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HomeMy WebLinkAboutPackets - Council Packets (1792)       *AMENDED (4/18/23, 4:00 PM) AGENDA ORO VALLEY TOWN COUNCIL REGULAR SESSION APRIL 19, 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 5:00 PM   CALL TO ORDER   ROLL CALL   EXECUTIVE SESSION – Pursuant to ARS 38-431.03(A)(3) and (A)(4) regarding Joplin v. Town of Oro Valley   RESUME REGULAR SESSION AT OR AFTER 6:00 PM   CALL TO ORDER   ROLL CALL   1.APPROVAL OF ANY DIRECTION TO THE TOWN ATTORNEY AND/OR NECESSARY STAFF AS DISCUSSED IN EXECUTIVE SESSION PERTAINING TO JOPLIN V. TOWN OF ORO VALLEY      PLEDGE OF ALLEGIANCE   UPCOMING MEETING ANNOUNCEMENTS   MAYOR AND COUNCIL REPORTS ON CURRENT EVENTS MAYOR AND COUNCIL REPORTS ON CURRENT EVENTS Spotlight on Youth   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   CONSENT AGENDA (Consideration and/or possible action)   A.Minutes - March 29, March 30 and April 5, 2023   B.Resolution No. (R)23-14, delegating authority to the Oro Valley Chief of Police to sign and enter a subgrantee agreement between the Town of Oro Valley and the Arizona Department of Homeland Security to fund overtime and mileage under the Operation Stonegarden program   C.Resolution No. (R)23-15, delegating authority to the Oro Valley Chief of Police to sign and enter a subgrantee agreement between the Town of Oro Valley and the Arizona Department of Homeland Security to fund equipment under the Operation Stonegarden program   D.Resolution No. (R)23-09, adopting proposed amendments to the Parliamentary Rules & Procedures and Code of Conduct   REGULAR AGENDA   2.PUBLIC HEARING: DISCUSSION AND POSSIBLE ACTION REGARDING A PROPOSED AMENDMENT TO A CONDITIONAL USE PERMIT FOR CALIBER COLLISION, LOCATED WITHIN THE MERCADO DEL RIO COMMERCIAL CENTER NORTH OF PUSCH VIEW LANE, APPROXIMATELY 1/4-MILE WEST OF ORACLE ROAD   3.PUBLIC HEARING: DISCUSSION AND POSSIBLE ACTION REGARDING THREE ITEMS RELATED 3.PUBLIC HEARING: DISCUSSION AND POSSIBLE ACTION REGARDING THREE ITEMS RELATED TO A PROPOSED SELF AND RV STORAGE IN THE MERCADO DEL RIO COMMERCIAL CENTER, LOCATED NORTH OF PUSCH VIEW LANE, APPROXIMATELY 1/4-MILE WEST OF ORACLE ROAD. THE ITEMS INCLUDE: ITEM A: CONDITIONAL USE PERMIT FOR SELF-STORAGE ITEM B: DEVELOPMENT AND LANDSCAPE PLAN FOR SELF AND RV STORAGE ITEM C: ARCHITECTURE   4.RESOLUTION NO. (R)23-16, DISCUSSION AND POSSIBLE ACTION TO ADOPT THE FY 23/24 - FY 24/25 STRATEGIC PLAN   5.DISCUSSION AND POSSIBLE ACTION REGARDING THE POTENTIAL EXPANSION OF THE TOWN'S SCHOOL RESOURCE OFFICER PROGRAM   6.*RESOLUTION NO. (R)23-17, DISCUSSION AND POSSIBLE ACTION TO APPOINT JEFF WILKINS AS THE ORO VALLEY TOWN MANAGER AND TO APPROVE AN EMPLOYMENT AGREEMENT, EFFECTIVE APRIL 19, 2023   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 The Mayor and Council may, at the discretion of the meeting chairperson, discuss any Agenda item.   POSTED: 4/12/23 at 5:00 p.m. by dt AMENDED AGENDA POSTED: 4/18/23 at 4:00 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 A. Meeting Date:04/19/2023   Submitted By:Michelle Stine, Town Clerk's Office Department:Town Clerk's Office SUBJECT: Minutes - March 29, March 30 and April 5, 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 29, March 30 and April 5, 2023 minutes.  Attachments 3-29-23 Draft Minutes  3-30-23 Draft Minutes  4-5-23 Draft Minutes  D R A F T   MINUTES ORO VALLEY TOWN COUNCIL SPECIAL SESSION MARCH 29, 2023 HOPI CONFERENCE ROOM 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 5:00 PM   CALL TO ORDER    Mayor Winfield called the meeting to order at 5:00 p.m.   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 EXECUTIVE SESSION - Pursuant to ARS 38-431.03(A)(1) for personnel matters to interview Town Manager semifinalists    Motion by Mayor Joseph C. Winfield, seconded by Councilmember Harry Greene to go into Executive Session at 5:02 p.m., pursuant to ARS 38-431.03(A)(1) for personnel matters to interview Town Manager semifinalists.  Vote: 7 - 0 Carried    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.   RESUME SPECIAL SESSION    Mayor Winfield resumed the Special Session at 8:37 p.m. 3/29/23 Minutes, Town Council Special Session 1   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    No action was taken on this item.   ADJOURNMENT    Motion by Mayor Joseph C. Winfield, seconded by Councilmember Joyce Jones-Ivey to adjourn the meeting at 8:38 p.m.  Vote: 7 - 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 29th 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 3/29/23 Minutes, Town Council Special Session 2 D R A F T   MINUTES ORO VALLEY TOWN COUNCIL SPECIAL SESSION MARCH 30, 2023 HOPI CONFERENCE ROOM 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 5:00 PM   CALL TO ORDER    Mayor Winfield called the meeting to order at 5:00 p.m.   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 EXECUTIVE SESSION - Pursuant to ARS 38-431.03(A)(1) for personnel matters to interview Town Manager semifinalists    Motion by Mayor Joseph C. Winfield, seconded by Councilmember Harry Greene to go into Executive Session at 5:02 p.m., pursuant to ARS 38-431.03(A)(1) for personnel matters to interview Town Manager semifinalists.  Vote: 7 - 0 Carried    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 Nathan Rothschild, Town Clerk Mike Standish and the Human Resources Director Andy Votava.   RESUME SPECIAL SESSION    Mayor Winfield resumed the Special Session at 9:25 p.m. 3/30/23 Minutes, Town Council Special Session 1   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: 7 - 0 Carried   ADJOURNMENT    Motion by Mayor Joseph C. Winfield, seconded by Councilmember Joyce Jones-Ivey to adjourn the meeting at 9:26 p.m.  Vote: 7 - 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 30th 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 3/30/23 Minutes, Town Council Special Session 2 D R A F T   MINUTES ORO VALLEY TOWN COUNCIL REGULAR SESSION APRIL 5, 2023 ORO VALLEY COUNCIL CHAMBERS 11000 N. LA CAÑADA DRIVE            REGULAR SESSION AT OR AFTER 6:00 PM   CALL TO ORDER    Mayor Winfield called the meeting to order at 6:02 p.m.   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 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 Greene reported that he had attended the retirement ceremony for Golder Ranch Fire Chief Randy Karrer. The new Golder Ranch Fire Chief, Tom Brandhuber, was also introduced at this event. Councilmember Greene provided an update on the installation of a new ADA ramp at the Oro Valley Community and Recreation Center. Councilmember Bohen reported that the pickle ball courts at the Community and Recreation Center were heavily utilized and congratulated the town for securing these outstanding amenities. Councilmember Bohen also reported that the town's golf courses were heavily utilized as a result of a 4/5/23 Minutes, Oro Valley Town Council Regular and Study Session 1 local open-pit mining conference recently held in Oro Valley. Councilmember Jones-Ivey reported that Canyon Del Oro Project Graduation was still in need of volunteers and donations. She encouraged interested citizens to email cdo.pg.decorations@gmail.com. Mayor Winfield expressed appreciation to the Parks and Recreation Department for hosting the Easter Eggstravaganza, held on April 1, 2023.   TOWN MANAGER'S REPORT ON CURRENT EVENTS    Interim Town Manager Chris Cornelison reported that the town had released the names of the two finalists for the Town Manager search, and that the interview process would continue from April 12 through April 14, 2023. Mr. Cornelison also reported that the town would host a Celebrate Oro Valley event, on April 8, 2023, as part of the towns annual birthday celebration.   ORDER OF BUSINESS    Mayor Winfield reviewed the order of business and stated the order would stand as posted.   INFORMATIONAL ITEMS    There were no informational items.   CALL TO AUDIENCE    Oro Valley resident Tim Fagan 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. Amphi School District Director of Early Childhood Education, Tiffany Fay, and Community and Family Engagement Coordinator for Amphi School District, Beth Lake, thanked the Council for recognizing the importance of early childhood education in Oro Valley. Tom Chabin, of the Office of Attorney General Chris Maze, introduced himself and voiced support of Attorney General, Kris Mayes, who would like to build a positive relationship with the town. Oro Valley resident Ann Young voiced her concerns regarding the proposed Oro Valley Church of the Nazarene rezoning request. Oro Valley resident Brianne Spaeth voiced her concerns regarding safety along Naranja Drive. Oro Valley resident Tim Tarris voiced his concerns regarding the proposed Oro Valley Church of the Nazarene rezoning request. Oro Valley resident Joanne Michaelsen voiced her concerns regarding the proposed Oro Valley Church of the Nazarene rezoning request. Oro Valley resident Devin Smith voiced her concerns regarding the proposed Oro Valley Church of the Nazarene rezoning request. 4/5/23 Minutes, Oro Valley Town Council Regular and Study Session 2 Mayor Winfield directed staff to provide an update to the Council and the Community on the multi-use path north of Naranja, from La Cañada to First Avenue.   PRESENTATIONS   1.Proclamation - National Public Safety Telecommunicators Week       Mayor Winfield proclaimed the week of April 9th through the 15th, 2023, to be National Public Safety Telecommunicators Week in the Town of Oro Valley. Oro Valley Police Department Public Safety Telecommunicator Supervisors, Keli Mendivil and Ben Johnson, accepted the proclamation.   CONSENT AGENDA    Councilmember Bohen requested that Consent item (B) be removed from the Consent Agenda for discussion.   A.Minutes - March 15, March 16 and March 22, 2023      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       Motion by Mayor Joseph C. Winfield, seconded by Councilmember Harry Greene to approve Consent Agenda items (A), (C) and (D).  Vote: 7 - 0 Carried   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       Councilmember Bohen requested clarification regarding 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. Staff provided clarification regarding 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.    Motion by Councilmember Tim Bohen, seconded by Mayor Joseph C. Winfield to approve Consent item (B).    Discussion ensued amongst Council and staff regarding Consent item (B).   4/5/23 Minutes, Oro Valley Town Council Regular and Study Session 3    Motion by Councilmember Tim Bohen, seconded by Mayor Joseph C. Winfield to approve Consent item (B).  Vote: 6 - 1 Carried  OPPOSED: Councilmember Tim Bohen   REGULAR AGENDA    There were no regular Agenda items.   FUTURE AGENDA ITEMS    Councilmember Solomon requested a future agenda item for the April 19, 2023, Council meeting, to include discussion and possible action regarding the potential expansion of the Town's school resource officer program, seconded by Councilmember Greene. Councilmember Jones-Ivey requested a future agenda item for a Council update regarding the planned housing study, seconded by Councilmember Bohen.   ADJOURNMENT OF THE REGULAR SESSION    Motion by Mayor Joseph C. Winfield, seconded by Councilmember Harry Greene to adjourn the Regular Session at 6:50 p.m.  Vote: 7 - 0 Carried   STUDY SESSION   CALL TO ORDER    Mayor Winfield called the Study Session to order at 6:51 p.m.   STUDY SESSION AGENDA   1.DISCUSSION REGARDING THE DRAFT FY 23/24 - FY 24/25 STRATEGIC PLAN       Innovation and Technology Director Chuck Boyer presented Study Session item #1. The following individual spoke regarding Study Session item #1. Oro Valley resident, Paul Loomis. Mr. Boyer continued the presentation of the proposed draft FY23/24 - 24/25 Strategic Plan. Discussion ensued amongst Council and staff regarding Study Session item #1. Mayor Winfield recessed the meeting at 8:07 p.m. 4/5/23 Minutes, Oro Valley Town Council Regular and Study Session 4 Mayor Winfield reconvened the meeting at 8:20 p.m. Discussion continued amongst Council and staff regarding study session item #1. Councilmember Nicolson left the meeting at 9:09 p.m. Direction was provided to staff regarding the proposed draft FY 23/24 - FY 24/25 Strategic Plan.   ADJOURNMENT    Mayor Winfield adjourned the study session at 9:38 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 5th day of April 2023. I further certify that the meeting was duly called and held and that a quorum was present. __________________________________ Michael Standish, CMC Town Clerk 4/5/23 Minutes, Oro Valley Town Council Regular and Study Session 5    Town Council Regular Session B. Meeting Date:04/19/2023   Requested by: Catherine Hendrix Submitted By:Catherine Hendrix, Police Department Department:Police Department SUBJECT: Resolution No. (R)23-14, delegating authority to the Oro Valley Chief of Police to sign and enter a subgrantee agreement between the Town of Oro Valley and the Arizona Department of Homeland Security to fund overtime and mileage under the Operation Stonegarden program RECOMMENDATION: Staff recommends approval. EXECUTIVE SUMMARY: For several years, the Arizona Department of Homeland Security (AZDOHS) has partnered with the Town of Oro Valley Police Department (OVPD), providing funding for Operation Stonegarden to include overtime and mileage, as well as the purchase of critical equipment. On March 6, 2023, OVPD was provided a notice awarding the funding for overtime and mileage. OVPD wishes to enter into a subgrantee agreement with AZDOHS to fund overtime and mileage for officers to be deployed under the Operation Stonegarden program. BACKGROUND OR DETAILED INFORMATION: The grant application was made in order to work in a regional partnership with other local law enforcement agencies and the U.S. Border Patrol Tucson Sector to reduce crime and improve the quality of life for the residents and visitors of Oro Valley. This grant will use targeted deployments of officers and canine units to impact the flow of smugglers engaged in human trafficking and illegal contraband, as well as possible terrorists who intend to cause harm or commit crimes against this nation. FISCAL IMPACT: The capacity exists in the current FY 22/23 budget and it is requested in the FY 23/24 budget to accept this grant award for a total of $163,652. SUGGESTED MOTION: I MOVE to (approve or deny) Resolution No. (R)23-14, authorizing and approving a subgrantee agreement between the Town of Oro Valley and the Arizona Department of Homeland Security to fund overtime and mileage under the Operation Stonegarden program. Attachments (R)23-14 Resolution 2023 Stonegarden OT & Mileage  Stonegarden OT & Mileage Agreement  RESOLUTION NO. (R)23-14 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, DELEGATING AUTHORITY TO THE ORO VALLEY CHIEF OF POLICE TO SIGN AND ENTER A SUBGRANTEE AGREEMENT BETWEEN THE TOWN OF ORO VALLEY AND THE ARIZONA DEPARTMENT OF HOMELAND SECURITY TO FUND OVERTIME AND MILEAGE UNDER THE OPERATION STONEGARDEN PROGRAM; AND DIRECTING THE TOWN MANAGER, TOWN CLERK, TOWN LEGAL SERVICES DIRECTOR, OR THEIR DULY AUTHORIZED OFFICERS AND AGENTS TO TAKE ALL STEPS NECESSARY TO CARRY OUT THE PURPOSES AND INTENT OF THIS RESOLUTION WHEREAS, the Arizona Department of Homeland Security (AZDOHS) requires participating jurisdictions to enter into a Subgrantee Agreement to receive the funds granted under the Operation Stonegarden Program; and WHEREAS, the Town of Oro Valley’s allocation under the grant is a maximum of $163,652 which will be used to fund overtime and mileage under the Operation Stonegarden Program for deployments with the U.S. Department of Homeland Security Bureau of Customs and Border Protection; and WHEREAS, it is in the best interest of the Town of Oro Valley to delegate authority to the Oro Valley Chief of Police to enter the Subgrantee Agreement (attached hereto as Exhibit “A” and incorporated herein by this reference) in order to receive funds which will be used to fund overtime and mileage under the Operation Stonegarden Program for deployments with the U.S. Department of Homeland Security Bureau of Customs and Border Protection. NOW THEREFORE BE IT RESOLVED by the Mayor and Town Council of the Town of Oro Valley, Arizona, that: SECTION 1. Authority is delegated to the Oro Valley Chief of Police to enter the Subgrantee Agreement between the Town of Oro Valley, for the benefit of the Oro Valley Police Department, and the Arizona Department of Homeland Security, attached hereto as Exhibit “A” and incorporated herein by this reference, to fund overtime and mileage under the Operation Stonegarden Program for deployments with the U.S. Department of Homeland Security Bureau of Customs and Border Protection. SECTION 2. 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 3. 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 4. If any section, subsection, sentence, clause, phrase or portion of this Resolution, or the Subgrantee 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 19th day of April, 2023. TOWN OF ORO VALLEY, ARIZONA ______________________________ Joseph C. Winfield, Mayor ATTEST: APPROVED AS TO FORM: Michael Standish, Town Clerk Tobin Sidles, Legal Services Director Date: Date: EXHIBIT “A” SUBRECIPIENT AGREEMENT OPERATION STONEGARDEN GRANT PROGRAM OVERTIME-MILEAGE 22-AZDOHS-OPSG- (Enter Subrecipient Agreement number above (e.g., 220XXX-XX) Between The Arizona Department of Homeland Security And UEI Number___________ (Enter the UEI number above) WHEREAS, A.R.S. section 41-4254 charges the Arizona Department of Homeland Security (AZDOHS) with the responsibility of administering funds. THEREFORE, it is agreed that the AZDOHS shall provide funding to the (Subrecipient) for services under the terms of this Agreement (the “Agreement”). 1.Purpose of Agreement The purpose of this Agreement is to specify the rights and responsibilities of AZDOHS in administering the distribution of homeland security grant funds to the Subrecipient, and to specify the rights and responsibilities of the Subrecipient as the recipient of these funds. 2.Period of Performance This Agreement shall become effective on March 6, 2023 and shall terminate on March 31, 2024. The obligations of the Subrecipient as described herein will survive termination of this agreement. 3.Description of Services The Subrecipient shall provide the services for AZDOHS as set forth inwriting in Subrecipient’s grant application titled: “OPSG OVERTIME-MILEAGE" and funded____________ (as may have been modified by the award letter).(Enter funded award amount above) 4.Financing and Fiscal Responsibility Under US Department of Homeland Security (“USDHS”) grant #EMW-2022-SS-00010-S01 and Catalog of Federal Domestic Assistance (“CFDA”) #97.067, AZDOHS shall provide up to _____________ to Subrecipient under this Agreement. Payment to Subrecipient must be on a reimbursement basis only, conditioned upon Subrecipient providing AZDOHS with proof of payment and applicable, accurate and complete reimbursement documents, as deemed necessary by AZDOHS. A list of acceptable documentation is at www.azdohs.gov. Payments are contingent on Subrecipient performing all its obligations under this Agreement. Subrecipient may use the funds provided under this Agreement only as provided in the application and award documentation. If Subrecipient does not complete all its obligations, Subrecipient must immediately reimburse all previously-provided funds to AZDOHS. If Subrecipient Agreement. Payment to Subrecipient must be on a reimbursement basis only, conditioned upon Subrecipient providing AZDOHS with proof of payment and applicable, accurate and complete reimbursement documents, as deemed necessary by AZDOHS. A list of acceptable documentation is at www.azdohs.gov. Payments are contingent on Subrecipient performing all its obligations under this Agreement. Subrecipient may use the funds provided under this Agreement only as provided in the application and award documentation. If Subrecipient does not complete all its obligations, Subrecipient must immediately reimburse all previously-provided funds to AZDOHS. If Subrecipient completes its obligations at a lower than the budgeted cost, the amount reimbursed to Subrecipient will be only the amount actually spent by Subrecipient in accordance with the approved application. For any expenditure disallowed after or otherwise by AZDOHS, or the State or Federal government, Subrecipient must immediately reimburse such funds to AZDOHS. 22-AZDOHS-OPSG- Any unauthorized changes to this document will result in termination of this award. Version 1/31/2023 completes its obligations at a lower than the budgeted cost, the amount reimbursed to Subrecipient will be only the amount actually spent by Subrecipient in accordance with the approved application. For any expenditure disallowed after or otherwise by AZDOHS, or the State or Federal government, Subrecipient must immediately reimburse such funds to AZDOHS. 5.Reporting Requirements Subrecipient must submit quarterly programmatic reports to AZDOHS as follows: January 15 (for the period from October 1– December 31) April 15 (for the period from January 1 – March 31) July 15 (for the period from April 1 – June 30) October 15 (for the period from July 1 – September 30) Subrecipient must use the Quarterly Programmatic Report form (https://azdohs.gov/grant- program-forms) for these reports. Subrecipient must provide detailed information on the status of completion of the planned activities in the approved application satisfactory to AZDOHS in its sole discretion. Failure to adequately provide such information will result in the Quarterly Programmatic Report being rejected by AZDOHS and resubmission will be required. If the program has been fully completed so that there will be no further updates, then the quarterly report for the quarter in which the program was completed will be the final report; the report should be marked as “final” and must include all pertinent information regarding the program as determined solely by AZDOHS. Final Quarterly Programmatic Report: The final quarterly programmatic report is due no more than 15 calendar days after the end of the performance period. Subrecipient may submit a final quarterly report prior to the end of the performance period if the scope of the project has been fully completed and implemented. The Property Control Form is due with the final quarterly report (if applicable). 6.Reimbursements Subrecipient must provide AZDOHS with requests for reimbursement as frequently as monthly but not less than quarterly; submissions must be made via US Mail, delivery service (FedEx, UPS, etc.) or in person; submissions via fax or by any electronic means will not be accepted. Reimbursement requests shall be submitted with the Reimbursement Form provided by AZDOHS staff. AZDOHS has the right to require Subrecipient to provide any documentation and/or information AZDOHS deems necessary to process submissions. Reimbursement requests are only required when expenses have been incurred. The Subrecipient shall submit a final reimbursement request, marked as such, for expenses received and invoiced prior to the end of the period of performance. The final reimbursement must be received by AZDOHS no more than 45 calendar days after the end of the period of performance. Requests for reimbursement received by AZDOHS later than 45 calendar days after the end of the period of performance will not be paid. Subrecipients will only be reimbursed for expenses that have been obligated, expended and received within the authorized Period of Performance as identified in Paragraph 2 of this Agreement. Subrecipients are not authorized to obligate or expend funds prior to the start date of the Period of Performance. Any expenses obligated or expended prior to the Period of Performance start date will be deemed unallowable and will not be reimbursed. Any expenses/services that occur beyond the Period of Performance (e.g. cell phone service) will be deemed unallowable and will not be reimbursed. 7.Environmental Planning and Historic Preservation Subrecipient must comply with Federal, State and Local environmental and historical preservation (EHP) regulations, laws and Executive 22-AZDOHS-OPSG- Any unauthorized changes to this document will result in termination of this award. Version 1/31/2023 Orders as applicable. See https://www.fema.gov/media-library-data/1533321728657- 592e122ade85743d1760fd4747241776/GPD_EHP_Policy_Final Amendment_GPD_final_508.pdf and https://azdohs.gov/environmental-and-historic-preservation-ehp. Subrecipients proposing programs with potential environmental impact must participate in the USDHS/Federal Emergency Management Agency (FEMA) EHP review process. Subrecipient must complete the EHP review process before funds will be released by AZDOHS. If Subrecipient engages in ground disturbing activities, Subrecipient must monitor ground disturbance. If archeological resources are discovered, Subrecipient must immediately (a) cease construction and (b) notify FEMA, AZDOHS, and the Arizona State Historic Preservation Office. AZDOHS/DHS/FEMA will not fund or reimburse projects that are initiated without the required EHP review. 8.Procurement (including Noncompetitive Procurement) Subrecipient must comply with its procurement rules/policies, all Federal procurement rules/policies, and all Arizona Procurement Code provisions and rules, the most restrictive of which will apply. Subrecipient must not enter into a noncompetitive procurement unless AZDOHS grants prior written approval via the Noncompetitive Procurement Request form at https://azdohs.gov/grant-program -forms. 9.Property Control Subrecipient must safeguard and maintain control and accountability for all property/equipment purchased under this Agreement, and Subrecipient must assure that it is used only for purposed authorized under this Agreement and maintained as provided in 2 CFR 200.313. Such property/equipment shall be used by Subrecipient in the program for which it was acquired as long as needed, whether or not the program continues to be supported by Federal grant funds. Subrecipient must immediately investigate and report to AZDOHS any loss, damage, or theft. Subrecipient must replace any property/equipment lost, damaged or stolen at Subrecipient’s expense, and must immediately submit an updated Property Control Form (https://azdohs.gov/grant-program-forms) to AZDOHS. “Nonexpendable Property/Equipment” is property that has a continuing use, is not consumed in use, has an expected life of one year or more, costs $5,000 or more per unit, and does not become a fixture or lose its identity as a component of other equipment/systems, while a “Capital Asset” is personal or real property or a fixture costing $5,000 or more per unit with an expected life of one year or more. Subrecipient is solely responsible for the proper maintenance of all Nonexpendable Property/Equipment and Capital Assets acquired under this Agreement Subrecipient must take a physical inventory of all such Nonexpendable Property/Equipment and Capital Assets and reconcile the results with the Property Control Form at least once every two years. Subrecipient must maintain a control system to prevent loss, damage, or theft of such Nonexpendable Property/Equipment and Capital Assets, and Subrecipient must immediately report any loss, damage, or theft to AZDOHS. A Property Control Form (if applicable) shall be maintained for the entire scope of the program or project for which property was acquired through the end of its useful life and/or disposition. All Nonexpendable Property and Capital Assets must be included on the Property Control Form. The Subrecipient, if applicable, shall provide AZDOHS a copy of the Property Control Form with the final quarterly programmatic report. The Property Control Form can be located at https://azdohs.gov/grant-program-forms. The Subrecipient agrees to be subject to equipment monitoring and auditing by state or federal authorized representatives to verify information. When Subrecipient is no longer using Nonexpendable Property/Equipment and/or Capital Assets acquired under this Agreement on the program, Subrecipient must immediately submit an updated Property Control Form to AZDOHS, and any disposition must be in compliance with AZDOHS Disposition Guidance (https://azdohs.gov/grant-program-forms) and 2 CFR Part 200, including specifically 2 CFR 200.313. If Subrecipient seeks disposition of such Nonexpendable Property/Equipment or Capital Assets for any reason other than theft, destruction, or loss, Subrecipient must submit an Equipment Disposition Request Form (https://azdohs.gov/grant- program-forms) to AZDOHS and receive approval from AZDOHS prior to disposition. 22-AZDOHS-OPSG- Any unauthorized changes to this document will result in termination of this award. Version 1/31/2023 Subrecipient must update the Property Control Form and provide a copy to AZDOHS within 45 calendar days after disposition. Per 2 CFR 200.333(c), Subrecipient must retain all records relating to such Nonexpendable Property/Equipment and Capital Assets for 3 years after disposition. 10.Training and Exercise All training and/or exercise events must be included in Subrecipient’s application. Alternate/additional training/exercise requests must be approved in advance by AZDOHS. Subrecipient must submit a Project Modification Request Form (https://azdohs.gov/grant-program-forms) for review and approval by AZDOHS prior to scheduling alternate/additional training/exercise events. For those projects that are managed by DEMA, alternate/additional training requests must be approved in advance by DEMA and AZDOHS using the Pre-approval form (https://dema.az.gov/emergency-management/preparedness/training). All exercises must comply with FEMA Homeland Security Exercise and Evaluation Program (https://www.fema.gov/emergency-managers/national-preparedness/exercises/hseep; “HSEEP”) guidance. Subrecipient will (a) Submit an exercise summary and attendance/sign-in roster; and (b) Email the After Action Report/Improvement Plan to the local County Emergency Manager, AZDOHS, and the DEMA Exercise Branch, within 90 days of completion of an exercise or as prescribed by HSEEP. 11.Consultants/Trainers/Training Providers Invoices for consultants/trainers/training providers must include: a description of services; dates of services; number of hours for services performed; rate charged; and the total cost of services. Rates must be within the prevailing rates; must be consistent with Subrecipient’s procurement policies and 2 CFR Part 200; and shall not exceed $650 per day per consultant/trainer/training provider unless AZDOHS grants prior written approval. This includes internal personnel hired on backfill/overtime to deliver training. Subrecipient will not be reimbursed costs other than travel, lodging, meals, and incidentals on travel days for consultants/trainers/training providers, at rates not to exceed State rates, and itemized receipts are required. See Travel Costs below, at Paragraph 12. 12.Travel Costs All grant funds expended for travel, lodging, meals and incidentals are subject to the standards of Subrecipient’s policies and procedures, and the State of Arizona Accounting Manual (https://gao.az.gov/publications/saam), which Subrecipient must apply uniformly to both Federally financed and its other activities. AZDOHS will reimburse at the most restrictive allowability and rates. At no time will Subrecipient’s reimbursements exceed the State rates established by the Arizona Department of Administration: https://gao.az.gov/travel. 13.Contractors/Subcontractors Subrecipient may enter into written subcontract(s) in accordance with 2 CFR Part 200 and the NOFO. No subcontract that the Subrecipient enters into relieves Subrecipient of any responsibilities under this Agreement. Subrecipient must give AZDOHS immediate notice in writing of any action filed or claim made against Subrecipient by any subcontractor or vendor. 14.Allowable Costs The allowability of costs incurred under this Agreement shall be determined by AZDOHS in its sole discretion and in accordance with the general principles and standards set forth in the CFR, FEMA Authorized Equipment List (https://www.fema.gov/grants/tools/authorized-equipment-list), and guidance documents (i.e. NOFO, Prepardeness Grants Manual, Information Bulletins). Subrecipient’s use of grant funds for indirect costs must be in accordance with 2 CFR Part 200 and the NOFO. Subrecipient must apply to AZDOHS for its written approval of indirect costs prior to expenditure. Subrecipient may not expend grant funds for Management and Administrative costs for administering such funds without prior written approval of AZDOHS. 15.Amendments Any change in this Agreement including but not limited to the Description of Services, Period of Performance and budget described herein, whether by modification or 22-AZDOHS-OPSG- Any unauthorized changes to this document will result in termination of this award. Version 1/31/2023 supplementation, must be accomplished by a formal Agreement amendment signed and approved by and between the duly authorized representatives of the Subrecipient and the AZDOHS. Any such amendment shall specify: 1) an effective date; 2) any increases or decreases in the amount of the Subrecipient’s reimbursement, if applicable; 3) be titled as an “Amendment,” and 4) be signed by the parties identified in the preceding paragraph. The Subrecipient expressly and explicitly understands and agrees that no other method of communication, including any other document, correspondence, act, or oral communication by or from any person, shall be used or construed as an amendment or modification or supplementation to this Agreement. 16.Audit/Monitoring a.Subrecipient must comply with the record-keeping and other requirements of ARS 35-214 and 35-215, and shall ensure that its contractors and subcontractors at all tiers also comply. b. Under 31 USC 7501-7507and 2 CFR 200.501, Subrecipient will be subject to audit per 2 CFR Part 200, if Subrecipient expended $750,000 or more in Federal awards in its previous fiscal year. If Subrecipient has met or exceeded this threshold, Subrecipient must submit to AZDOHS a copy of Subrecipient’s single audit or program specific audit report for the previous fiscal year (and for subsequent fiscal years that fall within the Period of Performance) annually, within 9 months of Subrecipient’s fiscal year end. Subrecipients not subject to this requirement must submit to AZDOHS via audits@azdohs.gov a statement that they do not meet the threshold and therefore do not have to complete a single audit or program specific audit. c.Failure of Subrecipient to comply with any requirements resulting from an audit will suspend reimbursement by AZDOHS to Subrecipient and Subrecipient will not be eligible for any new award, until Subrecipient is in complete compliance. AZDOHS will monitor Subrecipient to ensure that program goals, objectives, performance requirements, timelines, planned objectives, budgets, and all other related program criteria are being met. Subrecipient must comply with applicable provisions governing USDHS access to records, accounts, documents, information, facilities, and staff and must require any contractors, successors, transferees, and assignees to comply with these same provisions. Subrecipient must cooperate with any review or investigation conducted by USDHS and/or AZDOHS. Subrecipient must give USDHS and AZDOHS access to and the right to copy records, accounts, and other documents and sources of information related to the grant and permit access to facilities, personnel, and other individuals and information as deemed necessary by USDHS or AZDOHS. Subrecipient must submit timely, complete, and accurate reports to the appropriate USDHS and AZDOHS officials and maintain appropriate backup documentation. Subrecipient must comply with all reporting, data collection, and evaluation requirements prescribed by law or in program guidance. 17.Notice of Funding Opportunity (NOFO) Subrecipient must comply with the Notice of Funding Opportunity (NOFO). The terms of the NOFO are hereby incorporated into this Agreement. 18.National Incident Management System Subrecipient must remain in compliance with National Incident Management System implementation initiatives as provided in the NOFO. 19.Communications Equipment All Land Mobile Radio equipment purchased must comply with: (a) P25 (Project 25) standards (https://www.cisa.gov/safecom); (b) SAFECOM Guidance (https://www.cisa.gov/safecom); (c) Land Mobile Radio Minimum Equipment Standards as approved by the Statewide Interoperability Executive Committee (https://www.azdps.gov/services/government/swic); and (d) Arizona's State Interoperable Priority Programming Guide (https://www.azdps.gov/services/government/swic). 22-AZDOHS-OPSG- Any unauthorized changes to this document will result in termination of this award. Version 1/31/2023 20.Nonsupplanting Agreement Subrecipient must not use funds received under this Agreement to supplant Federal, State, Tribal or Local funds or other resources, and may be required to document this. If a position created by this Agreement is filled from within, the resulting vacancy must be filled within 30 days, and if not, Subrecipient must stop charging the grant for the new position; upon filling the vacancy, Subrecipient may resume charging for the position. A cost allocable to a particular Federal award provided for in 2 CFR Part 200 Subpart E may not be charged to other Federal awards to overcome fund deficiencies, to avoid restrictions imposed by Federal statutes, regulations, or terms and conditions of the Federal award(s), or any other reason. However, Subrecipient from may shift costs allowable under two or more Federal awards if allowed by Federal statute, regulation, or the terms of the Federal award(s). 21.E-Verify Subrecipient must comply with all State and Federal immigration laws and regulations relating to its employees and to employees of any contractor or subcontractor retained through Subrecipient to provide goods or services related to this Agreement, including but not limited to ARS 23-214(A) and ARS 41-4401. A breach of this obligation is a material breach of this Agreement and Subrecipient may be subject to penalties to be determined at AZDOHS’s discretion, up to and including termination of this Agreement. AZDOHS will have the right to inspect the papers of any Subrecipient employee who works on this Agreement, and to those of any employee of any contractor or subcontractor retained through Subrecipient. 22.Research and Development Subrecipient may not use funds obtained under this Agreement for research/development. 23.Funds Management Subrecipient must maintain funds received under this Agreement in separate accounts and cannot mix these funds with funds from other sources. Subrecipient must manage funds according to all applicable Federal regulations, including 2 CFR Part 200 and specifically 2 CFR 200.302. Subrecipient must maintain the following business systems: •Financial Management •Procurement •Personnel •Property •Travel To be adequate, a business system must be 1) complete and in writing; and 2) consistently followed – Subrecipient must apply it in all circumstances, regardless of funding source. 24.Reporting of Matters Related to Recipient Integrity and Performance If the total of Subrecipient’s currently active grants, cooperative agreements, and procurement contracts from all Federal assistance offices exceeds $10,000,000 at any time during the Period of Performance, Subrecipient must comply with Appendix XII to 2 CFR Part 200. 25. Nondiscrimination Subrecipient must comply with the following that apply to this Federally- funded program: a.29 USC 794, which bars discrimination against qualified handicapped individuals solely by reason of the handicap; b.42 USC 2000d et seq., 6 CFR Part 21, and 44 CFR Part 7, which bar discrimination on grounds of race, color, or national origin (which requires Subrecipient to take reasonable steps to provide accommodation to persons with Limited English Proficiency; Subrecipient must refer to the USDHS Guidance at https://www.dhs.gov/guidance-published-help- department-supported-organizations-provide-meaningful-access-people-limited and the resources at http://www.lep.gov); 22-AZDOHS-OPSG- Any unauthorized changes to this document will result in termination of this award. Version 1/31/2023 c.All State and Federal equal opportunity and non-discrimination requirements and conditions of employment, including but not limited to Arizona Executive Order 2009-9 (https://azgovernor.gov/governor/executive-order/2020-09) and 42 USC 12101-12213 (which bar discriminating on the basis of disability; d.42 USC 6101 et seq., which prohibits discrimination on the basis of age; e.The equal treatment policies and requirements contained in 6 CFR Part 19 and other applicable statutes, regulations, and guidance governing faith-based organizations; f.20 USC 1681 et seq. and 6 CFR Part 17 and 44 CFR Part 19, which bars discrimination on the basis of sex; and g.42 USC 3601 et seq. and 24 CFR Part 100, which prohibit discrimination in the sale, rental, financing, and advertising of dwellings, or in the provision of related services, on the basis of race, color, national origin, religion, disability, familial status, and sex. 26.Intellectual Property Subrecipient must affix the copyright notices required by 17 USC 401 and 402 and include an acknowledgement of Government sponsorship (including award number) to any work first produced under this Agreement. Unless otherwise provided by law, Subrecipient is subject to 35 USC 200-212 and is subject to the specific requirements governing the development, reporting, and disposition of rights to inventions and patents resulting from financial assistance awards that are in 37 CFR Part 401, including specifically 37 CFR 401.14. Subrecipient must obtain USDHS’s approval prior to using the USDHS seal(s), logos, crests or reproductions of flags or likenesses of USDHS agency officials. Subrecipient agrees that USDHS and AZDOHS have a royalty-free, non-exclusive, and irrevocable license to reproduce, publish, or otherwise use, and authorize others to use: (a) the copyright in any work developed under an award or sub-award; and (b) any rights of copyright to which Subrecipient purchases ownership with Federal support. Subrecipient must acknowledge its use of Federal funding when issuing statements, press releases, requests for proposals, bid invitations, and other documents describing programs funded in whole or in part with Federal funds. Subrecipient must not advertise or publish information for commercial benefit concerning this Agreement without the prior written approval of AZDOHS. 27.Activities Conducted Abroad Subrecipient must ensure that program activities carried on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained. 28.Federal Debt Status Subrecipient must not be delinquent on any Federal obligations, including but not limited to payroll and other taxes, audit disallowances, and benefit overpayments. See OMB Circular A-129 (https://fiscal.treasury.gov/files/dms/circ-a129-upd-0113.pdf). 29.Required Use of American Iron, Steel, Manufactured Products, and Construction Materials Subrecipients must comply with the Office of Management and Budget (OMB), Memorandum M- 22-11 (https://www.whitehouse.gov/wp-content/uploads/2022/04/M-22-11.pdf), which provides Initial Implementation Guidance on Application of Buy America Preference in Federal Financial Assistance Programs for Infrastructure. 