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HomeMy WebLinkAboutPackets - Council Packets (1788)         AGENDA ORO VALLEY TOWN COUNCIL REGULAR AND STUDY SESSION APRIL 5, 2023 ORO VALLEY COUNCIL CHAMBERS 11000 N. LA CAÑADA DRIVE The Town has modified its public comment procedures in the newly renovated town council chambers. For more details, please see the instructions for in person and/or virtual speakers at the end of the agenda. To watch and/or listen to the public meeting online, please visit https://www.orovalleyaz.gov/town/departments/town-clerk/meetings-and-agendas Executive Sessions – Upon a vote of the majority of the Town Council, the Council may enter into Executive Sessions pursuant to Arizona Revised Statutes §38-431.03 (A)(3) to obtain legal advice on matters listed on the Agenda.        REGULAR SESSION AT OR AFTER 6:00 PM   CALL TO ORDER   ROLL CALL   PLEDGE OF ALLEGIANCE   UPCOMING MEETING ANNOUNCEMENTS   MAYOR AND COUNCIL REPORTS ON CURRENT EVENTS   TOWN MANAGER'S REPORT ON CURRENT EVENTS   ORDER OF BUSINESS: MAYOR WILL REVIEW THE ORDER OF THE MEETING   INFORMATIONAL ITEMS   CALL TO AUDIENCE – At this time, any member of the public is allowed to address the Mayor and Town Council on any issue not listed on today’s agenda. Pursuant to the Arizona Open Meeting Law, individual Council Members may ask Town Staff to review the matter, ask that the matter be placed on a future agenda, or respond to criticism made by speakers. However, the Mayor and Council may not discuss or take legal action on matters raised during “Call to Audience.” In order to speak during “Call to Audience” please specify what you wish to discuss when completing the blue speaker card.     PRESENTATIONS   1.Proclamation - National Public Safety Telecommunicators Week   CONSENT AGENDA (Consideration and/or possible action)   A.Minutes - March 15, March 16 and March 22, 2023   B.Resolution No. (R)23-11, authorizing and approving the renewal of a communications equipment site lease between New Cingular Wireless PCS, LLC, a Delaware limited liability company and the Town of Oro Valley at 11000 N. La Canada Drive   C.Resolution No. (R)23-12, authorizing and approving a communications site license agreement between Cellco Partnership d/b/a Verizon Wireless and the Town of Oro Valley at 11000 N. La Canada Drive   D.Resolution No. (R)23-13, authorizing and approving the renewal of a communications equipment site lease between Cellco Partnership d/b/a Verizon Wireless and the Town of Oro Valley at 551 W. Lambert Lane   REGULAR AGENDA   FUTURE AGENDA ITEMS (The Council may bring forth general topics for future meeting agendas. Council may not discuss, deliberate or take any action on the topics presented pursuant to ARS 38-431.02H)   ADJOURNMENT OF THE REGULAR SESSION   STUDY SESSION   CALL TO ORDER   STUDY SESSION AGENDA   1.DISCUSSION REGARDING THE DRAFT FY 23/24 - FY 24/25 STRATEGIC PLAN   ADJOURNMENT The Mayor and Council may, at the discretion of the meeting chairperson, discuss any Agenda item.   POSTED: 3/29/23 at 5:00 p.m. by dt POSTED: 3/29/23 at 5:00 p.m. by dt When possible, a packet of agenda materials as listed above is available for public inspection at least 24 hours prior to the Council meeting in the office of the Town Clerk between the hours of 8:00 a.m. – 5:00 p.m. The Town of Oro Valley complies with the Americans with Disabilities Act (ADA). If any person with a disability needs any type of accommodation, please notify the Town Clerk’s Office at least five days prior to the Council meeting at 229-4700. PUBLIC COMMENT ON AGENDA ITEMS The Town has modified its public comment procedures for its public bodies to allow for limited remote/virtual comment via Zoom. The public may provide comments remotely only on items posted as required Public Hearings, provided the speaker registers 24 hours prior to the meeting. For all other items, the public may complete a blue speaker card to be recognized in person by the Mayor, according to all other rules and procedures. Written comments can also be emailed to Town Clerk Michael Standish at mstandish@orovalleyaz.gov for distribution to the Town Council prior to the meeting. Further instructions to speakers are noted below. INSTRUCTIONS TO IN-PERSON SPEAKERS Members of the public shall be allowed to speak on posted public hearings and during Call to Audience when attending the meeting in person. The public may be allowed to speak on other posted items on the agenda at the discretion of the Mayor. If you wish to address the Town Council on any item(s) on this agenda, please complete a blue speaker card located on the Agenda table at the back of the room and give it to the Town Clerk. Please indicate on the blue speaker card which item number and topic you wish to speak on, or, if you wish to speak during Call to Audience, please specify what you wish to discuss. Please step forward to the podium when the Mayor calls on you to address the Council. 1. For the record, please state your name and whether or not you are a Town resident. 2. Speak only on the issue currently being discussed by Council. You will only be allowed to address the Council one time regarding the topic being discussed. 3. Please limit your comments to 3 minutes. 4. During Call to Audience, you may address the Council on any matter that is not on the agenda. 5. Any member of the public speaking must speak in a courteous and respectful manner to those present. INSTRUCTIONS TO VIRTUAL SPEAKERS FOR PUBLIC HEARINGS Members of the public may attend the meeting virtually and request to speak virtually on any agenda item that is listed as a Public Hearing. If you wish to address the Town Council virtually during any listed Public Hearing, please complete the online speaker form by clicking here https://forms.orovalleyaz.gov/forms/bluecard at least 24 hours prior to the start of the meeting. You must provide a valid email address in order to register. Town Staff will email you a link to the Zoom meeting the day of the meeting. After being recognized by the Mayor, staff will unmute your microphone access and you will have 3 minutes to address the Council. Further instructions regarding remote participation will be included in the email. Thank you for your cooperation.    Town Council Regular Session 1. Meeting Date:04/05/2023   Proclamation National Public Safety Telecommunicators Week Subject Proclamation - National Public Safety Telecommunicators Week Summary Attachments Proclamation     Town Council Regular Session A. Meeting Date:04/05/2023   Requested by: Mike Standish Submitted By:Michelle Stine, Town Clerk's Office Department:Town Clerk's Office SUBJECT: Minutes - March 15, March 16 and March 22, 2023 RECOMMENDATION: Staff recommends approval. EXECUTIVE SUMMARY: N/A BACKGROUND OR DETAILED INFORMATION: N/A FISCAL IMPACT: N/A SUGGESTED MOTION: I MOVE to approve (approve with the following changes) the March 15, March 16 and March 22, 2023 minutes.  Attachments 3-15-23 Draft Minutes  3-16-23 Draft Minutes  3-22-23 Draft Minutes  D R A F T   MINUTES ORO VALLEY TOWN COUNCIL REGULAR AND STUDY SESSION MARCH 15, 2023 ORO VALLEY COUNCIL CHAMBERS 11000 N. LA CAÑADA DRIVE            REGULAR SESSION AT OR AFTER 5:00 PM   CALL TO ORDER    Mayor Winfield called the meeting to order at 5:06 p.m.   ROLL CALL Present: Joseph C. Winfield, Mayor Melanie Barrett, Vice-Mayor Tim Bohen, Councilmember Harry Greene, Councilmember Joyce Jones-Ivey, Councilmember Steve Solomon, Councilmember Absent:Josh Nicolson, Councilmember EXECUTIVE SESSION - Pursuant to A.R.S. §38-431.03(A)(1) and (A)(3) Personnel matter - Town Magistrate annual performance review    Motion by Mayor Joseph C. Winfield, seconded by Councilmember Harry Greene to go into Executive Session at 5:07 p.m., pursuant to A.R.S. §38-431.03(A)(1) and (A)(3) Personnel matter - Town Magistrate annual performance review Mayor Winfield announced that the following staff would be joining Council in Executive Session: Town Magistrate James Hazel, Town Attorney Jonathan Rothschild and Town Clerk Mike Standish.  