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HomeMy WebLinkAboutPackets - Council Packets (1802)         AGENDA ORO VALLEY TOWN COUNCIL REGULAR AND STUDY SESSION MAY 3, 2023 ORO VALLEY COUNCIL CHAMBERS 11000 N. LA CAÑADA DRIVE The Town has modified its public comment procedures in the newly renovated town council chambers. For more details, please see the instructions for in person and/or virtual speakers at the end of the agenda. To watch and/or listen to the public meeting online, please visit https://www.orovalleyaz.gov/town/departments/town-clerk/meetings-and-agendas Executive Sessions – Upon a vote of the majority of the Town Council, the Council may enter into Executive Sessions pursuant to Arizona Revised Statutes §38-431.03 (A)(3) to obtain legal advice on matters listed on the Agenda.        REGULAR SESSION AT OR AFTER 6:00 PM   CALL TO ORDER   ROLL CALL   PLEDGE OF ALLEGIANCE   UPCOMING MEETING ANNOUNCEMENTS   MAYOR AND COUNCIL REPORTS ON CURRENT EVENTS   TOWN MANAGER'S REPORT ON CURRENT EVENTS   ORDER OF BUSINESS: MAYOR WILL REVIEW THE ORDER OF THE MEETING   INFORMATIONAL ITEMS   CALL TO AUDIENCE – At this time, any member of the public is allowed to address the Mayor and Town Council on any issue not listed on today’s agenda. Pursuant to the Arizona Open Meeting Law, individual Council Members may ask Town Staff to review the matter, ask that the matter be placed on a future agenda, or respond to criticism made by speakers. However, the Mayor and Council may not discuss or take legal action on matters raised during “Call to Audience.” In order to speak during “Call to Audience” please specify what you wish to discuss when completing the blue speaker card.     PRESENTATIONS   1.Presentation of graduating Youth Advisory Council (YAC) Members   2.Proclamation - Kids to Parks Day   CONSENT AGENDA  (Consideration and/or possible action)   A.Minutes - April 12, April 13, April 14 and April 19, 2023   B.Resolution No. (R)23-18, authorizing and approving a first amendment to the Intergovernmental Agreement (IGA) between the Town of Oro Valley and Santa Cruz County regarding payment for the incarceration of municipal prisoners   REGULAR AGENDA   1.DISCUSSION AND POSSIBLE ACTION REGARDING THE POTENTIAL EXPANSION OF THE TOWN'S SCHOOL RESOURCE OFFICER PROGRAM (Continued from 4/19)   FUTURE AGENDA ITEMS (The Council may bring forth general topics for future meeting agendas. Council may not discuss, deliberate or take any action on the topics presented pursuant to ARS 38-431.02H)   ADJOURNMENT OF THE REGULAR SESSION   STUDY SESSION   CALL TO ORDER   STUDY SESSION AGENDA   1.DISCUSSION REGARDING THE DEVELOPMENT OF A TOWN OF ORO VALLEY TRAFFIC STANDARDS PLAN   ADJOURNMENT The Mayor and Council may, at the discretion of the meeting chairperson, discuss any Agenda item.   POSTED: 4/26/23 at 5:00 p.m. by dt POSTED: 4/26/23 at 5:00 p.m. by dt When possible, a packet of agenda materials as listed above is available for public inspection at least 24 hours prior to the Council meeting in the office of the Town Clerk between the hours of 8:00 a.m. – 5:00 p.m. The Town of Oro Valley complies with the Americans with Disabilities Act (ADA). If any person with a disability needs any type of accommodation, please notify the Town Clerk’s Office at least five days prior to the Council meeting at 229-4700. PUBLIC COMMENT ON AGENDA ITEMS The Town has modified its public comment procedures for its public bodies to allow for limited remote/virtual comment via Zoom. The public may provide comments remotely only on items posted as required Public Hearings, provided the speaker registers 24 hours prior to the meeting. For all other items, the public may complete a blue speaker card to be recognized in person by the Mayor, according to all other rules and procedures. Written comments can also be emailed to Town Clerk Michael Standish at mstandish@orovalleyaz.gov for distribution to the Town Council prior to the meeting. Further instructions to speakers are noted below. INSTRUCTIONS TO IN-PERSON SPEAKERS Members of the public shall be allowed to speak on posted public hearings and during Call to Audience when attending the meeting in person. The public may be allowed to speak on other posted items on the agenda at the discretion of the Mayor. If you wish to address the Town Council on any item(s) on this agenda, please complete a blue speaker card located on the Agenda table at the back of the room and give it to the Town Clerk. Please indicate on the blue speaker card which item number and topic you wish to speak on, or, if you wish to speak during Call to Audience, please specify what you wish to discuss. Please step forward to the podium when the Mayor calls on you to address the Council. 1. For the record, please state your name and whether or not you are a Town resident. 2. Speak only on the issue currently being discussed by Council. You will only be allowed to address the Council one time regarding the topic being discussed. 3. Please limit your comments to 3 minutes. 4. During Call to Audience, you may address the Council on any matter that is not on the agenda. 5. Any member of the public speaking must speak in a courteous and respectful manner to those present. INSTRUCTIONS TO VIRTUAL SPEAKERS FOR PUBLIC HEARINGS Members of the public may attend the meeting virtually and request to speak virtually on any agenda item that is listed as a Public Hearing. If you wish to address the Town Council virtually during any listed Public Hearing, please complete the online speaker form by clicking here https://forms.orovalleyaz.gov/forms/bluecard at least 24 hours prior to the start of the meeting. You must provide a valid email address in order to register. Town Staff will email you a link to the Zoom meeting the day of the meeting. After being recognized by the Mayor, staff will unmute your microphone access and you will have 3 minutes to address the Council. Further instructions regarding remote participation will be included in the email. Thank you for your cooperation.    Town Council Regular Session 1. Meeting Date:05/03/2023   Presentation - Graduating Youth Advisory Council (YAC) Members Subject Presentation of graduating Youth Advisory Council (YAC) Members Summary Attachments No file(s) attached.    Town Council Regular Session 2. Meeting Date:05/03/2023   Proclamation - Kids to Parks Day Subject Proclamation - Kids to Parks Day Summary Attachments Proclamation     Town Council Regular Session A. Meeting Date:05/03/2023   Requested by: Mike Standish Submitted By:Michelle Stine, Town Clerk's Office Department:Town Clerk's Office SUBJECT: Minutes - April 12, April 13, April 14 and 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 (approve with the following changes) April 12, April 13 and April 19, 2023 minutes.  Attachments 4-12-23 Draft Minutes  4-13-23 Draft Minutes  4-14-23 Draft Minutes  4-19-23 Draft Minutes  D R A F T   MINUTES ORO VALLEY TOWN COUNCIL SPECIAL SESSION APRIL 12, 2023 ORO VALLEY COUNCIL CHAMBERS 11000 N. LA CAÑADA DRIVE            Executive Sessions - Upon a vote of the majority of the Town Council, the Council may enter into Executive Sessions pursuant to Arizona Revised Statutes 38-431.03 (A)(3) to obtain legal advice on matters listed on the Agenda.   