30.Compliance with Certain Federal Statutes, Regulations, and Requirements a.Subrecipient must comply with the 31 USC 3729-3733, which prohibits the submission of false or fraudulent claims for payment to the Federal government; 31 USC 3801-3812 detail the remedies for false or fraudulent claims made. 22-AZDOHS-OPSG- Any unauthorized changes to this document will result in termination of this award. Version 1/31/2023 b.Subrecipient must comply with 42 USC 6201 et seq., which contain policies relating to energy efficiency that are defined in the State energy conservation plan issued c.Subrecipient must comply with the drug-free workplace requirements in 2 CFR Part 3001 and 41 USC 8101-8106. d.Subrecipient is prohibited from acquiring certain Chinese and Russian telecommunications equipment, systems, and services as provided in FEMA Policy #405-143- 1(https://www.fema.gov/sites/default/files/documents/fema_policy-405-143-1-prohibition- covered-services-equipment-gpd.pdf) ; 2 C.F.R. sections 200.216, 200.327, 200.471 and Appendix II to 2 C.F.R. Part 200; 48 CFR 4.2100 et seq.; 48 CFR 52.204-25; 48 CFR 52.212- 3; 48 C.F.R. 204.2100 et seq.; and 48 C.F.R. 252.204-7018 1. e.If grant funds are used for construction, Subrecipient and its contractors and subcontractors at all tiers must comply with the Davis-Bacon Act (40 USC 3141 et seq.). Subrecipients must obtain AZDOHS’ written approval before using Homeland Security Grant Program (“HSGP”) funds for construction/renovation per https://www.dol.gov/whd/govcontracts/dbra.htm. f.Subrecipient must maintain insurance coverage as provided in 2 CFR 200.310. Subrecipient must provide at least the equivalent insurance coverage for real property and equipment acquired or improved under this Agreement as provided to property owned by Subrecipient. g.Subrecipient must comply with 42 USC 6962, including procuring only items designated in the Environmental Protection Agency (“EPA”) guidelines at 40 CFR Part 247 as containing the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition. h.Subrecipient must comply with all Federal whistleblower protections, including 41 USC 4712. i.Subrecipient must comply with the PATRIOT Act, P.L. 107-56), including 18 USC 175-175c. j.Subrecipient must comply with the System for Award Management and Universal Identifier Requirements in 2 CFR, Appendix A to Part 25. k.Subrecipient must comply with the Trafficking Victims Protection Act, 22 USC 7101 et seq., as required by 2 CFR 175.15. l.Subrecipient must comply with US Executive Order 13224 (https://www.state.gov/executive- order-13224/) and all US laws that prohibit transactions with, and the provision of resources and support to, individuals and organizations associated with terrorism. m.Subrecipient must comply with the requirements on Reporting Subawards and Executive Compensation in Appendix A to 2 CFR Part 170. n.Subrecipient is subject to the debarment and suspension regulations in US Executive Order 12549 (https://www.archives.gov/federal-register/codification/executive-order/12549.html) and US Executive Order 12689 (https://www.gadoe.org/School-Improvement/Teacher-and- Leader-Effectiveness/Documents/Title%20II,%20Part%20A%20Documents/Guidance/WHEO %2012689%20Debarment%20and%20Suspension.pdf) and 2 CFR Part 180 and 2 CFR Part 3000. These restrict Federal awards, subawards, and contracts with parties debarred, suspended, or otherwise excluded from or ineligible for Federal programs or activities. o.If Subrecipient collects Personally Identifiable Information (“PII”), it must have a publically- available written policy stating its standards for the usage and maintenance of PII. PII is any 22-AZDOHS-OPSG- Any unauthorized changes to this document will result in termination of this award. Version 1/31/2023 information that permits the identity of an individual to be directly or indirectly inferred, including information linked or linkable to that individual. Subrecipient must follow USDHS guidance (https://www.dhs.gov/publication/privacy-impact-assessment-guidance). p.Subrecipient must complete either the Standard Form 424B Assurances - Non-Construction Programs (https://omb.report/icr/202011-0560-005CF), or Standard Form 424D Assurances - Construction Programs (https://omb.report/icr/200906-4040-008), as applicable. The USDHS financial assistance office (“USDHS FAO”) may determine that certain assurances in these documents may not apply, or may require additional assurances; Subrecipient must contact the USDHS FAO with any questions. Subrecipient must follow the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards in 2 CFR Part 200 and 2 CFR Part 3002. By entering into this Agreement, Subrecipient and its executives, as defined in 2 CFR 170.315, certify that Subrecipient’s policies comply with 2 CFR Part 200, all applicable Federal laws, and applicable guidance. q.Subrecipient must comply with the National Environmental Policy Act (“NEPA”) 42 USC 4321 et seq., and Council on Environmental Quality regulations (40 CFR Parts 1500-1508) regarding NEPA. r.Subrecipient must comply with 31 USC 1352, and may not use funds provided under this Agreement to pay any person to influence or attempt to influence an officer or employee of any government agency, Member of Congress, officer or employee of Congress, or an employee of a Member of Congress, relating in any way to a Federal award or contract. s.In accordance with 15 USC 2201 et seq. and 15 USC 2225a in particular, Subrecipient must ensure that all conference, meeting, convention, or training space funded in whole or in part with Federal funds complies with all applicable fire prevention and control guidelines. t.Subrecipient must comply with the International Air Transportation Fair Competitive Practices Act of 1974, 49 USC 40118, and the interpretative guidelines in Comptroller General Decision B-138942 (https://www.gao.gov/products/b-138942). 31.Applicability of Terms of this Agreement to Tribes If a term in this Agreement does not apply to Indian Tribes, or there is a Federal law or regulation exempting Indian Tribes, if Subrecipient is an Indian Tribe, this Agreement does not change or alter the inapplicability of such requirements. 32.Cancellation for Conflict of Interest AZDOHS may, by written notice to Subrecipient, immediately cancel this Agreement without penalty or further obligation pursuant to ARS 38-511 if any person significantly involved in initiating, negotiating, securing, drafting, or creating this Agreement for AZDOHS is an employee or agent of Subrecipient in any capacity, or a consultant to Subrecipient with respect to this Agreement’s subject matter. Cancellation shall be effective when Subrecipient receives AZDOHS’ written notice, unless the notice specifies a later time. 33.Assignment and Delegation Subrecipient may not assign any rights hereunder without an express written agreement signed by authorized representatives of both parties. 34.Third Party Antitrust Violations Subrecipient hereby assigns to the State of Arizona any claim for overcharges resulting from antitrust violations, to the extent that such violations concern materials or services supplied by third parties to Subrecipient toward fulfilling this Agreement. 35.Availability of Funds AZDOHS’ payment obligations under this Agreement are conditioned on the availability of funds appropriated or allocated for this purpose, per ARS 35-154. If funds are not allocated and available, AZDOHS may terminate this Agreement at the end of the period for which funds are available. No liability shall accrue to AZDOHS in the event this provision is exercised, and AZDOHS shall not be obligated or liable for any future payments or for any 22-AZDOHS-OPSG- Any unauthorized changes to this document will result in termination of this award. Version 1/31/2023 damages as a result of termination under this Paragraph, including purchases and/or contracts entered into by Subrecipient in the execution of this Agreement. 36.Force Majeure If either party is delayed or prevented from the performance of any act required in this Agreement by reason of acts of God, strikes, lockouts, labor disputes, civil disorder, or other causes without fault and beyond the control of the party obligated, performance of such act will be excused for the period of the delay. 37.Dispute Resolution In the event of a dispute regarding this Agreement, written notice must be provided to the other party within 30 calendar days of the relevant events. Any claim made by or against AZDOHS relating to this Agreement shall be resolved through the administrative claims process. The parties agree to resolve all disputes relating to this Agreement through arbitration, after exhausting applicable administrative review, to the extent required by ARS 12-1518 except as may be required by other applicable statutes. The forum for any dispute arising out of this Agreement shall be Maricopa County, Arizona. 38.Governing Law and Interpretation of This Agreement This Agreement is governed by the laws of the State of Arizona, without regard to its conflict of laws provisions. This Agreement is the parties’ complete agreement and replaces the parties’ prior and contemporaneous agreements, representations, and understandings pertaining to its subject matter, whether oral or written. No course of dealings or usage of the trade supplements or explains any terms. A party’s failure to insist on strict performance of any term is not a waiver of that term, even if the party accepting or acquiescing in the nonconforming performance knows the nature of the performance and fails to object. If any new legislation, laws, ordinances, or rules affect this Agreement, this Agreement automatically incorporates the terms of such legislation, laws, ordinances, or rules. Any term of this Agreement that is declared contrary to any current or future law, order, regulation, or rule, or that is otherwise invalid, shall be deemed stricken without impairing the validity of the remainder of this Agreement. In the event FEMA determines that changes are necessary to this Agreement after it has been entered into, including changes to Period of Performance or other terms, Subrecipient will be notified of the changes in writing; once notification is made, any subsequent request for funds by Subrecipient will constitute Subrecipient’s acceptance of the changes and will incorporate the changes into this Agreement. Except as expressly provided in this Paragraph, any amendment to or extension of this Agreement may be made only in a writing signed by authorized representatives of both parties. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Agreement. 39.Licensing Unless otherwise exempted by law, Subrecipient must obtain and maintain all licenses, permits, and authority necessary to perform its obligations under this Agreement. 40.Sectarian Requests Funds disbursed under this Agreement may not be used for any sectarian purpose or activity, including worship or instruction in violation of the US or Arizona Constitutions. 41.Closed-Captioning of Public Service Announcements Any television public service announcement funded in whole or in part by this Agreement must include closed captioning. 42.Indemnification Each party (as "Indemnitor") agrees to defend, indemnify, and hold harmless the other party (as "Indemnitee") from and against any and all claims, losses, liability, costs, or expenses (including reasonable attorney's fees) (hereinafter collectively referred to as "Claims") arising out of bodily injury to any person (including death) or property damage, but only to the extent such Claims which result in vicarious/derivative liability to the Indemnitee are caused by the act, omission, negligence, misconduct, or other fault of the Indemnitor, its officers, officials, agents, employees, or volunteers. The State of Arizona and AZDOHS are self-insured per ARS 22-AZDOHS-OPSG- Any unauthorized changes to this document will result in termination of this award. Version 1/31/2023 41-621. If Subrecipient utilizes contractor(s) and/or subcontractor(s), the indemnification clause between Subrecipient and contractor(s) and subcontractor(s) shall include the following: Contractor shall defend, indemnify, and hold harmless the Arizona Department of Homeland Security and the State of Arizona, and any jurisdiction or agency issuing any permits for any work arising out of this Agreement, and their departments, agencies, boards, commissions, universities, officers, officials, agents, and employees (hereinafter, “Indemnitee”) from and against any and all claims, actions, liabilities, damages, losses, or expenses (including court costs, attorneys’ fees, and costs of claim processing, investigation and litigation) (hereinafter referred to as “Claims”) for bodily injury or personal injury (including death), or loss or damage to tangible or intangible property caused, or alleged to be caused, in whole or in part, by the negligent or willful acts or omissions of the contractor or any of the directors, officers, agents, or employees or subcontractors of such contractor. This indemnity includes any claim or amount arising out of or recovered under the Workers’ Compensation Law or arising out of the failure of such contractor to conform to any Federal, State or Local law, statute, ordinance, rule, regulation or court decree. It is the specific intention of the parties that the Indemnitee shall, in all instances, except for Claims arising solely from the negligent or willful acts or omissions of the Indemnitee, be indemnified by such contractor from and against any and all claims. It is agreed that such contractor will be responsible for primary loss investigation, defense and judgment costs where this indemnification is applicable. Additionally on all applicable insurance policies, contractor and its subcontractors shall name the State of Arizona, and its departments, agencies, boards, commissions, universities, officers, officials, agents, and employees as an additional insured and also include a waiver of subrogation in favor of the State. 43.Termination Each party has the right to terminate this Agreement if the other party fails to comply with this Agreement. A party invoking the right to terminate shall provide written 30 day advance notice of all reasons for the termination. If Subrecipient chooses to terminate this Agreement before all deliverables have been delivered, AZDOHS has the right to recover all reimbursements made to Subrecipient. On termination, AZDOHS may procure, on terms that it deems appropriate, materials or services to replace those that otherwise would have been provided by Subrecipient, and Subrecipient will be liable to AZDOHS for all excess costs incurred by AZDOHS in procuring such materials or services. Subrecipient must continue to perform this Agreement until the date of termination, as directed in the termination notice. If AZDOHS reasonably believes Subrecipient does not intend to, or is unable to fully perform this Agreement, AZDOHS may demand in writing that Subrecipient give written assurance of its intent and ability to perform. If Subrecipient fails to provide written assurance within the time specified in the demand, AZDOHS may terminate this Agreement. 44.Paragraph Headings Paragraph headings in this Agreement are for convenience of reference only and do not define, limit, enlarge, or otherwise affect the interpretation of this Agreement. 45.Counterparts This Agreement may be executed in any number of counterparts, copies, or duplicate originals. Each such counterpart, copy, or duplicate original shall be deemed an original, and collectively they shall constitute one Agreement. 46.Authority to Execute This Agreement The person executing this Agreement on behalf of Subrecipient represents and warrants that he/she is duly authorized to do so. 47.Transfer of Funds Prohibition Subrecipient may not transfer funds between programs (e.g., State Homeland Security Program, Urban Area Security Initiative, Operation Stonegarden). 48. Parties This Agreement is for the benefit of AZDOHS and Subrecipient as the only parties to this Agreement, and to their respective successors, assigns, executors and legal representatives. 22-AZDOHS-OPSG- Any unauthorized changes to this document will result in termination of this award. Version 1/31/2023 Except as expressly provided in this Agreement, nothing in this Agreement confers on any person other than the parties and their respective successors and assigns, any rights, remedies, obligations, or liabilities. 49.Respective Responsibilities Except as expressly provided in this Agreement, each party agrees that, to the extent authorized by law, it will be responsible for its own acts or omissions and the results thereof and will not be responsible for the acts or omissions of the other party and the results thereof. In the event that either party becomes aware of any claim made by or expected from a claimant against a party to this Agreement, which claim relates to the subject matter of this Agreement, that party will immediately notify the other party, and the parties will share all information regarding such matter and cooperate with each other in addressing the matter. The parties are independent contractors, and nothing contained in this Agreement will create the relationship of partnership, joint venture, agency, or employment between the parties or any of their employees, officers, agents, or contractors. Each party hereby agrees to perform any further acts and to execute and deliver any documents that may be reasonably necessary to carry out the provisions of this Agreement. 50.Publicity Neither party shall use or mention in any publicity, advertising, promotional materials or news release the name or service mark(s) of the other party without the prior written consent of that party. 51.Notices All communications by either party to this Agreement, shall be in writing, be delivered in person, or shall be sent to the respective parties at the following addresses: Arizona Department of Homeland Security 1700 West Washington Street, Suite 210 Phoenix, AZ 85007 Subrecipient must address all notices relative to this Agreement to the appropriate AZDOHS staff; contact information is at www.azdohs.gov. AZDOHS shall address all notices relative to this Agreement to: Enter Title, First & Last Name Above Enter Agency Name Above Enter Street Address Above Enter City, State, ZIP Above 22-AZDOHS-OPSG- Any unauthorized changes to this document will result in termination of this award. Version 1/31/2023 Authorized Signature Above Susan Dzbanko, Interim Director Print Name & Title Above Enter Date Above Date (Complete and mail two original documents to the Arizona Department of Homeland Security.) 22-AZDOHS-OPSG- Any unauthorized changes to this document will result in termination of this award. Version 1/31/2023 IN WITNESS WHEREOF The parties hereto agree to execute this Agreement. Enter Agency Name Above FOR AND BEHALF OF THE FOR AND BEHALF OF THE Arizona Department of Homeland Security    Town Council Regular Session C. Meeting Date:04/19/2023   Requested by: Catherine Hendrix Submitted By:Catherine Hendrix, Police Department Department:Police Department SUBJECT: Resolution No. (R)23-15, delegating authority to the Oro Valley Chief of Police to sign and enter a subgrantee agreement between the Town of Oro Valley and the Arizona Department of Homeland Security to fund equipment under the Operation Stonegarden program RECOMMENDATION: Staff recommends approval. EXECUTIVE SUMMARY: For several years, the Arizona Department of Homeland Security (AZDOHS) has partnered with the Town of Oro Valley Police Department (OVPD), providing funding for Operation Stonegarden to include overtime and mileage, as well as the purchase of critical equipment. On March 6, 2023, OVPD was provided a notice awarding the funding for equipment. OVPD wishes to enter into a subgrantee agreement with AZDOHS to fund equipment for officers to be deployed under the Operation Stonegarden program. BACKGROUND OR DETAILED INFORMATION: The grant application was made in order to work in a regional partnership with other local law enforcement agencies and the U.S. Border Patrol Tucson Sector to reduce crime and improve the quality of life for the residents and visitors of Oro Valley. This grant will use targeted deployments of officers and canine units to impact the flow of smugglers engaged in human trafficking and illegal contraband, as well as possible terrorists who intend to cause harm or commit crimes against this nation. FISCAL IMPACT: The capacity exists in the current FY 22/23 budget and will be requested in the FY 23/24 budget to accept this grant award for a total of $70,000. SUGGESTED MOTION: I MOVE to (approve or deny) Resolution No. (R)23-15, authorizing and approving a subgrantee agreement between the Town of Oro Valley and the Arizona Department of Homeland Security to fund equipment under the Operation Stonegarden program. Attachments (R)23-15 Resolution Stonegarden Equipment  Stonegarden Equipment Agreement  RESOLUTION NO. (R)23-15 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, DELEGATING AUTHORITY TO THE ORO VALLEY CHIEF OF POLICE TO SIGN AND ENTER A SUBGRANTEE AGREEMENT BETWEEN THE TOWN OF ORO VALLEY AND THE ARIZONA DEPARTMENT OF HOMELAND SECURITY TO FUND EQUIPMENT UNDER THE OPERATION STONEGARDEN PROGRAM; AND DIRECTING THE TOWN MANAGER, TOWN CLERK, TOWN LEGAL SERVICES DIRECTOR, OR THEIR DULY AUTHORIZED OFFICERS AND AGENTS TO TAKE ALL STEPS NECESSARY TO CARRY OUT THE PURPOSES AND INTENT OF THIS RESOLUTION WHEREAS, the Arizona Department of Homeland Security (AZDOHS) requires participating jurisdictions to enter into a Subgrantee Agreement to receive the funds granted under the Operation Stonegarden Program; and WHEREAS, the Town of Oro Valley’s allocation under the grant is a maximum of $70,000 which will be used to fund equipment under the Operation Stonegarden Program for deployments with the U.S. Department of Homeland Security Bureau of Customs and Border Protection; and WHEREAS, it is in the best interest of the Town of Oro Valley to delegate authority to the Oro Valley Chief of Police to enter the Subgrantee Agreement (attached hereto as Exhibit “A” and incorporated herein by this reference) in order to receive funds which will be used to fund equipment under the Operation Stonegarden Program for deployments with the U.S. Department of Homeland Security Bureau of Customs and Border Protection. NOW THEREFORE BE IT RESOLVED by the Mayor and Town Council of the Town of Oro Valley, Arizona, that: SECTION 1. Authority is delegated to the Oro Valley Chief of Police to enter the Subgrantee Agreement between the Town of Oro Valley, for the benefit of the Oro Valley Police Department, and the Arizona Department of Homeland Security, attached hereto as Exhibit “A” and incorporated herein by this reference, to fund equipment under the Operation Stonegarden Program for deployments with the U.S. Department of Homeland Security Bureau of Customs and Border Protection. SECTION 2. 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 3. 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 4. If any section, subsection, sentence, clause, phrase or portion of this Resolution, or the Subgrantee 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 19th day of April, 2023. TOWN OF ORO VALLEY, ARIZONA Joseph C. Winfield, Mayor ATTEST: APPROVED AS TO FORM: Michael Standish, Town Clerk Tobin Sidles, Legal Services Director Date: Date: EXHIBIT “A” SUBRECIPIENT AGREEMENT OPERATION STONEGARDEN GRANT PROGRAM - EQUIPMENT 22-AZDOHS-OPSG- (Enter Subrecipient Agreement number above (e.g., 220XXX-XX) Between The Arizona Department of Homeland Security And UEI Number___________ (Enter the UEI number above) WHEREAS, A.R.S. section 41-4254 charges the Arizona Department of Homeland Security (AZDOHS) with the responsibility of administering funds. THEREFORE, it is agreed that the AZDOHS shall provide funding to the (Subrecipient) for services under the terms of this Agreement (the “Agreement”). 1.Purpose of Agreement The purpose of this Agreement is to specify the rights and responsibilities of AZDOHS in administering the distribution of homeland security grant funds to the Subrecipient, and to specify the rights and responsibilities of the Subrecipient as the recipient of these funds. 2.Period of Performance This Agreement shall become effective on March 6, 2023 and shall terminate on March 31, 2024. The obligations of the Subrecipient as described herein will survive termination of this agreement. 3.Description of Services The Subrecipient shall provide the services for AZDOHS as set forth inwriting in Subrecipient’s grant application titled: “OPSG EQUIPMENT" and funded___________ (as may have been modified by the award letter)(Enter funded award amount above) 4.Financing and Fiscal Responsibility Under US Department of Homeland Security (“USDHS”) grant #EMW-2022-SS-00010-S01 and Catalog of Federal Domestic Assistance (“CFDA”) #97.067, AZDOHS shall provide up to _____________ to Subrecipient under this Agreement. Payment to Subrecipient must be on a reimbursement basis only, conditioned upon Subrecipient providing AZDOHS with proof of payment and applicable, accurate and complete reimbursement documents, as deemed necessary by AZDOHS. A list of acceptable documentation is at www.azdohs.gov. Payments are contingent on Subrecipient performing all its obligations under this Agreement. Subrecipient may use the funds provided under this Agreement only as provided in the application and award documentation. If Subrecipient does not complete all its obligations, Subrecipient must immediately reimburse all previously-provided funds to AZDOHS. If Subrecipient Agreement. Payment to Subrecipient must be on a reimbursement basis only, conditioned upon Subrecipient providing AZDOHS with proof of payment and applicable, accurate and complete reimbursement documents, as deemed necessary by AZDOHS. A list of acceptable documentation is at www.azdohs.gov. Payments are contingent on Subrecipient performing all its obligations under this Agreement. Subrecipient may use the funds provided under this Agreement only as provided in the application and award documentation. If Subrecipient does not complete all its obligations, Subrecipient must immediately reimburse all previously-provided funds to AZDOHS. If Subrecipient completes its obligations at a lower than the budgeted cost, the amount reimbursed to Subrecipient will be only the amount actually spent by Subrecipient in accordance with the approved application. For any expenditure disallowed after or otherwise by AZDOHS, or the State or Federal government, Subrecipient must immediately reimburse such funds to AZDOHS. 22-AZDOHS-OPSG- Any unauthorized changes to this document will result in termination of this award. Version 1/31/2023 completes its obligations at a lower than the budgeted cost, the amount reimbursed to Subrecipient will be only the amount actually spent by Subrecipient in accordance with the approved application. For any expenditure disallowed after or otherwise by AZDOHS, or the State or Federal government, Subrecipient must immediately reimburse such funds to AZDOHS. 5.Reporting Requirements Subrecipient must submit quarterly programmatic reports to AZDOHS as follows: January 15 (for the period from October 1– December 31) April 15 (for the period from January 1 – March 31) July 15 (for the period from April 1 – June 30) October 15 (for the period from July 1 – September 30) Subrecipient must use the Quarterly Programmatic Report form (https://azdohs.gov/grant- program-forms) for these reports. Subrecipient must provide detailed information on the status of completion of the planned activities in the approved application satisfactory to AZDOHS in its sole discretion. Failure to adequately provide such information will result in the Quarterly Programmatic Report being rejected by AZDOHS and resubmission will be required. If the program has been fully completed so that there will be no further updates, then the quarterly report for the quarter in which the program was completed will be the final report; the report should be marked as “final” and must include all pertinent information regarding the program as determined solely by AZDOHS. Final Quarterly Programmatic Report: The final quarterly programmatic report is due no more than 15 calendar days after the end of the performance period. Subrecipient may submit a final quarterly report prior to the end of the performance period if the scope of the project has been fully completed and implemented. The Property Control Form is due with the final quarterly report (if applicable). 6.Reimbursements Subrecipient must provide AZDOHS with requests for reimbursement as frequently as monthly but not less than quarterly; submissions must be made via US Mail, delivery service (FedEx, UPS, etc.) or in person; submissions via fax or by any electronic means will not be accepted. Reimbursement requests shall be submitted with the Reimbursement Form provided by AZDOHS staff. AZDOHS has the right to require Subrecipient to provide any documentation and/or information AZDOHS deems necessary to process submissions. Reimbursement requests are only required when expenses have been incurred. The Subrecipient shall submit a final reimbursement request, marked as such, for expenses received and invoiced prior to the end of the period of performance. The final reimbursement must be received by AZDOHS no more than 45 calendar days after the end of the period of performance. Requests for reimbursement received by AZDOHS later than 45 calendar days after the end of the period of performance will not be paid. Subrecipients will only be reimbursed for expenses that have been obligated, expended and received within the authorized Period of Performance as identified in Paragraph 2 of this Agreement. Subrecipients are not authorized to obligate or expend funds prior to the start date of the Period of Performance. Any expenses obligated or expended prior to the Period of Performance start date will be deemed unallowable and will not be reimbursed. Any expenses/services that occur beyond the Period of Performance (e.g. cell phone service) will be deemed unallowable and will not be reimbursed. 7.Environmental Planning and Historic Preservation Subrecipient must comply with Federal, State and Local environmental and historical preservation (EHP) regulations, laws and Executive 22-AZDOHS-OPSG- Any unauthorized changes to this document will result in termination of this award. Version 1/31/2023 Orders as applicable. See https://www.fema.gov/media-library-data/1533321728657- 592e122ade85743d1760fd4747241776/GPD_EHP_Policy_Final Amendment_GPD_final_508.pdf and https://azdohs.gov/environmental-and-historic-preservation-ehp. Subrecipients proposing programs with potential environmental impact must participate in the USDHS/Federal Emergency Management Agency (FEMA) EHP review process. Subrecipient must complete the EHP review process before funds will be released by AZDOHS. If Subrecipient engages in ground disturbing activities, Subrecipient must monitor ground disturbance. If archeological resources are discovered, Subrecipient must immediately (a) cease construction and (b) notify FEMA, AZDOHS, and the Arizona State Historic Preservation Office. AZDOHS/DHS/FEMA will not fund or reimburse projects that are initiated without the required EHP review. 8.Procurement (including Noncompetitive Procurement) Subrecipient must comply with its procurement rules/policies, all Federal procurement rules/policies, and all Arizona Procurement Code provisions and rules, the most restrictive of which will apply. Subrecipient must not enter into a noncompetitive procurement unless AZDOHS grants prior written approval via the Noncompetitive Procurement Request form at https://azdohs.gov/grant-program -forms. 9.Property Control Subrecipient must safeguard and maintain control and accountability for all property/equipment purchased under this Agreement, and Subrecipient must assure that it is used only for purposed authorized under this Agreement and maintained as provided in 2 CFR 200.313. Such property/equipment shall be used by Subrecipient in the program for which it was acquired as long as needed, whether or not the program continues to be supported by Federal grant funds. Subrecipient must immediately investigate and report to AZDOHS any loss, damage, or theft. Subrecipient must replace any property/equipment lost, damaged or stolen at Subrecipient’s expense, and must immediately submit an updated Property Control Form (https://azdohs.gov/grant-program-forms) to AZDOHS. “Nonexpendable Property/Equipment” is property that has a continuing use, is not consumed in use, has an expected life of one year or more, costs $5,000 or more per unit, and does not become a fixture or lose its identity as a component of other equipment/systems, while a “Capital Asset” is personal or real property or a fixture costing $5,000 or more per unit with an expected life of one year or more. Subrecipient is solely responsible for the proper maintenance of all Nonexpendable Property/Equipment and Capital Assets acquired under this Agreement Subrecipient must take a physical inventory of all such Nonexpendable Property/Equipment and Capital Assets and reconcile the results with the Property Control Form at least once every two years. Subrecipient must maintain a control system to prevent loss, damage, or theft of such Nonexpendable Property/Equipment and Capital Assets, and Subrecipient must immediately report any loss, damage, or theft to AZDOHS. A Property Control Form (if applicable) shall be maintained for the entire scope of the program or project for which property was acquired through the end of its useful life and/or disposition. All Nonexpendable Property and Capital Assets must be included on the Property Control Form. The Subrecipient, if applicable, shall provide AZDOHS a copy of the Property Control Form with the final quarterly programmatic report. The Property Control Form can be located at https://azdohs.gov/grant-program-forms. The Subrecipient agrees to be subject to equipment monitoring and auditing by state or federal authorized representatives to verify information. When Subrecipient is no longer using Nonexpendable Property/Equipment and/or Capital Assets acquired under this Agreement on the program, Subrecipient must immediately submit an updated Property Control Form to AZDOHS, and any disposition must be in compliance with AZDOHS Disposition Guidance (https://azdohs.gov/grant-program-forms) and 2 CFR Part 200, including specifically 2 CFR 200.313. If Subrecipient seeks disposition of such Nonexpendable Property/Equipment or Capital Assets for any reason other than theft, destruction, or loss, Subrecipient must submit an Equipment Disposition Request Form (https://azdohs.gov/grant- program-forms) to AZDOHS and receive approval from AZDOHS prior to disposition. 22-AZDOHS-OPSG- Any unauthorized changes to this document will result in termination of this award. Version 1/31/2023 Subrecipient must update the Property Control Form and provide a copy to AZDOHS within 45 calendar days after disposition. Per 2 CFR 200.333(c), Subrecipient must retain all records relating to such Nonexpendable Property/Equipment and Capital Assets for 3 years after disposition. 10.Training and Exercise All training and/or exercise events must be included in Subrecipient’s application. Alternate/additional training/exercise requests must be approved in advance by AZDOHS. Subrecipient must submit a Project Modification Request Form (https://azdohs.gov/grant-program-forms) for review and approval by AZDOHS prior to scheduling alternate/additional training/exercise events. For those projects that are managed by DEMA, alternate/additional training requests must be approved in advance by DEMA and AZDOHS using the Pre-approval form (https://dema.az.gov/emergency-management/preparedness/training). All exercises must comply with FEMA Homeland Security Exercise and Evaluation Program (https://www.fema.gov/emergency-managers/national-preparedness/exercises/hseep; “HSEEP”) guidance. Subrecipient will (a) Submit an exercise summary and attendance/sign-in roster; and (b) Email the After Action Report/Improvement Plan to the local County Emergency Manager, AZDOHS, and the DEMA Exercise Branch, within 90 days of completion of an exercise or as prescribed by HSEEP. 11.Consultants/Trainers/Training Providers Invoices for consultants/trainers/training providers must include: a description of services; dates of services; number of hours for services performed; rate charged; and the total cost of services. Rates must be within the prevailing rates; must be consistent with Subrecipient’s procurement policies and 2 CFR Part 200; and shall not exceed $650 per day per consultant/trainer/training provider unless AZDOHS grants prior written approval. This includes internal personnel hired on backfill/overtime to deliver training. Subrecipient will not be reimbursed costs other than travel, lodging, meals, and incidentals on travel days for consultants/trainers/training providers, at rates not to exceed State rates, and itemized receipts are required. See Travel Costs below, at Paragraph 12. 12.Travel Costs All grant funds expended for travel, lodging, meals and incidentals are subject to the standards of Subrecipient’s policies and procedures, and the State of Arizona Accounting Manual (https://gao.az.gov/publications/saam), which Subrecipient must apply uniformly to both Federally financed and its other activities. AZDOHS will reimburse at the most restrictive allowability and rates. At no time will Subrecipient’s reimbursements exceed the State rates established by the Arizona Department of Administration: https://gao.az.gov/travel. 13.Contractors/Subcontractors Subrecipient may enter into written subcontract(s) in accordance with 2 CFR Part 200 and the NOFO. No subcontract that the Subrecipient enters into relieves Subrecipient of any responsibilities under this Agreement. Subrecipient must give AZDOHS immediate notice in writing of any action filed or claim made against Subrecipient by any subcontractor or vendor. 14.Allowable Costs The allowability of costs incurred under this Agreement shall be determined by AZDOHS in its sole discretion and in accordance with the general principles and standards set forth in the CFR, FEMA Authorized Equipment List (https://www.fema.gov/grants/tools/authorized-equipment-list), and guidance documents (i.e. NOFO, Prepardeness Grants Manual, Information Bulletins). Subrecipient’s use of grant funds for indirect costs must be in accordance with 2 CFR Part 200 and the NOFO. Subrecipient must apply to AZDOHS for its written approval of indirect costs prior to expenditure. Subrecipient may not expend grant funds for Management and Administrative costs for administering such funds without prior written approval of AZDOHS. 15.Amendments Any change in this Agreement including but not limited to the Description of Services, Period of Performance and budget described herein, whether by modification or 22-AZDOHS-OPSG- Any unauthorized changes to this document will result in termination of this award. Version 1/31/2023 supplementation, must be accomplished by a formal Agreement amendment signed and approved by and between the duly authorized representatives of the Subrecipient and the AZDOHS. Any such amendment shall specify: 1) an effective date; 2) any increases or decreases in the amount of the Subrecipient’s reimbursement, if applicable; 3) be titled as an “Amendment,” and 4) be signed by the parties identified in the preceding paragraph. The Subrecipient expressly and explicitly understands and agrees that no other method of communication, including any other document, correspondence, act, or oral communication by or from any person, shall be used or construed as an amendment or modification or supplementation to this Agreement. 16.Audit/Monitoring a.Subrecipient must comply with the record-keeping and other requirements of ARS 35-214 and 35-215, and shall ensure that its contractors and subcontractors at all tiers also comply. b. Under 31 USC 7501-7507and 2 CFR 200.501, Subrecipient will be subject to audit per 2 CFR Part 200, if Subrecipient expended $750,000 or more in Federal awards in its previous fiscal year. If Subrecipient has met or exceeded this threshold, Subrecipient must submit to AZDOHS a copy of Subrecipient’s single audit or program specific audit report for the previous fiscal year (and for subsequent fiscal years that fall within the Period of Performance) annually, within 9 months of Subrecipient’s fiscal year end. Subrecipients not subject to this requirement must submit to AZDOHS via audits@azdohs.gov a statement that they do not meet the threshold and therefore do not have to complete a single audit or program specific audit. c.Failure of Subrecipient to comply with any requirements resulting from an audit will suspend reimbursement by AZDOHS to Subrecipient and Subrecipient will not be eligible for any new award, until Subrecipient is in complete compliance. AZDOHS will monitor Subrecipient to ensure that program goals, objectives, performance requirements, timelines, planned objectives, budgets, and all other related program criteria are being met. Subrecipient must comply with applicable provisions governing USDHS access to records, accounts, documents, information, facilities, and staff and must require any contractors, successors, transferees, and assignees to comply with these same provisions. Subrecipient must cooperate with any review or investigation conducted by USDHS and/or AZDOHS. Subrecipient must give USDHS and AZDOHS access to and the right to copy records, accounts, and other documents and sources of information related to the grant and permit access to facilities, personnel, and other individuals and information as deemed necessary by USDHS or AZDOHS. Subrecipient must submit timely, complete, and accurate reports to the appropriate USDHS and AZDOHS officials and maintain appropriate backup documentation. Subrecipient must comply with all reporting, data collection, and evaluation requirements prescribed by law or in program guidance. 17.Notice of Funding Opportunity (NOFO) Subrecipient must comply with the Notice of Funding Opportunity (NOFO). The terms of the NOFO are hereby incorporated into this Agreement. 18.National Incident Management System Subrecipient must remain in compliance with National Incident Management System implementation initiatives as provided in the NOFO. 19.Communications Equipment All Land Mobile Radio equipment purchased must comply with: (a) P25 (Project 25) standards (https://www.cisa.gov/safecom); (b) SAFECOM Guidance (https://www.cisa.gov/safecom); (c) Land Mobile Radio Minimum Equipment Standards as approved by the Statewide Interoperability Executive Committee (https://www.azdps.gov/services/government/swic); and (d) Arizona's State Interoperable Priority Programming Guide (https://www.azdps.gov/services/government/swic). 22-AZDOHS-OPSG- Any unauthorized changes to this document will result in termination of this award. Version 1/31/2023 20.Nonsupplanting Agreement Subrecipient must not use funds received under this Agreement to supplant Federal, State, Tribal or Local funds or other resources, and may be required to document this. If a position created by this Agreement is filled from within, the resulting vacancy must be filled within 30 days, and if not, Subrecipient must stop charging the grant for the new position; upon filling the vacancy, Subrecipient may resume charging for the position. A cost allocable to a particular Federal award provided for in 2 CFR Part 200 Subpart E may not be charged to other Federal awards to overcome fund deficiencies, to avoid restrictions imposed by Federal statutes, regulations, or terms and conditions of the Federal award(s), or any other reason. However, Subrecipient from may shift costs allowable under two or more Federal awards if allowed by Federal statute, regulation, or the terms of the Federal award(s). 