Vote: 6 - 0 Carried   RESUME REGULAR SESSION AT OR AFTER 6:00 PM   CALL TO ORDER    Councilmember Nicolson joined the meeting via Zoom. Mayor Winfield resumed the Regular Session at 6:07 p.m.   3-15-23 Minutes, Oro Valley Town Council Regular and Study Session 1 ROLL CALL    Present: Joseph C. Winfield, Mayor Melanie Barrett, Vice-Mayor Tim Bohen, Councilmember Harry Greene, Councilmember Joyce Jones-Ivey, Councilmember Josh Nicolson, Councilmember Steve Solomon, Councilmember   1.RESOLUTION NO. (R)23-10, REAPPOINTING THE TOWN MAGISTRATE AND AUTHORIZING AND APPROVING AN EMPLOYMENT AGREEMENT       Motion by Vice-Mayor Melanie Barrett, seconded by Councilmember Harry Greene to proceed as directed in Executive Session.  Vote: 7 - 0 Carried   PLEDGE OF ALLEGIANCE    Mayor Winfield led the audience in the Pledge of Allegiance.   UPCOMING MEETING ANNOUNCEMENTS    Town Clerk Mike Standish announced the upcoming Town meetings.   MAYOR AND COUNCIL REPORTS ON CURRENT EVENTS    Councilmember Jones-Ivey recognized Jaden Wu, a junior at Basis Oro Valley High School, for his academic excellence, athletic accomplishments, and community support. Councilmember Greene provided an update regarding the Oro Valley Stormwater Utility Commission's recent meeting where they discussed different fee scenarios. Mayor Winfield reported that he had attended the Oro Valley Parks and Recreation Youth Nature Camp, held at Catalina State Park. Mayor Winfield complemented town staff for their rapport with the young camp attendees.   TOWN MANAGER'S REPORT ON CURRENT EVENTS    Interim Town Manager, Chris Cornelison, recognized Public Works Director and Town Engineer Paul Keesler, and his staff, for their work with stakeholders regarding the construction on La Canada and Tangerine Road. Mr. Cornelison also reported that the Oro Valley Aquatic Center had been voted as the Best Aquatic Center, for the Best of the Northwest 2023 Reader Recommendation awards, presented by Tucson Local Media.   ORDER OF BUSINESS    Mayor Winfield reviewed the order of business and stated the order would stand as posted. 3-15-23 Minutes, Oro Valley Town Council Regular and Study Session 2   INFORMATIONAL ITEMS    There were no informational items.   CALL TO AUDIENCE    Oro Valley resident Tim Tarris voiced his concerns regarding the proposed Oro Valley Church of the Nazarene rezoning request. Oro Valley resident Ann Young voiced her concerns regarding the proposed Oro Valley Church of the Nazarene rezoning request. Oro Valley resident David Deivert voiced his concerns regarding the proposed Oro Valley Church of the Nazarene rezoning request. Oro Valley resident Doug Dalby voiced his concerns regarding the proposed Oro Valley Church of the Nazarene rezoning request. Oro Valley resident Anthony Farrara voiced his concerns regarding the proposed Oro Valley Church of the Nazarene rezoning request. Oro Valley resident Karen Steinbronn voiced her concerns regarding the proposed Oro Valley Church of the Nazarene rezoning request. Oro Valley resident Tony D'Angelo spoke regarding the Friends of Push Ridge Golf and the Push Ridge Golf Course.   PRESENTATIONS    There were no presentation items.   CONSENT AGENDA   A.Minutes - March 1, 2023      B.Appointment to the Planning and Zoning Commission (PZC)     C.Resolution No. (R)23-08, approving an agreement between the Arizona State Parks Board and the Town of Oro Valley for a Heritage Fund Historic Preservation Grant in the amount of $14,349.60 in support of the installation of an HVAC unit at the historic Steam Pump Ranch       Motion by Mayor Joseph C. Winfield, seconded by Councilmember Steve Solomon to approve Consent items (A) through (C).  Vote: 7 - 0 Carried   REGULAR AGENDA   2.PUBLIC HEARING: DISCUSSION AND POSSIBLE ACTION ON THREE ITEMS RELATED TO A    3-15-23 Minutes, Oro Valley Town Council Regular and Study Session 3 2.PUBLIC HEARING: DISCUSSION AND POSSIBLE ACTION ON THREE ITEMS RELATED TO A PROPOSED OFFICE AND DRIVE-THRU DEVELOPMENT LOCATED ON THE NORTHWEST CORNER OF NARANJA AND LA CAÑADA DRIVE. THE ITEMS INCLUDE: ITEM A: AMENDMENT OF A 2006 GRADING EXCEPTION CONDITION ITEM B: CONCEPTUAL SITE AND LANDSCAPE PLANS ITEM C: CONCEPTUAL ARCHITECTURE.       Oro Valley Principal Planner, Michael Spaeth, presented item #2 and included the following: Purpose Location Map History and Background Item A: Amendment of Grading Exception Condition Grading Waiver Concept Plan vs. Applicant's New Plan Item A: Amendment of Grading Exception Condition Item B: Conceptual Site Plan and Landscape Plan Item B: Conceptual Site Plan and Landscape Plans - Compatibility Item C: Architecture Review Criteria Public Participation Planning and Zoning Commission and Town Council action Summary Mr. Paul Oland of Paradigm Land Designs LLC., and representing the property owner, continued the presentation and provided a brief overview of the proposed development. Mayor Winfield opened the public hearing. No comments were received. Mayor Winfield closed the public hearing. Discussion ensued amongst Council and staff regarding item #2.    Motion by Councilmember Tim Bohen, seconded by Vice-Mayor Melanie Barrett to continue the item based upon the amount of concerns regarding traffic that had been raised at this meeting. Discussion continued amongst council and staff regarding item number #2.    Motion by Councilmember Tim Bohen, seconded by Vice-Mayor Melanie Barrett to continue the item based upon the amount of concerns regarding traffic that had been raised at this meeting.  Vote: 6 - 0 Carried   3.PRESENTATION, DISCUSSION AND POSSIBLE ACTION REGARDING THE 2026 GENERAL PLAN COMMUNITY ENGAGEMENT STRATEGY       Principal Planner Milini Simms presented item #3 and included the following: Purpose of the Community Engagement Strategy for the General Plan Voter Ratification Beyond the vote - Importance of Community Input Community Engagement Plan Plan is Unique - Created by a Resident Advisory Group Plan is Unique - Built on Resident Input 3-15-23 Minutes, Oro Valley Town Council Regular and Study Session 4 Ms. Simms introduced Jan Gordley of the Gordley Group. Ms. Gordley continued the presentation and provided a brief overview of the Gordley Group and their previous projects. Ms. Gordley also provided an overview of the Gordley Groups role in the current 2026 General Plan Community Engagement Strategy. Ms. Simms continued the presentation and included the following: Guiding Principles Key Stakeholders Communication Methods and Tools Strategy for Community Engagement Previous Effort vs. Proposed Estimates Next steps in the General Plan process Summary and recommendation The following individual spoke in support of item #3 Oro Valley resident Tanish Doshi Discussion ensued amongst Council and staff regarding item #3.    Motion by Mayor Joseph C. Winfield, seconded by Councilmember Harry Greene to approve the Community Engagement Plan for the 2026 General Plan effort.  Vote: 6 - 0 Carried  Other: Vice-Mayor Melanie Barrett (ABSTAINING)    Mayor Winfield recessed the meeting at 8:31 p.m. Mayor Winfield reconvened the meeting at 8:47 p.m.   4.RESOLUTION NO. (R)23-09, DISCUSSION AND POSSIBLE ACTION TO ADOPT PROPOSED AMENDMENTS TO THE PARLIAMENTARY RULES & PROCEDURES AND CODE OF CONDUCT       Town Attorney, Jonathan Rothschild, presented item #4 and gave an overview of the proposed changes to the towns' Parliamentary Rules & Procedures and Code of Conduct. Discussion ensued amongst Council and staff regarding item #4.    Motion by Mayor Joseph C. Winfield, seconded by Councilmember Steve Solomon to approve Resolution No. (R)23-09, adopting the proposed amendments to the Parliamentary Rules & Procedures and Code of Conduct including the direction received this evening. Discussion ensued amongst Council and staff regarding item #4. Mayor Winfield withdrew his motion. Seconded by Councilmember Solomon. Vice Mayor Barrett suggested that this item come back to Council on a future Consent agenda, when it is ready.   FUTURE AGENDA ITEMS   3-15-23 Minutes, Oro Valley Town Council Regular and Study Session 5  No future agenda items were requested.   ADJOURNMENT OF THE REGULAR SESSION    Motion by Mayor Joseph C. Winfield, seconded by Councilmember Steve Solomon to adjourn the Regular Session at 9:11 p.m.  