* REVISED

MAYOR AND COUNCIL – REGULAR MEETING

 


LEGAL ACTION REPORT

 

Tuesday, March 21, 2017

MAYOR AND COUNCIL CHAMBERS

CITY HALL, 255 W. ALAMEDA, TUCSON, AZ

 

 

1.         ROLL CALL: 5:32 p.m.

 

            OFFICIAL MEMBERS PRESENT:  Mayor Jonathan Rothschild, Vice Mayor Regina Romero, Council Members Paul Cunningham, Karin Uhlich, Shirley C. Scott, Richard G. Fimbres, and Steve Kozachik.

 

            OFFICIAL MEMBERS ABSENT/EXCUSED:  None

 

STAFF MEMBERS:     Michael J. Ortega, City Manager; Michael Rankin, City Attorney, and Roger W. Randolph, City Clerk

 

2.                  INVOCATION AND PLEDGE OF ALLEGIANCE

 

The invocation was given by Rabbi Yehuda Ceitlin, Chabad of Tucson, after which the Pledge of Allegiance was presented by the entire assembly.

 

PRESENTATION

 

a.                   Students from JTED Project Search will give a presentation of the Gettysburg Address

 

 

AGENDA ITEM / MAYOR AND COUNCIL ACTION

 

STAFF ACTION

3.

 

MAYOR AND COUNCIL REPORT: SUMMARY OF CURRENT EVENTS (City Wide) MAR21-17-75

 

Current event reports were provided by Vice Mayor Romero and Council Members Cunningham, and Fimbres.

 

 

4.

 

CITY MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS (City Wide) MAR21-17-76

 

Current event report was provided by Michael J. Ortega, City Manager.

 

 

5.

 

LIQUOR LICENSE APPLICATIONS (City Wide)
MAR21-17-85

 

CITY CLERK

 

b.

Liquor License Application(s)

 

 

New License(s)

 

 

1.

Black Bear Diner, City 9-17

 

 

 

Location Transfer(s)

 

 

2.

The Blind Tiger Restaurant & Bar, City 7-17

 

This item was considered separately.

 

 

 

c.

Special Event(s)

 

 

1.

Tucson Celtic Festival Association, City T20-17

 

 

 

2.

St. Joseph Parish, City T22-17

 

 

 

3.

Tucson Botanical Gardens, City T26-17

 

 

 

4.

Tucson Botanical Gardens, City T27-17

 

 

 

5.

El Grupo Youth Cycling, City T28-17

 

 

 

6.

Living Streets Alliance, City T29-17

 

 

 

7.

Clean Energy Corporation, City T30-17

 

 

 

8.

St. Mark’s Presbyterian Church, City T32-17

 

 

 

9.

Cystic Fibrosis Foundation, City T33-17

 

 

 

d.

Agent Change/Acquisition of Control

 

 

1.

Lucky J Market, City AC1-17

 

 

 

2.

Louis Market, City AC2-17

 

 

 

It was moved by Council Member Cunningham, duly seconded and CARRIED by a voice vote of 7 to 0, to forward Items 5b1, c1-c9, and d1-2 to the State Liquor Board with a recommendation for APPROVAL.

 

 

5.

 

LIQUOR LICENSE APPLICATIONS (City Wide)
MAR21-17-85

 

CITY CLERK

 

b.

Liquor License Application(s)

 

 

Location Transfer(s)

 

 

2.

The Blind Tiger Restaurant & Bar, City 7-17

 

 

 

It was moved by Council Member Kozachik, duly seconded and CARRIED by a voice vote of 7 to 0, to forward Item 5b2 to the State Liquor Board with a recommendation for APPROVAL.

 

 

6.

 

CALL TO THE AUDIENCE

 

The following individuals spoke at the Call to the Audience:

 

Robert Reus, Dan Linhart, Mitzi Cowell, Mark Spear, Jim Parks, Clark Knobel, Susan Kinkade, Sheldon Gutman, Karen Wilson, Marelo Mottolo, and Jeff Seligman.  