21.E-Verify Subrecipient must comply with all State and Federal immigration laws and regulations relating to its employees and to employees of any contractor or subcontractor retained through Subrecipient to provide goods or services related to this Agreement, including but not limited to ARS 23-214(A) and ARS 41-4401. A breach of this obligation is a material breach of this Agreement and Subrecipient may be subject to penalties to be determined at AZDOHS’s discretion, up to and including termination of this Agreement. AZDOHS will have the right to inspect the papers of any Subrecipient employee who works on this Agreement, and to those of any employee of any contractor or subcontractor retained through Subrecipient. 22.Research and Development Subrecipient may not use funds obtained under this Agreement for research/development. 23.Funds Management Subrecipient must maintain funds received under this Agreement in separate accounts and cannot mix these funds with funds from other sources. Subrecipient must manage funds according to all applicable Federal regulations, including 2 CFR Part 200 and specifically 2 CFR 200.302. Subrecipient must maintain the following business systems: •Financial Management •Procurement •Personnel •Property •Travel To be adequate, a business system must be 1) complete and in writing; and 2) consistently followed – Subrecipient must apply it in all circumstances, regardless of funding source. 24.Reporting of Matters Related to Recipient Integrity and Performance If the total of Subrecipient’s currently active grants, cooperative agreements, and procurement contracts from all Federal assistance offices exceeds $10,000,000 at any time during the Period of Performance, Subrecipient must comply with Appendix XII to 2 CFR Part 200. 25. Nondiscrimination Subrecipient must comply with the following that apply to this Federally- funded program: a.29 USC 794, which bars discrimination against qualified handicapped individuals solely by reason of the handicap; b.42 USC 2000d et seq., 6 CFR Part 21, and 44 CFR Part 7, which bar discrimination on grounds of race, color, or national origin (which requires Subrecipient to take reasonable steps to provide accommodation to persons with Limited English Proficiency; Subrecipient must refer to the USDHS Guidance at https://www.dhs.gov/guidance-published-help- department-supported-organizations-provide-meaningful-access-people-limited and the resources at http://www.lep.gov); 22-AZDOHS-OPSG- Any unauthorized changes to this document will result in termination of this award. Version 1/31/2023 c.All State and Federal equal opportunity and non-discrimination requirements and conditions of employment, including but not limited to Arizona Executive Order 2009-9 (https://azgovernor.gov/governor/executive-order/2020-09) and 42 USC 12101-12213 (which bar discriminating on the basis of disability; d.42 USC 6101 et seq., which prohibits discrimination on the basis of age; e.The equal treatment policies and requirements contained in 6 CFR Part 19 and other applicable statutes, regulations, and guidance governing faith-based organizations; f.20 USC 1681 et seq. and 6 CFR Part 17 and 44 CFR Part 19, which bars discrimination on the basis of sex; and g.42 USC 3601 et seq. and 24 CFR Part 100, which prohibit discrimination in the sale, rental, financing, and advertising of dwellings, or in the provision of related services, on the basis of race, color, national origin, religion, disability, familial status, and sex. 26.Intellectual Property Subrecipient must affix the copyright notices required by 17 USC 401 and 402 and include an acknowledgement of Government sponsorship (including award number) to any work first produced under this Agreement. Unless otherwise provided by law, Subrecipient is subject to 35 USC 200-212 and is subject to the specific requirements governing the development, reporting, and disposition of rights to inventions and patents resulting from financial assistance awards that are in 37 CFR Part 401, including specifically 37 CFR 401.14. Subrecipient must obtain USDHS’s approval prior to using the USDHS seal(s), logos, crests or reproductions of flags or likenesses of USDHS agency officials. Subrecipient agrees that USDHS and AZDOHS have a royalty-free, non-exclusive, and irrevocable license to reproduce, publish, or otherwise use, and authorize others to use: (a) the copyright in any work developed under an award or sub-award; and (b) any rights of copyright to which Subrecipient purchases ownership with Federal support. Subrecipient must acknowledge its use of Federal funding when issuing statements, press releases, requests for proposals, bid invitations, and other documents describing programs funded in whole or in part with Federal funds. Subrecipient must not advertise or publish information for commercial benefit concerning this Agreement without the prior written approval of AZDOHS. 27.Activities Conducted Abroad Subrecipient must ensure that program activities carried on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained. 28.Federal Debt Status Subrecipient must not be delinquent on any Federal obligations, including but not limited to payroll and other taxes, audit disallowances, and benefit overpayments. See OMB Circular A-129 (https://fiscal.treasury.gov/files/dms/circ-a129-upd-0113.pdf). 29.Required Use of American Iron, Steel, Manufactured Products, and Construction Materials Subrecipients must comply with the Office of Management and Budget (OMB), Memorandum M- 22-11 (https://www.whitehouse.gov/wp-content/uploads/2022/04/M-22-11.pdf), which provides Initial Implementation Guidance on Application of Buy America Preference in Federal Financial Assistance Programs for Infrastructure. 30.Compliance with Certain Federal Statutes, Regulations, and Requirements a.Subrecipient must comply with the 31 USC 3729-3733, which prohibits the submission of false or fraudulent claims for payment to the Federal government; 31 USC 3801-3812 detail the remedies for false or fraudulent claims made. 22-AZDOHS-OPSG- Any unauthorized changes to this document will result in termination of this award. Version 1/31/2023 b.Subrecipient must comply with 42 USC 6201 et seq., which contain policies relating to energy efficiency that are defined in the State energy conservation plan issued c.Subrecipient must comply with the drug-free workplace requirements in 2 CFR Part 3001 and 41 USC 8101-8106. d.Subrecipient is prohibited from acquiring certain Chinese and Russian telecommunications equipment, systems, and services as provided in FEMA Policy #405-143- 1(https://www.fema.gov/sites/default/files/documents/fema_policy-405-143-1-prohibition- covered-services-equipment-gpd.pdf) ; 2 C.F.R. sections 200.216, 200.327, 200.471 and Appendix II to 2 C.F.R. Part 200; 48 CFR 4.2100 et seq.; 48 CFR 52.204-25; 48 CFR 52.212- 3; 48 C.F.R. 204.2100 et seq.; and 48 C.F.R. 252.204-7018 1. e.If grant funds are used for construction, Subrecipient and its contractors and subcontractors at all tiers must comply with the Davis-Bacon Act (40 USC 3141 et seq.). Subrecipients must obtain AZDOHS’ written approval before using Homeland Security Grant Program (“HSGP”) funds for construction/renovation per https://www.dol.gov/whd/govcontracts/dbra.htm. f.Subrecipient must maintain insurance coverage as provided in 2 CFR 200.310. Subrecipient must provide at least the equivalent insurance coverage for real property and equipment acquired or improved under this Agreement as provided to property owned by Subrecipient. g.Subrecipient must comply with 42 USC 6962, including procuring only items designated in the Environmental Protection Agency (“EPA”) guidelines at 40 CFR Part 247 as containing the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition. h.Subrecipient must comply with all Federal whistleblower protections, including 41 USC 4712. i.Subrecipient must comply with the PATRIOT Act, P.L. 107-56), including 18 USC 175-175c. j.Subrecipient must comply with the System for Award Management and Universal Identifier Requirements in 2 CFR, Appendix A to Part 25. k.Subrecipient must comply with the Trafficking Victims Protection Act, 22 USC 7101 et seq., as required by 2 CFR 175.15. l.Subrecipient must comply with US Executive Order 13224 (https://www.state.gov/executive- order-13224/) and all US laws that prohibit transactions with, and the provision of resources and support to, individuals and organizations associated with terrorism. m.Subrecipient must comply with the requirements on Reporting Subawards and Executive Compensation in Appendix A to 2 CFR Part 170. n.Subrecipient is subject to the debarment and suspension regulations in US Executive Order 12549 (https://www.archives.gov/federal-register/codification/executive-order/12549.html) and US Executive Order 12689 (https://www.gadoe.org/School-Improvement/Teacher-and- Leader-Effectiveness/Documents/Title%20II,%20Part%20A%20Documents/Guidance/WHEO %2012689%20Debarment%20and%20Suspension.pdf) and 2 CFR Part 180 and 2 CFR Part 3000. These restrict Federal awards, subawards, and contracts with parties debarred, suspended, or otherwise excluded from or ineligible for Federal programs or activities. o.If Subrecipient collects Personally Identifiable Information (“PII”), it must have a publically- available written policy stating its standards for the usage and maintenance of PII. PII is any 22-AZDOHS-OPSG- Any unauthorized changes to this document will result in termination of this award. Version 1/31/2023 information that permits the identity of an individual to be directly or indirectly inferred, including information linked or linkable to that individual. Subrecipient must follow USDHS guidance (https://www.dhs.gov/publication/privacy-impact-assessment-guidance). p.Subrecipient must complete either the Standard Form 424B Assurances - Non-Construction Programs (https://omb.report/icr/202011-0560-005CF), or Standard Form 424D Assurances - Construction Programs (https://omb.report/icr/200906-4040-008), as applicable. The USDHS financial assistance office (“USDHS FAO”) may determine that certain assurances in these documents may not apply, or may require additional assurances; Subrecipient must contact the USDHS FAO with any questions. Subrecipient must follow the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards in 2 CFR Part 200 and 2 CFR Part 3002. By entering into this Agreement, Subrecipient and its executives, as defined in 2 CFR 170.315, certify that Subrecipient’s policies comply with 2 CFR Part 200, all applicable Federal laws, and applicable guidance. q.Subrecipient must comply with the National Environmental Policy Act (“NEPA”) 42 USC 4321 et seq., and Council on Environmental Quality regulations (40 CFR Parts 1500-1508) regarding NEPA. r.Subrecipient must comply with 31 USC 1352, and may not use funds provided under this Agreement to pay any person to influence or attempt to influence an officer or employee of any government agency, Member of Congress, officer or employee of Congress, or an employee of a Member of Congress, relating in any way to a Federal award or contract. s.In accordance with 15 USC 2201 et seq. and 15 USC 2225a in particular, Subrecipient must ensure that all conference, meeting, convention, or training space funded in whole or in part with Federal funds complies with all applicable fire prevention and control guidelines. t.Subrecipient must comply with the International Air Transportation Fair Competitive Practices Act of 1974, 49 USC 40118, and the interpretative guidelines in Comptroller General Decision B-138942 (https://www.gao.gov/products/b-138942). 31.Applicability of Terms of this Agreement to Tribes If a term in this Agreement does not apply to Indian Tribes, or there is a Federal law or regulation exempting Indian Tribes, if Subrecipient is an Indian Tribe, this Agreement does not change or alter the inapplicability of such requirements. 32.Cancellation for Conflict of Interest AZDOHS may, by written notice to Subrecipient, immediately cancel this Agreement without penalty or further obligation pursuant to ARS 38-511 if any person significantly involved in initiating, negotiating, securing, drafting, or creating this Agreement for AZDOHS is an employee or agent of Subrecipient in any capacity, or a consultant to Subrecipient with respect to this Agreement’s subject matter. Cancellation shall be effective when Subrecipient receives AZDOHS’ written notice, unless the notice specifies a later time. 33.Assignment and Delegation Subrecipient may not assign any rights hereunder without an express written agreement signed by authorized representatives of both parties. 34.Third Party Antitrust Violations Subrecipient hereby assigns to the State of Arizona any claim for overcharges resulting from antitrust violations, to the extent that such violations concern materials or services supplied by third parties to Subrecipient toward fulfilling this Agreement. 35.Availability of Funds AZDOHS’ payment obligations under this Agreement are conditioned on the availability of funds appropriated or allocated for this purpose, per ARS 35-154. If funds are not allocated and available, AZDOHS may terminate this Agreement at the end of the period for which funds are available. No liability shall accrue to AZDOHS in the event this provision is exercised, and AZDOHS shall not be obligated or liable for any future payments or for any 22-AZDOHS-OPSG- Any unauthorized changes to this document will result in termination of this award. Version 1/31/2023 damages as a result of termination under this Paragraph, including purchases and/or contracts entered into by Subrecipient in the execution of this Agreement. 36.Force Majeure If either party is delayed or prevented from the performance of any act required in this Agreement by reason of acts of God, strikes, lockouts, labor disputes, civil disorder, or other causes without fault and beyond the control of the party obligated, performance of such act will be excused for the period of the delay. 37.Dispute Resolution In the event of a dispute regarding this Agreement, written notice must be provided to the other party within 30 calendar days of the relevant events. Any claim made by or against AZDOHS relating to this Agreement shall be resolved through the administrative claims process. The parties agree to resolve all disputes relating to this Agreement through arbitration, after exhausting applicable administrative review, to the extent required by ARS 12-1518 except as may be required by other applicable statutes. The forum for any dispute arising out of this Agreement shall be Maricopa County, Arizona. 38.Governing Law and Interpretation of This Agreement This Agreement is governed by the laws of the State of Arizona, without regard to its conflict of laws provisions. This Agreement is the parties’ complete agreement and replaces the parties’ prior and contemporaneous agreements, representations, and understandings pertaining to its subject matter, whether oral or written. No course of dealings or usage of the trade supplements or explains any terms. A party’s failure to insist on strict performance of any term is not a waiver of that term, even if the party accepting or acquiescing in the nonconforming performance knows the nature of the performance and fails to object. If any new legislation, laws, ordinances, or rules affect this Agreement, this Agreement automatically incorporates the terms of such legislation, laws, ordinances, or rules. Any term of this Agreement that is declared contrary to any current or future law, order, regulation, or rule, or that is otherwise invalid, shall be deemed stricken without impairing the validity of the remainder of this Agreement. In the event FEMA determines that changes are necessary to this Agreement after it has been entered into, including changes to Period of Performance or other terms, Subrecipient will be notified of the changes in writing; once notification is made, any subsequent request for funds by Subrecipient will constitute Subrecipient’s acceptance of the changes and will incorporate the changes into this Agreement. Except as expressly provided in this Paragraph, any amendment to or extension of this Agreement may be made only in a writing signed by authorized representatives of both parties. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Agreement. 39.Licensing Unless otherwise exempted by law, Subrecipient must obtain and maintain all licenses, permits, and authority necessary to perform its obligations under this Agreement. 40.Sectarian Requests Funds disbursed under this Agreement may not be used for any sectarian purpose or activity, including worship or instruction in violation of the US or Arizona Constitutions. 41.Closed-Captioning of Public Service Announcements Any television public service announcement funded in whole or in part by this Agreement must include closed captioning. 42.Indemnification Each party (as "Indemnitor") agrees to defend, indemnify, and hold harmless the other party (as "Indemnitee") from and against any and all claims, losses, liability, costs, or expenses (including reasonable attorney's fees) (hereinafter collectively referred to as "Claims") arising out of bodily injury to any person (including death) or property damage, but only to the extent such Claims which result in vicarious/derivative liability to the Indemnitee are caused by the act, omission, negligence, misconduct, or other fault of the Indemnitor, its officers, officials, agents, employees, or volunteers. The State of Arizona and AZDOHS are self-insured per ARS 22-AZDOHS-OPSG- Any unauthorized changes to this document will result in termination of this award. Version 1/31/2023 41-621. If Subrecipient utilizes contractor(s) and/or subcontractor(s), the indemnification clause between Subrecipient and contractor(s) and subcontractor(s) shall include the following: Contractor shall defend, indemnify, and hold harmless the Arizona Department of Homeland Security and the State of Arizona, and any jurisdiction or agency issuing any permits for any work arising out of this Agreement, and their departments, agencies, boards, commissions, universities, officers, officials, agents, and employees (hereinafter, “Indemnitee”) from and against any and all claims, actions, liabilities, damages, losses, or expenses (including court costs, attorneys’ fees, and costs of claim processing, investigation and litigation) (hereinafter referred to as “Claims”) for bodily injury or personal injury (including death), or loss or damage to tangible or intangible property caused, or alleged to be caused, in whole or in part, by the negligent or willful acts or omissions of the contractor or any of the directors, officers, agents, or employees or subcontractors of such contractor. This indemnity includes any claim or amount arising out of or recovered under the Workers’ Compensation Law or arising out of the failure of such contractor to conform to any Federal, State or Local law, statute, ordinance, rule, regulation or court decree. It is the specific intention of the parties that the Indemnitee shall, in all instances, except for Claims arising solely from the negligent or willful acts or omissions of the Indemnitee, be indemnified by such contractor from and against any and all claims. It is agreed that such contractor will be responsible for primary loss investigation, defense and judgment costs where this indemnification is applicable. Additionally on all applicable insurance policies, contractor and its subcontractors shall name the State of Arizona, and its departments, agencies, boards, commissions, universities, officers, officials, agents, and employees as an additional insured and also include a waiver of subrogation in favor of the State. 43.Termination Each party has the right to terminate this Agreement if the other party fails to comply with this Agreement. A party invoking the right to terminate shall provide written 30 day advance notice of all reasons for the termination. If Subrecipient chooses to terminate this Agreement before all deliverables have been delivered, AZDOHS has the right to recover all reimbursements made to Subrecipient. On termination, AZDOHS may procure, on terms that it deems appropriate, materials or services to replace those that otherwise would have been provided by Subrecipient, and Subrecipient will be liable to AZDOHS for all excess costs incurred by AZDOHS in procuring such materials or services. Subrecipient must continue to perform this Agreement until the date of termination, as directed in the termination notice. If AZDOHS reasonably believes Subrecipient does not intend to, or is unable to fully perform this Agreement, AZDOHS may demand in writing that Subrecipient give written assurance of its intent and ability to perform. If Subrecipient fails to provide written assurance within the time specified in the demand, AZDOHS may terminate this Agreement. 44.Paragraph Headings Paragraph headings in this Agreement are for convenience of reference only and do not define, limit, enlarge, or otherwise affect the interpretation of this Agreement. 45.Counterparts This Agreement may be executed in any number of counterparts, copies, or duplicate originals. Each such counterpart, copy, or duplicate original shall be deemed an original, and collectively they shall constitute one Agreement. 46.Authority to Execute This Agreement The person executing this Agreement on behalf of Subrecipient represents and warrants that he/she is duly authorized to do so. 47.Transfer of Funds Prohibition Subrecipient may not transfer funds between programs (e.g., State Homeland Security Program, Urban Area Security Initiative, Operation Stonegarden). 48. Parties This Agreement is for the benefit of AZDOHS and Subrecipient as the only parties to this Agreement, and to their respective successors, assigns, executors and legal representatives. 22-AZDOHS-OPSG- Any unauthorized changes to this document will result in termination of this award. Version 1/31/2023 Except as expressly provided in this Agreement, nothing in this Agreement confers on any person other than the parties and their respective successors and assigns, any rights, remedies, obligations, or liabilities. 49.Respective Responsibilities Except as expressly provided in this Agreement, each party agrees that, to the extent authorized by law, it will be responsible for its own acts or omissions and the results thereof and will not be responsible for the acts or omissions of the other party and the results thereof. In the event that either party becomes aware of any claim made by or expected from a claimant against a party to this Agreement, which claim relates to the subject matter of this Agreement, that party will immediately notify the other party, and the parties will share all information regarding such matter and cooperate with each other in addressing the matter. The parties are independent contractors, and nothing contained in this Agreement will create the relationship of partnership, joint venture, agency, or employment between the parties or any of their employees, officers, agents, or contractors. Each party hereby agrees to perform any further acts and to execute and deliver any documents that may be reasonably necessary to carry out the provisions of this Agreement. 50.Publicity Neither party shall use or mention in any publicity, advertising, promotional materials or news release the name or service mark(s) of the other party without the prior written consent of that party. 51.Notices All communications by either party to this Agreement, shall be in writing, be delivered in person, or shall be sent to the respective parties at the following addresses: Arizona Department of Homeland Security 1700 West Washington Street, Suite 210 Phoenix, AZ 85007 Subrecipient must address all notices relative to this Agreement to the appropriate AZDOHS staff; contact information is at www.azdohs.gov. AZDOHS shall address all notices relative to this Agreement to: Enter Title, First & Last Name Above Enter Agency Name Above Enter Street Address Above Enter City, State, ZIP Above 22-AZDOHS-OPSG- Any unauthorized changes to this document will result in termination of this award. Version 1/31/2023 Authorized Signature Above Susan Dzbanko, Interim Director Print Name & Title Above Enter Date Above Date (Complete and mail two original documents to the Arizona Department of Homeland Security.) 22-AZDOHS-OPSG- Any unauthorized changes to this document will result in termination of this award. Version 1/31/2023 IN WITNESS WHEREOF The parties hereto agree to execute this Agreement. Enter Agency Name Above FOR AND BEHALF OF THE FOR AND BEHALF OF THE Arizona Department of Homeland Security    Town Council Regular Session D. Meeting Date:04/19/2023   Requested by: Town Council Submitted By:Mike Standish, Town Clerk's Office Department:Town Clerk's Office SUBJECT: Resolution No. (R)23-09, adopting proposed amendments to the Parliamentary Rules & Procedures and Code of Conduct RECOMMENDATION: Staff recommends approval. EXECUTIVE SUMMARY: The Town Council held a study session on January 4, 2023, to review and discuss proposed amendments to the Parliamentary Rules & Procedures and Code of Conduct. At this meeting, Council gave direction to incorporate changes to the "Rules." The requested changes from this meeting were incorporated into the document and were presented to Council for possible action at their March 15, 2023 Town Council meeting. At this meeting, Council requested further changes to the "Rules," which have been incorporated into the document with blue  text. A summary of those changes is as follows:  Section 1.2 A) second line, included the word "Council" which had been previously deleted. Section 4.5 Under Executive Session, added wording to clarify that all materials that are provided to Council prior to a noticed Executive Session are materials governed by the law of Executive Session. Section 4.8 C) changed the wording so that all meetings regularly conducted in the Hopi Room shall be audio and video recorded. Section 5.2 A) this section was modified to change "Manager's Assistant" to "Manager's Executive Assistant." Section 6.1 Added "Chairpersons' Procedure for Discipline During Meetings." Then added the previously proposed language from Section 13.6. Section 8.9 Added clarifying information regarding debate on a motion. Section 13.6 Retitled the section back to "Respect" and added in the original language from this section. BACKGROUND OR DETAILED INFORMATION: N/A FISCAL IMPACT: N/A SUGGESTED MOTION: I MOVE to (Approve or Deny) Resolution No. (R)23-09, adopting the proposed amendments to the Parliamentary Rules & Procedures and Code of Conduct. Attachments (R)23-09 Parliamentary Rules & Procedures  Parliamentary Rules & Procedures and Code of Conduct as Amended  RESOLUTION NO. (R)23-09 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, AMENDING THE TOWN OF ORO VALLEY, ARIZONA PARLIAMENTARY RULES & PROCEDURES AND CODE OF CONDUCT 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 subdivision under the Constitution and laws of the State of Arizona and the United States; and WHEREAS, the Town Council held a study session on January 4, 2023 and a regular session on March 15, 2023, to review and discuss proposed amendments to the Parliamentary Rules & Procedures and Code of Conduct; and WHEREAS, at this March 15, 2023 regular session, Council gave direction to incorporate additional changes to the Town of Oro Valley, Arizona Parliamentary Rules & Procedures and Code of Conduct; and WHEREAS, the Mayor and Council desire to amend the Parliamentary Rules and Procedures and Code of Conduct, as shown in the attached Exhibit “A”, which incorporates the additional changes to the Parliamentary Rules & Procedures and Code of Conduct that the Town Council directed be added at the March 15, 2023 regular session. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Oro Valley, Arizona, that: SECTION 1. The amendment to the Parliamentary Rules & Procedures and Code of Conduct, attached hereto as Exhibit “A” and incorporated herein by this reference, with additions in ALL CAPS, deletions shown in strikethrough text, and the additional incorporated changes that the Town Council directed be added at the March 15, 2023 regular session shown in red, is hereby approved. SECTION 2. 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 3. If any section, subsection, sentence, clause, phrase or portion of this Resolution, or the attached 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 19th 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 OF ORO VALLEY, ARIZONA TOWN COUNCIL PARLIAMENTARY RULES & PROCEDURES AND CODE OF CONDUCT Last Amended: 12/5/18 TOWN OF ORO VALLEY, ARIZONA TOWN COUNCIL PARLIAMENTARY RULES & PROCEDURES AND CODE OF CONDUCT TABLE OF CONTENTS 1 PREFACE…………………………….. .............................................................................................. 1 SECTION 1. RULES & PROCEDURES ........................................................................................ 2 1.1 RULES & PROCEDURES ................................................................................................ 2 1.2 PARLIAMENTARIAN ....................................................................................................... 2 SECTION 2. DEFINITIONS………… ............................................................................................. 2 2.1 AGENDA ........................................................................................................................... 2 2.2 BOARD OR COMMISSION……….……………………………………………………………2 2.3 CHAIRPERSON OR CHAIR….………………………………………………………………..2 2.4 COUNCIL...……………………………………………………………………………………….3 2.5 MEETINGS….……………………………………………………………………………..……..3 2.6 MEETING MATERIALS………………………………………………………………………...3 2.7 NEWSPAPER..……………………………………………………………...………………..…3 2.8 NOTICE...…………………………………………………………………………………………3 2.9 ORDINANCE..………………………………………………………………………………..…..4 2.10 PUBLIC BODY……………………………………………………………………………..……..4 2.11 QUORUM…………………………………………………………………………..……………...4 2.12 RESOLUTION……………………………………………………………………………..……...4 SECTION 3. PRESIDING OFFICER .............................................................................................. 5 3.1 CHAIRPERSON ................................................................................................................ 5 3.2 SUSPENSION OF RULES ................................................................................................ 5 SECTION 4. MEETINGS…………… .............................................................................................. 6 4.1 REGULAR MEETINGS ..................................................................................................... 6 4.2 ADJOURNED MEETINGS ................................................................................................ 7 4.3 TOWN COUNCIL SPECIAL MEETINGS .......................................................................... 7 4.4 STUDY SESSIONS ........................................................................................................... 7 4.5 EXECUTIVE SESSIONS ................................................................................................... 8 4.6 EMERGENCY MEETINGS ............................................................................................... 9 4.7 MEETINGS TO BE PUBLIC .............................................................................................. 9 4.8 MINUTES AND RECORDATION OF PUBLIC BODY MEETINGS ................................. 10 SECTION 5. NOTICE AND AGENDA.......................................................................................... 11 5.1 PREPARATION AND POSTING NOTICES ................................................................... 11 5.2 AGENDAS ...................................................................................................................... 11 SECTION 6. DUTIES AT MEETINGS....................................................................................... 13 6.1 CHAIRPERSON .............................................................................................................. 13 6.2 TOWN CLERK ................................................................................................................ 13 6.3 SERGEANT-AT-ARMS .................................................................................................. 14 SECTION 7. ATTENDANCE REQUIREMENTS ...................................................................... 14 7.1 PUBLIC BODY MEMBERS ............................................................................................ 14 SECTION 8. PROCEDURES FOR MEETINGS ....................................................................... 14 8.1 CALL TO ORDER ........................................................................................................... 14 8.2 ROLL CALL .................................................................................................................... 14 8.3 AGENDA ORDER ........................................................................................................... 14 8.4 APPROVAL OF MINUTES/ABSTENTIONS .................................................................. 15 8.5 CALL TO THE AUDIENCE ............................................................................................. 15 8.6 PUBLIC INPUT AT NON-PUBLIC HEARINGS…………………………………………….15 8.7 PUBLIC BODY COMMUNICATIONS…………………………………………………….....16 8.8 ORDER OF PRESENTATION……………………………………………………………..…16 8.9 DEBATE ON THE MOTION..……………………………………………………………..…16 8.10 TOWN MANAGER, PUBLIC BODY, AND STAFF REPORTS…………………………...16 8.11 FUTURE AGENDA ITEMS……………………………………………………………………17 SECTION 9. PUBLIC HEARING PROCEDURE ...................................................................... 17 9.1 AGENDA PROCEDURE FOR PUBLIC HEARING ........................................................ 17 SECTION 10. DISCUSSION AND VOTING PROCEDURES ................................................. 19 10.1 QUORUM ........................................................................................................................ 19 10.2 CONFLICTS OF INTEREST ........................................................................................... 19 10.3 GETTING THE FLOOR ................................................................................................... 19 10.4 INTERRUPTIONS ........................................................................................................... 20 10.5 MAKING AND SECONDING A MAIN MOTION…………………………………………....20 10.6 AMENDMENTS TO A MAIN MOTION……………………………………………………....20 10.7 CALLING THE QUESTION…………………………………………………………………...20 10.8 TAKING THE VOTE…………………………………………………………………………...21 10.9 ANNOUNCING THE RESULT OF THE VOTE……………………………………………..21 10.10 TIE VOTES……………………………………………………………………………………...21 10.11 ORDINANCE EMERGENCY CLAUSE………………………………………………………21 SECTION 11. MOTIONS……….. ............................................................................................ 21 11.1 RECONSIDERATION OF MOTIONS ............................................................................. 21 11.2 MOTIONS TO ADJOURN…………………………………………………………………….22 11.3 MOTIONS TO RECESS………………………………………………………………………21 11.4 MOTIONS WITH A FIXED TIME TO ADJOURN…………………………………………..22 11.5 MAIN MOTION…………………………………………………………………………………22 SECTION 12. CONFLICT OF INTEREST ............................................................................... 23 12.1 INTRODUCTION ............................................................................................................. 23 12.2 PURPOSE OF CONFLICT OF INTEREST LAWS .......................................................... 23 12.3 THE ARIZONA CONFLICT OF INTEREST LAW ........................................................... 23 12.4 SUBSTANTIAL INTEREST ............................................................................................ 23 12.5 REMOTE INTERESTS .................................................................................................... 24 12.6 RESTRICTIONS ON CONTRACTS FOR SUPPLIES OR SERVICES ........................... 26 12.7 DISCLOSURE OF INTEREST ........................................................................................ 26 12.8 WITHDRAWAL FROM PARTICIPATION ....................................................................... 26 12.9 RULE OF IMPOSSIBILITY (CONFLICT OF THE MAJORITY) ...................................... 27 12.10 IMPROPER USE OF OFFICE FOR PERSONAL GAIN .................................................. 27 12.11 SANCTIONS FOR VIOLATIONS .................................................................................... 27 12.12 NON-STATUTORY CONFLICTS OF INTEREST ........................................................... 28 SECTION 13. CODE OF CONDUCT…………………………………………………………………28 13.1 COMPETENT REPRESENTATION………………………………………………………….28 13.2 ARIZONA OPEN MEETING LAW…………………………………………………………...28 13.3 CONFIDENTIALITY……………………………………………………………………………28 13.4 POLITICAL SYSTEM………………………………………………………………………….29 13.5 LEGAL ADVICE……………………………………………………………………………….29 13.6 RESPECT………………………………………………………………………………………29 13.7 COMMUNICATION……………………………………………………………………………30 13.8 WEIGHT OF RULES AND LAWS…………………………………………………………..30 13.9 INFORMATION………………………………………………………………………………..30 13.10 REPRESENTATIVE…………………………………………………………………………..30 13.11 AVAILABILITY………………………………………………………………………………...31 13.12 IMPROVEMENT……………………………………………………………………………….31 13.13 RESPONSIBILITY…………………………………………………………………………….31 APPENDIXES: A: CONFLICT OF INTEREST DETERMINATION AND DISCLOSURE MEMORANDUM…….32 B: APPOINTMENT PROCESS OF TOWN OF ORO VALLEY VOLUNTEERS TO BOARDS, COMMISSIONS, COMMITTEES, ADIVOSRY BOARDS AND TASK FORCES…………………36 C: CONSIDERATIONS FOR SERVICE ON TOWN OF ORO VALLEY BOARDS, COMMISSIONS, COMMITTEES AND OTHER VOLUNTEER PUBLIC BODIES………………..39 F:\Council\Parl Rules & Procedures ENROLLED Office of the Oro Valley Town Attorney/5.24.2010 1 PREFACE A. General Purpose: The Town Council of the Town of Oro Valley, Arizona, in attempting to fulfill its responsibilities to govern the Town and to fully and faithfully perform its duties in the best possible manner, formulates these Rules & Procedures for use by the Council PUBLIC BODIES. It is intended that these Rules & Procedures shall set standards and usual procedures for the conducting of public meetings of the Council. These Rules & Procedures shall be in effect for all Council PUBLIC meetings. It is recommended that all Council PUBLIC BODY members review these Rules & Procedures as soon as possible after they take office and annually thereafter. F:\Council\Parl Rules & Procedures ENROLLED Office of the Oro Valley Town Attorney/5.24.2010 2 SECTION 1. RULES & PROCEDURES 1.1 RULES & PROCEDURES The following are the basis for, and are used in conjunction with, these Rules & Procedures for PUBLIC meetings of the Council: A) Arizona Open Meetings Act (Arizona Revised Statute (ARS) § 38-431 et. seq.) B) Town Code C) Town Council Policies D) Town Standard Operating Procedures E) Roberts Rules of Order 1.2 PARLIAMENTARIAN A) Council Meetings: The Town Attorney OR THEIR APPOINTED REPRESENTATIVE shall serve as Parliamentarian for all Council COUNCIL meetings. The Town Clerk OR THEIR REPRESENTATIVE shall act as Parliamentarian in the absence of the Town Attorney; and the Town Manager OR THEIR REPRESENTATIVE shall act as Parliamentarian in the absence of both the Town Attorney and Town Clerk. B) Boards/Commissions/Committees/Task Forces: The Departmental liaison, or designee, shall serve as Parliamentarian for their respective Board, Commission, Committee, or Task Force. SECTION 2. DEFINITIONS 2.1 AGENDA As set forth in Section 5.2(B), Agendas, an Agenda is a formal listing of items to be considered by the Councilmembers PUBLIC BODY at a noticed meeting. of the Council. 2.2 BOARD OR COMMISSION A DULY SELECTED STANDING PUBLIC BODY OF TOWN RESIDENTS APPOINTED BY THE MAYOR AND TOWN COUNCIL TO REVIEW, AND/OR APPROVE AND/OR MAKE RECOMMENDATIONS TO THE TOWN COUNCIL ON SPECIFIED AREAS OF TOWN CONCERN. 2.3 CHAIRPERSON OR CHAIR F:\Council\Parl Rules & Procedures ENROLLED Office of the Oro Valley Town Attorney/5.24.2010 3 THE MAYOR OF THE TOWN OF ORO VALLEY OR ANY OTHER PERSON ELECTED BY THE PUBLIC BODY THEY REPRESENT AS THE CHAIRPERSON TO LEAD PUBLIC MEETINGS. 2.24 COUNCIL The term Council shall include all members of the Mayor and Council unless otherwise required by the context of the sentence. 2.45 MEETINGS A meeting is the gathering, in person or by technological devices, of a quorum of the Councilmembers PUBLIC BODY, at which they discuss, propose, or take legal action, including any deliberations by a quorum with respect to such action. If a quorum is not present, those in attendance will be named for the record and in the absence of the Presiding Officer, the Town Clerk OR DESIGNEE, will adjourn the meeting. The types of Council meetings are as follows: A. Regular B. Executive C. Special D. Study E. Emergency 2.3546COUNCIL Packet MEETING MATERIALS A compilation of documents supporting the items listed on the PUBLIC BODY’S Agenda and requiring Council DISCUSSION AND/OR POSSIBLE action, which may be used by Council THE PUBLIC BODY, Staff, and the public for more in- depth information than may be presented in an oral report. The Packet is organized as set forth in Section 5.2(DC), Agendas; and is provided or made available to the Councilmembers OF THE PUBLIC BODY according to Section 5.2(CD), Agendas. 2.57 NEWSPAPER Typically, a daily or weekly paid publication containing recent news, feature articles, editorials and general advertisements. 2.68 NOTICE A formal announcement to the public that sets forth the name of the Council PUBLIC BODY, date, time and place for which a meeting of the Council PUBLIC BODY will be held. Giving formal notice of meetings is done as provided by F:\Council\Parl Rules & Procedures ENROLLED Office of the Oro Valley Town Attorney/5.24.2010 4 Statute, these Rules & Procedures, or other rules or regulations of the Council PUBLIC BODY. 2.79 ORDINANCE An ordinance is Council action setting forth a rule of public conduct that is considered long-term. Long-term rules include zoning issues, annexations, abandonments, laws of the Town and such. The ordinance, in addition to being referenced by number and brief title in the Minutes, will be recorded and maintained in numerical sequence as a permanent record of the Town. Effective dates of ordinances shall be as provided by law. AN ORDINANCE IS A COUNCIL ACTION SETTING FORTH AN AUTHORITATIVE LAW OR DECREE, SPECIFICALLY A MUNICIPAL REGULATION, ESPECIALLY ONE THAT FORBIDS OR RESTRICTS AN ACTIVITY. A MUNICIPAL ORDINANCE CARRIES THE STATE’S AUTHORITY AND HAS THE SAME EFFECT WITHIN THE MUNICIPALITIES LIMITS AS A STATE STATUTE. LONG TERM RULES INCLUDING ZONING ISSUES, ANNEXATIONS, ABANDONMENTS, LAWS OF THE TOWN AND SUCH SHALL BE DETERMINED BY ORDINANCE. THE ORDINANCE, IN ADDITION TO BEING REFERENCED BY NUMBER AND BRIEF TITLE IN THE MINUTES WILL BE RECORDED AND MAINTAINED IN NUMERICAL SEQUENCE AS A PERMANENT RECORD OF THE TOWN. EFFECTIVE DATES OF ORDINANCES SHALL BE AS PROVIDED BY LAW. 2.10 PUBLIC BODY THE TOWN COUNCIL OR ANY OTHER DULY APPOINTED STANDING TOWN BOARD OR COMMISSION. 2.811 QUORUM A quorum is the minimum number of Councilmembers OF EACH PUBLIC BODY that must be present in order for business to be legally transacted. A. Quorum. A quorum is the simple majority of the total number of authorized members. With a five-member body, a quorum is three (3) members. With a seven-member body, a quorum is four (4) members. B. Posting of Notice of Quorum. A Notice of Quorum is a notice informing the public that a possibility of a majority of the Councilmembers PUBLIC BODY may be present at an upcoming social event and/or any other function. 