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**SECOND AMENDED AGENDA *AMENDED AGENDA ORO VALLEY TOWN COUNCIL REGULAR SESSION May 5, 2010 ORO VALLEY COUNCIL CHAMBERS 11000 N. LA CANADA DRIVE 4 *REGULAR SESSION AT OR AFTER 5:00 PM CALL TO ORDER ROLL CALL *EXECUTIVE SESSION AT OR AFTER 5:00 PM Pursuant to A.R.S. section 38-431.03(A)(3) for discussion and consultationwith the Town Attorney for advice relating to the Town's participation in the Arizona Municipal Risk Retention Management Pool and associated litigation coverage **Pursuant to A.R.S. section 38-431.03(A)(1) to discuss personnel matters related to appointment of a new Town councilmember to fill one vacancy with term effective until June 6, 2012 RESUME REGULAR SESSION AT OR AFTER 6:00 PM CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE UPCOMING MEETING ANNOUNCEMENTS COUNCIL REPORTS DEPARTMENT REPORTS The Mayor and Council may consider and/or take action on the items listed below: 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 a. Presentation of Graffiti Abatement Public Service Campaign by Ironwood Ridge High School Students b. Presentation regarding Steam Pump Ranch **RECONSIDERATION AND POSSIBLE ACTION REGARDING FILLING OF COUNCIL VACANCY WITH TERM EFFECTIVE UNTIL JUNE 6, 2012 **DISCUSSION AND POSSIBLE ACTION REGARDING FILLING OF COUNCIL VACANCY WITH TERM EFFECTIVE UNTIL JUNE 6, 2012 CONSENT AGENDA (Consideration and/or possible action) A. Minutes: March 8, 12, 24, & 31, B. Coyote Run March 2010 Monthly Report ort C. Procurement Division Quarterly Report - January 1, 2010 - March 31, 2010 D. Resolution No. (R)10-23, adopting the Town of Oro ValleyDepartment of Public p Works Transit Services Division Title VI Policy. E. Resolution No. (R) 10-24, approving an Intergovernmental Master Agreement between een Pima County and the Town of Oro Valley for joint use of facility space F. Resolution No. (R) 10-25, approving a Data Sharing Agreement between the Town of Oro Valley and the Arizona Board of Regents for and on behalf of Arizona State University G. Appointment of Donald L. Chatfield to the Pima County Bond AdvisoryCommittee for a term to expire on June 30, 2016 e m 2. PUBLIC HEARING - DISCUSSION AND POSSIBLE ACTION REGARDING AN APPLICATION FOR A SERIES 12 (RESTAURANT) LIQUOR LICENSE FOR HARVEST MOON CHINESE CUISINE LOCATED AT 12125 N. ORACLE ROAD #D-5 3. DISCUSSION AND POSSIBLE ACTION REGARDING THE ORO VALLEY WATER UTILITY COMMISSION ANNUAL REPORT DATED APRIL 2010 4. DISCUSSION AND POSSIBLE APPROVAL OF ENERGY EFFICIENCY PROJECT FINANCING MEASURES TO INCLUDE A COMBINATION OF USE OF CONTINGENCY RESERVE FUNDS IN THE GENERAL FUND, HIGHWAY FUND AND WATER UTILITY ENTERPRISE FUND TO PAY FOR ENERGY EFFICIENCY UPGRADES IN TOWN FACILITIES AND THE ISSUANCE OF EXCISE TAX-SECURED DIRECT-PAY SOLAR CLEAN RENEWABLE ENERGY BONDS (CREBs) TO PAY FOR THE INSTALLATION OF SOLAR PHOTOVOLTAIC (PV) ENERGY PRODUCTION PANELS AT THE TOWN HALL CAMPUS FUTURE AGENDA ITEMS (The Council may bring forth general topics for future meetingagendas. g ndas. Council may not discuss, deliberate or take any action on the topics presentedursuant to ARS 38-431.02H) p 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. ADJOURNMENT 4 POSTED: 04 23 10 AMENDED AGENDA POSTED: 04 29 10 4:00 p.m. 4:00 p.m. cp cp SECOND AMENDED AGENDA POSTED: 05 03 10 3:30 p.m. cp 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. — 5:00p.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. INSTRUCTIONS TO SPEAKERS Members of the public have the right to speak during any posted public hearing. However, those items not listed as a public hearing are for consideration and action by the Town Council during the course of their business meeting. Members of the public may be allowed to speak on these topics at the discretion of the Chair. If you wish to address the Town Council on any item(s) on this agenda, please complete a speaker card located on the Agenda table at the back of the room and give it to the Town Clerk. Please indicate on the 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 when completing the blue speaker card. Please step forward to the podium when the Mayor announces the item(s) on the agenda which you are interested in addressing. 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. Please organize your speech, you will only be allowed to address the Council once 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 issue you wish. 5. Any member of the public speaking must speak in a courteous and respectful manner to those present. Thank you for your cooperation. • AGENDA ORO VALLEY TOWN COUNCIL REGULAR SESSION May 5, 2010 ORO VALLEY COUNCIL CHAMBERS 11000 N. LA CANADA DRIVE REGULAR SESSION AT OR AFTER 6:00 PM CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE UPCOMING MEETING ANNOUNCEMENTS COUNCIL REPORTS DEPARTMENT REPORTS The Mayor and Council may consider and/or take action on the items listed below: 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 'Now 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 a. Presentation of Graffiti Abatement Public Service Campaign by Ironwood Ridge High School Students b. Presentation regarding Steam Pump Ranch CONSENT AGENDA (Consideration and/or possible action) A. Minutes: March 8, 12, 24, & 31, 2010 B. Coyote Run March 2010 Monthly Report C. Procurement Division Quarterly Report - January 1, 2010 - March 31, 2010 D. Resolution No. (R)10-23, adopting the Town of Oro Valley Department of Public Works Transit Services Division Title VI Policy. I E. Resolution No. (R) 10-24, approving an Intergovernmental Master Agreement between Pima County and the Town of Oro Valley for joint use of facility space Resolution No. (R) 10-25, approving a Data Sharing Agreement between the Town of Oro F. Valley and the Arizona Board of Regents for and on behalf of Arizona State University G. Appointment of Donald L. Chatfield to the Pima County Bond Advisory Committee for a term to expire on June 30, 2016 2. PUBLIC HEARING - DISCUSSION AND POSSIBLE ACTION REGARDING AN APPLICATION FOR A SERIES 12 (RESTAURANT) LIQUOR LICENSE FOR HARVEST MOON CHINESE CUISINE LOCATED AT 12125 N. ORACLE ROAD #D-5 3. DISCUSSION AND POSSIBLE ACTION REGARDING THE ORO VALLEY WATER UTILITY COMMISSION ANNUAL REPORT DATED APRIL 2010 4. DISCUSSION AND POSSIBLE APPROVAL OF ENERGY EFFICIENCY PROJECT FINANCING MEASURES TO INCLUDE A COMBINATION OF USE OF CONTINGENCY RESERVE FUNDS IN THE GENERAL FUND, HIGHWAY FUND AND WATER UTILITY ENTERPRISE FUND TO PAY FOR ENERGY EFFICIENCY UPGRADES IN TOWN FACILITIES AND THE ISSUANCE OF EXCISE TAX-SECURED DIRECT-PAY SOLAR CLEAN RENEWABLE ENERGY BONDS (CREBs) TO PAY FOR THE INSTALLATION OF SOLAR PHOTOVOLTAIC (PV) ENERGY PRODUCTION PANELS AT THE TOWN HALL CAMPUS 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 tilew 38-431.02H) 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. ADJOURNMENT POSTED: 04 23 10 4:00 p.m. cp 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. — 5:00p.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. Ilibo INSTRUCTIONS TO SPEAKERS . Members of thep ublic have the right to speak during any posted public hearing. However, those items not listed as a public hearing are for consideration and action by the Town Council during cop the course of their business meeting. Members of the public may be allowed to speak on these topics at the discretion of the Chair. IfY ou wish to address the Town Council on any item(s) on this agenda, please complete a speaker card located on the Agenda table at the back of the room and give it to the Town Clerk. Please indicate on the speaker card which item number and topic you wish to speak on, or if you wish to speak completing the blue during "Call to Audience", please specify what you wish to discuss when com p speaker card. Please step forward to the podium when the Mayor announces the item(s) on the agenda which you are interested in addressing. 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. Please organize your speech, you will only be allowed to address the Council once 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 issue you wish. 5. Any member of the public speaking must speak in a courteous and respectful manner to those present. Thank you for your cooperation. Page 1 of 2 Cuvelier, Kathryn From: Loomis, Paul • Sent: Wednesday, May 05, 2010 11:31 AM To: Cuvelier, Kathryn Subject: FW: Council Appointment Process F �.. meetingdias r...o'7d:.L..�_j For the ... ......................................... From: mnapier.arizona.edu@gmail.com [mailto:mnapier.arizona.edu@gmail.com] On Behalf Of Mark Napier Sent: Wednesday, May 05, 2010 8:56 AM To: Loomis, Paul Subject: Council Appointment Process Dear Honorable Mayor Loomis, I note on the agenda for tonight's council meeting that there may be reconsideration of opening g g the vacant council seat for interested applicants. I would respectfully ask that Council remain committed to accepting applications through May 19, 2010, as it originally planned. I have been p g pp an Oro Valley resident for almost 20 years. I am very interested in serving my community on the Oro Valley Town Council. I would like the opportunity to apply for appointment to the Council. I have nearly29 years of experience in public sector management. The last ten years have been � at senior and executive levels. I have been responsible for the management of large public budgets both operating and capital. I have managed operating budgets of up to $75 million and g p g capital budgets of over $25 million. I have been the project manager on several capital projects p g for the City of Tucson, to include the construction of a police substation and an evidence and identification facility. I currently assist in the management of a budget of about $15 million. I would be an asset to the Town of Oro Valley in the management of its fiscal challenges. I have a Masters Degree from Boston University and a Bachelor of Science Degree in Social Psychology from Park University. I have a certificate in Public Policy Management from the Y gY University of Arizona and am a graduate of the Public Executive Training Program at Arizona State University. Additionally, I am a graduate of a three-week public executive training program ram in Boston that was instructed primary by professors of the Harvard Kennedy School of Government. I have specific training in public sector leadership, project management, designing public facilities, capital projects management, fiscal management and conflict resolution. My professional work experience includes 28 years of service in local law enforcement. I have worked foraolice department in Iowa, the Tucson Police Department and the Glendale Police p Department. I rose through the ranks, retiring as an Assistant Director. I have a highly developed understanding of police practices, community policing and modern law enforcement practices. I currently serve as the Associate Director for Parking and Transportation Services at the University of Arizona. My experience in transportation programs, alternate transportation strategies and Travel Demand Management would be invaluable to the Town. Additionally, my professional connection to the University may prove helpful. Finally, I am an adjunct faculty member of Boston University. I manage the Boston University on-line Masters in Criminal Justice Program. 5/5/2010 4 Page 2 of 2 I have well-developed publicleadership evelo ed skills. I have training in mediation and conflict resolution. Given the opportunity to serve on Council, I would be a cooperative consensus builder. I always maintain professional and am able toput myego and personal ideologies aside for the greater good of our community. I decorum g tirelessly to ensurepositive workingrelations with my colleagues on the Council. While universal would work t y all issues is not possible, andperhaps not even desirable, the manner in which we disagree can be agreement on • • civility, constructive, positive and of service to the Town. I would be a positive voice on Council, dedicated to c y, constr , service and progress. longtime resident of Oro Valley. I have seen our community grow up. I understand Oro Valley. I have been a y I would appreciate the opportunity to apply for appointment to Council. I hope that the appointment process pp pp originally agreed upon will remain in force. Thank you, Mark Napier (520) 730-5605 —cell 5/5/2010 Ar Item #: a. TC Regular Session Date: 05/05/2010 Requested by: Mary Davis, Communications Administrator Submitted By: Mary Davis, Town Manager Department Department: Town Manager Department . u..x..:w...�w.....r.s.:�....�.:,�..ua... ::: .: :K.....a:w.:M�. ... .....: ...,..a.�.�,.., :.�.�:: :w.���.K....w..�....^.:.........h.�..�...���,�.o...,�.......n., ...M..�:�..�.r..�.�ow u..��....�.,.... Information SUBJECT: Presentation of Graffiti Abatement Public Service Campaign by Ironwood Ridge High School Students SUMMARY: In 2010, graffiti vandalism has more than doubled in the first quarter of this year over the same period in 2009. Oro Valley staff in the Public Works, Parks and Recreation, and Police departments, along with the Town Manager's office, have formed a special employee task force to address the rising problem of graffiti in the community. Efforts include reviewing public education opportunities on awareness of the high cost of graffiti, as well as ways that we can work with the HOA communities and other groups to help remove graffiti quickly when it occurs. Staff met with the video and graphics teacher at Ironwood Ridge High School, Mr. Craig Baron, to see if they would be interested in developing a public service campaign to help get the message out about how detrimental graffiti can be on a community. Tonight, we will showcase the students' work for Council and the community. We would like to also offer a special thanks to Kelle Maslyn of Comcast and Dave Perry from Explorer Newspapers. Both have agreed to run these public service announcements in their respective media outlets throughout the summer, at no charge. DISCUSSION: N/A FISCAL IMPACT: N/A CONCLUSION/RECOMMENDATION: This is a presentation for information only. SUGGESTED MOTION: N/A Item #: b. TC Regular Session Nilw Date: 05/05/2010 Submitted By: Jose Rodriguez, Public Works Department: Public Works Information SUBJECT: Presentation regarding Steam Pump Ranch SUMMARY: The Steam Pump Ranch was acquired in April 2007 in partnership with Pima County. Immediately after the acquisition, Council established the Historic Preservation Commission (HPC) which has authority and oversight of Steam Pump Ranch. In addition, Council authorized the formation of a citizen task force. This task force, guided by HPC and Town staff, was created to work with the public, Linda Mayro from Pima County and the consulting architectural firm of Poster Frost Mirto Architecture Planning and Preservation to develop a master plan. On May 21, 2008, Council adopted the Master Plan for the Steam Pump Ranch to guide the stabilization, restoration and reconstruction of the site. We are currently in the first phase, the Pre-Opening Phase, of three established phases of the Master Plan. The Pre-Opening Phase scope is to stabilize the site and threatened structures. Ongoing stabilization efforts during the planning effort have been accomplished with the help of volunteers, Town staff, and emergency repair contracts. Concurrently, we are focused on the three structures in need of immediate repairs: the Pusch Ranch House, Procter/Leiber House, and the Steam Pump structure. On May 5, 2009, the Mayor and Council approved additional funds for the restoration and reconstruction of New these structures. DISCUSSION: UPDATE: On August 14, 2009, the firm of Poster Frost Mirto Architecture Planning and Preservation was awarded a contract to design and develop the plans for the Pusch Ranch House, Procter/Leiber House, and the Steam Pump structure. The Steam Pump Ranch Project Team has been working with Poster Frost Mirto to determine the best way to implement the restoration, reconstruction and repair of the structures. The work has been packaged into two components, the first being the plans for the construction and repairs of the two residences. The Steam Pump structure will follow this effort, as the final treatment is currently in discussion with the State Historic Preservation Office (SHPO). At issue is SHPO's preference to preserve the Steam Pump as a ruin, whereas the Master Plan calls for accurate Restoration. On March 22, 2010, the Town sent a letter to SHPO requesting two reviews: 1) review of the Steam Pump Ranch Master Plan to determine conformance with the District's listing on the National Register of Historic Places and 2) review of the proposed components of the first phase of the implementation of the Master Plan; the reconstruction of the Pusch House Ranch and emergency repairs to the Procter/Leiber House. It was noted that the Steam Pump structure was not part of this initial review, but will be protected in place from the elements in the interim, and plans will be forwarded under separate cover. SHPO completed their review and on April 15, 2010 the Town received the response letter approving the proposed treatment improvements as submitted. Clow IMPROVEMENTS: Phase I - Package A Pusch Ranch House The work on this structure will consist of restoring the exterior to its late-19th Century/early 20th century appearance (deconstruction of walls, porches and reconstructing the roof, etc.) and the adaptive re-use of the interior (floors, windows and fireplace, etc.). This follows the language on the Master Plan. Procter/Leiber House The work on this structure will consist of emergency repairs (major components include removing and replacing an adobe wall, rafter and foundation) as a result of the collapsed fireplace that was built in the second story addition. Phase I - Package B Steam Pump This work will consist of restoring the building to its early 20th century appearance following Package A. The intention is to follow the Master Plan for accurately Restoring the Steam Pump. SCHEDULE: Phase I - Package A will be advertised for construction beginning early May. It is anticipated that the contract will be awarded in mid-June, with construction commencing in early July. The construction for Steam Pump will commence late summer of 2010. The Tentative Schedule for Phase I is: • Plans and Specifications completed by April 30, 2010 • Advertise Project from May 10 through May 28, 2010 • Bid Opening May 28, 2010 • Execute contract from June 21, 2010 • Start Construction June 28, 2010 • Complete Construction December 31, 2010 FISCAL IMPACT: None -for information only CONCLUSION/RECOMMENDATION: Staff recommends moving forward as delineated above and will continue to keep Council informed of the progress. SUGGESTED MOTION: Not an action item - presentation is for information only. .. .. . . ..:... .. .......: .-.. • STEAM PUMP RANCH UPDATE Town Council Meeting May 5, 2010 Steam PumpRanch Update rrF4 A Xr� STEAM PUMP 12ANC�I x cry *.:. '' si yje" s. :. 1 ..„..„:.,1011:::,:::p•1,..,-. 1.1t7,0:'' PROCTOR/LEI'BER HO1 BE ,:,.: ;< x ,:e:: v :..7 ..A‘41:::::5:k4.0.:!' E ,:„,:,,.:::„:,„:....„,".,::;...,..:,,,..,1..:..,,,, �+ f3 r.t:: . ..i,. ...„.„.,:::,;:::f:.,,,,,,::„::.,:::„„:„::,,,:::„:::,:,:z:,,,i,,..:„„:::.::,. ,,.,_ . ,, s , }} �o .g q I l �vr�c, ^S'' ,fix` '/to- .` {� {'- i ,:::::„.„„::,:„,„,,.,,,,„,„:,.........:.: ._:. < { .h A 4 7 (.+�' t < liMili,114:47:it ',. Y 1 {. ::. ,. ��k E- P P TUR f� }y,, : {. A,.. { ♦f es �� _ f f �,,,i,,,,,,,,...,,,„,,„..:,:::„..:,,,„,„,„,,,,,,:,,:, , { f 1 ' �.>� :.....'v{.b♦,A.:.{:....... {'[.. .....:.. ; �_..�.....2} { SCS.:... �] f} ., ...:4„:„,,„:„.,„..... ...„„:„...:. ...:,.,..„.::.. fi�. Town of Oro Valley 1 Steam Pump Ranch Background 2007 Town acquires the Steam Pump Ranch (SPR) Authorization of the Historic Preservation Commission (HPC) Citizen Task Force formed to develop the Master Plan for the SPR. 2008 Town adopts the three-phase Master Plan for SPR 2009 Town approves funding for the design and construction work for the Pusch Ranch House, Procter/ Leiber House and the Steam Pump Structure Town of Oro valley Steam Pump Ranch Update Planning Phase (Completed) 1 — Master Plan Design Phase (99% Complete) — Development of the design plan Construction Phase (June 2010) - Implementation of the construction work Town of Oro valley 2 Steam Pump Ranch Current Status 2009 Poster Frost Mirto Architecture(Consultant)is awarded a contract to design and develop the construction plans for the these structures 2010 SPR Project Team formed to provide guidance and recommendations to the design Consultation and coordination with the State Historic Preservation Office(SHPO) Structures are packaged into two components: — Package I consists of the two houses — Package II consist of The Steam Pump structure SHPO has reviewed and approved the proposed treatments in Package I and package II is in progress Plans are currently being finalized for Package I Advertise for bid is planned for May 17 Town of Oro Valley Pusch Ranch House - Rehabilitation Construction Phase Package I The work in this house will consist of rehabilitating the exterior to its late 19th Century/early 20th Century appearance and the adaptive re-use(Rehabilitation)of the interior. WORK: Deconstruction: — Walls — Porches — Floor and roof Rehabilitating — Interior walls,floors,ceilings,doors,and windows — Exterior walls and porches Installing: — New rolled asphalt roofing for the main structure — New asphalt shingles for rehabilitated porches — New Heating-Ventilation-Air Condition(HVAC)system — New lighting system COST ESTIMATE: $350,000 Town of Oro Valley 3 '--T----,— Z Pusch Ranch House — Rehabilitation Construction Phase Package I .. . . .,:.:::.