SPECIAL SESSION AT OR AFTER 5:00 PM   CALL TO ORDER    Mayor Winfield called the meeting to order at 5:03 p.m.   ROLL CALL Present: Joseph C. Winfield, Mayor Melanie Barrett, Vice-Mayor Tim Bohen, Councilmember Harry Greene, Councilmember Joyce Jones-Ivey, Councilmember Steve Solomon, Councilmember Absent:Josh Nicolson, Councilmember SPECIAL SESSION AGENDA   1.INTRODUCTORY PRESENTATIONS BY TOWN MANAGER CANDIDATE FINALISTS JEFF WILKINS AND LARRY DORR    Town Manager Candidate Finalist, Larry Dorr, provided a brief introductory presentation and included the following: Larry Dorr - My Background What to Expect From Me Town Manager Candidate Finalist, Jeff Wilkins, provided a brief introductory presentation and included the following: Background and Experience Oro Valley - Community of Choice Oro Valley - Opportunities 4/12/23 Minutes, Town Council Special Session 1 Servant Leadership Approach   ADJOURNMENT    Motion by Mayor Joseph C. Winfield, seconded by Councilmember Steve Solomon to adjourn the special session at 5:27 p.m.  Vote: 6 - 0 Carried     _________________________________________ Michelle Stine, MMC Deputy Town Clerk I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the special session of the Town of Oro Valley Council of Oro Valley, Arizona held on the 12th 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 4/12/23 Minutes, Town Council Special Session 2 D R A F T   MINUTES ORO VALLEY TOWN COUNCIL SPECIAL SESSION APRIL 13, 2023 ORO VALLEY COUNCIL CHAMBERS 11000 N. LA CAÑADA DRIVE            Executive Sessions - Upon a vote of the majority of the Town Council, the Council may enter into Executive Sessions pursuant to Arizona Revised Statutes 38-431.03 (A)(3) to obtain legal advice on matters listed on the Agenda.   SPECIAL SESSION AT OR AFTER 3:00 PM   CALL TO ORDER    Mayor Winfield called the meeting to order at 3:04 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 - 1. Pursuant to ARS 38-431.03(A)(1) for personnel matters to interview Town Manager finalists Jeff Wilkins and Larry Dorr 2. Pursuant to ARS 38-431.03(A)(3) and (A)(4) to discuss Town Manager employment contract parameters    Motion by Mayor Joseph C. Winfield, seconded by Councilmember Harry Greene to go into Executive Session at 3:05 p.m., Pursuant to ARS 38-431.03(A)(1) for personnel matters to interview Town Manager finalists Jeff Wilkins and Larry Dorr and pursuant to ARS 38-431.03(A)(3) and (A)(4) to discuss Town Manager employment contract parameters  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, Human Resources Director Andy Votava, Town Clerk Mike Standish and/or Deputy Town Clerk Michelle Stine.   4/13/23 Minutes, Oro Valley Town Council Special Session 1          RESUME SPECIAL SESSION    Mayor Winfield resumed the Special Session at 7:47 p.m.    Motion by Mayor Joseph C. Winfield, seconded by Councilmember Harry Greene to return to Executive Session at 7:48 p.m., with Oro Valley Police Officers Kristopher Knapp and Jeff Douglas joining Council in Executive Session, along with Search Consultant from Ralph Andersen & Associates Heather Renschler, Town Attorney Jonathan Rothschild, Human Resources Director Andy Votava,Town Clerk Mike Standish and/or Deputy Town Clerk Michelle Stine.  Vote: 7 - 0 Carried    Mayor Winfield resumed the Special Session at 9:43 p.m.   SPECIAL SESSION AGENDA   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.   2.DISCUSSION AND POSSIBLE ACTION TO CANCEL THE APRIL 14, 2023 TOWN COUNCIL SPECIAL SESSION    Motion by Mayor Joseph C. Winfield, seconded by Councilmember Harry Greene to convene the April 14, 2023 Town Council Special Session at 9:00 a.m.  Vote: 7 - 0 Carried   ADJOURNMENT    Motion by Mayor Joseph C. Winfield, seconded by Councilmember Steve Solomon to adjourn the meeting at 9:44 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 13th 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 4/13/23 Minutes, Oro Valley Town Council Special Session 2 4/13/23 Minutes, Oro Valley Town Council Special Session 3 D R A F T   MINUTES ORO VALLEY TOWN COUNCIL SPECIAL SESSION APRIL 14, 2023 ORO VALLEY COUNCIL CHAMBERS 11000 N. LA CAÑADA DRIVE            Executive Sessions - Upon a vote of the majority of the Town Council, the Council may enter into Executive Sessions pursuant to Arizona Revised Statutes 38-431.03 (A)(3) to obtain legal advice on matters listed on the Agenda.   SPECIAL SESSION AT OR AFTER 8:30 AM   CALL TO ORDER    Mayor Winfield called the meeting to order at 9:00 a.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 - 1. Pursuant to ARS 38-431.03(A)(1) for personnel matters to interview Town Manager finalists Jeff Wilkins and Larry Dorr 2. Pursuant to ARS 38-431.03(A)(3) and (A)(4) to discuss Town Manager employment contract parameters    Motion by Mayor Joseph C. Winfield, seconded by Councilmember Harry Greene to go into Executive Session at 9:02 a.m., pursuant to ARS 38-431.03(A)(1) for personnel matters to interview Town Manager finalists Jeff Wilkins and Larry Dorr and pursuant to ARS 38-431.03(A)(3) and (A)(4) to discuss Town Manager employment contract parameters    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, Human Resources Director Andy Votava, Town Clerk Mike Standish and/or Deputy Town Clerk Michelle Stine. Discussion ensued amongst Council and staff.    Motion by Mayor Joseph C. Winfield, seconded by Councilmember Harry Greene to go into Executive 4/14/23 Minutes, Town Council Special Session 1  Motion by Mayor Joseph C. Winfield, seconded by Councilmember Harry Greene to go into Executive Session at 9:02 a.m., pursuant to ARS 38-431.03(A)(1) for personnel matters to interview Town Manager finalists Jeff Wilkins and Larry Dorr and pursuant to ARS 38-431.03(A)(3) and (A)(4) to discuss Town Manager employment contract parameters  Vote: 7 - 0 Carried    Councilmember Greene left the meeting at 10:49 a.m.   RESUME SPECIAL SESSION    Mayor Winfield resumed the Special Session at 10:50 a.m.   SPECIAL SESSION AGENDA   1.APPROVAL OF ANY DIRECTION TO THE TOWN ATTORNEY, CONSULTANT, AND/OR NECESSARY STAFF AS DISCUSSED IN EXECUTIVE SESSION PERTAINING TO THE TOWN MANAGER SEARCH    Motion by Vice-Mayor Melanie Barrett, seconded by Councilmember Josh Nicolson to proceed as directed in Executive Session.  Vote: 6 - 0 Carried   ADJOURNMENT    Motion by Mayor Joseph C. Winfield, seconded by Councilmember Joyce Jones-Ivey to adjourn the Special Session at 10:51 a.m.  Vote: 6 - 0 Carried     ______________________________ Michelle Stine, MMC Deputy Town Clerk I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the special session of the Town of Oro Valley Council of Oro Valley, Arizona held on the 14th 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 4/14/23 Minutes, Town Council Special Session 2 D R A F T   MINUTES ORO VALLEY TOWN COUNCIL REGULAR SESSION APRIL 19, 2023 ORO VALLEY COUNCIL CHAMBERS 11000 N. LA CAÑADA DRIVE            REGULAR SESSION AT OR AFTER 5:00 PM   CALL TO ORDER    Mayor Winfield called the meeting to order at 5:07 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)(3) and (A)(4) regarding Joplin v. Town of Oro Valley    Motion by Mayor Joseph C. Winfield, seconded by Councilmember Harry Greene to go into Executive Session at 5:08 p.m., pursuant to ARS 38-431.03(A)(3) and (A)(4) regarding Joplin v. Town of Oro Valley.  