2.912 RESOLUTION F:\Council\Parl Rules & Procedures ENROLLED Office of the Oro Valley Town Attorney/5.24.2010 5 A resolution is generally used for Council action on special or temporary matters or for any other purpose except where an ordinance is required by law. A resolution is less solemn and less formal than an ordinance and is frequently used to exercise the Council's legislative power as it proposes to resolve general policy issues, give direction, and to express the intent of public policy of the Town. The resolution, in addition to being referenced by number and brief title in the Minutes, will be recorded as provided by law and maintained in numerical sequence as a permanent record of the Town. The effective date of a resolution shall be provided by law. A RESOLUTION IS A MAIN MOTION THAT FORMALLY EXPRESSES THE SENSE, WILL OR ACTION OF THE TOWN COUNCIL. A RESOLUTION OFTEN CONTAINS A PREAMBLE AND ONE OR MORE RESOLVING CLAUSES. RESOLUTIONS ARE GENERALLY USED FOR COUNCIL ACTION ON SPECIAL OR TEMPORARY MATTERS OR FOR ANY OTHER PURPOSE EXCEPT FOR AN ORDINANCE AS REQUIRED BY LAW. A RESOLUTION IS LESS FORMAL THAN AN ORDINANCE AND IS FREQUENTLY USED TO EXERCISE THE COUNCIL’S LEGISLATIVE INTENT AS IT PROPOSES TO RESOLVE GENERAL POLICY ISSUES, GIVE DIRECTION AND TO EXPRESS THE INTENT OF PUBLIC POLICY OF THE TOWN. THE RESOLUTION, IN ADDITION TO BEING REFERENCED BY NUMBER AND BRIEF TITLE IN THE MINUTES WILL BE RECORDED AS PROVIDED BY LAW AND MAINTAINED IN NUMERICAL SEQUENCE AS A PERMANENT RECORD OF THE TOWN. THE EFFECTIVE DATE OF A RESOLUTION SHALL BE AS PROVIDED BY LAW. SECTION 3. PRESIDING OFFICER 3.1 MAYOR CHAIRPERSON The Mayor CHAIRPERSON, or in the Mayor CHAIRPERSON's absence, the Vice- Mayor CHAIRPERSON is the Presiding Officer of all meetings of the Council EACH PUBLIC BODY. In an anticipated absence of the Mayor CHAIRPERSON and Vice- Mayor CHAIRPERSON, a Mayor CHAIRPERSON Pro Tempore shall be appointed by the Mayor CHAIRPERSON, or by the Council PUBLIC BODY if the Mayor CHAIRPERSON is unable to make such an appointment, and that person shall serve until the return of the Mayor CHAIRPERSON or Vice- Mayor CHAIRPERSON. In the absence of both the Mayor CHAIRPERSON and the Vice- Mayor CHAIRPERSON and a Mayor CHAIRPERSON Pro Tempore has not been appointed, the meeting shall be called to order by the Town Clerk OR DESIGNEE, whereupon, the Town Clerk OR DESIGNEE, shall immediately call for the selection of a Mayor CHAIRPERSON Pro Tempore. 3.2 SUSPENSION OF RULES F:\Council\Parl Rules & Procedures ENROLLED Office of the Oro Valley Town Attorney/5.24.2010 6 ONLY The Council may suspend the operation of any or all of these Rules & Procedures, and any or all applicable provision of Robert’s Rules of Order upon motion, second, and two-thirds vote of the Council. In the event of a conflict between these Rules & Procedures and Robert’s Rules of Order, these Rules & Procedures shall govern. NO OTHER PUBLIC BODY MAY SUSPEND THESE RULES & PROCEDURES. SECTION 4. MEETINGS 4.1 REGULAR MEETINGS A) The Council of the Town of Oro Valley shall hold Regular meetings at or about 6:00 p.m. in the Council Chambers located at the Oro Valley Council Chambers, 11000 North La Cañada Drive, or another place, date or time if necessary, on the first and third Wednesday of each month. Meetings are held for the purpose of discussion or action of the Council on various issues deemed necessary to further the business of the Town. These meetings may provide for citizen comments/appearances from the floor AS DETERMINED BY THE PRESIDING OFFICER CONSISTENT WITH THE ARIZONA OPEN MEETING LAWS, UNLESS OVERRULED BY A MAJORITY OF COUNCILMEMBERS PRESENT. as determined by the Presiding Officer or the majority of the Councilmembers present. PUBLIC PARTICIPATION SHALL BE ON AN ITEM-BY-ITEM BASIS EXCEPT FOR LISTED PUBLIC HEARINGS. B) ALL PUBLIC BODIES WILL APPROVE A SCHEDULE OF THEIR REGULAR PUBLIC MEETINGS FOR THE NEXT CALENDAR YEAR, ON OR ABOUT DECEMBER OF EACH YEAR., CONSISTENT WITH TOWN CODE. B)C) When the day for a Regular meeting of the Council PUBLIC BODY falls on a legal holiday, no meeting shall be held on such holiday, but a Special meeting may be held at such time and such location as scheduled by the majority of the Council PUBLIC BODY. C)D) In order to accommodate vacation scheduling of Councilmembers OF ANY PUBLIC BODY, Council THE PUBLIC BODY may, by vote or consensus, adjust the THEIR REGULAR MEETING schedule of the two per month Regular meetings as Special meetings on a mutually convenient date and time, or OTHERWISE cancel the meeting. E) IN THE EVENT THERE ARE NO AGENDA ITEMS FOR AN UPCOMING MEETING OF ANY BOARD OR COMMISSION, THE F:\Council\Parl Rules & Procedures ENROLLED Office of the Oro Valley Town Attorney/5.24.2010 7 TOWN MANAGER OR THEIR DESIGNEE MAY CANCEL THE MEETING AND PROVIDE APPROPRIATE NOTICE TO THE BOARD OR COMMISSION AND THE PUBLIC. 4.2 ADJOURNED MEETINGS Any meeting may be adjourned to a time, place and date certain, but not beyond the next Regular meeting. Once adjourned, the meeting may not be reconvened except at the time, date, and place provided for in the motion. 4.3 TOWN COUNCIL SPECIAL MEETINGS A) In accordance with Section 2-4-2 of the Oro Valley Town Code, Special meetings may be called by the Mayor or two (2) Councilmembers, and notice shall be posted by the Town Clerk at least twenty-four (24) hours prior to the meeting. B) Special meetings are held for the purpose of presentations, discussion, or action of the Council PUBLIC BODY on various issues as deemed necessary to further the business of the Town. These meetings may provide for "Citizen Comments/Appearances PUBLIC COMMENT from the Floor," as determined by the Presiding Officer, UNLESS OVERRULED BY A MAJORITY OF COUNCILMEMBERS PRESENT. or the majority of the Councilmembers present. 4.4 STUDY SESSIONS A) Study Sessions offer the Council PUBLIC BODY an opportunity to study items in an informal manner. No action may be taken during a Study Session meeting., IN ACCORDANCE WITH STATE LAW. Such meetings may be called as provided for in Section 4.3(A). In the absence of having a quorum, a Study Session shall be declared a Sub-Committee meeting of the Council, and shall continue to follow these Rules & Procedures. B) Study Sessions are held for the purpose of presentations and discussions on such issues that require more in-depth consideration of the Council PUBLIC BODY than may be possible at a Regular meeting. No formal action of the Council PUBLIC BODY may be taken at such meetings, other than general consensus or conveying direction to Staff for further action. These meetings may provide for “Citizen RESIDENT Comments/Appearances PUBLIC COMMENT from the Floor," as determined by the Presiding Officer CHAIRPERSON, UNLESS OVERRULED BY A MAJORITY OF COUNCILMEMBERS F:\Council\Parl Rules & Procedures ENROLLED Office of the Oro Valley Town Attorney/5.24.2010 8 PRESENT. or the majority of the Councilmembers PUBLIC BODY present. 4.5 EXECUTIVE SESSIONS A) Executive Sessions may be placed on an agenda under the same circumstances as any other agenda item. The Town may hold an Executive Session in accordance with ARS § 38-431.03 for the following purposes. 1) Discussion or consideration of employment and/or appointment of employees, Council PUBLIC BODY, or other public officers 2) Discussion or consideration of records, information, or testimony that is confidential and/or exempt from disclosure 3) Legal advice from an attorney for the Town 4) Discussion or consultation with attorneys for the Town to: a) Consider its position and to instruct the Council PUBLIC BODY regarding litigation; b) Attempt to avoid and/or resolve litigation through settlement; and c) To provide guidance in contract negotiations 5) Discussion or consultation with the Council PUBLIC BODY to consider its position and to instruct the Council PUBLIC BODY regarding collective bargaining negotiations 6) Discussion or consultation for international and interstate negotiations or for negotiations with representatives of Indian reservations located within or adjacent to the Town 7) Discussion or consultation with the Council PUBLIC BODY to consider its position and to instruct the Council PUBLIC BODY regarding the purchase, lease, and sale of real property 8) DISCUSSION OR CONSULTATION TO DISCUSS SECURITY PLANS, PROCEDURES, ASSESSMENTS, MEASURES OR SYSTEMS RELATING TO, OR HAVING AN IMPACT ON, THE SECURITY OR SAFETY OF BUILDINGS, FACILITIES, OPERATIONS, CRITICAL INFRASTRUCTURE INFORMATION AND INFORMATION TECHNOLOGY MAINTAINED BY THE PUBLIC BODY F:\Council\Parl Rules & Procedures ENROLLED Office of the Oro Valley Town Attorney/5.24.2010 9 ALL MATERIALS THAT ARE PROVIDED TO COUNCIL PRIOR TO A NOTICED EXECUTIVE SESSION ARE MATERIALS GOVERNED BY THE LAW OF EXECUTIVE SESSION. B) Under normal circumstances, Executive Sessions shall be attended only by the Mayor and Council PUBLIC BODY, Town Manager OR THEIR DESIGNEE, Assistant Town Manager, Town Clerk, and Town Attorney OR THEIR DESIGNEE. A majority of the Council PUBLIC BODY may vote at the public session prior to the Executive Session to have other individuals attend the Executive Session. These other individuals must be necessary for the consideration of the item, and may not remain in the Executive Session once that particular item has been discussed. C) The Town Clerk, or THEIR designee, shall take written Minutes of Executive Sessions to document the nature and extent of the discussions. All minutes of Executive Sessions shall be sealed and retained by the Town Clerk as a confidential, non-public record. In accordance with ARS § 38-431.03(C)(B), the Town may only disclose the Minutes of an Executive Session to the Attorney General or the Pima County Attorney upon receipt of a written complaint alleging a violation of this provision at an Executive Session of the Town, and upon being presented with a court order. D) All Executive Session discussions and materials are considered confidential and non-public information. No discussions or materials may be disseminated to anyone outside of the Mayor and Council, Town Manager, Town Attorney, and Town Clerk OF THE PUBLIC BODY AND THOSE INDIVIDUALS PRESENT AT THE EXECUTIVE SESSION. Any discovered or suspected violation shall be reported to the Town Attorney immediately. 4.6 EMERGENCY MEETINGS As provided for in ARS § 38-431.02(D), the Mayor and Council may call a AN Emergency meeting to discuss or take action on an unforeseen issue where time is of the essence and sufficient time does not provide for the posting of a meeting notice twenty-four (24) hours or more before the meeting. Notice of an Emergency meeting of the Mayor and Council will be posted within twenty-four (24) hours following the holding of an Emergency meeting. The Notice will include the agenda and a brief, but complete, description of the nature of the emergency. Emergency meetings may provide for a “Citizen Comments/Appearances from the Floor," as determined by the Presiding Officer or the majority of the Councilmembers present. F:\Council\Parl Rules & Procedures ENROLLED Office of the Oro Valley Town Attorney/5.24.2010 10 4.7 MEETINGS TO BE PUBLIC A) With exception of Council Executive Sessions, all Regular, Special, Emergency, and Study Session meetings of the Council PUBLIC BODY shall be open to the public. B) All public meetings may be recorded by means of audio, video or photographic equipment provided that there is not interference in the orderly conduct of the meeting, and that said equipment is AVAILABLE AND placed in non-hazardous locations as designated by the Town Manager OR THEIR DESIGNEE. 4.8 MINUTES AND RECORDATION OF COUNCIL MEETINGS PUBLIC BODY MEETINGS A) The Town Manager shall ensure Staff attendance at all Regular, Special, Study Session, Emergency, and Executive Session meetings of the Council PUBLIC BODY for the purpose of taking notes MINUTES and/or AND/OR audio/VIDEO recordation of the meeting. B) Written Action Minutes instead of Synopsis Minutes shall be taken so that a brief accounting of the issues discussed and actions taken is compiled and entered into the permanent Minute Book of the Town and kept on file in the Office of the Town Clerk. C) ALL Open meetings REGULARLY CONDUCTED IN THE COUNCIL CHAMBERS shall be recorded by means of audio or AND video technology, which will be retained for a period of time 5 years longer than required by State Statute. ALL MEETINGS REGULARLY CONDUCTED IN THE HOPI ROOM SHALL BE AUDIO AND VIDEO RECORDED ONLY. C)D) All Minutes of the Council PUBLIC BODY are deemed to be Public Records, with the exception of Executive Session Minutes, which, while they fall under the definition of and are considered Public Records by State Statute, are deemed confidential and are only available under limited conditions or by court order. Transcribed Minutes, or the audio or video recording of all open meetings of the Council PUBLIC BODY, must be on file in the Office of the Town Clerk, and available for public review by 5:00 p.m. on the third working day following each meeting, or as provided by ARS § 38- 431.01. D)E) Minutes of all meetings of the Council PUBLIC BODY are made available at the Town Clerk’s office, and may be available through the Town's Web Site. F:\Council\Parl Rules & Procedures ENROLLED Office of the Oro Valley Town Attorney/5.24.2010 11 SECTION 5. NOTICE AND AGENDA 5.1 PREPARATION AND POSTING NOTICES A) The Town Clerk, or THEIR designee, shall prepare all public meeting notices of the Council PUBLIC BODY, and shall ensure posting of the meeting notices no less than twenty-four (24) hours before the date and time set for said meetings in accordance with ARS § 38-431.02(C). B) Meeting notices shall be posted on an outside bulletin board located at the Town Hall Courtyard at 11000 North La Cañada Drive, Oro Valley, Arizona, in the lobby of the Town Hall, and in the lobby of the Oro Valley Police Department at 11000 North La Cañada Drive ORO VALLEY BRANCH LIBRARY LOCATED AT 1305 W. NARANJA DRIVE, Oro Valley Arizona, or as established by the Disclosure Statement of the Town Council PUBLIC BODY. 5.2 AGENDAS A) Agendas for Council meetings shall be prepared by the Agenda Committee, which THAT shall be made up of the Mayor (or Vice- Mayor), Town Manager, Town Clerk, and one Councilmember, with review of the proposed final agenda by the Town Attorney. The Councilmember shall be selected by the Council and his/her term shall last for three (3) months ending with the second Regular Council meeting of the third month and at which time a new Councilmember shall be selected. SHOULD THE COUNCILMEMBER NOT BE ABLE TO ATTEND AN AGENDA COMMITTEE MEETING DURING THEIR TERM, THEY MAY REQUEST THAT ANOTHER MEMBER OF COUNCIL ATTEND THAT SPECIFIC AGENDA COMMITTEE MEETING IN THEIR STEAD. ALTERNATIVELY, THE COUNCIL MEMBER MAY ASK THE TOWN MANAGER’S EXECUTIVE ASSISTANT TO DESIGNATE A COUNCILMEMBER WHO IS AVAILABLE TO ATTEND THE MEETING. SHOULD AN ALTERNATE COUNCILMEMBER NOT BE SELECTED OR IF AN ALTERNATE COUNCILMEMBER IS SELECTED BUT UNABLE TO MAKE THE AGENDA COMMITTEE MEETING, THE AGENDA COMMITTEE MEETING WILL PROCEED IN THEIR ABSENCE. F:\Council\Parl Rules & Procedures ENROLLED Office of the Oro Valley Town Attorney/5.24.2010 12 B) AGENDAS FOR ANY PUBLIC BODY OTHER THAN COUNCIL SHALL BE PREPARED BY THE TOWN STAFF MEMBERS ASSIGNED TO THAT PUBLIC BODY IN CONSULTATION WITH THE CHAIRPERSON B)C) Pursuant to ARS § 38-431.09, the agenda shall provide information as is reasonably necessary to inform the public of matters to be discussed or decided. All items requiring prior legal review shall be submitted to the Town AttorneyLEGAL REPRESENTATIVE on or about fourteen (14) days prior to submission to the Town Clerk’s office. C)D) Council AGENDA packets will be delivered to the office of all Councilmembers OF THE PUBLIC BODY on or about seven (7) days prior to the Council EACH meeting. These deadlines may be waived for any particular item by the Mayor CHAIRPERSON or Town Manager OR DESIGNEE only if it is determined that it is impossible to meet the deadline. D)E) The agenda sequence for Regular Council PUBLIC BODY meetings shall be as followsMAY INCLUDE THE FOLLOWING: 1. Call to Order 2. Roll Call 3. Pledge of Allegiance 4. Upcoming meeting announcement 5. Mayor will review the Order of Business REPORTS ON CURRENT EVENTS 6. TOWN MANAGER’SOR DESIGNEE REPORT ON CURRENT EVENTS 6.7. Call to Audience ORDER OF BUSINESS 7.8. Consent Agenda CALL TO AUDIANCE 8.9. Business CONSENT AGENDA 9.10. Town Manager’s Report BUSINESSREGULAR AGENDA ITEMS 10.11. Call to Audience FUTURE AGENDA ITEMS 11.12. Adjournment E)F The Consent Agenda shall be in accordance with the Oro Valley Town Code Section 2-4-6. G) SHOULD ANY MEMBER OF THE PUBLIC BODY CHOOSE TO CREATE THEIR OWN SLIDE PRESENTATION OR ANY KIND OF VISUAL AID WITH THE INTENT TO EITHER DISPLAY OR F:\Council\Parl Rules & Procedures ENROLLED Office of the Oro Valley Town Attorney/5.24.2010 13 REFER TO AT THE PUBLIC MEETING, THE MEMBER SHALL SUBMIT SUCH MATERIALS TO THE TOWN CLERK AND TOWN MANAGER STAFF AT LEAST TWENTY-FOUR (24) HOURS PRIOR TO THE START OF THE MEETING SO THE MATERIAL CAN BE REVIEWED AND ADDED TO THE AGENDA PACKET FOR COUNCIL’S REVIEW AS PART OF THE AGENDA MATERIALS. SECTION 6. DUTIES AT MEETINGS 6.1 MAYOR CHAIRPERSON A) The Mayor CHAIRPERSON shall call the meeting of the Council PUBLIC BODY to order, and shall preserve order and decorum at all meetings of the Council PUBLIC BODY. The Mayor CHAIRPERSON may move, second, and debate from the chair, subject only to such limitations of any of the rights and privileges of a PUBLIC BODY Councilmember. The Mayor CHAIRPERSON shall determine whether a member of the public shall be heard consistent with the Arizona Open Meeting Laws. Public participation shall be on an item-by-item basis and at the discretion of the Mayor CHAIRPERSON except for listed public hearings. CHAIRPERSONS’ PROCEDURE FOR DISCIPLINE DURING MEETINGS B) In the event of unruly behavior of any member of the public or of the Council PUBLIC BODY, as determined by the Mayor CHAIRPERSON or raised by a PUBLIC BODY Councilmember in a Point of Order, the Mayor CHAIRPERSON or in the Mayor CHAIRPERSON’s refusal, the Council PUBLIC BODY, shall issue a verbal warning that such continued unruly behavior may result in removal from the meeting. A second verbal warning may result in removal of the offender from the meeting. In the determination of unruly behavior of any member of the public by the Mayor CHAIRPERSON, (or Council PUBLIC BODY upon a majority vote), the Sergeant-at-Arms shall be directed to remove the person from the meeting room until such time as the person agrees and publicly acknowledges to the Mayor CHAIRPERSON that there will be no further disturbances. If a person makes the public acknowledgement, they may be allowed to return to the meeting. ALL PERSONS PRESENT AT THE MEETING HAVE AN OBLIGATION TO OBEY THE LEGITIMATE ORDERS OF THE PRESIDING CHAIR, WHICH INCLUDES CALLING A MEMBER TO ORDER. IF A MEMBER COMMITS ONLY A SLIGHT BREACH OF ORDER SUCH AS ADDRESSING ANOTHER MEMBER F:\Council\Parl Rules & Procedures ENROLLED Office of the Oro Valley Town Attorney/5.24.2010 14 INSTEAD OF THE CHAIR IN DEBATE OR, IN A SINGLE INSTANCE, FAILING TO CONFINE HIS THEIR REMARKS TO MERITS OF THE PENDING QUESTION—THE CHAIR SIMPLY POINTS OUT THE FAULT AND ADVISES THE MEMBER TO AVOID IT. THE MEMBER CAN THEN CONTINUE SPEAKING IF HE THEY COMMITS NO FURTHER BREACHES. IF THE OFFENSE IS MORE SERIOUS THAN IN THE CASE ABOVE, AS WHEN A MEMBER REPEATEDLY QUESTIONS THE MOTIVES OF OTHER MEMBERS WHOM HE THEY MENTIONS BY NAME OR PERSISTENT SPEAKING ON COMPLETELY IRRELEVANT MATTERS IN DEBATE, THE CHAIR WILL NORMALLY FIRST WARN THE MEMBER, BUT WITHOUT SUCH A WARNING THE CHAIR OR ANY OTHER MEMBER CAN CALL A MEMBER TO ORDER. IF THE CHAIR DOES THIS, THE CHAIR SAYS THE MEMBER IS OUT OF ORDER. IF THE MEMBER PERSISTS IN THEIR BEHAVIOR, THE CHAIR WILL STATE THAT THE CHAIR HAS REPEATEDLY DIRECTED THE MEMBER TO REFRAIN FROM OFFENSIVE PERSONAL REFERENCES WHEN SPEAKING IN THE MEETING. IF A MEMBER OBEYS AT THIS POINT, THE MATTER CAN BE DROPPED OR NOT AS THE ASSEMBLY CHOOSES. THE CASE MAY BE SUFFICIENTLY RESOLVED BY AN APOLOGY OR A WITHDRAWAL OF ALL OBJECTIONAL STATEMENTS OR REMARKS BY THE OFFENDER. BUT IF NOT, ANY MEMBER CAN MOVE TO ORDER A PENALTY, OR THE CHAIR CAN FIRST ASK WHAT PENALTIES SHALL BE IMPOSED ON THE MEMBER. A MOTION OFFERED IN A CASE OF THIS KIND CAN PROPOSE A MEMBER BE REQUIRED TO MAKE AN APOLOGY, THAT THE MEMBER BE CENSORED OR THAT THE MEMBER BE REQUIRED TO LEAVE THE HALL DURING THE REMAINDER OF THE MEETING OR UNTIL THE MEMBER IS PREPARED TO APOLOGIZE. IF A MEMBER DENIES HAVING SAID ANYTHING IMPROPER, THE WORDS RECORDED BY THE CLERK CAN BE READ TO THE MEMBER AND, IF NECESSARY, THE ASSEMBLY CAN DECIDE BY VOTE WHETHER THE MEMBER WAS HEARD TO SAY IT. ON THE DEMAND OF A SINGLE MEMBER, OTHER THAN THE NAMED MEMBER WHO IS NOT CONSIDERED TO BE A VOTING MEMBER WHILE THE MATTER IS PENDING, THE VOTE ON IMPOSING A PENALTY MUST BE TAKEN BY BALLOT. THE SERGEANT AT ARMS MAY REMOVE THE MEMBER UPON INSTRUCTION OF THE CHAIR. SUCH A STEP SHOULD ONLY F:\Council\Parl Rules & Procedures ENROLLED Office of the Oro Valley Town Attorney/5.24.2010 15 BE TAKEN AS A LAST RESORT AND BY A PERSON WHO REFUSES TO LEAVE UPON REQUEST BY THE CHAIR. 6.2 TOWN CLERK The duties of the Town Clerk OR DESIGNEE, at meetings of the Council PUBLIC BODY, shall be in accordance with state law and the Oro Valley Town Code Section 3-2-2, but not limited to the following listed duties. The Town Clerk OR DESIGNEE shall take the Roll Call. The Town Clerk OR DESIGNEE shall announce each agenda item, reading into the record the item as listed on the agenda, sufficiently to advise the Council PUBLIC BODY and public as to what business is about to be considered by the Council PUBLIC BODY. The Mayor CHAIRPERSON or at the Mayor CHAIRPERSON’s discretion, the Town Clerk, may restate the motion into the record before the Council PUBLIC BODY votes. 6.3 SERGEANT-AT-ARMS The Police Chief, or designee, shall serve as the Sergeant-at-Arms of FOR the Council PUBLIC BODY meetings, and shall carry out all orders and instructions given by the Mayor CHAIRPERSON (and/or a majority of the Councilmembers PUBLIC BODY) for the purpose of maintaining order and decorum at the Council PUBLIC BODY meeting. Upon instructions by the Mayor CHAIRPERSON (or a Council PUBLIC BODY majority) following the process listed in 6.1B above, it shall be the duty of the Sergeant-at-Arms to remove any person who violates the order and decorum of the meeting. SECTION 7. ATTENDANCE REQUIREMENTS 7.1 COUNCILMEMBERS PUBLIC BODY MEMBERS It is the duty of the Councilmembers PUBLIC BODY MEMBERS to attend all Council PUBLIC BODY meetings. A vacancy of office of a Councilmember PUBLIC BODY MEMBER shall be when there is an absence and ceasing to discharge the duties of office for a period of three (3) consecutive months, and/or may be deemed vacant from and after the occurrence of any events described in ARS § 38-291. The measured time for an absence starts as of the first unexcused absence from a Council PUBLIC BODY Study Session or meeting missed. Pursuant to Oro Valley Town Code Section 2-1-4 2-1-6, iIn the event of a vacancy, the Council shall fill such vacancy., by appointment, for the unexpired term of the vacancy. SECTION 8. PROCEDURES FOR MEETINGS 8.1 CALL TO ORDER F:\Council\Parl Rules & Procedures ENROLLED Office of the Oro Valley Town Attorney/5.24.2010 16 The Mayor CHAIRPERSON shall call all Council PUBLIC BODY meetings to order. 8.2 ROLL CALL Roll shall be called by the Town Clerk OR THEIR DESIGNEE. 8.3 AGENDA ORDER The order of business shall be as provided for in the agenda and any item shall be considered during the course of the Council PUBLIC BODY meeting at the discretion of the Mayor CHAIRPERSON, so long as there is no attempt to deny the public of the opportunity to participate in public hearings. The Mayor CHAIRPERSON may amend the order of the agenda at the beginning and during the course of a meeting with the approval of a majority of the Council PUBLIC BODY. 8.4 APPROVAL OF MINUTES/ABSTENTIONS The Town Clerk OR DESIGNEE shall present Minutes to the Council PUBLIC BODY for approval. Councilmembers PUBLIC BODY MEMBERS who were not present at a previous meeting may abstain from the vote approving those Minutes. The Council PUBLIC BODY may approve multiple SETS OF Minutes by one vote, and if one or more Councilmembers PUBLIC BODY MEMBERS expressed a desire to abstain from the vote on one set of Minutes, the motion shall be to approve the Minutes “except as noted by Councilmembers PUBLIC BODY MEMBER(s) ______.” 8.5 CALL TO THE AUDIENCE The Council PUBLIC BODY may make an open Call to the Audience during a public meeting so those individuals may address the Council PUBLIC BODY on any issue NOT ON THE AGENDA AND within the jurisdiction of the Council PUBLIC BODY. Each speaker must speak in a courteous and respectful manner and may be limited to three (3) minutes. If necessary, the Mayor CHAIRPERSON or Council PUBLIC BODY may limit the total time offered TO speakers. All such remarks shall be addressed to the Council PUBLIC BODY as whole, and are not to be addressed to any specific PUBLIC BODY Councilmember. Should any item be addressed to a specific PUBLIC BODY Councilmember, it shall be ignored, and the Mayor CHAIRPERSON shall remind the speaker that they must address the question to the entire Council PUBLIC BODY. No person other than the speaker shall enter into the discussion without the permission of the Mayor CHAIRPERSON. At the conclusion of the open Call to the Audience and pursuant to state law, the Council PUBLIC BODY may respond, but they may not take action on any item raised by the public during a call to the audience unless that item was properly placed on the agenda. F:\Council\Parl Rules & Procedures ENROLLED Office of the Oro Valley Town Attorney/5.24.2010 17 8.6 PUBLIC INPUT AT NON-PUBLIC HEARINGS In the event a person in the audience wishes to address the Council PUBLIC BODY on an issue on the AGENDA, which is not a public hearing, the person should fill out a blue card located in the back of the Council Chambers and submit it to the Town Clerk OR THEIR DESIGNEE. The Mayor CHAIRPERSON, or upon a majority vote of the Council PUBLIC BODY, shall determine whether the Council PUBLIC BODY will hear from the public. Any such public address may be limited to no more than three (3) minutes per person. Written communications related to an agenda item should be delivered to the Town Clerk OR THEIR DESIGNEE three (3) full working days in advance of the Council meeting and will be copied and delivered to each PUBLIC BODY Councilmember two (2) full working days in advance of the Council PUBLIC BODY meeting. However, all such written communications shall not be read into the record by the Town Clerk OR DESIGNEE unless, by a majority vote of the PUBLIC BODY Councilmembers present, the Council PUBLIC BODY votes to have the Town Clerk OR DESIGNEE read the item into the record. Written communication may be delivered to the Town Clerk OR DESIGNEE at the time of a person’s address to the Council PUBLIC BODY but these documents may not be reviewed, addressed, or commented on at the Council PUBLIC BODY meeting by the Council PUBLIC BODY. 8.7 COUNCIL PUBLIC BODY COMMUNICATIONS A PUBLIC BODY Councilmember may ask Staff about a particular issue in the report, but discussion and action on any item mentioned in a Council PUBLIC BODY Communication may not be held unless that item is properly placed on the agenda. 8.8 ORDER OF PRESENTATION The Town Clerk OR DESIGNEE shall introduce each agenda item as it comes to Council PUBLIC BODY for consideration and/or action. Following the introduction of the agenda item by the Town Clerk OR DESIGNEE and presentation of Staff reports, the Mayor CHAIRPERSON shall entertain A MOTION TO BE CONSIDERED BY THE PUBLIC BODY FOLLOWED BY questions AND DISCUSSION from the Council PUBLIC BODY. IF NO MOTION IS IMMEDIATLEY FORTHCOMING, THE PUBLIC BODY SHALL PROCEED WITH QUESTIONS AND DISCUSSIONS. and, wWhere appropriate, THE CHAIRPERSON MAY permit public participation. Next, a motion may be made, and a vote may be had as provided for in these Rules & Procedures. 8.9 DEBATE ON THE MOTION A MEMBER WHO DESIRES TO SPEAK ON A MOTION HAS THE RIGHT TO SPEAK TWICE ON THE SAME QUESTION ON THE SAME DAY. A MEMBER F:\Council\Parl Rules & Procedures ENROLLED Office of the Oro Valley Town Attorney/5.24.2010 18 WHO HAS SPOKEN TWICE HAS EXHAUSTED THEIR RIGHT TO DEBATE THAT QUESTION ON THAT DAY. EACH MEMBER SHALL BE PROVIDED TEN (10) MINUTES TO SPEAK AT ONE (1) TIME, AND NO LONGER, TO DISCUSS A MATTER WITHOUT RECEIVING PERMISSION OF THE CHAIR. OR THE PERMISSION OF THE MAJORITY OF THE COUNCIL. 8.9 8.10 TOWN MANAGER, COUNCIL PUBLIC BODY, AND STAFF REPORTS The Town Manager’s, Council PUBLIC BODY’s, and Staff reports may be in writing or oral in accordance with the Arizona Open Meeting Law. Any PUBLIC BODY Councilmember may ask the Town Manager OR THEIR DESIGNEE, PUBLIC BODY Councilmember, or Staff member about a particular item in the report, UNLESS RULED OUT OF ORDER BY THE LEGAL REPRESENTATIVE OR PARLIAMENTARIAN, but discussion and action on any item mentioned in the report may not be held unless that item is properly placed on the AN agenda. 8.10 8.11 FUTURE AGENDA ITEMS A) FOR COUNCIL MEETINGS, Any Councilmember may request that an item be placed on a future agenda by contacting a member of the Agenda Committee. This provision applies to the Mayor and Councilmembers. However, if two (2) or more Councilmembers request that an item go on the agenda, then it shall be put on the agenda if it is submitted to the Agenda Committee twelve (12) days before the Council meeting date. SECTION 9. PUBLIC HEARING PROCEDURE 9.1 AGENDA PROCEDURE FOR PUBLIC HEARING A Public Hearing may be placed on the agenda under the same agenda item as the discussion and action of the Council PUBLIC BODY. The normal procedure for Public Hearings shall be as set forth hereafter. A) The agenda item shall be called by the Town Clerk OR DESIGNEE as any other agenda item. B) Staff shall have an opportunity to report on the issue and answer questions by the Council PUBLIC BODY. C) The proponent may make an opening statement in order to explain the item to the Council PUBLIC BODY and public. The Mayor CHAIRPERSON or Council PUBLIC BODY may limit the time for this statement as necessary. All documents shall have sufficient copies so that PUBLIC BODY Councilmembers and Staff have a F:\Council\Parl Rules & Procedures ENROLLED Office of the Oro Valley Town Attorney/5.24.2010 19 copy to review and any exhibit presented shall be of sufficient size to permit the Council PUBLIC BODY and public to view the exhibit. D) The Mayor CHAIRPERSON shall declare that the Council PUBLIC BODY is now in Public Hearing. At this time, the public may address the Council PUBLIC BODY, though once the Public Hearing has been closed, no further verbal/written input shall be taken. E) In the event a person in the audience wishes to address the Council PUBLIC BODY on an issue on the agenda, which is a Public Hearing, the person should FIRST fill out a blue card located in the back of the Council Chambers and submit it to the Town Clerk OR DESIGNEE. That person may WILL be permitted to speak; however, any such public address may be limited to three (3) minutes per person. All persons addressing the Council PUBLIC BODY shall speak into the microphone so that the comments may be recorded. FOR PUBLIC MEETINGS THAT ARE REGULARLY HELD IN THE COUNCIL CHAMBERS, INDIVIDUALS SHALL BE ALLOWED TO SPEAK VIRTUALLY ON AN AGENDA ITEM THAT CONTAINS A PUBLIC HEARING, PROVIDED THE INDIVIDUAL SUBMITS THEIR REQUEST TO SPEAK VIRTUALLY THROUGH THE TOWN’S WEBSITE AT LEAST 24 HOURS PRIOR TO THE START OF THE PUBLIC MEETING. Written communications related to an agenda item should be delivered to the Town Clerk OR DESIGNEE three (3) full working days in advance of the Council PUBLIC BODY meeting and shall have been copied and delivered to each PUBLIC BODY Councilmember two (2) full working days in advance of the Council PUBLIC BODY meeting. However, all such written communications shall not be read into the record by the Town Clerk OR DESIGNEE unless, by a majority vote of members present, the Council PUBLIC BODY votes to have the Town Clerk OR DESIGNEE read the item into the record. Once THE Public Hearing has been closed, no further verbal/written input shall be taken. Written communications may be delivered to the Town Clerk at the time of a person’s address to the Council PUBLIC BODY but these documents will not be reviewed, addressed, or commented on at the Council PUBLIC BODY meeting by the Council PUBLIC BODY. F) Unless a majority of the PUBLIC BODY Councilmembers objects, the Mayor CHAIRPERSON shall declare the Public Hearing as ended. Once the Public Hearing is closed, no additional oral or written communication may be accepted from the audience. F:\Council\Parl Rules & Procedures ENROLLED Office of the Oro Valley Town Attorney/5.24.2010 20 G) The proponent shall be allowed to answer questions posed by the Council PUBLIC BODY, a brief statement to rebut the statements made by the public, and/or to offer a compromise. H) The Mayor CHAIRPERSON and/OR the Council PUBLIC BODY may ask one person who spoke from the audience to rebut a proponent’s final summation. Such person may be chosen in one of the following manners: 1) The Council PUBLIC BODY may ask that, if more than one person spoke on an issue, they decide among themselves to have one person present a rebuttal to the proponent’s summation. If the group can not agree on one spokesperson, then there will be no rebuttal from the public on that issue. 2) At the discretion of the Mayor and Council PUBLIC BODY. I) The agenda item will then be DISCUSSED and action taken as on any other agenda item. SECTION 10. DISCUSSION AND VOTING PROCEDURES 10.1 QUORUM It will be necessary for a quorum to be present in order for the Council PUBLIC BODY to consider or act upon any business. A quorum shall consist of a majority of the PUBLIC BODY Councilmembers. In the event a quorum is not present, the only motion that can be made, considered, or passed, after Roll Call, is a motion for adjournment of non-action since an official meeting cannot be held for lack of a quorum. 10.2 CONFLICTS OF INTEREST Each PUBLIC BODY Councilmember has a responsibility for compliance with ARS § 38-501 et seq., concerning conflicts of interest. See Section 12. Any member of the Council PUBLIC BODY, who believes he or she has a conflict of interest, may want to discuss such issue with the Town Attorney. Immediately upon determining that a conflict exists, the PUBLIC BODY Councilmember shall declare a conflict of interest by completing a Conflict of Interest CONFLICT-OF- INTEREST Disclosure Memorandum (See Appendix A) and returning the form to the Town Clerk OR DESIGNEE. That PUBLIC BODY Councilmember shall then leave the room and shall refrain from taking any part in the discussion, consideration, or determination of that issue and the PUBLIC BODY Councilmember shall be excused from that agenda item. IF THE MEMBER’S F:\Council\Parl Rules & Procedures ENROLLED Office of the Oro Valley Town Attorney/5.24.2010 21 RECUSAL RESULTS IN A LOSS OF A QUORUM, THE ITEM SHALL BE CONTINUED. unless it would result in the loss of a quorum, which would therefore result in continuing that item. If that issue is not resolved at that meeting, that PUBLIC BODY Councilmember shall not discuss the matter with any other PUBLIC BODY Councilmember until the matter is finally resolved. The PUBLIC BODY Councilmember who declared the conflict may return to his/her seat when that agenda item is completed FOR THE NEXT AGENDA ITEM. 10.3 GETTING THE FLOOR Every PUBLIC BODY Councilmember desiring to speak shall address the Mayor CHAIRPERSON, and upon recognition by the Mayor CHAIRPERSON, shall confine himself/herself to the question under debate. 10.4 INTERRUPTIONS When an individual has been given the floor, that PUBLIC BODY Councilmember or member of the public shall not be interrupted as long as such individual is proceeding in accordance with these Rules & Procedures. 10.5 MAKING AND SECONDING A MAIN MOTION In the majority of Town Council PUBLIC BODY actions, motion(s) should be made in the affirmative. There can be no discussion after a main motion is made until there is a second to the motion. If a second to the motion is not made, then the motion will die for lack of a second. 10.6 AMENDMENTS TO A MAIN MOTION A) Voluntary: At any time before the question is called on a pending motion, the PUBLIC BODY Councilmember who made the motion may ask that his/her motion be amended. If the PUBLIC BODY Councilmember who seconded the main motion agrees, then the motion shall be considered amended voluntarily. No more than one amendment to an amendment shall be permitted for any item. B) Involuntary: At any time before the question is called on a pending motion, a PUBLIC BODY Councilmember may make a motion to amend the motion. At that time the discussion of the underlying issue will stop. If there is not a second to the motion to amend, then discussion on the underlying issue will continue. If the motion to amend is adopted by a majority of the PUBLIC BODY Council, discussion will continue on the (now) amended motion. If the motion to amend fails, discussion will continue on the original motion on the floor. F:\Council\Parl Rules & Procedures ENROLLED Office of the Oro Valley Town Attorney/5.24.2010 22 C) Voluntary Withdrawal: At any time before the question is called on a pending motion, the PUBLIC BODY Councilmember who made the motion may ask that his/her motion be withdrawn. The motion will be withdrawn only in the event that the PUBLIC BODY Councilmember who seconded the motion agrees to withdraw the motion. 10.7 CALLING THE QUESTION Discussion shall end at the time the question is called, or at the time the Mayor CHAIRPERSON determines that there is no further need for discussion. However, when there is a Call for the Question, the Mayor CHAIRPERSON moves to close discussion. A second to the motion and two-thirds vote of the PUBLIC BODY Council is required to do so. This action shall close the discussion against the will of even one member who wishes to speak. If the Mayor CHAIRPERSON attempts to close discussion and a PUBLIC BODY Councilmember wishes to continue the discussion, the question that should be raised by that PUBLIC BODY Councilmember is a Point of Order. A Point of Order, raised by a PUBLIC BODY Councilmember, calls upon the Mayor CHAIRPERSON for a ruling and an enforcement of the rules. 10.8 TAKING THE VOTE The Mayor CHAIRPERSON shall ask PUBLIC BODY Councilmembers to designate his/her vote by announcing “aye” or “nay.” If a PUBLIC BODY Councilmember abstains from voting, that vote is considered a neutral vote. The effect of the abstention, whether through deliberate neutrality or otherwise, may have the effect of a “nay” vote.1 If, prior to the vote or after the vote, any PUBLIC BODY Councilmember requests a Roll Call vote, the Town Clerk OR DESIGNEE shall call Roll, and each PUBLIC BODY Councilmember shall state his/her vote aloud. 10.9 ANNOUNCING THE RESULT OF THE VOTE After the vote, the Mayor CHAIRPERSON shall announce whether the motion passed or failed, and the results of the vote. 10.10 TIE VOTES In the case of a tie in votes on any motion, the motion shall be considered lost. 10.11 ORDINANCE EMERGENCY CLAUSE 1 If the Council vote is 2-2-1 with a Councilmember abstaining, then the matter would not pass for lack of a majority. If the Council vote is 2-1-1 with a Councilmember abstaining, then the matter would also not pass for lack of a majority. F:\Council\Parl Rules & Procedures ENROLLED Office of the Oro Valley Town Attorney/5.24.2010 23 FOR COUNCIL ONLY, when an ordinance includes an emergency clause, it shall be prepared as provided by law and it shall become immediately effective. An emergency clause requires a three-fourths vote pursuant to ARS § 19-142(B). SECTION 11. MOTIONS 11.1 RECONSIDERATION OF MOTIONS Reconsideration of any action taken by PUBLIC BODY Council must be by motion by a PUBLIC BODY Councilmember who was on the prevailing side of the vote. A. Once an item is discussed at a meeting and the PUBLIC BODY Council has gone on to another agenda item, the item considered cannot be again considered at that same meeting unless it can be positively determined that all persons who were present when the item was first considered are still present. IN THAT CASE, THE MATTER WILL BE PLACED ON THE NEXT REGULARLY SCHEDULED MEETING AGENDA. B. Said reconsideration of any action taken by PUBLIC BODY Council must be by motion by a PUBLIC BODY Councilmember who was on the prevailing side of the vote. Such motion must be filed with the PUBLIC BODY Council IN THE (Town Clerk’s office) and the Town Clerk OR DESIGNEE shall place that item on the agenda prior to the next regularly scheduled Council meeting OF THE PUBLIC BODY. At the time of that meeting before the matter may be considered, there must be a second to the Motion to Reconsider. C. If the motion to reconsider failed, the PUBLIC BODY Council will skip the next agenda item, which will be the discussion and vote of the original issue. D. If the motion to reconsider was successful, the PUBLIC BODY Council will continue that item to a specific date in the future. 11.2 MOTIONS TO ADJOURN A motion to adjourn may be made at any time, and this motion takes precedence over all other motions in accordance with Roberts Rules of Order. 11.3 MOTIONS TO RECESS A motion to recess may be made at any time. THE CHAIR MAY CALL A RECESS AT ANY TIME THE CHAIR DEEMS APPROPRIATE. F:\Council\Parl Rules & Procedures ENROLLED Office of the Oro Valley Town Attorney/5.24.2010 24 11.4 MOTIONS WITH A FIXED TIME TO ADJOURN A motion with a fixed time to adjourn is not in order when another has the floor. This motion requires a second, is not debatable, is amendable, requires a majority vote, and may be reconsidered. 11.5 MAIN MOTION A main motion is a motion to consider action and should be phrased in the positive. SECTION 12. CONFLICT OF INTEREST 12.1 INTRODUCTION Occasionally, a PUBLIC BODY Council member may find himself/herself in a situation which requires that PUBLIC BODY Council member to remove himself/herself from participation in the decision making DECISION-MAKING process and from voting on a matter before the PUBLIC BODY Council. This situation exists when the PUBLIC BODY Council member has a “conflict of interest” as defined by applicable laws. These laws establish minimum standards for the conduct of PUBLIC BODY Council members who, in their official capacity, are, or may become involved with, a decision which might unduly affect their personal interests or those of their close relatives. Arizona law defines those close relatives to include "spouse, child, grandchild, parent, grandparent, brother or sister of whole or half blood and their spouses, and the parent, brother, sister or child of a spouse." 12.2 PURPOSE OF CONFLICT OF INTEREST LAWS The purpose of Arizona’s conflict of interest laws is to prevent self-dealing by PUBLIC BODY Council members and other public officials. The financial interest of PUBLIC BODY Council members must not conflict with the unbiased performance of their public duties. One cannot serve two masters with conflicting interests. The object of the statutes is to remove or limit any improper influence, direct or indirect, which might bear on an official’s decision, as well as to discourage deliberate dishonesty. 12.3 THE ARIZONA CONFLICT OF INTEREST LAW Pursuant to ARS § 38-503: A) Any PUBLIC BODY Council member who has, or whose close relative has, a substantial interest in any contract, sale, purchase or F:\Council\Parl Rules & Procedures ENROLLED Office of the Oro Valley Town Attorney/5.24.2010 25 service to the Town shall make known that interest in the official records of the Town and shall refrain from voting upon or otherwise participating in any manner as a PUBLIC BODY Council member in such contract, sale or purchase. B) Any PUBLIC BODY Council member who has, or whose (sic) WHO’S relative has, a substantial interest in any decision of the Town shall make known such interest in the official records of the Town and shall refrain from participating in any manner as a PUBLIC BODY Council member in such decision. 