 

Mayor Rothschild directed staff to have TDOT contact Mr. Robert Reus to evaluate the situation.

 

 

7.

 

CONSENT AGENDA

 

 

 

 

a.

 

APPROVAL OF MINUTES (City Wide) MAR21-17-77

 

CITY CLERK

 

b.

 

ELECTIONS: CALLING THE 2017 PRIMARY AND GENERAL ELECTIONS AS VOTE BY MAIL ELECTIONS (City Wide) MAR21-17-78

 

Ordinance No. 11433

 

City Clerk

 

 

c.

 

TUCSON CODE: AMENDING (CHAPTER 16) THE "NEIGHBORHOOD PRESERVATION ORDINANCE," RELATING TO UNRULY GATHERINGS (City Wide) MAR21-17-83

 

Ordinance No. 11445 

 

This item was considered separately at the request of Vice Mayor Romero.

 

cITY Attorney

 

 

d.

 

TUCSON CODE: AMENDING (CHAPTER 20) PROHIBITING THE USE OF HANDHELD MOBILE TELEPHONES OR PORTABLE ELECTRONIC DEVICES WHILE DRIVING (City Wide)
MAR21-17-79

 

Ordinance No. 11442 

 

This item was considered separately at the request of Council Member Cunningham.

 

cITY Attorney

 

 

e.

 

TUCSON CODE: AMENDING (CHAPTER 11) PROHIBITION OF HATE CRIMES AND INSTITUTIONAL VANDALISM (City Wide)
MAR21-17-80

 

Ordinance No. 11443

 

CITY Attorney

 

 

f.

 

INTERGOVERNMENTAL AGREEMENT: WITH PIMA COUNTY ONE STOP FOR THE WORKFORCE INNOVATIONS OPPORTUNITIES ACT PROGRAM (City Wide) MAR21-17-84

 

Resolution No. 22717

 

Housing and Community DevELOPMENT

 

 

g.

 

INDUSTRIAL DEVELOPMENT AUTHORITY: APPROVAL OF ISSUANCE OF MULTIFAMILY HOUSING REVENUE BONDS FOR CATALINA VILLAGE ASSISTED LIVING APARTMENTS
(Ward 6) MAR21-17-81

 

Resolution No. 22722

 

Economic Initiatives

 

 

h.

 

INTERGOVERNMENTAL AGREEMENT AMENDMENT: WITH PIMA COUNTY FOR FURNISHING OF TALL POTS (City Wide)
MAR21-17-86

 

Resolution No. 22720

 

Transportation

 

 

i.

 

TRANSPORTATION: APPROVING THE TITLE VI FARE EQUITY ANALYSIS FOR PROMOTIONAL FARES (City Wide AND Outside City)
MAR21-17-87

 

Resolution No. 22718

 

Transportation

 

 

j.

 

TRANSPORTATION: AUTHORITY TO ACQUIRE RIGHT OF WAY FOR THE EL PASO AND SOUTHWESTERN GREENWAY PROJECT (Ward 1) MAR21-17-88

 

Resolution No. 22719

 

Transportation

 

 

k.

 

INTERGOVERNMENTAL AGREEMENT: WITH THE TOWN OF ORO VALLEY RELATING TO DELIVERY OF  CENTRAL ARIZONA PROJECT WATER (Outside City) MAR21-17-89

 

Resolution No. 22721

 

Water DEPARTMENT

 

 

l.

 

EXECUTIVE DEFERRED COMPENSATION PLAN AND TRUST: AMENDING EMPLOYMENT AGREEMENTS OF THE CITY'S EXECUTIVE OFFICIALS (CONTINUED FROM THE MEETING OF MARCH 7, 2017) (City Wide) MAR21-17-90

 

*Ordinance No. 11440

 

Ordinance No. 11441

 

CITY Attorney

 

 

m.