„...,..,..„.:..,•:':::.'.,'•:',•::•:::.......1:....::"....'.:::.•1::::•..::'•17.. Iiiiiiii,i,.,,;..:,,§ i;:E.,,..,1x,•,.,i1,,,,,:,,,:,.:,•,-,,,,,,,,,,,,,,,,,-::„..--.-:,,.. - ..... . :::,..:,...,..,,,.,..,:::.,,,„,,,:.,4:.,..,.s...,..._::,:,:::',.,,,..7,..4,...,).;,...,,,•:;:,.:::..,,,,,,,..,„.:,:ii.,..ii4.-ii,i4.......:ii;,,,,,,,,r,: i. fr :•:,::::,.-::-:..i.;.:::'1!:',;!..''':!'::••••':;,''''''''':::•::••••:,:•:,•••:':'::i.•••••i ---- - . 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Information SUBJECT: Minutes: March 8, 12, 24, & 31, 2010 SUMMARY: DISCUSSION: FISCAL IMPACT: CONCLUSION/RECOMMENDATION: SUGGESTED MOTION: Attachments Link: 03 08 10 Link: 3-12-10 Special Session Link: 3-24-10 Special/Study Session Link: 03 31 10 1111 DRAFT MINUTES ORO VALLEY TOWN COUNCIL SPECIAL/STUDY SESSION March 8, 2010 ORO VALLEY COUNCIL CHAMBERS 11000 N. LA CANADA DRIVE SPECIAL SESSION CALL TO ORDER - at 6:00 p.m. ROLL CALL PRESENT: Paul Loomis, Mayor Bill Garner, Vice Mayor - via telephone Kenneth "K.C." Carter, Councilmember Barry Gillaspie, Councilmember Salette Latas, Councilmember Patricia Spoerl, Councilmember 1. DISCUSSION AND POSSIBLE ACTION REGARDING A REQUEST FROM EVERGREEN STEAM PUMP, L.L.C. AND BASIS SCHOOL, INC. FOR PAYMENT IN KIND AND/OR PHASED PAYMENT OF PERMIT AND New DEVELOPMENT IMPACT FEES ON A PORTION OF THE STEAM PUMP VILLAGE DEVELOPMENT Economic Development Manager Amanda Jacobs presented the item. She explained that Ventana Medical Systems had noted they had difficulties recruiting people with desired skills as the American school system was not on par with the European school system. Ms. Jacobs noted the following: • Council members and staff had met with BASIS Charter school co-founder Dr. Block • The BASIS model combined Asian/European college preparatory with the American curriculum • Sanofi Aventis and Ventana Medical Systems were excited to have BASIS in Oro Valley • BASIS wanted to build a 30,000 square foot building at Steam Pump Village • Tutor Time was no longer moving to Steam Pump Village • Erecting a new building would warrant permit and development fees. o A waiver or phased payments of these fees was requested Mayor Loomis opened the floor for public comment. He noted the people in the audience that expressed their support for this item though did not wish to speak: • Tucson resident Dr. Mittida Raksanaves 410, • Tucson resident Nick Fleege 03/08/10 Minutes, Town Council Study Session 2 • Tucson resident Britney Murray • Oro Valley resident Heidi Tronstad Oro Valley resident Joe Hornat stated that this was the first time he had seen such cooperation between the builder, the Town and the applicant. He noted that this was something the community could support. Oro Valley resident Doug McKee stated that there were troubling aspects associated with this item. He noted that the developer had promised significant sales tax revenues if the Town agreed to an Economic Development Agreement (EDA). He stated that the school would be good for Oro Valley in the long term; however locating it in Steam Pump Village would reduce the potential for retail sales taxes. He noted that the Supreme Court ruled on what constitutes gifts and this proposal could violate that decision. He stressed that an appraisal of the open space was needed. Critical Path Institute (CPI) Director of Consortia Operations Steve Broadbent spoke on behalf of Dr. Ray Woosley. He stated that Basis Charter School has been ranked in the top 5 nationally and that CPI strongly supported their presence in Oro Valley. It was noted that the school was not a substitute for commercial retail, but rather a substitute for Tutor Time Child Care/Learning Center. Town Attorney Tobin Rosen addressed the Gift Clause. He stated that the Town Now would relinquish $157,000 in permit and impact fees. He explained that in return, the Town would own part of the parcel. He noted that the Town was obligated to make payments to the developer under the EDA. Councilmember Carter recommended that the 1% Art fee required of the developer should be waived and donated to the school. He suggested that a second appraisal be sought. Acting Planning and Zoning Director Paul Popelka stated that he did not believe that the Oro Valley Zoning Code would preclude the use of open space for park activities. He noted that the land was zoned and classified as open space and would not prohibit passive recreation. MOTION: A motion was made by Councilmember Gillaspie and seconded by Mayor Loomis to direct staff to accept the terms offered by Evergreen Steam Pump and Basis School Incorporated for the in-kind and phase payment of the permit and development impact fees for the Basis Charter School facility at Steam Pump Village to include appraisal and possible conveyance of one portion of the undeveloped real property at Steam Pump Village site and payment of the remainder of the fees through the retention by the Town of future amounts due and payable to Evergreen under the existing Economic Development Agreement between Evergreen and the Town. I further move that the appraisal be acquired by mutual agreement between the Town of Oro Valley and the petitioner, that the lop 03/08/10 Minutes, Town Council Study Session 3 41iis arts fee be waived and that the maintenance on the parcel be a subject of negotiation with the developer. MOTION carried, 6-0. ADJOURN SPECIAL SESSION MOTION: A motion was made by Councilmember Latas and seconded by Councilmember Carter to adjourn the meeting at 6:28 p.m. MOTION carried, 6-0. STUDY SESSION CALL TO ORDER - at 6:28 p.m. ROLL CALL PRESENT: Paul Loomis, Mayor Bill Garner, Vice Mayor - via telephone Kenneth "K.C." Carter, Councilmember Barry Gillaspie, Councilmember Salette Latas, Councilmember Patricia Spoerl, Councilmember 1. Discussion regarding Budget Retreat Follow-up - Public Works %taw Department Town Engineer Craig Civalier presented the item. He reviewed the following divisions: • Administration Division o Total amount budgeted $367,195 o Contract administration o Records and file management o Stormwater Utility billing o Departmental management o Pima Association of Governments PAG/Regional Transportation Authority (RTA) representation o 3 employees • Engineering Division: o Construction and Design Program $557,729 o Impact Fees Program $7,045,715 (PAG) o Capital Improvement Projects o Project management o In house design o Traffic engineering o Transportation planning o Regional funding acquisition o The division has been right sized to 5 employees • In 2005 there were 12 employees 03/08/10 Minutes, Town Council Study Session 4 • Development Review Division o Development Review program $397,541 o Highway Permitting program $70,236 o Civil Engineering Development and Plan Review o Civil Engineering Technical Report Review o Grading Permit Review and Issuance o Highway Permit Issuance o Grading and Highway Permit Inspections o 5 Employees o Right sized • Operations Division o Total budgeted $6,777,932 o Street Maintenance Program • Public street repairs and sweeping • Drainage repairs • Roadway Vegetation Maintenance • Adopt-A-Highway Program • Buffelgrass eradication o Stormwater Utility Program • National Pollution Discharge Elimination Program • Adopt-A-Wash program • USACORE 404 Permits • Environmental education • FEMA flood maps New • Funding for CIP projects through Pima County, ADEM and FEMA • Drainage Projects • Flood plain management o Custodial Maintenance Program • HVAC • Janitorial • Electrical • Building repairs o Traffic Engineering Program (Operations) • Traffic signal operation and maintenance • Pavement markings • Traffic signs • Traffic studies • Mainline striping is outsourced o Fleet Maintenance Program • Vehicle repairs • Fuel use tracking • Preventative maintenance o Pavement Management Program • Surface treatments • Pavement Inspections and Data Management • New Product Research 03/08/10 Minutes, Town Council Study Session 5 a 28 Employees • Transit Services Division o Total budgeted $638,454 o Para-transit operations (Coyote Run) o RTA Park and Rides o RTA Sun Tran Express service o RTA new circulator service o 9 employees o Volunteer drivers o Hiring 2 new drivers due to shortage and reductions in services It was noted that the cost of the Coyote Run program without two additional part time drivers would total $638,000; the cost with the additional drivers would be $688,000. 2. Discussion regarding Budget Retreat Follow-up - Police Department Oro Valley Police Chief Danny Sharp presented the item. He noted that Oro Valley enjoyed the distinction of having one of the lowest crime rates in Arizona, though located 3.5 miles south of the Town was the city with one of the highest crime rates in Arizona. Chief Sharp reviewed the Traffic Unit: • Part of the Field Service Division • Allows for greater deployment of resources • Supports basic patrol operations and Criminal Investigation Unit Now • Consists of the following: o 1 Motorcycle Sergeant o 8 Motorcycle Officers o 1 Special Events Coordinator • Provides: o High profile selective traffic enforcement seven days a week both day and night o Traffic collision investigations o Driving Under the Influence (DUI) investigations o Commercial vehicle inspections o Driver education o Traffic related criminal investigative work o Special event coordination Chief Sharp noted that the police department collaborated with the Town Engineer for safety on roadways. He presented a training video that emphasized the importance of traffic safety laws and the officers that enforce those laws. He stated that a 2005 Fresno, California study revealed that the "halo" effect, resulting from contact with a traffic officer lasted 2-8 weeks. 03/08/10 Minutes, Town Council Study Session 6 Oro Valley Police Department Statistics .2005 2006 =2007 12008 [i2009 . .. . . ...... • w/Pedestrian 0 0 1 '0 0 Fatal Traffic Accident 1..n. FatalTrafficAccidentw/AnotherAuto 2 1 0 1 10 x IFatal Accidentw/Bicyc e Fatal Traffic Accident, Other 10 TOTAL . 12 2 0 ....:...:... 310 2 n Injury w/Pedestrian 1 ITraffic Accede t � ry • =Traffic Injury I j ury w/Auto 163 67 67 `59 52 -::TOTAL 66 69 67 161 53 Injury ED-U1 Personal In u Accident 5 i 5 10 5 2 He noted that two additional officers were deployed after statistics revealed that Oro Valley averaged two fatalities per year. He stated that since the deployment there have been no fatalities since 2008. He reviewed the Traffic Unit Service benefits: • Increased traffic enforcement and education • Reduction in injury related accidents • Elimination of traffic fatalities over last year Now • Reduction in workload of Criminal Investigation Unit • Increased Commercial Vehicle inspections • Ability to traffic hotline complaints quickly • Ability to deploy motorcycle officers to neighborhoods, schools and high collision intersections simultaneously • Ability to respond quickly to service calls through highly congested roadways • Specially trained traffic collision investigators, DUI and Drug Recognition Experts He stated that the budget impact for Traffic Unit personnel costs was $836,540 for Fiscal Year (FY) 2009/10. He noted that it was 8.02% of the total personnel budget for the police department. He reviewed the OVPD Reserve Officer Program: • Staff levels o 3 officers assigned to Uniform Patrol o 1 officer assigned to non-uniform property and identification o 1 position frozen for FY2009/10 • Responsibilities: o Enhance patrol staffing; reduce response times ■ Reserve officers answered 315 calls for service from August 2009 through January 2010 • o Reduce overtime associated with: 03/08/10 Minutes, Town Council Study Session 7 • • Open shifts due to military leave • Extended Family Medical Leave (FMLA) • Illness • Injury • Vacation o Manage the destruction, allocation, charitable donation or auction of property and evidence seizures • Budget impact of Reserve Officer personnel costs for FY 2009/10 o $90,451; .87% of the total OVPD personnel budget • Task Force Operations o Partnering with outside agencies allows for joint utilization of resources to: • Identify, plan and implement regional initiatives • Reduce crime • Increase public safety in and outside of Oro Valley's jurisdiction o Assignments • Counter Narcotics Alliance (CNA) • Multi-jurisdictional drug task force o 18 participating agencies in Pima County • Shares resources and intelligence in the prohibition of illegal narcotics • Methods: o Undercover street level enforcement o Title 3 intercepts (local and international) of drug trafficking organizations (DTO) o Money laundering operations (MLO) • Community Impact o Actively patrols street level drug trafficking in Pima County o Provides resources to OVPD units such as the Community Action Team (CAT) and Criminal Investigations unit o The cooperative initiative aids criminal investigations o Officers receive training at a cost that could not be matched by the department • Drug Enforcement Agency (DEA) • Community Impact o Provides sensitive intelligence regarding drug production and trafficking in and around Oro Valley o Resources and personnel available to OVPD o Anti-racketeering funds allotted to OVPD as a result of the department's participation in the program • Gang & Immigration Intelligence Team Enforcement Mission (GIITEM) • Multi-jurisdictional task force that focused on gang, U.S. border and immigration crimes • Community impact: o Provides critical intelligence to identify changes in crime patterns or sprees in organized and un-organized gang syndicates 03/08/10 Minutes, Town Council Study Session 8 411111, o Partnership ensures additional personnel during significant public safety emergencies ■ Joint Terrorism Task Force (JTTF) • Multi-jurisdictional effort led by the United States Department of Justice and the Federal Bureau of Investigations (FBI) o Combines federal, state and local law enforcement resources to combat terrorism • Community impact o First hand terrorism intelligence o Provides an additional layer of protection against terrorism o Budget impact Resources TotalTotal Program Net Cost ;I Cost Cost Recovered Counter Narcotics Alliance 3 $250 371 '$220,458 29,913 'DrugEnforcement $ 3 x$249,928 $ 78,169 ;Administration f •Gang Immigration Immi ration E � $ Team 1 €$. 74,539 $ 55,004 19,535 Enforcement Mission .. ..::..... ..... ...........:.. .. .... . ..... :Intelligence � Overtime £$ Joint Terrorism Task Force 1 $ 80931 paid .80,931 t Investment tment for ; TOTAL Net e Task Force Operations 8 $655769 $353,630 x$302,138 t Mayor Loomis opened the floor for public comment. Oro Valley resident John Musolf stated that Council should request the number of employees in each category for both items 1 and 2. He stated that four Intergovernmental agreements were signed last year for a total of 8 officers. Oro Valley resident Richard Tracy stated that the Town's participation on task forces outside of the community allowed the Town the services of manpower and resources of those task forces when needed for Oro Valley issues. He addressed why multiple units were often seen when a car had been pulled over noting that it was for the protection of the officer and the community. Discussion regarding the Chief's presentation followed. Mayor Loomis requested that an organizational chart identifying the various offices of the various groups be brought back as an action item or sent to Council. He further requested to add the number of Full Time Employees assigned to each unit. 3. Future Agenda Items - No items. 03/08/10 Minutes, Town Council Study Session 9 ADJOURNMENT MOTION: A motion was made by Councilmember Carter and seconded by Councilmember Spoerl to adjourn the meeting at 7:41 p.m. MOTION carried, 6-0. Prepared by: Christina Pickering Senior Office Specialist • MINUTES ORO VALLEY TOWN COUNCIL SPECIAL SESSION March 12, 2010 ORO VALLEY COUNCIL CHAMBERS 11000 N. LA CANADA DRIVE SPECIAL SESSION - AT OR AFTER 1:00 PM CALL TO ORDER: 1:00 p.m. ROLL CALL PRESENT: Paul Loomis, Mayor William Garner, Vice Mayor - via telephone K C Carter, Councilmember Barry Gillaspie, Councilmember - via telephone Salette Latas, Councilmember Pat Spoerl, Councilmember - via telephone EXECUTIVE SESSION - AT OR AFTER 1:00 PM In accordance with ARS §38- 431.03(A)(1) to discuss personnel matters related to appointment of a new Town councilmember to fill one vacancy with term effective until June 2, 2010 MOTION: A motion was made by Councilmember Latas and seconded by Councilmember Carter to go into Executive Session in accordance with ARS 38- 431.03(A)(1) to discuss personnel matters related to appointment of a new Town councilmember to fill one vacancy with term effective until June 2, 2010. MOTION carried 6 - 0. MOTION: A motion was made by Councilmember Carter and seconded by Councilmember Latas to go out of Executive Session at 1:12 p.m. MOTION carried 6 - 0. RESUME SPECIAL SESSION - AT OR AFTER 1:00 PM 1. DISCUSSION AND POSSIBLE ACTION REGARDING FILLING OF COUNCIL VACANCY WITH TERM EFFECTIVE UNTIL JUNE 2, 2010 MOTION: A motion was made by Councilmember Latas and seconded by Councilmember Carter to appoint Mary Snider to fill the unexpired term of Councilmember Al Kunisch with term effective through June 2, 2010. MOTION carried 6 - 0. 03/12/10 Minutes, Council Special Session 2 ADJOURNMENT MOTION: A motion was made by Councilmember Carter and seconded by Councilmember Latas to adjourn the special session at 1:20 p.m. MOTION carried 6 - 0. Prepared by: Kathryn E. Cuvelier, CMC 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 Council of Oro Valley, Arizona held on the 12th day of March 2010. I further certify that the meeting was duly called and held and that a quorum was present. Dated this 14th day of April, 2010. Kathryn E. Cuvelier, CMC Town Clerk DRAFT MINUTES 1111 ORO VALLEY TOWN COUNCIL SPECIAL/STUDY SESSION MARCH 24, 2010 ORO VALLEY COUNCIL CHAMBERS 11000 N. LA CANADA DRIVE SPECIAL SESSION -AT OR AFTER 6:00 PM CALL TO ORDER-6:01 p.m. ROLL CALL PRESENT: Paul Loomis, Mayor Kenneth "K.C." Carter, Councilmember Barry Gillaspie, Councilmember Salette Latas, Councilmember Mary Snider, Councilmember (Administered the Oath of Office after the Roll Call) Patricia Spoerl, Councilmember EXCUSED: Bill Garner, Vice Mayor 1. SWEARING IN OF NEW COUNCILMEMBER MARY SNIDER WITH TERM EFFECTIVE TO JUNE 2, 2010 Town Clerk Kathryn Cuvelier administered the Oath of Office to newly appointed Councilmember, Mary Snider. Mayor Loomis recessed the meeting at 6:05 p.m. The meeting resumed at 6:10 p.m. 2. RESOLUTION NO. (R)10 - 13 CANVASSING THE VOTE OF THE MARCH 9, 2010 PRIMARY ELECTION MOTION: A motion was made by Councilmember Gillaspie and seconded by Councilmember Carter to adopt Resolution (R)10-13. MOTION carried, 6-0. 3. PUBLIC HEARING - ORDINANCE NO. (0)10 -03 AMENDING ORO VALLEY TOWN CODE ARTICLE 5-5, MAGISTRATE COURT FEES, SECTION 5-5-1(A), FEES, ESTABLISHING A COURT SECURITY FEE Judge George Dunscomb presented the Council Communication and requested that the Council approve a $13.58 Oro Valley fee per case. He explained that with required State fees, the total fee assessed would be $25.00. Mayor Loomis opened the public hearing. There being no speakers, the public hearing was closed. 03/24/10 Minutes, Town Council Special/Study Session 2 MOTION: A motion was made by Councilmember Carter and seconded by Councilmember Gillaspie to adopt Ordinance (0)10-13, amending the Oro Valley Town Code Section 5-5-1(A) approving a $13.58 per case security fee to offset court security expenses. MOTION carried, 6-0. 4. DISCUSSION AND/OR POSSIBLE ACTION REGARDING THE APPOINTMENT OF JOHN BUETTE TO THE PLANNING AND ZONING COMMISSION EFFECTIVE MARCH 24, 2010 -JUNE 30, 2010 MOTION: A motion was made by Councilmember Spoerl and seconded by Councilmember Gillaspie to appoint John Buette to the Planning and Zoning Commission. MOTION carried, 6-0. 5. DISCUSSION AND/OR POSSIBLE ACTION REGARDING THE APPOINTMENT OF ELLEN GUYER TO THE HISTORIC PRESERVATION COMMISSION WITH TERM EFFECTIVE MARCH 24, 2010 -JUNE 30, 2012 MOTION: A motion was made by Councilmember Gillaspie and seconded by Councilmember Carter to appoint Ellen Guyer to the Historic Preservation Commission. MOTION carried, 6-0. 