12.4 SUBSTANTIAL INTEREST WHERE A PUBLIC BODY MEMBER HAS A SUBSTANTIAL INTEREST IN THE PENDING MATTER, DISQUALIFATION IS REQUIRED IN ACCORDANCE WITH The preceding subsection tells us that disqualification is required where a Council member has a “substantial interest” in the pending matter. But, what is a “substantial interest?" The law, ARS 38-503,. tells us that a “substantial interest” is basically any financial interest of the Council member or close relative, which is not a “remote interest." IF A MEMBER OF THE PUBLIC BODY IS UNSURE ABOUT A CONFLICT, THEY SHALL CONSULT WITH APPROPRIATE TOWN LEGAL COUNSEL. SEE APPENDIX A FOR CONFLICT OF INTEREST CRITERIA AND CONFLICT OF INTEREST REPORT FORM. The Legislature has determined that certain economic interests are so remote that they do not unduly influence a person’s decisions or actions. These “remote interests” are discussed below. Unless the interest is one of the nine remote interests described in the following subsection, the interest is substantial and creates a conflict of interest. To determine whether a substantial interest exists, a Council member should ask the following questions: A) Will the decision affect, either positively or negatively, an interest of the Council member or a close relative? B) Is the interest a pecuniary or proprietary interest, i.e. does it affect a financial or property interest? C) Is the interest other than one of the nine remote interests described below? If the answer to each of these questions is yes, then a substantial interest exists which requires disclosure and disqualification by the PUBLIC BODY Council member. F:\Council\Parl Rules & Procedures ENROLLED Office of the Oro Valley Town Attorney/5.24.2010 26 Although Council members may not themselves have a substantial interest in a decision in which they are about to participate, if one of their close relatives has a substantial interest in the decision, the Council member must disclose the interest and refrain from participating in the decision. 12.5 REMOTE INTERESTS (SEE APPENDIX A) Arizona law excludes from the definition of a substantial interest certain enumerated remote interests. Any interest in a decision or contract not falling within the following remote interests is a substantial interest requiring withdrawal from participation: A) Non-Profit Corporations. If the Councilmember or their close relative is a non-salaried officer of a nonprofit corporation, he or she has a remote interest in any decision affecting that corporation. B) Landlord/Tenant of a Contracting Party. If a Councilmember or their close relative is a landlord or tenant of a party contracting with the Town, the Councilmember has a remote interest in a decision regarding the contract. C) Attorney of a Contracting Party. If the Councilmember or their close relative represents a client contracting with the Town, he/she has a remote interest in a decision affecting the client’s contract. For example, if the Council is considering awarding a contract to a contractor, which is represented by an attorney, who is related to the Councilmember, that Councilmembers interest in the awarding of the contract is remote. D) Nonprofit Cooperative Marketing Associations. If a Councilmember or their close relative is a member of a nonprofit cooperative marketing association, he/she has a remote interest in any decision affecting that association. E) Insignificant Stock Ownership. If a Councilmember or their close relative owns less than three percent of the shares of a corporation for profit, and if the income from those shares does not exceed five percent of the person’s total annual income, he/she has a remote interest in any decision affecting that corporation. F) Reimbursement of Expenses. If a Councilmember or their close relative is being reimbursed for actual and necessary expenses incurred in the performance of official duties, he/she has a remote interest in any decision affecting that reimbursement. F:\Council\Parl Rules & Procedures ENROLLED Office of the Oro Valley Town Attorney/5.24.2010 27 G) Recipient of Public Services Generally Available. If the Councilmember or their close relative is a recipient of public services provided by the Town, and if those services are available to the general public, the Councilmember has a remote interest in any decision affecting those services. H) Class Interests. If the Councilmember or their close relative is a member of a trade, business, profession or other class of persons, and the interest is no greater than the interest of the other members of the class, the Councilmember has a remote interest in any decision affecting the class. For example, if the Council was considering a decrease in Bed Tax and a Councilmember’s son owned a business subject to the tax, the interest is remote because the son benefits no more or less than other owners of such a business. I) Interests of Other Agencies. A Councilmember may participate in a decision that indirectly affects a close relative who is an officer or employee of another public agency. For example, the head of the state agency responsible for allocating funds to local governments could participate in such decisions even though his/her spouse was an officer or employee of the local government. If, however, the decision confers some direct economic benefit or detriment resulting in the termination of a spouse’s employment by the local government, a conflict of interest is present. 12.6 RESTRICTIONS ON CONTRACTS FOR SUPPLIES OR SERVICES Pursuant to ARS § 38-503(C)(2), a PUBLIC BODY Councilmember, or their close relative as described in § 12.1, may sell to the Town any supplies or equipment valued at not more than $300 in any single transaction, or $1,000 in any one year, except as provided for by State law and if the policy for such purchases is approved annually. 12.7 DISCLOSURE OF INTEREST Pursuant to ARS § 41-1346 41-151, the Town shall maintain an active system for the management of public records so that all documents necessary to memorialize disclosures of substantial interest are made available for public inspection. Any PUBLIC BODY Councilmember who has a conflict of interest in any decision must disclose that interest. The PUBLIC BODY Councilmember shall file with the Town Clerk a signed Conflict of Interest Disclosure Memorandum (See Appendix A) fully disclosing the interest and declaring the existence of the conflict and the reasons at a PUBLIC BODY Council meeting. F:\Council\Parl Rules & Procedures ENROLLED Office of the Oro Valley Town Attorney/5.24.2010 28 12.8 WITHDRAWAL FROM PARTICIPATION PUBLIC BODY Councilmembers shall immediately and publicly declare a conflict in matters which the PUBLIC BODY Councilmember, or whose close relative, would have a substantial interest due to a pecuniary interest or bias. Having disclosed the conflict of interest and withdrawn in the matter, the PUBLIC BODY Councilmember must not communicate about the matter with anyone involved in the decision making DECISION-MAKING process in order to avoid the appearance of impropriety. Further, the PUBLIC BODY Councilmember should not otherwise attempt to influence the decision and should withdraw from the Council chambers PUBLIC MEETING ROOM while the matter is considered. If that issue is not resolved at that meeting, that PUBLIC BODY Councilmember shall not discuss the matter with any other PUBLIC BODY Councilmember until the matter is finally resolved. The PUBLIC BODY Councilmember who declared the conflict may return to their seat when that agenda item is completed. 12.9 RULE OF IMPOSSIBILITY (CONFLICT OF THE MAJORITY) ARS § 38-508 (B) specifically permits a PUBLIC BODY Councilmember(s) to vote in the event of an apparent conflict as provided for in ARS § 38-503 when the failure to vote would prevent the PUBLIC BODY Council from taking action. The PUBLIC BODY Councilmember must disclose the substantial interest in the public records of the Town prior to voting on that issue. 12.10 IMPROPER USE OF OFFICE FOR PERSONAL GAIN Pursuant to ARS § 38-504(C), PUBLIC BODY Councilmembers are prohibited from using or attempting to use their official position to secure valuable things or benefits for themselves, unless those are part of the compensation they would normally be entitled to for performing their duties. Pursuant to ARS § 13-2602, it is a class 4 felony for a PUBLIC BODY Councilmember to solicit, accept, or agree to accept any benefit upon an understanding that his or her vote, opinion, judgment, or other official action may thereby be influenced. Pursuant to ARS § 38-444, it is a class 6 felony for a PUBLIC BODY Councilmember to ask to receive any unauthorized gratuity or reward or promise of a gratuity or reward for doing an official act. 12.11 SANCTIONS FOR VIOLATIONS A) Pursuant to ARS § 38-510 (A)(1), a PUBLIC BODY Councilmember who knowingly or intentionally violates any provision of the conflict of interest CONFLICT-OF-INTEREST law may be charged with a class 6 felony. B) Pursuant to ARS § 38-510 (B)(A)(2), a PUBLIC BODY Councilmember who negligently or recklessly violates the law may be charged with a class 1 misdemeanor. This means that a person may F:\Council\Parl Rules & Procedures ENROLLED Office of the Oro Valley Town Attorney/5.24.2010 29 be prosecuted for failure to disclose a conflict of interest, even though that person was not aware of the conflict. C) Pursuant to ARS § 38-510 (C)(B), upon conviction of a violation of the conflict of interest CONFLICT-OF-INTEREST laws, a PUBLIC BODY Councilmember forfeits the public office. D) Pursuant to ARS § 38-511, as amended, any contract made by the Town is subject to cancellation if anyone significantly involved in the contract process on behalf of the Town was or is also employed by or acted as consultant to any other party to the contract during the time the contract or extension to the contract is in effect. E) Any person who is affected by a Town decision made in violation of the conflict of interest CONFLICT-OF-INTEREST laws, may sue to have the contract or decision declared null and void. The court may award costs and attorney’s fees to the prevailing party. Persons claiming that a PUBLIC BODY Councilmember had a pecuniary interest in making a decision against them may also file suit in state or federal court alleging a violation of their civil rights. In this instance, a PUBLIC BODY Councilmember is thought to have engaged in self- dealing through the powers of a PUBLIC BODY Councilmember, and by placing oneself ahead of the welfare of the Town, the PUBLIC BODY Councilmember lies outside of his/her official capacity. 12.12 NON-STATUTORY CONFLICTS OF INTEREST Occasionally, a PUBLIC BODY Councilmember may feel that he/she should ethically refrain from participation in a decision even though the circumstances may not amount to a conflict of interest under the state law described above. It is the policy of the PUBLIC BODY Council to encourage PUBLIC BODY Councilmembers to adhere to strongly held ethical values, which are exercised in good faith. However, participation is encouraged in the decision making DECISION MAKING process unless the matter involves the PUBLIC BODY Councilmembers personal conduct or a conflict of interest set forth by statute. PUBLIC BODY Councilmembers are expected to weigh these considerations and follow their conscience. SECTION 13. CODE OF CONDUCT 13.1 COMPETENT REPRESENTATION PUBLIC BODY Councilmembers shall provide competent representation for Town residents. Competent representation requires the knowledge, skill, thoroughness and preparation reasonably necessary to make an informed F:\Council\Parl Rules & Procedures ENROLLED Office of the Oro Valley Town Attorney/5.24.2010 30 decision regarding issues coming before the PUBLIC BODY Council which directly affects the residents that they represent. 13.2 ARIZONA OPEN MEETING LAW PUBLIC BODY Councilmembers shall meet in accordance with the Arizona Open Meeting Law and as required by Arizona State law discussing only those issues noted on the agenda. PUBLIC BODY Councilmembers shall only discuss and decide issues at a properly noticed public meeting. 13.3 CONFIDENTIALITY PUBLIC BODY Councilmembers shall maintain confidentiality of matters discussed in Executive Session and those issued under a ‘confidential’ and ‘attorney-client privilege’ caption by legal counsel. Pursuant to ARS § 38-431.03, a PUBLIC BODY Councilmember shall not disclose such information except to the Attorney General or County Attorney pursuant to an official request made in connection with an authorized audit as provided by law. In accordance with ARS § 38-431.07(A), a PUBLIC BODY Councilmember shall neither knowingly aid, agree to aid, or attempt to aid another person in the unauthorized disclosure of Executive Session and/or confidential material in any form, which carries a minimum civil penalty not to exceed $500 per infraction. 13.4 POLITICAL SYSTEM PUBLIC BODY Councilmembers shall demonstrate respect for the political system and for those who serve it, including other public officials. 13.5 LEGAL ADVICE PUBLIC BODY Councilmembers shall seek advice from the Town Attorney OR THE ATTORNEY’S DESIGNEE at any point that a legal issue arises or where litigation is alleged. 13.6 RESPECT PUBLIC BODY Councilmembers shall show respect to all colleagues by acting in a professional and dignified manner whether in support of the issue or expressing an adverse point of view. PUBLIC BODY MEMBERS SHALL SHOW RESPECT TO ALL COLLEAGUES BY ACTING IN A PROFESSIONAL AND DIGNIFIED MANNER WHETHER IN SUPPORT OF THE ISSUE OR EXPRESSING AN ADVERSE POINT OF VIEW. ALL PERSONS PRESENT AT THE MEETING HAVE AN OBLIGATION TO OBEY THE LEGITIMATE ORDERS OF THE PRESIDING CHAIR, WHICH INCLUDES CALLING A MEMBER TO ORDER. IF A MEMBER COMMITS F:\Council\Parl Rules & Procedures ENROLLED Office of the Oro Valley Town Attorney/5.24.2010 31 ONLY A SLIGHT BREACH OF ORDER SUCH AS ADDRESSING ANOTHER MEMBER INSTEAD OF THE CHAIR IN DEBATE OR, IN A SINGLE INSTANCE, FAILING TO CONFINE HIS REMARKS TO MERITS OF THE PENDING QUESTION—THE CHAIR SIMPLY POINTS OUT THE FAULT AND ADVISES THE MEMBER TO AVOID IT. THE MEMBER CAN THEN CONTINUE SPEAKING IF HE COMMITS NO FURTHER BREACHES. IF THE OFFENSE IS MORE SERIOUS THAN IN THE CASE ABOVE, AS WHEN A MEMBER REPEATEDLY QUESTIONS THE MOTIVES OF OTHER MEMBERS WHOM HE MENTIONS BY NAME OR PERSISTENT SPEAKING ON COMPLETELY IRRELEVANT MATTERS IN DEBATE, THE CHAIR WILL NORMALLY FIRST WARN THE MEMBER, BUT WITHOUT SUCH A WARNING THE CHAIR OR ANY OTHER MEMBER CAN CALL A MEMBER TO ORDER. IF THE CHAIR DOES THIS, THE CHAIR SAYS THE MEMBER IS OUT OF ORDER. IF THE MEMBER PERSISTS IN THEIR BEHAVIOR, THE CHAIR WILL STATE THAT CHAIR HAS REPEATEDLY DIRECTED THE MEMBER TO REFRAIN FROM OFFENSIVE PERSONAL REFERENCES WHEN SPEAKING IN THE MEETING. IF A MEMBER OBEYS AT THIS POINT, THE MATTER CAN BE DROPPED OR NOT AS THE ASSEMBLY CHOOSES. THE CASE MAY BE SUFFICIENTLY RESOLVED BY AN APOLOGY OR A WITHDRAWAL OF ALL OBJECTIONAL STATEMENTS OR REMARKS BY THE OFFENDER. BUT IF NOT, ANY MEMBER CAN MOVE TO ORDER A PENALTY, OR THE CHAIR CAN FIRST ASK WHAT PENALTIES SHALL BE IMPOSED ON THE MEMBER. A MOTION OFFERED IN A CASE OF THIS KIND CAN PROPOSE A MEMBER BE REQUIRED TO MAKE AN APOLOGY, THAT THE MEMBER BE CENSORED OR THAT THE MEMBER BE REQUIRED TO LEAVE THE HALL DURING THE REMAINDER OF THE MEETING OR UNTIL THE MEMBER IS PREPARED TO APOLOGIZE. IF A MEMBER DENIES HAVING SAID ANYTHING IMPROPER, THE WORDS RECORDED BY THE CLERK CAN BE READ TO THE MEMBER AND, IF NECESSARY, THE ASSEMBLY CAN DECIDE BY VOTE WHETHER THE MEMBER WAS HEARD TO SAY IT. ON THE DEMAND OF A SINGLE MEMBER, OTHER THAN THE NAMED MEMBER WHO IS NOT CONSIDERED TO BE A VOTING MEMBER WHILE THE MATTER IS PENDING, THE VOTE ON IMPOSING A PENALTY MUST BE TAKEN BY BALLOT. THE SERGEANT AT ARMS MAY REMOVE THE MEMBER UPON INSTRUCTION OF THE CHAIR. SUCH A STEP SHOULD ONLY BE TAKEN AS A LAST RESORT AND BY A PERSON WHO REFUSES TO LEAVE UPON REQUEST BY THE CHAIR. 13.7 COMMUNICATION F:\Council\Parl Rules & Procedures ENROLLED Office of the Oro Valley Town Attorney/5.24.2010 32 PUBLIC BODY Councilmembers shall communicate openly and honestly with Town residents so as to instill confidence and trust. 13.8 WEIGHT OF RULES AND LAWS PUBLIC BODY Councilmembers shall consider the weight of the rules, laws, and ordinances on the majority of the residents and the long-term effects upon the Town. 13.9 INFORMATION All PUBLIC BODY Councilmembers shall be provided equal access to information, documents, or materials. 13.10 REPRESENTATIVE A Councilmember may serve as a representative of the Town on boards of outside agencies or internal boards, commissions and committees as appointed by vote of the Council. Such appointments are intended for the purpose of gathering information and sharing viewpoints and Council policy regarding issues, which will directly affect the Town. Councilmembers shall inform the entire Council in regard to the information or proposed regulations, which will affect the Town and share with the agency the majority decision or viewpoint of the Council. 13.11 AVAILABILITY PUBLIC BODY Councilmembers shall be available at reasonable times to Town residents for the conduct of official Town business. 13.12 IMPROVEMENT PUBLIC BODY Councilmembers shall seek improvement of the laws, rules, regulations and quality of services rendered and which promote the health, safety, and welfare of all Town residents. 13.13 RESPONSIBILITY As an elected public official, a Councilmember has a responsibility to assure that regulations promulgated by it are in the public interests. F:\Council\Parl Rules & Procedures ENROLLED Office of the Oro Valley Town Attorney/5.24.2010 33 APPENDIX A CONFLICT OF INTEREST DETERMINATION AND DISCLOSURE MEMORANDUM The Legislature has determined that certain economic interests are so remote that they do not unduly influence a person’s decisions or actions. These “remote interests” are discussed below. Unless the interest is one of the nine remote interests described in the following subsection, the interest is substantial and creates a conflict of interest. To determine whether a substantial interest exists, a PUBLIC BODY Council member should ask the following questions: A) Will the decision affect, either positively or negatively, an interest of the PUBLIC BODY Council member or a close relative? B) Is the interest a pecuniary or proprietary interest, i.e. does it affect a financial or property interest OF THE PUBLIC BODY MEMBER OR CLOSE RELATIVE? C) Is the interest other than one of the nine remote interests described below? If the answer to each of these questions is yes, then a substantial interest exists which requires disclosure and disqualification by the PUBLIC BODY Council member. Although PUBLIC BODY Council members may not themselves have a substantial interest in a decision in which they are about to participate, if one of their close relatives has a substantial interest in the decision, the PUBLIC BODY Council member must disclose the interest and refrain from participating in the decision. Arizona law excludes from the definition of a substantial interest certain enumerated remote interests. Any interest in a decision or contract not falling within the following remote interests is a substantial interest requiring withdrawal from participation: D) Non-Profit Corporations. If the PUBLIC BODY Councilmember or their close relative is a non-salaried officer of a nonprofit corporation, he or she has a remote interest in any decision affecting that corporation. E) Landlord/Tenant of a Contracting Party. If a PUBLIC BODY Councilmember or their close relative is a landlord or tenant of a F:\Council\Parl Rules & Procedures ENROLLED Office of the Oro Valley Town Attorney/5.24.2010 34 party contracting with the Town, the PUBLIC BODY Councilmember has a remote interest in a decision regarding the contract. F) Attorney of a Contracting Party. If the PUBLIC BODY Councilmember or their close relative represents a client contracting with the Town, he/she has a remote interest in a decision affecting the client’s contract. For example, if the PUBLIC BODY Council is considering awarding a contract to a contractor, which is represented by an attorney, who is related to the PUBLIC BODY Councilmember, that PUBLIC BODY Councilmembers interest in the awarding of the contract is remote. G) Nonprofit Cooperative Marketing Associations. If a PUBLIC BODY Councilmember or their close relative is a member of a nonprofit cooperative marketing association, he/she has a remote interest in any decision affecting that association. H) Insignificant Stock Ownership. If a PUBLIC BODY Councilmember or their close relative owns less than three percent of the shares of a corporation for profit, and if the income from those shares does not exceed five percent of the person’s total annual income, he/she has a remote interest in any decision affecting that corporation. I) Reimbursement of Expenses. If a PUBLIC BODY Councilmember or their close relative is being reimbursed for actual and necessary expenses incurred in the performance of official duties, he/she has a remote interest in any decision affecting that reimbursement. J) Recipient of Public Services Generally Available. If the PUBLIC BODY Councilmember or their close relative is a recipient of public services provided by the Town, and if those services are available to the general public, the PUBLIC BODY Councilmember has a remote interest in any decision affecting those services. K) Class Interests. If the PUBLIC BODY Councilmember or their close relative is a member of a trade, business, profession or other class of persons, and the interest is no greater than the interest of the other members of the class, the PUBLIC BODY Councilmember has a remote interest in any decision affecting the class. For example, if the PUBLIC BODY Council was considering a decrease in Bed Tax and a PUBLIC BODY Councilmember’s son owned a business subject to the tax, the interest is remote because the son benefits no more or less than other owners of such a business. F:\Council\Parl Rules & Procedures ENROLLED Office of the Oro Valley Town Attorney/5.24.2010 35 L) Interests of Other Agencies. A PUBLIC BODY Councilmember may participate in a decision that indirectly affects a close relative who is an officer or employee of another public agency. For example, the head of the state agency responsible for allocating funds to local governments could participate in such decisions even though his/her spouse was an officer or employee of the local government. If, however, the decision confers some direct economic benefit or detriment resulting in the termination of a spouse’s employment by the local government, a conflict of interest is present. IN THE EVENT THE PUBLIC BODY MEMBER HAS DETERMINED THEY HAVE A CONFLICT OF INTEREST, THE PUBLIC BODY MEMBER SHALL COMPLETE THE FOLLOWING FORM AND SUBMIT IT TO THE TOWN CLERK PRIOR TO THE MEETING WHERE THE CONFLICT OF INTEREST ITEM IS TO BE CONSIDERED. F:\Council\Parl Rules & Procedures ENROLLED Office of the Oro Valley Town Attorney/5.24.2010 36 CONFLICT OF INTEREST DISCLOSURE MEMORANDUM TO: Michael Standish, Town Clerk Town of Oro Valley 11,000 N. La Cañada Drive Oro Valley, AZ 85737-7016 FROM: ___________________________ DATE: ___________________________ RE: Conflict of Interest Disclosure Pursuant to A.R.S. §§ 38-501 to 38-511 1. Identify the decision, case investigation, or other matter in which you or your relative may have a “substantial interest” under A.R.S. §§ 38-501 to 38-511. 2. Describe the “substantial interest” referred to above. Statement of Disqualification To avoid any possible conflict of interest as defined in A.R.S. §§ 38-501 to 38-511, I will refrain from participating in any manner as identified above. _______________ _______________________________________ Date Signature F:\Council\Parl Rules & Procedures ENROLLED Office of the Oro Valley Town Attorney/5.24.2010 37 APPENDIX “B” – amended APPOINTMENT PROCESS OF TOWN OF ORO VALLEY VOLUNTEERS TO BOARDS, COMMISSIONS, COMMITTEES ADVISORY BOARDS AND TASK FORCES In accordance with Oro Valley Town Code Section 2-4-8, the Mayor and Council may create any Town Board, Commission, Committee, Advisory Boards, or Task Force (“Board”), standing or special, as it deems necessary. Therefore, the process surrounding appointments to a Board should be streamlined in order to facilitate an efficient and courteous appointment as follows: Advertising: Post calls for applicants at Town hall, in the local newspaper, on the Town web page, and other appropriate electronic formats, including Town- sanctioned social media. Application: Volunteers must complete an application to be considered for appointment to a Board, which is submitted to the Town Clerk. If the volunteer is not selected, the application remains in a database for 2 years, which is reviewed when any vacancies occur depending upon interest of the volunteer as stated in the application. Those members wanting to be considered for reappointment must send a letter to the staff representative indicating their interest in reappointment and include any information that would supplement their application which is on file with the Town Clerk. Interview Committee: Following an interview of volunteer applications, the interview committee makes a determination, and then forwards their recommendation for appointment/reappointment to the Board before the Mayor & Council for determination at a regular Town Council meeting. The Interview Committee Panel consists of Council Liaison, Board Chair (or Vice-Chair if term of the Chair is due to expire), and Department Director (or Division Manager) responsible for staff support to that particular Board. Notification: New Volunteer Recommended for Appointment: Prospective appointment is forwarded a copy of the Council Communication naming those volunteers recommended for appointment along with a personal letter notifying the prospective appointee of the Council meeting date at which they shall be recommended for appointment. New Volunteer Not Recommended for Appointment: The volunteer not chosen for appointment is forwarded the Council Communication naming those F:\Council\Parl Rules & Procedures ENROLLED Office of the Oro Valley Town Attorney/5.24.2010 38 volunteers recommended for appointment along with an explanation that their volunteer application will be kept on file for 2 years. Current Volunteer Not Recommended for Reappointment: The volunteer not recommended for reappointment is forwarded the Council Communication naming those volunteers recommended for appointment along with notification from the Council Liaison sitting on the Interview Committee explaining the decision surrounding the recommendation. Criteria for Appointment: 1) Availability, and 2) Completion or commitment to complete OF the Community Academy WITHIN THEIR FIRST FULL TERM. Criteria for Reappointment: 1) Minimum Performance and Attendance, and 2) Board training in addition to the completion of the Community Academy within the volunteer’s FIRST FULL TERM 2-year term. Terms: Appointments shall be made for 2-year terms (or 3-year terms when applicable), and the volunteer shall continue service until reappointed or replaced. Upon successful completion of a term, the volunteer may be considered for reappointment without a formal interview with the interview committee panel. If the volunteer does not wish to be considered for reappointment, the position becomes open to other applicants. Term Limits: No volunteer shall serve more than 2 consecutive terms, either 2- year terms (4 consecutive years maximum) or 3-year terms (6 consecutive years maximum) depending upon the board. Once a volunteer has completed the maximum number of terms on a board, the volunteer may not be eligible for appointment to that board for a period of 1 year following the completion of their second term. Appointment of a member to complete the remaining portion of an unexpired term of a former member shall not be counted against the term limits established by this section for the newly appointed member. Concurrent Office: No volunteer shall serve on more than one Standing Board at any time. A standing Board is that Board appointed by the Council for an unspecified duration and has regularly scheduled meetings. Town Employee: Town Employees shall not serve on any standing Board. Attendance: A vacancy shall be deemed to have occurred upon three (3) consecutive unexcused absences, or as determined by the individual Board rules and procedures. Training: All new volunteers and those seeking reappointment shall commit to the completion of the Community Academy offered by the Town of Oro Valley, F:\Council\Parl Rules & Procedures ENROLLED Office of the Oro Valley Town Attorney/5.24.2010 39 and are encouraged to seek out additional training opportunities such as conferences, seminars and workshops relevant to the subject matter or discipline of their respective Board. The Town shall make every effort to provide the logistics and payment for any and all training workshops attended by the volunteer. The Town Clerk shall monitor compliance with volunteer training requirements. F:\Council\Parl Rules & Procedures ENROLLED Office of the Oro Valley Town Attorney/5.24.2010 40 APPENDIX “C” CONSIDERATIONS FOR SERVICE ON TOWN OF ORO VALLEY BOARDS, COMMISSIONS, COMMITTEES AND OTHER VOLUNTEER PUBLIC BODIES Introduction: Members of Town boards, commissions, committees and other volunteer public bodies (“appointed public bodies”) are appointed by the Town Council. Council Members are the constituents of the members of the various appointed public bodies in that such members have been authorized to act as the agents of the Council for the limited purposes relating to each such appointed public body. With the exception of the members of the Board of Adjustment, these members serve at the pleasure of the Council. Board of Adjustment members are appointed for two-year terms, and may be removed by Council for “neglect of duty, inefficiency, or misconduct in office.” OVZCR 21.6.D. 1. The general purpose of the appointed public bodies is to serve the interests of the Town, as a whole, in accordance with the overall direction established by the Council. It is expected that appointed members will act consistently with this general principle. Each appointee is also expected to act within the scope of his or her authority, and act consistently with the Town Codes, ordinances, resolutions, policies and procedures and applicable federal and state law including specifically the Open Meeting Law, Public Records Law and the laws concerning conflicts of interest and financial disclosure. 2. Certain boards, commissions, committees and other volunteer public bodies primarily advise the Council concerning general matters of interest to the community at large. An example of this type of appointed public body is the Parks and Recreation Advisory Board. Other boards, commissions, committees and other volunteer public bodies regularly handle contested cases. A “contested case” is a matter or proceeding before a Town board, commission or boards, commissions, committees and other volunteer public bodies in which legal interests, rights, duties or privileges of one or more specific parties are addressed by a decision or recommendation of that appointed public body. An example of this is the Planning and Zoning Commission. In certain instances appointed public bodies are part of the Town proceedings for the establishment or setting rates and fees. Appointees involved in contested cases or participating in rate or fee setting proceedings, in particular, are expected to act in careful regard of their responsibilities and these guidelines. 3. It is expected that an appointee will avoid the appearance of partiality or unfairness as a decision-maker in any matter before the public body of which he or she is a member. Among the actions that may assist an appointee in avoiding the appearance of partiality or unfairness are: • Treating all public participants with the same degree of politeness and formality before and during a meeting, including breaks, to avoid the impression that some participants may expect special treatment. F:\Council\Parl Rules & Procedures ENROLLED Office of the Oro Valley Town Attorney/5.24.2010 41 • Not meeting with a party or a particular side concerning a “contested case” outside of the meeting of the public body to avoid the impression that certain parties have the privilege of special access to promote their particular interests before the public body. Generally, public meetings are the proper venue for members of a public body to gather information upon which to base a decision. • Waiting until all the facts are presented to the appointed public body before passing public judgment as an individual member. The official record upon which a decision or recommendation may appropriately be based is the record of public proceedings, not simply one’s personal back- ground knowledge. • An appointee removing himself or herself from any particular proceeding of the appointed public body relating to a matter in which the appearance of impartiality and fairness has been compromised by activities and/or public statements of the appointee. 4. It is expected that an appointee who disagrees with fellow public officials, decisions of the Town Council, Town administration, the decisions of his or her own public body or the decisions of other boards, commissions, committees and other volunteer public bodies will do so constructively, based on facts, consistent with applicable law, and avoiding personal attacks, misleading statements or unsupported accusations. 5. It is expected that an appointee will respect the proceedings of other appointed public bodies by: • Addressing members and staff during the meeting through the person who is chairing the meeting, avoiding the use of first names. • First identifying whether he or she is appearing as a private citizen or is appearing officially on behalf of the public body of which he or she is a member. • Avoiding lecturing members of a sister board, commission, committee or other volunteer public body on their responsibilities and authority as members of that public body. • Not disrupting the proceedings of another public body by approaching the dais or staff desk area while the public body is in session, unless invited to do so by the person chairing the meeting. • First raising any questions or concerns about the decisions or proceedings of another public body with staff or the chairperson. 6. It is expected that an appointee will be considerate of the fact that the elected Council Members are ultimately responsible for setting Town policy and directing its implementation. An appointee may be opposed to a course of action or decision by Council, or implementation of the same, and still continue to serve as a member of his or her public body. In the event, however, that an appointee wishes to actively and publicly oppose a course of action or decision by Council, or the implementation of the same, then it is expected that the appointee will F:\Council\Parl Rules & Procedures ENROLLED Office of the Oro Valley Town Attorney/5.24.2010 42 resign rather than act in public opposition to the administration he or she has been appointed to serve. Amended 1/21/04 by Resolution No. (R)04-03 Amended 12/7/05 by Resolution No. (R)05-119 Amended 12/1/10 by Resolution No. (R)10-88 Amended 1/18/12 by Resolution No. (R)12-04 Amended 10/18/17 by Resolution No. (R)17-40 Amended 12/5/18 by Resolution No. (R)18-51    Town Council Regular Session 2. Meeting Date:04/19/2023   Requested by: Bayer Vella, Community and Economic Development  Submitted By:Michael Spaeth, Community and Economic Development Case Number:2202942 SUBJECT: PUBLIC HEARING: DISCUSSION AND POSSIBLE ACTION REGARDING A PROPOSED AMENDMENT TO A CONDITIONAL USE PERMIT FOR CALIBER COLLISION, LOCATED WITHIN THE MERCADO DEL RIO COMMERCIAL CENTER NORTH OF PUSCH VIEW LANE, APPROXIMATELY 1/4-MILE WEST OF ORACLE ROAD RECOMMENDATION: The Planning and Zoning Commission recommends approval, subject to the conditions listed in Attachment 1.  EXECUTIVE SUMMARY: The purpose of this item is to consider a proposed amendment to an existing Conditional Use Permit (CUP) for Caliber Collision, located in the Mercado del Rio commercial center north of Pusch View Lane, approximately 1/4-mile west of Oracle Road (shown in yellow at right). The applicant is requesting an amendment to the existing CUP to "store all vehicles awaiting repair within the screened-in storage yard depicted on the associated CUP site plan". The applicants' revised site plan includes the following:  Expansion of storage space for vehicles awaiting repair (36 per existing site plan to 78 proposed)  An 8-foot screen wall surrounding the property to screen vehicles Enhanced landscaping to fill existing gaps and create a continuous tree canopy on exterior of screen wall Gates to restrict access and enhance security  The request is in response to a prior zoning violation related to outdoor storage of vehicles and employee parking on the subject and nearby properties and adjacent private streets. The applicant has been working with staff to remedy the issue and has signed a Code Compliance Agreement (Attachment 3). As part of this agreement, the applicant has reduced the number of vehicles parked on the neighboring property and within the streets adjacent to their buildings, two significant steps to address the issue. At this point, the remaining issue is the capacity for employee parking as there remain too many vehicles awaiting repair for the site to accommodate. The proposed amendment to the existing CUP and the associated site plan revisions are the final, long-term solution to achieve code compliance by providing ample storage space and employee parking. The Zoning Code establishes specific criteria for the evaluation of Conditional Use Permit applications as they typically generate more impacts on neighbors and surrounding properties. The extra level of review is necessary to ensure the use is a proper fit and all potential impacts are mitigated. The request, with the conditions listed in Attachment 1, is consistent with these criteria. Additional detail on the requests' conformance is provided in the Background and Detailed Information section of this report. Staff supports the applicant's request for the following reasons:  The request has little to no impact on surrounding properties as the site is:  Largely hidden behind the rear of businesses to the east, such as Target, Planet Fitness and Leslie's Pool supplies. Fully screened from the CDO multi-use path with a combination of heightened screen wall and an enhanced landscape buffer Obscured from view of existing and future development in the Mercado del Rio commercial center and primary roads within the area 1. It meets a small business need as current storage is insufficient2. The Planning and Zoning Commission considered the applicant's request at a public hearing in March and recommended conditional approval of the applicant's request, subject to the conditions listed in Attachment 1. BACKGROUND OR DETAILED INFORMATION: The subject property is approximately 1.24 acres in size and is located on Lot 11 of the Mercado del Rio commercial center. Prior approvals  1996: Site rezoned from R1-144 to C-2 as part of larger Mercado del Rio commercial center 2004: Master Development Plan approved 2008: Conditional Use Permit (CUP) for Car Wash approved with the following conditions:  No outdoor storage of vehicles is permitted within the parking lot area. All vehicles must be stored within the designated vehicular bays after hours All auto body repair and spraying related activities must be limited to inside the designated spraying booths or internal building areas 2014: Revised CUP for Caliber Collision expansion into previous car wash approved Site history Caliber expanded to the subject property in 2014 as they had outgrown the original building on Lot 11 immediately south. As part of the CUP for the expansion, limitations were put on outdoor storage of vehicles with the following condition:  No outdoor storage of vehicles is permitted within the parking lot area. All vehicles must be stored within the designated vehicular bays after hours Due to overwhelming demand and a backlog of vehicles awaiting repair, Caliber began storing the overflow on adjacent lots and roadways, leading to a zoning violation. The proposed amendment and associated site plan changes are in response to this prior violation. The applicant has been working with staff and the Mercado del Rio community association to remedy the issue. A Code Compliance Agreement (Attachment 3) has been signed by Caliber Collision who has started implementing the following changes to achieve code compliance:  Reducing the number of vehicles parked in adjacent streets.1. Only allowing employee vehicles on adjacent properties during business hours and no vehicles after business hours. As of Monday, February 27, 2023, it appeared only employee vehicles were parked on the adjacent property. There remains insufficient space to accommodate both employee vehicles and those awaiting repair. Please note, the community association has since updated their rules and has prohibited "parking on Lots 14 and 15 [part of the subject property for the adjacent CUP request (Mercado del Rio self-storage)]." 2. Applicant's request The applicant's revised site plan (shown at right and in Attachment 2) includes:  Forty-two (42) new parking spaces to accommodate vehicles awaiting service Screenwall (8 feet) surrounding the entire property Enhanced landscaping to fill existing gaps in the landscape buffer yard  Gates to restrict access The amended CUP and associated site plan changes are part of the long-term resolution to achieve code compliance for both vehicles awaiting repair and employee parking. Conditions have been included in Attachment 1 required building permits and construction be completed with specific time frames should the CUP be approved. With the proposed changes and the conditions listed in Attachment 1, the property will be code compliant. Conditional Use Permits (CUP) are reviewed for conformance with specific criteria in the Zoning Code as an extra layer of review is necessary as these types of uses have the potential to have additional impacts on neighboring properties. The criteria are included in italics below, followed by applicant response and staff commentary.   1. That the granting of such conditional use permit will not be materially detrimental to the public health, safety, or welfare. In arriving at this determination, the factors which shall be considered shall include the following: A. Damage or nuisance arising from noise, smoke, odor, dust, vibration or illumination. Applicant:  Noise: The type of facility proposed shall be limited to vehicles' body "prep" work and an employee break room. The proposed vehicle repairs in this facility shall be limited to items such as BONDO, hood replacement, fender repair, hail damage, light interior, molding and windshield replacement. Inherently, these types of repairs are not loud enough to project recognizable sound beyond the proposed property lines. Furthermore, this facility shall operate with all exterior doors closed. The shop contains a full HVAC system that shall provide climate control year-round. With all doors closed, there should be no nuisance to neighboring properties in the way of noise.  Smoke: There shall be no operations on the premises that would generate smoke. All vehicle repairs performed on-site shall be limited to "Body" work. No mechanical work shall be performed (I.e. muffler, drive-shafts, engine seal replacement, etc.) The tools used for the services in this environment do not generate smoke. In the event of a fire, the facility is equipped with fire alarm and wet-pipe fire sprinkler system. In addition, fire extinguishers are placed throughout the facility with placard notification and easy access - in accordance with local fire code.  