For special needs and accommodations, please contact Jenifer Thornton, Management Analyst, Department of Community Development, 72 hours prior to the meeting or activity. Ms. Thornton can be reached at (520) 458-3315 or through the Arizona Relay Service at 1-800-367-8939, or by simply dialing 7-1-1.

Sierra Vista City Council Meeting Agenda

September 8, 2016

Call to Order 5:00 p.m., City Hall Council Chambers, 1011 N. Coronado Drive, Sierra Vista, Arizona Roll Call Invocation Pledge of Allegiance Item 1 Acceptance of the Agenda City Manager’s Report: Upcoming Meetings, Bid Openings and Bid Awards Item 2 Consent Agenda Item 2.1 Approval of the City Council Meeting Minutes of August 11, 2016 Item 2.2 Resolution 2016-064, Special Event Liquor License for Derek McKinley on behalf of the Directorate of Family, Moral, Welfare and Recreation (DFMWR) for the Fun Festival, September 23 and 24, 2016 at Veterans’ Memorial Park, 3105 E. Fry Blvd, Sierra Vista, Arizona Item 2.3 Resolution 2016–065, Fair/Festival License Application for Rhona MacMillan on behalf of Zarpara Vineyard to sell wine at the Farmers’ Market on October 20, November 17 and December 15, 2016 Item 2.4 Resolution 2016-074, Special Event Liquor License for Eric J. Potvin on behalf of the Sierra Vista Firefighters Charities for October 1 and 2, 2016 at Veterans’ Memorial Park, 3105 E. Fry Blvd, Sierra Vista, Arizona New Business Item 3 Resolution 2016-066, approval of the Arizona Child Abduction Response Team Intergovernmental Agreement Item 4 Resolution 2016-067, Tasking the Citizens Advisory Commission with Reviewing Boards and Commissions Not Protected by State Statute and making recommendations to the City Council on Structure, Operations, Mission or Appointment Changes Item 5 Resolution 2016-068, Appointment of Savannah Carter to the Sierra Vista Youth Commission, said term to expire July 9, 2018 Item 6 Resolution 2016-069, Reappointment of Darnell Rambert, James Short, and John Voishan and Appointment of Jake Pacheco to the Airport Commission, said terms to expire October 12, 2018

For special needs and accommodations, please contact Jenifer Thornton, Management Analyst, Department of Community Development, 72 hours prior to the meeting or activity. Ms. Thornton can be reached at (520) 458-3315 or through the Arizona Relay Service at 1-800-367-8939, or by simply dialing 7-1-1.

Item 7 Resolution 2016-070, West End Commission appointments, said terms to expire October 9, 2018 Item 8 Resolution 2016-071, Accepting with regret the resignation of Ken Cecil and appointing Bernie Stalmann to the Citizens’ Advisory Commission Item 9 Resolution 2016-072, Reappointment of Dennis Dezelan to the Municipal Property Corporation Board of Directors, said term to expire September 11, 2019 Item 10 Resolution 2016-073, Reappointing to the Parks and Recreation Commission Wesley Hewitt and Joy Mims, said terms to expire November 20, 2018 and Scott Weiss, said term to expire November 20, 2017 Call to the Public Comments and Requests of the Council Adjournment

Sierra Vista City Council Meeting Minutes August 11, 2016

Mayor Mueller called the August 11, 2016 City Council Meeting to order at 5:00 p.m., City Hall Council Chambers, 1011 N. Coronado Drive, Sierra Vista, AZ Roll Call: Mayor Rick Mueller – present Mayor Pro Tem Bob Blanchard – absent Council Member Alesia Ash – present Council Member Gwen Calhoun – present Council Member Rachel Gray – present Council Member Hank Huisking – present Council Member Craig Mount – present Others Present: Chuck Potucek, City Manager Mary Jacobs, Assistant City Manager Adam Thrasher, Police Chief Ron York, Fire Chief Sharon Flissar, Public Works Director Matt McLachlan, Community Development Director Victoria Yarbrough, Leisure and Library Services Director David Felix, Finance Manager Linda Jones, Management Analyst Marcus Johnson, Management Analyst Judy Hector, PIO Nathan Williams, City Attorney Tina Moore, Planner Jill Adams, City Clerk Mayor Mueller reported that Mayor Pro Tem Blanchard is still in Oro Valley going through rehabilitation/recovery and is making progress. Invocation – Council Member Mount conducted the invocation. Pledge of Allegiance – Council Member Huisking led the Pledge. Item 1 Acceptance of the Agenda Council Member Calhoun moved that the agenda for the Regular City Council Meeting of July 28, 2016, be approved. Council Member Gray seconded the motion. The motion was approved by a unanimous vote, 6/0.

Awards and Presentations: Mayor Mueller announced that the Bread Basket is the City Council’s Business of the Month of August, which is truly a mom and pop business that has been in town for a number of years. It is known for its pastries, soups, particularly the Goulash Soup and all of the fine German food that they do on a regular basis. They have participated in a number of charity events supporting the local community over the years and recently there were a number of articles in the newspaper on baking skills and promotion of the new City’s logo and was regionally acknowledged through Sunset Magazine.

Mr. Harry Bowen was presented with a proclamation declaring August 21 through 27, 2016 as National Employer Support of the Guard and Reserve Week. Mr. Bowen stated that the National Employer Support of the Guard and Reserve has been around since 1972 that was formed by the Department of Defense and they have more than 4,700 volunteers. Their job is three fold, to educate, recognize and acknowledge the services that service members provide; but also to educate and ensure that they work with the employers to make sure that their rights and benefits are acknowledged. Ms. Hector and her team were acknowledged for the 2016 Governor’s Tourism Award for Print Content and Collateral of the City's new Adventure Guide. Ms. Hector introduced Mr. Midgorden, graphic designer, and Nate Weisensel who also helps out with graphic design and works in the Visitor’s Center. These two great team members helped out in getting the award. City Manager’s Report: Mr. Potucek made the following announcements:

- Regular City Council Meeting on August 25, 2016 has been cancelled due to Council Members attending the League of Arizona Cities and Towns Conference in Scottsdale, Arizona;

- City Council Work Session on September 6, 2016 at 3:00 p.m., City Hall Council Chambers regarding normal update, Economic Development and Tourism Update and a presentation of options for West Sierra Vista Partnership Program (money that was budgeted for business assistance);

- City Council Meeting on September 8, 2016 at 5:00 p.m., City Hall Council Chambers; - The bids for the Campus Drive and Colombo Signal Project, development impact funded

project, were opened on Tuesday, August 9th and there were two respondents and the firm of AJP Electric is the apparent low bidder at $164,000.00 (below the budgeted amount); and

- Thanked Dominic Luna, graduate intern, for his assistance with all of the various departments and wished him well in school.

Item 2 Consent Agenda Item 2.1 Approval of the City Council Meeting Minutes of July 28, 2016 Item 2.2 Resolution 2016-055, Special Event Liquor License for James Scott on behalf of the Knights of Columbus Council No. 4584 for the Annual Oktoberfest on September 9 and 10, 2016 at Veterans’ Memorial Park Item 2.3 Resolution 2016-056, Special Event Liquor License for Calvert T. Singer on behalf of the Elks Lodge No. 2065 for the Annual Oktoberfest, October 7 and 8, 2016 at 1 Elks Lane, Sierra Vista, AZ Item 2.4 Resolution 2016-057, Special Event Liquor License for Calvert T. Singer on behalf of the Elks Lodge No. 2065 for the HOG Rally on October 13, 14 and 15, 2016 at Veterans’ Memorial Park Council Member Ash moved that the Consent Agenda consisting of the City Council Meeting Minutes of July 28, 2016; Resolution 2016-055, a Special Event Liquor License for James Scott on behalf of the Knights of Columbus Council No. 4584 for the Annual Oktoberfest on September 9 and 10, 2016 at Veterans’ Memorial Park; Resolution 2016-056, a Special Event Liquor License for Calvert T. Singer on behalf of the Elks Lodge No. 2065 for the Annual Oktoberfest, October 7 and 8, 2016 at 1 Elks Lane, Sierra Vista, AZ; and Resolution 2016-057, a Special Event Liquor License for Calvert T. Singer on behalf of the Elks Lodge No. 2065 for the HOG Rally on October 13, 14 and 15, 2016 at Veterans’ Memorial Park, be approved. Council Member Gray seconded the motion. The motion was approved by a unanimous vote, 6/0. Public Hearing – There was no response.

