Attachment B - August 7, 2026 Mayor and Council Legal Action Report(PDF, 233KB)
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Agenda Switch to Accessible View MAYOR AND COUNCIL – STUDY SESSION **REVISED** LEGAL ACTION REPORT TUESDAY, APRIL 7, 2026 MAYOR AND COUNCIL CHAMBERS CITY HALL, 255 W. ALAMEDA, TUCSON, AZ Mayor Romero called the Study Session to order at 10:10 A.M. in the Mayor and Council Chambers, City Hall Tower, Tucson, Arizona. OFFICIAL MEMBERS PRESENT: Mayor Regina Romero Vice Mayor Lane Santa Cruz (Ward 1) Council Member Paul Cunningham (Ward 2) Council Member Kevin Dahl (Ward 3) Council Member Nikki Lee (Ward 4) Council Member Selina Barajas (Ward 5) Council Member Miranda Schubert (Ward 6) OFFICIAL MEMBERS ABSENT/EXCUSED: None STAFF: Timothy M. Thomure, City Manager (electronic attendance) Roi Lusk, City Attorney Marisa Stoller, City Clerk Home Meetings Contact Summary 4/22/26, 11:30 AM View Meeting - OnBase Agenda Online https://tucsonaz.hylandcloud.com/221agendaonline/Meetings/ViewMeeting?id=1936&doctype=2 1/15 Mayor Romero announced that Timothy M. Thomure, City Manager would be participating electronically through Microsoft TEAMS. AGENDA ITEM / MAYOR AND COUNCIL ACTION 1. Update on Commercial Rainwater Harvesting Ordinance (City Wide) Memorandum: SS/APR07-26-81 Introductory comments were made by Mayor Romero and Council Member Dahl. Information and presentation was made by Brad Lancaster, Author, Educator, Designer, Consultant. Additional comments were made by Koren Manning, Director of Planning and Development Services. It was moved by Council Member Dahl, duly seconded, and CARRIED by a voice vote of 7 to 0, to amend the Commercial Water Harvesting Ordinance based on the feedback provided in the memo -with the exception of expanding to residential (as that is on its own track) and return in 6 months with an update. Additionally, the LAC (Landscape Advisory Committee) is directed to move forward focusing on a plant palette native to the Tucson Basin in parallel with the amended changes. Additionally, we know that the LAC (Landscape Advisory Committee) is working on a revised Landscape list. I further move that we direct the LAC to move forward focusing on a plant pallet native to the Tucson Basin in parallel with the amended changes. (NOTE: Vice Mayor Santa Cruz arrived at 10:11 a.m.) 2. Fiscal Year 2026 (FY26) Budget Update and Fiscal Year 2027 (FY27) Budget Discussion (City Wide) Memorandum: SS/APR07-26-84 Introductory comments were made by Mayor Romero. Information and presentation were provided by Timothy M. Thomure, City Manager, Anna Rosenberry, Chief Financial Officer/Assistant City Manager and Angele Ozoemelam, Business Services Department Director, who fielded and answered questions. It was moved by Council Member Dahl, duly seconded, to take off the table any cutting of services or hours from city pools based on last year’s operations. 4/22/26, 11:30 AM View Meeting - OnBase Agenda Online https://tucsonaz.hylandcloud.com/221agendaonline/Meetings/ViewMeeting?id=1936&doctype=2 2/15 Discussion ensued. The motion was CARRIED by a voice vote of 7 to 0. Discussion ensued, as questions and comments were made by Mayor Romero, Vice Mayor Santa Cruz and Council Member Cunningham. (Note: Council Member Cunningham departed at 11:15 a.m. and returned at 11:17 a.m.) (Note: Council Member Lee departed at 12:12 p.m. and returned at 12:15 p.m.) 4. Executive Session – Whether to Authorize the City Attorney to Raise City of Tucson Claims in Ongoing Antitrust Lawsuits Related to Fire Apparatus Pricing (City Wide) Memorandum: SS/APR07-26-71 It was moved by Vice Mayor Santa Cruz, duly seconded and CARRIED by a voice vote of 7 to 0, to enter into Executive Session as noticed on the Agenda. (This item was taken out of order and considered after Item 2.) 