Vote: 7 - 0 Carried    Mayor Winfield announced that the following staff would be joining Council in Executive Session; Interim Town Manager Chris Cornelison, Town Attorney Jonathan Rothschild, Legal Services Director Tobin Sidles, Attorney from Humphrey and Peterson, P.C., representing the Municipal Risk Pool and Town Clerk Mike Standish.   RESUME REGULAR SESSION AT OR AFTER 6:00 PM   CALL TO ORDER    Mayor Winfield resumed the Regular Session at 6:00 p.m.   ROLL CALL 4/19/23 Minutes, Town Council Regular Session 1 ROLL CALL    Present: Joseph C. Winfield, Mayor Melanie Barrett, Vice-Mayor Tim Bohen, Councilmember Harry Greene, Councilmember Joyce Jones-Ivey, Councilmember Josh Nicolson, Councilmember Steve Solomon, Councilmember   1.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    Motion by Vice-Mayor Melanie Barrett, seconded by Councilmember Steve Solomon to proceed as directed in Executive Session.  Vote: 6 - 1 Carried  OPPOSED: Councilmember Tim Bohen   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 Joyce Jones-Ivey recognized Tanish Doshi, a Sophomore at Basis Oro Valley High School, for his academic excellence and community support. Councilmember Greene reported that the National Veterans of Foreign Wars (VFW), had authorized a VFW post to be located in Oro Valley. Councilmember Jones-Ivey reported that Canyon Del Oro's Project Graduation was still in need of volunteers. She encouraged citizens to sign up at www.cdoprojectgraduation.com. Councilmember Bohen reported that he had attended the Celebrate Oro Valley event held on April 8th. Councilmember Bohen thanked the Parks and Recreation staff who had volunteered to work the event. Councilmember Bohen reported that the garage at Steam Pump Ranch had been completed and was thankful that the garage would provide shade for constituents and staff. Mayor Winfield reported that he had attended a ribbon cutting for the State Route 77 Wildlife Gate and Fence project on April 19, 2023. Mayor Winfield thanked the Oro Valley Public Works Director and Town Engineer, Paul Keesler, for his role in completing the project.   TOWN MANAGER'S REPORT ON CURRENT EVENTS 4/19/23 Minutes, Town Council Regular Session 2    Interim Town Manager, Chris Cornelison, reported that the concrete had been poured for the Community Center pathway, and that the town had received 50% designs for the elevator at the Community Center. Mr. Cornelison also reported that town staff would celebrate Earth Day on Friday, April 21, 2023, with the removal of invasive species at Vistoso Trails Nature Preserve.   ORDER OF BUSINESS    Mayor Winfield reorganized the agenda by moving Regular Agenda item #6 to the second item, with Regular Agenda item #2 to follow.The remaining agenda items would remain as posted.   INFORMATIONAL ITEMS    There were no Informational Items.   CALL TO AUDIENCE    Oro Valley resident Dr. Diane Stephenson voiced her concerns regarding safety issues along Naranja Drive. Curt Riesberg voiced his concerns regarding the street lights along Rancho Vistoso Boulevard. Oro Valley resident Elizabeth Lance voiced her concerns regarding safety issues along Naranja Drive. Oro Valley resident Joe Pickens voiced his concerns regarding safety issues along Naranja Drive.   PRESENTATIONS    There were no presentations.   CONSENT AGENDA    Councilmember Bohen requested that Consent item (A) be removed from the Consent Agenda for discussion. Councilmember Bohen and Councilmember Solomon requested that Consent item (D) be removed from the Consent Agenda for discussion.   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       Motion by Mayor Joseph C. Winfield, seconded by Councilmember Steve Solomon to approve 4/19/23 Minutes, Town Council Regular Session 3  Motion by Mayor Joseph C. Winfield, seconded by Councilmember Steve Solomon to approve Consent Items (B) and (C).  Vote: 7 - 0 Carried   A.Minutes - March 29, March 30 and April 5, 2023       Councilmember Bohen stated that he was able to get his question answered by staff prior to the meeting.    Motion by Councilmember Tim Bohen, seconded by Mayor Joseph C. Winfield to approve Consent item (A).  Vote: 7 - 0 Carried   D.Resolution No. (R)23-09, adopting proposed amendments to the Parliamentary Rules & Procedures and Code of Conduct       Councilmember Solomon requested clarification on page 14, paragraph three of the Parliamentary Rules and Procedures. Discussion ensued amongst Council and staff. Mayor Winfield suggested that the language in question on page 14 be changed to: If a member denies having said anything improper, the words recorded can be read to the member and, if necessary, the assembly can decide by vote whether the member was heard to say it. Discussion continued amongst Council and staff.    Motion by Mayor Joseph C. Winfield, seconded by Councilmember Tim Bohen to approve Consent item D. Vice Mayor Barrett requested an amendment to the main motion to include the following language: If a member denies having said anything improper, the words recorded can be read to the member and, if necessary, the assembly can decide by vote whether the member was heard to say it. Mayor Winfield accepted the amendment to the main motion, seconded by Councilmember Bohen.    Motion by Mayor Joseph C. Winfield, seconded by Councilmember Tim Bohen FINAL MOTION AS AMENDED: to approve Consent item D, and amending the language on page 14, paragraph three of the Parliamentary Rules and Procedures, to read: If a member denies having said anything improper, the words recorded can be read to the member and, if necessary, the assembly can decide by vote whether the member was heard to say it.  Vote: 7 - 0 Carried   REGULAR AGENDA   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      4/19/23 Minutes, Town Council Regular Session 4  Motion by Councilmember Steve Solomon, seconded by Councilmember Tim Bohen to appoint Jeff Wilkins as the Oro Valley Town Manager and to approve an Employment Agreement, Effective April 19, 2023.    Discussion ensued amongst Coucil and staff regarding item #6.    Vice Mayor Barrett requested an amendment to include the approval of Resolution No. (R)23-17 in the main motion. Councilmember Solomon accepted the amendment, seconded by Councilmember Nicolson.    Motion by Councilmember Steve Solomon, seconded by Councilmember Tim Bohen FINAL MOTION AS AMENDED: To approve Resolution No. (R)23-17, appointing Jeff Wilkins as the Oro Valley Town Manager and to approve an Employment Agreement, Effective April 19, 2023.  