Dust: Within the facility, light dust from BONDO application/sanding is to be expected. The amount of dust akin to a classroom chalkboard. At the end of each shift, any floor space that has generated BONDO dust is broom and vacuum cleaned. This would be the primary cause for any "interior dust". With the exterior doors shut during working hours, none of this dust would depart the building. Exterior - the only dust that would be on this facility would be that which blew in from adjacent properties. This facility has adequate paving, perimeter landscaping and solid block walls. Nothing that occurs on this site generates dust. Any dust that enters the site would likely attach to perimeter landscaping and not pass through the adjacent properties. Vibration: No service that are performed on this site are known to generate vibration that would be detectable. Nonetheless, if any vehicle or machine were to enter the site that created vibration, it would be removed and taken to a remote facility which could perform the necessary repairs.  Illumination: The existing site lighting poles generate subtle down-lighting. The operator is not requesting additional exterior lighting. All interior lighting shall remain virtually undetected to adjacent properties. Furthermore, the hours of operation: 7:30am-5:30pm should deter any requirement to illuminate the premises during dark-sky timeframes. In the event that lights were inadvertently left on overnight, the employment of perimeter screening walls, mature vegetation and down-lighting would prevent any spillover onto adjacent land.  Staff : The applicant's proposed site changes are not expected to generate any hazards from noise, smoke, dust or vibration. Any exterior light changes will be required to meet the approved Mercado del Rio Lighting Plan and all applicable Zoning Code illumination requirements. The request is consistent with this criterion. B. Hazard to persons and property from possible explosion, contamination, fire or flood. Applicant: As a multi-state/multi-operator of Body shops, Caliber Collision is well versed in the procedures and requirements to divert any operational hazards. Any hazardous material shall be documented, handled and/or stored per local, state and federal requirements. The proposed facility (site and building) will be designed by licensed Architects/Engineers who are thoroughly versed in Body Shop designs. Final interior designs shall be designed by same Architects/Engineers. Interior lighting, HVAC ventilation, and Store Sewer oil/sand interceptors shall be properly placed to facilitate safe conditions within and outside the entire property. These designs shall receive Town of Oro Valley Plans Review/Permit approval to ensure structural, life safety, ADA and Building Code compliance for the proposed operations. Furthermore, the operator implements specific operational and safety guidelines that secure ongoing daily assurance of employee, customer, property, and surrounding area safety. Operations are not expected to create hazards from explosion, fire, flood, or contamination.  Staff : The daily operations within the facility will remain consistent with those being conducted today. There are not expected to be any increased risks of hazard from explosion, contamination, fire or flood. The business will continue to be required to meet all local, state and federal codes. The request is consistent with this criterion. C. Unusual volume or character of traffic. Applicant: The addition of the parking and fencing will contribute to better screening and storage capabilities for cars awaiting repair. Services offered in the facility remain the same and shall, in no way, negatively affect volume or character of traffic. There will be no vehicles stored in adjacent PAAL's or nearby lots.  Staff : Currently, the facility has more vehicles awaiting repairs than the site can accommodate and had a prior zoning violation related to this issue that staff and the applicant have been working to address. The applicant signed a "Code Compliance Agreement" (Attachment 3) to address the parking both short and long-term. This amendment and associated site design changes, are part of the "long-term" solution to address the parking situation. The capacity to handle vehicles awaiting repair will more than double and will now allow storage behind a screened storage area, away from public view. Conditions have been included in Attachment 1 to ensure all future vehicles, employee parking and vehicles awaiting repair, are stored on-site. With the conditions listed in Attachment 1, the request is consistent with this criterion. 2. That the characteristics of the proposed use are reasonably compatible with the types of uses permitted in the surrounding area and sufficient mitigation measures are employed to minimize impact on adjoining properties. Applicant: In accordance with the active CCR's that govern Mercado del Rio, this Lot (Lot 11) falls within the Development Plan's permitted use for Automotive Services. As the facility was previously constructed, no site or building activities area visible to Pusch View Lane, nor to any other premises within the development. All vehicles entering the site will be immediately screened from ancillary view via a 7' high solid masonry wall with additional landscaping.  Staff : The use of the property as an extension of the existing business is not going to change as part the applicants request. The automotive use is adjacent to other automotive uses to the south and retail/office uses (proposed to be a self and RV storage facility as part of another application) to the west. Continuing to use the site as an automotive use is compatible with surrounding properties. Staff supports the applicant's request for the following reasons:  The request has little to no impact on surrounding properties as the site is:  Largely hidden behind rear of businesses to the east like, Target, Planet Fitness and Leslie's Pool supplies. Fully screened from the CDO multi-use path with a combination of heightened screen wall and an enhanced landscape buffer Obscured from view from existing and future development in the Mercado del Rio commercial center and primary roads within the area 1. Meets a small business need as current storage is insufficient2. Furthermore, the use of adjacent properties for overflow parking will be prohibited on March 1, 2023. With the expanded capacity to accommodate vehicles on-site, and the restrictions in Attachment 1 relative to overflow parking, the site will be more compatible with the area and achieve code compliance. The request is consistent with this criterion. 3. That the proposed use is consistent with the goals and policies of the general plan. Applicant: This facility will serve as the single-most compatible site with the types of uses permitted in the surrounding area. This facility will act as an extension of the existing Caliber Collision. As such, it will promote further success of an existing business, re-occupancy of an existing vacant facility, provide expanded job growth and assurance of good custodial care. With the proposed expansion/screening, the property will provide adequate parking spaces for the facility thus, preventing overspill. The masonry wall will provide added security and an attractive barrier to screen the vehicles that are taken in for repair from public view.  Staff : The applicant's proposal is intended to make the use of the site more compatible with neighboring properties. The screened storage yard will reduce existing visual impacts and provide more storage space in the future to alleviate all parking issues. The request is consistent with this criterion. 4. That the hours of operation of the proposed use will not adversely impact neighboring properties. Applicant: The hours of operation will be 7:30am - 5:30pm as it is today. Staff : The hours of operation will remain the same and will not have an increased impact on the existing center or adjacent businesses. The request is consistent with this criterion. PLANNING AND ZONING COMMISSION The Planning and Zoning Commission considered the applicant's request at a public hearing in March. The discussion focused on the need to address existing parking issues within the center and the applicant's efforts to ensure future vehicle storage will be screened from view. The Commission recommends conditional approval of the applicant's request, subject to the conditions listed in Attachment 1. SUMMARY AND RECOMMENDATION The applicant has proposed an amendment to their existing CUP that includes site design changes to provide additional parking capabilities in an area screened from public view. These changes are part of a long-term solution to address the prior zoning violation related to outdoor parking of vehicles.  The Planning and Zoning Commission recommends conditional approval of the applicant's request, subject to the conditions listed in Attachment 1.  FISCAL IMPACT: N/A SUGGESTED MOTION: Town Council may wish to consider one of the following motions: I MOVE to APPROVE the proposed Conditional Use Permit amendment, subject to the conditions in Attachment 1, based on a finding that the request is in conformance with the General Plan and all applicable Zoning Code requirements.  OR I MOVE to DENY the proposed Conditional Use Permit amendment, based on a finding that ________________.  I MOVE to DENY the proposed Conditional Use Permit amendment, based on a finding that ________________.  Attachments ATTACHMENT 1 - CONDITIONS OF APPROVAL_CALIBER CUPv2  ATTACHMETN 2 - APPLICANT CUP AMENDMENT SUBMITTAL  ATTACHMENT 3 - CALIBER COLLISION CODE COMPLIANCE AGREEMENT  Staff Presentation  Attachment 1 Conditions of Approval Caliber Collision Conditional Use Permit (2202942) 1. All vehicles awaiting repair must be stored within the screened-in storage yard as depicted in the associated CUP site plan. 2. Any required building permits shall be obtained no later than 30 days following approval of the CUP. If not completed, reconsideration of the CUP will be required. 3. All construction for the revised site design shall be completed no later than 6 months from building permit approval. If not completed, reconsideration of the CUP will be required. 4. Enhanced landscaping shall be provided as shown on the approved Landscape Plan (2202770), specifically along the north bufferyard to fill existing gaps and provide a continuous tree canopy. 5. All auto body repair and spraying related activities must be limited to inside the designated spraying booths or internal building areas [carry over from prior CUP approval (OV8-07-04)] Bret Flory, NCARB 1913 Garden Grove Court ▪ Plano, Texas 75075 ▪ 972.467.9749 1 TO: Michael Spaeth AICP, Senior Planner Development & Infrastructure Services Town of Oro Valley 11000 N. La Canada Drive, Oro Valley, AZ 85737 757-365-4200 RE: Caliber Collision 625 East Vuelta Caminata del Rio, Oro Valley, AZ 85737 Amendment to Approved CUP DATE: January 8, 2023 ______________________________________________________________________________ This letter serves to accompany the application for the Amendment of the originally approved Conditional Use Permit (CUP). Project Summary: Site consists of platted 1.24-acres of developed land. The existing facility consist of an existing stucco building (with drive-through canopies) and currently operates as an auxiliary facility to the existing Caliber Collision full service automotive body and paint shop that sits immediately to the South of the subject property. We are proposing to expand the existing parking lot to provide additional spaces for vehicles received for repair while maintaining required bufferyards. In addition, a new screen wall will be installed to help screen stored vehicles. Under this scope of work, the landscaping along the North & East of the property and portions of the existing walk/islands will be eliminated to allow for more parking space, new cantilevered ornamental sliding gates will be installed at the South entrance and West driveway, and existing canopy at the North of the building will be demoed. It is the intent of the owner and all consultants to construct a quality project within the standards set by the Town of Oro Valley for Building and Engineering Design. Changes to the Originally approved CUP: 1.) Permission to allow outdoor vehicle storage provided an opaque masonry wall will be installed to a height that will fully screen the stored vehicles from surrounding properties as depicted in the enclosed renderings. 2.) Expansion/reconfiguration of existing parking lot 3.) Modify and enhance existing landscaping Site Improvements shall include: 1.) Installation of Masonry fence to screen the outdoor vehicle storage 2.) Installation of cantilevered ornamental sliding gates 3.) Demo existing Canopy located at the North of the building 4.) Removal of portions of existing walk/island, landscape areas at the south and East to allow for the expansion of the parking lot while maintaining required landscape bufferyards. 5.) Enhance Landscaping per the proposed landscape plan Bret Flory, NCARB 1913 Garden Grove Court ▪ Plano, Texas 75075 ▪ 972.467.9749 2 Section 2.1.D of Conditional Use Permit Application and all other section of the originally approved CUP still applies. Enclosed please find the following: 1.) Narrative addressing the CUP criteria in Section 22.5 2.) Copy of the previously approved CUP as addendum 3.) Updated Site Plan 4.) Updated Landscape Plan 5.) Architectural presentation/renderings of the proposed site improvements and fence Please let me know if you need more information. Respectfully, Bret Flory blory@crossarchitects.com 972.467.9749 Bret Flory, NCARB 1913 Garden Grove Court ▪ Plano, Texas 75075 ▪ 972.467.9749 3 NARRATIVE ADDRESSING THE CUP CRITERIA IN SECTION 22.5 Use Permits, which may be revocable, conditional or valid for a term period, may be granted only when expressly permitted by this Code and only after the Planning and Zoning Commission has made a recommendation and the Town Council has found in writing as follows: 1.That the granting of such conditional use permit will not be materially detrimental to the public health, safety, or welfare. In arriving at this determination, the factors which shall be considered shall include the following: a. Damage or nuisance arising from noise, smoke, odor, dust, vibration or illumination; Justification: • Noise – The type of facility proposed shall be limited to vehicle body “prep” work and an employee break room. The proposed vehicle repairs in this facility shall be limited to items such as BONDO, hood replacement, fender repair, hail damage, light interior, molding and windshield replacement. Inherently, these types of repairs are not loud enough to project recognizable sound beyond the proposed property lines. Furthermore, this facility shall operate with all exterior doors closed. The shop contains a full HVAC System that shall provide climate control year-round. With all doors closed, there should be no nuisance to neighboring properties in the way of noise. • Smoke – There shall be no operations on the premises that would generate smoke. All vehicle repairs performed on-site shall be limited to “Body” work. No mechanical work shall be performed (i.e., muffler, drive-shaft, engine seal replacement, etc.). The tools used for the services in this environment do not generate smoke. In the event of a fire, the facility is equipped with fire alarm and wet-pipe fire sprinkler system. In addition, fire extinguishers are placed throughout the facility with placard notification and easy access (in accordance with local Fire Code). • Dust – Within the facility, light dust from BONDO application/sanding is to be expected. The amount of dust is akin to a classroom chalkboard. At the end of each shift, any floor space that has generated BONDO dust is broom and vacuum cleaned. This would be the primary cause for any ‘interior dust’. With the exterior doors being shut during working hours, none of this dust would depart the building. Exterior – the only dust that would be on this facility would be that which blew in from adjacent properties. This facility has adequate paving, perimeter landscaping and solid block walls. Nothing that occurs on this site generates dust. Any dust that enters the site would likely attach to perimeter landscaping and not pass through to the adjacent properties. • Vibration – No service that are performed on this site are known to generate vibration that would be detectible. Nonetheless, if any vehicle or machine were to enter the site that created a vibration, it would be removed and taken to a remote facility which could perform the necessary repairs. • Illumination – The existing Site Lighting Poles generate subtle down-lighting. The operator is not requesting additional exterior lighting. All interior lighting shall remain virtually undetected to adjacent properties. Furthermore, the hours of operation: 7:30 am – 5:30 p.m. should deter any requirement to illuminate the premises during dark-sky timeframes. In the event that lights were inadvertently left on over- night, the employment of perimeter screening walls, mature vegetation and down-lighting would prevent any spillover onto adjacent land. b. Hazard to persons and property from possible explosion, contamination, fire or flood; Justification: As a multi-state/multi-operator of Body Shops, Caliber Collision is well versed in the procedures and requirements to divert any operational hazards. Any hazardous material shall be documented, handled and/or stored per local, state and federal requirements. The proposed facility (site and building) will be designed by licensed Architects/Engineers who are thoroughly versed in Body Shop Bret Flory, NCARB 1913 Garden Grove Court ▪ Plano, Texas 75075 ▪ 972.467.9749 4 Designs. Final interior designs shall be designed by same Architects/Engineers. Interior Lighting, HVAC Ventilation, and Storm Sewer oil/sand interceptors shall be properly placed to facility safe conditions within and outside the entire property. These designs shall receive Town of Oro Valley a Plans Review/Permit Approval to ensure structural, life safety, ADA and Building Code compliance for the proposed operations. Furthermore, the operator implements specific operational and safety guidelines that secure on-going daily assurance of employee, customer, property and surrounding area safety. Operations are not expected to create hazards from explosion, fire, flood, or contamination. c. Unusual volume or character of traffic. Justification: The addition of the parking and fencing will contribute to a better screening and storage capabilities for cars awaiting repair. Services offered in the facility remains the same and shall, in no way, negatively affect volume and character of traffic. There will be no vehicles stored in adjacent PAAL’s or nearby lots. 2.That the characteristics of the proposed use are reasonably compatible with the types of use permitted in the surrounding area and sufficient mitigation measures are employed to minimize impact on adjoining properties. Justification: In accordance with the active CCR’s that govern Mercado Del Rio, this Lot (Lot 11) falls within the Development Plan’s permitted use for Automotive Services. As the facility was previously constructed, no site or building activities are visible to Pusch View Lane, nor to any other premises within the development. All vehicles entering the site will be immediately screened from ancillary view via 7’ high solid masonry wall with additional landscaping 3.That the proposed use is consistent with the goals and policies of the general plan. Justification: Applicant suggests that this facility will serve as the single-most compatible site with the types of uses permitted in the surrounding area. This facility will act as an extension of the existing Caliber Collision. As such, it will promote further success of an existing business, re-occupancy of an existing vacant facility, provide expanded job growth and assurance of good custodial care. With the proposed expansion/screening, the property will provide adequate parking spaces for the facility thus, preventing overspill. The masonry wall will provide added security and an attractive barrier to screen the vehicles that are taken in for repair from public view. 4.That the hours of operation of the proposed use will not adversely impact neighboring properties. Justification: The Hours of operation is from 7:30am to 5:30pm Monday – Friday as it is today Page 1 of 14 TO: Michael Spaeth AICP, Senior Planner Development and Infrastructure Services Town of Oro Valley 11000 N. La Canada Drive, Oro Valley, AZ 85737 (O) 520.229.4812, mspaeth@orovalleyaz.gov FROM: Mike Stults – mike@crossdevelopment.net RE.: Project Narrative – Conditional Use Permit Caliber Collision 625 East Vuelta Caminata del Rio, Oro Valley, AZ 85737 DATE: October 27, 2014 Please allow this Project Narrative to address the specific 2.0 Plan Content directives in the Oro Valley Zoning Conditional Use Permit application. I. PROJECT NARRATIVE: a. Details about the type of proposed operation (including hours of operation) The existing site/facility consist of an existing stucco building (with drive-through canopies), landscaping, site-lighting and paving improvements. This facility was previously operated as a Full-Service Car Wash facility and now sits vacant. The intent of this project shall be to remove the Car-Wash equipment and perform interior remodel so that the space may be used for Automotive Repairs . Under this scope of work, the shop will utilized as an auxiliary facility to the existing Caliber Collision full service Automotive Body and Paint Shop that sits immediately to the South of the subject property. Whereas, Caliber Collision will conduct vehicle repairs that do not require utilization of Paint-Booth. The Paint-Booth in their existing/adjacent facility will remain as their sole facility for those purposes. For future consideration, Caliber would like to reserve the right to wash vehicles within the interior of the facility under review. So that the City may confirm that code compliance will be met, a Future Car Wash Bay/Bid-Alternate design detail will be provided in the Permit Submittal Drawings. The design will show that use of the existing drive-through Automatic Car-Wash plumbing (i.e., oil-water separator) and floor drains can be easily converted into an interior hand-wash stall. The design will confirm that ADDENDUM Page 2 of 14 water-flow/drainage calculations, proper construction techniques and materials more than satisfy all associated local, state and federal design guidelines. Further comments on property and personal safeguards are included within the Section 2.1.D of Conditional Use Permit Application section of this narrative. This shop will be operated/managed by Caliber Collision. This will be an auxiliary facility to their existing/neighbor building. The hours of operation shall coincide with the existing facility: Monday – Friday 9:00 a.m. – 5:00 p.m. b. Square Footage New Tenant Improvements to the existing 8,345 SF building on a 1.27 Acre (55,151 SF) site located at 625 East Vuelta Caminata del Rio, Oro Valley, CA 85737. A breakout of existing vs. proposed facility square footages include the following: Existing Facility Layout SF Proposed Layout SF Retail Area/Restrooms 2,231 Technician Bays x 18 3876 Wash Tunnel 1,867 New Break room 510 Equipment Area 780 Restroom and Storage 3960 Detail Area 1,832 8345 Offices (2nd Floor) 1,635 Total Bldg SF 8,345 Page 3 of 14 Canopies SF Canopies SF Vacuum Canopy 1,470 Vacuum Canopy 1,470 Finishing Canopy 2,080 Finishing Canopy 2,080 Total Canopy SF 3,550 Total Canopy SF 3,550 c. The Type of Site Improvements Required. This intent of this project is primarily an interior remodel. The amount of Site Improvements required is proposed to be maintenance of the existing facilities. The following notes provide the full Scope of Work intended: This site was constructed and equipped as a full-service commercial automatic car wash facility. It includes interior wash tunnels and exterior vacuum stations (under drive through canopies). The site includes full landscaping, solid masonry perimeter screen wall, screened dumpster pad, drive lanes, parking, site lighting and handicapped accessibility into the building. The building is a 28’8” tall two story stucco building with clay tile roof and has multiple sectional coiling doors for vehicle entry, lounges, equipment storage and h/c accessible lounges. Note: An asbestos survey was received 9/16/14 which confirmed that the building does not possess asbestos containing material. a. The first floor (6,710 SF) work shall consist of:  Remove and disposal of existing car-wash equipment (see photo below).  Demo – Interior office/lounge walls doors, door frames, millwork and floor finishes. Reference photo below shows lobby-space millwork to be removed.  Install plywood wainscot to interior walls.  Repair / Build-back – Floor (incl. fill of wash tunnel trench), interior walls, ceilings, etc.). Photo of Trench to be covered. Page 4 of 14  Weather-Tight Roof (Panels/Insulation) over existing Wash Tunnel. Photo below shows metal deck. This roof area shall receive insulation and cover (i.e., TPO or EPDM).  New lighting layout and re-circuiting of electrical switch gear: minor change in existing interior lighting.  HVAC mods to include one (1) new five (5) ton unit (over current wash tunnel), testing/servicing existing units and new duct layout for new space plan.  Five (5) existing sectional roll-up/coiling doors to remain. Two new (10’W x 10’H) sectional coiling doors to be installed within exterior stucco/storefront wall. This will require demo and re-framing area of existing exterior wall. Reference elevations.   Power-wash all concrete floor surfaces.  New Paint on all interior walls.  Misc. Minor Repairs/Repaint Exterior Walls as needed (total repaint not anticipated).  Blocking and electrical run for new wall sign (as directed by Client).  Re-Configuration (head placement) of existing wet-pipe Fire Sprinkler System. o Pipe Sizing/Spacing will be modified to be in compliance with any layout changes and new Code amendments since original install.  Remove Storefront Window Assembly on South end of East Wall. Replace with two (2) new overhead coiling doors (match other existing OHDs). New shoring/bracing of wall required. b. Canopy modifications shall include: Page 5 of 14  Removal of existing overhead pneumatic vacuum equipment, pedestals, wiring, etc. Cap and patch wall, ceiling, floor/drive area after removal.  Replace existing ‘weathered’ canvas roof-screens at both canopies. c. Site improvements shall include:  Re-configuration/relocation of handicapped parking stalls to accommodate access to the new overhead doors (South end of the East Bldg Wall).  General clean-up of landscape beds and replacement of all dead material.  Touch-up repairs in perimeter stucco wall (as needed). d. Exclusions:  Paint booths, equipment, or furniture.  Site Signage.  Pavement Repairs (other than repairs/restriping required to relocate H/C Stalls).  Exterior/Site Lighting.  Restroom Modifications (other than re-paint walls).  2nd Story modifications (leave as-is).  Window treatment.  Low-Voltage.  New Fencing/Walls/Gates II. Section 2.1.D of Conditional Use Permit Application. The granting of such CUP will not be materially detrimental to the public health, safety, or welfare. In arriving at this determination, the factors which shall be considered shall include the following: i. Damage or nuisance arising from noise, smoke, odor, dust, vibration or illumination.  Noise – The type of facility proposed shall be limited to vehicle body “prep” work and an employee break room. The proposed vehicle repairs in this facility shal l be limited items such as BONDO, hood replacement, fender repair, hail damage, light interior, molding and windshield replacement. Inherently, these types of repairs are not loud enough to project recognizable sound beyond the proposed property lines. Furthermore, this facility shall operate with all exterior doors closed. The shop contains a full HVAC System that shall provide climate control year-round. With all doors closed, there should be no nuisance to neighboring properties in the way of noise. Page 6 of 14  Smoke – There shall be no operations on the premises that would generate smoke. All vehicle repairs performed on-site shall be limited to “Body” work. No mechanical work shall be performed (i.e., muffler, drive-shaft, engine seal replacement, etc.). The tools used for the services in this environment do not generate smoke. In the event of a fire, the facility has a fully equipment fire alarm and wet-pipe fire- sprinkler system. In addition, fire extinguishers are placed throughout the facility with placard notification and easy access (in accordance with local Fire Code).  Dust – o Within the facility, light dust from BONDO application/sanding is to be expected. The amount of dust is akin to a classroom chalkboard. At the end of each shift, any floor space that has generated BONDO dust is broom and vacuum cleaned. This would be the primary cause for any ‘interior dust’. With the exterior doors being shut during working hours, none of this dust would depart the building. o Exterior – the only dust that would be on this facility wou ld be that which blew in from adjacent properties. This facility has adequate paving, perimeter landscaping and solid block walls. Nothing that occurs on this site generates dust. Any dust that enters the site would likely attach to perimeter landscaping and not pass through to the adjacent properties.  Vibration – No service that are performed on this site are known to generate vibration that would be detectible. Nonetheless, if any vehicle or machine were to enter the site that created a vibration, it would be removed and taken to a remote facility which could perform the necessary repairs.  Illumination – The existing Site Lighting Poles generate subtle down-lighting. There is no requirement for the Operator to request additional exterior lighting. All interior lighting shall remain virtually undetected to adjacent properties. Furthermore, the hours of operation: 9:00 am – 5:00 p.m. should deter any requirement to illuminate the premises during dark-sky timeframes. In the event that lights were inadvertently left on over-night, the employment of perimeter screening walls, mature vegetation and down-lighting would prevent any spillover onto adjacent land. ii. Hazard to persons and property from possible explosion, contamination, fire or flood.  General – This facility will operate with a low-volume containers of automotive cleaning agents, shop towels, tools, electronic devices and an air compressor. All material shall be stowed away in accordance with business licensing/regulations, manufacturer’s recommendations, OSHA, Building/Electrical/Fire/Life-Safety Codes.  Explosion/Fire – In the event of an explosion or fire, this facility’s Automatic Fire Alarm/Fire-Sprinkler system shall be deployed. The Wet-Pipe sprinkler system will be active and the local Fire Department will be notified via a monitored Fire Alarm system. Page 7 of 14  Contamination – No services are performed outside of the facility. Therefore, no contamination should be anticipated outside the facility that would not occur in any other parking spot (i.e., at an Elementary School or City Hall). Nonetheless, if any unforeseen spill were to occur, it would be properly contained and cleaned all within a paved surface. No vehicles or other activities would occur elsewhere. o Any run-off from interior vehicle washing shall process through three (3) – 2,000 gallon oil-water separators before entering public sanitary sewer lines. This system remains in-place from previous car wash drive-through service. The amount of water/collection by the oil-separators that would be used in the proposed use would be far less than 50% of that used by a full-service car wash facility. o No vehicle washing (or other services) shall be performed outside of the building. o Except for the designated wash-bay stall, no vehicle washing shall be performed within any other location within the building. o All ventilation, plumbing, lighting and equipment shall be maintained and operational during any vehicle repairs. o All repairs shall be performed by personnel who have received proper training equipment and facility training. iii. That the characteristics of the use proposed in such use permit are reasonably compatible with the types of use permitted in the surrounding area.  In accordance with the active CCR’s that rule Mercado De l Rio, this Lot (Lot 11) falls within the Development Plan’s permitted use for Automotive Services. As the facility was previously constructed, no site or building activities are visible to Pusch View Lane, nor to any other premises within the development. All vehicles entering the site are immediately screened from ancillary view via 6’ high solid masonry wall. NOTE: For specific screening of all customer/employee traffic, parking and vehicles storage, please reference exhibit enclosed (next page). The photographs show actual line-of-site from nearby lot perspectives. The ONLY development’s view of this facility’s parking field will be from Lot 12 (located just to the South). As prescribed in the Mercado Del Rio Covenants and Restrictions (excerpt below), Lot 12 is another designated/approved Automotive Service Use Lot. Lot 12 is also managed by the same entity that plans to run this proposed project. Upon completion of remodel, Lot 12 (Caliber Collision) will run both facilities simultaneously. Page 8 of 14 Page 9 of 14  This shop will be operated/maintained by the same Caliber Collision shop that is currently in operation next door.  Notwithstanding the above, the following “Mercado Del Rio CCR’s” regulations shall be upheld: Page 10 of 14 Page 11 of 14 General Notes about the Operator: As a multi-state/multi-operator of Body Shops, Caliber Collision is well versed in the procedures and requirements to divert any operational hazards. Prior to opening for business, Caliber Collision will secure a Business License to operate said facility. Any hazardous material shall be documented, handled and/or stored per local, state and federal requirements. Furthermore, the existing facility contains a code-compliant fully monitored fire alarm system, a complete automatic sprinkler system, and exterior fire department connection. The existing facility (site and building) has been inspected by licensed Architects/Engineers who are thoroughly versed in Body Shop Designs. Final interior improvement designs shall be designed by same Architects/Engineers. Interior Lighting, HVAC Ventilation, and Storm Sewer oil/sand interceptors shall be properly placed to facility safe conditions within and outside the entire property. These designs shall receive City of Oro Valley Plans Review/Permit Approval to ensure structural, life safety, ADA and Building Code compliance for the proposed operations. Furthermore, the operator implements specific operational and safety guidelines that secure on-going daily assurance of employee, customer, property and surrounding area safety. These include: 1. Drug Testing – Applicants are required to pass drug screening. Once employed, Caliber reserves the right to perform both random and/or employee-specific testing. Any failure results in immediate loss of employment. 2. Authorized Employment – Applicants are required to provide proof of citizenship and/or verification that they are authorized to be lawfully employment in the US. 3. Background Checks – Applicants are required to pass a background check. This includes but is not limited to any incidents involving sexual crime, child endangerment, and other acts of violent nature. Page 12 of 14 4. Facility Management – Each facility is managed with adequate and competent staff to oversee and monitor the repair services and customer interface. 5. Safety Training – Given the nature of using automated machinery and restoration supplies, each employee is required to complete and continue ongoing safety training. All equipment used is state of the art and properly maintained. This instruction safeguards the employees, the environment, the clients, their vehicles and all neighboring facilities. a. All training guidelines ensure prevention of the following: i. Loud noise, fumes, odors, dust, vibration, illumination ii. Fire, explosions, flooding, iii. Contamination of persons, property or nearby equipment 6. Environmental Protection Agency and other Governmental Regulations – All products used, services rendered, and disposals of waste are highly regulated to prevent unwanted affects. All products and equipment are designed to ensure compliance. Laws and limitations are monitored and enforced so that any employee, clientele and passerby may be assured of a safe environment E. Compatibility of the Proposed Facility with Surrounding: Applicant suggests that this facility will serve as the single-most compatible site with the types of uses permitted in the surrounding area. This facility will act as an extension of the existing Caliber Collision. As such, it will promote further success of an existing business, re-occupancy of an existing vacant facility, provide expanded job growth and assurance of good custodial care. Finally, please note the contributions that Caliber Collision brings surrounding communities for all of their locations. Among their traditions of charity and community enrichment programs (http://calibercollision.com/about-us/community-involvement/), Caliber Collision actively supports: • American Heart Association Heart Walk, American Heart Association Cotes Du Coeur, and Children’s Advocacy Center of Collin County • Military personnel through Carry The Load, Wounded Warriors and 3M’s Hire Our Heroes program • Supplied local food banks with more than 275,000 meals for needy families in 2013 • Gifted 13 fully-refurbished vehicles to needy families through the Caliber Collision Recycled Rides program in 2012. Plan on gifting 25 in 2013 To further endorse their commitment to excellence, USAA has identified Caliber Collision as having “an exceptionally high standard when it comes to service delivery (ref. attached 7/15/14 News Release).” Page 13 of 14 MISCELLANOUS REFERENCE PHOTOS From SE of Site Looking West at South Canopy Drive/Parking East side of Bldg North end of East Wall Looking West at North end of Bldg Looking West at North Canopy Page 14 of 14 Looking West – North end of Property Under N Canopy (remove vacuum/replace canvas screens) Facing South – NW end of Bldg Facing South – West side of Bldg From Adjacent Property to West From SW of Site Respectfully Submitted, Mike Stults Cross Development, LLC Mike@CrossDevelopment.net Office: 214614-8252 Mob: 515-491-6942 EXIT8 6 2 3 4 6 30 2 2 4 5 4 SITE PLAN SCALE: 1" = 20'-0" PROJECT LEGEND W N E S SHEET TITLE:SUBMITTAL RECORD:COPYRIGHT:PROJECT/CLIENT:DESIGNER:STAMP:SHEET:Cross Architects1255 West 15th Street, Suite 125, Plano, TX 75075635 E Vuleta Caminata del Rio, Oro Valley, Arizona 85737CHECKED/STAMPED: DESIGNED: DRAWN:J.W.R. J.W.R. DATE:SUBMITTAL#: 22127All drawings herein are the property of Tectonics Design Group and may not be reproduced or used in any capacity without the written authorization of Tectonics Design Group. MATTHEW K. RASMUSSEN, P.E.730 Sandhill Rd., #250, Reno, Nevada 89521www.tectonicsdesigngroup.comfax 775-824-9986tel 775-824-9988Caliber Collision10/17/22 PRELIMINARY 01/09/23 EXP. 12/31/2025 10/18/22 SITE PLAN 2202770 OV12-03-22A CASE NUMBER: REFERENCE CASE: 01/09/23 SITE PLAN C2.1 SITE PLAN PRELIMINARY DEVELOPMENT PLAN: SHEET 3 OF 6 EXITPRELIMINARY LANDSCAPE PLAN SCALE: 1" = 20'-0" W N E S SHEET TITLE:SUBMITTAL RECORD:COPYRIGHT:PROJECT/CLIENT:DESIGNER:STAMP:SHEET:Cross Architects1255 West 15th Street, Suite 125, Plano, TX 75075635 E Vuleta Caminata del Rio, Oro Valley, Arizona 85737CHECKED/STAMPED: DESIGNED: DRAWN:KH BH DATE:SUBMITTAL#: 22127All drawings herein are the property of Tectonics Design Group and may not be reproduced or used in any capacity without the written authorization of Tectonics Design Group. BARBARA HATCH RLA ASLA 730 Sandhill Rd., #250, Reno, Nevada 89521www.tectonicsdesigngroup.comfax 775-824-9986tel 775-824-9988Caliber Collision10/17/22 PRELIMINARY 10/18/22 SITE PLAN 2202770 OV12-03-22A CASE NUMBER: REFERENCE CASE: 12-26-22 REV. COMMENTS 23 12-2 6- 2 2 L1.1 LANDSCAPE PLAN NATIVE LANDSCAPE TO REMAIN VEHICLE STORAGE EXISTING DIRT PARKING AREA VEHICLE STORAGE VEHICLE STORAGE VEHICLE STORAGE NEW GATE NEW BLOCK WALL, TYP. TOTAL SITE AREA: 1.24 AC. (54,014 S.F.) PARKING LOT LANDSCAPE REQUIRED: 1 ISLAND / 9 STALLS = PROVIDED NO SIGNIFICANT VEGETATION AREAS TO BE REMOVED TOTAL EXISTING LANDSCAPE AREA TO BE REMOVED = 1,569 S.F. TOTAL EXISTING LANDSCAPE AREA TO REMAIN = 7,208 S.F. EXISTING NATIVE LANDSCAPE = 2,820 S.F. EXISTING LANDSCAPE TO BE REVITALIZED = 1,895 S.F. EXISTING IMPROVED LANDSCAPE = 2,493 S.F. NEW LANDSCAPE AREA PROVIDED = 541 S.F. TOTAL SITE LANDSCAPE AREA: 7,749 S.F. (14% OF SITE) EXISTING TREES TO REMAIN: 20 EXISTING TREES TO BE REMOVED: 15 NEW TREES TO BE PLANTED: 16 LANDSCAPE CALCULATIONS: GIANT YUCCA BOTANICAL NAME COMMON NAME SIZE HESPERALOE FUNIFERA GRASSES SHRUBS 5 GAL. H X W 1-2 WATER USE 6' X 5' DEER GRASSMUHLENBERGIA RIGENS 1 GAL.1 3' X 5' AGAVE PALMERI OCTOPUS AGAVE 5 GAL.1-2 3' X 5' BAILEYA MULTIRDIATA DESERT MARIGOLD 1 GAL.1-2 1' X 2' PERENNIALS PRELIMINARY PLANT LIST REMARKS TEXAS RANGERLEUCOPHYLLUM 'GREEN CLOUD'5 GAL.2 5' X 5' PALE LEAF YUCCAYUCCA PALLADA 5 GAL.1 3' X 3' TEXAS EBONYEBENOPSIS EBANO 24" BOX L 30' X 30'(2" CAL. MIN) PALO VERDEPARKINSONIA FLORIDA 24" BOX L 25' x 25'(1.25" CAL. MIN) STD. TRUNK 6 10 3 6 6 9 6 12 LEGEND EXISTING LANDSCAPE TO REMAIN EXISTING LANDSCAPE TO BE REMOVED ROCK MULCH - 3" MIN DEPTH 4" MINUS TAN TO GOLD FRACTURED ROCK DECOMPOSED GRANITE 3" MIN. DEPTH EXIST. SCEEN WALL TYP. PRELIMINARY EXISTING TREE TO BE REMOVED EXISTING TREE TO REMAIN AUTOMATIC CONTROLLER W/ REPEAT CYCLING (EXISTING) IRRIGATION ZONES PER PLANT WATER REQUIREMENTS (TO BE PROVIDED IN FINAL PLANS) SOIL AMENDMENTS TO BE INCORPORATED IN NEW PLANTING PLANTER SURFACE AREAS TO BE MULCHED WATER EFFICIENT LANDSCAPE EXIST. IRRIG. METER AND BACKFLOW EXIST. ACCESS NO OUTLET NEW BLOCK WALL, TYP. NEW BLOCK WALL, TYP. 15 20 Public Hearing: Conditional Use Permit amendment for vehicle repair facility in the Mercado del Rio commercial center Town Council April 19, 2023 1 Purpose Public Hearing: Proposed CUP amendment for vehicle repair facility use Replacing existing condition Revise site design Planning and Zoning Commission recommendation Discussion and possible action 2 Location Map 3 Applicant’s request Vehicle storage spaces Existing: 36 Proposed: 78 Screen wall Existing: 3.5 feet Proposed: 8 feet Landscaping Enhanced landscaping to fill existing gaps Continuous tree canopy Building to remain Security gates 4 Background and History Regional Commercial (C-2) Vehicle repair facility use requires CUP Master Development Plan Approved in 2004 Pads constructed in 2007 Conditional Use Permit Approved in 2014 Converted car wash to vehicles repair facility Prohibited “outdoor storage” Prior zoning violation Code Compliance Agreement 5 6 Conditional Use Permit Conditional Use Permit (CUP) CUP Review Criteria Public Health, Safety, and Welfare Reasonably compatible with surrounding uses Consistent with the General Plan Hours of Operation Key design focus Screening CDO multi-use path Future development (west) 7 Conditional Use Permit Criterion 2 – Reasonably compatible with surrounding uses Existing site within Mercado del Rio commercial center Rear of Target and in-line shops (Rooney Ranch) Existing building will remain Storage area fully screened CDO Multi-use path Future development (west) Criterion 3 – Consistent with the Goals/Policies of the GP Planning and Zoning Commission 8 Public Hearing held on March 7, 2023 Fix existing parking issues Screening from adjacent areas Planning and Zoning Commission recommendation Conditional Use Permit Summary and Recommendation Public Hearing: proposed CUP amendment for vehicle repair use Removal of existing condition Revise site design Commission recommends conditional approval 9    Town Council Regular Session 3. Meeting Date:04/19/2023   Requested by: Bayer Vella, Community and Economic Development  Submitted By:Michael Spaeth, Community and Economic Development Case Number:2202518 SUBJECT: PUBLIC HEARING: DISCUSSION AND POSSIBLE ACTION REGARDING THREE ITEMS RELATED TO A PROPOSED SELF AND RV STORAGE IN THE MERCADO DEL RIO COMMERCIAL CENTER, LOCATED NORTH OF PUSCH VIEW LANE, APPROXIMATELY 1/4-MILE WEST OF ORACLE ROAD. THE ITEMS INCLUDE:    ITEM A: CONDITIONAL USE PERMIT FOR SELF-STORAGE ITEM B: DEVELOPMENT AND LANDSCAPE PLAN FOR SELF AND RV STORAGE ITEM C: ARCHITECTURE RECOMMENDATION: Planning and Zoning Commission recommends conditional approval of Items A and B, subject to the conditions in Attachment 1, and approval of Item C. Please note, Item A must be approved prior to consideration of Items B and C.   