6. Executive Session – Settlement Conference In re Valeant Pharmaceuticals International, Inc. Securities Litigation, United States District Court, District of New Jersey, Case No. 3:15-cv-07658 (City Wide) Memorandum: SS/APR07-26-79 (This item was taken out of order and considered after Item 4.) RECESS: 12:20 p.m. RECONVENED: 1:23 p.m. MAYOR & COUNCIL: All Present STAFF: All present Executive Session was held from 12:20 p.m. to 1:20 p.m. It was moved by Council Member Dahl, duly seconded and CARRIED by a voice vote of 7 to 0, to return to open session. 4/22/26, 11:30 AM View Meeting - OnBase Agenda Online https://tucsonaz.hylandcloud.com/221agendaonline/Meetings/ViewMeeting?id=1936&doctype=2 3/15 5. Direction Regarding Executive Session – Whether to Authorize the City Attorney to Raise City of Tucson Claims in Ongoing Antitrust Lawsuits Related to Fire Apparatus Pricing (City Wide) Memorandum: SS/APR07- 26-72 It was moved by Council Member Lee, duly seconded, and CARRIED by a voice vote of 7 to 0, that the Mayor and Council authorize and direct the City Attorney and the City Manager to proceed as discussed in executive session, to take any actions necessary or desirable to raise Tucson claims in current antitrust litigation related to fire apparatus and/or any such future litigation. (This item was taken out of order and considered after Item 4.) 7. Mayor and Council Direction Relating to Executive Session – Settlement Conference In re Valeant Pharmaceuticals International, Inc. Securities Litigation, United States District Court, District of New Jersey, Case No. 3:15-cv-07658 (City Wide) Memorandum: SS/APR07-26-80 It was moved by Council Member Dahl, duly seconded, and CARRIED by a voice vote of 7 to 0, that the Mayor and Council authorize and direct the City Attorney, through outside counsel, to proceed as discussed in executive session, to settle the remaining claims in In re Valeant Pharmaceuticals International, Inc. Securities Litigation, Case No. 3:15-cv-07658. (This item was taken out of order and considered after Item 4.) 3. Submission of Human Resources Director’s Recommended Compensation Plan for Fiscal Year 2027 (City Wide) Memorandum: SS/APR07-26-87 (This item was taken out of order.) Introductory comments were made by Mayor Romero and Anna Rosenberry, Chief Financial Officer/Assistant City Manager. Information and presentation were made by Teri J. Traaen, Human Resources Director, who fielded and answered questions regarding the recommended Compensation Plan as part of a three-year plan to address in-range placement, base pay progression, and market adjustments. Additional information on the 4900 4/22/26, 11:30 AM View Meeting - OnBase Agenda Online https://tucsonaz.hylandcloud.com/221agendaonline/Meetings/ViewMeeting?id=1936&doctype=2 4/15 Project, base pay calculator and how the performance evaluation system was used to create a workforce database. Additional presentation comments were made by Timothy M. Thomure, City Manager. Discussion ensued, no action was taken. 8. Discussion Regarding Initiation of Rate and Fee Revision Process and Rate and Fee Proposal to be Charged by Parks & Recreation (City Wide and Outside City) Memorandum: SS/APR07-26-83 Introductory comments were made by Mayor Romero and Anna Rosenberry, Chief Financial Officer/Assistant City Manager. Information and presentation were made by Lara Hamwey, Director of Parks and Recreation, who fielded and answered questions. Additional comments and recommendations were made by Mayor Romero, Vice Mayor Santa Cruz, Roi Lusk, City Attorney, Council Members Barajas and Lee. Discussion ensued, no action was taken. (Note: Council Member Lee departed at 2:00 p.m. and returned at 2:12 p.m.) 9. Continued Discussion Regarding the Energy Collaboration and Franchise Agreements with Tucson Electric Power (TEP) (City Wide) Memorandum: SS/APR07-26-88 Introductory comments were made by Mayor Romero and Timothy M. Thomure, City Manager. Information was provided by Fatima Luna, Chief Resilience Officer and Roi Lusk, City Attorney. Discussion ensued, as questions were fielded and answered by Ms. Luna and Mr. Lusk. Additional comments were made by Mayor Romero. 