6. DISCUSSION AND/OR POSSIBLE ACTION REGARDING APPROVAL OF PLANNING AND ZONING DEPARTMENT WORK PLAN FOR FISCAL YEARS 2010/11 AND 2011/12 Acting Planning and Zoning Director Paul Popelka reviewed the Planning and Zoning Department's Work Plan. He highlighted projects, recommended priorities and estimated staff hours to complete said projects. Discussion followed regarding the Work Plan priorities, Arroyo Grande, the General Plan and the Voluntary Green Building program. MOTION: A motion was made by Mayor Loomis and seconded by Councilmember Gillaspie to approve the Planning and Zoning Work Plan with the following changes: Item 1 - Sign Code Update to include any Lighting Code changes Item 2 - Zoning Code update Item 3 - Update Zoning Code Development Design Guidelines and to include any additional recommendations in design guidelines for voluntary "green" ideas and guidelines for water harvesting and to provide recommendations pointing where appropriate to Standards. 03/24/10 Minutes, Town Council Special/Study Session 3 Item 4 -General Plan Update Item 5 - New General Plan Energy and Conservation Elements and remaining items to follow in the order as presented and that Item 8 (Voluntary Green Building Program Certification) and Item 11 (Town Sustainability Plan -Green Team) be removed from the Work Plan. MOTION carried, 6-0. MOTION: A motion was made by Councilmember Carter and seconded by Councilmember Gillaspie to adjourn the Special Session at 7:15 p.m. MOTION carried, 6-0. Mayor Loomis recessed the meeting at 7:15 p.m. The meeting resumed at 7:20 p.m. STUDY SESSION-AT OR AFTER 6:00 P.M. CALL TO ORDER- 7:20 p.m. ROLL CALL PRESENT: Paul Loomis, Mayor Kenneth "K.C." Carter, Councilmember Barry Gillaspie, Councilmember Salette Latas, Councilmember Mary Snider, Councilmember Patricia Spoerl, Councilmember EXCUSED: Bill Garner, Vice Mayor 1. UPDATE REGARDING THE TOWN ENERGY EFFICIENCY CONSERVATION IMPLEMENTATION STRATEGY REPORT Conservation & Sustainability Manager Bayer Vella presented an update on the Energy Efficiency Conservation Implementation Strategy Plan. He reported that this project would help reduce the Town's energy demands and replace aging capital equipment in a fiscally responsible manner utilizing Energy Efficiency Conservation Block Grant monies. Mr. Vella then highlighted the following: -Solar production and energy efficiency: - Town Hall complex -covered parking with solar elements - Replace light bulbs, HVAC equipment, water conservation fixtures, Town building energy management (controls, low-E window film), pool solar heating, street lighting, etc. -Challenges to solutions: - Grant approval - Performance contracting: Tucson Electric Power (TEP) solar rebate ($1.7 million dollar rebate confirmed) - CREBS Energy Bonds (Clean Renewable Energy Bonds) - expecting a 1- 2% interest rate 03/24/10 Minutes, Town Council Special/Study Session 4 - Municipal Tax lease financing vs. Cash Reserve (most recent bid is 4.9%) -Aim is to have no fiscal impact to the General Fund. 11. IMPLEMENTATION: Achievements STRATEGY ITEM ATE ACHIEVED Town Council Approval of Strategy '11/18/09 jSubmittal of Strategy to Dept. of Energy 12/03/09 Dept. of Energy approval of Strategy 03/01/10 Application for Tucson Electric Power Solar Rebate 12/30/09 Solar Rebate Approval 03/04/10 I Contract Review and Negotiations 95% jFinance Research & Market Quotes NEXT STEPS STRATEGY ITEM 'TARGET DATE •wvnr.�..n .. ....:...:.......w+.•....._.w...n ... .... ..... .... .. +:w:wr::.:..-.....:...:..........wi.. .. ........n wn.v....n..w: � ._...:.-..w._r ..... .n...... ............ ......_»..._.._. ._www....._ Research new jobs Legislation & Finance rApril Town Council Review: Finance Vehicles 15/05/10 DRB: Architecture and Landscape review 5/11/10 Contract with APS Energy Solutions 15/12/10 Final Plans: Technical Design and Engineering and '• 6/11/10 Building Permits TEP Deadline: Building permit for solar 17/13/10 ....... :........... Construction start 7/15/ 100% construction complete .2/15/11 Mr. Vella further explained that Town staff was in contract negotiations with Arizona Public Service (APS) but the contract could not be signed until financing was in place (Staff and Bond Counsel are currently working on the financing options). He also reported that this item was on the May 5, 2010 agenda for Council's review and approval. Councilmembers Snider and Latas commended staff for their work on this project. 2. COMMUNITY FUNDING AND ECONOMIC DEVELOPMENT Economic Development Manager Amanda Jacobs presented the Community Funding background: September 2001 - Community Funding process approved November 2009 - Community Funding suspended January 2010 - Study Session requested to discuss Community funding and economic development March 24th Study Session - Determine if future funding for the economic 03/24/10 Minutes, Town Council Special/Study Session 5 development partners should be considered within the annual Community Funding process, or become a separate discussion and if funded, become a dedicated line item within the Economic Development Division. Ms. Jacobs reviewed the three current financial participation agreements and the positive and negative impacts to the Town by not funding the Economic Development partners in fiscal year 2010/11: -CRITICAL PATH INSTITUTE (C-Path) - 5 year contract ends June 30, 2010, so the Town saves $25,000 (C-Path was not going to request any more funding). METROPOLITAN TUCSON CONVENTION & VISITORS BUREAU (MTCVB) POSITIVE IMPACTS: - Town would save $72,000 - Hilton El Conquistador Resort would receive $179,280 in fiscal year 2010/11. This Economic Development Agreement expires September 1, 2011. NEGATIVE IMPACTS: - Hilton El Conquistador Resort estimates that they would lose 20% of their business. MTCVB would no longer market the Resort. - MTCVB budgets $1 million to market tourism in the region whereas the Town budgets $60,000 for all economic development marketing efforts. TUCON REGIONAL ECONOMIC OPPORTUNITIES, INC. (TREO) POSITIVE IMPACTS: - Town would save $40,000 NEGATIVE IMPACT: -TREO budgets $1 million to market the region whereas the Town budgets $60,000 for all economic development marketing efforts. BED TAX ALLOCATIONS: Total expenditures for fiscal year 2009/10 are $479,000: - $282,000 budgeted for Hilton El Conquistador Resort - $60,000 budgeted for Economic Development marketing - $25,000 budgeted for C-Path - $72,000 budgeted for MTCVB - $40,000 budgeted for TREO Ms. Jacobs presented options for Council consideration: Option 1 - Maintain the suspension of the Community Funding. The Town would realize a savings of$137,000. Option 2 - Consider funding MTCVB and TREO at current levels. Total expenditures would be $112,000. Any approved funding would have to come out of the Bed Tax Fund cash reserves or a reduction to the $700,000 in bed tax funds to be used to subsidize the General Fund in fiscal year 2010/11. Lynn Erickson, General Manager of the Hilton El Conquistador, commented that he met with Jonathan Walker from MTCVB. He explained that Mr. Walker stated that they would terminate leads for all Oro Valley hotels if the Town no longer 03/24/10 Minutes, Town Council Special/Study Session 6 funds MTCVB. He also provided statistics regarding funding from Oro Valley, the City of Tucson and Pima County and stated that MTCVB's primary funding comes from governmental entities. Discussion followed regarding MTCVB's memberships, separating economic development investments from community funding and evaluating events based on what they bring to Oro Valley. Mayor Loomis opened the floor for public comment. John Musolf, Oro Valley resident, agreed that economic development agreements are sometimes a good thing (increase sales tax and bed tax, create jobs). He also commented that he felt that the MTCVB, TREO and C-Path performance measures should be revised before any further funding is approved. Bill Adler, Oro Valley resident, stated that funding economic development in the Town was imperative and that these agreements should be separate from Community Funding. He felt that the problem was with the performance measures and results and felt that they needed to be more specific. He also commented that rather than funding organizations that are reluctant or unwilling to provide specifics regarding performance measures, he would be interested to see what the Town could do "in house" and suggested that staff consider this option. Lynn Erickson, General Manager of the Hilton El Conquistador, recommended that funding for economic development be a dedicated line item to provide a funding mechanism for those organizations that enhance the economy of Oro Valley (measured by their ability to increase revenue for Oro Valley or provide jobs). He further provided statistics highlighting tax dollars collected and revenue generated due to the leads provided by MTCVB. He encouraged Council to consider that economic development was essential to provide for the Town. David Welch, Oro Valley resident and representing TREO, encouraged Council to consider economic development line items and community funding items separately. He stated that the evolution of TREO as a public/private partnership continues. He also commented that they are currently working on engaging the private sector to match the public sector's contributions. Mayor Loomis requested that staff bring back a Resolution for consideration regarding identifying economic development investments and community funding as two separate elements in the budget. 3. Future Agenda Items - No further items presented. "o► 03/24/10 Minutes, Town Council Special/Study Session 7 ADJOURNMENT MOTION: A motion was made by Councilmember Carter and seconded by Councilmember Snider to adjourn at 8:40 p.m. MOTION carried, 6-0. Prepared by: Roxana Garrity, C M C Deputy Town Clerk I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Special/Study session of the Town of Oro Valley Council of Oro Valley, Arizona held on the 24th day of March 2010. I further certify that the meeting was duly called and held and that a quorum was present. Dated this day of , 2010. Kathryn E. Cuvelier, CMC Town Clerk .,.,. MINUTES ORO VALLEY TOWN COUNCIL STUDY SESSION March 31, 2010 ORO VALLEY COUNCIL CHAMBERS 11000 N. LA CANADA DRIVE STUDY SESSION CALL TO ORDER - at 6:01 p.m. ROLL CALL PRESENT: Paul Loomis, Mayor Bill Garner, Vice Mayor Kenneth "K.C." Carter, Councilmember Barry Gillaspie, Councilmember Mary Snider, Councilmember Pat Spoerl, Councilmember EXCUSED: Salette Latas, Councilmember Mayor Loomis called for a moment of silence in memory of Oro Valley Police Sergeant Doug Reedy. 1. Follow-up from Budget Retreat - Water Utility Water Utility Director Philip Saletta presented an overview of the item. He noted that the Oro Valley Water Utility (OVWU) had doubled in size over the last 15 years. He reviewed current staff levels Administration 3 ;Customer Service/Meters/Conservation ;�12 Engineering and Planning 6 ;Production and Distribution 15 iTotal Employees '136 • Operators and meter readers were certified o Cross functional o On-Call 24/7 Operation • • Average employee has 7.6 years of service with the Town • $1.7M invested in training He reviewed the Customer Service statistics for 2009, noting that there were 18,401 connections for a population of 48,600. He explained OVWU's efforts regarding water conservation: • Free water audits o 179 audits in 2009 which save water and money 3/31/2010 Minutes, Town Council Study Session 2 • Provide education and information to the public • Drought Preparedness Plan • Water Conservation Plan in compliance with State regulatory requirements He reviewed the 2009 statistics for Water Supply & Usage • Potable Water o 6.95 million gallons per day o Average customer used 8,000 gallons per month • Reclaimed Water o Five golf courses used 642 million gallons per year • Water Rates o Average monthly water bill was $38.50 o Four-tier rate structure o Groundwater Preservation Fee for protecting aquifer by developing renewable water sources Mr. Saletta reviewed the following categories: 4 • Water Management o Assured Water Supply Designation from the State • Must report the Town's water usage annually • Groundwater reporting and replacement • Must replace or replenish all groundwater usage o Groundwater Allowance Account o Recharge o Recovery Wells o Central Arizona Groundwater Replenishment District o Total cost to recharge and meet regulatory requirements was $1.8M in Fiscal Year 2009/10 • Financial Management o Assets valued at $98,436,162 o Enterprise fund o Alternative Water Resources Development Impact Fee (AWRDIF) fund o Potable Water System Development Impact Fee (PWSDIF) fund o No burden to General Fund o Bond rating is AA- o Debt Service Management • Existing Debt • Debt Reduction • WIFA loans • Future Water Supply o Protect and preserve aquifer • Reduce groundwater demand o Use more reclaimed water for irrigation • 20% of deliveries o Develop Central Arizona Project (CAP) water • Water treatment and delivery system 3/31/2010 Minutes, Town Council Study Session 3 ,, o Growth pays for itself through water impact fees o Existing customers pay Groundwater Preservation fee • FY 2010/11 Proposed Budgeted Expenditures imEnterprise Fund $17 390 490 rAWR D I F....Fund u n d _....__ ..._..__.__..._... .___. _._._.__.._..._w w...._.._. . . ...... _.._._. ._.._ _.._...w_ __w.. _......._... _,,.___.... . .___.w..._..._ 3...199,578 1$ { PWSDIF Fund $ 4,069,671 . ...:.. . . . TOTAL $24,659 739 • Enterprise Budet _ S FY 2010/11 Proposed Enterprise Budget }Revenues '$14,092,000 [Expenditures (Excludes de reciation & amortization) $14 478 402. .1 ____./................................................................., FY 2009/10 Enterprise Budget I ... : ..... . . ... .. . Budgeted Expenditures $17,680,739 Projected Expenditures (Excludes depreciation & amortization) $16732018 z Budget Reductions ................ ...... 18.1% compared to FY 09-1_ _�.....�._...�._..__......._.____....._._.�___w...._______.__�.__�....,._�.__ p Budget 13.5% compared to FY 09-10 Projected Expenditures • Water Utility Enterprise Fund FY 10-11 Budgeted Expenditures O Overall reduction of 1 .1 1 EOY) 8 0 ( 5 0 $4,349,000 :'Reduction $1,960,500Capital Projects (30%) i ° ) 1 $3,083 970 $3688788 Debt Service (21%) Reduction $1,042,278 i(54.5° 0 EOY) ...... ...................... $2,442 957 !Reduction $ 46,238 Personnel (17%) ...:....:.. ........ ,All Other Operations & $1 ,411 ,415 Reduction $ 95,286 , Maintenance 1(10%) (6.3%) f =Water Resource $1 320 540 Reduction $ 33,152 '$ 533,152 'Management j(9%) ( EOY) _i .Power for g Pum in $1,070,520 Pumping Water (7%) 1 r $ 800000 Reduction $ 25,000 ir------I Reclaimed Water (6%) `(3%) I 0 . .......*..... • Water Utility Enterprise Fund FY 10-11 Operations & Maintenance Budget o Overall Reduction of 3.2% (9% EOY) 3/31/2010 Minutes, Town Council Study Session 4 s Water Resource #$1,320,540 Reduction $33,152 $533,152 (28.8% i Mana ement } 9 (29%)92.4%) IEOY Power for Pumping 1 070 520 1 n 'Water (24%) $ 800000 Reduction $25,000 Reclaimed Water (17%) ( 3%) 439 271 Reduction 2 936 Other Operations & $ $ , f Maintenance (10%) _( 0.7%) _$ 332220 ( Reduction $79,056 Plant Maintenance 7%) )1Payments to General $ 284514 ( Reduction $25,000 Fund '6% .1( 8.1%) f 1$ 203,970 ( _1B1i ° 4/°) $ 151,440 ( Reduction $ 8,000 Water Quality 3% 5% ) • Council Policies o Resolution 05-09 .. o Enterprise Basis — Financial o Mayor and Council Water policies 0 "` • Self-supporting enterprise - no monies received from General a Fund d ■ Cost of Service basis • Debt Service coverage ratio of 1.30 ■ Minimum cash reserves of 5% of budget ® Directs staff to review water rates and charges annually and prepare report • Avoid sudden and large scale shifts in rates (rate shock) • Pricing and Rates o Performed preliminary analysis for FY 10-11 o One year analysis - not a 5 year projection o Assumes no base or commodity rate increases o Assumes Groundwater Preservation Fees would increase as planned o Debt service coverage ratio is 1.8 o Cash balance is 42% of budget o Remaining 3 years from 2009 analysis did not indicate rate shock o Based on 2009 analysis - rate shock avoided without base and commodity rate increase Mr. Saletta sought direction from Council regarding the budget, reductions, water rates analysis, and the Groundwater Preservation fee. Discussion noted the following: 3/31/2010 Minutes, Town Council Study Session 5 • The CAP pipeline timeline may be delayed to 2016 o Proceeding with the design • The partners (for the pipeline) are in agreement with the delay due to the current economic climate • It was anticipated that the cost will remain flat for now 2. Follow-up from Budget Retreat - Parks & Recreation Department Parks and Recreation Director Ainsley Legner presented an overview of the department: DIVISION NUMBER OF STAFF 'Administration i3 Full time `Parks 7 Full time; 2 Part time Aquatics 1 Full time Part time and or Seasonal Recreation12 Full time; 30 Seasonal t Trails 11 Full time She reviewed the divisions: • Administration Division o Total budget: $675,958 o Parks and Recreation Advisory Board (PRAB) support o Departmental support yaw o Ramada, tennis and racquetball court reservations and scheduling o Activity and pass registrations o Software and website management o 3 Employees • Aquatics Division o Total budget: $471,857 o Facility management and scheduling o Pool maintenance o Swim lessons o Fitness programs o Special events o 8.55 Full time employees o Serves two schools and multiple teams throughout the year o Annual revenue from swim lessons is less than revenue from swim teams o Began closing on Sundays on November 22, 2009 to cut costs ■ After Memorial day, the pool will re-open on Sundays o Cancelled diving events to save $32,000 Ms. Legner ranked the aquatics programs in order of importance to the public. She noted that the areas used to deduce the ranking order were: safety, health, fun and profitability. The priorities were as follows: 1) Swim lessons 3/31/2010 Minutes, Town Council Study Session 6 2) Aqua fitness 3) Adult swim for fitness 4) Water Polo Ms. Legner addressed the following: ♦ Attendance levels had not changed despite the new fee increases implemented in January 2010 ♦ Cost recovery for Swim lessons was at 15% for FY 2008-09 and included all administrative overhead o July 2009 through February 2010, the division tracked at 165% of where the department was last year at this time ■ A better cost recovery rate had been attained with the new fees • The benefits to annual contracts with private swim teams were: o The teams would be guaranteed a minimum number of lanes o The Town would be guaranteed a minimum amount of revenue ♦ Annual contracts would be available to all swim teams in FY 2010-2011 ♦ New programs at the pool such as rehabilitation programs would require more staff o The pool lacked availability and was not feasible at this time ♦ The feasibility of the capital improvements necessary to make the facility more suitable for regional events would be assessed in the Department Management Study She reviewed the remaining divisions: o Recreation division o Total budget $398,896 o School break programs for children ■ Moved program from Amphitheater schools to a private school to cut costs o Recreational programs and classes ■ Decline in attendance for summer programs last year ■ 50% decline in the 2009 summer camp attendance o Ball field management ■ No declines in usage with higher fees o Sports league o Special events o 6.1 Full time employees ♦ Parks division o 29% of department budget o Total budget $648,995 o Landscape maintenance ■ Saved $102,000 over the last two years by eliminating the contractor ■ Maintenance performed by Town staff o Parks facilities - maintenance, renovation and repairs o Turf management 3/31/2010 Minutes, Town Council Study Session 7 o Irrigation projects o 8.4 Full time employees • Trails division - 3% of department budget o Total budget - $72,514 o Grants o Implementation of the Trails Plan and Pedestrian & Bicycle Plan o Cross Jurisdictional Alternate Mode Planning o Adopt-A-Trail o Development review o Public Information, safety & instructional programs o 1 employee • Volunteers o Total number of volunteer hours - 2,750 o Total cost savings - $33,000 Discussion noted the following: • Ramada fees were adjusted for James D. Kriegh (JDK) Park only o The funding for Riverfront Park called for different guidelines regarding fees o Ms. Legner stated that she provide the fees for ramadas at JDK Park for Council at a later date • Non-residents did not participate in summer camps last year, therefore facility usage fee statistics were not available for that demographic o The program will continue in June if approved in the budget • The decrease in summer camp participation was due to the increase in user fees o Changes to reduce the cost to the end user and maintain cost recovery were in progress • Contracts for swim teams would not be mandated as it could cause a hardship for them; however the opportunity would be offered Ms. Legner stated that she would research the difference in the park fees between JDK and Riverfront parks. She stated that the same fee could be charged for both parks and that the item could be brought back before Council for an implementation date of July 1 , 2010. 