Vote: 7 - 0 Carried   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       Principal Planner Michael Spaeth presented item #2 and included the following: Purpose Location Map Applicant's Request Background and History Conditional Use Permit Planning and Zoning Commission Summary and Recommendation Bret Flory of Cross Architects, and representing the applicant, provided a brief overview of the proposed project and included the following: Section 22.5 CUP Review Criteria Mayor Winfield opened the public hearing. The following individual spoke regarding item #2. Oro Valley resident Paul Loomis Mayor Winfield closed the public hearing. Caliber Regional Manager, Andrew Jones, was available for questions regarding item #2. Discussion ensued amongst Council, staff, Mr. Flory and Mr. Jones regarding item #2.    Motion by Vice-Mayor Melanie Barrett, seconded by Councilmember Harry Greene 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. Attachment 1 - Conditions of Approval All vehicles awaiting repair must be stored within the screened-in storage yard as depicted in the1. 4/19/23 Minutes, Town Council Regular Session 5 All vehicles awaiting repair must be stored within the screened-in storage yard as depicted in the associated CUP site plan. 1. 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. 2. 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. 3. Enhanced landscaping shall be provided as shown on the approved Landscape Plan (2202770), specifically along the north buffer-yard to fill existing gaps and provide a continuous tree canopy. 4. 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)] 5. Mayor Winfield requested an amendment to include that best efforts are made to approach the nearby property owner about having a shared wall. Vice Mayor Barrett accepted the amendment, seconded by Councilmember Greene. Discussion continued amongst Council and staff regarding item #2.    Motion by Vice-Mayor Melanie Barrett, seconded by Councilmember Harry Greene FINAL MOTION AS AMENDED: 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 and subject to the condition that best efforts are made to approach the nearby property owner about having a shared wall. Attachment 1 - Conditions of Approval All vehicles awaiting repair must be stored within the screened-in storage yard as depicted in the associated CUP site plan. 1. 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. 2. 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. 3. Enhanced landscaping shall be provided as shown on the approved Landscape Plan (2202770), specifically along the north buffer-yard to fill existing gaps and provide a continuous tree canopy. 4. 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)] 5.  Vote: 7 - 0 Carried   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       Oro Valley Principal Planner Michael Spaeth presented item #3 and included the following: Purpose Location Map Applicant's Proposal Background and History Conditional Use Permit Item A: Conditional Use Permit Item B: Development/Landscape Plans Item C: Architecture 4/19/23 Minutes, Town Council Regular Session 6 Planning and Zoning Commission action Summary and Recommendation Mr. Paul Oland of Paradigm Land Design, and Daniel Hinojosa of Johnson Development Associates, Inc., provided a brief overview of the team and the proposed project, and included the following: JDA: Part of the Johnson Group Operating Facilities: Self-Storage JDA Projects - Class A, Climate-Controlled, Self-Storage Mr. Oland continued the presentation. Mr. Dale Couture, with Ware Malcomb, provided 3D models for the proposed design. Mr. Oland continued the presentation and included the following: Approval Criteria Mayor Winfield opened the public hearing. The following individual spoke in opposition to item #3. Oro Valley resident Paul Loomis The following individual spoke in support of item #3. Oro Valley resident Paula Donley Mayor Winfield closed the public hearing. Discussion ensued amongst Council, staff, Mr. Oland and Mr. Hinojosa regarding item #3.    Motion by Vice-Mayor Melanie Barrett, seconded by Mayor Joseph C. Winfield to deny the Conditional Use Permit for the proposed self-storage use, based on finding that it is incompatible with surrounding properties and that it is not consistent with the goals and policies of the General Plan. Discussion continued amongst Council, staff and Mr. Oland regarding item #3.    Motion by Vice-Mayor Melanie Barrett, seconded by Mayor Joseph C. Winfield to deny the Conditional Use Permit for the proposed self-storage use, based on finding that it is incompatible with surrounding properties and that it is not consistent with the goals and policies of the General Plan.  Vote: 5 - 2 Carried  OPPOSED: Councilmember Harry Greene  Councilmember Steve Solomon    Mayor Winfield recessed the meeting at 8:22 p.m. Mayor Winfield reconvened the meeting at 8:33 p.m.   4.RESOLUTION NO. (R)23-16, DISCUSSION AND POSSIBLE ACTION TO ADOPT THE FY 23/24 - FY 24/25 STRATEGIC PLAN      4/19/23 Minutes, Town Council Regular Session 7  Chief Information Officer, Chuck Boyer, provided a brief overview of item #4. Discussion ensued amongst Council and staff regarding item #4.    Motion by Mayor Joseph C. Winfield, seconded by Councilmember Harry Greene to approve Resolution No. (R)23-16, adopting and approving the FY 2023/24 - FY 2024/25 Town Council Strategic Plan, including the edit received from Council regarding 4.3.3, for town owned public art.  Vote: 6 - 1 Carried  OPPOSED: Councilmember Tim Bohen   5.DISCUSSION AND POSSIBLE ACTION REGARDING THE POTENTIAL EXPANSION OF THE TOWN'S SCHOOL RESOURCE OFFICER PROGRAM       Motion by Councilmember Steve Solomon, seconded by Councilmember Harry Greene that Oro Valley adopt the following policy: Every school in Oro Valley with an enrollment of 200 or more students, shall have a School Resource Officer or other alternate security approved by the Oro Valley Police Chief. Oro Valley shall request a 50% reimbursement from each school for the cost of the Oro Valley provided School Resource Officers.    Discussion ensued amongst Council and staff regarding item #5. Oro Valley Police Chief provided a brief presentation and included the following: Mission of the Agency Mission of the School Resource Officer Unit Response Times Regional Response Total Cost of a School Resource Officer Discussion continued amongst Council and staff regarding item #5.    Motion by Councilmember Steve Solomon, seconded by Mayor Joseph C. Winfield to continue the item to the May 3, 2023 Regular Council meeting.  Vote: 7 - 0 Carried   FUTURE AGENDA ITEMS    Councilmember Bohen requested an upcoming study session agenda item to explore the greatly increasing costs of asphalt and other road materials in the local market. No second was received.   ADJOURNMENT    Motion by Mayor Joseph C. Winfield, seconded by Councilmember Harry Greene to adjourn the meeting at 9:16 p.m.  Vote: 7 - 0 Carried     _____________________________________ 4/19/23 Minutes, Town Council Regular Session 8 _____________________________________ 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 session of the Town of Oro Valley Council of Oro Valley, Arizona held on the 19th 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 4/19/23 Minutes, Town Council Regular Session 9    Town Council Regular Session B. Meeting Date:05/03/2023   Requested by: James Hazel Submitted By:Anizza Alvarez, Magistrate Court Department:Magistrate Court SUBJECT: Resolution No. (R)23-18, authorizing and approving a first amendment to the Intergovernmental Agreement (IGA) between the Town of Oro Valley and Santa Cruz County regarding payment for the incarceration of municipal prisoners RECOMMENDATION: Staff recommends approval.  