Item 3 Ordinance 2016-004, Amending Title 6, Chapter 118, Taxicabs Council Member Gray moved that Ordinance 2016-004, amending Chapter §118, Sections 118.01, 118.02, 118.03, 118.04, 118.05, 118.06, 118.07, 118.08, 118.09, 118.10, 118.11, 118.12 of the City Code of Ordinance, be approved. Council Member Huisking seconded the motion. Ms. Adams stated that Chapter 118 of the City Code of Ordinances relates to the licensing of taxicabs in the City. The ordinance before Council is a housekeeping item as the State Legislature passed law that went into effect June 30th that requires all vehicles for hire, livery and taxi companies to register and be certified by ADOT in order to do their business in Arizona. It was found that City requirements were repetitious of what it was requiring the companies to provide as proof of insurance, vehicle maintenance, driver certifications and etc. Due to the fact that the State has much better control for oversight of these businesses, it was determined that it was best that the City eliminate its regulations and request that the companies provide proof that they are meeting the State regulations, which is the law. Ms. Adams added that she met with the City Attorney and rather than taking any actions for any companies that are currently licensed in the City, staff will wait until 2017. If they have failed to register with ADOT they will not be allowed to renew until they do; but for 2016, the City will take no action towards the companies. Council Member Huisking asked about providing a grace period and noted that this is a good solution. Ms. Adams stated that essentially, if they are not currently registered with ADOT, they are in violation of State Law; but she has not heard that they are aggressively pursuing these companies. There are probably a lot of companies in the State that are working on the process because it is somewhat involved. They do have to provide a lot of documentation; but this gives them time to get caught up with ADOT through the end of the year. Council Member Mount stated that he appreciates the City stepping out of the way for this to be taken care of and asked if their business license itself that shows how the TPT will be collected still hangs with the City so that if they are operating in the City, it’s the City’s revenue and not the State’s. Ms. Adams stated that a taxicab is a service and they do not require transaction privilege taxes for service businesses. They would have a business license that is a City business license; but they also will have identification that identifies that their vehicles have been approved by ADOT. They will be listed on ADOT’s website as having met the criteria and that they are in good standing so that customers/consumers can actually check to see if the cab company that they are using is registered. Council Member Calhoun asked if taxi and cab include all other types of vehicles that are transporting people from one place to another. Ms. Adams stated that the way the Statute was read is that this is for any vehicle for hire so it will extend to Uber when it comes down, limousines, shuttles, taxicabs and anything that is a vehicle for hire. Council Member Calhoun asked if the State is more restrictive than the City licensing or vice versa. Ms. Adams stated that essentially no, they are a little more comprehensive in the documentation. State Statute requirements relate to insurance and vehicle maintenance and they have more authority to actually collect what they need so that the customer is safe and the vehicles are properly set up. Council Member Calhoun asked who checks to see that they are meeting all of the requirements. Ms. Adams stated that they have to submit documentation to ADOT every three years or when they get new vehicles. The City will require that when they renew every year that they provide proof that they are in good standing with ADOT.

Mayor Mueller added that should a taxi company or livery be involved in an accident, the police officer would check and if found to be in violation, they would cite them under the State Statute rather than City Code and this is the difference. The motion was approved by a unanimous vote, 6/0. New Business Item 4 Ordinance 2016-005, Fiscal Year 2016/2017 Property Tax Levy Council Member Mount moved that Ordinance 2016-005, Fiscal Year 2016/2017 Property Tax Levy, be approved. Council Member Gray seconded the motion. Mr. Felix stated that this is officially the last step in the fiscal year 2017 budget process. All required disclosures have been published in the paper for the fiscal year. The Tentative and Final Budgets have been approved. This will set the property tax at .1136 per $100 of assessed valuation, which is the same amount since fiscal year 2013. The actual dollar amount collected will be slightly less than it was last fiscal year and that is due to declining valuations. Of the property tax bill that the property owner receives for a $100,000 home, $11.36 will go towards the City and the remainder will go to the State, County, School District and etc. The motion was approved by a unanimous vote, 6/0. Item 5 Resolution 2016-058, Agreement with the Arizona Power Authority for an allocation of Hoover Dam power Council Member Huisking moved that Resolution 2016-058, approving the form and authorizing the execution of a power sales contract between the Arizona Power Authority and the City, be approved. Council Member Gray seconded the motion. Ms. Jacobs stated that several years ago Congress directed that when current allocations of Hoover power were redistributed that a certain percentage needed to be made available to entities that previously never had Hoover power. The City is an eligible entity and along with several other local governments in the State of Arizona. The City was successful in receiving an allocation for 204 kilowatts of electric usage. The benefit of the particular agreement is that it is a 50-year term and it is a fraction of the cost of the power that the City will typically get from Sulphur Springs Valley Electric Company (SSVEC), which is also a new recipient of Hoover power this year. Per the direction of the Arizona Power Authority, the City has negotiated a bill credit agreement for the power. The City pays four and a half cents and SSVEC will provide a bill credit for any difference. For the first few years of the 50-year term the maximum that the City could lose is about $3,200. The Arizona Power Authority is currently working with communities that have less advantageous bill credit agreements to allow other entities to take it for the City. The City would not be responsible; but it is anticipated that in the future the City would net about $8,000 to $10,000 per year. Over the life of the agreement a lot of things could change and it could be a very valuable commodity to the City. The approval by Council is of the actual agreement and it is required because the Arizona Power Authority is another governmental agency. This will be the final step in the process and the documentation would be submitted by the September 14th deadline with the power agreement going into effect on October 1, 2017.

The motion was approved by a unanimous vote, 6/0. Item 6 Ordinance 2016-006, Annexing Fry at N. 5th Street Council Member Calhoun moved that Ordinance 2016-006, annexing to the City certain real property situated in the Southeast Quarter of Section 34, Township 21 South, Range 20 East, of the Gila and Salt River Base and Meridian, Cochise County, Arizona, described in Exhibit A, be approved. Council Member Huisking seconded the motion. Ms. Moore stated that this is the final step to complete the annexation of eight properties in the Fry Town site area. Three of the properties are off of Fry Boulevard and five properties are off North 5th Street. A majority of the property are zoned General Business by the County and will come over to the City as General Commercial. There is one property that is residential and it will come over to the City as Manufactured Home Residential. Per State law for an annexation to be successful, 51 percent of the consent of the owners has to be collected. The City has done that and if the Ordinance is approved by Council, there will be a 30-day waiting period before the annexation goes into effect. A welcome packet will be sent to the property owners to let them know what services are now available to them from the City. Council Member Mount asked for the number of total property owners in the area and how many of them own the 51 percent. Ms. Moore stated that there are five property owners and three have more than the 51 percent. Council Member Mount once again asked as he did during the work session, because it tends to get asked or brought up as a comment, if staff made promises that the City would go in and specifically do something to help them out in exchange for all of this. Ms. Moore stated that no, there are no agreements. The motion was approved by a unanimous vote, 6/0. Item 7 Resolution 2016-059, Accepting a Grant from the Federal Aviation Administration for the Reconstruction of Taxiways G and J Council Member Ash moved that Resolution 2016-059, authorizing the City to accept the grant offer from the Federal Aviation Administration for the reconstruction of Taxiways G and J, be approved. Council Member Huisking seconded the motion. Ms. Flissar stated that the item is to accept a grant from the Federal Aviation Administration for the reconstruction of Taxiways G and J at the Sierra Vista Municipal Airport. The work is necessary in order to accommodate large and heavy aircraft on the City’s side of the airfield. The strength of Taxiways G and J is currently deficient as heavy aircrafts must taxi across the main runway and use Taxiway P on the Fort’s side creating a safety issue. The types of aircraft that are currently not able to taxi on the City’s side include large fire fighting aircraft that are housed at the Sierra Vista Municipal Airport during fire season as well as other large delivery aircraft. Over 90 percent of the $2 Million cost for this project will be funded through the FAA’s Airport Improvement Program. It will also contribute less than five percent of the project cost leaving the City’s share at less than five percent for about $87,000. A portion of the City’s share is expected to be recouped through in-kind contributions. Upon Council Member Calhoun’s request, Ms. Flissar stated that the primary benefit to the community is the safety benefit of not having the aircrafts taxi across the main runway. There is also the additional benefit of being able to accommodate larger aircraft on the City’s side of the airfield and the implications of that moving forward.

Council Member Mount asked if this helps to clean up some of the concerns that were mentioned at the Airport Commission Meeting, i.e., lose asphalt and etc. Ms. Flissar stated that Taxiway G and J is in worse shape than some of the other areas at the airport and certainly this does help clean up, Foreign Object Debris (FOD) to some extent. The primary concern mentioned at the Airport Commission Meeting is in between the hangars and this won’t touch that. This issue will have to be addressed in another way. Council Member Calhoun noted that this was part of the plan. Mayor Mueller stated that there is a Five Year Plan that has been approved by FAA. There are a number of projects that are prioritized in that Plan and these are two of the higher priority projects. The motion was approved by a unanimous vote, 6/0. Item 8 Resolution 2016-060, Official Intent to be reimbursed for Certain Capital expenditures Council Member Gray moved that Resolution 2016-060, Official Intent to be reimbursed for Certain Capital expenditures, be approved. Council Member Calhoun seconded the motion. Mr. Felix stated that this is the City’s annual equipment financing that indicates the City’s reasonable intent to be reimbursed for expenditures made during the fiscal year. In order to save money, the Department waits until items come in to get an exact price. At the end of the fiscal year they are bundled up and put out to bid for financing. The advantage is that the City finances the exact cost of merchandise and does not pay any interest on the note proceeds sitting in a trust account before actually getting the merchandise. The IRS requires the City to pass this resolution showing the City’s intent to reimburse it if it is more than 30 days after the City purchases the equipment. The motion was approved by a unanimous vote, 6/0. Item 9 Resolution 2016-061, Intergovernmental Agreement with Cochise County to Share Costs of Legal Representation for Gila River Water Adjudication Council Member Mount moved that Resolution 2016-061, authorizing the City to enter into an intergovernmental agreement with Cochise County for the purpose of funding the attorney for the Gila Water Adjudication, be approved. Council Member Calhoun seconded the motion. Mr. Williams stated that the City has retained an attorney for a number of years, Williams Sullivan out of Phoenix, to represent the City’s interest with regard to the Gila River Water Rights Adjudication, which has been decades in coming. Recently Cochise County expressed an interest in participating with the City in pursuing their collective rights and interests with regard to the San Pedro and requested that they be allowed to contribute to some of the costs of Mr. Sullivan’s services. This intergovernmental agreement would allow Cochise County to expend the sum of $5,000 towards Mr. Sullivan’s fees and to participate in meetings along with updates and other things with regard to the water adjudication. There is no cost to the City beyond what is already being paid to Mr. Sullivan for his services in approving the resolution. The motion was approved by a unanimous vote, 6/0. Item 10 Resolution 2016-062, Intergovernmental Agreement with Cochise County for Election Supplies and Services Council Member Huisking moved that Resolution 2016-062, Intergovernmental Agreement with Cochise County for Election Supplies and Services, be approved. Council Member Calhoun seconded the motion. Ms. Adams stated that this is an intergovernmental agreement between the City and Cochise