3. Discussion on Transit Services - Coyote Run Options due to loss of Local Transportation Assistance Funding (LTAF) Transit Administrator Aimee Ramsey presented the item. She discussed the Local Transportation Assistance Fund (LTAF) I and II: • Funds derived from the Arizona State Lottery • Funds were distributed to all cities and towns based on a population formula • The State permanently repealed LTAF I and II for the remainder of FY 2010 and FY 2011 She presented 3 Basic General Fund Options: 3/31/2010 Minutes, Town Council Study Session 8 „Options tGeneral Fund Increase/Decrease :Option 1 - Increase contribution l$483,400 $ 181,400 Option 2 - Continue existing contribution i$302,000 i$ 0 - Eliminate Contribut I o n i$ $<302,000> 0 Option 3 • Option 1 - Increase Contribution Service Characteristics o Continue service with adjustments o Riders that are ADA certified must use Handi-Car for trips outside of Oro Valley o Primary Riders: Target 65 riders per day • Seniors 62+ and disabled (non ADA) o No reduced fare program o Hours of operation limited • Zone A 8:30 a.m. to 4:30 p.m. • Zone B 9:00 a.m. to 4:00 p.m. • Zone C 9:30 a.m. to 3:30 p.m. • Option 2 - Existing Contribution Service Characteristics o 50% Service Reduction o ADA certified riders must use Handi-car o Seniors 62+ and disabled: Target 40 riders per day • Zone B & C for medical services only o No Reduced Fare Program o Work force reduction to reflect new service levels • 5 Full Time Employees o Public hearing required o Hours of operation limited: • Zone A 8:30 a.m. to 4:30 p.m. • Zone B 9:00 a.m. to 4:00 p.m. • Zone C 9:30 a.m. to 3:30 p.m. o Coyote Run service area would be efficient and effective • Maximize resources • Drivers • Buses • Regional services • Option 3 Eliminate Funding - No Coyote Run/Town Transit Services o Transportation for Seniors and Disabled without mobility options • 40-45 riders per day o Disposal of Transit Vehicles required o Public hearing required Ms. Ramsey summarized: • LTAF loss is State wide • Demand for transit service is not diminished but has increased every year • Coyote Run is an award winning service and the life line to many Oro Valley residents 3/31/2010 Minutes, Town Council Study Session 9 • Her recommendation was to increase funding and continue service o Develop budget under Option 1 o Continue cost containment o Develop Public Outreach program - make the public aware • Fare change proposal • Service hours and constraints • ADA transportation o A public hearing is not necessary; should set up town meetings o Implement July 1, 2010 Discussion ensued regarding: • LTAF funding does not affect Handi-car but will affect SunTran and SunVan • The Town of Marana's impact will be $200,000; the same as Oro Valley • Service for north of Tangerine Road is projected for 2012 • Last year, Coyote Run had 85-100 trips per day; currently at 65 trips per day • Handi-Car expansion had been funded through the Regional Transportation Authority (RTA) • 109 residents in Oro Valley were ADA certified o 30 of which, reside north of Tangerine Road • Variables in the options can be changed • A baseline option was needed so that adjustments could be made Interim Town Manager Jerene Watson informed Council that currently she would not recommend Option 1 as part of a balanced budget. She noted the only way it „ , could be done would be through the use of Contingency funds. Vice Mayor Garner stated that he was in favor of blending the options. Oro Valley resident John Musolf stated that on February 2010, this item was presented. He stated that Coyote Run was a discretionary service and that an enterprise fund was not a viable option. He recommended that a public hearing should be held to determine which option the public preferred. He stated that a decision with options needed to be made. Oro Valley resident Bill Svetlik stated that his daughter used Coyote Run to get to work. He explained that cab services were often 30-40 minutes late whereas Coyote Run's services for the disabled were punctual. He suggested enacting an annual fee for the service akin to the Stormwater Utility fee. Mayor Loomis stated that the following information was needed: • The regional impact of the loss of LTAF funds • The status of SunVan • The potential regionalization of transit systems He noted that all of the above should be addressed as quickly as possible and deemed it, "Issue No. 1.” He requested that, as an action item for the Pima Association of Governments (PAG), the Handi-Car service area should be expanded to the Pinal County line. 3/31/2010 Minutes, Town Council Study Session 10 He requested the status of the Town's Contingency fund and budget. He stated that the hope would be to garner funding from PAG within six months and then convert to regional transit. He noted that all of the jurisdictions would have difficulties with funding transit programs. Councilmember Gillaspie stated that the Town needed to work with the Regional Transportation Authority and to consider blending options. He stated that he would consider using Contingency funds in order to provide service to the Town's neediest citizens. It was noted that Coyote Run picks up passengers as early as 15 minutes early and no later than 15 minutes late. It was further noted that by law, there was a 60 minute window for picking up passengers. Mayor Loomis called for a recess at 6:35 p.m. The meeting resumed at 7:41 p.m. 4. Discussion regarding amending Town Council Policy No. 8 - Council Liaison to Boards and Commissions (continued from 01/20/10) Town Clerk Kathi Cuvelier presented the item; listing the issues raised at a previous meeting: • Whether a liaison should have another Councilmember attend in their place • Permanent liaison assignments vs. alternate appointments • Whether it was appropriate for a Councilmember to attend a meeting via telephone New • The process that should a liaison be unable to fulfill their assignment, that liaison must notify the Clerk's office; the Clerk would bring an item before Council to appoint a substitute • Need to address whether a liaison must find a substitute in the event of circumstances that prohibit the liaison from attending a meeting Councilmember Gillaspie stated that the liaison could call the staff involved to make them aware of absence and that it was unnecessary to appoint a second liaison. Mayor Loomis posed three questions: • What should the procedure be if a liaison is ill and cannot attend a meeting? • How should a liaison to a Council subcommittee be replaced if the liaison cannot fulfill the assignment? • Should a liaison attend by telephone? Vice Mayor Garner stated that: • There was no need for a second liaison to be appointed • Liaisons should be able to attend by telephone • The liaison should notify staff when they are unable to attend Town Attorney Tobin Rosen stated that a meeting could be conducted with a quorum of members on the telephone. He noted that it was a matter of logistics 3/31/2010 Minutes, Town Council Study Session 11 and the ability to acknowledge motions and parliamentary procedures; however there was no law against it. Councilmember Spoerl noted that most board and commission meetings were online and typically did not involve time sensitive issues; therefore the liaison could listen to the meeting and then provide input. She further noted that regarding the committee process; if a councilmember could not fulfill their duty as liaison, the appointment should return to Council for approval. Councilmember Carter stated that he was opposed to attending the meetings by telephone. Councilmember Gillaspie stated that the policy should be amended to eliminate the requirement for liaisons to attend meetings. He stated that if the liaison can no longer serve in that position, Council should appoint a new liaison. Mayor Loomis stated that the liaison's purpose in attending was to listen and provide answers to questions. He asked Council to consider whether liaisons to the boards and commissions were necessary. He stated that he concurred with Councilmember Gillaspie that the policy requiring Council liaisons to attend the boards and commission meetings should be repealed. He stated that with regard to Council appointed members to subcommittees, if they be unable to fulfill their duties, the item should return to Council for consideration of a new appointment to that subcommittee. He stated that if there were time constraints then the subcommittee would be less one member. Councilmember Snider confirmed that notice of the vacancy would be given to the Clerk. Councilmember Carter stated that the process was outdated. 5. Future Agenda Items - No items. ADJOURNMENT MOTION: A motion was made by Kenneth "K.C." Carter and seconded by Councilmember Snider to adjourn the meeting at 7:57 p.m. MOTION carried, 6-0. Prepared by: Christina Pickering Senior Office Specialist Item #: B. TC Regular Session Date: 05/05/2010 Coyote Run March 2010 Monthly Report Information Subject Coyote Run March 2010 Monthly Report Attachments Link: Coyote Run March 2010 r o 0 .. v- 1 T- .U = 1 1 I . . 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TC Regular Session Date: 05/05/2010 Requested by: Brian Garrity, Procurement Administrator Submitted By: Brian Garrity, Finance Department: Finance :�:�..�.ww, .a..�w,�x..�..�.,,:. ��:>�.:.,:_..._:h.�.�..�.w.�w�:. �.�. ,:::.«... .:..�...:.�,:�.�. ....�:�.:�...�.m.���.�.�.:.�....�k.H�.�.�..�.��.�,-....aM�.�.�.�:�..�._..�.�.� .a�....^.�.x.���..��.�...H.�..�..�..��...k�xa. .�.%]. :�.�.�:.�: ....w.,� ..�:�.:�.]%.�.��.w:�^�. �.�.��.�..r :�.�..kw. .�..N�...,•. Information SUBJECT: Procurement Division Quarterly Report- January 1, 2010 - March 31, 2010 SUMMARY: Attached is the Quarterly Procurement Activities Report for the period of January 1, 2010 through March 31, 2010. DISCUSSION: NA FISCAL IMPACT: NA CONCLUSION/RECOMMENDATION: For information only. SUGGESTED MOTION: NA %OP Y ... .. ... w... ...:xxaa^>.::».%4`3].]H.'•Sv:•.n»%Sk<»:]. >.x..rtvx`>xMxbku3»»:ebs»ka:xMw•�y.M:]'W>.:`».»4Me>kv.::w:::a%W:.Y::Mi'.<:.Wt'MYR%m»x%w:ex»x>rmw.>%%OPaW.ih�WakC:3:.ue.�W:]`f%Yu]>k]MO]MY...ni.:.KMW.xW.M»W»>.»...».»�v..MW`]e.4.nx.3>.>.x..»s:k..xJ»n.rc>..%>`t>A%NINAz.fA].Ssi.]%N�.^]A]w.w Yc..x..).. R.]:%�.•»].`udM»1gwx�M%M»M%x.:%]:...a%:-w`[x.'..)Sx»WikSAv]A>`n.:rt%ta.>9].e».X-»0.`a.�r.%Onnro.:..:»`..>..:1xC.V...)>o>.N.H.>�>%.c»e`<.%...:.>+..l s:k.]:%>W.NitN.3A3N>N.>F.%: ••• •• •• •••` ••• ,v Attachments Link: Q1 --�-�-. .�.....:,.._..� y.._.. .. � �.�.:�..�....�..�...�...w�rh..�._.�._�.�.:n.�.�_�.��:...�,�...�.�:�.._..�.M�...�...w��..,.H...�...-.�.��w.�.`...%w�._�,�.��.:...:...�.�.�d..k.._d�,....�...�...,.M...K...�..�.. ....�...�..�..N........�..M....��... .�.�......w.�.�.� 4. 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W Q ww cn w a t'S J z w w wr'`'4 tt OC 0 Z p r: ''' H Q0 I w >- 2p 0 � 5 CL o °D = z � Qp I LL Z o W J p cn O W 1- r .O Z W f- Q ~ � U � 'v -J LJ1 Z w �' N a_ U cn QO WZ tt a, fti `4%4 Q Q u- w w ~ p w �� p p � � Z2 3:: Q — Q w 3: .� Z W 0 p UQ � O o "%i1,4 Q 0 — < o 'ItKcc cr :,.. O ;-• ti oo rn o 0,.fZ 4., „p O ,V Z OOO OO OO OO OO CNI CO . 411111W it II f:; i O s O 4 � O vi O co tc 0 0 or':'eV O .Z .a O 0 N �:N Z N N 4, `° ct s; arc CZ It '''1:, U V) V) M 'Ar' fiy 'ELi. I.i ‘110,' 0 0 0cc LU 0. ,.. ?. F-- a... 0 0 0 < i 1 p, J J J c4 co 03 CO a_ a. a. F-- U) Z F- W W W U O W 2 CLZ 0 HQ LI _ 0 * a. 111,--- CC F- 0 W F- 0 CO W W Q D Z O O� U Q u_ >- cn OC C W � Z ; >- g _ a w O O U) W a Z 1— __, fir. > Q 0 W W Z Li. S. O . CC JW CCW W � Q > O o � WZ > O W w Q OW OCt 2 tN E = Q > O o0 �' NNa_ 2Q O2 a_ o z o CO CO O O O Ort, ,V Z O 0 O O Item #: D. TC Regular Session Date: 05/05/2010 Requested by: Aimee Ramsey, Transit Services Administrator Submitted By: Aimee Ramsey, Transit Services Department: Transit Services ..r...,., �.....r.�.�... ..:r:.�.......:......a.�...au.....a.�.......�...�...:.. ..�..:�.:.a.�a.. �......_.. w.�..�:..^......M. .,...n.... ....n..�.........r�..::.......,�..::N.�.M.....�� .. :........,.. �.�:.�.....,.�..:..�...w:..:..Y. :...x. :..K..�.:.�..�.....K...�:nr. ..:�:... . Information SUBJECT: Resolution No. (R)10-23, adopting the Town of Oro Valley Department of Public Works Transit Services Division Title VI Policy. SUMMARY: Pursuant to the Town of Oro Valley receiving both Federal Transit Administration (FTA) and Arizona Department of Transportation (ADOT) funding for transit services, both FTA and ADOT mandate that all entities receiving such funds, adopt a Title VI Policy ensuring the delivery of equitable and accessible transportation services. Coyote Run recognizes its responsibilities to the community in which it operates and to the society it serves. Therefore, it is necessary to adopt the Town of Oro Valley Department of Public Works Transit Services Division Title VI Policy to continue to provide access to various grant opportunities. This policy is a required document to all FTA and ADOT grant applications. DISCUSSION: The Town of Oro Valley has a transit service for elderly and disabled residents, Coyote Run. The transit service provides trips to Oro Valley residents who are 62 years of age and older, transportation dependent and/or who are disabled. The Town of Oro Valley has facilitated this service since October 1996. The Town of Oro Valley receives FTA funds to meet vehicle replacement demands as well as 5310 ADOT funding. In addition, the Transit Services Division applies for and receives monies from the Local Transportation Assistance Fund II (LTAF II) for operations of Coyote Run. Therefore, the Town of Oro Valley as a sub-recipient of FTA funds and a recipient of ADOT funds is required to have a Title VI Policy for its transit division. FISCAL IMPACT: The Transit Service Division already follows and applies all Title VI regulations. This policy formalizes Coyote Run's current unwritten policy and therefore no cost is associated with its implementation. CONCLUSION/RECOMMENDATION: It is the recommendation of the Transit Services Administrator to adopt Resolution No. (R)10- 23, the Town of Oro Valley Department of Public Works Transit Services Division Title VI Policy. SUGGESTED MOTION: I move to adopt Resolution No. (R)10- 23. OR I move to deny Resolution No. (R)10- 23. Attachments Link: Title VI Resolution Link: Title VI Policy Transit Services �..N.�...�......a.....�.....�.....,.-..... ......,........b.._.......-._..._.�.w.. .....�w_�.. .......... .......µ....�__..... ....n._.. _M......µ..n...._...�.,..:..ro.�.. ......... 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(R) 10- 23 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, ADOPTING THE TOWN OF ORO VALLEY DEPARTMENT OF PUBLIC WORKS TRANSIT SERVICES DIVISION TITLE VI POLICY REGARDING DISCRIMINATION WHEREAS, the Town of Oro Valley is a political subdivision of the State of Arizona vested with all associated rights, privileges and benefits and is entitled to the immunities and exemptions granted municipalities and political subdivisions under the Constitution and laws of the State of Arizona and the United States; and WHEREAS, Title VI of the Civil Rights Act of 1964 states that no person in the United States shall be denied benefits or be subjected to discrimination under any program or activity receiving Federal financial assistance; and WHEREAS, both the Federal Transportation Authority and Arizona Department of Transportation require that any entity requesting funds for transit services adopt a Title VI Policy; and WHEREAS, although the Title VI Policy is in place in the Transit Services Division, the Policy has not been formally adopted by the Town; and WHEREAS, it is in the best interest of the Town to adopt the Town of Oro Valley Department of Public Works Transit Services Division Title VI Policy, attached hereto as Exhibit "A" and incorporated herein by this reference. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Oro Valley,Arizona, that: 1. The Town of Oro Valley Department of Public Works Transit Services Division Title VI Policy, attached hereto as Exhibit"A", is hereby adopted. 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 Policy. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona,this 5th day of May , 2010. TOWN OF ORO VALLEY Paul H. Loomis, Mayor R:\Title Vl\Resolution.doe Town of Oro Valley Attorney's Office/ea/022510 41111ar ATTEST: APPROVED AS TO FORM: Kathryn E. Cuvelier, Town Clerk Tobin Rosen, Town Attorney Date Date ‘Nor Exhibit "A" TOWN OF ORO VALLEY TRANSIT SERVICES DIVISION COYOTE RUN TITLE VI POLICY Title VI of the Civil Rights Act of 1964 states the following: "No person in the United States shall, on the grounds of race, color or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance." Coyote Run as part of the Town of Oro Valley Public Works Transit Services Division, is committed to a policy of non-discrimination in the conduct of its business, including its Title VI responsibilities - the delivery of equitable and accessible transportation services. Coyote Run recognizes its responsibilities to the community in which it operates and to the society it serves. It is Coyote Run's policy to utilize its best efforts to assure that no person shall, on the grounds of race, color, or national origin, religion, sex, disability, age, sexual and/or affectional preference and marital status, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under its program of transit service delivery and related benefits. Toward this end, Coyote Run's is committed to complying with the requirements of Title VI in all federally funded programs. Submitting a Title VI Complaint Any individual who feels they have experienced unlawful discrimination under Title VI can submit a complaint at no charge. All complaints must be submitted in person or by mail within 90 calendar days of the alleged incident. For your convenience, visit Coyote Run's main office or download the Discrimination Complaint Form online. To submit the completed Complaint Form: By mail: In person: Town of Oro Valley Town of Oro Valley Transit Service Division Transit Services Division 11000 N La Canada Dr 12941 Pusch Mountain View Ln Oro Valley, AZ 85737 Oro Valley, AZ 85755 For questions only: By mail: In person: By phone: Town of Oro Valley Town of Oro Valley Aimee Ramsey Transit Service Division Transit Services Division Transit Administrator 11000 N La Canada Dr 12941 Pusch Mountain View Ln (520) 229-4980 Oro Valley, AZ 85737 Oro Valley, AZ 85755 Town of Oro Valley Transit Services Division Title VI Policy Page By e-mail: The completed Discrimination Complaint Form will not be accepted via e-mail as the Form is confidential information. Discrimination Complaint Guidelines In order for Coyote Run to investigate a complaint filed, the following guidelines must be met: • The issue must be one of discrimination, and specific criteria must be met to in order for Transit Services to investigate the charge of harassment, discrimination and/or retaliation. • Assess if your complaint clearly articulates that a discriminatory practice and/or act has occurred against you. It is necessary to show that persons of a different group than yours (race, religion, color, sex, age, national origin, disability, sexual or affectional preference, or marital status) have been treated in a manner different from you and that the difference in treatment has had a negative impact on your employment or in the refusal or restriction of a facility or service. • The complaint must be filed within 90 calendar days from the date of the alleged discriminatory act. Completing the Discrimination Complaint Form The following information is provided in an effort to assist you in the completion of the discrimination complaint form. • Complete all sections of the applicable complaint form and either print or type the complaint information. In completing the form, please provide clear and concise information when describing the alleged discriminatory practice(s) and/or act(s); the dates of the alleged discriminatory practice(s) and/or act(s); and witnesses to such practice(s) and/or act(s). Incomplete forms will be returned without further processing. • Your signature must be notarized, where indicated. Non-notarized Discrimination Complaint Forms will be returned without further processing. • Please submit the completed form to the Town of Oro Valley Transit Services Division at the address shown on Page 1 . Your complaint will be reviewed and a response will be sent to you. Please note that the review process may take several weeks. You will be notified by mail of the status of your complaint. • Should you have any additional questions regarding the complaint form, you may contact the Transit Services Administrator at Coyote Run. R:\Title VI\Title VI Policy_APRIL 2010_APOPTED.doc Date: April 7, 2010 • MINTown of Oro Valley Transit Services Division Title VI Policy Page LIMITED ENGLISH PROFICIENCY POLICY STATEMENT AND AVAILABLE RESOURCES Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d, et seq., provides that no person shall be subjected to discrimination on the basis of race, color, or national origin under any program or activity that receives Federal financial assistance. Title VI and its implementing regulations require that FTA recipients take responsible