EXECUTIVE SUMMARY: The Intergovernmental Agreement (IGA) with Santa Cruz County permits the Town to house Oro Valley municipal prisoners in the Santa Cruz County jail. Payment for incarceration of municipal prisoners in county jails is necessary because of a state law passed in 1989 mandating that cities and towns pay for this service. The IGA entered between the Town of Oro Valley and Santa Cruz County on July 21, 2022 is being amended to reflect a price increase for detention services from $65.00 per day to $78.18 per day.  While this is a 20% increase in cost, it is still significantly less than utilizing Pima County Jail, as the cost for detention services is $546.63 for the first day and $123.90 per day thereafter.     BACKGROUND OR DETAILED INFORMATION: N/A FISCAL IMPACT: Utilizing Santa Cruz County Jail provides cost savings to the town as it costs 85% less than Pima County Jail.  SUGGESTED MOTION: I MOVE to (Approve or Deny) Resolution No. (R)23-18, authorizing and approving a first amendment to the Intergovernmental Agreement between the Town of Oro Valley and Santa Cruz County regarding payment for the incarceration of municipal prisoners. Attachments (R)23-18, Resolution Santa Cruz Inmate Housing  IGA - Santa Cruz Inmate Housing  1st Amendment to Santa Cruz Inmate Housing  RESOLUTION NO. (R) 23-18 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, AUTHORIZING AND APPROVING A FIRST AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF ORO VALLEY AND SANTA CRUZ COUNTY FOR PAYMENT FOR THE INCARCERATION OF MUNICIPAL PRISONERS; 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, pursuant to A.R.S. § 11-952, the Town of Oro Valley is authorized to enter into or renew agreements for joint and cooperative action with other public agencies; and WHEREAS, the Town of Oro Valley is authorized to establish and maintain the Oro Valley Police Department, pursuant to A.R.S. § 9-240(B)(12); and WHEREAS, pursuant to A.R.S. § 31-121(D), an individual may be incarcerated in a county jail and the costs of incarceration shall be paid by the municipality having established the municipal court in which the charges have been filed; and WHEREAS, On July 21, 2022, the Town of Oro Valley entered an Intergovernmental Agreement with Santa Cruz County to pay Santa Cruz County to receive and detain all municipal prisoners who are medically fit to be incarcerated in the detention facilities maintained and operated by Santa Cruz County; and WHEREAS, the Town and Santa Cruz County desire to amend the Intergovernmental Agreement to increase the amount that the Town of Oro Valley pays for detentions services from $65.00 per Inmate per day to $78.18 per Inmate per day; and WHEREAS, it is in the best interest of the Town to authorize and approve the First Amendment to the Intergovernmental Agreement, attached hereto as “Exhibit “A” and incorporated herein by this reference, in order to set forth the terms and conditions relating to the incarceration of municipal prisoners in the detention facilities maintained and operated by Santa Cruz County. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Oro Valley, Arizona, that SECTION 1. the First Amendment to the Intergovernmental Agreement attached hereto as “Exhibit “A”, between the Town of Oro Valley and Santa Cruz County for the incarceration of municipal prisoners is hereby authorized and approved. 2 SECTION 2. the Mayor and any other administrative officials of the Town of Oro Valley are hereby authorized to take such steps as are necessary to execute and implement the terms of the First Amendment to the Intergovernmental Agreement. SECTION 3. The Town Manager, Town Clerk, Town Legal Services Director, or their duly authorized officers and agents are hereby authorized and directed to take all steps necessary to carry out the purposes and intent of this resolution. SECTION 4. All Oro Valley resolutions or motions and parts of resolutions or motions of the Council in conflict with the provision of this Resolution are hereby repealed. SECTION 5. If any section, subsection, sentence, clause, phrase or portion of this Resolution or the First Amendment to the Intergovernmental 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 Council of the Town of Oro Valley, Arizona, this 3rd day of May, 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: 3 EXHIBIT “A” Santa Cruz Adult Detention Facility Inmate Housing Intergovernmental Agreement Town of Oro Valley This Intergovernmental Agreement is made this --1..1&_ day of July , 2022 between the Town of Oro Valley, Arizona on behalf of the Oro Valley Municipal Court and David Hathaway, Sheriff of Santa Cruz County, Arizona. SECTION 1 -DEFINITIONS 1.1. General Definitions 1. 1. 1. "Oro Valley" means the Town of Oro Valley, Arizona, and "Town of Oro Valley Municipal Court", "Municipal Court", or "Court" means the Oro Valley Municipal Court. 1.1.2. "Contractor" means David Hathaway in his official capacity as Sheriff of Santa Cruz County, Arizona, and as the Santa Cruz County Officer charged with the responsibility to take charge of and keep the Santa Cruz County Adult Detention Facility ("SCCADF"), or "Santa Cruz County Jail" located in Nogales, Arizona and the prisoners within the SCCADF. 1.1.3. "Defendant" means an Adult convicted under the authority of the Town of Oro Valley Municipal Court but who has not been accepted into the SCCADF. 1.1.4. "Accepted Defendant" means an Adult convicted under authority of the Court who has been accepted into the SCCADF. 1.1.5. "Inmate" means any person incarcerated within the Santa Cruz County Adult Detention Facility; this includes an Accepted Defendant. 1.1.6. "Town of Oro Valley Municipal Court jurisdiction" means only those Defendants who have been convicted of a misdemeanor offense and subjected to the sentences imposed by the Court as defined in Arizona Revised Statutes Title 13 and Title 22. 1.1. 7. "Adult" means any person who has attained the age of 18. 1.1.8. "American Correctional Association (ACA)" means American Correctional Association (ACA) Performance Based Standards on Adult Detention Facilities, 4th Edition, and/or National Institute for Jail Operations (NIJO) which is used as a measurement to guide all aspects of the facility operations to include: safety, security, care, programs and services, justice and order, administration, and plant management, facility policy and best practices in Adult Detention 1 2.3.1. The Contractor shall administer and manage the SCCADF in a professional and responsible manner, consistent with legal requirements. 2.3.2. The Contractor shall make available any inspection, evaluation or monitoring reports to Court staff or representatives. These inspections will include third-party inspections related to the SCCADF operations. Some of these inspections include but are not limited to: health, sanitation, fire safety, fire equipment, environmental, plant management inspections, state inspection results and or other program review results. 