Vote: 7 - 0 Carried   STUDY SESSION   CALL TO ORDER    Mayor Winfield called the Study Session to order at 9:12 p.m.   STUDY SESSION AGENDA   1.PRESENTATION AND POSSIBLE DISCUSSION OF THE VISTOSO TRAILS NATURE PRESERVE DRAFT MASTER PLAN       Oro Valley Parks and Recreation Director, Kristy Diaz-Trahan, presented Study Session item #1 and provided a brief overview of the Vistoso Trails Nature Preserve Draft Maser Plan. Ms. Diaz-Trahan introduced Ms. Liz Cole, Project Manager from Sites Southwest. Ms. Cole continued the presentation and included the following: Master Plan Goals Programming Suggestions Summary Educational Recommendations Interpretive Summary Existing Conditions Existing Conditions - ADA Assessment Proposed Trail Plan Diagram - Option A Existing & Proposed Trail Sections - Option A Proposed Trail Plan Diagram - Option B Existing & Proposed Trail Sections - Option B Proposed Trail Plan Diagram - Option C Driving Range Node Pond Node - Option A Pond Node - Option B Pond Node - Option C Pond & Driving Range Nodes Benefits Matrix Revegetation/Land Management Process Phasing Recommendations Next Steps Discussion ensued amongst Council and staff regarding Study Session item #1. The following individual spoke in support of item #1 Oro Valley resident Linette Mock The following individual spoke in opposition of item #1. 3-15-23 Minutes, Oro Valley Town Council Regular and Study Session 6 Oro Valley resident Judi Davis The following individuals spoke on item #1. Oro Valley resident Marlene Skibbe Oro Valley resident Cindy Barge Discussion ensued amongst Council, staff, and Ms. Cole regarding Study Session item #1. Council provided feedback to staff regarding the Vistoso Trails Nature Preserve Draft Master Plan.   2.PRESENTATION AND POSSIBLE DISCUSSION REGARDING THE TOWN'S CAPITAL IMPROVEMENT PROGRAM       Interim Town Manager, Chris Cornelison, provided a brief overview of Study Session item #2 and introduced Management Analyst, Karl Shaddock, who presented the item and included the following: Overview Capital Fund Tentative Capital Fund Forecast Capital Fund FY 23/24 Discussion ensued amongst Council and staff regarding Study Session item #2.   ADJOURNMENT    Mayor Winfield adjourned the Study Session at 11:34 p.m.     ________________________________________ Michelle Stine, MMC Deputy Town Clerk I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular and study session of the Town of Oro Valley Council of Oro Valley, Arizona held on the 15th day of March 2023. I further certify that the meeting was duly called and held and that a quorum was present. ________________________________________ Michael Standish, CMC Town Clerk 3-15-23 Minutes, Oro Valley Town Council Regular and Study Session 7 D R A F T   MINUTES ORO VALLEY TOWN COUNCIL SPECIAL SESSION MARCH 16, 2023 ORO VALLEY COUNCIL CHAMBERS 11000 N. LA CAÑADA DRIVE            Executive Sessions - Upon a vote of the majority of the Town Council, the Council may enter into Executive Sessions pursuant to Arizona Revised Statutes 38-431.03 (A)(3) to obtain legal advice on matters listed on the Agenda.   SPECIAL SESSION AT OR AFTER 6:00 PM   CALL TO ORDER    Mayor Winfield called the meeting to order at 6:01 p.m.   ROLL CALL Present: Joseph C. Winfield, Mayor Melanie Barrett, Vice-Mayor Tim Bohen, Councilmember Harry Greene, Councilmember Josh Nicolson, Councilmember Steve Solomon, Councilmember Absent:Joyce Jones-Ivey, Councilmember SPECIAL SESSION AGENDA   1.DISCUSSION AND POSSIBLE DIRECTION REGARDING THE TOWN MANAGER RECRUITMENT AND PROCESS       Ms. Heather Renschler, of Ralph Andersen & Associates, presented item #1 and gave an overview of the Town Manager recruitment and process. Discussion ensued amongst Council, staff and Ms. Renschler regarding the Town Manager recruitment and process. Council directed Ms. Renschler and staff to structure three interview panels. One panel would consist of residents, one of staff and one of Councilmembers. Council also requested that plans for community tours with the candidates be made. Councilmember Jones-Ivey joined the meeting at 6:42 p.m.   3/16/23 Minutes, Town Council Special Session 1 EXECUTIVE SESSION - Pursuant to ARS 38-431.03(A)(1) for personnel matters to review potential Town Manager candidates    Motion by Mayor Joseph C. Winfield, seconded by Councilmember Harry Greene to go into Executive Session at 6:54 p.m., Pursuant to ARS 38-431.03(A)(1) for personnel matters to review potential Town Manager candidates. Mayor Winfield announced that the following staff and consultant would be joining Council in Executive Session: Search Consultant from Ralph Andersen & Associates Heather Renschler, Town Attorney Jonathan Rothschild, Town Clerk Mike Standish and, if necessary, the Human Resources Director Andy Votava and the Legal Services Director Tobin Sidles.  Vote: 7 - 0 Carried   RESUME SPECIAL SESSION    Vice-Mayor Barrett and Councilmember Jones-Ivey left the meeting at 7:49 p.m.   2.APPROVAL OF ANY DIRECTION TO THE TOWN ATTORNEY, CONSULTANT, AND/OR NECESSARY STAFF AS DISCUSSED IN EXECUTIVE SESSION PERTAINING TO THE TOWN MANAGER SEARCH    No discussion or action was taken on this item.   ADJOURNMENT    Motion by Mayor Joseph C. Winfield, seconded by Councilmember Tim Bohen to adjourn the meeting at 7:50 p.m.  Vote: 5 - 0 Carried    Absent:  Vice Mayor Melanie Barret Councilmember Joyce Jones-Ivey     _____________________________________________ Michelle Stine, MMC Deputy Town Clerk I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the special session of the Town of Oro Valley Council of Oro Valley, Arizona held on the 16th day of March 2023. I further certify that the meeting was duly called and held and that a quorum was present. _____________________________________________ Michael Standish, CMC Town Clerk 3/16/23 Minutes, Town Council Special Session 2   MINUTES ORO VALLEY TOWN COUNCIL SPECIAL SESSION MARCH 22, 2023 ORO VALLEY COUNCIL CHAMBERS 11000 N. LA CAÑADA DRIVE Executive Sessions - Upon a vote of the majority of the Town Council, the Council may enter into Executive Sessions pursuant to Arizona Revised Statutes 38-431.03 (A)(3) to obtain legal advice on matters listed on the Agenda. SPECIAL SESSION AT OR AFTER 6:00 PM CALL TO ORDER Mayor Winfield called the meeting to order at 6:00 p.m. ROLL CALL Present: Joseph C. Winfield, Mayor Melanie Barrett, Vice-Mayor Tim Bohen, Councilmember Joyce Jones-Ivey, Councilmember Josh Nicolson, Councilmember Steve Solomon, Councilmember Absent:Harry Greene, Councilmember EXECUTIVE SESSION - Pursuant to ARS 38-431.03(A)(1) for personnel matters to discuss, review, and affirm Town Manager candidates to interview Motion by Mayor Joseph C. Winfield, seconded by Vice-Mayor Melanie Barrett to go into Executive Session at 6:02 p.m., pursuant to ARS 38-431.03(A)(1) for personnel matters to discuss, review, and affirm Town Manager candidates to interview. Mayor Winfield announced that the following staff and consultant would be joining Council in Executive Session: Search Consultant from Ralph Andersen & Associates Heather Renschler, Town Attorney Jonathan Rothschild, Town Clerk Mike Standish and the Human Resources Director Andy Votava. Vote: 6 - 0 Carried Councilmember Greene joined the meeting via Zoom. DRAFT          SPECIAL SESSION AGENDA    Councilmember Greene left the meeting at 8:23 p.m. Mayor Winfield resumed the Special Session at 8:24 p.m.   1.APPROVAL OF ANY DIRECTION TO THE TOWN ATTORNEY, CONSULTANT, AND/OR NECESSARY STAFF AS DISCUSSED IN EXECUTIVE SESSION PERTAINING TO THE TOWN MANAGER SEARCH    Motion by Vice-Mayor Melanie Barrett, seconded by Councilmember Josh Nicolson to proceed as directed in Executive Session.  Vote: 6 - 0 Carried   ADJOURNMENT    Motion by Mayor Joseph C. Winfield, seconded by Councilmember Tim Bohen to adjourn the meeting at 8:25 p.m.  