steps to ensure meaningful access to the benefits, services, information, and other important portions of their programs and activities for individuals who are Limited English Proficient (LEP). To that end, Coyote Run provides translation and interpretation services free of charge upon request by calling (520) 229-4990. R:\Title VI\Title VI Policy_APRIL 2010_APOPTED.doc Date: April 7, 2010 Item #: E. TC Regular Session Date: 05/05/2010 Requested by: Daniel G. Sharp, Police Submitted By: Colleen Muhr, Police Chief Department Department: Police Department Information SUBJECT: Resolution No. (R) 10-24, approving an Intergovernmental Master Agreement between Pima County and the Town of Oro Valley for joint use of facility space SUMMARY: In December 2003, The Pima County Sheriff's Department joined with 31 other public safety entities within Pima County in a collaborative effort to present a plan for a regional public safety communications system. The project is called the Pima County Wireless Integrated Network (PCWIN). In 2004, voters approved a $92 million bond initiative for the development, procurement, implementation and management of the regional public safety radio system to improve coordination of public safety services. The mission of the PCWIN project is to design, procure, deploy and operate a countywide public safety voice communications network; improve public safety radio interoperability; and to design, construct and operate a countywide communication center and emergency operations center. DISCUSSION: Interoperability has been heightened as a nationwide concern since the national terrorist attacks of 9/11. Public safety agencies across the state are often hampered in communications with one another because they are not on the same bandwidth or frequency in their operational communications. The State of Arizona and as well as counties across the state have tried to address this dilemma for nearly a decade. Jurisdictions within Pima County recognized the need to put a system in place, at least countywide, that allowed for police, sheriff, emergency and fire entities, municipal and county jurisdictions to be able to communicate with one another. PCWIN is intended to provide this ability through the platform system that County voters paid for. The success of this project depends largely in part upon the cooperating jurisdictions throughout Pima County. In order to have minimally acceptable coverage, it is important to strategically place the required equipment throughout the region in accordance with the technical developers. The site at the Oro Valley Police Department was chosen for the ability to provide adequate coverage to the terrain in the northwest portion of Pima County and the proximal distance to appropriate technological infrastructure (OVPD Communications Center). This will facilitate more coverage in technology for not just governmental agencies, but allows us to place other communication dishes on the tower which will enhance coverage for cell phones providing wider coverage across current dead spots. Cell phone providers do pay for the right to place their equipment on towers within our Town FISCAL IMPACT: The electricity we are using for our current radio system is equivalent to what will be required for this tower and when the cross over occurs to the PCWIN, there would be no expected increase in cost. CONCLUSION/RECOMMENDATION: Acceptance is recommended. SUGGESTED MOTION: I recommend that Resolution No. (R) 10- 24, be adopted. ....w.....r...._......,._ra.....R.....�...,.................. ..�... ...,..:.... .4._..:..w..._n......:w......_....._......._w._.............__..........�.......�.M_.r.�_....._..T....u......M......w........A_....v_..r..... ....._.:. h..... .....uv.........w..w.........�...._. ......T...... Attachments Link: Resolution ‘tor Link: IGA Link: Site-Specific Supplemental Agreement cirA..x.%a+%N>`xx�»xxhWA^.�.%..M...hv».�%axtaxCNA..%)%,»>:..w...eav+>x>.v:s>.>..eau.x.>..v.f4.%ff»efW%>.#ay.xq..a!:.%%Y.O.W)...»au....AxC........FHfC�.aw»%s.NN:uW»».W.WpM.f....xH%.:x...N.».-M.xs»A...............rY.os.',.M.twn.rtn w.t...<%.. �:.r:..-..».>x>...r..%�:,^Y%»%.ry %A.ax ..`>f. .•. y .. RESOLUTION NO. (R) 10- 24 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, AUTHORIZING AND APPROVING AN INTERGOVERNMENTAL MASTER AGREEMENT BETWEEN PIMA COUNTY AND THE TOWN OF ORO VALLEY FOR JOINT USE OF FACILITY SPACE WHEREAS, the Town of Oro Valley is a political subdivision of the State of Arizona vested with all associated rights, privileges and benefits and is entitled to the immunities and exemptions granted municipalities and political subdivisions under the Constitution and laws of the State of Arizona and the United States; and WHEREAS, pursuant to A.R.S. § 11-952, the Town is authorized to enter into or renew agreements for joint and cooperative action with other public agencies; and WHEREAS, the Town is authorized to establish and maintain the Oro Valley Police Department, pursuant to A.R.S. § 9-240 (B)(12); and WHEREAS, the Town desires to enter into an Intergovernmental Agreement (IGA) with Pima County to design, procure, deploy and operate a countywide public safety voice communications network; and ‘1160, WHEREAS, the communications network facility site will be located at the Town's Police Department for its ability to provide adequate coverage in the northwest portion of Pima County and the proximal distance to the Town's Police Communications Center; and WHEREAS, it is in the best interest of the Town to enter into the IGA, attached hereto as Exhibit "A" and incorporated herein by this reference, to provide for the health, safety and welfare of the residents in the Town of Oro Valley. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Town Council of the Town of Oro Valley, Arizona, that: 1. The Intergovernmental Agreement between the Town of Oro Valley and Pima County, attached hereto as Exhibit "A", for the joint use of facility space is hereby authorized and approved. 2. The Mayor and any other administrative officials are hereby authorized to take such steps as necessary to execute and implement the terms of the Agreement. coo, \\cxicon\AgendaQuick\PackctPrinter\AGENDA\TC\1tem5_1_E_Attl_Resolution.doc Town of Cho Valley Attorney's Office/ca/041410 PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona, this 5th day of May , 2010. TOWN OF ORO VALLEY Paul H. Loomis, Mayor ATTEST: APPROVED AS TO FORM: Kathryn E. Cuvelier, Town Clerk Tobin Rosen, Town Attorney _ Date: Date: (111W \Vexicon\AgendaQuick\PacketPrintcr\AG1:NDA\TC\Item5_1_E_Attl_Resolution.doc Town of Cho Valley Attorney's Office/ea/041410 • • EXHIBIT "A" \\lexieon\AgendaQuiak\PaeketPrinter\AGEMDA\I C ltem5_1_E_Attl Resolution.doc Town of Oro Valley Attorney's Office/ca/041410 (iter INTERGOVERNMENTAL AGREEMENT MASTER AGREEMENT FOR JOINT USE OF FACILITY SPACE BETWEEN PIMA COUNTY AND TOWN OF ORO VALLEY 1. Parties. This Intergovernmental Agreement Master Agreement for Joint Use of Facility Space ("Master Agreement") is entered into by and between Pima County, a political subdivision of the State of Arizona ("County") and the Town of Oro Valley, a municipal corporation ("Town") (County and Town are hereinafter referred to individually as a"Party" and collectively as the "Parties") pursuant to A.R.S. § 11-952 et seq. 2. Definitions. The following words shall have these meanings when used in this Master Agreement: "including" means "including, but not limited to" the specifically enumerated things, states, or actions; "or" means "one or the other or all" of the specifically enumerated things, states, or actions; and "shall" or "will" means the listed duties or actions are mandatory. In addition, the following terms shall have the respective meanings indicated, such meanings to be applicable to both singular and plural forms of the terms defined: 2.1. "Alteration" means rearrangement, modification, improvement, addition, or other alteration or construction changes to the interior or exterior portions of the Space or the Premises, or any part thereof, including improvements to the power systems, air conditioning systems (i.e. HVAC), or other items related to the Space or Premises. %ow 2.2. "Equipment" means Requestor's communications network equipment, including radios, antennas, coax, and other associated support equipment and personal property, as further described in the Site-Specific Supplemental Agreement. 2.3. "License" means a license to use a Space described in a Site-Specific Supplemental Agreement for the Permitted Purpose. 2.4. "License Agreements" means the Master Agreement and the applicable Site- Specific Supplemental Agreement for a Space. 2.5. "Permitted Purpose" means the purpose of placing and operating the Equipment in a Space described in the applicable Site-Specific Supplemental Agreement. 2.6. "Premises" means buildings or communication towers in the State of Arizona that are owned, controlled, or leased by a Party which a Party has requested access to or which is subject to a Site-Specific Supplemental Agreement executed by both Parties. 2.7. "Requestor" means the Party requesting access to the Premises of the other Party. 2.8. "Space" means each individual allowable space (area) located in the Premises for the placement of the Equipment. Space shall include tower space for antennas and coax entry ports. 46, Page of 1 9 Iteri5 1 Jtt2 1GA doc ‘1161P, 2.9. "Space Provider" means the Party receiving the request for access to its Premises from the Requestor. 2.10. "Site-Specific Supplemental Agreement" means the agreement in the form of Exhibit A to be entered into for each license of a Space. 3. Recitals. This Master Agreement is made with reference to the following facts: 3.1. County is implementing a regional public safety communications network known as the Pima County Wireless Integrated Network("PC WIN'). PCWIN will support the wireless voice communications needs of multiple public safety agencies. It incorporates an 800 MHz trunked voice radio system. 3.2. Each Party owns, controls, or has leasehold interests in buildings or communication towers in the State of Arizona, which may be suitable for the placement and operation of telecommunication equipment. 3.3. Each Party desires access to the Premises of the other Party in one or more locations to house their respective communications network equipment. Each Party may be willing to grant the other Party Licenses to use the Space for the purposes permitted under this Master Agreement, and the other Party is willing to receive such Licenses upon terms and conditions in this Master Agreement. 3.4. County is authorized to enter into this Master Agreement pursuant to A.R.S. § 11- 201, et seq. 3.5. Town is authorized to enter into this Master Agreement pursuant to A.R.S. § 11- 952. 3.6. In consideration of the foregoing recitals, the promises, covenants and provisions contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree to the terms of this Master Agreement. 4. General Provisions. 4.1. Master Agreement. Either Party may be a Space Provider or Requestor under this Master Agreement. This Master Agreement sets forth the terms and conditions under which a Space Provider may license a Space to a Requestor. This Master Agreement shall not obligate the Space Provider to license any Space except upon execution of a Site-Specific Supplemental Agreement by both Parties. Upon execution of a Site-Specific Supplemental Agreement by both Parties, the Space Provider shall be deemed to have granted a License. Each Site-Specific Supplemental Agreement sets forth the terms and conditions that will apply to the License, and will be deemed to incorporate the terms and conditions of this Master Agreement. In the event of any conflict or inconsistency between this Master Agreement and the terms and conditions set forth in a Site-Specific Supplemental Agreement, the terms and conditions of the Site-Specific Supplemental Agreement shall govern, but only for the Space identified in such Site-Specific 4iiry Page 2 of 19 items l Att2 GA.doc Supplemental Agreement. 4.2. Placement of Equipment. Space Provider agrees to allow Requestor to place the Equipment in the Space subject to the terms and conditions of an executed Site-Specific Supplemental Agreement. If any Space is within any Premises that are leased, then the applicable License shall also be subject and subordinate to the provisions of the applicable lease, and the Space Provider shall obtain any necessary consent from the landlord. The Equipment shall not exceed the Space requirements and shall meet any other requirements identified in the Site-Specific Supplemental Agreement. 4.3. Condition of Premises. Requestor acknowledges that, except as expressly provided in this Master Agreement or a Site-Specific Supplemental Agreement, Space Provider has no obligation to make any Alteration. In no event shall Requestor or any person acting on behalf of Requestor make any Alteration without the written consent of Space Provider. 4.4. Space License Only. The Parties understand and acknowledge that this Master Agreement and any Site-Specific Supplemental Agreement are not intended to grant a leasehold estate. Any License granted under a Site-Specific Supplemental Agreement shall be and remain a license to use the applicable Space for the Permitted Purpose limited by the terms and conditions of this Master Agreement and the applicable Site-Specific Supplemental Agreement. Requestor acknowledges that it has no rights as a tenant under any applicable laws, regulations, or ordinances. This provision is not intended to limit the obligation of the Parties to comply with the terms and conditions of the License Agreements for a Space. 411tor 4.5. Identification. Requestor shall place a plaque, label or other identification affixed to the Equipment and cabling necessary to identify it as Requestor's, including a list of emergency contacts with telephone numbers. Requestor shall not erect any signs or devices in the interior or exterior portions of the Space or Premises without the prior written consent of Space Provider. 4.6. No Third Party. Requestor shall not provide or make available to any third party any space within the Space without Space Provider's prior written consent. 4.7. Ownership of Equipment. Requestor shall at all times hold and retain legal title to the Equipment. 4.8. Personalty. Equipment placed by Requestor in the Space shall not become a part of the Space, even if nailed, screwed or otherwise fastened to the Space, but shall retain its status as personal property and may be removed by Requestor at any time, subject to the terms of Section 8 below, Removal and Relocation of Equipment. Requestor shall promptly repair at its expense any damage caused to the Space or Premises by Requestor's employees, agents or representatives during the removal of such property. 4.9. Treatment of Requestor Equipment. Except as provided under Section 8.1 below, Space Provider shall not remove any labels from, touch, move, disturb, block access to, rearrange, alter, modify, add to or grant a lien or security interest in the Equipment without 411ir Page 3 of 19 items l f Att2 JGA.doc Requestor's written consent. 4.10. Liens and Encumbrances; Subordination. Requestor shall not, and has no power, authority or right, to create, and shall not permit, any lien or encumbrance, including, without limitation, tax liens and mechanics' liens, on the Space or Premises. In no event shall the License Agreements require a Space Provider to subordinate its interest in the Space or Premises to any person. 4.11. Space Provider's Access to Space. Space Provider reserves the right to access the Space for any reason at any time, including for purposes of inspection and monitoring Requestor's use of the Space. 4.12. Eminent Domain. If any public authority, other than Space Provider, under the power of eminent domain shall take the whole of a Premises within which a Space licensed to Requestor is located, then the Site-Specific Supplemental Agreement with respect to such Space shall terminate as of the day possession shall be taken by such public authority. If any part of a Space shall be taken under eminent domain, other than by Space Provider, either Party shall each have the right to terminate the Site-Specific Supplemental Agreement with respect to such Space and declare the same null and void, by written notice of such intention to the other Party within ten (10) business days after such taking or having received notice of such taking, whichever is later. Space Provider shall attempt to give Requestor reasonable advance notice of the removal schedule. Requestor shall have no claim against Space Provider for full or partial interruption or interference due to any termination, any relocation expenses, or any part of any award that may be made for such taking. 5. Effective Date; Term. 5.1. This Master Agreement shall become effective on the date it is executed by all of the Parties and the last signature is affixed to it ("Effective Date"). This Master Agreement shall be in effect from the Effective Date until it is terminated as provided in Section 6 below. 5.2. The term of the Site-Specific Supplemental Agreement shall begin on the date of the last signature affixed to it, and shall continue until terminated in accordance with this Master Agreement. Notwithstanding anything to the contrary in this Master Agreement, if any Space is within any Premises that are leased, then the term of the applicable Site-Specific Supplemental Agreement shall be subject to the applicable lease. 6. Termination. 6.1. Termination for Cause. Either Party may terminate this Master Agreement, or any Site-Specific Supplemental Agreement, at any time if the other Party, including, its employees, agents or contractors are in material breach of any provision of this Master Agreement or the Site-Specific Supplemental Agreement, and such breach continues uncured for a period of thirty (30) days following receipt of the non-breaching Party's written notice, unless the breach is of such a character as to require more than thirty (30) days to cure, in which event the breaching Party shall be in default only if it fails to (i) initiate the cure within thirty (30) Page 4of19 ite 1 r Atte 'GA.acc days; and (ii) thereafter diligently pursue the same to completion. All rights or remedies of the Parties shall be cumulative, and not exclusive. 6.2. Space Provider as Property Owner. 6.2.1. Right to Transfer Ownership. The Space Provider as owner shall have the right to freely assign, encumber, sell, lease or otherwise enter into transactions involving the Premises, subject to Section 6.2.2 below. 6.2.2. Continued Use of Space. If any Premises are sold, assigned or otherwise transferred (collectively a "Transfer") to a third party (the "Transferee"), and the Space continues to be located at the Premises after the Transfer, then in such event, the Transfer shall be subject to the right of Requestor to continue to use the Space, provided that Requestor agrees to pay market rent for the Space, if requested by Transferee. For purposes of this Section, if Requestor and Transferee are unable to agree on the market rent, then they shall appoint a qualified appraiser mutually agreed upon to value the rent for the Space. In the event that the Requestor and Transferee are unable to agree as to an appraiser, then they shall each appoint their own appraiser, and the appraisers so appointed shall name a third appraiser. Each such appraiser shall then independently value the rent, and the value shall be the average of the values of the three appraisers. The appraised value reached by said appraiser, or the average of the three appraisals, shall be conclusive. The total cost of the appraisal shall be paid fifty percent (50%)by the Requestor and fifty percent(50%) by the Transferee. (kW 6.2.3. Notice by Space Provider. In the event of a Transfer and the Transferee intends to remove the Space and terminate the use of the Premises for Space, then the Space Provider and/or Transferee shall notify Requestor, in writing, at least one hundred eighty (180) days before the intended termination date, or as soon as reasonably practical. 6.3. Premises Lease Termination. If any Space is within any Premises that are leased, and said lease is terminated for any reason, then the applicable Site-Specific Supplemental Agreement shall terminate, and Space Provider shall have no further obligations under said Site- Specific Supplemental Agreement. In the event a lease of Premises is terminated by Space Provider, it shall notify Requestor, in writing, of Space Provider's intention to terminate at least one hundred eighty (180) days before its intended termination date, or as soon as reasonably practical. If the termination of a lease of Premises is by the lessor, Space Provider shall notify Requestor within ten (10) days after Space Provider knows of the Lessor's intention to terminate. Upon receiving a notice of termination from Space Provider, Requestor shall have the right to contact the lessor directly and enter into an arrangement with the lessor for the use of the Premises. 