 

PARKS AND RECREATION: AUTHORIZING AND APPROVING A FACILITY DEVELOPMENT AND USE AGREEMENT WITH RINCON LITTLE LEAGUE FOR THE DESIGN AND CONSTRUCTION OF A TWO-CELL BATTING CAGE AT PURPLE HEART PARK (Ward 4) MAR21-17-93

 

Resolution No. 22724

 

Parks and Recreation

 

 

n.

 

MAYOR AND COUNCIL: AMENDING THE 2017 MAYOR AND COUNCIL MEETING SCHEDULE
(City Wide) MAR21-17-94

 

Ordinance No. 11444

 

City Clerk

 

 

o.

 

PARKS AND RECREATION: AMENDED AND RESTATED LEASE AGREEMENT BETWEEN THE CITY OF TUCSON AND THE ARIZONA BOARD OF REGENTS FOR USE OF HI CORBETT FIELD FOR UNIVERSITY OF ARIZONA BASEBALL
(Ward 6 and City Wide) MAR21-17-95

 

Resolution No. 22725

 

The City Attorney read a correction into the record; the lease agreement will state the City of Tucson Waste and Recycling Services will be used as opposed to other vendor services.

 

This item was considered separately.

 

(Note: Council Member Kozachik recused himself due to conflict of interest.)

 

Parks and Recreation

 

 

It was moved by Council Member Uhlich, duly seconded and PASSED by a roll call vote of 7 to 0, that Consent Agenda Items a-o (except c, d, and o) be approved and/or adopted and proper action taken.

 

 

7.

 

CONSENT AGENDA

 

 

 

 

o.

 

PARKS AND RECREATION: AMENDED AND RESTATED LEASE AGREEMENT BETWEEN THE CITY OF TUCSON AND THE ARIZONA BOARD OF REGENTS FOR USE OF HI CORBETT FIELD FOR UNIVERSITY OF ARIZONA BASEBALL
(Ward 6 and City Wide) MAR21-17-95

 

Resolution No. 22725

 

It was moved by Council Member Scott, duly seconded and PASSED by a roll call vote of 6 to 0 (Council Member Kozachik recused due to conflict of interest), that Consent Agenda Item o be approved and/or adopted and proper action taken.

 

Parks and Recreation

 

 

c.

 

TUCSON CODE: AMENDING (CHAPTER 16) THE "NEIGHBORHOOD PRESERVATION ORDINANCE," RELATING TO UNRULY GATHERINGS (City Wide) MAR21-17-83

 

Ordinance No. 11445 

 

Discussion ensued on the process taken with the public and the changes made to the ordinance.

 

It was moved by Council Member Kozachik, duly seconded and PASSED by a roll call vote of 7 to 0, that Consent Agenda Item c be approved and/or adopted and proper action taken.

 

cITY Attorney

 

 

d.

 

TUCSON CODE: AMENDING (CHAPTER 20) PROHIBITING THE USE OF HANDHELD MOBILE TELEPHONES OR PORTABLE ELECTRONIC DEVICES WHILE DRIVING (City Wide)
MAR21-17-79

 

Ordinance No. 11442 

 

I was moved by Council Member Cunnigham, duly seconded, to pass and adopt Ordinance No. 11442 with the AMENDMENT to make this a primary offense.

 

Vice Mayor Romero stated there had been evidence and research from the State of California and how it affects minorities by making it a primary offense. She suggested moving forward as discussed during the Study Session and keep it a secondary offense with known facts.

 

Council Member Uhlich asked what the maximum fines were for a misdemeanor because she believed the civil penalties have been very low.

 

Dave Deibel, City Attorney, responded the maximum fine was $2,500. The fine added to the ordinance is $250 if the citation involves an accident and $50 non-accident.

 

A SUBSTITUTE motion was made by Council Member Uhlich, duly seconded, to increase the penalty involving an accident to $2,500 and the non-accident to $500. Keeping it as a secondary offense and reviewing with the community in six months.

 

Council Member Cunnigham stated the penalty fines should be changed whether they are primary or secondary offenses.