EXECUTIVE SUMMARY: The purpose of this item is to consider three related applications for a proposed self and RV storage use in the Mercado del Rio commercial center, located north of Pusch View Lane, approximately 1/4-mile west of Oracle Road (see image at right). The three items include:    Item A: Conditional Use Permit for Self-storage (Attachment 2) Item B: Development and Landscape Plan for Self and RV storage uses (Attachments 3 and 4) Item C: Architecture (Attachment 5) The commercially zoned property (C-2) is approximately 5.8 acres in size and is immediately west of Caliber Collision and Brake Masters in the eastern portion of the site. The center has an approved Master Development Plan (Attachment 6) and includes a mix of uses including a spa, medical office and the aforementioned automotive uses. Overall, the site is approximately 60% vacant. The applicant's proposed design features:  An approximately 101,200 sq. ft. building that is two stories with a maximum building height of 30 feet and includes the following:  887 storage units Approximately 900 sf office space 51 RV spaces  51 RV spaces  Fully screened from all adjacent properties and roadways Screen wall (varies between 11 and 13 feet) to match self-storage building architecture Architectural design consistent with the existing buildings within the center Existing access points will be maintained Pedestrian connections throughout Item A - Conditional Use Permit for Self storage (Attachment 2) In the C-2 (Regional Commercial) zoning district, self-storage is allowed with a Conditional Use Permit (CUP), while vehicle storage is a permitted use. All CUP's require Planning and Zoning Commission and Town Council consideration. The Zoning Code establishes specific criteria for Conditional Uses as they typically generate more impacts on neighbors and surrounding properties. The extra level of review is necessary to ensure the use is appropriate for the site and all potential impacts are mitigated. The key findings of the applicant's request include:  The site is located behind the Target and in-line shops within the Rooney Ranch shopping center which makes the subject property a suitable low impact location for the proposed use. 1. The use serves as an appropriate transition between the more intense automotive uses to the east (e.g. Caliber Collision and Brake Masters) and the less intensive office and spa uses to the west. 2. The applicant's proposed architecture is consistent with the approved guidelines of the center and all applicable requirements of the zoning code. In addition, the screen wall surrounding the RV lot has been designed with the same elements (e.g. varied heights and wall planes, texture, material and colors) as the building architecture to ensure it is consistent with other buildings within the center. 3. Several conditions have been included in Attachment 1 to ensure full screening is provided of all outdoor activities and to enhance compatibility with the surrounding area. With these conditions, the applicant's CUP proposal is consistent with these criteria as well as the goals and policies of the Your Voice, Our Future General Plan. Item B - Development and Landscape Plan for Self and RV storage (Attachment 3) The applicant's Self and RV storage use is proposed for Lots 9, 10 and 14-16 within the commercial center. The proposal is to develop within the existing lot boundaries established as part of the Master Development Plan and maintain the existing vehicular and pedestrian circulation network. This item is in conformance with all applicable Zoning Code requirements. Item C - Architecture (Attachment 4) The applicant's proposed architecture is consistent with the approved Mercado del Rio Master Architecture Guidelines as well as all applicable Design Principles and Standards of the Zoning Code. The Planning and Zoning Commission considered the applicant's requests during a public hearing in March. A key focus of the discussion focused on compatibility within the existing center. The Commission recommends conditional approval of Items A and B, subject to the conditions in Attachment 1, and approval of Item C. Please note, Item A must be approved prior to consideration of Items B and C. BACKGROUND OR DETAILED INFORMATION: EXISTING CONDITIONS AND CONTEXT  General Plan Land Use Designation: Community/Regional Commercial (Tier 1 Growth Area) Zoning Designation: Commercial (C-2) Existing Site Conditions:  5.38 acres Located within the Mercado del Rio commercial center (Lots 9, 10 and 14-16) Property is currently vacant and has been previously disturbed Portions of the site have been used as overflow parking for adjacent businesses. Site History and Related Approvals:  1995: Rezoned from R1-144 to C-2 2002: Town Council approved Development Agreement 2004: Master Development Plan approved 2004: Final Plat approved for subdivision 2005: Master Architectural Design Standards adopted DISCUSSION AND ANALYSIS The applicant's request is for three related items for a proposed Self and RV storage use within the Mercado del Rio commercial center. The three items include:    Item A: Conditional Use Permit for the Self storage use (Attachment 2) Item B: Development and Landscape Plan for Self and RV storage uses (Attachments 3 and 4 respectively) Item C: Architecture (Attachment 5) Each of the three items are discussed in detail below. Item A - Conditional Use Permit for Self storage This item is for a Conditional Use Permit (CUP) to allow the self storage use only as vehicle storage is a permitted use. Self-storage is allowed in the commercial (C-2) zoning district only with a Conditional Use Permit. These types of applications are reviewed for conformance with the CUP criteria in Section 22.5 of the Zoning Code. CONDITIONAL USE PERMIT CRITERIA The criteria are shown below in italics, followed by the applicant's response and staff commentary. That the granting of such conditional use permit will not be materially detrimental to the public health, safety, or welfare. In arriving at this determination, the factors which shall be considered shall include the following: 1) Damage or nuisance arising from noise, smoke, odor, dust, vibration or illumination;  Applicant: "Modern self-storage facilities are generally quiet and free of smoke, odors, dust and vibration. Outdoor lighting will be shielded and compliant with the Town's outdoor lighting code in order to minimize impacts to any surrounding property owners and public rights-of-way."   Staff: The applicant's proposal is not expected to generate any noise, smoke, odor, dust or vibration. All outdoor lighting will be required to be in conformance with the Mercado del Rio Master Lighting Plan and all applicable Zoning Code lighting requirements. The applicant's proposal meets this criterion. 2) Hazard to persons and property from possible explosion, contamination, fire or flood;  Applicant: "Flammable substances are not permitted to be stored within the self-storage facility. Even so, it will be equipped with a fire sprinkler system meeting the requirements of the fire department. Additionally, being within Mercado del Rio this development has zero potential to cause flooding of other properties." Staff : The proposed user of the facility does not allow storage of hazardous materials on-site. To ensure this continues regardless of user, a condition has been included in Attachment 1 prohibiting the storage of hazardous materials within the facility. A manager will be available during normal business hours to screen storage items for possible hazards. Outside of normal business hours, the building will be under 24-hour surveillance (interior and exterior) for increased safety. The applicant's proposal meets this criterion. 3) Unusual volume or character of traffic;  Applicant: "Self-storage facilities generate very low volumes of traffic. Furthermore, by internalizing the storage unit access, the amount of vehicular access area on site is significantly reduced from more traditional self-storage facilities. Lastly, of all the land uses permitted in the C-2 Commercial zone, this proposed use will generate nearly the least amount of traffic. For example, the retail space depicted on the existing Mercado del Rio development plan within this same project boundary would generate approximately 3,076 daily trips, whereas the proposed self-storage building and RV storage will generate well under 200 daily trips." Staff: The applicant's proposed facility encompasses five lots within the commercial center, previously intended for retail, restaurant, and/or office uses. The proposed facility is expected to generate less daily traffic than what was anticipated and will have a lesser impact on area traffic. Additionally, the site has been designed to utilize the existing circulation network within the center and will be accessed via existing internal drives. The RV storage will be on a separate lot with sufficient space to more than accommodate the expected vehicles. Finally, the loading area is located at the rear of the building, well removed from traffic within the center. The applicant's proposal meets this criterion. 4) That the characteristics of the proposed use are reasonably compatible with the types of use permitted in the surrounding area and sufficient mitigation measures are employed to minimize impact on adjoining properties; Applicant: "The proposed RV storage area is already permitted by the existing zoning. Other uses that are already permitted in the C-2 zone include:    This proposed facility will have little impact on surrounding parcels, and certainly less impact than many other permitted uses on this property. The self-storage industry has evolved in recent years to move away from the traditional design involving external vehicular access to storage units that were arranged in low, linear buildings. Modern self-storage facilities such as the one proposed on this site are more secure and appear outwardly to be more like a new office building than a traditional self-storage facility." Staff: As a commercially zoned property, there is an expectation for this project to be surrounded by other commercial uses. The key elements of the applicant's proposal include:  The site is located behind the Target and in-line shops within the Rooney Ranch shopping center which makes the subject property a suitable location for the proposed use. The design also includes a screen wall and landscaping with continuous tree canopy adjacent to the multi-use path to provide additional visual relief.  1. The use serves as an appropriate transition between the more intense automotive uses to the east (e.g. Caliber Collision and Brake Masters) and the less intensive office and spa uses to the west. 2. The site has been designed within the existing circulation network of the center and will provide pedestrian connections throughout. 3. The applicant's proposed architecture is consistent with the approved guidelines of the center and all applicable requirements of the zoning code. In addition, the screen wall surrounding the RV lot has been designed with the same elements (e.g. varied heights and wall planes, texture, material and colors) as the building architecture to ensure it is consistent with other buildings within the center. 4. Several standard self-storage conditions have been included in Attachment 1 to further ensure compatibility with surrounding uses. Lastly, the site has been previously used as overflow parking by adjacent businesses. Staff has been working with the applicant and representatives from the Mercado del Rio Community Association who have been very helpful in assisting the town to address the issue and find a resolution. The existing parking situation is being - Bars - Office - Light Manufacturing - Restaurants - General retail uses - Research & development facilities - Grocery stores - Car rental companies - Daycare - Parking garages - Hotels/motels - Private clubs - Schools - Marijuana establishments helpful in assisting the town to address the issue and find a resolution. The existing parking situation is being addressed as part of this CUP and an amendment to the CUP for adjacent Caliber Collision business. The proposal meets this criterion. 5) That the proposed use is consistent with the goals and policies of the general plan; Please see Attachment 2 for the applicant's response to all the Your Voice, Our Future General Plan goals and policies related to this proposal. Notable goals and policies are provided below in italics, followed by staff commentary.  Policy LU.5 Provide diverse land uses that meet the Town's overall needs and effectively transition in scale and density adjacent to neighborhoods.  The subject property is located behind the Target and in-line shops within the Rooney Ranch shopping center and more than 800 feet from the nearest residential across the CDO wash. The use serves as an appropriate transition between the more intense automotive uses to the east (e.g. Caliber Collision and Brake Masters) and the less intensive office and spa uses to the west. The applicant will also be enhancing existing landscape bufferyards throughout the property to provide additional visual relief. Policy LU.7 Coordinate planning for land use and transportation in order to promote growth areas and transit and commercial corridors.  The facility is proposed within a Master Planned commercial center and will maintain the existing pedestrian and vehicle circulation network.  The applicant's proposal meets this criterion. 6) That the hours of operation of the proposed use will not adversely impact neighboring properties; Applicant: "The hours of operation will not adversely impact neighboring properties. The operational hours are expected to be 8 AM to 6 PM with secure customer access to their storage units available from 6 AM until 11 PM." Staff: The proposed hours of operation for the facility are consistent with other uses within the Mercado del Rio commercial center and are not expected to have additional impacts on surrounding properties. The applicant's proposal meets this criterion.  Item B: Development and Landscape Plan for Self and RV storage uses (Attachment 3 and 4 respectively) This item is the proposed Development and Landscape Plans for the proposed facility. The site encompasses lots 9, 10 and 14-16 within the Mercado del Rio commercial center. The proposed design includes:  Approximately 101,200 square feet  887 units Approximately 900 square feet of office space Max building height of 30 feet and 2 stories Utilizes existing vehicular circulation within the center Pedestrian connections throughout Landscape bufferyards  Enhancing existing vegetation along Pusch View Lane Enhanced continuous tree canopy between The Loop multi-use path and screen wall to ensure outdoor activities are fully blocked from view Screen walls  At rear of property adjacent to The Loop multi-use path (14 feet) Adjacent to loading zone and refuse area Surrounding RV storage with varied heights (11 to 13 feet) and wall planes to be consistent with building architecture.  This item is consistent with the Master Development Plan and all applicable Design Principles and Standards of the Zoning Code. A condition has been included in Attachment 1 to update the Master Development Plan to reflect the final design should the applicant's requests be approved.  Item C - Architecture This item is the applicant's proposed architecture for the proposed facility and is reviewed for conformance to the approved Mercado del Rio Master Architectural Guidelines and any applicable Design Principles and Standards of the Zoning Code. Key elements include: The design (see graphic at right) is akin to an office building with pedestrian scale elements provided along all four sides to create well-defined entrances and further break up wall planes. 1. It utilizes textures and colors found within the Mercado del Rio commercial center and the adjacent development. 2. Varied roof and wall planes are incorporated as well as a parapet roof to screen rooftop mechanical equipment. 3. Screening is provided per code throughout the site, including an enhanced bufferyard and continuous tree canopy along the north boundary adjacent to The Loop multi-use path. Screen walls are provided to block from public view the loading, refuse, and RV storage areas, the latter of which incorporates similar design elements, textures and colors to mimic the design aesthetic of the main building. Lastly, all mechanical equipment will be fully screened. 4. This item is consistent with the Mercado del Rio Master Architectural Design Guidelines and all applicable Design Principles and Standards of the Zoning Code. PUBLIC PARTICIPATION An informational video for this project was posted on January 25, 2022, and two neighborhood meetings were held regarding the applicant's proposal. Compatibility, traffic and safety were main topics of discussion. The applicant has revised the design to address these concerns throughout the review process. Summaries are provided in Attachment 7. The following public notice has been provided:  Notification to all property owners within 600 feet Notification to all interested parties who signed in at the neighborhood meeting Notification to affected HOAs Posts on property Post at Town Hall Post on OVprojects.com Advertisement in The Daily Territorial PLANNING AND ZONING COMMISSION The Planning and Zoning Commission considered the applicant's requests during a public hearing in March. Much of the discussion focused on compatibility within the existing center and impacts to adjacent uses. The site is a low impact location at situate at the rear of a regional shopping center and the applicant's proposal will serve as a land use transition between the more intense automotive uses to the east and less intense office and spa uses to the west. The Commission recommends conditional approval of Items A and B, subject to the conditions in Attachment 1, and approval of Item C. SUMMARY AND RECOMMENDATION The applicant's proposal is to develop a Self and RV storage facility within the Mercado del Rio commercial center. Key factors include:  The site is located behind the Target and in-line shops within the Rooney Ranch shopping center which makes the subject property an ideal location for the proposed use. 1. The use serves as an appropriate transition between the more intense automotive uses to the east (e.g. Caliber Collision and Brake Masters) and the less intensive office and spa uses to the west. 2. The applicant's proposed architecture is consistent with the approved guidelines of the center and all applicable requirements of the zoning code. In addition, the screen wall surrounding the RV lot has been designed with the same elements (e.g. varied heights and wall planes, texture, material and colors) as the building architecture to ensure it is consistent with other buildings within the center. 3. The facility is proposed on established lots within the center and maintain the existing circulation network.4. All outdoor activities, loading zone, refuse area, RV storage will be completely screened from view.5. The Conditional Use Permit includes provisions to further restrict activity on the site (i.e. outside storage or rental vehicles) that would be considered a nuisance to the nearby residents and community. 6. The Planning and Zoning Commission has recommended conditional approval of Items A and B and approval of Item C. 7. Please note, Item A must be approved prior to consideration of Items B and C FISCAL IMPACT: N/A SUGGESTED MOTION: Town Council may wish to consider one of the following motions: ITEM A - Conditional Use Permit for Self storage I MOVE to APPROVE the Conditional Use Permit for the proposed Self-storage use, subject to the conditions for Item A in Attachment 1, based on a finding that the request complies with all applicable General Plan and Zoning Code requirements. OR I MOVE to DENY the Conditional Use Permit for the proposed self-storage use, based on finding that ________________. ITEM B - Development and Landscape Plan for Self and RV storage I MOVE to APPROVE the proposed Development and Landscape Plan for the proposed Self and RV storage use, subject to the condition for Item B in Attachment 1, based on a finding the request complies with the Mercado del Rio Master Development Plan and all applicable Zoning Code requirements. OR I MOVE to DENY the proposed Development and Landscape Plan for the proposed Self and RV storage use, based on finding that ________________. ITEM C - Architecture I MOVE to APPROVE the proposed architecture, based on a finding the request complies with the Mercado del Rio Master Architecture Guidelines and all applicable Zoning Code requirements. OR I MOVE to DENY the proposed architecture, based on finding that ________________. Attachments Attachment 1 - Conditions of Approval (Mercado del Rio self-storage)  ATTACHMENT 2 - APPLICANT CUP NARRATIVE  ATTACHMENT 3 - APPLICANT'S DEVELOPMENT PLAN  ATTACHMENT 4 - APPLICANT'S LANDSCAPE PLAN  ATTACHMENT 5 - APPLICANT'S PROPOSED ARCHITECTURE  ATTACHMENT 6 - MERCADO DEL RIO MDP  ATTACHMENT 7 - NEIGHBORHOOD MEETING SUMMARIES  Staff Presentation  Attachment 1 Conditions of Approval Mercado del Rio Self-Storage Conditional Use Permit (2202518) Development/Landscape Plan (2202607) and Architecture (2202737) Item A – Conditional Use Permit for self-storage use 1. No signage will be installed on the north building façade (facing CDO wash). 2. Screen wall adjacent to The Loop multi-use path shall be as depicted on the approved Landscape Plan (2202607) and shall be a minimum of 14 feet in height with landscaping on the north side to form a continuous tree canopy to fully screen the loading zone area. 3. The following apply to the self-storage use: a. Storage must be contained within a completely enclosed building with individual self‐storage units only accessible from the loading area. b. No business shall be conducted from within individual self‐storage units. c. No outside storage shall be permitted, including vehicles, trailers, equipment, or products associated with self‐storage use. d. No hazardous materials may be stored on site. e. No motor vehicles, trailers, equipment or any device in, on or by which a person or property is or may be transported or drawn shall be offered for rent associated with the self‐storage use. f. Excluding the first-floor self-storage office; interior signs, advertisements, corporate colors and graphics, and other items as determined by the Planning and Zoning Administrator shall not be visible from the exterior of the building. Item B – Development Plan/Landscape Plan for self and RV storage uses 4. The RV storage area screen wall shall be as depicted in the approved architecture (2202737) and shall vary from 11 feet to 13 feet to emulate a varied roofline. Textures, materials and colors shall reflect the design aesthetic of the self-storage building. 5. An ADA Accessible route shall be provided from the ADA spaces within the RV storage lot to the front entrance of the building. Page 1 of 4 G:\Projects\22am Mercado del Rio\a01 Storage\0240\Sub 2\Sub 2 Narrative.docx TO: Town of Oro Valley DATE: 12/2/2022 Community & Economic Development Dept. 11000 N La Cañada Dr. Oro Valley, AZ 85737 PROJECT: Self-Storage / RV Storage at Mercado del Rio PROJECT #: 22ama01 SUBJECT: Conditional Use Permit Request for Self-Storage Use Project Overview Roughly twenty years ago the Mercado del Rio complex on Pusch View Lane just west of Oracle Road was approved by the Oro Valley Town Council. Over the years a number of businesses have successfully located there, providing goods and services to area residents and sales tax revenue to the Town. The latest business to desire a location within Mercado del Rio is Life Storage, a modern self-storage provider with approximately 1,125 facilities encompassing over 67 million square feet in 36 states. Life Storage seeks to provide modern, secure, clean facilities that utilize innovative technologies to enhance the customer experience. Below is a conceptual rendering of the proposed Life Storage Facility at Mercado del Rio, which will also include a fully screened storage lot for recreational vehicles. The nearest neighbors of this project are the Rooney Ranch shopping center to the east and the Rock Ridge Apartments to the south. The nearest single-family properties are over 800 feet to the southwest in the Oro Valley Country Club (beyond Pusch View Lane, a 135’-wide tributary channel of the CDO Wash, and an OV Water Utility facility) and to the northwest in the River’s Edge subdivision on the other side of the CDO Wash. The RV storage is permitted by existing zoning, while the self-storage element requires a Conditional Use Permit. As such, we submit this request for approval of a CUP concurrently with the review and approval of the Conceptual Site Plan package for the overall development. Further details are provided below. Conditional Use Permit Request Town Code allows Town Council to approve self-storage uses when a proposed development has demonstrated compliance with the criteria for evaluating Conditional Use Permits as stated in Section 22.5 of the Oro Valley Zoning Code. The criteria are listed below, along with responses to each criterion. 1. That the granting of such conditional use permit will not be materially detrimental to the public health, safety, or welfare. In arriving at this determination, the factors which shall be considered shall include the following: a. Damage or nuisance arising from noise, smoke, odor, dust, vibration or illumination;  Modern self-storage facilities are generally quiet and free of smoke, odors, dust and vibration. Outdoor lighting will be shielded and compliant with the Town’s outdoor lighting code in order to minimize impacts to any surrounding property owners and public rights-of-way. b. Hazard to persons and property from possible explosion, contamination, fire or flood;  Flammable substances are not permitted to be stored within the self-storage facility. Even so, it will be equipped with a fire sprinkler system meeting the requirements of the fire department. Additionally, being within Mercado del Rio this development has zero potential to cause flooding of other properties. PROJECT #: 22ama01 DATE: 12/2/2022 Page 2 of 4 G:\Projects\22am Mercado del Rio\a01 Storage\0240\Sub 2\Sub 2 Narrative.docx c. Unusual volume or character of traffic.  Self-storage facilities generate very low volumes of traffic. Furthermore, by internalizing the storage unit access the amount of vehicular access area on site is significantly reduced from more traditional self-storage facilities. Lastly, of all the land uses permitted in the C-2 Commercial zone, this proposed use will generate nearly the least amount of traffic. For example, the retail space depicted on the existing Mercado del Rio development plan within this same prioject boundary would generate approximately 3,076 daily trips, whereas the proposed self-storage building and RV storage will generate well under 200 daily trips. 2. That the characteristics of the proposed use are reasonably compatible with the types of use permitted in the surrounding area and sufficient mitigation measures are employed to minimize impact on adjoining properties.  The proposed RV storage area is already permitted by the existing zoning. Other uses that are already permitted in the C-2 zone include bars, offices, light manufacturing, restaurants, general retail uses, research & development facilities, grocery stores, car rental companies, daycares, parking garages, hotels/motels, private clubs, schools, and marijuana establishments. This proposed storage facility will have little impact on surrounding parcels, and certainly less impact than many other permitted uses on this property.  The self-storage industry has evolved in recent years to move away from the traditional design involving external vehicular access to storage units that were arranged in low, linear buildings. Modern self-storage facilities such as the one proposed on this site are more secure and appear outwardly to be more like a new office building than a traditional self-storage facility. Traditional Self-Storage Facility Proposed Self-Storage Facility PROJECT #: 22ama01 DATE: 12/2/2022 Page 3 of 4 G:\Projects\22am Mercado del Rio\a01 Storage\0240\Sub 2\Sub 2 Narrative.docx 3. That the proposed use is consistent with the goals and policies of the general plan.  This development supports a number of General Plan goals and policies. For example: o 3.4.D. – The people of Oro Valley strive for a community with a wide range of services, amenities, shopping and dining opportunities and housing types that meet the needs of current and future residents.  This facility will add to the “wide range of services” available to Oro Valley residents. o 3.4.J – A safe community with low crime, safe neighborhoods and positive relationships between law enforcement and community members.  With its increased security measures such as individual passcodes, surveillance cameras, an onsite manager, and bright internal security lighting this facility will provide a safer self-storage alternative to “traditional” self-storage facilities near the Town. o 3.5.E.4 – Support the Oro Valley workforce and residents through education and training programs and needed services and amenities.  This facility will help fill the need for modern self-storage options in Oro Valley. o 4.8.CE.3 – Lead efforts which contribute to regional reduction in air pollution and greenhouse gas emissions.  By providing modern self-storage at this central location, Town residents needing a safe and high- quality self-storage option won’t have to drive as far, reducing greenhouse gas emissions. o 5.5.LU.1 – Promote land use development practices and programs that conserve and minimize impacts to natural and cultural resources.  The subject property has been previously graded and earmarked this this type of development, so no natural or cultural resources will be impacted. o 5.5.LU.5 – Provide diverse land uses that meet the Town’s overall needs and effectively transition in scale and density adjacent to neighborhoods.  This property’s lack of nearby single-family residential neighbors is partially why it was zoned years ago for land uses such as the proposed facility. The apartment complex and Pusch View Lane to the south, the Rooney Ranch shopping center to the east, and the CDO Wash to the north all provide strong and effective land use transitions around Mercado del Rio. o 5.5.LU.9 – Promote the design of cohesive developments that enhance and promote the pedestrian experience.  The Mercado del Rio development provides excellent pedestrian access to the public sidewalk system along Pusch View Lane and the multi-use path along the CDO Wash. Mercado del Rio also includes a central pedestrian plaza that will be preserved as well as a trailhead to the CDO Wash path. PROJECT #: 22ama01 DATE: 12/2/2022 Page 4 of 4 G:\Projects\22am Mercado del Rio\a01 Storage\0240\Sub 2\Sub 2 Narrative.docx o 5.7.DG.1. – Require new development to pay its share toward the cost of additional public facility and service needs generated by new development, while balancing public and private interests in cost allocation.  The developer will fund their fair share of any new infrastructure is required to offset the impacts of this development. o 5.8.I.10. – Accommodate community services and utilities that meet the larger community needs and goals.  This development’s central, infill location is extremely accessible by pedestrians and bicyclists. In fact, a public trailhead and multi-use path already exists along the property’s northern edge 4. That the hours of operation of the proposed use will not adversely impact neighboring properties.  The hours of operation will not adversely impact neighboring properties. The operational hours are expected to be 8 AM to 6 PM with secure customer access to their storage units available from 6 AM until 11 PM. We appreciate your consideration of these requests. Please do not hesitate to contact me with any questions. Sincerely, Paul Oland 2 STORY SELF - STORAGE FOOTPRINT: 50,600 GSF TOTAL: 101,200 GSF 850 UNITS FF = 2549.00 PAD = 2548.50 CAÑA D A D E L O R O RI V E R P A R K E PUSCH VIEW LANE E VUELT A C A M I N A T A D E L R I O N PASEO RIO DE YIDAN PASEO RIO DE YIDACITY-BUS - City Transit Bus MERCADO DEL RIO SELF-STORAGE 4001 North 3rd Street, Suite 165 Phoenix, AZ 85012 P: 623-521-4905 SAN DIEGO - NASHVILLE - PHOENIX DEVELOPMENT SITE PLAN PACKAGE FOR MERCADO DEL RIO SELF STORAGE FACILITY Dial 8-1-1 or 1-800-STAKE-IT (782-5348) in Maricopa County: (602) 263-1100 Call at least two full working days before you begin excavation. Arizona Blue Stake, Inc. PROJECT OVERVIEW PLAN Scale: 1"=100' OWNER ENGINEER RESPONSIBLE CHARGE DECLARATION OF VICINITY MAP LEGAL DESCRIPTION PROJECTSITE LEGEND SHEET INDEX GRADING GENERAL NOTES DRAINAGE GENERAL NOTES GENERAL NOTES BASIS OF BEARING WATER UTILITY GENERAL NOTES ENGINEERING GENERAL NOTES PUBLIC WASTEWATER GENERAL NOTES Cover Sheet ASSESSOR PARCEL NUMBER GOLDEN RANCH FIRE DISTRICT GENERAL NOTES PERMITTING DIVISION - BUILDING CODES DETAILS USED DRAINAGE STATEMENT CAÑA D A D E L O R O RI V E R P A R K E VUELT A C A M I N A T A D E L R I O N PASEO RIO DE YIDAN PASEO RIO DE YIDAAPN 224-282-6302 STORY SELF - S T O R A G E FOOTPR I N T : 5 0 , 6 0 0 G S F TOTAL: 1 0 1 , 2 0 0 G S F 850 UNIT S FF = 254 9 . 0 0 PAD = 25 4 8 . 5 0 APN 224-282-640APN 224-282-650APN 224-282-530APN 224-282-600CITY-BUS - City Transit Bus MERCADO DEL RIO SELF-STORAGE 4001 North 3rd Street, Suite 165 Phoenix, AZ 85012 P: 623-521-4905 SAN DIEGO - NASHVILLE - PHOENIX DEVELOPMENT SITE PLAN PACKAGE FOR MERCADO DEL RIO SELF STORAGE FACILITY Dial 8-1-1 or 1-800-STAKE-IT (782-5348) in Maricopa County: (602) 263-1100 Call at least two full working days before you begin excavation. Arizona Blue Stake, Inc. RESPONSIBLE CHARGE DECLARATION OF CONSTRUCTION NOTES Site Plan LEGEND: easement notes 2 STORY SELF - STORAGE FOOTPRINT: 50,600 GSF TOTAL: 101,200 GSF 850 UNITS FF = 2549.00 PAD= 2548.50 CAÑADA D E L O R O R I V E R P A R K E VUELTA CAMINATA DEL RIO APN 224-282-630APN 224-282-600CITY-BUS - City Transit BusB6 DA 1 DA 2 DA 3 DA 4 FLOOD ZO N E " X " FLOOD ZO N E " A E " CP 1 CP 2 CP 3 CP 4 CP 5 CP 6 CP 7 D6MERCADO DEL RIO SELF-STORAGE 4001 North 3rd Street, Suite 165 Phoenix, AZ 85012 P: 623-521-4905 SAN DIEGO - NASHVILLE - PHOENIX DEVELOPMENT SITE PLAN PACKAGE FOR MERCADO DEL RIO SELF STORAGE FACILITY Dial 8-1-1 or 1-800-STAKE-IT (782-5348) in Maricopa County: (602) 263-1100 Call at least two full working days before you begin excavation. Arizona Blue Stake, Inc. SITE PLAN RESPONSIBLE CHARGE DECLARATION OF LEGEND Grading & Drainage Plan STORM DRAIN KEYNOTES CP 1 STORM WATER NOTES CP 2 CP 3 CP 4 CP 5 CP 6 CP 7 E PUSCH VIEW LANE E VUELT A C A M I N A T A D E L R I O N PASEO RIO DE YIDAN PASEO RIO DE YIDAAPN 224-282-650DD APN 224-282-640C 6 DA 5 DA 6 CP 8 MERCADO DEL RIO SELF-STORAGE 4001 North 3rd Street, Suite 165 Phoenix, AZ 85012 P: 623-521-4905 SAN DIEGO - NASHVILLE - PHOENIX DEVELOPMENT SITE PLAN PACKAGE FOR MERCADO DEL RIO SELF STORAGE FACILITY Dial 8-1-1 or 1-800-STAKE-IT (782-5348) in Maricopa County: (602) 263-1100 Call at least two full working days before you begin excavation. Arizona Blue Stake, Inc. SITE PLAN RESPONSIBLE CHARGE DECLARATION OF Grading & Drainage Plan LEGEND STORM DRAIN KEYNOTESCP 8 CITY-BUS - City Transit Bus MERCADO DEL RIO SELF-STORAGE 4001 North 3rd Street, Suite 165 Phoenix, AZ 85012 P: 623-521-4905 SAN DIEGO - NASHVILLE - PHOENIX DEVELOPMENT SITE PLAN PACKAGE FOR MERCADO DEL RIO SELF STORAGE FACILITY Dial 8-1-1 or 1-800-STAKE-IT (782-5348) in Maricopa County: (602) 263-1100 Call at least two full working days before you begin excavation. Arizona Blue Stake, Inc. SITE PLAN RESPONSIBLE CHARGE DECLARATION OF Dial 8-1-1 or 1-800-STAKE-IT (782-5348) in Maricopa County: (602) 263-1100 Call at least two full working days before you begin excavation. Arizona Blue Stake, Inc. Utilities & Easements plan UTILITIES NOTES LEGEND MERCADO DEL RIO SELF-STORAGE 4001 North 3rd Street, Suite 165 Phoenix, AZ 85012 P: 623-521-4905 SAN DIEGO - NASHVILLE - PHOENIX DEVELOPMENT SITE PLAN PACKAGE FOR MERCADO DEL RIO SELF STORAGE FACILITY Dial 8-1-1 or 1-800-STAKE-IT (782-5348) in Maricopa County: (602) 263-1100 Call at least two full working days before you begin excavation. Arizona Blue Stake, Inc. RESPONSIBLE CHARGE DECLARATION OF Details CONCRETE VERTICAL CURB SAWCUT AC, GRIND & OVERLAY DETAIL TYPICAL PAVEMENT SECTION - PARKING CONCRETE VERTICAL CURB & GUTTER CONCRETE DRAINAGE GUTTER CROSS SECTION DETAIL CROSS SECTION DETAIL TYPICAL PAVEMENT SECTION - MAIN DRIVE TRASH ENCLOSURE DETAIL VALLEY GUTTER, M.A.G. STD. DET. 240 CROSS SECTION DETAIL MINIMUM 2000lbs EACH GRANITE BOULDER3'x3'x3' SURFACE SELECT2" DEPTH IN ALL LANDSCAPE AREAS DECOMPOSED GRANITEMATCH EXISTING DESERT SPOONDASYLIRION WHEELERII RED YUCCAHESPERALOE PARVIFLORA BLUE ELF ALOEALOE 'BLUE ELF' PARRY'S PENSTEMONPENSTEMON PARRYI JOJOBASIMMONDSIA CHINENSIS RED FAIRY DUSTERCALLIANDRA CALIFORNICA PHOENIX THORNLESSPROSOPIS HYBRID 'PHOENIX'LANDSCAPE LEGEND /QUANTITY SIZE24" BOX79WATER USE TYPE ADWRANNUAL USE AT MATURITY (GALLONS) ANNUAL WATER USE QUANTITY TIMES ADWR ANNUAL USE (GALLONS) MONTHLY WATER USE ADWR ANNUAL USE DEVIDED BY12 MONTHS WATER USE SCHEDULESYMBOL BOTANICAL NAME / COMMON NAME 645 GAL.1555 GAL.5 GAL.5 GAL.5 GAL.196551445 GAL.124 MESQUITE21111210,137263707011035701800,82366,73516,8321,40310,85090410,0808406,0505046,8605718,680723TOTAL WATER USE AT MATURITY:525,65443,805 BLUE PALO VERDECERCIDIUM FLORIDUM24" BOX210,137162,19213,51616CAÑADA DEL ORO RIVER PARKE PUSCH VIEW LANE E VUELTA CAMINATA DEL RION PASEO RIO DE YIDA2 STORYSELF - STORAGEFOOTPRINT: 50,600 GSFTOTAL: 101,200 GSF887 UNITS360'EXISTING STATUEAND COURTYARDTO REMAIN15'LANDSCAPESETBACK15'LANDSCAPESETBACKPAINT ST R I P I N G PAINT ST R I P I N G ASPHAL T SCREEN WALLSCREEN WALLSCREEN WALLSCREEN WALLSCREEN WALLSCREEN WALLSCREEN WALLSCREEN WALLCONCEPT LANDSCAPE PLANFOR THESELF-STORAGE ATMERCADO DEL RIOLANDSCAPE PLANSITE ADDRESSXXXX EAST PUSCH VIEW LANEVALLEY, ARIZONA 85737STEAM PUMP VILLAGE SELF-STORAGEA PORTION OF SECTION 5,6,7 AND 8,T-12-S, R-14-E, G&SRB&M, TOWN OFORO VALLEY, PIMA COUNTY, ARIZONACONCEPTUAL LANDSCAPE PLANFOR THE SELF-STORAGE ATMERCADO DEL RIO1"=30'-0"SCALE:11.12.22DATE:La.01OF1ARCHITECTWARE MALCOMB2777 E. CAMELBACK RD. SUITE 325PHOENIX, AZ 85016480.767.1001DCOUTURE@WAREMALCOMB.COMSHEET INDEX1.La.01 LANDSCAPE PLANC.I.:1'-0"APPROVED BY:PLANNING AND ZONING ADMINISTRATOR DATEEIPXERS3 202/03/6002.16.23LANDSCAPENORTHSCALE:PLAN1"=30'-0"PLANP.(602)265-0320Scottsdale, Arizona 8525810450 N. 74th Street , Suite 120SITE PLANNINGURBAN DESIGNLANDSCAPE ARCHITECTURET.J. McQUEEN & ASSOCIATES, INC.EMAIL: timmcqueen@tjmla.netCONSENT FROM TJMLA.T.J. McQUEEN & ASSOC., INC. LANDSCAPE ARCHITECTUREOBTAINING THE EXPRESSED WRITTEN PERMISSION &THEY TO BE ASSIGNED TO ANY THIRD PARTY WITHOUTCOPIED IN ANY FORM OR MANNER WHATSOEVER, NOR ARETHESE PLANS ARE NOT TO BE REPRODUCED, CHANGED OR(TJMLA) EXPRESSLY RESERVES ITS COMMON LAW COPYRIGHT& OTHER PROPERTY RIGHTS IN THESE PLANS. COPIED IN FIRSTCASE REFERENCE INFO:OV1203-2222014332202518GENERAL LANDSCAPE NOTES: ORO VALLEY SELF STORAGE 615 E PUSCH VIEW LANE ORO VALLEY, ARIZONA CONCEPTUAL DESIGN PHX22-0093-00 01.18.2023 PAGE 201.18.2023ORO VALLEY SELF STORAGE ORO VALLEY, ARIZONA - PHX22-0093-00 CORNER OFFICE This conceptual design is based upon a preliminary review of entitlement requirements and on unverified and possibly incomplete site and/or building information, and is intended merely to assist in exploring how the project might be developed. Signage shown is for illustrative purposes only and does not necessarily reflect municipal code compliance. All colors shown are for representative purposes only. Refer to material samples for actual color verification. 1 DARK BRONZE ANODIZED ALUMINUM STOREFRONT SYSTEM WITH HIGH PERFORMANCE INSULATED GLAZING 2 STUCCO, PAINTED SHERWIN WILLIAMS: RELAXED KHAKI - SW 6149, LRV:50 3 STUCCO, PAINTED SHERWIN WILLIAMS: QUIVER TAN - SW 6151, LRV:22 4 STUCCO, PAINTED SHERWIN WILLIAMS: FAVORITE TAN - SW 6157, LRV:44 5 CORNICE DETAILING PAINTED SHERWIN WILLAIMS: PROTEGE BRONZE - SW 6153, LRV:9 6 STACKED STONE: ELDORADO STONE: DRY CREEK PROFILE / COLOR 7 DECORATIVE ELEMENT PAINTED: SHERWIN WILLIAMS: PROTEGE BRONZE - SW 6153, LRV:50 8 TRELLIS 9 SPANDREL GLASS KEYNOTES NORTH ELEVATION - SCALE: 1/16” = 1’-0” SOUTH ELEVATION - SCALE: 1/16” = 1’-0” EAST ELEVATION - SCALE: 1/16” = 1’-0” WEST ELEVATION - SCALE: 1/16” = 1’-0” TOP OF PARAPET 28’-0” TOP OF PARAPET 28’-0” TOP OF PARAPET 28’-0” TOP OF PARAPET 28’-0” FINISH GRADE 0’-0” FINISH GRADE 0’-0” FINISH GRADE 0’-0” FINISH GRADE 0’-0” STOREFRONT 11’-6” STOREFRONT 11’-6” TOP OF PARAPET 30’-0” TOP OF PARAPET 30’-0” TOP OF PARAPET 30’-0” TOP OF PARAPET 30’-0” TOP OF RIDGE 35’-0” TOP OF RIDGE 35’-0” TOP OF PARAPET 34’-0” 9 58 5 8 9 1 1 7 3 3 3 3 2 2 2 2 1 7 4 4 4 5897 4 6 5 8 9 6 6 6 PAGE 301.18.2023ORO VALLEY SELF STORAGE ORO VALLEY, ARIZONA - PHX22-0093-00 CONCEPT ELEVATIONSThis conceptual design is based upon a preliminary review of entitlement requirements and on unverified and possibly incomplete site and/or building information, and is intended merely to assist in exploring how the project might be developed. Signage shown is for illustrative purposes only and does not necessarily reflect municipal code compliance. All colors shown are for representative purposes only. Refer to material samples for actual color verification. 1 DARK BRONZE ANODIZED ALUMINUM STOREFRONT SYSTEM WITH HIGH PERFORMANCE INSULATED GLAZING 2 STUCCO, PAINTED SHERWIN WILLIAMS: RELAXED KHAKI - SW 6149, LRV:50 3 STUCCO, PAINTED SHERWIN WILLIAMS: QUIVER TAN - SW 6151, LRV:22 4 STUCCO, PAINTED SHERWIN WILLIAMS: FAVORITE TAN - SW 6157, LRV:44 5 CORNICE DETAILING PAINTED SHERWIN WILLAIMS: PROTEGE BRONZE - SW 6153, LRV:9 6 STACKED STONE: ELDORADO STONE: DRY CREEK PROFILE / COLOR 7 DECORATIVE ELEMENT PAINTED: SHERWIN WILLIAMS: PROTEGE BRONZE - SW 6153, LRV:50 8 TRELLIS 9 SPANDREL GLASS KEYNOTES PARTIAL SCREEN WALL ELEVATION - SCALE: 1/4” = 1’-0” TOP OF WALL 11’-8” FINISH GRADE 0’-0” TOP OF WALL 13’-0” 2 537 6 PAGE 401.18.2023ORO VALLEY SELF STORAGE ORO VALLEY, ARIZONA - PHX22-0093-00 SCREEN WALL ELEVATION DETAILThis conceptual design is based upon a preliminary review of entitlement requirements and on unverified and possibly incomplete site and/or building information, and is intended merely to assist in exploring how the project might be developed. Signage shown is for illustrative purposes only and does not necessarily reflect municipal code compliance. All colors shown are for representative purposes only. Refer to material samples for actual color verification. 