2.4. Quality Assurance 2.4.1. Town of Oro Valley Municipal Court or designee reserves the right to visit or inspect the SCCADF at any time via any method to ensure adequate services are being provided. 2.5. Standards Compliance 2.5.1. Contractor shall comply with the local Environmental Health and Safety Standards. 2.5.2. Contractor shall comply with Occupational Safety and Health Act (OSHA) of 1970. 2.5.3 Contractor shall ensure conformance with ACA/NIJO Performance Based Standards on Adult Detention Facilities, 4th Edition. These standards will guide all aspects of the SCCADF operations to include: safety, security, care, programs and services, justice and order, administration, and plant management. 2.5.4 The Contractor shall ensure compliance with Prison Rape Elimination Act of 2003 and accompanying standards, along with applicable local, county, city, state or federal standards. 2.6. Cost for services 2.6.1. The cost for detention services shall be $65.00 per Inmate per day. For the purposes of this contract, a day means any portion of a day, to include the day of admission and day of departure. 2.6.2. If an Inmate is admitted to an emergency medical facility, the Court has the option to release the Inmate upon admission. If the Court does not release the Inmate, the Court shall cover all costs associated with admission to the hospital, which includes transportation and overtime for security. 2. 7.Contact Information 2. 7 .1 Contractor: Sheriff David HathawaySanta Cruz County Sheriffs Office 2170 N. Congress Drive Nogales, Arizona 85621 dhathaway@santacruzcountyaz.gov 3 (520)761-78692.7.2 Oro Valley: Stefan Martinez Court Security Coordinator Oro Valley Magistrate Court smartinez@orovalleyaz.gov (520)336-71402.8. Period of Performance The period of performance shall begin July 21, 2022 , and end upon termination by either party,. but in any event not later than five years from the date the period of performance begins. Section 3 -SPECIFIC TASKS 3.1 The Contractor will accept at the SCCADF male and female Defendants who have been convicted of misdemeanor violations of the Arizona Revised Statutes and Oro Valley Town Code and sentenced to be confined to a term of not more than one year, The Court will provide a protocol to determine whether placement at SCCADF is appropriate for Defendants to serve imposed sentences. 3.1.1. The Contractor agrees to provide Accepted_Defendants' booking and confinement information as needed. 3.1.2. The Contractor agrees to provide a safe and secure environment for the Inmates in accordance with the best practices of the ACA/NIJO Performance Based Standards Adult Correctional Facilities, 4th Edition, and the facility policy and procedures. 3.1.3. The Contractor agrees to maintain a clean, healthy, hygienic, sanitized and orderly environment with clear expectations of Inmate behavior and accountability in accordance with the SCCADF policy and ACA/NIJO Performance Based Standards Adult Correctional Facilities, 4th Edition. 3.1.4. The Contractor agrees to house Adult Defendants placed in the SCCADF subject to the same conditions as any other person lodged within the same facility. Inmates are afforded the same privileges, rights and opportunities as other inmates housed within Contractor's facility. Inmates must follow all of the rules, policies and procedures of the Contractor's facility. In the event, Contractor cannot reasonably accommodate a specific Inmate's needs, the Court must find an alternative housing facility or make other arrangements that would accommodate the Inmate's need(s). 3.1.5. The Court will provide at least one week notice to the Contractor of those Defendants designated to serve time at the SCCADF. 4 3 .1.6. The Court or the Accepted Defendant is responsible for the Accepted Defendant's transportation to the SCCADF to serve sentences. 3 .1. 7. The Contractor will maintain sight and sound separation between male and female Inmates, in accordance with ACA/NIJO Performance Based Standards. 3.1.8. The Contractor will release any Inmate after his or her sentence has been completed. Inmates are responsible for arranging their own transportation from the SCCADF. 3 .1. 9. The Contractor will not accept any person under the age of 18 years for lodging within the facility. 3 .1.10. Defendants who become Inmates under this contract are not eligible for community service. 3 .1.11. Contractor reserves the right to refuse to accept any Defendant who has a history of serious violent behavior, and/or serious recurring medical or mental health issues. 4.1 Medical 4.1.1 The Contractor shall be responsible for transporting Inmates to/from the designated local hospital or local medical facility for non-emergency appointments at no additional cost. 4.1.2 The Contractor agrees to provide transportation and security services in the event of a medical emergency which requires transportation/admission to the local hospital. The Contractor shall promptly notify the Court or designee of such incidents so decisions can be made on how to proceed. The Court has the option of releasing the Inmate or keeping the hold in place. If the release of the Inmate is granted within 2 hours of arrival at the hospital, no charge to the court will be assessed. However, if the Court fails to respond or the release is not granted, the Town of Oro Valley and/or the Court shall be responsible for the Inmate's transportation, medical treatment costs and/or security services provided. 4.1.3 In case of emergencies beyond the capabilities of the local full-service medical facilities, only the following health care facility will be used: Banner -University Medical Center Tucson (For emergencies as determined by local hospital) 1625 N Campbell Ave, Tucson, AZ 85719 (520)694-0111 4.1.4. Requests for payment for emergency medical treatment, transportation and/or security services will be submitted to the Town of Oro Valley for reimbursement to Santa Cruz County. 5 7.2 The Town of Oro Valley assumes no liability and will not defend or indemnify Contractor for any claims, judgments, or liabilities by third parties for property damage, personal injury, or civil liability arising from the actions of the Contractor or its officers, pursuant to this agreement. 7.3 The Contractor assumes no liability and will not defend or indemnify the Town of Oro Valley for any claims, judgments, or liabilities by third parties for property damage, personal injury, or civil liability arising from the actions of the Town of Oro Valley or the Court. 7.4 The Contractor will at all times maintain insurance coverage for reasonable loss due to liability claims arising out of the negligence of Contractor, its officers, agents or employees in the performance of this agreement. 7.6 Nothing in this agreement is intended to alter the parties' insurance obligations toward their employees or others. 7. 