 

Council Member Fimbres stated he believed the suggested fines are too high.

 

Mayor Rothschild supported the motion as a secondary offense with a review in six months.

 

Dave Deibel, City Attorney, clarified the maximum fines for the civil traffic violations are $500.

 

Council Member Scott asked for clarification of what the fines would be after the clarification of maximum civil traffic penalty.

 

Mayor Rothschild stated a zero will be added at the end of each fine stated on the ordinance and it would be reviewed to see if needs be a civil or criminal offense.  

 

Mr. Ortega, City Manager suggested to leave it in the civil traffic area and in the six month review it can be discussed and changed if necessary.

 

Council Member Uhlich clarified the SUBSTITUTE motion to keep as a secondary offense, return in six months for review and to increase the penalty fines to the following;

 

  • First offense with no accident, fine $250.
  • Second offense and thereafter with no accident, fine $500.
  • All offenses with accident involved, fine $500.

 

*Council Member Kozachik stated he would not support the motion as the ordinance should be a primary offense.

 

The SUBSTITUE motion PASSED by a roll call vote of 5 to 2 (Council Members Fimbres and Kozachik dissenting).

 

cITY Attorney

 

8.

 

PUBLIC HEARING:  AMENDING AND RESTATING THE INTERGOVERNMENTAL AGREEMENT WITH PIMA COUNTY FOR FUNDING OF ROADWAY IMPROVEMENTS; REQUESTING PIMA COUNTY BOARD OF SUPERVISORS AMEND ITS BOND ORDINANCE TO ADJUST THE IMPLEMENTATION AND SCOPE FOR FUNDING OF ROADWAY IMPROVEMENTS – BROADWAY BOULEVARD: EUCLID AVENUE TO COUNTRY CLUB ROAD (WardS 5 AND 6) MAR21-17-91

 

The following individuals spoke at the Public Hearing:

 

Bob Cook, Jose D. Garcia, Greg Clark, Camille Kershner, Les Pierce, Margot Garcia, and Mary Terry Schiltz,

 

It was moved by Vice Mayor Romero, duly seconded, and CARRIED by a voice vote of 7 to 0, to CLOSE the public hearing.

 

Resolution No. 22723

 

It was moved by Council Member Scott, duly seconded, to PASS and ADOPT Resolution No. 22723.

 

 

Council Member Cunnigham offered an AMENDMENT to the motion, to finish the project on East Broadway first. The AMENDMENT was NOT ACCEPTED by the motion maker. The motion PASSED by a roll call vote of 5 to 2 (Council Members Cunningham and Kozachik dissenting).

 

Discussion ensued on clarification of improvements.

 

(Note: Council Member Kozachik departed at 7:18 p.m. and returned at 7:20 p.m.)

 

Transportation

 

9.

 

ZONING: (C9-16-08)  VCA VALLEY ANIMAL HOSPITAL,

R-2 TO P, CITY MANAGER'S REPORT (Ward 4)
MAR21-17-82

 

It was moved by Council Member Scott, duly seconded and PASSED by a roll call vote of 7 to 0, to AUTHORIZE the request for rezoning as recommended by the Zoning Examiner.

 

Planning and Development SERVICES

 

10.

 

APPOINTMENTS TO BOARDS, COMMITTEES AND COMMISSIONS (City Wide) MAR21-17-92

 

It was moved by Council Member Scott, duly seconded and CARRIED by a voice vote of 7 to 0, to approve the appointments in the report.

 

Vice Mayor Romero had two candidates (Debby Chesmaybe and Suzette Jimenez) for the Civil Service Commission to submit for consideration on the next Mayor and Council meeting.

 

 

 

11.

 

ADJOURNMENT 7:57 p.m.

 

 

 

 

a.

The next regularly scheduled meeting of the Mayor and Council will be held on Wednesday, April 5, 2017, at 5:30 p.m. in the Mayor and Council Chambers, City Hall, 255 West Alameda, Tucson, Arizona.