11'-0" VITRO OPTIGRAY GLASS1 STUCCO PAINTED SHERWIN WILLIAMS: RELAXED KHAKI - SW 6149 2 STUCCO PAINTED SHERWIN WILLIAMS: QUIVER TAN - SW 6151 3 STUCCO PAINTED SHERWIN WILLIAMS: PROTEGE BRONZE - SW 6153 4 CORNICE, DECORATIVE METAL PANEL, AND TRELLIS PAINTED TO MATCH SHERWIN WILLIAMS: PROTEGE BRONZE - SW 6153 6STUCCO PAINTED SHERWIN WILLIAMS: FAVORITE TAN - SW 6157 5 ALUMINUM STOREFRONT ARCADIA,DARK BRONZE7 STACKED STONE ELDORADO STONE: DRY CREEK PROFILE/COLOR 8 1 2 3 3 6 6 6 6 4 5 7 8 01.18.2023 EXTERIOR MATERIAL BOARD ORO VALLEY SELF STORAGE ORO VALLEY, ARIZONA - PHX22-0093-00 Mercado Del Rio Self Storage Scale: 1"=30'-0"14'-0"14'-0"11'-0"East - West Section Looking North Paseo Rio De Yida Caminata Del Rio North - South Section Looking East 11'-0"13'-0"11'-0"13'-0"11'-0"11'-0"11'-0"13'-0"E Vuelta Caminata Del Rio E Pusch View LaneE PUSCH VIEW LANEE VUELT A C A M I N A T A D E L R I O N PASEO RIO DE YIDA40'40'RETENTIONEXISTING STATUEAND COURTYARDTO REMAINEXISTING LANDSCA P E TO STAY EXISTING LANDSCAPE TO STAY EXISTING LANDSCAPE TO STAYEXISTING LANDSCAPE TO STAYNorth - South Section Looking EastEast - West Section Looking North 13'-0"14' 14' 14' 11' 11' 11'CAMUNATA DEL RIOWall Legend 13' tall 11' tall Tallest RV (14') located Centrally View over 13' screen wall View over 11' screen wall CAÑA D A D E L O R O RI V E R P A R K E PUSCH VIEW LANEE VUELT A C A M I N A T A D E L R I O N PASEO RIO DE YIDA2 STORYSELF - STORAGEFOOTPRINT: 50,600 GSFTOTAL: 101,200 GSF887 UNITS160'110'50'360' 220'27'TYP.40'40'RETENTION20'BUILDINGSETBACKEXISTING LANDSC A P E TO STAY EXISTING STATUEAND COURTYARDTO REMAINOFFICE900 SFRETENTION20' EXISTING LANDSC A P E TO STAY EXISTING LANDSC A P E TO STAY EXISTING LANDSCAPE TO STAY EXISTING LANDSCAPE TO STAYEXISTING LANDSCAPE TO STAY26' 21' 8'15'LANDSCAPESETBACK15'LANDSCAPESETBACK30' TYP.Section at Loading Areascale 1"=10'NORTHSHEET12.15.2022PHX22-0093-00Mercada Del Rio Self Storage Site Plan615 E Pusch View Linescheme: 06Oro Valley, AZ 85737101530601501" =30'Max Building Height = 30'Fire Notes;1.Be advised that a site survey shall be conducted to evaluate radio coveragein the entire building. The results of the site survey may require anEmergency Responder Radio Coverage Bi-Directional Amplifier (BDA)System. 2018 IFC Section 510.1 Emergency responder radio coverage innew buildings: New buildings shall have approved radio coverage foremergency responders within the building based on the existing coveragelevels of the public safety communication systems utilized by thejurisdiction, measured at the exterior of the building. This section shall notrequire improvement of the existing public safety communication systems.2.Section 903.1 General: Is AMENDED by ADDING: All commercialoccupancies, wherever located throughout the District, shall be equippedwith automatic fire sprinkler systems installed and designed in accordancewith NFPA 13, “Standard for the Installation of Sprinkler Systems” thelatest adopted edition.3.2018 IFC Section 901.4.7 Riser Room: An interior room shall be dedicatedfor the use of the fire sprinkler riser. This room shall have access through anexterior door that leads directly into this room.4.Required fire flow (water from a hydrant) is existing but at least onehydrant will be required in back of building due to max. hydrant spacingrequirements. 2018 IFC Sections 507.5 and C102.1 with Table C102.1.Base code requires 500 ft. spacing but you can increase to 750 ft. becauseof the NFPA13 sprinkler system requirement. Town of Oro Valley 1st Neighborhood Meeting Summary Mercado del Rio Self-storage Conducted In Town Council Chambers and on-line via Zoom September 18, 2022 6:00 – 7:30 PM Introductions and Welcome Meeting facilitator and project manager for the Town, Principal Planner, Michael Spaeth, introduced the agenda for the meeting. There were approximately 6 neighbors and interested parties in attendance. Town Staff Presentation Michael Spaeth, Principal Planner and the Town’s project manager for the applicant’s proposal, provided a presentation that included: Purpose of tonight’s meeting Project Timeline History of the development Brief overview of the applicant’s requests Applicant Presentation The applicant, Paul Oland, from Paradigm Land Consulting, representing the property owner, provided a presentation that included: Subject property Property Owners proposal Public Questions & Comments Following is a summary of the issues discussed: 1. Concern that the applicant’s proposal is too ‘large’ for the shopping center. Not what was intended when originally design. 2. Too much self-storage Town wide. 3. Shared access with adjacent doctor office presents a concern. 4. What type of security is provided? Will it be manned 24 hours? 5. Has this developer built anything else in the region. 6. How many RV spaces are proposed? Are they covered? 7. Original approval required vehicle services along the east side. 8. What type of screening is proposed? 9. Lighting plans? Will it be lit 24 hours? 10.Basement a possibility to lessen height impact? 11.What are the planned hours of operation? 12.What conditions are required? Conclusion The applicant and Town staff addressed the questions and comments related to the proposal and the associated impacts. Mr. Spaeth laid out the project timeline moving forward, thanked everyone for their attendance and encouraged them to email ask@orovalleyaz.gov with any additional thoughts, comments, or concerns. Town of Oro Valley 2nd Neighborhood Meeting Summary Mercado del Rio Self-storage Conducted In Town Council Chambers and on-line via Zoom January 31, 2023 6:00 – 7:30 PM Introductions and Welcome Meeting facilitator and project manager for the Town, Principal Planner, Michael Spaeth, introduced the agenda for the meeting. There were approximately 6 neighbors and interested parties in attendance. Town Staff Presentation Michael Spaeth, Principal Planner and the Town’s project manager for the applicant’s proposal, provided a presentation that included: Purpose of tonight’s meeting Brief overview of the applicant’s revisions Applicant Presentation The applicant, Paul Oland, from Paradigm Land Consulting, representing the property owner, provided a presentation that included: Subject property Property Owners revised proposal How questions/concerns from the 1st neighborhood meeting were addressed Public Questions & Comments Following is a summary of the issues discussed: 1. Concern that the applicant’s proposal is not what was intended when the center was originally designed and is not in keeping with the design theme for the center. 2. Shared access with adjacent doctor office presents a concern. 3. What type of security is provided? Will it be manned 24 hours? 4. Lighting plans? Will it be lit 24 hours? 5. What are the planned hours of operation? 6. What conditions are required? Conclusion The applicant and Town staff addressed the questions and comments related to the proposal and the associated impacts. Mr. Spaeth laid out the project timeline moving forward, thanked everyone for their attendance and encouraged them to email ask@orovalleyaz.gov with any additional thoughts, comments, or concerns. Public Hearing: Conditional Use Permit, Development/Landscape Plan and Architecture for a Self and RV storage use Town Council April 19, 2023 1 Purpose Public Hearing: Proposed Self and RV storage use Item A: Conditional Use Permit for the self-storage Item B: Development/Landscape Plan Item C: Architecture Planning and Zoning Commission recommendation Discussion and possible action 2 Location Map 3 Applicant’s proposal Self-storage 101,000 square feet Building Height: 30 feet, 2-stories RV storage 52 spaces Screening CDO multi-use path Refuse and loading areas RV storage area Consistent architectural design 4 Background and History Regional Commercial (C-2) Self-storage requires CUP Vehicle storage use permitted Master Development Plan Approved in 2004 Established: Lot layout Internal circulation Vehicle Pedestrian Perimeter setbacks Bufferyards Courtyard areas Pads constructed in 2007 60% vacant C-2 5 6 Conditional Use Permit Conditional Use Permit (CUP) CUP Review Criteria Public Health, Safety, and Welfare Reasonably compatible with surrounding uses Consistent with the General Plan Hours of Operation Key design focus Screening CDO multi-use path RV storage area Land use transition 7 Item A: Conditional Use Permit Criterion 2 – Reasonably compatible with surrounding uses Vacant site within Mercado del Rio commercial center Rear of Target and in-line shops (Rooney Ranch) Previously disturbed for overflow parking Buffer between intensive uses (automotive) and office/spa to west Architecturally consistent with center Criterion 3 – Consistent with the Goals/Policies of the GP Item B: Development/Landscape Plans Development Plan Self-storage 101,000 square feet Building Height: 30 feet, 2-stories 2 access points Pedestrian connections RV storage 52 spaces Fully screened 1 access point Landscape Plan Enhanced Bufferyards Screening 8 Item C –Architecture 9 Self-storage building and RV Screen wall Varied roof and wall planes Approved colors and materials (Mercado del Rio Master Architectural Design Guidelines) Planning and Zoning Commission action Public Hearing held on March 7, 2023 Compatibility within the center Impacts to adjacent uses Planning and Zoning Commission recommendation Conditional Use Permit Development Plan Architecture 10 Summary and Recommendation Public Hearing: proposed Self and RV storage use Item A – Conditional Use Permit Item B – Development/Landscape Plans Item C – Architecture Commission recommends conditional approval of Items A and B and approval of Item C 11    Town Council Regular Session 4. Meeting Date:04/19/2023   Requested by: Town Council Submitted By:Michelle Stine, Town Clerk's Office Department:Town Clerk's Office SUBJECT: RESOLUTION NO. (R)23-16, DISCUSSION AND POSSIBLE ACTION TO ADOPT THE FY 23/24 - FY 24/25 STRATEGIC PLAN RECOMMENDATION: Staff recommends approval. EXECUTIVE SUMMARY: At the Town Council Study Session on April 5, 2023, Council provided feedback to staff regarding the draft Strategic Plan to ensure the objectives outlined were aligned with Council's discussion during the February workshop. Feedback received has been captured in the final Strategic Plan for consideration and adoption tonight. Please note that the following objective was added to tonight's proposed Strategic Plan that was not specifically discussed at the April 5 meeting, but is significant and is being recommended to include in the upcoming Strategic Plan: OBJECTIVE 4.3.5: Analyze and provide options for potential uses for the Rooney Ranch property. BACKGROUND OR DETAILED INFORMATION: On February 10th , 2023, Town Council held a Council Workshop with Facilitator Mike Letcher of The Bridge Group LLC. and Town leadership staff to begin planning for the FY23/24 - FY24/25 Strategic Plan. During the Council Workshop, Town Council identified focus areas and priorities for the next two (2) fiscal years, which were captured and subsequently incorporated into proposed goals and objectives as incorporated into the attached Strategic Plan.   The Council Strategic Leadership Plan includes seven focus areas: 1. Economic Vitality 2. Culture and Recreation 3. Public Safety 4. Roads, Water and Town Infrastructure 5. Land Use and Design 6. Effective and Efficient Government 7. Financial Stability and Sustainability   Additionally, there are 55 proposed objectives that will be achieved over the next two (2) fiscal years. FISCAL IMPACT: N/A SUGGESTED MOTION: I MOVE to (approve/deny) Resolution No. (R)23-16, adopting and approving the FY 2023/24 - FY 2024/25 Town Council Strategic Plan. Attachments (R)23-16 Resolution to Adopt Strategic Plan  FY 23-24 - FY 24-25 Town Council Strategic Plan with Edits from the 4-5-23 Town Council Regular and Study Session  RESOLUTION NO. (R)23-16 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, ADOPTING THE TOWN COUNCIL STRATEGEIC PLAN FOR FISCAL YEARS 2023/2024 AND 2024/2025; AND DIRECTING THE TOWN MANAGER, TOWN CLERK, TOWN LEGAL SERVICES DIRECTOR, OR THEIR DULY AUTHORIZED OFFICERS AND AGENTS TO TAKE ALL STEPS NECESSARY TO CARRY OUT THE PURPOSES AND INTENT OF THIS RESOLUTION WHEREAS, the current Town of Oro Valley Strategic Plan was adopted on April 21, 2021, by Resolution (R)21-13; and WHEREAS, the Town wishes to revise the current Strategic Plan to better reflect the current strategic posture of the Town; and WHEREAS, the Town Council Strategic Plan for fiscal years 2023/2024 and 2024/2025 (the Plan), attached hereto as Exhibit “A” and incorporated herein by this reference, includes input from the Mayor and Council and all Town departments; and WHEREAS, the Plan’s focus areas are: Economic Vitality, Culture and Recreation, Public Safety, Roads, Water, Town Assets, Land Use and Design, Effective and Efficient Government and Financial Stability and Sustainability; and WHEREAS, the Mayor and Council believe that the adoption of the Plan is in the best interest of the Town and will help promote the health, safety and welfare of the Town. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Oro Valley, Arizona, that: SECTION 1. The Town of Oro Valley Strategic Plan for fiscal years 2023/2024 and 2024/2025 (the Plan), attached hereto as Exhibit “A”, is hereby adopted. SECTION 2. 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 3. If any section, subsection, sentence, clause, phrase or portion of this Resolution, or the Plan, 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. 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. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona, this 19th 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” 1 DRAFT FY 23/24 – FY 24/25 Town Council Strategic Plan TOWN COUNCIL FOCUS AREA 1: ECONOMIC VITALITY GOAL 1.1A: SUPPORT STRENGTHEN ASSISTANCE TO SUPPORT AND RETAIN AND ASSIST LOCAL BUSINESSES. WITH NAVIGATING THE CURRENT AND PROJECTED ECONOMIC CONDITIONS. OBJECTIVE 1.1.1: In coordina?on with the Oro Valley Chamber of Commerce, co-sponsor the Oro Valley Annual Business Summit in 2024. OBJECTIVE 1.1.2: Con?nue and/or expand Oro Valley’s business reten?on, and expansion, and enhancement programs. GOAL 1.2B: ATTRACT, EXPAND, AND RETAIN PRIMARY EMPLOYERS TO ENCOURAGE GROWTH AND DEVELOPMENT OF JOB OPPORTUNITIES. OBJECTIVE 1.2.1: Support and encourage the current Grow thekey economic sectors in bio- economy in Oro Valley while exploring opportuni?es for new growth. with a focus on retaining and expanding diagnos?cs and discovery firms. OBJECTIVE 1.2.2: Host 3 startup business classes to educate and support prospec?ve entrepreneur prospects with support from Startup Tucson and/or the Pima County Small Business Development Center. OBJECTIVE 1.2.3: Develop a strategy to iden?fy, engage and support community-based “solopreneurs” (consultants, early re?rees, freelancers) and others who want to create new businesses. GOAL 1.3C: ATTRACT, EXPAND, AND RETAIN RETAIL, FOOD SERVICE, AND HOSPITALITY OPPORTUNITIES IN COMMERCIAL CENTERS. OBJECTIVE 1.3.1: Update and con?nue u?lizing Implement the Comprehensive Economic Development Strategy and provide suggested updates to Town Council. GOAL 1.4D: ENCOURAGE INCREASE THE NUMBER OF RESIDENTS AND VISITORS WHO TO CHOOSE ORO VALLEY AS A PREMIER PLACE TO DINE, SHOP, PLAY, AND STAY. OBJECTIVE 1.4.1: Complete a comprehensive analysis of the return on investment and benefits derived from the Town’s partnership with Visit Tucson and bring op?ons to Council regarding the Town’s tourism and aarac?on plans. in establishing the Town/Visit Tucson annual opera?ng agreement with updated performance indicators and deliverables. OBJECTIVE 1.4.2: Analyze Town-owned special event venues to increase their usage and make them easier for businesses and members of the public to use. and harness strategic partnerships. TOWN COUNCIL FOCUS AREA 2: CULTURE AND RECREATION 2 GOAL 2.1A: INVEST IN AND MAINTAIN OV RECREATIONAL ASSETS THAT PROVIDE OPPORTUNITIES FOR RESIDENTS TO CONNECT WITH EACH OTHER, NATURE AND THEIR COMMUNITY (I.E., AQUATIC CENTER, COMMUNITY CENTER, GOLF COURSES, AQUATIC CENTER, HISTORIC SITES, GOLF COURSES, PARKS, TRAILS, PARKS , ETC.). OBJECTIVE 2.1.1: Improve parking and ADA accessibility at the Community Center by paving dirt lot and installing ramp and elevator. OBJECTIVE 2.1.2: Evaluate the purpose and u?lity of the Community Center in order to generate op?ons for improvements., remodel and/or renova?on. OBJECTIVE 2.1.3: Complete Council direc?on regarding the Parks Bond ameni?es. OBJECTIVE 2.1.4: Begin phased implementa?on of the Implement the Vistoso Trails Nature Preserve Master Plan. OBJECTIVE 2.1.5: Work with Historical Society and appropriate stakeholders to consolidate Steam Pump Ranch plans (2008, 2015, 2020) into one comprehensive updated plan. Revisit and update the Steam Pump Ranch Master Plan. GOAL 2.2B: 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 NEIGHBORS AND NATURE. OBJECTIVE: Complete Greenock Trail acquisi?on. OBJECTIVE 2.2.1: Update the Create a Trails Plan (i.e., natural surfaces, paved surfaces, and multi-use paths, etc.) with an emphasis on access, connec?vity, maintenance, mapping, promo?ons, access and connec?vity, and signage., and promo?ons. OBJECTIVE 2.2.2: Pursue recogni?on, cer?fica?ons, and awards of the Town’s bike friendly network. OBJECTIVE 2.2.3: Create special events and programs to promote the Town’s current trail systems. GOAL 2.3C: INCREASE ORO VALLEY RESIDENTS’ INVOLVEMENT IN MULTI-GENERATIONAL RECREATION OPPORTUNITIES AND PROGRAMMING. OBJECTIVE 2.3.1: Plan for, promote, and Promote and engage the community for in Oro Valley’s 50th anniversary celebra?on throughout 2024. OBJECTIVE 2.3.2: Provide opportuni?es Implement Senior Taskforce recommenda?ons for non- tradi?onal ac?vi?es, such as lifelong learning and health educa?on. OBJECTIVE 2.3.3: Provide opportuni?es for arts, cultural projects, and performing arts. and ac?vi?es. 3 OBJECTIVE 2.3.4: Evaluate opportuni?es (i.e., discounts, reserva?on availability, etc.) that would benefit Oro Valley residents in recrea?onal ameni?es and ac?vi?es. TOWN COUNCIL FOCUS AREA 3: PUBLIC SAFETY GOAL 3.1A: SUPPORT STRENGTHEN STRATEGIES THAT CONTINUE KEEP ORO VALLEY ’S RANKING AS ONE OF THE SAFEST COMMUNITIES IN ARIZONA. OBJECTIVE 3.1.1: Deploy high visibility police resources in high crime and high traffic crash areas. OBJECTIVE 3.1.2: Con?nue to provide educa?on and awareness to the en?re community on the latest illicit drug trends to include the opioid/fentanyl epidemic. OBJECTIVE 3.1.3: Develop and iimplement strategies with partners to address mental health and other quality of life issues affec?ng our community. OBJECTIVE 3.1.4: Con?nue to improve traffic safety (i.e., bicycle, mul?-use path, pedestrian, vehicle, etc.) through educa?on, engineering, and enforcement. OBJECTIVE 3.1.5: Maintain risk assessment and preven?on and emergency response plans for community assets and the Town overall. OBJECTIVE 3.1.6: Strengthen the School Resource Officer program through resources and training to prepare for modern threats. GOAL 3.2B: INVEST IN THE HEALTH AND WELLNESS OF OVPD EMPLOYEES. OBJECTIVE 3.2.1: Focus on programs and educa?on related to physical health, mental health, nutri?on, and financial health. GOAL 3.3C: SUPPORT STRENGTHEN THE OV JUSTICE SYSTEM, INCLUDING COORDINATION BETWEEN THE OVPD, LEGAL SERVICES, AND THE TOWN COURT. OBJECTIVE 3.3.1: Evaluate the feasibility of improved Police and Court facili?es and develop a project proposal with op?ons. OBJECTIVE 3.3.2: Con?nue to focus on efficient and effec?ve criminal jus?ce processes to ensure prompt services are provided. TOWN COUNCIL FOCUS AREA 4: ROADS, WATER, AND TOWN ASSETS GOAL 4.1A: INVEST IN CURRENT AND FUTURE OV TRANSPORTATION NETWORKS AND QUALITY INFRASTRUCTURE (I.E., ROADS, BRIDGES, DIAL-A-RIDE, SUN SHUTTLE, ETC.). OBJECTIVE 4.1.1: Create a Transporta?on Infrastructure Plan that establishes sustainable construc?on, opera?on, level of service, and maintenance strategies. 4 OBJECTIVE 4.1.2: Evaluate the poten?al for future light rail plans. Participate in and support the Regional Transportation Authority’s (RTA) effort to facilitate voter reauthorization of RTA Next by ensuring Oro Valley’s long-term transportation needs are fairly represented. OBJECTIVE 4.1.3: Analyze the service and financial impacts of an RTA discontinuation scenario and provide alternative options in addressing transit service needs and future transportation infrastructure. GOAL 4.2B: DELIVER A SAFE, RELIABLE, AND SUSTAINABLE WATER SUPPLY THAT MEETS THE LONG-TERM NEEDS OF THE COMMUNITY. OBJECTIVE 4.2.1: Evaluate and develop strategies to reduceing the use of potable water in OV (i.e., golf courses, parks, and residen?al).. OBJECTIVE 4.2.2: Iden?fy and evaluate poten?al new water sources for the Town. OBJECTIVE 4.2.3: Begin phased construc?on of the Northwest WRecharge Recovery and Distribu?on System project. GOAL 4.3C: MAINTAIN AND IMPROVE THE COMMUNITY’S INFRASTRUCTURE BY ENSURING THE EFFECTIVE UTILIZATION OF TOWN AND REGIONAL RESOURCES. OBJECTIVE: Evaluate the need to establish a plan for a Town-wide Electric Vehicle Fleet. OBJECTIVE 4.3.1: Evaluate the cost/benefit analysis of all currently available pavement mill & replacement strategies, materials, and longevity vs cost. OBJECTIVE 4.3.2: Improve and eEvaluate opportuni?es for sustainable infrastructure (i.e., alterna?ve transporta?on, electric vehicles, alterna?ve transporta?on, natural ecosystems, etc.) that demonstrate financial viability. OBJECTIVE 4.3.3: Implement a public art maintenance plan. OBJECTIVE 4.3.4: Develop a comprehensive, organization-wide facility space plan that maximizes efficiencies and reflects the best use of Town properties for current and future needs. OBJECTIVE 4.3.5: Analyze and provide options for potential uses for the Rooney Ranch property. TOWN COUNCIL FOCUS AREA 5: LAND USE AND DESIGN GOAL 5.1A: MAINTAIN AND ENHANCE THE CHARACTER OF THE COMMUNITY REGARDING DEVELOPMENT, RECOGNIZING THE IMPORTANCE OF NATURAL AND OPEN SPACES. OBJECTIVE: Update the Annexa?on Strategy that includes revisi?ng the Tangerine/Thornydale Arizona State Land Department annexa?on and further efforts at the Ina/Oracle area. OBJECTIVE 5.1.1: Develop a Tree Master Plan to include 50 trees in 2024 as part Oro Valley’s 50th Anniversary Celebra?on. 5 OBJECTIVE 5.1.2: Advance and support the 2026 General Plan. OBJECTIVE 5.1.3: Analyze and update impact fees to ensure all Town services are included. TOWN COUNCIL FOCUS AREA 6: EFFECTIVE & EFFICIENT GOVERNMENT GOAL 6.1A: STRENGTHEN CONTINUE TO PRIORITIZE COMMUNITY ENGAGEMENT, WITH A FOCUS ON CLEAR AND ACCESSIBLE INFORMATION. OBJECTIVE 6.1.1: Work to ensure the Town’s digital plamorms provide meaningful online engagement opportuni?es and easy access to important informa?on. OBJECTIVE 6.1.2: 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 6.2B: FOSTER AND CULTIVATE THE TOWN’S CULTURE OF CONTINUOUS IMPROVEMENT TO ENHANCE CUSTOMER EXPERIENCE, IMPROVE ORGANIZATIONAL EFFICIENCY, AND INCREASE VALUE THROUGH INNOVATION. OBJECTIVE 6.2.1: Support, challenge and engage the employee at all levels. OBJECTIVE 6.2.2: Strengthen the Town’s con?nuous improvement acumen by developing Lean Six Sigma skills among Town employees. GOAL 6.3C: ATTRACT AND RETAIN SKILLED AND KNOWLEDGABLE EMPLOYEES. OBJECTIVE 6.3.1: Con?nue to eEvaluate and monitor the current Town Compensa?on Plan. OBJECTIVE 6.3.2: Establish a supervisory training program. OBJECTIVE 6.3.3: Foster and promote a safe and engaging culture. OBJECTIVE 6.3.4: Promote employee recogni?on. GOAL 6.4D: INVEST IN THE HEALTH AND WELLNESS OF TOWN EMPLOYEES. OBJECTIVE 6.4.1: Focus on programs and educa?on related to physical, mental, nutri?onal, and financial health. TOWN COUNCIL FOCUS AREA 7: FINANCIAL STABILITY AND SUSTAINABILITY GOAL 7.1A: SAFEGUARD THE TOWN’S FINANCIAL RESOURCES TO ENSURE HIGH SERVICE LEVELS ARE MET AND MAINTAINED FOR CURRENT AND FUTURE RESIDENTS. 6 OBJECTIVE 7.1.1: Priori?ze financial stability by evalua?ng current revenue sources and exploring new opportuni?es annually. OBJECTIVE 7.1.2: Evaluate current costs to control expenditures. OBJECTIVE 7.1.3: Update the Annexa?on Strategy that includes revisi?ng the Tangerine/Thornydale Arizona State Land Department annexa?on and further efforts at the Ina/Oracle area.    Town Council Regular Session 5. Meeting Date:04/19/2023   Requested by: Councilmember Solomon and Councilmember Greene  Submitted By:Mike Standish, Town Clerk's Office Department:Town Clerk's Office SUBJECT: DISCUSSION AND POSSIBLE ACTION REGARDING THE POTENTIAL EXPANSION OF THE TOWN'S SCHOOL RESOURCE OFFICER PROGRAM RECOMMENDATION: N/A EXECUTIVE SUMMARY: N/A BACKGROUND OR DETAILED INFORMATION: Councilmember Solomon and Councilmember Greene requested this agenda item. FISCAL IMPACT: N/A SUGGESTED MOTION: I MOVE to... Attachments Staff Presentation  School Resource Officers Chief of Police Kara Riley Mission of the Agency The Oro Valley Police Department is dedicated to courageous and selfless service in preventing crime, building trust, and enhancing quality of life in our community. Mission of the Schools Resource Officer Unit The Oro Valley School Resource Officer Unit’s mission is to provide a safe environment, have positive interactions and build partnerships with the school community as law enforcement officers, informal counselors and teachers. Priority One is an emergency response involving serious threat to life. Priority Two is an emergency response involving high potential threat to life or property. Response Times Priority One Response Time: 74% under 5 minutes 282 total calls with an average of 4:01 minutes Priority Two Response Time: 875 total calls with an average of 4:40 minutes Regional Response Prevention is not measurable Engaging the school community and administration Total Cost of an SRO SRO Expenses Average Officer $92,000 Vehicle $87,000 Equipment $28,000 Training $5,000 Total Cost $212,000 Questions?    Town Council Regular Session 6. Meeting Date:04/19/2023   Submitted By:Michelle Stine, Town Clerk's Office Department:Town Clerk's Office SUBJECT: *RESOLUTION NO. (R)23-17, DISCUSSION AND POSSIBLE ACTION TO APPOINT JEFF WILKINS AS THE ORO VALLEY TOWN MANAGER AND TO APPROVE AN EMPLOYMENT AGREEMENT, EFFECTIVE APRIL 19, 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 Resolution No. (R)23-17, appointing Jeff Wilkins as the Oro Valley Town Manager and Approving an Employment Agreement, Effective April 19, 2023. Attachments (R)23-17 Appointment of Town Manager  Exhibit A - Town Manager Employment Contract  RESOLUTION NO. (R)23-17 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, AUTHORIZING AND APPROVING AN EMPLOYMENT AGREEMENT FOR JEFF WILKINS FOR THE POSITION OF TOWN MANAGER; AND DIRECTING THE TOWN MANAGER, TOWN CLERK, TOWN LEGAL SERVICES DIRECTOR, OR THEIR DULY AUTHORIZED OFFICERS AND AGENTS TO TAKE ALL STEPS NECESSARY TO CARRY OUT THE PURPOSES AND INTENT OF THIS RESOLUTION WHEREAS, the Town of Oro Valley is a municipal corporation within the State of Arizona and is vested with all the rights, privileges and benefits and is entitled to the immunities and exemptions granted to municipalities and political subdivisions under the Constitution and laws of the State of Arizona and the United States; and WHEREAS, The Town of Oro Valley worked with consulting firm Ralph Andersen & Associates to recruit qualified candidates in order to fill the position of Town Manager; and WHEREAS, it is the desire of the Town to enter into an Employment Agreement with Jeff Wilkins for the position of Town Manager; and WHEREAS, it is in the best interest of the Town to enter into the Employment Agreement with Jeff Wilkins, attached hereto as Exhibit “A” and incorporated herein by this reference, in order to set forth the terms and conditions of the Employment Agreement. NOW, THEREFORE BE IT RESOLVED by the Mayor and Council of the Town o f Oro Valley, that: SECTION 1. The Employment Agreement between the Town of Oro Valley and Jeff Wilkins, attached hereto as Exhibit “A” and incorporated herein by this reference, is hereby authorized and approved. SECTION 2. The Mayor and other administrative officials are hereby authorized to take such steps as necessary to execute and implement the terms of the Employment 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. If any section, subsection, sentence, clause, phrase or portion of this Resolution 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. SECTION 5. All Oro Valley Resolutions, or Motions and parts of Resolutions or Motions of the Council in conflict with the provisions of this Resolution are hereby repealed. PASSED AND ADOPTED by the Mayor and Council of the Town of Oro Valley, Arizona, this 19th 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” EMPLOYMENT AGREEMENT THIS AGREEMENT is made, entered into this 19th day of April, 2023, between the Town of Oro Valley, a municipal corporation in Pima County, State of Arizona, ("Employer") and Jeff Wilkins, ("Employee"). WITNESSETH WHEREAS, Employer desires to engage the services of Employee as Town Manager of the Town of Oro Valley, as provided by Chapter 3, Article 3-2, Section 3-2-1 of the Oro Valley Town Code; and WHEREAS, Employer desires to provide certain economic benefits for the good of the Employee, while the Employee desires to provide the benefits of his leadership and expertise on behalf of the Employer; and WHEREAS, Employer desires to (1) secure and retain the services of Employee and to provide inducement for him to remain in such employment, (2) to act as a deterrent against malfeasance or dishonesty for personal gain on the part of Employee, (3) to provide a just means for terminating Employee’s services at such a time as he may be unable to fully charge his duties or when Employer may otherwise desire to terminate his employment, and (4) to provide a means for Employee to terminate his services; and WHEREAS, Employer and Employee want to memorialize the terms of their Agreement in a written document; NOW, THEREFORE, in consideration of mutual covenants herein contained, the parties agree as follows: Section 1. Duties Employer agrees to employ Employee and Employee agrees to accept employment as Town Manager for the Town of Oro Valley, to perform the functions and duties specified in State Law by the Town of Oro Valley Town Code, and to perform such other legally permissible and proper functions in a professional manner, as Employer shall from time-to-time assign. Section 2. Term A. The term of this Agreement shall be effective on the date of this Agreement and extend for a period of two (2) years from initial start date of Employee, which shall not be later than July 1, 2023. Employer and Employee agree to renew or revise this Agreement at least 90 days prior to the expiration date, unless and until this Agreement is terminated for any reasons stated in this document. If an agreement is not revised or renewed at least 90 days prior to the expiration date referred above, this failure of action will be considered notification of non-renewal. Jeff Wilkins Employment Agreement 2 | Page B. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the Employer to terminate the services of Employee at any time for cause defined as gross negligence or malfeasance in office, willful breach or habitual neglect of duties, or illegal activity or criminal misdemeanor (excluding criminal traffic) or felony conviction, occurring within or outside of Employee’s scope of employment. C. The Employee shall serve at the pleasure of the Town Council and this Agreement may be terminated without cause at any time during the term hereof by order of the Town Council, subject only to the provisions of Section 4 of this Agreement. D. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the Employee to resign at any time from this position, subject only to the provisions of Section 4 of this Agreement. Section 3. Suspension Employer may suspend the Employee with full pay and benefits at any time during the term of this Agreement. Termination of the Employee other than for cause shall be in accordance with Sections 2 and 4 of this Agreement. Section 4. Termination without Cause A. If Employee is terminated other than for cause, during such time that Employee is willing and able to perform the duties of Town Manager under this Agreement, then Employer agrees to pay Employee severance pay in the same manner as Employee's previous remuneration as provided in this section. 1. If Employee is terminated other than for cause, or if the Town Council fails to renew or revise this Agreement according to Section 2, Employee shall receive severance pay equal to six (6) months’ salary in a one-time payment, contingent upon Employee signing a written waiver as referenced in Section 5. 2. Further, Employee shall receive a one-time payment for such benefits, including deferred compensation, as he received during his employment with the Town for a period of time equal to the number of months of severance pay to which Employee is entitled per paragraph A.1 directly above. 3. If Employee receives severance pay pursuant to section 4(A)(l), Employee agrees to communicate and provide general transitional assistance to Town staff. B. If Employee voluntarily resigns his position with Employer, then Employee shall give Employer thirty (30) days' notice in advance unless the parties otherwise agree. Should Employee voluntarily resign his position, Employee is not entitled to the severance pay or benefits provisions of this section. Section 5. Removal or Resignation and Waiver of Damages If Employee receives severance pay pursuant to section 4 of this Agreement, or if Employee voluntarily resigns his position, Employee waives the right, and hereby covenants not to bring legal action against the Town or any of its officers or employees arising out of his employment with the Town of Oro Valley or his removal therefrom. However, nothing in this section shall result in a waiver of or nullify the Employer's obligation pursuant to Section 13 of this Agreement. Jeff Wilkins Employment Agreement 3 | Page Section 6. Performance Goals and Evaluation of Employee The Town Council and Employee shall from time to time define such goals and performance objectives necessary for the proper operation of the Town in accordance with the Town Council’s policy objectives and Town Code. The Town Council shall make reasonable efforts to formally evaluate Employee's performance annually within 30 days of anniversary date of Employee’s appointment as Town Manager, or as otherwise agreed upon by Employee and Employer. Section 7. Salary and Salary Adjustments Employer agrees to pay Employee for services rendered pursuant hereto a salary of Two Hundred Thousand Twelve Dollars and Eighty Cents ($200,012.80) annually, payable in installments at the same time and in the same manner as other salaried employees of the Employer. Additionally, as part of his compensation Employer shall make a deferred compensation payment into Employee’s 457 retirement savings account in an amount of Ten Thousand Twenty-Six Dollars and Twelve Cents ($10,026.12) per year (payable in equal installments each regular Town pay period). The Employee will be entitled to the same relative pay increase as other employees or the Employee may be adjusted upward at the sole direction of the Town Council upon satisfactory job performance. If an annual cost of living, compression, or competitive pay adjustment is approved for all employees of Employer, such adjustment will automatically apply to Employee’s salary at the same time and in the same manner as it would to other salaried employees of the Employer. Section 8. Hours of Work Employee shall devote full time to the business of Employer, and shall neither accept nor engage in outside activities, whether paid or unpaid, which would interfere with Employee's responsibilities to Employer without advanced approval of the Town Council and 30 days notification, unless waived by Town Council. Section 9. Benefits A. Signing Bonus. Employer shall pay to Employee a taxable signing bonus of $25,000.00. Employee is required to repay a prorated share of this signing bonus to the Town in the event that his employment with the Town is terminated for cause as defined in Section 2(B) or Employee voluntarily resigns during the initial two (2) year term of this agreement. For each full month of completed service, repayment of one twenty fourth (1/24) of the signing bonus is forgiven. B. Mileage Reimbursement. Employee shall endeavor to utilize Town motor pool vehicles whenever possible for Town-related travel. The Employer shall reimburse the Employee at the IRS standard mileage rate for any business use of the Employee’s personally owned vehicle when Town-owned vehicles are not available for the Employee’s use, or where the timing or location of such Town business necessitates employee using his own vehicle for personal business before or after, in which case such personal miles shall not be reimbursable. Normal travel from home to the workplace is not reimbursable. C. Vacation and Sick Leave. Employee shall accrue vacation at the rate of twenty-two (22) days per year. Employee may use forty (40) hours of annual leave greater than the amount accrued at the time of use to facilitate time off in the first year of employment. Sick leave Jeff Wilkins Employment Agreement 4 | Page shall accrue at the rate set forth in the personnel rules and procedures for Town employees in effect at the time of the accrual. Employer shall pay Employee for the full amount of annual leave accrued and unused by Employee up to the limit established by Town policy. Any federal or state income tax liability for this payment shall be the sole responsibility of Employee. D. Health, Dental, Life and Disability Insurance. Employer shall provide health, vision, dental, life and disability insurance coverage for the Employee and his family under the same terms as such benefits are provided to all other Town employees and directors. E. Retirement. Employer shall allow Employee to participate in the Arizona State Retirement System (ASRS) under the same terms and at the same co-contribution costs as are paid by Employer's other management employees and applicable ASRS rules and regulations. F. Miscellaneous Benefits Programs. Employer shall allow Employee to participate in other employee benefit programs under the same terms and conditions as are available to all other Town employees. G. Technology. Will be paid or provided pursuant to current Town policy to help defer the costs of technological use and requirements for Town purposes. Section 10. Bonding Employer shall bear the full cost of any job-related fidelity or other bonds required of Employee under any law, regulation, or ordinance. Section 11. Dues, Memberships and Subscriptions Employer shall budget for and pay reasonable costs for professional dues, memberships, and subscriptions of Employee, subject to Town Council budgeting approval and appropriate approved budget constraints. Section 12. Professional Development A. Subject to budgeting constraints Employer shall budget for and pay reasonable travel and subsistence expenses of Employee for professional and official travel, meetings and occasions necessary to continue the professional development of Employee and to allow Employee to adequately pursue necessary official and other functions for Employer, including but not limited to the International City/County Management Association (ICMA) and other such other national, regional, state and local governmental groups and committees thereof in which Employee and/or Employer participates or serves. B. Employer also agrees, subject to budgeting constraints, to budget for and pay reasonable travel and subsistence expenses of Employee for courses, institutes and seminars that are necessary for his professional development or professional certifications subject to the same rules and regulations of other Town employees and deemed to be for the good of the Employer. C. Employee agrees to be bound and abide by the ICMA code of Ethics. Section 13. Indemnification Employer shall defend, save harmless and indemnify Employee against any tort, professional liability claims or demand or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring within the scope and in the performance of Employee's duties as Jeff Wilkins Employment Agreement 5 | Page Town Manager. This indemnification shall not extend to any acts or omissions occurring outside of Employee's scope of employment or outside of the performance of Employee's duties as Town Manager. Section 14. Other Terms and Conditions of Employment A. Pursuant to Oro Valley Town Code, Section 3-2-1(B), Employee must become a resident of the Town of Oro Valley within six (6) months of the initial start date of Employee as Town Manager, which initial start date shall not be later than July 1, 2023. B. The Town Council, in consultation with the Employee, shall fix in writing any such other terms and conditions of employment as it may determine from time to time, relating to the performance of Employee, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this Agreement, the Oro Valley Town Code, State law, or any other law. C. All provisions of the Oro Valley Town Code, and regulations and policies of Employer relating to vacation and sick leave, retirement and pension system contributions, holidays and other fringe benefits and working conditions as they now exist or hereafter may be amended, shall apply to the Employee as they would to other management employees of the Employer, to the extent they are consistent with the terms of this Agreement. In the event of an inconsistency between the terms of this Agreement and any such regulation or policy, the terms of this Agreement shall control. Section 15. Notices Notices pursuant to this Agreement shall be in writing and given as follows: A. If to Employer: Town Clerk's Office Town of Oro Valley 11000 N. La Canada Drive Oro Valley, AZ 85737 B. If to Employee: Jeff Wilkins Town Manager’s Office Town of Oro Valley 11000 N. La Canada Drive Oro Valley, AZ 85737 Section 16. General Provisions A. This document constitutes the entire agreement between the parties. Any representations, statements, promises or understandings not contained herein shall be of no force, effect or validity. B. This Agreement shall be binding upon and inure to the benefits of the parties, and their respective heirs, successors and assigns. C. This Agreement shall be effective starting on April 19, 2023. Jeff Wilkins Employment Agreement 6 | Page D. If any provision or any portion thereof contained in this Agreement is held Unconstitutional, invalid or unenforceable, the remainder of this Agreement shall be deemed severable, shall not be affected and shall remain in full force and effect. E. Upon execution of this Agreement, any prior agreement between Employer and Employee shall be of no further force or effect and the relationship between Employer and Employee shall be governed by the terms of this Agreement. F. This agreement and performance under it and all suits and special proceedings relating to it be construed in accordance with and under and pursuant to the laws of the State of Arizona and any action, special proceeding, or other proceeding that may be brought arising out of, in connection with, or by reason of this agreement, the laws of the State of Arizona shall be applicable and shall govern to the exclusion of the law of any other forum. IN WITNESS WHEREOF, the Town of Oro Valley caused this Agreement to be signed and executed on its behalf by Mayor Joseph Winfield of the Town of Oro Valley, and duly attested by its Town Clerk, and Employee has signed and executed this Agreement, both in duplicate, the day and year first above written. TOWN OF ORO VALLEY Joseph C. Winfield Mayor ATTEST: Mike Standish Town Clerk (SEAL) _______________________________________ Jeff Wilkins Employee APPROVED AS TO FORM: Tobin Sidles Legal Services Director