4/22/26, 11:30 AM View Meeting - OnBase Agenda Online https://tucsonaz.hylandcloud.com/221agendaonline/Meetings/ViewMeeting?id=1936&doctype=2 5/15 No formal action was taken. (Note: Vice Mayor Santa Cruz departed at 2:41 p.m. and returned at 2:45 p.m.) 10. Safe City Initiative Update – Traffic Safety and Security, Public Drug Use Enforcement and Pathways to Treatment, and Housing and Homelessness Emergency (City Wide) Memorandum: SS/APR07-26-86 Introductory comments were made by Mayor Romero and Elizabeth Morales, Assistant City Manager. Initial update information and presentation was provided by Monica Prieto, Chief of Police, Andy Bemis, Deputy Director, Department of Transportation and Mobility, Ann Chanecka, Housing and Community Development Department Director, and Elizabeth Morales, Assistant City Manager who fielded and answered questions. Discussion ensued, with additional questions and comments by Mayor Romero and Roi Lusk, City Attorney. Presiding Judge Klotz and Judge Bleau were invited to the podium to discuss the modifications, improvements and effectiveness of the Community Court Program. It was moved by Council Member Lee, duly seconded, to define the metrics and key data points needed to track and identify to track and identify any barriers that are preventing us from tracking that information. Motion was withdrawn by Council Member Lee, duly second to concur with the withdrawment. Discussion ensued, with direction from Council Member Barajas to add a youth representative to the Safe City Task Force Program. No action was taken. (Note: Council Member Cunningham departed at 3:27 p.m. and returned at 3:33 p.m.) 4/22/26, 11:30 AM View Meeting - OnBase Agenda Online https://tucsonaz.hylandcloud.com/221agendaonline/Meetings/ViewMeeting?id=1936&doctype=2 6/15 11. Update on 29th Street Thrive Zone and Call for Projects Funding Approval (Wards 4 and 6) Memorandum: SS/APR07-26-82 Introductory comments were made by Mayor Romero and Elizabeth Morales, Assistant City Manager. Information and presentation were given by Ann Chanecka, Housing and Community Development Department Director, and Ben Olsen, Housing and Community Development Department Planning Administrator, regarding community engagement through resource fairs, legal assistance, localized refugee services and garden education kits. It was moved by Council Member Lee, duly seconded, and CARRIED by a voice vote of 7 to 0, to accept the recommendations as provided. Additional comments were made by Council Member Lee, Schubert and Mayor Romero. 12. Prosperity Initiative Update (City Wide) Memorandum: SS/APR07-26-77 Introductory comments were made by Mayor Romero. It was moved by Council Member Dahl, duly seconded, and CARRIED by a voice vote of 7 to 0, to continue this item due to a lack of time. 13. Update on Unified Development Code Amendment to Establish Regulations for Large-Scale Data Centers (City Wide) Memorandum: SS/APR07-26-78 Introductory comments were made by Mayor Romero and Elizabeth Morales, Assistant City Manager. Information and presentation were provided by Koren Manning, Director of Planning and Development Services, regarding current and proposed regulation standards, the overview and feedback from the community and the public engagement process. Discussion ensued, as questions were fielded and answered by Ms. Manning and Roi Lusk, City Attorney. Additional comments were made by Timothy M. Thomure, City 4/22/26, 11:30 AM View Meeting - OnBase Agenda Online https://tucsonaz.hylandcloud.com/221agendaonline/Meetings/ViewMeeting?id=1936&doctype=2 7/15 Manager. No action taken. (Note: Council