Vote: 6 - 0 Carried     ______________________________________________ Michelle Stine, MMC Deputy Town Clerk I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the special session of the Town of Oro Valley Council of Oro Valley, Arizona held on the 22nd day of March 2023. I further certify that the meeting was duly called and held and that a quorum was present. _____________________________________________ Michael Standish, CMC Town Clerk    Town Council Regular Session B. Meeting Date:04/05/2023   Requested by: Cherie Odeski Submitted By:Cherie Odeski, Town Manager's Office Department:Town Manager's Office SUBJECT: Resolution No. (R)23-11, authorizing and approving the renewal of a communications equipment site lease between New Cingular Wireless PCS, LLC, a Delaware limited liability company and the Town of Oro Valley at 11000 N. La Canada Drive RECOMMENDATION: Staff recommends approval. EXECUTIVE SUMMARY: On May 2, 2012, the Town approved Resolution No. (R)12-21, approving the Communications Site Lease Agreement between the Town of Oro Valley and New Cingular Wireless PCS, LLC. The parties amended the lease to continue its current location and the revenues that the Town receives. BACKGROUND OR DETAILED INFORMATION: The attached proposed lease will allow the Town to continue to receive revenue and limit any disruption in other areas of the community. FISCAL IMPACT: The revenue collected will be $2,050 per month or a total of $24,600 next fiscal year. SUGGESTED MOTION: I MOVE to (approve/deny) Resolution No. (R)23-11, authorizing the Amendment to the existing Cingulair telecommunications facility and Second Amendment to the Communications Site Lease Agreement. Attachments (R)23-11 Cingular Resolution  Cingular Lease  RESOLUTION NO. (R)23-11 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, AUTHORIZING AND APPROVING THE FIRST AMENDMENT TO THE COMMUNICATIONS SITE LEASE AGREEMENT BETWEEN THE TOWN OF ORO VALLEY AND NEW CINGULAR WIRELESS PCS, LLC FOR A COMMUNICATIONS FACILITY AND THE MEMORANDUM OF FIRST AMENDMENT TO THE LEASE WHEREAS, on May 5, 2010, the Town approved Resolution No. (R) 10-24, approving an Intergovernmental Agreement for joint use of facility space between the Town and Pima County; and WHEREAS, on May 2, 2012, the Town approved Resolution No. (R) 12-21, approving the Communications Site Lease Agreement between the Town of Oro Valley and New Cingular Wireless PCS, LLC; and WHEREAS, on May 16, 2018, the Town approved Resolution No. (R) 18-18, approving the First Amendment to the Communications Site Lease Agreement; and WHEREAS, the Second Amendment to the Communications Site Lease Agreement is necessary to extend the term of the lease, adjust the rent under the lease, clarify the scope of Cingular Wireless PCS, LLC’s permitted use of the Premises, and modify the notice section of the lease; and WHEREAS, it is in the best interest of the health, safety and well being of the residents of the Town of Oro Valley to authorize and approve the Second Amendment to the Communications Site Lease Agreement with Cingular Wireless PCS, LLC. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Oro Valley, that: SECTION 1. The Second Amendment to the Communications Site Lease Agreement between the Town of Oro Valley and New Cingular Wireless PCS, LLC, attached hereto as Exhibit “A” and incorporated herein by this reference, to modify the rent and extend the term of the lease is hereby approved. SECTION 2. The Mayor and other administrative officials of the Town of Oro Valley are hereby authorized to take such steps as necessary to execute and implement the terms of the Agreement. SECTION 3. the Town Manager, Town Clerk, Town Legal Services Director, 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. SECTION 4. All Oro Valley resolutions or motions and parts of resolutions or motions of the Council in conflict with the provision of this Resolution are hereby repealed. SECTION 5. If any section, subsection, sentence, clause, phrase or portion of this Resolution or the Agreement, attached hereto as Exhibit “A” is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona, this 5th day of April, 2023. TOWN OF ORO VALLEY Joseph C. Winfield, Mayor ATTEST: APPROVED AS TO FORM: Michael Standish, Town Clerk Tobin Sidles, Legal Services Director Date: Date: EXHIBIT “A”    Town Council Regular Session C. Meeting Date:04/05/2023   Requested by: Cherie Odeski Submitted By:Cherie Odeski, Town Manager's Office Department:Town Manager's Office SUBJECT: Resolution No. (R)23-12, authorizing and approving a communications site license agreement between Cellco Partnership d/b/a Verizon Wireless and the Town of Oro Valley at 11000 N. La Canada Drive RECOMMENDATION: Staff recommends approval. EXECUTIVE SUMMARY: Cellco Partnership d/b/a Verizon Wireless desires to facilitate the placement of wireless communications facilities within the boundaries of the Town to enable communications companies to provide reliable wireless communications services to the Town residents. The Town negotiated a Communications Site License Agreement to construct, install, maintain, improve and operate a communication facility located at 11000 N. La Canada, Oro Valley Arizona 85737. BACKGROUND OR DETAILED INFORMATION: Cellco Partnership d/b/a Verizon Wireless desires to facilitate the placement of wireless communications facilities within the boundaries of the Town to enable communications companies to provide reliable wireless communications services to the Town residents. The Town negotiated a Communications Site License Agreement to construct, install, maintain, improve and operate a communication facility located at 11000 N. La Canada, Oro Valley Arizona 85737. FISCAL IMPACT: The annual license fee will be $24,000 with a 2% escalator each year during the term of the license agreement. SUGGESTED MOTION: I MOVE to (approve or deny) Resolution No. (R)23-12, approving the communication site lease agreement and the Memorandum of Communication Site License between Cellco Partnership d/b/a Verizon Wireless and the Town of Oro Valley at 11000 N. La Canada Drive. Attachments (R)23-12 Resolution Cellco-Verizon  Verizon Site License  Verizon Memorandum of License  RESOLUTION NO. (R)23-12 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, AUTHORIZING AND APPROVING A COMMUNICATIONS SITE LICENSE AGREEMENT BETWEEN THE TOWN OF ORO VALLEY AND CELLCO PARTNERSHIP D/B/A VERIZON WIRELESS FOR A COMMUNICATIONS FACILITY WHEREAS, the Town of Oro Valley is a political subdivision of the State of Arizona vested with all associated rights, privileges and benefits and is entitled to the immunities and exemptions granted municipalities and political subdivisions under the Constitution and laws of the State of Arizona and the United States; and WHEREAS, the Town desires to facilitate the placement of wireless communications facilities within the boundaries of the Town to enable communications companies to provide reliable wireless communications services to Town residents; and WHEREAS, the Town negotiated a Communications Site License Agreement with Cellco Partnership d/b/a Verizon Wireless to construct, install, maintain, improve and operate a communication facility; and WHEREAS, it is in the best interest of the health, safety and well being of the residents of the Town of Oro Valley to enter into the Communications Site License Agreement with Cellco Partnership d/b/a Verizon Wireless for a communications facility. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Oro Valley, that: SECTION 1. The Communications Site License Agreement between the Town of Oro Valley and Cellco Partnership d/b/a Verizon Wireless, attached hereto as Exhibit “A” and incorporated herein by this reference, is hereby approved. SECTION 2. The Mayor and other administrative officials of the Town of Oro Valley are hereby authorized to take such steps as necessary to execute and implement the terms of the Agreement. SECTION 3. the Town Manager, Town Clerk, Town Legal Services Director, 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. SECTION 4. All Oro Valley resolutions or motions and parts of resolutions or motions of the Council in conflict with the provision of this Resolution are hereby repealed. SECTION 5. If any section, subsection, sentence, clause, phrase or portion of this Resolution or the Agreement, attached hereto as Exhibit “A” is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona, this 5th day of April, 2023. TOWN OF ORO VALLEY Joseph C. Winfield, Mayor ATTEST: APPROVED AS TO FORM: Michael Standish, Town Clerk Tobin Sidles, Legal Services Director Date: Date: EXHIBIT “A”    Town Council Regular Session D. Meeting Date:04/05/2023   Requested by: Cherie Odeski Submitted By:Cherie Odeski, Town Manager's Office Department:Town Manager's Office SUBJECT: Resolution No. (R)23-13, authorizing and approving the renewal of a communications equipment site lease between Cellco Partnership d/b/a Verizon Wireless and the Town of Oro Valley at 551 W. Lambert Lane RECOMMENDATION: Staff recommends approval. EXECUTIVE SUMMARY: On May 21, 2003, the Town approved Resolution No. (R) 03-39, entering into a Communications Site Lease Agreement with Alltel Communications for the site located at 551 W. Lambert Ln., Oro Valley, AZ 85737; and in 2008, Verizon Communications, Inc. purchased Alltel’s assets, including their interest in the Communications Site Lease Agreement. On May 6, 2015, the Town approved Resolution No. (R)15-34 allowing Verizon Communications, Inc. to sublease the site located at 551 W. Lambert Ln., Oro Valley, AZ 85737 to American Tower Corporation and subsequently lease back a portion of the site. The parties to the Communications Site Lease Agreement desire to amend the agreement as shown in the First Amendment to the Communications Site Lease Agreement, attached hereto as Exhibit “A.” BACKGROUND OR DETAILED INFORMATION: On May 21, 2003, the Town approved Resolution No. (R) 03-39, entering a Communications Site Lease Agreement with Alltel Communications for the site located at 551 W. Lambert Ln., Oro Valley, AZ 85737; and in 2008 Verizon Communications, Inc., purchased Alltel’s assets, including their interest in the Communications Site Lease Agreement.  On May 6, 2015, the Town approved Resolution No. (R) 15-34 allowing Verizon Communications, Inc., to sublease the site located at 551 W. Lambert Ln., Oro Valley, AZ 85737 to American Tower Corporation and subsequently lease back a portion of the site.   FISCAL IMPACT: The current rate and lease amount is $2,343.75 per month, which will increase to $2,929.69 for the new term of the agreement, continuing to increase by 25% at the beginning of each New Renewal Term. SUGGESTED MOTION: I MOVE to (approve/deny) Resolution No. (R)23-13, authorizing the Amendment to the existing communications site lease Agreement and associated Memorandum of Lease. Attachments (R)23-13 Resolution Verizon  Verizon Amendment 1  RESOLUTION NO. (R)23-13 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, AUTHORIZING AND APPROVING THE FIRST AMENDMENT TO THE COMMUNICATIONS SITE LEASE AGREEMENT BETWEEN THE TOWN OF ORO VALLEY AND CELLCO PARTNERSIP D/B/A VERIZON WIRELESS FOR A COMMUNICATIONS FACILITY AND THE MEMORANDUM OF FIRST AMENDMENT TO THE LEASE WHEREAS, on May 21, 2003, the Town approved Resolution No. (R) 03-39, entering a Communications Site Lease Agreement with Alltel Communications for the site located at 551 W. Lambert Ln., Oro Valley, AZ 85737; and WHEREAS, in 2008 Verizon Communications, Inc., purchased Alltel’s assets, including their interest in the Communications Site Lease Agreement; and WHEREAS, on May 6, 2015, the Town approved Resolution No. (R) 15-34 allowing Verizon Communications, Inc., to sublease the site located at 551 W. Lambert Ln., Oro Valley, AZ 85737 to American Tower Corporation and subsequently lease back a portion of the site; and WHEREAS, the parties to the Communications Site Lease Agreement desire to amend the agreement as shown in the First Amendment to the Communications Site Lease Agreement attached hereto as Exhibit “A”; and WHEREAS, it is in the best interest of the Town of Oro Valley to authorize and approve the First Amendment to the Communications Site Lease Agreement with Cellco Partnership d/b/a Verizon Wireless. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Oro Valley, that: SECTION 1. The First Amendment to the Communications Site Lease Agreement between the Town of Oro Valley and Cellco Partnership d/b/a Verizon Wireless, attached hereto as Exhibit “A” and incorporated herein by this reference, is hereby approved. SECTION 2. The Mayor and other administrative officials of the Town of Oro Valley are hereby authorized to take such steps as necessary to execute and implement the terms of the Agreement. SECTION 3. the Town Manager, Town Clerk, Town Legal Services Director, 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. SECTION 4. All Oro Valley resolutions or motions and parts of resolutions or motions of the Council in conflict with the provision of this Resolution are hereby repealed. SECTION 5. If any section, subsection, sentence, clause, phrase or portion of this Resolution or the First Amendment to the Communications Site Lease Agreement, attached hereto as Exhibit “A” is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona, this 5th day of April, 2023. TOWN OF ORO VALLEY Joseph C. Winfield, Mayor ATTEST: APPROVED AS TO FORM: Michael Standish, Town Clerk Tobin Sidles, Legal Services Director Date: Date: EXHIBIT “A” ATC Site No: 418754 VZW Site No: 212974 Site Name: La Canada & Lambert AZ THE FIRST AMENDMENT TO LEASE AGREEMENT This First Amendment to Communications Site Lease Agreement (this “Amendment”) is made effective as of the latter signature date hereof (the “Effective Date”) by and between Town of Oro Valley AZ (“Landlord”) and Cellco Partnership d/b/a Verizon Wireless (“Tenant”) (Landlord and Tenant being collectively referred to herein as the “Parties”). RECITALS WHEREAS, Landlord owns the real property described on Exhibit A attached hereto and by this reference made a part hereof (the “Parent Parcel”); and WHEREAS, Landlord (or its predecessor-in-interest) and Tenant (or its predecessor-in-interest) entered into that certain Communications Site Lease Agreement Dated July 1, 2003 (as the same may have been amended, collectively, the “Lease”), pursuant to which the Tenant leases a portion of the Parent Parcel and is the beneficiary of certain easements for access and public utilities, all as more particularly described in the Lease (such portion of the Parent Parcel so leased along with such portion of the Parent Parcel so affected, collectively, the “Leased Premises”), which Leased Premises are also described on Exhibit A; and WHEREAS, Tenant, Verizon Communications Inc., a Delaware corporation, and other parties identified therein, entered into a Management Agreement and a Master Prepaid Lease, both with an effective date of March 27, 2015 and both with ATC Sequoia LLC, a Delaware limited liability company (“American Tower”), pursuant to which American Tower subleases, manages, operates and maintains, as applicable, the Leased Premises, all as more particularly described therein; and WHEREAS, Tenant has granted American Tower a limited power of attorney (the “POA”) to, among other things, prepare, negotiate, execute, deliver, record and/or file certain documents on behalf of Tenant, all as more particularly set forth in the POA; and WHEREAS, Landlord and Tenant desire to amend the terms of the Lease to extend the term thereof and to otherwise modify the Lease as expressly provided herein. NOW THEREFORE, in consideration of the foregoing recitals and the mutual covenants set forth herein and other good and valuable consideration, the receipt, adequacy, and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows: 1. Lease Term Extended. Notwithstanding anything to the contrary contained in the Lease, the Parties agree that the Lease, without giving effect to this Amendment and assuming the exercise by Tenant of all remaining renewal terms in the Lease, has a final expiration date of June 30, 2023 (the “Current Expiration Date”). Tenant shall have the option to extend the Lease for each of two (2) additional five (5) year renewal terms (each a “New Renewal Term” and, collectively, the “New Renewal Terms”). The first New Renewal Term shall commence on the day immediately following the Current Expiration Date, and all existing renewal terms and New Renewal Terms shall automatically renew unless Tenant notifies Landlord that Tenant elects not to renew the Lease not less than ninety (90) days prior to the expiration of the then current