain projects included in the 2022 Parks IIP; and
WHEREAS the revisions to the 2022 Parks IIP supporting development impact
fees for parks and recreation facilities will not result in any change in the amount of the
parks and recreation development impact fee or the level of service provided to payers
of the fee, and therefore fall within the authorization found at A.R.S. § 9-463.05(D)(10),
allowing the revisions to be adopted upon 30 days’ notice without a public hearing; and
WHEREAS notice of the proposed revisions to the 2022 Parks IIP was published
in The Daily Territorial on September 11, 12, 13, and 14, 2023; and
WHEREAS on June 20, 2023, the Town Council adopted the fiscal year 2023-2024
budgetary document and overall financial plan which set the legal level of budgetary
control at the department level for the General Fund and at the fund level for all other
funds; and
WHEREAS staff requests to transfer up to $693,302.00 in budgeted expense
authority to the Santa Cruz Shared Use Path at Cal Portland Project (PK023) line item
from the following line items: $240,000.00 from the El Rio Disk Golf Project (PK031),
$253,302.00 from the Gladden Farms Baseball Fields Project (PK033), and $200,000.00
from the Twin Peaks Road Rattlesnake Pass Project (ST073); and
WHEREAS reallocating amounts between line items within the fiscal year
2023-2024 budget will not significantly impact the budget; and
WHEREAS the Town Council finds this resolution to be in the best interests of the
Town and its citizens.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE TOWN OF MARANA, ARIZONA, AS FOLLOWS:
Marana Regular Council Meeting Agenda Packet
October 17, 2023
Page 118 of 120
00091357.DOCX /1
Resolution No. 2023-106 - 3 -
SECTION 1. Figure 19 (Parks Capital Improvement Plan – January 1, 2023 to
December 31, 2032) of the 2022 Parks IIP, as previously amended, is hereby amended as
follows (with the “Original Allocation” being those set forth in the 2022 Parks IIP, as
previously amended, and the “Amended Allocation” being those set forth pursuant to
this resolution):
Project Original Allocation Amended Allocation
El Rio Disc Golf Course $288,334.00 $400,000.00
El Rio Recreation Area - Loop Access Parking Lot $204,237.00 $204,237.00
Gladden Farms Baseball Field Improvements $1,200,000.00 $1,200,000.00
Gladden Farms Lighted Soccer Fields $286,636.00 $286,636.00
Tortolita Preserve Trailhead, Trails, and Fencing $156,181.00 $156,181.00
Honea Heights Park - Phase 2 Improvements $1,261,461.00 $1,461,461.00
Continental Ranch Park to Loop Extension $420,487.00 $420,487.00
New Competition Swimming Pool (50 Meter) $3,934,557.00 $1,634,557.00
Ora Mae Harn Park Facility Expansion $1,784,066.00 $1,784,066.00
Saguaro Bloom Park - Phase 1 $1,600,375.00 $1,600,375.00
Saguaro Bloom Park - Phase 2 $4,805,566.00 $4,805,566.00
Gladden Farms Bike Park $1,201,391.00 $1,201,391.00
Santa Cruz SUP, Avra Valley Rd. to North
Marana
$0.00 $3,600,000.00
Twin Peaks Park District Park - Land
Acquisition and Phase 1 Development
$16,695,888.00 $15,084,222.00
Mandarina Community Park $7,568,766.00 $7,568,766.00
Impact Fee Study $60,000.00 $60,000.00
Total $41,467,945.00 $41,467,945.00
Amount Funded by Parks Impact Fee $34,666,423.00 $34,666,423.00
Amount Funded by Construction Sales Tax
Credits
$6,801,522.00 $6,801,522.00
SECTION 2. The transfer of up to $693,302.00 in budgeted expense authority to the
Santa Cruz Shared Use Path at Cal Portland Project (PK023) line item within the impact
fee fund from the following line items: $240,000.00 from the El Rio Disk Golf Project
(PK031), $253,302.00 from the Gladden Farms Baseball Fields Project (PK033), and
$200,000.00 from the Twin Peaks Road Rattlesnake Pass Project (ST073) in the fiscal year
2023-2024 budget, is hereby approved.
SECTION 3. 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.
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October 17, 2023
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00091357.DOCX /1
Resolution No. 2023-106 - 4 -
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana,
Arizona, this 17th day of October, 2023.
Mayor Ed Honea
ATTEST:
David L. Udall, Town Clerk
APPROVED AS TO FORM:
Jane Fairall, Town Attorney
Marana Regular Council Meeting Agenda Packet
October 17, 2023
Page 120 of 120