7 The terms of the Addendum, attached to this agreement as Exhibit A, are incorporated here in full by this reference. To the extent any term in Exhibit A conflicts with the terms of this agreement, the terms of this agreement shall control. Section 8 -MISCELLANEOUS 8.1 AVAILABILITY OF FUNDS 8.1.1. The provisions of this contract relating to payment for services shall become effective when funds assigned for the purpose of making compensation are actually available for disbursement. 8.1.2. If any action is taken by any State agency, Federal department, or any other agency or instrumentality to suspend, decrease, or terminate its fiscal obligations under, or in connection with, this contract, the Parties may amend, suspend, decrease, or terminate that Party's obligations under, or in connection with, this contract. In the event of termination, Oro Valley shall be liable for payment only for services rendered prior to the effective date of the termination, provided that such services are performed in accordance with the provisions of this contract. Each Party shall give written notice of the effective date of any suspension, amendment, or termination under this section, at least 10 days in advance. 8.2.TERMINA TION FOR DEF AULT 8.2.1. Either Party may, by written notice of default, terminate this contract in whole or in part if the other Party fails to: 7 8.2.1.1. Deliver the supplies or to perform the services within the time specified in this contract or any extension; OR 8.2.1.2. Make progress, so as to endanger performance of this contract; OR8.2.1.3. Perform any of the other provisions of this contract. 8.2.2. The right of the Parties to terminate this contract under these subparagraphs may be exercised if the other Party does not cure such failure within 10 business days ( or more if authorized in writing by the Party seeking to terminate) after receipt of the notice from the procurement officer specifying the failure. 8.3.STATUTORY RIGHT OF CANCELLATION FOR CONFLICT OF INTEREST Notice is given that, pursuant to A.R.S. § 38-511, either Party may cancel any contract without penalty or further obligation within three years after execution of the contract, if any person significantly involved in initiating, negotiating, securing, drafting, or creating the contract on behalf of either Party is at any time while the contract or any extension of the contract is in effect, an employee or agent of the other Party to the contract in any capacity or consultant to any other party of the contract with respect to the subject matter of the contract. Additionally, pursuant to A.R.S § 38-511, either Party may recoup any fee or commission paid or due to any person significantly involved in initiating, negotiating, securing, drafting, or creating the contract on behalf of the other Party arising as the result of the contract. 8.4.SUBCONTRACTING 8.4.1. The Sheriff may not assign to another contractor or subcontract to another party for performance of the terms and conditions hereof without the written consent of Oro Valley. All correspondence authorizing subcontracting must reference the Contract Number. 8.4.2. The subcontractor's rate for the job shall not exceed that of the Sheriffs rate, as bid in the pricing section, unless the Sheriff is willing to absorb any higher rates. The subcontractor's invoice shall be invoiced directly to the Sheriff, who in tum shall pass­through the costs to Oro Valley, without mark-up. A copy of the subcontractor's invoice must accompany the Sheriffs invoice. 8.5.AMENDMENTS All amendments to this contract shall be in writing and approved/signed by both parties. The Santa Cruz County Attorney's Office shall be responsible for approving all amendments for the Sheriff/County. 8.6.STRICT COMPLIANCE Acceptance by either Party of a performance that is not in strict compliance with the terms of the contract shall not be deemed to be a waiver of strict compliance with respect to all other terms of the contract. 8 Intergovernmental Agreement Determination The foregoing Intergovernmental Agreement between Santa Cruz County and the Town of Oro Valley has been reviewed pursuant to A.R.S. § 11-952 by the undersigned, who have determined that it is in proper form and is within the powers and authority granted under the laws of the State of Arizona to those parties to the Intergovernmental Agreement represented by the undersigned. SANTA CRUZ COUNTY County Attorney TOWN OF ORO VALLEY E-SIGNED by Tobin Sidles on 2022-07-21 21 :31 :36 GMT Town of Oro Valley Attorney 13 FIRST AMENDMENT TO THE INMATE HOUSING INTERGOVERNMENTAL AGREEMENT BETWEEN SANTA CRUZ COUNTY AND THE TOWN OF ORO VALLEY This First Amendment to the Intergovernmental Agreement (IGA) between Santa Cruz County and the Town of Oro Valley for safe and secure detention services for adult inmates is entered into as of the ___ day of _______________, 2023. WHEREAS, The IGA between Santa Cruz County and the Town of Oro Valley, attached hereto as Exhibit “A”, was entered into on July 21, 2022; and WHEREAS, This First Amendment to the IGA amends Section 2.6.1 of the IGA to increase the amount the Town of Oro Valley pays for detentions services from $65.00 per Inmate per day to $78.18 per Inmate per day; and WHEREAS, all other terms and conditions of the IGA shall remain in full force and effect. NOW THEREFORE, The IGA between Santa Cruz County and the Town of Oro Valley Section 2.6.1 is amended as shown below with deletions shown with strikethrough and additions shown with bold: 2.6.1. The cost for detention services shall be $65.00 $78.18 per Inmate per day. For the purposes of this contract, a day means any portion of a day, to include the day of admission and the day of departure SIGNATURES ON THE FOLLOWING PAGE This First Amendment to the IGA may be executed in any number of counterparts and all such counterparts shall be deemed to constitute one and the same instrument, each counterpart being a part of the original. IN WITNESS WHEREOF, the parties have duly executed this instrument below. Dated this ___ day of _______________, 2023 TOWN OF ORO VALLEY SANTA CRUZ COUNTY ________________________ ________________________ Joseph C. Winfield, Mayor Santa Cruz County Attorney ATTEST: ATTEST: ________________________ ________________________ Michael Standish, Town Clerk Alma Schultz, Clerk of Board Date: ___________________ Date: ____________________ APPROVED AS TO FORM: APPROVED AS TO FORM ________________________ ________________________ Tobin Sidles, Legal Services Director Kimberly J. Hunley, Chief Deputy Date: ___________________ Date: ______________________ EXHIBIT “A”    Town Council Regular Session 1. Meeting Date:05/03/2023   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 (Continued from 4/19) RECOMMENDATION: N/A EXECUTIVE SUMMARY: This item was continued from the April 19, 2023 Regular Town Council meeting. 