term. 2. Rent and Escalation. The Parties agree and acknowledge that the current rent payable from Tenant to Landlord under the Lease is Two Thousand Three Hundred Forty-Three and 75/100 Dollars ($2,343.75) per month (The “Rent”). The Parties hereby acknowledge and agree that all applicable increases and escalations to the Rent under the Lease shall continue in full force and effect through the New Renewal Term. 3. Notices. The Parties acknowledge and agree that Section 18 of the Lease is hereby deleted in its entirety and is of no further force and effect. From and after the Effective Date the notice address and ATC Site No: 418754 VZW Site No: 212974 Site Name: La Canada & Lambert AZ requirements of the Lease, as modified by this Amendment, shall be controlled by this Section of this Amendment. All notices must be in writing and shall be valid upon receipt when delivered by hand, by nationally recognized courier service, or by First Class United States Mail, certified, return receipt requested to the addresses set forth herein: to Landlord at: 11000 N. La Canada Drive, Oro Valley, Arizona 85737; to Tenant at: Verizon Wireless, Attn.: Network Real Estate, 180 Washington Valley Road, Bedminster, NJ 07921; with copy to: American Tower, Attn.: Land Management, 10 Presidential Way, Woburn, MA 01801; and also with copy to: Attn.: Legal Dept. 116 Huntington Avenue, Boston, MA 02116. Any of the Parties, by thirty (30) days prior written notice to the others in the manner provided herein, may designate one or more different notice addresses from those set forth above. Refusal to accept delivery of any notice or the inability to deliver any notice because of a changed address for which no notice was given as required herein, shall be deemed to be receipt of any such notice. 4. Limited Right of First Refusal. The Parties acknowledge and agree that Section 25 of the Lease is hereby deleted in its entirety and is of no further force and effect. From and after the Effective Date the obligations of the Parties with respect to Tenant’s right of first refusal shall be controlled by this Section of this Amendment. If at any time during the term of the Lease as amended herein, Landlord either: (i) accepts an offer, or (ii) desires to offer, to sell, transfer, grant or convey and/or lease to a third party by deed, easement, lease, license or other legal instrument, an interest in and to, or the right to use or occupy, in any real property of which the Leased Premises is a part, for the purpose of operating and maintaining communications facilities or the management thereof, with or without an assignment of the Lease to such third party, Tenant shall have the right of first refusal to meet any such bona fide offer of transfer, grant, conveyance and/or lease on the same terms and conditions. If Tenant fails to meet such bona fide offer within forty-five (45) days after written notice thereof from Landlord, Landlord may sell, transfer, grant or convey the deed, easement, lease or other interest in such real property to such third party in accordance with the terms and conditions of such third party offer. 5. Conflict/Capitalized Terms. The Parties hereby acknowledge and agree that in the event of a conflict between the terms and provisions of this Amendment and those contained in the Lease, the terms and provisions of this Amendment shall control. Except as otherwise defined or expressly provided in this Amendment, all capitalized terms used in this Amendment shall have the meanings or definitions ascribed to them in the Lease. To the extent of any inconsistency in or conflict between the meaning, definition, or usage of any capitalized terms in this Amendment and the meaning, definition, or usage of any such capitalized terms or similar or analogous terms in the Lease, the meaning, definition, or usage of any such capitalized terms in this Amendment shall control. 6. Counterparts. This Amendment may be executed in multiple counterparts, each of which when so executed and delivered, shall be deemed an original and all of which, when taken together, shall constitute one and the same instrument. [SIGNATURES COMMENCE ON FOLLOWING PAGE] ATC Site No: 418754 VZW Site No: 212974 Site Name: La Canada & Lambert AZ LANDLORD: Town of Oro Valley AZ, Signature: _____________________________ Print Name: ____________________________ Title: _________________________________ Date: _________________________________ Signature: _____________________________ Print Name: ____________________________ Title: _________________________________ Date: _________________________________ [SIGNATURES CONTINUE ON FOLLOWING PAGE] ATC Site No: 418754 VZW Site No: 212974 Site Name: La Canada & Lambert AZ TENANT: Cellco Partnership d/b/a Verizon Wireless By: ATC Sequoia LLC, a Delaware limited liability company Title: Attorney-in-Fact Signature: _____________________________ Print Name: ____________________________ Title: _________________________________ Date: _________________________________ ATC Site No: 418754 VZW Site No: 212974 Site Name: La Canada & Lambert AZ EXHIBIT A This Exhibit A may be replaced at Tenant’s option as described below. PARENT PARCEL Tenant shall have the right to replace this description with a description obtained from Landlord’s deed (or deeds) that include the land area encompassed by the Lease and Tenant’s improvements thereon. The Parent Parcel consists of the entire legal taxable lot owned by Landlord as described in a deed (or deeds) to Landlord of which the Leased Premises is a part thereof with such Parent Parcel being described below: ATC Site No: 418754 VZW Site No: 212974 Site Name: La Canada & Lambert AZ LEASED PREMISES Tenant shall have the right to replace this description with a description obtained from the Lease or from a description obtained from an as-built survey conducted by Tenant. The Leased Premises consists of that portion of the Parent Parcel as defined in the Lease which shall include access and utilities easements. The square footage of the Leased Premises shall be the greater of: (i) the land area conveyed to Tenant in the Lease; (ii) Tenant’s (and Tenant’s customers) existing improvements on the Parent Parcel; or (iii) the legal description or depiction below (if any). ACCESS AND UTILITIES The access and utility easements include all easements of record as well that portion of the Parent Parcel currently utilized by Tenant (and Tenant’s customers) for ingress, egress and utility purposes from the Leased Premises to and from a public right of way including but not limited to: ATC Site No: 418754 VZW Site No: 212974 Site Name: La Canada & Lambert AZ EXHIBIT B FORM OF MEMORANDUM OF LEASE ATC Site No: 418754 VZW Site No: 212974 Site Name: La Canada & Lambert AZ MEMORANDUM OF LEASE This Memorandum of Lease (the “Memorandum”) is entered into on the __________ day of __________________, 202___ by and between Town of Oro Valley AZ, (“Landlord”) and Cellco Partnership d/b/a Verizon Wireless (“Tenant”). NOTICE is hereby given of the Lease (as defined and described below) for the purpose of recording and giving notice of the existence of said Lease. To the extent that notice of such Lease has previously been recorded, then this Memorandum shall constitute an amendment of any such prior recorded notice(s). 