County for the Election Department to provide services for the City’s elections, the Primary and if necessary, the General. It is an update of the existing agreement that expired after the last election. The actual costs for the election have not changed. It is updated to reflect the use of the Vote Centers and some of the different practices that were put in place because they are not renting properties any longer and it is just more reflective of today’s actual practice. Ms. Adams added that she did clarify with the County that the City is not going to be billed for the re-mailing of the ballots. If approved, she will forward the agreement back to the County and they will proceed with the City’s election. Council Member Mount asked if the City is still on the hook if there are any subsequent faults with the ballots or any issues that the City cannot control and would the County be held accountable for those mistakes. Ms. Adams stated that the City has not ever been billed for any additional costs due to errors for additional processing for years where they had to fly them out to other counties for counting. That cost was not passed on to the City and the City pays the basic cost that is set out in the agreement per election. Council Member Calhoun asked about the amount budgeted for the election. Ms. Adams stated that budgeted is about $25,000 for election. The motion was approved by a unanimous vote, 6/0. Item 11 Resolution 2016-063, approving a resolution in support of the Sierra Vista Unified School District Bond Election in November 2016 Council Member Calhoun moved that Resolution 2016-063, approving a resolution in support of the Sierra Vista Unified School District Bond Election in November 2016, be approved. Council Member Ash seconded the motion. Ms. Jacobs stated that School Superintendent Chris Hagrel and Bruce Dockter with the Canyon Vista Medical Center Board presented to Council a summary of the bond election that the School District Governing Board has placed on the November Election. At the conclusion of that presentation, Council requested that a resolution of support be placed on the agenda. Council Member Huisking stated that she hardily supports it and is thankful to all her colleagues on Council for supporting something that probably needed action for awhile. She hopes that they go through with it and that people in the audience, constituents and voters will take the time to learn about it and get their questions answered so that they can make the right decision in November. The motion was approved by a unanimous vote, 6/0. Call to the Public The following individuals were present to voice their concerns about the Horned Toad Saloon building/lot repairs that have caused flooding issues and its affect on their businesses on west Fry Boulevard: Brian Bays, Joel Borowiec, Victor Tackett, Jose Lopez, Jimmy Galt, Patrick Galt, Robert Maloney, Sharon Thomas, and Phillip Micheau. Council Member Calhoun was interrupted by Mayor Mueller who stated that she was out of order and explained that based on the Open Meeting Law if the item was not posted for discussion, Council is not authorized to discuss this; but if she wants to talk about it in her closing remarks, she is more than welcomed to do that. Comments and Requests of the Council

Council Member Mount voiced his appreciation at everyone present, stated that he received a message on social media referencing the discussion at Call to the Public and added that it is hard to follow up as everything that was said is important and he empathizes with what it is that they are going through. He also stated that Council’s job is to represent all areas of the City and the people who are affected and he thinks that what they have to do as a Council is to go back and figure out exactly what is going on, especially after it rains. He noted that he was looking at a map to get a layout and the harder part is that the City has to figure out, for what the City can control, what to do as there has been discussion about the west end. The City has to fix problems that the City can fix now. Council Member Huisking stated that she hopes that a concerted effort is made to look into this because there must be some information that the City is missing from the standpoint of what the City can do; but she appreciates everyone coming out and telling Council about it because the problem is not going to go away and monsoon season is going to be upon the City every year. She stated that she would also appreciate that they work with the City and to have the Council informed on what the possibilities are and options. She congratulated the Public Information Office for the tourism award and noted that she was there the night that they received it and it is great to have Sierra Vista recognized on a State level for a good piece of literature, which gives the visitors and residents a lot of good information. She thanked Council Members for supporting the school bond issue because as an educator and having worked in the Water Wise Program, she was in and out of a lot of schools and when things happen in the schools, classes get cancelled. She is well aware of the delays in maintenance that are bringing this about and the great need for technology, which will make the City competitive with other communities in terms of thinking about whether people will come to the City and educate their kids in the City if the schools have the right tools. In closing, she announced that she got a notice from the County Health Department about blood donors as a lot of people have been on vacation and the Red Cross is short on blood. Council Member Calhoun apologized to Council Member Mount for interrupting him during his comments and added that she joins those who want to put the issue on a work session because it is fair to hear both sides of the issue. She had the opportunity to see the property and it is a problem because in addition to the flooding, the cost to the building owners for their property, the mosquitoes are an important issue as there is pooling of water. She voiced her appreciation at Mr. Micheau’s comments about how the issue would disrupt work in his office. She thanked Dominic Luna for his service and stated that she hopes that he was able to get a lot out during his time as an intern at City Hall, a great service that the City offers to interns. In closing, she commented about an article in the paper about vet ownership and the work that vets are doing in the community and the fact that there is an office that helps vet businesses to work in the community. Council Member Ash echoed the comments of those who spoke before her, thanked Sierra Vista citizens and those that are not citizens; but do a lot of their shopping in Sierra Vista and business as well. She also stated that she agrees with Council Member Calhoun on having a work session because this is a government entity and there is a process; but at the same time there is a need for accountability and she looks forward to how the City along with the business owners in the west end can work towards a resolution. In addition she added that she attended the Global Leadership Summit in Sierra Vista that was an awesome event as there were representatives from the City, Fire Department and Fort Huachuca. In closing, she thanked her friend Harry, a great supporter of the National Employer Support of the Guard and Reserve and announced the Veterans’ Resource Fair on August 19th at 9:00 a.m. at the Rothery Services Center, which is open to all veterans who are looking for resources. Council Member Gray announced the Arts and Humanities Commission will be offering Second Saturday at Veterans’ Memorial Park at 6:00 p.m. with a great line up of bands and an opportunity for open mic night. She also thanked the people who have concerns that come to talk with Council and looks forward to hearing all of the facts and figuring out what is going on.

Council Member Huisking announced that on the last Saturday of August the Sierra Vista Community Gardens located between Wilcox and Meyer will be hosting its annual Open House, Breakfast in the Garden, from 8:00 a.m. until 10:00 a.m. Mayor Mueller had nothing to report. Adjournment Mayor Mueller adjourned the August 11, 2016 meeting of the Sierra Vista City Council at 6:17 p.m.

_____________________________ Mayor Frederick W. Mueller

Minutes prepared by: Attest:

_____________________________ _____________________________ Maria G. Marsh, Deputy Clerk Jill Adams, City Clerk

August 11, 2016 MEMORANDUM TO: Honorable Mayor and City Council THRU: Charles P. Potucek, City Manager FROM: Jill Adams, City Clerk SUBJECT: REQUEST FOR AGENDA ITEM PLACEMENT

Resolution 2016-064, Special Event Liquor License for Derek McKinley on behalf of the Directorate of Family, Moral, Welfare and Recreation (DFMWR) for the Fun Festival, September 23 and 24, 2016 at Veterans’ Memorial Park, 3105 E. Fry Blvd, Sierra Vista, Arizona

RECOMMENDATION: The City Clerk recommends approval of this event with proper crowd control. The City Manager recommends approval of this event with proper crowd control. INITIATED BY: Derek McKinley Directorate of Family, Moral, Welfare and Recreation (DFMWR) Building 22214 Augar Ave Fort Huachuca, Arizona 85670 BACKGROUND: Derek McKinley submitted an application for a Special Event liquor license on behalf of the Directorate of Family, Moral, Welfare and Recreation (DFMWR) for the Fun Festival, September 23 and 24, 2016 at Veterans’ Memorial Park, 3105 E. Fry Blvd, Sierra Vista, Arizona. The Arizona Rangers have been contacted to provide overall security for the event. Fetal Alcohol Signs will be posted, identification will be required, and those meeting age requirements will be issued a wristband. The Police Department has reviewed the application and given their approval. The application must be approved by the City Council before it is sent to the State Department of Liquor Licenses and Control for their review. BUDGET APPROPRIATION: Not applicable. Attachments

RESOLUTION 2016-064

A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SIERRA VISTA, COCHISE COUNTY, ARIZONA; REAFFIRMING SETTLED POLICY BY RECOMMENDING APPROVAL FOR A SPECIAL EVENT LIQUOR LICENSE TO DEREK MCKINLEY ON BEHALF OF THE DIRECTORATE OF FAMILY, MORAL, WELFARE AND RECREATION (DFMWR), FOR THE FUN FESTIVAL ON SEPTEMBER 23 AND 24, 2016, TO THE STATE DEPARTMENT OF LIQUOR LICENSES AND CONTROL; AND AUTHORIZING AND DIRECTING THE CITY MANAGER, CITY CLERK, CITY ATTORNEY OR THEIR DULY AUTHORIZED OFFICERS AND AGENTS TO TAKE ALL STEPS NECESSARY TO CARRY OUT THE PURPOSES AND INTENT OF THIS RESOLUTION.