6.4. Termination Under Other Provisions of this Master Agreement. 6.4.1. Either Party may terminate the applicable Site-Specific Supplemental Agreement as provided under Section 24.1 below. 6.4.2. Space Provider may terminate the applicable Site-Specific Supplemental 41111, Page 5 of 19 Items 1 J iJtt2 IGA.dec Lor Agreement as provided under Section 8.1.3 below. 6.4.3. Requestor may terminate a Site-Specific Supplemental Agreement at any time in accordance with section 8.2 of this Master Agreement. 6.5. Termination for Conflict of Interest. This Agreement is subject to cancellation within three (3) years after its execution pursuant to A.R.S. § 38-511 if any person significantly involved in initiating, negotiating, securing, drafting, or creating this Agreement on behalf of County is, at any time while this Agreement or any extension of the Agreement is in effect, an employee or agent of any other party to the Agreement with respect to the subject matter of the Agreement. 6.6. Automatic License Termination. Upon termination of a Site-Specific Supplemental Agreement as provided in this Section 6: 6.6.1. All Licenses granted under such Site-Specific Supplemental Agreement will automatically terminate; 6.6.2. Space Provider will immediately cease performing the tasks described in Section 7 below, Technical Undertakings and Utilities, for the applicable Space; and 6.6.3. Requestor at its expense shall remove from the applicable Premises the Equipment and other property that has been installed by Requestor or Requestor's agent within sixty (60) days of Space Provider's request, or when required to by the terms of an underlying lease, and shall leave the Space in the same condition as when first occupied by Requestor except for normal wear and tear, unless otherwise agreed to in writing by the Parties. 6.7. Non-Appropriation. Notwithstanding any other provision in this Master Agreement, the License Agreements may be terminated if for any reason the Pima County Board of Supervisors, or the Town of Oro Valley Mayor and Council do not appropriate sufficient monies for the purpose of maintaining the License Agreements. In the event of such cancellation: 6.7.1. Neither Party will have further obligations to the other Party, other than for payment for services rendered prior to cancellation; and 6.7.2. If Space Provider is the terminating Party, then, notwithstanding any provision of the License Agreements to the contrary, Requestor shall have the right to continue to use the Space in each of the Site-Specific Supplemental Agreements, provided that Requestor assumes all of the costs and obligations of the Space Provider related to use of the Space by Requestor. 7. Technical Undertakings and Utilities. 7.1. Maintenance of Premises by Space Provider. Page 6 of {tern5_1_ _Att2_GA doc it 3 7.1.1. Space Provider shall operate and maintain the Premises, including all Alterations, in accordance with Space Provider's standard practices, subject to the following notification requirements: 7.1.1.1. Scheduled Maintenance. Space Provider shall provide Requestor with at least forty eight (48) hours advance notice (which may be given by phone as provided in Section 7.9.3 below hereof, or as provided in Section 22 below) for scheduled maintenance that may or will result in a noticeable loss of power, service, or communication network connectivity to the Equipment; and 7.1.1.2. Unscheduled Maintenance. If Space Provider must engage in unscheduled maintenance work that may affect the operation of the Equipment or cause an outage to the Equipment, Space Provider shall notify Requestor (which notice may be given by phone as provided in Section 7.9.3 below hereof, or as provided in Section 22 below) immediately upon determining that such maintenance or outage has occurred. 7.1.2. Space Provider shall operate and maintain the Premises, including all Alterations, at no additional charge to the Requestor unless the Requestor specifically agrees in a Site-Specific Supplemental Agreement to pay for such operations or maintenance or any part thereof. In case of an interruption or failure of any of the services furnished under this Section 7.1 or under a Site-Specific Supplemental Agreement, including communication network connectivity, power, and HVAC, Space Provider shall use commercially reasonable efforts to (110, restore service as soon as possible. 7.2. Requestor's Tasks—General. 7.2.1. Subject to Sections 7.3 below and 8 below, Requestor shall contact Space Provider at the applicable phone numbers set forth in Section 7.9.3 below to coordinate any Alterations, or the installation, replacement, removal, or relocation of the Equipment. All installations must meet Space Provider's installation requirements, including any applicable standards and practices. 7.2.2. Requestor shall pay for a communications tower loading analysis if it is deemed necessary by the Space Provider. Such analysis shall be performed by a licensed civil engineer mutually agreed upon by the Parties. The Parties shall review the results of such analysis, and each Party may propose a course of action based on such results. 7.2.3. Requestor shall be responsible for repairs and maintenance of the Equipment using its personnel, or a third party service provider acceptable to Space Provider, provided, however, that Space Provider reserves the right to be present at the Premises when maintenance is performed by a third party service provider. Requestor shall be present with any third party service provider of Requestor while the service provider is on the Premises, unless otherwise approved by Space Provider. 7.2.4. Requestor shall provide to Space Provider current copies of any Federal Communication Commission ("FCC') licenses that are applicable to the operation of the Page? of19 Item 1 Atte GA doc Equipment. 7.2.5. Requestor shall maintain the Space in an orderly manner, including removing trash from the Space. Requestor shall maintain the Space in a safe condition, and shall be responsible for keeping all combustible materials out of the Space and off the Premises. 7.2.6. Requestor's work will not interfere with Space Provider's Equipment, operations, or maintenance unless agreed to by Space Provider before any work begins. 7.3. Alteration. 7.3.1. Either Party may request an Alteration that it may consider necessary for the installation, maintenance, and operation of the Equipment, or the operation or maintenance of the Space or Premises in connection with the Equipment. The Party requesting such Alteration shall provide the other a proposal for such Alteration, which shall include the reasons for requiring such Alteration. In any event, the Requestor shall pay the cost of any mutually agreed Alterations. 7.3.2. Unless otherwise provided by the applicable Site-Specific Supplemental Agreement, any Alteration shall be and become the property of Space Provider and remain on the Premises at the expiration or earlier termination of the applicable Site-Specific Supplemental Agreement or this Master Agreement, and the title to such Alteration shall immediately vest in the Space Provider, except that if the Premises are leased title shall vest in the Space Provider or the lessor according to the terms of the lease. 7.4. Connectivity Network Services. Requestor may ask Space Provider to provide microwave or optic fiber network connectivity circuits to support Requestor's communications system backbone connectivity requirements. Space Provider is not obligated to provide such services or resources, and reserves the right to decline Requestor's request for such services or resources for any reason. If Space Provider agrees to provide such services or resources, Space Provider may, subject to Section 7.6 below, provide such services or resources itself, or engage a third party to provide such services or resources. 7.5. Other Services; Resources. Requestor may ask Space Provider to provide engineering services to install the Equipment, and rigger services to install and maintain the antennas and antenna feedlines, or any other services or resources relating to the Space or any Alteration to which Space Provider has consented. Space Provider is not obligated to provide such services or resources, and reserves the right to decline Requestor's request for such services or resources for any reason. If Space Provider agrees to provide such services or resources, Space Provider may, subject to Section 7.6 below, provide such services or resources itself, or engage a third party to provide such services or resources. 7.6. Costs for Services or Resources. If the Space Provider agrees to provide Connectivity Network Services under Section 7.4 above, Requestor's cost for these services will be delineated in the Site-Specific Supplemental Agreement. Requestor shall bear all costs of services or resources provided to it under Section 7.5 above to the extent that the Requestor has Page 8 of 1 9 ltem5 1 E Att2 lGA c oc Lar agreed in writing to pay for such services and resources. Before Space Provider provides or has a third party provide such services or resources, Space Provider shall provide Requestor, in writing, a reasonable estimate of the total actual costs for such services or resources. Space Provider shall obtain Requestor's prior written approval for such costs. Requestor shall not be liable for any amounts that exceed such estimate unless it has consented to the excess in writing. Requestor shall pay Space Provider for all costs which it has agreed to within forty five (45) days of Requestor's receipt of a written request or invoice from Space Provider. 7.7. No Endorsement by Space Provider. Approval by Space Provider of any of Requestor's contractors is not an endorsement of Requestor's contractors, and Requestor will remain solely responsible for the selection of its contractors and all payments for any services performed by its contractors. Space Provider does not have a duty to inspect any services performed by Requestor's contractors in connection with the Equipment, Space, or Premises. 7.8. Permits. If Space Provider is required by applicable law, by agreement with any third party, or otherwise to obtain any permits, authorizations, or licenses, or amend any existing permits, authorizations, or licenses in order to grant any License to Requestor, Requestor shall pay Space Provider, within forty five (45) days upon a receipt of a written request or invoice from Space Provider, all reasonable costs and expenses, including reasonable attorneys' fees and expenses, incurred by Space Provider in connection with obtaining or amending such permits. 7.9. Entry and Exit of Premises by Requestor. 411wr 7.9.1. Space Provider grants Requestor the right of ingress and egress over, across and through the Premises; provided, however, that Requestor 's use of the Space, and access through the Premises to the Space shall at all times be subject to Requestor 's adherence to: 7.9.1.1. generally accepted industry standards for facility security, access, and other rules, policies and procedures established by the Space Provider for the Space or Premises in the Site-Specific Supplemental Agreement; and 7.9.1.2. such reasonable restrictions and requirements of Space Provider as shall be deemed necessary at Space Provider's discretion to address compliance with applicable laws and to minimize the effect of Requestor's operations upon the Premises, and Space Provider's activities thereupon. 7.9.2. Space Provider shall allow Requestor access to the Space twenty four (24) hours per day, seven (7) days per week, to provide testing, repairs, and routine and emergency maintenance. Requestor's authorized personnel shall call the designated representatives of Space Provider at the applicable phone numbers set forth Section 7.9.3 below when entering and leaving the Premises. If any repair or maintenance of the Equipment might affect Space Provider's operations, Requestor shall contact Space Provider at the applicable phone numbers set forth in Section 7.9.3 below to define and identify the scope of such repair or maintenance, and receive permission from Space Provider to proceed with such repair or maintenance. Space Provider may, for good cause, suspend the right of any Requestor Page 9of19 Item I 1 Att2 GA doc Low employee, agent, or representative to have access to the Premises or Space. Requestor shall not extend its rights under this Section 7.9 above to any third party unless Requestor has obtained Space Provider's prior authorization for such third party's access, which authorization shall not be unreasonably withheld. 7.9.3. Contact Phone Numbers. 7.9.3.1. For Access to County's Premises: Pima County Wireless Services 7:00 AM to 3:30 PM, excluding holidays and weekends 520.884.4890 Pima County Sheriff's Department Communications Unit 3:30 PM—7:00 AM, on normal workdays, holidays and weekends 520.3 51.4900 7.9.3.2. For Access to Town Oro Valley Premises: Lt. John Teachout 0700-1500,excluding holidays and weekends 520.229.4923 M: 520.954.3923 7.10. Suspension of Requestor's Operations. Notwithstanding anything to the contrary in this Master Agreement, or any Site-Specific Supplemental Agreement, Space Provider may, without liability, suspend Requestor's operations in the Space if Space Provider reasonably believes that the safety of the Premises or the Space is at risk as a result of Requestor's operations. 7.11. Designated Representatives. 7.11.1. For purposes of this Master Agreement the designated representatives of the respective Parties are: 7.11.1.1. To County: Chief Information Officer Pima County Information Technology 150 W Congress St, 6th Flr Tucson, AZ 85701-1317 Phone: 520.740-8113 Fax: 520.83 8.7420 7.11.1.2. To Town: Lt. John Teachout CO° Page 10 of 19 Items r Att2 IGA OQc ,8 Support Services 11,000 N. La Canada Oro Valley AZ 85737 Phone: 520.229.4923 Fax: 520.229.4979 7.11.2. Each Party may change its designated representative from time to time upon notice to the other Party. 8. Removal and Relocation of Equipment. 8.1. Relocation or Removal Required by Space Provider. 8.1.1. For Any Reason. Space Provider may require Requestor to relocate the Equipment for any reason within the Premises upon thirty (30) days prior written notice to Requestor, provided that the site of relocation shall afford comparable environmental conditions for the Equipment and comparable accessibility to the Equipment. If the Equipment is relocated according to this Section, the cost of relocating the Equipment and improving the Space to which the Equipment will be relocated shall be borne by Space Provider. 8.1.2. Emergency. In the event of an emergency, as determined at Space Provider's reasonable discretion, Space Provider's operations shall take precedence over any and all Requestor operations, and Space Provider may rearrange, remove, or relocate the Equipment without any liability to Space Provider. Notwithstanding the foregoing, in the case of emergency, Space Provider shall provide Requestor, to the extent practicable, reasonable notice prior to rearranging, removing, or relocating the Equipment. If the Equipment is relocated according to this Section, the cost of relocating the Equipment and improving the Space to which the Equipment will be relocated shall be borne by Space Provider. 8.1.3. Interference with Space Provider's Operations. If at any time the Equipment causes unacceptable interference to existing or prospective Space Provider operations, including any of Space Provider's Equipment or communications network, Space Provider may require Requestor to shut down, modify, remove, or relocate the Equipment at Requestor's sole expense until a solution is found to rectify such interference. If Requestor is unable to cure such interference, Space Provider may terminate the applicable Site-Specific Supplemental Agreement upon at least thirty (30) days written notice. 8.2. Relocation or Removal by Requestor. 8.2.1. Relocation by Requestor. If Requestor desires to relocate the Equipment, Requestor shall contact Space Provider at the applicable phone numbers set forth in Section 7.9.3 above to coordinate the relocation of the Equipment. Requestor shall not relocate any of the Equipment within the Premises without the prior written authorization of Space Provider, which authorization shall not be unreasonably withheld or delayed. Space Provider shall promptly respond to Requestor's request for written authorization for Equipment relocation. Once Space 11116., Page 1 1 of Item I E Att2 GA.doc Provider authorizes the relocation of the Equipment within the Premises, Requestor will relocate the Equipment, and will be solely responsible for providing appropriate packaging and moving materials. 8.2.2. Removal by Requestor. Requestor may remove the Equipment at any time without Space Provider authorization unless such removal may or will affect the operation of Space Provider. If Requestor intends to remove the Equipment, Requestor shall notify Space Provider of Requestor's intention in writing ("Requestor's Removal Notice"). Space Provider shall notify Requestor ("Provider's Removal Notice") within ten (10) business days from its receipt of Requestor's Removal Notice if Space Provider determines that such removal may or will affect the operation of Space Provider, in which case the Parties shall coordinate with each other to define and identify the scope of any work related to such removal. If Requestor does not receive Space Provider's Removal Notice within ten (10) business days after Space Provider's receipt of Requestor's Removal Notice, Requestor may proceed with the removal of the Equipment without Space Provider's authorization. 8.2.3. Cost of Relocation or Removal by Requestor. Requestor shall be responsible for the cost of removing or altering any enclosure or support structures in connection with the relocation or removal of the Equipment in accordance with this section 8.2, including any racking and conduits, and the cost of restoring the Premises to its original condition as when first occupied by Requestor, unless otherwise agreed to in writing by Space Provider. 9. Indemnification. Each Party (as Indemnitor) agrees to indemnify, defend and hold 41100. harmless the other Party, its officers, employees, and agents (as Indemnitee) from and against any and all claims, losses, liability, costs or expenses, including reasonable attorney's fees arising (hereinafter collectively referred to as "Claims") but only to the extent that such Claims arise out of any act, omission, fault, or negligence by the Indemnitor, its agents, employees, or anyone under its direction or control or on its behalf in connection with performance of this Master Agreement. 10. Insurance. 10.1. Coverages. Subject to section 10. 5 below, the Parties to this Master Agreement shall obtain and maintain at their own expense, during the entire term of this Master Agreement the following type(s) and amounts of insurance: 10.1.1. Commercial General Liability. Coverage shall be at least as broad as ISO form CG 00 Ol in an amount not less than $2,000,000.00, endorsed to include County as an additional insured with coverage at least as broad as ISO form CG 20 10. 10.1.2. Commercial General Automobile Liability. Coverage shall be at least as broad as ISO form CA 00 Ol in an amount not less than $1,000,000.00 for vehicles actually used in the operations at the Premises (as compared to use for simple commuting). 10.1.3. Workers' Compensation. Statutory limits, with Employers' Liability coverage in an amount not less than $1,000,000.00 per injury, illness, or disease. Page 12 of 19 sten 5 1 r Att2 IGA doc 1 (how 10.1.4. Property. Property insurance covering the Party's real and personal property. 10.2. Waiver of Subrogation. Each Party waives its claims and subrogation rights against the other for losses typically covered by property insurance coverage. 10.3. Certificates of Insurance. The Parties shall provide each other with current certificates of insurance within thirty (30) days of the execution of this Master Agreement. All certificates of insurance must provide for guaranteed thirty (30) days written notice to all Parties to this Master Agreement of cancellation, non-renewal or material change. 10.4. Self-Insurance Pool. The requirements of this Section 10 above may be alternatively met through self insurance or participation in an insurance risk pool, at no less than the minimal levels set forth in this article. If applicable, Parties to this Master Agreement shall provide all other Parties with certificates of self insurance under A.R.S. §§ 11-261 and 11-981 (or if a school district, § 15-382) or documentation of participation in an insurance risk pool pursuant to A.R.S. § 11-952.01, (if a school district, § 15-382) within thirty (30) days of the execution of this Master Agreement. All certificates must provide for guaranteed thirty (30) days written notice to all other Parties of cancellation,non-renewal or material change. 11. Compliance with Laws. The Parties shall comply with all applicable federal, state and local laws, rules, regulations, standards and Executive Orders, without limitation to those designated within this Master Agreement. 