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 1. Meeting Date:05/03/2023   Requested by: Paul Keesler Submitted By:Paul Keesler, Public Works Department:Public Works SUBJECT: DISCUSSION REGARDING THE DEVELOPMENT OF A TOWN OF ORO VALLEY TRAFFIC STANDARDS PLAN   RECOMMENDATION: N/A. EXECUTIVE SUMMARY: The Vice Mayor, seconded by the Mayor, has requested that a traffic standards plan be developed for the Town of Oro Valley. The purpose of this item is to both review the various sources, policies and standards that the Town uses to regulate our street system and provide direction to staff if additional supplements are required. BACKGROUND OR DETAILED INFORMATION: The Town of Oro Valley references local, regional and national standards as appropriate for the design, analysis and operations of its public street system. Where the Town does not set an explicit rule or regulation and for basic design parameters, the latest editions of local, state and national standards are utilized. The Town has developed its own traffic standards within the following documents:  Town of Oro Valley Subdivision Street Standards and Policy Manuel, Second Edition Town of Oro Valley Zoning Code, Section 27; General Development Standards Town of Oro Valley Town Code, Chapter 7; Streets, Highways, Public Ways - Subdivisions  Town of Oro Valley Town Code, Chapter 11-3; Traffic Control  And where the Town does not provide direct guidance on traffic or transportation related issues, the Subdivision Street Standards and Policy Manual, Section 2.2 states:    This manual establishes general engineering design practices for local roadway construction associated with land development in Oro Valley. For design requirements not provided herein, such as collector and arterial roadway designs, the engineer shall design in accordance with the latest editions of the following references, or as otherwise directed by the Town Engineer:   "A Policy on Geometric Design of Highways and Streets", American Association of State Highway and Transportation Officials (AASHTO). 1. "Roadside Design Guide", AASHTO. 2. “Guidelines for Geometric Design of Very Low-Volume Local Roads (ADT ≤ 400)”, AASHTO. 3. “Guide For Design of Pavement Structures”, AASHTO. 4. “Manual on Uniform Traffic Control Devices”, U.S. Department of Transportation, Federal Highways Administration (FHWA). 5. “Highway Capacity Manual”, Transportation Research Board (TRB). 6. “Access Management Manual”, TRB. 7. “Trip Generation Handbook”, ITE. 8. “Traffic Guidelines and Processes, Section 240 Traffic Impact Analysis & Statement”, Arizona Department of Transportation (ADOT). 9. “Traffic Engineering Manual of Approved Signs”, ADOT. 10. “Materials-Preliminary Engineering and Design Manual”, ADOT. 11. “Bridge Design and Detailing Manual”, ADOT. 12. “Construction Standards-Construction, Bridge, Signing and Marking”, ADOT. 13. “Construction Standard Drawings”, ADOT. 14. “Signing and Marking Standard Drawings”, ADOT. 15. “Pima County Roadway Design Manual”, and applicable references therein, Pima County Department of Transportation & Flood Control District (PCDOT & FCD). 16. “Standard Specifications for Public Improvements”, Pima Association of Governments (PAG). 17. “Standard Details for Public Improvements”, PAG. 18. “Pavement Marking Design Manual”, PC/COT. 19. “Drainage and Channel Design Standards for Local Drainage for Floodplain Management within Pima County, Arizona”, PCDOT & FCD. 20. “Stormdrain Design Guidelines and Standard Plans”, PCDOT & FCD. 21. ADOT and PCDOT traffic signal design guidelines (general). 22. “Manual of Engineering Standards and Procedures”, Pima County Wastewater Management Department (PCWMD). 23. “Standard Specifications and Details”, City of Tucson Water Department, (COTWD). 24. “Oro Valley Drainage Criteria Manual”. 25. Town of Oro Valley Department of Public Works Traffic Calming Policy. 26. Oro Valley Bicycle and Pedestrian Standards. 27. The following adopted standards, ordinances, or policies are also applicable and should be referred to by the design engineer as appropriate:   Town of Oro Valley Floodplain Ordinance. 1. Oro Valley Zoning Code Revised. 2. The Town of Oro Valley General Plan and any adopted area, community, neighborhood and specific plans. 3. Conditions of zoning and rezoning. 4. Oro Valley Town Code. 5. Uniform Building Code (or International Building Code), Electric Code, Fire Code, Plumbing Code, etc. as currently adopted and modified by the Town of Oro Valley.   6. In the event a conflict arises between two or more references listed above, the Town Engineer shall determine the reference to be applied.  FISCAL IMPACT: None SUGGESTED MOTION: This item is for discussion purposes. Council may want to direct staff to ... Attachments Staff Presentation  Discussion Regarding the Development of a Town Traffic Standards Plan Town Council May 3, 2023 2 Codes & Standards the Town Utilizes The Town’s adopted Traffic Standards are contained within: Town of Oro Valley Subdivision Street Standards and Policy Manual Town of Oro Valley Zoning Code Town of Oro Valley Town Code Town of Oro Valley Floodplain Ordinance International Building Codes, with emphasis on electric and fire sections The Subdivision Street Standards references several local and nationally recognized organizations and publications 3 Codes & Standards the Town Utilizes Within Town Code 7-1, and staff finds in day-to-day practice, the following are the primary codes and standards for a majority of the time that are utilized: TOV Subdivision Street Standards, Zoning Code & Town Code Pima County Design Standards & Manuals MUTCD (Manual of Uniform Traffic Control Devices) PAG Standard Specifications and Details ADOT TIA Guidelines HCM (Highway Capacity Manual) AASHTO Geometric Design Manual (American Association of State Highway and Transportation Officials) 4 How Standards are Applied Staff uses the following hierarchy to evaluate street issues: 1.Safety –Warrant Analysis, Speed Studies, Traffic Control, Interaction with Pedestrians, Crash Analysis, etc. 2.Mobility/Congestion –Level of Service (LOS) impacts 3.Environmental or Development Impacts –any adverse impacts to the surrounding community 4.Standards –Application of standards and whether modifications required 5.Cost to the Town –Funding Sources Available We start with the application of the TOV Subdivision Street Standards, Zoning Code & Town Code Where these do not provide detail, we then utilize the mentioned reference material listed in Town Code 7-1 5 How Standards are Applied Public Works Traffic Engineering staff generally review new development Street safety issues are reviewed by the Town’s Traffic Safety Committee, a group of staff comprised of cross-departmental staff and Golder Ranch Fire District At the staff level, the Town Engineer is ultimately responsible for all decisions made and is responsible for the recommendations to the Town Council Council has the final determination in all matters An important aspect of traffic is that engineering judgement is required for the application of standards, procedures and policies 6 Helping Council Within the last few development cases brought before Council, there were questions and concerns in regards to: The current Subdivision Street Standards were last updated in 2004 Given the age of the current Subdivision Street Standards, it is a great opportunity for staff to work on an update that includes better definition of those issues Council has identified Level of Service Application of Standards Traffic Counting Neighborhood Impacts Other Jurisdictional Standards Use of Methods from other States 7 Questions? Direction?