WHEREAS, an application for a Special Event liquor license for Derek McKinley on behalf of the Directorate of Family, Moral, Welfare and Recreation (DFMWR) for the Fun Festival, September 23 and 24, 2016 at Veterans’ Memorial Park, 3105 E. Fry Blvd, Sierra Vista, Arizona, has been received from the Arizona Department of Liquor Licenses and Control; and WHEREAS, Section 4-203.02 of the Arizona Revised Statutes requires approval of the Sierra Vista City Council before the license will be considered; and WHEREAS, it is a settled policy of the City Council that Special Event liquor licenses be recommended for approval if no objections are raised; and WHEREAS, it is in the best interest of the citizens of Sierra Vista that this Special Event liquor license be approved. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SIERRA VISTA, ARIZONA, AS FOLLOWS: SECTION 1 That the settled policy, most recently affirmed, is, and hereby is, reaffirmed. SECTION 2 The City Council of the City of Sierra Vista recommends approval to the State Department of Liquor Licenses and Control of a Special Events liquor license for Derek McKinley (applicant) on behalf of the Directorate of Family, Moral, Welfare and Recreation (DFMWR). RESOLUTION 2016-064 PAGE ONE OF TWO

SECTION 3 The City Manager, City Clerk, City Attorney, or their duly authorized officers and agents are hereby authorized and directed to take all steps necessary to carry out the purposes and intent of this resolution. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SIERRA VISTA, ARIZONA, THIS 8th DAY OF SEPTEMBER 2016. ______________________ Frederick W. Mueller Mayor Approved as to Form: Attest: ________________________ _______________________ Nathan J. Williams Jill Adams Assistant City Attorney City Clerk Prepared by: Jill Adams, City Clerk RESOLUTION 2016-064 PAGE TWO OF TWO

August 25, 2016 MEMORANDUM TO: Honorable Mayor and City Council THRU: Charles P. Potucek, City Manager FROM: Jill Adams, City Clerk SUBJECT: REQUEST FOR AGENDA ITEM PLACEMENT

Resolution 2016–065, Fair/Festival License Application for Rhona MacMillan on behalf of Zarpara Vineyard to sell wine at the Farmers’ Market on October 20, November 17 and December 15, 2016

RECOMMENDATION: The City Clerk recommends approval of this event with proper crowd control. The City Manager recommends approval of this event with proper crowd control. INITIATED BY: Rhona MacMillan Zarpara Vineyard 6777 S. Zarpara Lane Willcox, Arizona 85643 BACKGROUND: Rhona MacMillan submitted an application for a Fair/Festival Liquor License on behalf of Zarpara Vineyard to sell wine at the Farmer’s Market on October 20, November 17 and December 15, 2016. Fetal Alcohol Signs will be posted, identification will be required, and those meeting age requirements will be issued a wristband. The Police Department has reviewed the application and given their approval. The application must be approved by the City Council before it is sent to the State Department of Liquor Licenses and Control for their review. BUDGET APPROPRIATION: Not applicable. Attachments

RESOLUTION 2016-065

A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SIERRA VISTA, COCHISE COUNTY, ARIZONA; REAFFIRMING SETTLED POLICY BY RECOMMENDING APPROVAL FOR A FAIR/FESTIVAL LIQUOR LICENSE TO RHONA MACMILLAN ON BEHALF OF ZARPARA VINEYARD TO SELL WINE AT THE FARMERS’ MARKET ON OCTOBER 20, NOVEMBER 17 AND DECEMBER 15, 2016, TO THE STATE DEPARTMENT OF LIQUOR LICENSES AND CONTROL; AND AUTHORIZING AND DIRECTING THE CITY MANAGER, CITY CLERK, CITY ATTORNEY OR THEIR DULY AUTHORIZED OFFICERS AND AGENTS TO TAKE ALL STEPS NECESSARY TO CARRY OUT THE PURPOSES AND INTENT OF THIS RESOLUTION.

WHEREAS, a Fair/Festival License Application for Rhona MacMillan on behalf of

Zarpara Vineyard to sell wine on October 20, November 17 and December 15, 2016 at the Farmer’s Market at Veterans’ Memorial Park, 3105 E. Fry Boulevard, Sierra Vista, Arizona, has been received from the Arizona Department of Liquor Licenses and Control; and WHEREAS, Section 4-203.02 of the Arizona Revised Statutes requires approval of the Sierra Vista City Council before the license will be considered; and WHEREAS, it is a settled policy of the City Council that Fair/Festival Liquor Licenses be recommended for approval if no objections are raised; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SIERRA VISTA, ARIZONA, AS FOLLOWS: SECTION 1 That the settled policy, most recently affirmed, is, and hereby is, reaffirmed. SECTION 2 The City Council of the City of Sierra Vista recommends approval to the State Department of Liquor Licenses and Control of Fair/Festival Liquor License for Rhona MacMillan, applicant, on behalf of Zarpara Vineyard. RESOLUTION 2016-065 PAGE ONE OF TWO

SECTION 3 The City Manager, City Clerk, City Attorney, or their duly authorized officers and agents are hereby authorized and directed to take all steps necessary to carry out the purposes and intent of this resolution. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SIERRA VISTA, ARIZONA, THIS 8th DAY OF SEPTEMBER 2016. ______________________ Frederick W. Mueller Mayor Approved as to Form: Attest: ________________________ _______________________ Nathan J. Williams Jill Adams City Attorney City Clerk Prepared by: Jill Adams, City Clerk RESOLUTION 2016-065 PAGE TWO OF TWO

September 1, 2016 MEMORANDUM TO: Honorable Mayor and City Council THRU: Charles P. Potucek, City Manager FROM: Jill Adams, City Clerk SUBJECT: REQUEST FOR AGENDA ITEM PLACEMENT

Resolution 2016-074, Special Event Liquor License for Eric J. Potvin on behalf of the Sierra Vista Firefighters Charities for October 1 and 2, 2016 at Veterans’ Memorial Park, 3105 E. Fry Blvd, Sierra Vista, Arizona

RECOMMENDATION: The City Clerk recommends approval of this event with proper crowd control. The City Manager recommends approval of this event with proper crowd control. INITIATED BY: Eric J. Potvin 409B West Fry Boulevard Sierra Vista, Arizona 85635 BACKGROUND: Eric J. Potvin on behalf of the Sierra Vista Firefighters Charities submitted an application for an event on October 1 and 2, 2016 at Veterans’ Memorial Park. Fencing will be placed around the designated area with one entry point for overall security for the event. Fetal Alcohol Signs will be posted, identification will be required, and those meeting age requirements will be issued a wristband. The Police Department has reviewed the application and given their approval. The application must be approved by the City Council before it is sent to the State Department of Liquor Licenses and Control for their review. BUDGET APPROPRIATION: Not applicable. Attachments

RESOLUTION 2016-074

A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SIERRA VISTA, COCHISE COUNTY, ARIZONA; REAFFIRMING SETTLED POLICY BY RECOMMENDING APPROVAL FOR A SPECIAL EVENT LIQUOR LICENSE TO ERIC J. POTVIN ON BEHALF OF THE SIERRA VISTA FIREFIGHTERS CHARITIES FOR AN EVENT ON OCTOBER 1 AND 2, 2016, TO THE STATE DEPARTMENT OF LIQUOR LICENSES AND CONTROL; AND AUTHORIZING AND DIRECTING THE CITY MANAGER, CITY CLERK, CITY ATTORNEY OR THEIR DULY AUTHORIZED OFFICERS AND AGENTS TO TAKE ALL STEPS NECESSARY TO CARRY OUT THE PURPOSES AND INTENT OF THIS RESOLUTION.

WHEREAS, an application for a Special Event liquor license for Eric J. Potvin on behalf of the Sierra Vista Firefighters Charities for October 1 and 2, 2016 at Veterans’ Memorial Park, 3105 E. Fry Blvd, Sierra Vista, Arizona, has been received from the Arizona Department of Liquor Licenses and Control; and WHEREAS, Section 4-203.02 of the Arizona Revised Statutes requires approval of the Sierra Vista City Council before the license will be considered; and WHEREAS, it is a settled policy of the City Council that Special Event liquor licenses be recommended for approval if no objections are raised; and WHEREAS, it is in the best interest of the citizens of Sierra Vista that this Special Event liquor license be approved. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SIERRA VISTA, ARIZONA, AS FOLLOWS: SECTION 1 That the settled policy, most recently affirmed, is, and hereby is, reaffirmed. SECTION 2 The City Council of the City of Sierra Vista recommends approval to the State Department of Liquor Licenses and Control of a Special Events liquor license for Eric J. Potvin on behalf of the Sierra Vista Firefighters Charities. RESOLUTION 2016-074 PAGE ONE OF TWO

SECTION 3 The City Manager, City Clerk, City Attorney, or their duly authorized officers and agents are hereby authorized and directed to take all steps necessary to carry out the purposes and intent of this resolution. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SIERRA VISTA, ARIZONA, THIS 8th DAY OF SEPTEMBER 2016. ______________________ Frederick W. Mueller Mayor Approved as to Form: Attest: ________________________ _______________________ Nathan J. Williams Jill Adams Assistant City Attorney City Clerk Prepared by: Jill Adams, City Clerk RESOLUTION 2016-074 PAGE TWO OF TWO

August 16, 2016 MEMORANDUM TO: Honorable Mayor and City Council THRU: Charles P. Potucek, City Manager FROM: Anthony Venditto, Lieutenant Sierra Vista Police Department SUBJECT: Request for Agenda Item Placement

RESOLUTION 2016-066, Arizona Child Abduction Response Team Intergovernmental Agreement Recommendation: The Police Chief recommends approval. The City Manager recommends approval. Background: The Arizona Child Abduction Team (AZCART) is currently comprised of twenty-six Arizona law enforcement agencies and the Federal Bureau of Investigation. The AZCART team members are highly trained in responding to and investigating child abductions throughout the State of Arizona. This document formalizes the coordination between all AZCART law enforcement agencies to respond to any child abductions in the State of Arizona. This agreement is designed to be implemented on or before September 8, 2016.