1. Parent Parcel and Lease. Landlord is the owner of certain real property being described in Exhibit A attached hereto and by this reference made a part hereof (the “Parent Parcel”). Landlord (or its predecessor-in-interest) and Tenant (or its predecessor-in-interest) entered into that certain Communications Site Lease Agreement Dated July 1, 2003 (as the same may have been amended from time to time, collectively, the “Lease”), pursuant to which the Tenant leases a portion of the Parent Parcel and is the beneficiary of certain easements for access and public utilities, all as more particularly described in the Lease (such portion of the Parent Parcel so leased along with such portion of the Parent Parcel so affected, collectively, the “Leased Premises”), which Leased Premises is also described on Exhibit A. 2. American Tower. Tenant, Verizon Communications Inc., a Delaware corporation, and other parties identified therein, entered into a Management Agreement and a Master Prepaid Lease, both with an effective date of March 27, 2015 and both with ATC Sequoia LLC, a Delaware limited liability company (“American Tower”), pursuant to which American Tower subleases, manages, operates and maintains, as applicable, the Leased Premises, all as more particularly described therein. In connection with these responsibilities, Tenant has also granted American Tower a limited power of attorney (the “POA”) to, among other things, prepare, negotiate, execute, deliver, record and/or file certain documents on behalf of Tenant, all as more particularly set forth in the POA. 3. Expiration Date. Subject to the terms, provisions, and conditions of the Lease, and assuming the exercise by Tenant of all renewal options contained in the Lease, the final expiration date of the Lease would be Prepared by and Return to: American Tower 10 Presidential Way Woburn, MA 01801 Attn: Land Management/Nghia Trinh, Esq. ATC Site No: 418754 ATC Site Name: La Canada & Lambert AZ Assessor’s Parcel No(s): 224-27-301B Prior Recorded Lease Reference: Book _____, Page _____ Document No: __________ State of Arizona County of Pima ATC Site No: 418754 VZW Site No: 212974 Site Name: La Canada & Lambert AZ June 30, 2033. Notwithstanding the foregoing, in no event shall Tenant be required to exercise any option to renew the term of the Lease. 4. Leased Premises Description. Tenant shall have the right, exercisable by Tenant at any time during the original or renewal terms of the Lease, to cause an as-built survey of the Leased Premises to be prepared and, thereafter, to replace, in whole or in part, the description(s) of the Leased Premises set forth on Exhibit A with a legal description or legal descriptions based upon such as-built survey. Upon Tenant’s request, Landlord shall execute and deliver any documents reasonably necessary to effectuate such replacement, including, without limitation, amendments to this Memorandum and to the Lease. 5. Right of First Refusal. There is a right of first refusal in the Lease. 6. Effect/Miscellaneous. This Memorandum is not a complete summary of the terms, provisions and conditions contained in the Lease. In the event of a conflict between this Memorandum and the Lease, the Lease shall control. Landlord hereby grants the right to Tenant to complete and execute on behalf of Landlord any government or transfer tax forms necessary for the recording of this Memorandum. This right shall terminate upon recording of this Memorandum. 7. Notices. All notices must be in writing and shall be valid upon receipt when delivered by hand, by nationally recognized courier service, or by First Class United States Mail, certified, return receipt requested to the addresses set forth herein: to Landlord at: Town of Oro Valley, 11000 N. La Canada Drive, Oro Valley, Arizona 85737; to Tenant at: Verizon Wireless, Attn.: Network Real Estate, 180 Washington Valley Road, Bedminster, NJ 07921; with copy to: American Tower, Attn.: Land Management, 10 Presidential Way, Woburn, MA 01801, and also with copy to: Attn.: Legal Dept. 116 Huntington Avenue, Boston, MA 02116. Any of the parties hereto, by thirty (30) days prior written notice to the other in the manner provided herein, may designate one or more different notice addresses from those set forth above. Refusal to accept delivery of any notice or the inability to deliver any notice because of a changed address for which no notice was given as required herein, shall be deemed to be receipt of any such notice. 8. Counterparts. This Memorandum may be executed in multiple counterparts, each of which when so executed and delivered, shall be deemed an original and all of which, when taken together, shall constitute one and the same instrument. [SIGNATURES COMMENCE ON FOLLOWING PAGE] ATC Site No: 418754 VZW Site No: 212974 Site Name: La Canada & Lambert AZ IN WITNESS WHEREOF, Landlord and Tenant have each executed this Memorandum as of the day and year set forth below. LANDLORD Town of Oro Valley AZ, Signature: _____________________________ Print Name: ____________________________ Title: _________________________________ Date: _________________________________ 2 WITNESSES Signature: _____________________________ Print Name: ____________________________ Signature: _____________________________ Print Name: ____________________________ WITNESS AND ACKNOWLEDGEMENT State/Commonwealth of _____________________ County of ________________________ On this ____ day of _____________________, 202___, before me, the undersigned Notary Public, personally appeared _____________________________________________, who proved to me on the basis of satisfactory evidence, to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument, the person(s) or the entity upon which the person(s) acted, executed the instrument. WITNESS my hand and official seal. ___________________________________ Notary Public Print Name: _________________________ My commission expires: _______________ [SEAL] [SIGNATURES CONTINUE ON FOLLOWING PAGE] ATC Site No: 418754 VZW Site No: 212974 Site Name: La Canada & Lambert AZ TENANT Cellco Partnership d/b/a Verizon Wireless By: ATC Sequoia LLC, a Delaware limited liability company Title: Attorney-in-Fact Signature: _____________________________ Print Name: ____________________________ Title: _________________________________ Date: _________________________________ WITNESS Signature: _____________________________ Print Name: ____________________________ Signature: _____________________________ Print Name: ____________________________ WITNESS AND ACKNOWLEDGEMENT Commonwealth of Massachusetts County of Middlesex On this ____ day of _____________________, 202___, before me, the undersigned Notary Public, personally appeared _____________________________________________, who proved to me on the basis of satisfactory evidence, to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument, the person(s) or the entity upon which the person(s) acted, executed the instrument. WITNESS my hand and official seal. ___________________________________ Notary Public Print Name: _________________________ My commission expires: _______________ [SEAL] ATC Site No: 418754 VZW Site No: 212974 Site Name: La Canada & Lambert AZ EXHIBIT A This Exhibit A may be replaced at Tenant’s option as described below. PARENT PARCEL Tenant shall have the right to replace this description with a description obtained from Landlord’s deed (or deeds) that include the land area encompassed by the Lease and Tenant’s improvements thereon. The Parent Parcel consists of the entire legal taxable lot owned by Landlord as described in a deed (or deeds) to Landlord of which the Leased Premises is a part thereof with such Parent Parcel being described below: ATC Site No: 418754 VZW Site No: 212974 Site Name: La Canada & Lambert AZ LEASED PREMISES Tenant shall have the right to replace this description with a description obtained from the Lease or from a description obtained from an as-built survey conducted by Tenant. The Leased Premises consists of that portion of the Parent Parcel as defined in the Lease which shall include access and utilities easements. The square footage of the Leased Premises shall be the greater of: (i) the land area conveyed to Tenant in the Lease; (ii) Tenant’s (and Tenant’s customers) existing improvements on the Parent Parcel; or (iii) the legal description or depiction below (if any). ACCESS AND UTILITIES The access and utility easements include all easements of record as well that portion of the Parent Parcel currently utilized by Tenant (and Tenant’s customers) for ingress, egress and utility purposes from the Leased Premises to and from a public right of way including but not limited to:    Town Council Regular Session 1. Meeting Date:04/05/2023   FY 23/24 – FY 24/25 Draft Strategic Plan Subject DISCUSSION REGARDING THE DRAFT FY 23/24 - FY 24/25 STRATEGIC PLAN Summary On February 10, 2023, Town Council held a Council Workshop with Mike Letcher from the Bridge Group, LLC to begin planning for the FY 23/24 – FY 24/25 Strategic Plan. During