Member Schubert departed at 4:10 p.m. and returned at 4:12 p.m.) (Note: Vice Mayor Santa Cruz departed at 4:20 p.m. and returned at 4:26 p.m.) 14. Discussion and Direction Regarding the Renaming of Cesar Chavez to the Dolores Huerta Holiday (City Wide) Memorandum: SS/APR07-26-85 Opening comments were given by Mayor Romero. It was moved by Vice Mayor Santa Cruz, duly seconded, to send the conversation to the Cesar Chavez Holiday Coalition to provide recommendations for Mayor and Council to approve, and to include youth voices as part of the conversation to come up with both the name and date, and to ratify City action on deaccession and move forward with additional renaming/deaccession to ensure that further and future actions are aligned with the Mayor and Council’s policy.. Additional comments were made by Timothy M. Thomure, City Manager, to ensure that further and future actions are aligned with the Mayor and Council’s policy. Discussion ensued; Mayor Romero requested that Mr. Thomure contact the Arizona Department of Transportation regarding changing the Cesar Chavez Bridge with the input from the community. Additional comments were made by Roi Lusk, City Attorney. The motion was CARRIED by a voice vote of 7 to 0. 15. Discussion and Direction Relating to Matters that are Pending in Front of the Pima County Board of Supervisors and Other Regional Jurisdictions (City Wide and Outside City) Memorandum: SS/APR07-26-76 Introductory comments were made by Mayor Romero and Elizabeth Morales, Assistant City Manager. Information was provided by Laura Dent, State and Federal Relations Director and Stephanie Zamora, Assistant to the City Manager, who fielded and answered 4/22/26, 11:30 AM View Meeting - OnBase Agenda Online https://tucsonaz.hylandcloud.com/221agendaonline/Meetings/ViewMeeting?id=1936&doctype=2 8/15 questions. Mayor Romero recognized and thanked Arizona Attorney General Kris Mayes for participating in a Town Hall at the Ward 2 office, to discuss the proposed 14% rate hike for residential utility bills by TEP. Discussion ensued; no action was taken. (Note: Vice Mayor Santa Cruz departed at 4:55 p.m. and returned at 4:56 p.m.) 16. Update on and Direction Relating to State and National Legislation, Executive Orders and Administrative and Agency Orders; and Update on Federal, State and Regional Committees (City Wide and Outside City) Memorandum: SS/APR07-26-73 This item was combined with Item 15. 17. Mayor and Council Discussion of Regular Agenda (City Wide) Memorandum: SS/APR07-26-74 No items were identified. 18. Mayor and Council Discussion of Future Agendas (City Wide) Memorandum: SS/APR07-26-75 No items were identified. ADJOURNMENT: 5:00 p.m. AUDIO RECORDING AVAILABLE UPON REQUEST FROM THE CITY CLERK’S OFFICE FOR TEN YEARS FROM THE DATE OF THIS MEETING. 4/22/26, 11:30 AM View Meeting - OnBase Agenda Online https://tucsonaz.hylandcloud.com/221agendaonline/Meetings/ViewMeeting?id=1936&doctype=2 9/15 Copyright © 2015-2026 Hyland Software, Inc. 4/22/26, 11:30 AM View Meeting - OnBase Agenda Online https://tucsonaz.hylandcloud.com/221agendaonline/Meetings/ViewMeeting?id=1936&doctype=2 10/15 4/22/26, 11:30 AM View Meeting - OnBase Agenda Online https://tucsonaz.hylandcloud.com/221agendaonline/Meetings/ViewMeeting?id=1936&doctype=2 11/15 4/22/26, 11:30 AM View Meeting - OnBase Agenda Online https://tucsonaz.hylandcloud.com/221agendaonline/Meetings/ViewMeeting?id=1936&doctype=2 12/15 4/22/26, 11:30 AM View Meeting - OnBase Agenda Online https://tucsonaz.hylandcloud.com/221agendaonline/Meetings/ViewMeeting?id=1936&doctype=2 13/15 4/22/26, 11:30 AM View Meeting - OnBase Agenda Online https://tucsonaz.hylandcloud.com/221agendaonline/Meetings/ViewMeeting?id=1936&doctype=2 14/15 4/22/26, 11:30 AM View Meeting - OnBase Agenda Online https://tucsonaz.hylandcloud.com/221agendaonline/Meetings/ViewMeeting?id=1936&doctype=2 15/15