RESOLUTION 2016-066 PAGE ONE OF TWO

RESOLUTION 2016-066

A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SIERRA VISTA, COCHISE COUNTY, ARIZONA; AUTHORIZING AND APPROVING AN INTERGOVERNMENTAL AGREEMENT AMONG THE CITY OF SIERRA VISTA, THE TOWN OF ORO VALLEY, THE TOWN OF MARANA, THE TOWN OF SAHUARITA, THE CITY OF TUCSON, THE CITY OF SOUTH TUCSON, THE CITY OF NOGALES, THE CITY OF FLORENCE, THE CITY OF APACHE JUNCTION, THE CITY OF CHANDLER, THE TOWN OF GILBERT, THE TOWN OF MARICOPA, THE COUNTY OF MARICOPA,THE CITY OF MESA, THE TOWN OF PARADISE VALLEY, THE CITY OF PHOENIX, THE CITY OF SCOTTSDALE, THE CITY OF GLENDALE, THE COUNTY OF NAVAJO, THE CITY OF PAGE, THE CITY OF PEORIA, THE COUNTY OF PINAL, THE CITY OF SHOW LOW, THE CITY OF TEMPE, THE PIMA COUNTY SHERIFF’S DEPARTMENT, THE ARIZONA DEPARTMENT OF PUBLIC SAFETY AND THE FEDERAL BUREAU OF INVESTIGATION FOR PARTICIPATION IN THE ARIZONA CHILD ABDUCTION RESPONSE TEAM (CART)

WHEREAS, the City of Sierra Vista pursuant to Arizona Revised Statutes A.R.S

11-952 is authorized to enter into or renew agreements for joint and cooperative action with other public agencies; and WHEREAS, the City of Sierra Vista is authorized to establish and maintain the Sierra Vista Police Department, pursuant to A.R.S. 9-240(B)(12); and

WHEREAS, the City of Sierra Vista desires to enter into an intergovernmental

agreement with the Town of Oro Valley, the Town of Marana, The Town of Sahuarita, the City of Tucson, the City of South Tucson, the City of Nogales, the City of Florence, the City of Apache Junction, the City of Chandler, the Town of Gilbert, the Town of Maricopa, the County of Maricopa, the City of Mesa, the Town of Paradise Valley, the City of Phoenix, the City of Scottsdale, the City of Glendale, the County of Navajo, the City of Page, the City of Peoria, the County of Pinal, the City of Show Low, the City of Tempe, the Pima County Sheriff’s Department, the Arizona Department of Public Safety and the Federal Bureau of Investigation, for participation in the Arizona Child Abduction Response Team (CART); and

WHEREAS, the purpose of CART is to provide a pool of specialized investigators

which will be made available to focus dedicated and intensive investigative, preventative, and general law enforcement efforts in cases involving abducted children; and

WHEREAS, it is in the best interest of the City of Sierra Vista to enter into the

IGA, attached hereto as Exhibit “A” and incorporated herein by this reference for participation in the Arizona Child Abduction Response Team.

NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL

OF THE CITY OF SIERRA VISTA, ARIZONA, AS FOLLOWS:

RESOLUTION 2016-066 PAGE TWO OF TWO

SECTION 1

That the Intergovernmental Agreement among the City of Sierra Vista, the Town of Oro Valley, the Town of Marana, The Town of Sahuarita, the City of Tucson, the City of South Tucson, the City of Nogales, the City of Florence, the City of Apache Junction, the City of Chandler, the Town of Gilbert, the Town of Maricopa, the County of Maricopa, the City of Mesa, the Town of Paradise Valley, the City of Phoenix, the City of Scottsdale, the City of Glendale, the County of Navajo, the City of Page, the City of Show Low, the City of Tempe, the Pima County Sheriff’s Department, the Arizona Department of Public Safety and the Federal Bureau of Investigation, for participation in the Arizona Child Abduction Response Team (CART); attached hereto as Exhibit “A” is hereby approved.

SECTION 2

The Police Chief and any other administrative officials of the City of Sierra Vista

are hereby authorized to take steps as necessary to execute and implement the terms of the Agreement.

PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY

OF SIERRA VISTA, ARIZONA, THIS 8th DAY OF SEPTEMBER, 2016. _____________________ Frederick W. Mueller Mayor

Approved as to Form: Attest:

______________________ _____________________ Nathan Williams Jill Adams City Attorney City Clerk

Prepared by: Anthony Venditto, Lieutenant Sierra Vista Police Department

INTERGOVERNMENTAL AGREEMENT FOR THE CREATION AND PARTICIPATION IN THE ARIZONA CHILD ABDUCTION

RESPONSE TEAM

This Agreement is entered into pursuant to A.R.S. §§11-951 et seq., and A.R.S. §13-3872 among the City of Sierra Vista, the Town of Oro Valley, the Town of Marana, the Town of Sahuarita, the City of Tucson, the Pima County Sheriff’s Department, the Arizona Department of Public Safety, the City of Nogales, the City of Florence, the City of South Tucson, the City of Apache Junction , the City of Chandler, the Federal Bureau of Investigation, the Town of Gilbert, the Town of Maricopa, the City of Mesa, the Town of Paradise Valley, the City of Phoenix, the City of Scottsdale, the County of Maricopa, the City of Glendale, the County of Navajo, the City of Page, the City of Peoria, the County of Pinal, the city of Show Low, and the City of Tempe. The aforementioned agencies shall herein after be known collectively as the Arizona Child Abduction Response team agencies (CART) and any other public agencies, as that term is defined in A.R.S. § 11-951, which after invitation by the CART chiefs, comply with the provisions of A.R.S. §§11-951 et seq. and files an authorizing document with the County Recorder in the County in which the agency is located that references this Agreement. A public agency shall become a Party to this Agreement as of the date that agency files with the appropriate County Recorder, notwithstanding that A.R.S. §§11-951 et seq., no longer requires such recording. Each CART agency shall provide a copy of its fully executed agreement to every other member agency. In addition to the above, all members to this Agreement may also be collectively known as or referred to as the Parties. I. PURPOSE The purpose of this Agreement is to create an Arizona Child Abduction Response Team (CART). The primary goal of the Arizona Child Abduction Response Team is to provide a pool of specialized investigators which are available to focus dedicated and intensive investigative, preventative, and general law enforcement efforts primarily with regard to cases involving abducted children. CART agencies may request and render law enforcement assistance from other CART agencies in dealing with serious violations of law including, but not limited to, the investigation, arrest and prosecution of those involved in criminal child kidnapping, abduction, false imprisonment and similar or related violations (utilizing state and federal law and prosecutions, as appropriate), the rescue of the abducted child or children and the seizure and forfeiture of assets of those engaged in child abduction or otherwise supporting such activity (utilizing state and federal forfeiture options, as appropriate). Additionally, the location of each Party’s jurisdiction in relation to each other makes it advantageous to enter this particular Agreement in order to receive and extend mutual aid in the form of law enforcement services and resources to adequately respond to continuing, multi-jurisdictional criminal activity such at that described above. II. AUTHORITY A. The Parties are authorized and empowered to enter into this Agreement pursuant to A.R.S. §§11-951 et seq., A.R.S. §13-3872 and the respective provisions of their City Charters, Tribal Constitution or other governing statute or authority.

If any Native American tribe that is a party to this Agreement request CART assistance, all assisting CART team members shall be granted tribal peace officer authority for the duration of the CART activation within the applicable tribal jurisdiction.

III. ACTIVATION, PROCEDURES AND RESOURCES A. Any Party to the Agreement may request activation of CART. It shall be the responsibility

of the Party requesting activation to contact assigned team leaders via the law enforcement communications center of each Party.

B. The Party that has jurisdiction over the incident or investigation will remain as the lead

agency for the duration of a particular CART activation with support from CART agencies. C. Two CART Team Leaders will be selected by the CART Team members subject to final

approval of chief law enforcement officers (chiefs) of the CART agencies on a rotating basis for a term of at least one year, which shall correspond with the effective date of the Agreement. In the event that a Team Leader is unable to complete his or her term due to resignation from his or her agency or for any other reason, the CART members shall name and shall appoint a replacement subject to final approval of the chiefs.

D. The CART Team Leaders or designees will be responsible for coordinating on-going

training, meetings or other necessary supporting functions in support of the operational effectiveness of CART. Team Leaders shall be responsible for mediating any jurisdictional disputes between the Parties during a CART activation. In the event such mediation fails, the issue shall be brought to the attention of the CART Chiefs for appropriate resolution.

E. Each Party shall to the best of its ability make at least one sworn law enforcement officer

available along with supporting equipment, such as vehicles, in support of any CART activation. Each Party shall designate a primary CART member to participate in activations, meetings, trainings, etc. Each Party shall immediately inform other CART agencies when such designations change. In the event a primary CART member is not available or as the situation dictates, a CART agency may provide officers not normally designated as CART members in support of a CART activation.

F. Each Party shall have the sole discretion to determine how many or how long any of its

personnel or resources shall be assigned in support of a CART activation. IV. COSTS AND ANY REIMBURSEMENT The Parties will be responsible for any and all associated costs accrued in implementing this Agreement that are incurred by their respective agencies to include but are not limited to employee salary, shift differential pay, overtime compensation, benefits, vehicles, equipment, etc. If any Party receives grant funds designated for the Arizona Child Abduction Response Team, some or all of these expenses may be reimbursed to the Parties. In no event shall any Party charge other Parties for any administrative fees for any work performed pursuant to this Agreement.

V. NONDISCRIMINATION The Parties to this Agreement shall comply with all applicable provisions of state and federal non-discrimination laws and regulations including, but not limited to Executive Order 75-5, as modified by Executive Order 99-4, which mandates that all persons, regardless of race, religion, sex, age, national origin or political affiliation shall have equal access to employment opportunities and all other federal and state employment and educational opportunity laws, rules and regulations, including the Americans with Disabilities Act; provided however, an Indian Community is subject to 25 U.S.C. § 450e(c). No Party shall engage in any form of illegal discrimination. VI. INDEMNIFICATION To the extent permitted by law, each Party does hereby covenant and agree to indemnify, defend, and hold harmless the other Party, their elected officials, appointees, officers, employees, contractees, and agents from and against any and all suits, actions, legal or administrative proceedings, claims, demands or damages of any kind or nature relating to this Agreement which, are the result of any act or omission of the Party, its officers, employees, contractees, agents, and anyone acting under its direction or control, whether intentional or negligent, in connection with or incident to this Agreement. Failure of a Party to comply with the terms of this Agreement shall not provide the basis of any third party action against any of the Parties.