the Workshop, the Town Council identified focus areas and priorities for the next two fiscal years, which were captured and subsequently incorporated into proposed goals and objectives as incorporated into the draft Strategic Plan (attached). Town staff are seeking Town Council's input regarding the draft goals and objectives for the next Strategic Plan, which will come back to Town Council for final consideration and approval. Attachments Draft FY 23/24 - 24/25 Strategic Plan  Draft FY 23/24 - 24/25 Strategic Plan TOWN COUNCIL FOCUS AREA 1: ECONOMIC VITALITY GOAL 1A: SUPPORT AND ASSIST LOCAL BUSINESSES WITH NAVIGATING THE CURRENT AND PROJECTED ECONOMIC CONDITIONS. OBJECTIVE: In coordination with the Oro Valley Chamber of Commerce, co-sponsor the Oro Valley Annual Business Summit in 2024. OBJECTIVE: Continue and/or Expand Oro Valley’s Business Retention and Expansion programs. GOAL 1B: ATTRACT, EXPAND, AND RETAIN PRIMARY EMPLOYERS TO ENCOURAGE GROWTH AND DEVELOPMENT OF JOB OPPORTUNITIES. OBJECTIVE: Grow the bio-economy in Oro Valley with a focus on retaining and expanding diagnostics and discovery firms. OBJECTIVE: Host 3 startup business classes to educate and support prospective entrepreneur prospects with support from Startup Tucson and/or the Pima County Small Business Development Center. OBJECTIVE: Develop a strategy to identify, engage and support community-based “solopreneurs” (consultants, early retirees, freelancers) and others who want to create new businesses. GOAL 1C: ATTRACT, EXPAND, AND RETAIN RETAIL, FOOD SERVICE, AND HOSPITALITY OPPORTUNITIES IN COMMERCIAL CENTERS. OBJECTIVE: Update and continue utilizing the Comprehensive Economic Development Strategy and provide suggested updates to Town Council. GOAL 1D: ENCOURAGE RESIDENTS AND VISITORS TO CHOOSE ORO VALLEY AS A PREMIER PLACE TO DINE, SHOP, PLAY, AND STAY. OBJECTIVE: Complete a comprehensive analysis of the return on investment and benefits derived from the Town’s partnership with Visit Tucson in establishing the Town/Visit Tucson annual operating agreement with updated performance indicators and deliverables. OBJECTIVE: Analyze Town-owned special event venues and harness strategic partnerships. TOWN COUNCIL FOCUS AREA 2: CULTURE AND RECREATION GOAL 2A: INVEST IN AND MAINTAIN OV RECREATIONAL ASSETS THAT PROVIDE OPPORTUNITIES FOR RESIDENTS TO CONNECT WITH EACH OTHER, NATURE AND THEIR COMMUNITY (I.E., COMMUNITY CENTER, AQUATIC CENTER, GOLF COURSES, TRAILS, PARKS, ETC.). OBJECTIVE: Improve parking and ADA accessibility at the Community Center by paving dirt lot and installing ramp and elevator. OBJECTIVE: Evaluate the purpose and utility of the Community Center in order to generate options for improvements, remodel and/or renovation. OBJECTIVE: Complete Council direction regarding the Parks Bond amenities. OBJECTIVE: Implement the Vistoso Trails Nature Preserve Master Plan. OBJECTIVE: Revisit and update the Steam Pump Ranch Master Plan. GOAL 2B: INVEST IN AND MAINTAIN THE OV TRAIL SYSTEM FOR ACCESSIBILITY, TO BEST SERVE THE NEEDS OF THE COMMUNITY, AND AS A WAY TO CONNECT WITH NATURE. OBJECTIVE: Complete Greenock Trail acquisition. OBJECTIVE: Update the Trails Plan with an emphasis on mapping, access and connectivity, signage, and promotions. OBJECTIVE: Pursue recognition, certifications, and awards of the Town’s bike friendly network. OBJECTIVE: Create special events to promote the Town’s current trail systems. GOAL 2C: INCREASE ORO VALLEY RESIDENTS’ INVOLVEMENT IN MULTI-GENERATIONAL RECREATION OPPORTUNITIES AND PROGRAMMING. OBJECTIVE: Promote and engage the community for Oro Valley’s 50th anniversary. OBJECTIVE: Provide opportunities for non-traditional activities, such as lifelong learning and health education. OBJECTIVE: Provide opportunities for arts and cultural projects and activities. TOWN COUNCIL FOCUS AREA 3: PUBLIC SAFETY GOAL 3A: SUPPORT STRATEGIES THAT CONTINUE ORO VALLEY’S RANKING AS ONE OF THE SAFEST COMMUNITIES IN ARIZONA. OBJECTIVE: Deploy high visibility police resources in high crime and high traffic crash areas. OBJECTIVE: Continue to provide education and awareness on latest illicit drug trends to include the opioid/fentanyl epidemic. OBJECTIVE: Implement strategies to address mental health and other quality of life issues affecting our community. GOAL 3B: INVEST IN THE HEALTH AND WELLNESS OF OVPD EMPLOYEES. OBJECTIVE: Focus on programs and education related to: physical health, mental health, nutrition, and financial health. GOAL 3C: SUPPORT THE OV JUSTICE SYSTEM, INCLUDING COORDINATION BETWEEN THE OVPD, LEGAL SERVICES, AND THE TOWN COURT. OBJECTIVE: Evaluate the feasibility of improved Police and Court facilities and develop a project proposal with options. OBJECTIVE: Continue to focus on efficient and effective criminal justice processes to ensure prompt services are provided. TOWN COUNCIL FOCUS AREA 4: ROADS, WATER, AND TOWN ASSETS GOAL 4A: INVEST IN CURRENT AND FUTURE OV TRANSPORTATION NETWORKS AND QUALITY INFRASTRUCTURE (I.E., ROADS, BRIDGES, DIAL-A-RIDE, SUN SHUTTLE, ETC.). OBJECTIVE: Create a Transportation Infrastructure Plan that establishes sustainable construction, operation and maintenance strategies. OBJECTIVE: Evaluate the potential for future light rail plans. GOAL 4B: DELIVER A SAFE, RELIABLE, AND SUSTAINABLE WATER SUPPLY THAT MEETS THE LONG-TERM NEEDS OF THE COMMUNITY. OBJECTIVE: Evaluate reducing the use of potable water in OV (i.e., golf courses, parks, and residential). OBJECTIVE: Begin construction of NWRRDS project. GOAL 4C: MAINTAIN AND IMPROVE THE COMMUNITY’S INFRASTRUCTURE BY ENSURING THE EFFECTIVE UTILIZATION OF TOWN RESOURCES. OBJECTIVE: Evaluate the need to establish a plan for a Town-wide Electric Vehicle Fleet. OBJECTIVE: Evaluate the cost/benefit analysis of all currently available pavement mill & replacement strategies, materials and longevity vs cost. OBJECTIVE: Evaluate opportunities for sustainable infrastructure (i.e., electric vehicles, alternative transportation, natural ecosystems, etc.) that demonstrate financial viability. TOWN COUNCIL FOCUS AREA 5: LAND USE AND DESIGN GOAL 5A: MAINTAIN AND ENHANCE THE CHARACTER OF THE COMMUNITY REGARDING DEVELOPMENT, RECOGNIZING THE IMPORTANCE OF NATURAL AND OPEN SPACES. OBJECTIVE: Update the Annexation Strategy that includes revisiting the Tangerine/Thornydale Arizona State Land Department annexation and further efforts at the Ina/Oracle area. OBJECTIVE: Develop a Tree Master Plan to include 50 trees in 2024 as part Oro Valley’s 50th Anniversary Celebration. TOWN COUNCIL FOCUS AREA 6: EFFECTIVE & EFFICIENT GOVERNMENT GOAL 6A: CONTINUE TO PRIORITIZE COMMUNITY ENGAGEMENT, WITH A FOCUS ON CLEAR AND ACCESSIBLE INFORMATION. OBJECTIVE: Work to ensure the Town’s digital platforms provide meaningful online engagement opportunities and easy access to important information. OBJECTIVE: Implement dashboards with the status of the Council’s Strategic Plan. OBJECTIVE: Provide opportunity to Town Council for input on long-range planning and projects (i.e., CIP 10-year input). GOAL 6B: FOSTER AND CULTIVATE THE TOWN’S CULTURE OF CONTINUOUS IMPROVEMENT TO ENHANCE CUSTOMER EXPERIENCE, IMPROVE ORGANIZATIONAL EFFICIENCY, AND INCREASE VALUE THROUGH INNOVATION. OBJECTIVE: Support, challenge and engage the employee at all levels. OBJECTIVE: Strengthen the Town’s continuous improvement acumen by developing Lean Six Sigma skills among Town employees. GOAL 6C: ATTRACT AND RETAIN SKILLED AND KNOWLEDGABLE EMPLOYEES. OBJECTIVE: Evaluate and monitor the current Town Compensation Plan. OBJECTIVE: Establish a supervisory training program. OBJECTIVE: Foster and promote a safe and engaging culture. OBJECTIVE: Promote employee recognition. GOAL 6D: INVEST IN THE HEALTH AND WELLNESS OF TOWN EMPLOYEES. OBJECTIVE: Focus on programs and education related to physical, mental, nutritional, and financial health. TOWN COUNCIL FOCUS AREA 7: FINANCIAL STABILITY AND SUSTAINABILITY GOAL 7A: SAFEGUARD THE TOWN’S FINANCIAL RESOURCES TO ENSURE HIGH SERVICE LEVELS ARE MET AND MAINTAINED FOR CURRENT AND FUTURE RESIDENTS. OBJECTIVE: Prioritize financial stability by evaluating current revenue sources and exploring new opportunities annually.