VII. GOVERNING LAW

The laws of the State of Arizona shall govern this Agreement. Venue will be in the Maricopa County Superior Court unless the subject matter of the dispute involves an Indian Community, then venue shall be in the Federal District Court for the State of Arizona. In the event of any litigation or arbitration arising out of this Agreement, the substantially prevailing Party in such litigation or arbitration shall be entitled to recover its reasonable attorney fees, expert witness fees and other costs of litigation. VIII. DURATION AND CANCELLATION OF AGREEMENT A. This Agreement shall become effective upon execution by the Parties hereto and filing

with the appropriate County Recorder and shall remain in effect until July 1, 2020, unless otherwise terminated by the terms of this Agreement or operation of law. Failure by one or more Parties to execute the Agreement shall not invalidate the Agreement as to those Parties who did so. Any Party may withdraw from this Agreement with or without cause by giving thirty calendar days written notice to the other Parties to the Agreement.

B. This Agreement may be administratively extended by each Party at the direction of the

chief law enforcement officer for each Party on or before the termination date for a period of an additional five years by notifying the other Parties in writing. Any Party which fails to do so by the termination date listed above shall no longer be a Party to the Agreement.

IX. CANCELLATION PROVISIONS PURSUANT TO A.R.S §38-511 The Parties reserve all rights that each may have to cancel this Agreement for possible conflicts of interest under A.R.S. § 38-511, as amended. X. MULTIPLE COUNTERPARTS This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Neither a signature for every Party nor a signature line shall be required in each counterpart except that on a counterpart being brought forward by a Party to its legislative body or equivalent for approval, that particular counterpart shall have to be signed and executed in accordance with that Party’s practice. The signature pages from one or more counterparts may be removed from such counterparts and such signature pages all attached to a single instrument so that the signatures of all Parties may be physically attached to a single document. XI. WORKER’S COMPENSATION Pursuant to A.R.S. §23-1022( D), for the purposes of worker’s compensation coverage, all employees of each Party covered by this Agreement shall be deemed to be an employee of all Parties. The primary employer shall be solely liable for payment of worker’s compensation benefits. XII. OTHER PROVISIONS A. In the event that any provision of this Agreement shall be held invalid or unenforceable by

any court of competent jurisdiction, such holding shall not affect the validity or enforceability of any other provision hereof.

B. This Agreement contains the entire understanding between the Parties with respect to the

subjects hereof and supersedes all prior negotiations and agreements. This Agreement may be amended only by an instrument in writing and signed by all the participating Parties. The waiver of any breach of this Agreement shall not be deemed to amend this Agreement and shall not constitute waiver of any other subsequent breach. Headings are for convenience and shall not affect interpretation.

C. This Agreement shall be recorded with the appropriate County Recorder as described

above upon its execution and a copy shall be forwarded to each Party. D. Pursuant to A.R.S. §§ 35-391.06 and 35-393.06, each Party certifies that it does not have

a scrutinized business operation, as defined in A.R.S. §§ 35-391 and 35-393, in either Sudan or Iran.

E. Nothing within this Agreement shall be construed to limit the ability of participating Arizona

Child Abduction Response Team members to provide or as otherwise allowed for by law, such assistance in any enforcement action as may be lawfully requested by a law enforcement officer having jurisdiction over an incident, crime or matter under consideration.

XIII. COMPLIANCE WITH E-VERIFY PROGRAM A. To the extent provisions of A.R.S. §41-4401 are applicable, all Parties warrant to each

Party that they will comply with all Federal Immigration laws and regulations that relate to their employees and that each now complies with the E-Verify Program under A.R.S. §23-214(A).

B. A breach of this warranty will be considered a material breach of this Agreement and may

subject the breaching party to penalties up to and including termination of this Agreement. C. All of the Parties retain the legal right to inspect the papers of any employee who works

pursuant to this Agreement or any related subcontract to ensure compliance with the warranty given above.

D. Any Party may conduct a random verification of the employment records of any other

Party to ensure compliance with this warranty. E. A Party will not be considered in material breach of this Agreement if it establishes that it

has complied with the employment verification provisions prescribed by 8 USCA §1324(a) and (b) of the Federal Immigration and Nationality Act and the E-Verify requirements prescribed by A.R.S. §23-214(A).

F. The provisions of this Article must be included in any contract either Party enters into with

any and all of its contractors or subcontractors who provide services under this Agreement.

XIV. NOTICES Any notice required to be given under this Agreement will be provided to all Parties to this Agreement. The CART leaders shall compile a list of each Party’s address, phone number and contact person and distribute said list to each member to this Agreement.

IN WITNESS WHEREOF, the Party named below has executed this Agreement on THIS 8th DAY OF SEPTEMBER, 2016.

CITY OF SIERRA VISTA, an Arizona municipal corporation

By: Frederick W. Mueller Mayor

ATTEST: _________________________ Jill Adams City Clerk

APPROVED AS TO FORM: _________________________ Nathan Williams City Attorney Reviewed By: Adam Thrasher

Chief of Police

INTERGOVERNMENTAL AGREEMENT DETERMINATION In accordance with A.R.S. §11-952, this Agreement has been reviewed by the undersigned who determined that this Agreement is in appropriate form and is within the powers and authority of the respective parties. City of Sierra Vista By: Nathan Williams City Attorney Date:

August 25, 2016 MEMO TO: Mayor and City Council THRU: Charles P. Potucek, City Manager FROM: Mary Jacobs, Assistant City Manager SUBJECT: Agenda Item Placement – Resolution 2016-067, Tasking the Citizens

Advisory Commission with Reviewing Boards and Commissions Not Protected by State Statute, and Making Recommendations to the City Council on Structure, Operations, Mission or Appointment Changes

Recommendation: The City Manager recommends approval. Background: Over the past several months, the City Council has had several discussions regarding whether it was time to review the use and operation of the various non-state statute boards and commissions. Through these discussions, the Council determined that there were three tasks that needed to be accomplished:

Task the Citizen's Advisory Commission (CAC) with a review of the City's non-statutory boards and commissions (excluding the CAC) to determine whether the current structure is effective in encouraging citizen engagement, and make recommendations to the City Council;

Analyze the nomination process for Board/Commission members to determine if it is meeting the needs of the Council.

Review and update the current Board/Commission handbook and update with more detailed information and instruction to help make the appointed bodies more successful; and

Attached is a tasking for the Citizen's Advisory Commission that includes the first task. The second two tasks will be assigned to City staff to complete. If this resolution is approved, the CAC would be provided with staff support to complete the tasking, and ensure their analysis includes, at a minimum, a review of:

Current mission of each board/commission; Recommendations and actions of each entity; Input of current board/commission members on work and perceived effectiveness; Input of staff on perceived effectiveness of boards/commissions; and Review of alternative community engagement models in local government.

It is anticipated that the task would be completed by the end of January, 2017. Staff is currently reviewing the Board/Commission handbook and nomination process, and will finalize the update and recommendations once the Council has an opportunity to consider and act upon the recommendations of the CAC following their work on this tasking. Budget Impact: None

RESOLUTION 2016-067

A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SIERRA VISTA, COCHISE COUNTY, ARIZONA; TASKING THE CITIZENS ADVISORY COMMISSION WITH EVALUATING THE CURRENT BOARD AND COMMISSION STRUCTURE, THE EFFECTIVENESS OF THESE PUBLIC BODIES IN ADVISING THE CITY COUNCIL, AND MAKING RECOMMENDATIONS REGARDING CHANGES THAT WOULD IMPROVE CITIZEN INPUT TO THE ELECTED BODY; AND AUTHORIZING AND DIRECTING THE CITY MANAGER, CITY CLERK, CITY ATTORNEY OR THEIR DULY AUTHORIZED OFFICERS AND AGENTS TO TAKE ALL STEPS NECESSARY TO CARRY OUT THE PURPOSES AND INTENT OF THIS RESOLUTION.

WHEREAS, the City of Sierra Vista has established and utilizes a variety of separate boards and commissions to assist the governing board in identifying and evaluating public policy decisions for the benefit of the community; and WHEREAS, these boards and commissions consist of a broad-based group of citizen representatives who are appointed by the City Council to review and provide recommendations on a variety of issues affecting the community; and WHEREAS, there have been some extraordinary contributions from various boards and commissions to City projects and policies for decades; and WHEREAS, there has been no review of the number, roles, expectations and accomplishments of the City's boards and commissions in many years; and WHEREAS, an independent and targeted review of the City's boards and commissions by the Citizens Advisory Commission could help maximize the effectiveness of these appointed bodies, and ultimately provide enhanced citizen input. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SIERRA VISTA, ARIZONA, AS FOLLOWS: SECTION 1 That the policy of the City Council of Sierra Vista supporting the use of citizen committees to provide recommendations to the City’s elected body, be and hereby is, reaffirmed. RESOLUTION 2016-067 PAGE ONE OF TWO

SECTION 2 The City Council hereby directs the Citizens Advisory Commission to evaluate the effectiveness of the current board and commission structure in accordance with the tasking outlined in Attachment A, and provide its written recommendations to the Council by January 31, 2017. SECTION 3 The City Manager, City Clerk, City Attorney, or their duly authorized officers and agents are hereby authorized and directed to take all steps necessary to carry out the purposes and intent of this Resolution. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SIERRA VISTA, ARIZONA, THIS 8TH DAY OF SEPTEMBER, 2016. ______________________ Frederick W. Mueller Mayor Approval as to Form: Attest: _______________________ _____________________ Nathan Williams Jill Adams City Attorney City Clerk RESOLUTION 2016-067 PAGE TWO OF TWO

Attachment A

CITIZENS ADVISORY COMMISSION TASKING TO REVIEW NON-STATUTORY BOARDS AND COMMISSIONS

September 8, 2016 I. OVERALL PURPOSE OF TASKING Review and evaluate the non-statutory Boards and Commissions specified in Section IV of this tasking as appointed by the Sierra Vista City Council, and make recommendations to ensure the structure, appointment process, appointed taskings and work of these bodies:

• Meet the stated goals of Council; • Produce outcomes that are effectively utilized; and • Contribute meaningful opportunities for broad-based citizen engagement.

II. EVALUATION PARAMETERS A. Review Council-approved mission/tasking for all non-statutory Boards and

Commissions, analyze against work and outcomes of each respective body (including work required/performed by City staff), and identify areas where improvements could be considered.

B. Evaluate success in developing a meaningful exchange between the City Council as the

appointing authority and the Boards and Commissions in order to encourage and/or direct the focus on policy-related issues for Council consideration

C. Evaluate overall effectiveness of the Board/Commission system in encouraging citizen

engagement.

III. OUTCOME AND RECOMMENDATIONS Based upon the evaluation conducted, the CAC will develop a written report and recommendations by January 31, 2017 and present them to the City Council by February 28, 2017 at a public work session. The recommendations should include, at a minimum: A. Conclusions regarding whether the mission/function of each appointed body should

remain the same, be modified, or be blended with another board/commission. B. Conclusions regarding the nature of the work/recommendations made by each

appointed body and whether their tasks are sufficiently focused on policy to support the City Council, or if the body could be more beneficially utilized as a committee reporting to the City Manager or a department director.

IV. Non-Statutory Boards and Commissions to be reviewed:

Airport Commission Park and Recreation Commission Arts and Humanities Commission Sister Cities Commission Commission on Cultural Diversity Tourism Commission Commission on Disability Issues West End Commission Environmental Affairs Commission Youth Commission Library Advisory Commission

August 3, 2016 MEMORANDUM TO: Honorable Mayor and City Council THRU: Charles P. Potucek, City Manager Mary Jacobs, Assistant City Manager THRU: Victoria Yarbrough, Leisure and Library Services Director FROM: Emily Scherrer, Staff Liaison, Youth Commission Leisure & Library Services, Library Manager SUBJECT: Request for Agenda Item Placement Resolution 2016-068, Appointment to Youth

Commission

Recommendation: The City Manager recommends approval. The Leisure and Library Services Director recommends approval. Youth Commission Staff Liaison recommends approval. The Youth Commission recommends approval. Initiated by: Sierra Vista Youth Commission Background Due to a recent term expiration there is one Youth Commission vacancy. Savannah Carter has submitted an application for appointment. If appointed, her new term will expire July 9, 2018. The Commission recommends Council approval of the appointment. Budget Appropriations: Not applicable. Attachment

RESOLUTION 2016-068 PAGE ONE OF TWO

RESOLUTION 2016-068

A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SIERRA VISTA, COCHISE COUNTY, ARIZONA; APPOINTING SAVANNAH CARTER TO THE SIERRA VISTA YOUTH COMMISSION, SAID TERM TO EXPIRE JULY 9, 2018 AND AUTHORIZING AND DIRECTING THE CITY MANAGER, CITY CLERK, CITY ATTORNEY OR THEIR DULY AUTHORIZED OFFICERS AND AGENTS TO TAKE ALL STEPS NECESSARY TO CARRY OUT THE PURPOSES AND INTENT OF THIS RESOLUTION.

WHEREAS, the City Council has created a Youth Commission to involve community youth in the governmental process; and WHEREAS, a term expiration resulted in a vacant seat on the Youth Commission; and WHEREAS, one application has been received to fill a vacancy, and it is in the best interests of the citizens to have a full complement of Youth Commission members whenever possible; and WHEREAS, it is settled policy of the City Council, most recently affirmed to fill vacancies on boards and commissions when qualified applications have been received. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SIERRA VISTA, ARIZONA, AS FOLLOWS: SECTION 1 That the City Council policy on term expirations and appointments to boards and commissions when qualified applicants are available is hereby reaffirmed. SECTION 2 The City Council hereby appoints Savannah Carter to the Sierra Vista Youth Commission, said term to expire July 9, 2018. SECTION 3 The City Manager, City Clerk, and City Attorney, or their duly authorized officers and agents, are hereby authorized and directed to take all steps necessary to carry out the purposes and intent of this resolution.

RESOLUTION 2016-068 PAGE TWO OF TWO

PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SIERRA VISTA, ARIZONA, THIS 8th DAY OF SEPTEMBER, 2016.

__________________________ FREDERICK W. MUELLER Mayor

Approval as to Form: Attest: ______________________ __________________________ NATHAN WILLIAMS, JILL ADAMS, City Attorney City Clerk Prepared by: Victoria Yarbrough, Leisure and Library Services Director/dlc

August 16, 2016 MEMORANDUM TO: Honorable Mayor and City Council THRU: Charles P. Potucek, City Manager Mary Jacobs, Assistant City Manager FROM: Sharon Flissar, P.E., Director, Public Works SUBJECT: REQUEST FOR AGENDA ITEM PLACEMENT

Resolution 2016-069, Reappointments and Appointment to the Airport Commission

INITIATED BY: Council Member Craig Mount. BACKGROUND: The terms of Commissioners Darnell Rambert, James Short and John Voishan will expire on October 12, 2016. The Airport Commission recommends that Darnell Rambert, James Short and John Voishan be reappointed, said terms to expire on October 12, 2018. Commissioner Art Weisberger’s term expires on October 12, 2016. The Airport Commission recommends that Jake Pacheco be appointed to fill the vacancy, term expiring October 12, 2018. BUDGET APPROPRIATION: Not applicable. Attachment

RESOLUTION 2016-069 PAGE ONE OF TWO

RESOLUTION 2016-069

A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SIERRA VISTA, COCHISE COUNTY, ARIZONA; ACCEPTING THE REAPPOINTMENTS OF DARNELL RAMBERT, JAMES SHORT AND JOHN VOISHAN AND THE APPOINTMENT OF JAKE PACHECO TO THE AIRPORT COMMISSION, AND AUTHORIZING AND DIRECTING THE CITY MANAGER, CITY CLERK, CITY ATTORNEY OR THEIR DULY AUTHORIZED OFFICERS AND AGENTS TO TAKE ALL STEPS NECESSARY TO CARRY OUT THE PURPOSES AND INTENT OF THIS RESOLUTION.

WHEREAS, City Council has created an Airport Commission to provide public input and citizen participation on the policies and procedures that affect the operation and use of the Sierra Vista Municipal Airport, and to promote the growth and expansion of Airport services to the general public; and WHEREAS, Darnell Rambert, James Short, and John Voishan are available for reappointments and Jake Pacheco is available for appointment to the Airport Commission, and WHEREAS, it is in the best interest of the City that this Commission continues to function with a full body of members. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SIERRA VISTA, ARIZONA, AS FOLLOWS: SECTION 1 That the Council policy of filling vacancies on boards and commissions when qualified applicants are available, most recently affirmed, be, and hereby is reaffirmed. SECTION 2 The Mayor and City Council hereby reappoint Darnell Rambert, James Short, and John Voishan and appoint Jake Pacheco to the Airport Commission, said terms to expire October 12, 2018.

RESOLUTION 2016-069 PAGE TWO OF TWO

SECTION 3 The City Manager, City Clerk, City Attorney or their duly authorized officers and agents are hereby authorized and directed to take all steps necessary to carry out the purposes and intent of this resolution. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SIERRA VISTA, ARIZONA, THIS 8th DAY OF SEPTEMBER, 2016. _____________________________ Frederick W. Mueller Mayor Approval as to Form: Attest: ______________________________ _____________________________ Nathan Williams Jill Adams City Attorney City Clerk Prepared by: Sharon Flissar, P.E. Director, Public Works

September 8, 2016 MEMORANDUM TO: Honorable Mayor and City Council THRU: Charles P. Potucek, City Manager Mary Jacobs, Assistant City Manager Matt McLachlan, AICP, Director, Department of Community Development FROM: Jenifer Thornton Staff Liaison, West End Commission SUBJECT: REQUEST FOR AGENDA ITEM PLACEMENT FOR APPOINTMENTS TO THE WEST END COMMISSION RESOLUTION 2016-070 RECOMMENDATIONS: The West End Commission recommends approval. The City Manager recommends approval. INITIATED BY: West End Commission BACKGROUND: Keren Ginsburg and Kristine Wolfe have West End Commission appointments due to expire on October 9, 2016. The Commission put out several e-mails to Commission members that there would be two positions available and all applications needed to be into the City Clerk's Office prior to the August West End Commission meeting (August 8, 2016). The Clerk's office received three applications: (1) Keren Ginsburg, (2) Pamela Anderson, and (3) Danielle Sheppard. At the August meeting Commissioners Mackey, Adolf, Cotton, and McCaa considered all three of the applications. Ms. Anderson and Ms. Sheppard are West End Business Owners and Ms. Ginsburg lives in a West End neighborhood. All are qualified individuals. The four Commissioners, in attendance, opted to forward all three applications onto City Council and let them, since Commissioners are their representatives, make the decision. The vote by the four Commissioners was unanimous. Following the vote, Commissioners informed the applicants of their decision and requested the one who was not voted onto the Commission become an Associate Member. BUDGET APPROPRIATION: Not applicable. Attachments

RESOLUTION 2016-070

A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SIERRA VISTA, COCHISE COUNTY, ARIZONA; REAFFIRMING THE CITY COUNCIL'S SETTLED POLICY ON BOARDS AND COMMISSIONS; APPOINTING (1) ________________. AND (2) ________________.TO THE WEST END COMMISSION, AND AUTHORIZING AND DIRECTING THE CITY MANAGER, CITY CLERK, CITY ATTORNEY OR THEIR DULY AUTHORIZED OFFICERS AND AGENTS TO TAKE ALL STEPS NECESSARY TO CARRY OUT THE PURPOSES AND INTENT OF THIS RESOLUTION.

WHEREAS, the City Council has created the West End Commission; and WHEREAS, two Commissioners will have terms expiring on October 9, 2016; and, WHEREAS, the West End Commission received applications from three qualified individuals: (1) Keren Ginsburg, (2) Pamela Anderson, and (3) Danielle Sheppard; and, WHEREAS, the West End Commission has unanimously voted to allow all three applications be presented to Council for their decision regarding the best applicants to represent Council on the West End Commission; and, WHEREAS, this resolution reaffirms settled policy of the City Council for filling vacancies on boards and commissions. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SIERRA VISTA, ARIZONA AS FOLLOWS: SECTION 1 The City Council reaffirms its settled policy on appointments to boards and commissions. SECTION 2 The City Council hereby appoints (1) _______________________ and (2) _______________________ to the West End Commission, said terms to expire October 9, 2018. RESOLUTION 2016-070 PAGE ONE OF TWO

SECTION 3 That the City Manager, City Clerk, City Attorney or their duly authorized officers and agents are hereby authorized and directed to take all steps necessary to carry out the purposes and intent of this resolution. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SIERRA VISTA, ARIZONA, THIS 8th DAY OF SEPTEMBER 2016. ________________________ FREDERICK W. MUELLER Mayor ATTEST: ________________________ JILL ADAMS City Clerk APPROVED AS TO FORM: ________________________ NATHAN J. WILLIAMS City Attorney PREPARED BY: Jenifer Thornton Staff Liaison RESOLUTION 2016-070 PAGE TWO OF TWO

September 8, 2016 MEMORANDUM TO: Honorable Mayor and City Council THRU: Charles Potucek, City Manager FROM: Jill Adams, City Clerk SUBJECT: REQUEST FOR AGENDA ITEM PLACEMENT

Resolution 2016-071, Appointment to the Citizens’ Advisory Commission

Recommendations The City Manager recommends approval. Background Members of the Citizens’ Advisory Commission are selected by direct appointment of the Mayor and City Council and serve for the term of the official appointing them. Council Member Hank Huisking’s representative, Ken Cecil, recently moved from the Sierra Vista area and is no longer eligible to be Mrs. Huisking’s representative. Mrs. Huisking is appointing Bernie Stalmann as her new representative.

RESOLUTION 2016-071 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SIERRA VISTA, COCHISE COUNTY, ARIZONA; ACCEPTING, WITH REGRET, THE RESIGNATION OF KEN CECIL AND APPOINTING BERNIE STALMANN TO THE CITIZENS’ ADVISORY COMMISSION; SAID TERM TO COINCIDE WITH THE TERM OF OFFICE OF THE APPOINTING OFFICIAL; AND AUTHORIZING AND DIRECTING THE CITY MANAGER, CITY CLERK, CITY ATTORNEY OR THEIR DULY AUTHORIZED OFFICERS AND AGENTS TO TAKE ALL STEPS NECESSARY TO CARRY OUT THE PURPOSES AND INTENT OF THIS RESOLUTION.

WHEREAS, the Citizens’ Advisory Commission was created to advise City Council on matters of public law, events, or policies which may be reasonably expected to have a major consequence to the City, now or in the future; and WHEREAS, Citizens’ Advisory Commission members are chosen by direct appointment by the Mayor and City Council; and WHEREAS, the recent departure of Council Member Huisking’s appointed representative, Ken Cecil, requires a new appointment be made. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SIERRA VISTA, ARIZONA, AS FOLLOWS: SECTION 1 That the settled policy of direct appointments to the Citizens’ Advisory Commission, be, and hereby is, reaffirmed. SECTION 2 The Mayor and City Council hereby appoint the following individuals to the Citizens’ Advisory Commission: Commission Appointment Appointing Member Bernie Stalmann Council Member Henrietta “Hank” Huisking RESOLUTION 2016-071 PAGE ONE OF TWO

SECTION 3 The City Manager, City Clerk, City Attorney or their duly authorized officers and agents are hereby authorized and directed to take all steps necessary to carry out the purposes and intent of this resolution. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SIERRA VISTA, ARIZONA, THIS 8th DAY OF SEPTEMBER 2016. _____________________________ Frederick W. Mueller Mayor Approval as to form: Attest: ____________________________ ______________________________ Nathan J. Williams Jill Adams City Attorney City Clerk RESOLUTION 2016-071 PAGE TWO OF TWO

August 30, 2016 MEMORANDUM TO: Honorable Mayor and City Council THRU: Charles P. Potucek, City Manager FROM: David J. Felix, Finance Manager SUBJECT: REQUEST FOR AGENDA ITEM PLACEMENT

RESOLUTION 2016-072, Re-appointment to the Municipal Property Corporation Board of Directors

BACKGROUND: Mr. Dennis Dezelan’s term expires on September 11, 2016 and he has submitted an application for re-appointment. The applicant meets the requirement for both City residency and City voter registration and if re-appointed will serve a three-year term, as dictated by the Municipal Property Corporation Articles of Incorporation.

RESOLUTION 2016-072

A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SIERRA VISTA, COCHISE COUNTY, ARIZONA; REAFFIRMING SETTLED POLICY ON BOARDS AND COMMISSIONS BY RE-APPOINTING DENNIS DEZELAN, SAID TERM TO EXPIRE SEPTEMBER 11, 2019, TO THE SIERRA VISTA MUNICIPAL PROPERTY CORPORATION BOARD OF DIRECTORS; AND AUTHORIZING AND DIRECTING THE CITY MANAGER, CITY CLERK, CITY ATTORNEY OR THEIR DULY AUTHORIZED OFFICERS AND AGENTS TO TAKE ALL STEPS NECESSARY TO CARRY OUT THE PURPOSES AND INTENT OF THIS RESOLUTION.

WHEREAS, the City Council has created a Sierra Vista Municipal Property Corporation; and

WHEREAS, there is one upcoming vacancy on the Municipal Property Corporation Board of Directors; and WHEREAS, it is settled policy of the City Council to fill vacancies on boards and commissions as needed. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SIERRA VISTA, ARIZONA, AS FOLLOWS: SECTION 1 That the City Council reaffirms its settled policy on appointments to boards and commissions. SECTION 2 The City Council hereby re-appoints Dennis Dezelan, said term to expire September 11, 2019, to the Municipal Property Corporation Board of Directors. SECTION 3 The City Manager, City Clerk, City Attorney, or their duly authorized officers and agents, are hereby authorized and directed to take all steps necessary to carry out the purposes and intent of this Resolution. RESOLUTION 2016-072 PAGE ONE OF TWO

PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SIERRA VISTA, ARIZONA, THIS 8th DAY OF SEPTEMBER 2016. ______________________________ FREDERICK W. MUELLER Mayor ATTEST: ______________________________ JILL ADAMS City Clerk APPROVED AS TO FORM: ______________________________ NATHAN J WILLIAMS City Attorney PREPARED BY: DAVID J. FELIX, CPA Finance Manager RESOLUTION 2016-072 PAGE ONE OF TWO

September 1, 2016 MEMORANDUM TO: Honorable Mayor and City Council THRU: Charles P. Potucek, City Manager Mary Jacobs, Assistant City Manager FROM: Lee A. Elaban Leisure Services Administrator SUBJECT: Request for Agenda Item Placement Resolution 2016-073 - Appointment to the Parks and

Recreation Commission

Initiated and Recommended by: The Parks and Recreation Commission. Background The Parks and Recreation Commission has three vacancies. The Parks and Recreation Commission voted unanimously to recommend that Wesley Hewitt and Joy Mims be reappointed to the commission for a two year term and Scott Weiss be reappointed to the commission for a one year term. Budget Appropriations: Not applicable.

RESOLUTION 2016-073 PAGE ONE OF TWO

RESOLUTION 2016-073

A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SIERRA VISTA, COCHISE COUNTY, ARIZONA; REAFFIRMING SETTLED POLICY ON BOARDS AND COMMISSIONS BY THE VACANCIES ON THE PARKS AND RECREATION COMMISSION, AND APPOINTING WESLEY HEWITT AND JOY MIMS ON THE COMMISSION FOR TWO YEAR TERMS AND SCOTT WEISS FOR A ONE YEAR TERM AND AUTHORIZING AND DIRECTING THE CITY MANAGER, CITY CLERK, CITY ATTORNEY OR THEIR DULY AUTHORIZED OFFICERS AND AGENTS TO TAKE ALL STEPS NECESSARY TO CARRY OUT THE PURPOSES AND INTENT OF THIS RESOLUTION.

WHEREAS, City Council has created the Parks and Recreation Commission to advise council on matters relating to parks and recreation issues in the community; and WHEREAS, three vacancies exist on the Parks and Recreation Commission; and WHEREAS, reaffirming City Council policy on filling vacancies when qualified applicants are available. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SIERRA VISTA, ARIZONA, AS FOLLOWS:

SECTION 1 That the City Council reaffirms it’s settled policy, on appointments to boards and commissions. SECTION 2 The City Council hereby reappoints Wesley Hewitt and Joy Mims to the Parks and Recreation Commission for a two year term and Scott Weiss for a one year term. SECTION 3 The City Manager, City Clerk, and City Attorney, or their duly authorized officers and agents, are hereby authorized and directed to take all steps necessary to carry out the purposes and intent of this resolution.

RESOLUTION 2016-073 PAGE TWO OF TWO

PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SIERRA VISTA, ARIZONA, THIS 8th DAY OF SEPTEMBER 2016.

__________________________ Frederick W. Mueller Mayor

Approval as to Form: Attest: ______________________ __________________________ Nathan Williams Jill Adams City Attorney City Clerk Prepared by: Lee A. Elaban, Leisure Services Administrator