12. Non-Discrimination. The Parties shall not discriminate against any employee, client or any other individual in any way because of that person's age, race, creed, color, religion, sex, disability or national origin in the course of carrying out their duties pursuant to this Master Agreement. The Parties shall comply with the provisions of Executive Order 75-5, as amended by Executive Order 2009-09 issued by the Governor of the State of Arizona, which is incorporated into this Master Agreement by reference, as if set forth in full herein. 13. ADA. The Parties shall comply with all applicable provisions of the Americans with Disabilities Act (Public Law 101-336, 42 U.S.C. 12101-12213) and all applicable federal regulations under the Act, including 28 CFR Parts 35 and 36. 14. Severability. If any term, covenant or condition of this Master Agreement and any Site- Specific Supplemental Agreement, or the application of such term, covenant or condition, shall be held invalid as to any person or circumstance by any court or regulatory authority having jurisdiction, all other terms, covenants or conditions of this Master Agreement and any Site- Specific Supplemental Agreement and their application shall not be affected thereby, but shall remain in force and effect unless a court or regulatory authority holds that the provisions are not severable from all other provisions of this Master Agreement and any Site-Specific Supplemental Agreement. 15. Workers' Compensation. Each Party shall comply with the notice of A.R.S. § 23-1022 Page 13 of 19 Item51 j Att2 JGA.doc Lir (E). For purposes of A.R.S. § 23-1022, each Party shall be considered the primary employer of all personnel currently or hereafter employed by that Party, irrespective of the operations of protocol in place, and said Party shall have the sole responsibility for the payment of Workers' Compensation benefits or other fringe benefits of said employees. 16. No Joint Venture. It is not intended by this Master Agreement to, and nothing contained in this Master Agreement shall be construed to, create any partnership, joint venture or employment relationship between the Parties or create any employer-employee relationship between County and any Town employees, or between Town and any County employees. Neither Party shall be liable for any debts, accounts, obligations or other liabilities whatsoever of the other, including (without limitation) the other Party's obligation to withhold Social Security and income taxes for itself or any of its employees. 17. No Third Party Beneficiaries. Nothing in the provisions of this Master Agreement is intended to create duties or obligations to or rights in third parties not parties to this Master Agreement or affects the legal liability of either Party to the Master Agreement by imposing any standard of care with respect to the maintenance of public facilities different from the standard of care imposed by law. 18. Assignment. Neither Party shall transfer or assign all or any part of this Master Agreement or any Site-Specific Supplemental Agreement, or its rights or obligations hereunder, or otherwise dispose of any right, title or interest herein without the prior written consent of the other Party. klior 19. Entire Agreement. This Master Agreement and the Site-Specific Supplemental Agreement shall constitute the entire agreement among the Parties and shall supersede all prior proposals, representations, negotiations, or letters, whether written or oral. The Parties shall not be bound by or be liable for any statement, representation, promise, inducement, or understanding of any kind relating to the subject matter hereof not set forth in this Master Agreement or any Site-Specific Supplemental Agreement. This Master Agreement or any Site- Specific Supplemental Agreement may be modified only in writing, and signed by the duly authorized representatives of both Parties. 20. Dispute Resolution. If a dispute arises concerning this Master Agreement or any Site- Specific Supplemental Agreement, a meeting of the disputing Parties shall be held within fifteen (15) business days after any Party gives the other Party written notice of the dispute (the "Dispute Notice"). The Dispute Notice shall set forth in reasonable detail the aggrieved Party's position and its proposal for resolution of the dispute. A representative of each of the disputing Parties with authority to resolve the dispute shall be in attendance at all meetings. If the dispute is not resolved within thirty (30) calendar days after the first meeting of the disputing Parties, either disputing Party is free to use any other available remedy, including litigation. The Dispute Notice and discussion period of thirty (30) days are conditions precedent to each disputing Party's right to resort to any other method. A disputing Party's failure to comply with this Section shall entitle the other disputing Party to recover its costs and reasonable attorney's fees in any judicial proceedings that circumvent this dispute resolution provision. Notwithstanding the foregoing, Space Provider may immediately take any action it reasonably determines is Page 14 of 19 tem5 1 E Att2 I A.doc (topy 21. Governing Law. This Master Agreement and any Site-Specific Supplemental Agreement shall be governed by and interpreted in accordance with the substantive and procedural laws of the State of Arizona, notwithstanding any Arizona conflict of law provision to the contrary. Any court action arising under this Master Agreement shall be instituted only in the Superior Court of Pima County, Arizona, or the Federal District Court for the District of Arizona, and such Courts shall have exclusive jurisdiction. 22. Notices. 22.1. Manner of Notice. Any notice, demand or request provided for in this Master Agreement, or served, given or made in connection with this Master Agreement, shall be in writing and shall be deemed properly served, given or made if delivered in person, by facsimile or other electronic means including email (with hardcopy follow up in writing), or sent by registered or certified mail or overnight courier, postage prepaid, to the persons specified below, provided that either Party may at any time, by written notice to the other Party, change the designation or the address of the person so specified : 22.1.1. To County: Chief Information Officer Lir Pima County Information Technology 150 W Congress St, 6th Fir Tucson, AZ 85701-1317 Phone: 520.740-8113 Fax: 520.838.7420 22.1.2. To Town: Town Manager 11000 N. La Canada Drive Oro Valley, Arizona 85737 Town Attorney 11000 N. La Canada Drive Oro Valley, Arizona 85737 22.2. Effective Date of Notice. Notice given by personal delivery or overnight courier shall be effective upon receipt. Notice given by registered or certified mail shall be effective three (3) business days following the date deposited in the U.S. mail. Notice given by facsimile or other electronic means shall be effective upon receipt if received during the recipient's normal business hours, or at the beginning of the recipient's next business day after receipt if not received during the recipient's normal business hours. Page 15 0119 Iters 1 1w Att2 IGA:doe (Itto 22.3. Routine Requests. This Section 22 does not apply to notices and requests of a routine character. Such routine notices and requests shall be given in such manner as the Parties from time to time shall arrange. 23. Uncontrollable Force. 23.1. The term "Uncontrollable Force" shall mean any cause beyond the control of the Party unable to perform such obligation, including failure of or threat of failure of facilities, flood, earthquake, storm, volcanic eruption, geo-hydrologic subsidence, fire, pestilence, lightning, and other natural catastrophes, epidemic, war, riot, civil disturbance or disobedience, strike, labor dispute, labor, fuel, transportation or material shortage, sabotage, subversion, action or restraint by court order or public or governmental authority (whether valid or invalid (so long as the Party claiming Uncontrollable Force has not applied for or assisted in the application for, and has opposed where and to the extent reasonable, such government action or restraint)), and action or nonaction by or inability to obtain or keep the necessary authorizations or approvals from any governmental agency or authority, which by exercise of due diligence such Party could not reasonably have been expected to avoid and which, by exercise of due diligence, it has been unable to overcome. It is the intent of the Parties that the foregoing examples shall not be used as a limitation on the term, "uncontrollable force" in interpreting or construing this Master Agreement. The Parties intend a liberal interpretation of the term and accordingly intend that in questions of assumption of risk or contingencies, whether foreseen or not, the presumption shall be that risks not explicitly assumed by a Party are not assumed by said Party, if in fact they are uncontrollable even with foresight. Nothing contained herein shall be construed as to require a Party to settle any strike or labor dispute in which it may be involved. 23.2. If any Party delays or is rendered unable to fulfill any of its obligations hereunder by reason of an Uncontrollable Force, that Party ("Non-Performing Party") shall give prompt written notice with full details of the Uncontrollable Force to the other Party, and may request, in its notice, an extension of time for its performance. A Non-Performing Party that complies with the notice provisions in this Section shall be granted in writing an extension of time for performance of its obligations (except the obligations to make payment, if any) equal to the time performance is delayed by the Uncontrollable Force. The Non-Performing Party shall exercise due diligence to remove such inability with all reasonable expediency. During the period of time in which the Non-Performing Party is granted an extension of time for its performance under this Section, the Non-Performing Party shall not be considered to be in default in the performance of any of its obligations hereunder(other than obligations to make payments). 24. Destruction of Space or Premises. 24.1. Premises Rendered Unsuitable. Notwithstanding anything to the contrary in this Master Agreement, in the event a Space or Premises is wholly or partially damaged or destroyed to such an extent as to be rendered wholly unsuitable for Requestor's permitted use hereunder, then either Party may elect, within ten (10) business days after such damage or destruction, to terminate the Site-Specific Supplemental Agreement applicable to the damaged or destroyed Space or Premises. co' Page 16 of 19 Item 1 E Att2 JGA.doc . 416, 24.1.1. If either Party shall so elect terminate, by giving the other written notice of termination, both Parties shall stand released of and from further liability with respect to the Space and the Premises under the Site-Specific Supplemental Agreement. 24.1.2. If the election to terminate is not exercised by either Party, then Space Provider covenants and agrees to proceed promptly, without expense to Requestor, to repair the damage, except for damage to improvements not the property of Space Provider. 24.2. Premises Not Rendered Unsuitable. If the Space or Premises shall suffer only minor damage and shall not be rendered wholly unsuitable for Requestor's permitted use, Space Provider covenants and agrees to proceed promptly, without expense to Requestor, to repair the damage, except for damage to improvements not the property of Space Provider. 24.3. Repairs to Property. If repairs are made pursuant to sections 24.1.2 or 24.2 above, Space Provider shall have a reasonable time within which to rebuild or make any repairs, and such rebuilding and repairing shall be subject to delays caused by an Uncontrollable Force. 25. Waiver. No delay in exercising any right or remedy shall constitute a waiver unless such right or remedy is waived in writing signed by the waiving Party. The waiver by any Party of any right or remedy hereunder shall not be construed as a waiver of any other right or remedy, whether pursuant to the same or a different term, condition or covenant. cr 26. No Personal Liability. No member, official or employee of either Party shall be personally liable in the event of any default or breach by either Party; for any amount which may become due by either Party; or pursuant to any obligation of either Party under the terms of this Master Agreement or a Site-Specific Supplemental Agreement. 27. Attorney's Fees. In the event any action, suit or proceeding at law or in equity is instituted with respect to this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, expenses and court costs incurred. 28. Counterparts. This Agreement may be executed in separate counterparts, each of which shall be deemed to be an original, and all of which taken together constitute one and the same instrument. co, Page 17 of 19 Item 1 E Jtt2CA.dec Lor County has caused this Master Agreement to be executed by the Chairman of its Board of Supervisors, upon resolution of the Board and attested to by the Clerk of the Board, and Town has caused this Master Agreement to be executed by the Mayor upon resolution of the Council and attested to by the Town Clerk. PIMA COUNTY,a political subdivision of the State of Arizona: Chairman, Board of Supervisors ATTEST: Lori Godoshian, Clerk of Board APPROVED AS TO CONTENT: Christina Biggs, Manager, Real Property Services Lor Paul Wilson, Project Administrator, PCWIN Town of Oro Valley,a municipal corporation: By: Paul H. Loomis, Mayor Attest: Approved as to Form: Kathryn E. Cuvelier, Town Clerk Tobin Rosen, Town Attorney Page 18 of 19 Items 1 r Att2 JGA.doc 4111W INTERGOVERNMENTAL AGREEMENT DETERMINATION The foregoing Master Agreement between Pima County and Town of Oro Valley has been reviewed pursuant to A.R.S. § 11-952 et seq. 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 Master Agreement represented by the undersigned. PIMA COUNTY: Neil J. Konigsberg, Deputy County Attorney, Civil Division TOWN OF ORO VALLEY: Tobin Rosen,Town Attorney 4ttitor Page 19 of 19 Items 1 f Att2 IGA.doc ligoir I EXHIBIT A TO MASTER AGREEMENT FOR JOINT USE OF FACILITY SPACE BETWEEN PIMA COUNTY AND TOWN OF ORO VALLEY SITE-SPECIFIC SUPPLEMENTAL AGREEMENT Town of Oro Valley Police Department This Site-Specific Supplemental Agreement is made as of (the "Effective Date") and incorporates all definitions, terms and conditions of that certain MASTER AGREEMENT FOR JOINT USE OF FACILITY SPACE, dated (the "Master Agreement") by and between Pima County ("County" or " Requestor"), and Town of Oro Valley ("Town" or "Space Provider"). I. Premises This Site-Specific Supplemental Agreement applies exclusively and specifically to the following Premises: Town of Oro Valley Police Department Address of Space Provider Premises: 11000 La Canada Dr., Oro Valley,AZ 85737 Pima County Assessor Parcel # 224-26-5700 411iir Coordinates (NAD83): 32.40791, -110.99518 Elevation (GL) (meters): Overall Tower Height with appurtenances (AGL) (meters): 125' Monopole II. Emergency Contact Information (24-hour contact information) Space Provider Requestor Oro V e Police Department Pima County IT Department (520) 229-4935 (520) 400-7115 III. Alterations Requested Provide a description of any requested Alterations that are necessary for the installation, maintenance, and operation of Requestor's Equipment,or the operation or maintenance of the Space or Premises in connection with the Equipment. Include any rearrangement, modification, improvement, addition, or other Alteration or construction changes to the interior or exterior portions of the Space or the Premises, or any part thereof, including improvements to the power systems and air conditioning systems (i.e. HVAC). The requestors alterations will require the construction of a complete, new telecommunications physical facility located on the grounds of the Oro Valley Police Department in Oro Valley, AZ. The project will require the conversion of an existing garage into an equipment room, the construction of a 125ft monopole communication (lbw Page 1 of 6 LMS FILE#11,112-017 PARCEL#224-26-5700 41110, tower, the design, procurement and installation of a -48VDC charger/regulator/distribution system and the installation of a 4-inch conduit between the converted garage and the main electronic equipment room. IV. Request for Equipment Installation Provide a summary description of the Equipment to be installed by the Requestor. (Attach a complete equipment list) Summary description of the Equipment to be installed by the Requestor is attached as Exhibit(SOW) V. Delineation of Space Attach a floor plan and all applicable Requestor specifications or drawings in connection with this Site-Specific Supplemental Agreement. Space requirements: Rack/Cabinet space requirement: Quantity of Racks: Rack Size: Power requirement(Volts/Amp Draw) (Duty Cycle): See attached Statement of Work 2.17—Oro Valley Police Department VI. Tower Space Requirement See listing of NEW antennas in attached Statement of Work 2.17—Oro Valley Police Department,table 2-17-6 Copy of FCC License attached? [ ] Yes [ ]No VII. Other Services or Resources to be Provided by Space Provider (Describe all other services to be provided by the Space Provider. The description should include services such as microwave or optic fiber network connectivity circuits to support Requestor's Equipment, engineering services, rigger services to install or maintain antennas, or any other services or resources relating to the Space or any Alteration to which the Space Provider has consented) A. UPS Backup Power Required. [ ] Yes [X ] No Expected Minimum Runtime: (hrs) B. Generator Backup Power Required. [ ] Yes [X ]No Expected Minimum Runtime: (hrs) C. DC Battery Power Required. [ ] Yes [X ] No Page 2 of 6 LMS FILE# 11,112-017 PARCEL#224-26-5700 Expected Minimum Runtime: (hrs) D. Commercial Electric Service [ X ] Yes [ ]No Number and size of circuits: Space Provider to provide 208/120 VAC, 3 Phase,4 wire, 300 amp electric service to Requestors equipment. E. Alarm Monitoring Services Required. [ ] Yes [ ]No Specify Services: F. All Other Services VIII. Costs A. Antenna and Rack Space: Total Monthly Rental $0 B. Utilities: kair Total Monthly Service Cost$0 All utilities will be provided at space provider's expense C. Connectivity Network Services: Total Monthly Service Cost$0 D. Direct cost for other services or resources requested from Space Provider: None E. Payment Terms (as applicable) IX. Special Terms and Conditions The attached Exhibit(SOW) will serve as the description and location of the Space requested by the Requestor. Also Exhibit(SOW)will act as the list of personal property the The Requestor's improvements will remain the personal property of the Requestor and all improvements will be maintained by the Requestor and removed from the Space Provider's property as described in the Master Agreement. Any studies required for the construction of the site will the responsibility of the Requestor. (11111, Page 3 of 6 LMS FILE#11,112-017 PARCEL#224-26-5700 X. Construction Period Estimated construction start date: tbd Estimated construction completion date: tbd Rest of Page Intentionally Left Blank cor tikir Page 4 of 6 LMS FILE# 11,112-017 PARCEL#224-26-5700 Space Provider's Approval and Acceptance: Town of Oro Valley, a municipal corporation: By: Attest: Approved as to Form: Town Clerk Assistant Town Attorney Page 5 of 6 LMS FILE#11,112-017 PARCEL#224-26-5700 Requestor's Approval: Approved as to Content: By Information Technology Department Approved and accepted by Pima County: Pima County Chief Information Officer Procurement Director Date: (110, Page 6 of 6 LMS FILE#11,112-017 PARCEL#224-26-5700 Item #: F. TC Regular Session Date: 05/05/2010 Requested by: Daniel G. Sharp, Police Submitted By: Colleen Muhr, Police Chief Department Department: Police Department Information SUBJECT: Resolution No. (R) 10-25, approving a Data Sharing Agreement between the Town of Oro Valley and the Arizona Board of Regents for and on behalf of Arizona State University SUMMARY: The Center for Violence Prevention and Community Safety at the Arizona State University has requested that the Town of Oro Valley Police Department share information related to violent deaths. DISCUSSION: The Town of Oro Valley Police Department (OVPD), is collaborating with Arizona State University's Center for Violence Prevention and Community Safety (the Center), in proposing to the Centers for Disease Control the establishment of the Arizona Violent Death Reporting System (AVDRS). To date, 17 states across the country have established such systems that compile statewide, comprehensive data on violent deaths by collecting information from death certificates, medical examiner reports, police departments, and other appropriate local agencies. Objectives of these statewide surveillance systems include providing comprehensive snapshots of violent incidents to further understand such events and informing communities, policy makers, planners, and decision makers on violent deaths so that preventive programs can be enacted. Establishment of the AVDRS will enable increased scientific understanding of violent injury through research, translation of research findings into prevention strategies, and the dissemination of knowledge of violent injury and prevention to professionals and the public. Data collection for the project will be sponsored by the Centers for Disease Control. This Memorandum of Agreement establishes the basis for the OVPD to share with the Center police report information on incidents leading to violent deaths occurring in Arizona. This data will be used for the purpose of contributing to the AVDRS by providing accurate, comprehensive, and objective information regarding violent deaths. The sharing of police report data will be in accordance with the terms and conditions stated in this agreement and predicated on the mutual assurance that all unique identifiers in these data will be protected and kept strictly confidential. FISCAL IMPACT: N/A CONCLUSION/RECOMMENDATION: Acceptance is recommended. SUGGESTED MOTION: I move that Resolution No. (R) 10- 25, be adopted. Attachments ate-- Link: ASU Resolution Link: ASU IGA Lir RESOLUTION NO. (R) 10- 25 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, AUTHORIZING AND APPROVING A DATA SHARING AGREEMENT BETWEEN THE TOWN OF ORO VALLEY AND THE ARIZONA BOARD OF REGENTS ON BEHALF OF ARIZONA STATE UNIVERSITY WHEREAS, the Town of Oro Valley is a political subdivision of the State of Arizona vested with all associated rights, privileges and benefits and is entitled to the immunities and exemptions granted municipalities and political subdivisions under the Constitution and laws of the State of Arizona and the United States; and WHEREAS, pursuant to A.R.S. § 11-952, the Town is authorized to enter into or renew agreements for joint and cooperative action with other public agencies; and WHEREAS, the Town is authorized to establish and maintain the Oro Valley Police Department, pursuant to A.R.S. § 9-240 (B)(12); and WHEREAS, the Town and the Arizona Board of Regents on behalf of Arizona State University is proposing to the Center for Disease Control the establishment of the Arizona Violent Death Reporting System (AVDRS) in order to provide accurate, comprehensive and objective information regarding violent deaths in Arizona; and WHEREAS, currently there are seventeen (17) states which have established such a reporting system in order to understand such violent events so that preventive programs can be enacted; and WHEREAS, it is in the best interest of the Town to enter into the Data Sharing Agreement, attached hereto as Exhibit "A" and incorporated herein by this reference, to provide for the health, safety and welfare of the residents in the Town of Oro Valley. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Town Council of the Town of Oro Valley,Arizona, that: 1. The Data Sharing Agreement between the Town of Oro Valley and the Arizona Board of Regents on behalf of Arizona State University, attached hereto as Exhibit"A", is hereby authorized and approved. 2. The Mayor, the Chief of Police and any other administrative officials are hereby authorized to take such steps as necessary to execute and implement the terms of the Agreement. (1100 \\1exicon\AgendaQuick\PacketPrinterv,GENDA\TC\Item5_1_F_Attl_ASU Resolution.doe Town of Oro Valley Attorney's Office/ea/041410 PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona, this 5th day of May , 2010. TOWN OF ORO VALLEY Paul H. Loomis, Mayor ATTEST: APPROVED AS TO FORM: Kathryn E. Cuvelier, Town Clerk Tobin Rosen, Town Attorney Date: Date: cor \Ucxicon\AgendaQuick\PacketPrinter\AGENDA\TC\Item5_1_P_Attl_ASU Rcsolution.doc Town of Cho Valley Attorney's()Me ea/0414]0 41pr EXHIBIT "A" tor \\lexicon\AgendaQuick\PacketPrinter\AGENDA\TC\Itcm5_l_F_Attl_ASU Resolution.doc Town of Oro Valley Attorney's Oflice/ca/0414 10 Data Sharing Agreement Between the Oro Valley Police Department and the Arizona Board of Regents for and on behalf of Arizona State University 1. TERM OF THE AGREEMENT: The term of this Agreement shall become effective upon signature and shall remain in effect unless terminated, canceled or extended as otherwise provided herein. 2. TERMINATION OR AMENDMENT: Each party shall have the right to terminate this Agreement by mailing the other party written notice of termination by certified mail, return receipt requested, at least thirty (30) days prior to the termination date. This Agreement may be modified at any time by mutual written Amendment in order to accommodate unforeseen circumstances by the authorized representative of the respective parties. 4. CONFIDENTIALITY: A. Any information that may be exchanged through this Agreement shall not be used for purposes other than those covered in the scope of work without prior approval of all parties to this Agreement. B. Neither confidential medical information nor personally identifying information that may be exchanged through this Agreement shall be made available for any political or commercial purpose, nor shall such information be used as basis for determining eligibility for care or source of payment for care to any individual. 5. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPAA) COMPLIANCE: A. All parties agree to adhere to the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy and Security Rules as defined in 45 CFR Parts 160, and 164 and under the HIS Circular No. 2003-02 for policy and procedures. B. Parties warrant that they will cooperate with the State in the course of performance of the Agreement so that both parties will be in compliance with HIPAA, including cooperation and coordination with State privacy officials and other compliance officers required by HIPAA and its regulations. Parties will participate in any training that shall be required or shall sign any documents that are reasonably necessary to keep both parties in compliance with HIPAA, including but not limited to business associate agreements, pledge of confidentiality, HIPAA training certification or other HIPAA related compliance documents. 6. APPLICABLE LAW: Arizona Law. Applicable law of Arizona applies to this Agreement including, where applicable, the Uniform Commercial Code as adopted by the State of Arizona. 7. CONFLICT OF INTEREST: Pursuant to A.R.S. §38-511, the State, its political subdivisions or any department or agency of either may, within four (4) years after its execution, cancel any Agreement, without penalty or further obligation, made by the State, its political subdivisions, or any of the departments or agencies of either if any person significantly involved in initiating, negotiating, securing, drafting or creating the Agreement on behalf of the State, its political subdivisions or any of the departments or agencies of either is, at any time while the Agreement or any extension of the Agreement is in effect, an employee or agent of any other party to the Agreement in any capacity or a consultant to any other party of the Agreement with respect to the subject matter of the Agreement. A cancellation made pursuant to this provision shall be effective when Arizona State University receives written notice of the cancellation unless the notice specifies a later time. 8. ARBITRATION: Pursuant to A.R.S. § 12-1518, disputes under this Agreement shall be resolved through the use of arbitration as follows: A. Cases under the Jurisdictional Limit. In all cases filed in superior court in which the court finds or the parties agree that the amount in controversy does not exceed the jurisdictional limit, arbitration shall be used, unless all parties file a written stipulation waiving the arbitration requirement, and the court waives the arbitration requirement on a showing of good cause. 9. FUNDING: This Agreement is not an obligation of or a commitment of funds, or a basis for a transfer of funds, but rather a statement of understanding between the Parties concerning the sharing and use of confidential information related to the purposes of this Agreement. Expenditures by each party are subject to that party's budgetary processes and to the availability of funds and resources pursuant to applicable laws, regulations, and policies of the respective parties. 10.INSURANCE The Oro Valley Police Department and Arizona State University are self-insured for liability per A.R.S. 41-621. 11. BACKGROUND The Oro Valley Police Department (OVPD), by collaborating with Arizona State University's Center for Violence Prevention and Community Safety (the Center), is proposing to the Centers for Disease Control the establishment of the Arizona Violent Death Reporting System (AVDRS). To date, 17 states across the country have established such systems that compile statewide, comprehensive data on violent deaths by collecting information from death certificates, medical examiner reports, police departments, and other appropriate local agencies. Objectives of these statewide surveillance systems include providing comprehensive snapshots of violent incidents to further understand such events and informing communities, policy makers, planners, and decision makers on violent deaths so that preventive programs can be enacted. Establishment of the AVDRS will enable increased scientific understanding of violent injury through research, translation of research findings into prevention strategies, and the dissemination of knowledge of violent injury and prevention to professionals and the public. Data collection for the project will be sponsored by the Centers for Disease Control. 12. PURPOSE This Memorandum of Agreement establishes the basis for the OVPD to share with the Center police report information on incidents leading to violent deaths occurring in Arizona. This data will be used for the purpose of contributing to the AVDRS by providing accurate, comprehensive, and objective information regarding violent deaths. The sharing of police report data will be in accordance with the terms and conditions stated in this agreement and predicated on the mutual assurance that all unique identifiers in these data will be protected and kept strictly confidential. 13. SCOPE OF WORK OVPD agrees to provide or continue to provide the Center with the following: a. Confidential police report data related to incident narrative, person type (victim/suspect), name address, age, sex, race, ethnicity, when and where (injury/death), additional person descriptors, wounds, associated circumstances, victim suspect relationship, history of victim abuse, suspect was victim caretaker, firearm descriptors, poison details, weapon used by/on person, person purchasing firearm, and any other available person descriptors for individuals residing within or events occurring within Arizona. i. The above noted data will be made available to the Center from January 1, 2008 and forward. ii. The above noted data will be made available to the Center on a monthly basis. b. Confidential supplemental homicide report data related to person type (victim/suspect), name address, age, sex, race, ethnicity, additional person descriptors, associated circumstances, weapon used by/on person, and any other available person descriptors for individuals residing within or events occurring within Arizona. i. The above noted data will be made available to the Center from January 1, 2008 and forward. ii. The above noted data will be made available to the Center on a monthly basis. c. Within this agreement it is understood that at least 99% of police reports (and associated data) are available within 90 days of death and are then ready to be shared with ASU. d. The name or names of the OVPD employees that will provide the information designated under Section I. Immediate notification will occur when there are any changes in this list of employees. II. The Center agrees to provide or continue to provide the OVPD with: a. A description of the security measures that are in place to maintain the confidentiality of the data being received. These measures at a minimum should follow the recommendations for the "Security Considerations for Applicants" prepared by the Human Subjects Review Board of the ADHS. b. Analytical support for matters related to data collected as part of the Arizona Violent Death Reporting System. The scope, nature, and frequency of the support will be mutually agreed upon by both parties in writing after funding has been secured. III. Confidential Information: a. The parties agree to provide information following a mutually agreeable format and that the information shall be marked confidential if disclosed in written or other tangible form, or if disclosed orally or visually, identified as confidential at the time of disclosure and reduced to writing and marked confidential and transmitted to the receiving party within thirty (30) days of the initial disclosure. b. The Center will not use, or disclose to any third party, INFORMATION of OVPD in any manner whatsoever except for the PURPOSE, and will require that its employees and agents who have access to such information maintain the same in strict confidence subject to the same for three (3) years after the termination of this Agreement; provided that the Center's obligations hereunder shall not apply to information that was already known to the receiving party prior to the time of first disclosure, as demonstrated by contemporaneous, written documentation; or i. At the time of disclosure is in the public domain, or after the date of the disclosure, lawfully becomes a part of the public domain other than through breach of this Agreement by the receiving party; or ii. Is received without any obligation of confidentiality from a third party having a legal right to disclose the same; or iii. Is independently developed by the receiving party by individuals without access to such information, as demonstrated by contemporaneous, written documentation; or iv. Is required to be disclosed by the receiving party pursuant to a legally enforceable order, subpoena, or other regulation ("ORDER"), provided, however, that the receiving party promptly notifies the disclosing party in advance of such disclosure and discloses only that INFORMATION necessary to comply with said ORDER. IV. The parties agree to a. Carefully restrict use and access of information to those designated by the Center. Data provided by OVPD are for the use of the AVDRS only and no copies may be made of such records to provide to other individuals or entities for other purposes. b. Prohibit identifying information about a person that was supplied under the terms of this agreement from being released to anyone not working on AVDRS data collection, or the development of the AVDRS. c. Require all officers, agents and employees to keep all such shared information strictly confidential. To communicate the requirements for this section to all officers, agents and employees, to discipline all persons who may violate the requirements of this section and to notify the originating party in writing within forty-eight (48) hours of any violation and corrective actions to be taken. fr ak 14. NOTICES, CORRESPONDANCE, AND REPORTS Notices, correspondence, and reports from the Center to ME shall be sent to: Office for Research & Attn: Tammy Whetter Sponsored Projects Admin. E-mail: Tammy.Whetter@asu.edu Arizona State University cc: Charles M. Katz P.O. Box 873503 Dept. Center for Violence Prevention Tempe, Arizona 85287-3503 Phone: 480-353-1092 Fax: 480-965-2455 15. SIGNATURE APPROVALS: FOR THE ARIZONA BOARD OF REGENTS FOR AND ON BEHALF OF ARIZONA STATE UNIVERSITY Date: Tammy Whetter Office for Research & Sponsored Projects Admin. FOR THE ORO VALLEY POLICE DEPARTMENT Date: Item #: G. TC Regular Session Date: 05/05/2010 Requested by: Ainsley Legner, Parks and Recreation Director Submitted By: Ainsley Legner, Parks and Recreation Department: Parks and Recreation .�..�..__«.,..,. �.....h......:..Mr�. :., w , . .. .»,....,...�. ...�,�h.x��.,.��.�.GY�..,.»a,... ..aY. ... .�, .. ..,.M ... ....��... .w:Y. .. ,�...�.M... . ,., ,.,�.:.:�...:..�,.. ...... . ..Y�.._. ..._....r o.... .a.. Information SUBJECT: Appointment of Donald L. Chatfield to the Pima County Bond Advisory Committee for a term to expire on June 30, 2016 SUMMARY: The Town advertised for applicants interested in serving on the Pima County Bond Advisory Committee as the jurisdiction member for Oro Valley. Four candidates submitted applications. Town Councilmember Barry Gillaspie and Parks & Recreation Director Ainsley Legner reviewed all applications and our recommendation is for the appointment of Mr. Chatfield. DISCUSSION: None FISCAL IMPACT: None CONCLUSION/RECOMMENDATION: Donald L. Chatfield is recommended for appointment to the Board for a term to expire on June 30, 2016. SUGGESTED MOTION: The Council may wish to consider the following motion: I move to appoint Donald L. Chatfield to the Pima County Bond Advisory Committee for a term to expire on June 30, 2016. Attachments Link: Chatfield Application e 1 # 1 . .. , --1,y•;;:.. , 0 fian if favi•-, 4- ..$ MR i tr 1 bpi;14.Lig Trif i .,.. .,.:,,,,, ;,? • •'. : , . t',:.)R 0 VALLEY VOLUNlisErA APPOINTMENT API)LICATIO)N . . Dear Oro Valley Citizen: We appreciate your interest in the Town of Oro Valley. This informational form,when completed.Will allow us to quicklyprocess your application. A list describing,the Town's Boards and Commissions is attached for your reference. Information reflecting the procedures surrounding the appointment process to Boards is also attathed. Your application will remain on file for two years'from date of receipt. Your supplying this data will greatly assist us in understanding how we can best use your talents and experience. We thank you kindly for volunteering to serve the Town. Please note: No volunteer shall serve on more than one standing Board at any time'and must trove resided in the Town for i year. Please return to the Town Clerk's Office, 11,00 North La Cadada Drive,Oro Valley,Arizona.85737. .-. - t.,..,- . Last First Mickilv Address 1174::iCii :L__ A t— l'-- f‘\' ' • \it:- .1--k-- - A • r' - \i:4ri' . ` 5Rem ........___................ .,...,..,L.,..I.A.L.,—..ift.....,,..,,,,(1\4_,.‘e,, -k ,._,,,.--,A.,. (----<:-....c..:- _.„. s--'(1,-, ..,..‘„14,---- \- =, i Street, city ., State (.1. Zip ..-, .(•7.-7 1 1 i .);".i , • Phone , 17.),.1.( t..) 'C''', .. • 1il ..,...• ,., . ! „' Home Plmp'. '' Ll... . ( 1 , 4 i -,'Business 22: ::::-_,..L..... LL::: t -- Email .,,,.,, 4,..,•, .A: 1 ,,:.',..,,r.,...1.. ,.. ..., 1 ' t Number of Yeat\s in Oro Valley ,_ 4 I (Must be a resident of the Town for I year.). .4,,„,-,-- - , ' • ' i 1 ! 'fit ‘.7•1:' / g;41 .4,,t) ' 4.:>: • ' !, ,..!'. i) ' Signature„..,::: , :L...('-k-.s'i2.:•:-;._:___4j._i.., •-,, ,.:,:d.„'si.. .,•;::"v!,,?.;..,: , Date '...--.)/9 1 .c.. i • PleaSe indiarcommissioncate the bo 'or commission yotf i wish to join: '''..'',‘ '1- *1' ',.. ,,:),'"'"4.' :i 1.::::''''. 4:j. I.:4,..),:,!:...1: ... .f. i , Please list your volunteer services in Oro Valley and and with other organizations including any hoards or commissions on Which you have served:'Cboard/corantission, civicedu1c,7a;tio-nat,cultural,social,etc ) C:4141-4iis '4 ,4 .I : ,._,f.,, ,... _ . - Y 121L____1__ 1:s. .............„..1.. 4.k e,,'.,,, , i#,7T4..... r„1,1 i 0 -,..,.'s,•1 t A.r'Lt•,.....tY7..t .. , --......... : 11 , e i . • i-- ..ii\lD.....5....R;.,:A,_lc 4;71,_..J.,-,),L....),,,,, .2. , ...": ,.,___...,,,„...‘ .,,,w, . „ _.,,,,, ____• ...... How does your previous volunteer service prepare you for the board or cominission-appointment for which you have applied? Please deseribsian issue considered at a meeting oftlicil3oard or Commission for which you are applying., 4, , ,c.=4., c — .1, ,t ,,-4 , i is: 4 1-.44 1, , ...;',,„...7. ,L .- „ : ,.....- f r , ) e:. . , ,,,,,4 f, 7„,:•• ite-1 f'r., v:,-;i'..,..:, t f,, -. .....,..L.,..........4,...i...;..--,:......--,...-:-,..e...4,...,1,....:,.,...... ..-” ......,...-4.-..--.,4;,-'.:....,,,..1...-...-1 ',' ', ••i•7•. ‘.. .;,....,..,...1,.........,....-4,..4,4-4-11.-3....,-....-4........ 0,-,..4..k...;47........:...;.2. 47.14.,,,,LL?....,, , ,...,S • fi ''t'', ' ' 113 / ,11''i& A, ' r' e 0.71, rd,-,:z1C- r4<. --'.-.:v 4,0 ".4-i .i 1--1. /fr7.'"k,i•-•:: ).7; i,.„.,:.,,...,__ ... .,., 1,-,. !% - .., .., K.'1 ? ....,..! ...,,,"•,, -..., ,......i....., ,3 -- - .• .., .....,'..t• C''' ..... ' ''. i .1,4 q ' ,. \ ,. „ ''',Iiit:.'s --• ii .1 ) ' 14"; \" s.0 j;Z 4, ,'11,A., i*14,,,..!:•*.f ...;"„),1 , _,A7:t' „,e, 3.44,J L.,-4-,1,.,. ruis.: .ii, , t: -, -. ,-„ . ',..,,,,,y,,v;,,,,1-r:'-', ' ;':..,‘ ,,'-' •6 - •;t,A...,,,,,L. t.N-4,,,.,:, .1,--,;..„7:!„„4„,(Ix,..,,,--,,..,,3, / ' FiaVe YOU attended the Citizens Planning institute?li.:, J., '.'iit.'4.i7,#Are you willing to:attend? i -,.) i . ._ . , 4 Briefly describe yOur educational/vocational background.,,.., ,.„,„, , Li .7). ( ..... t„-.... 1 Iv t(''',„. ..,t....,-) ,.. 4..., , tw, I), ,It, "V jrf.-- »on'1"Zs.,r., .14 t.,....s.4.1* ''''','.,, A)i5 4,--Tkt,l, ti,,,Ai ti _. . .............._ ....._ •.! * • , _ . ,...., , , , i ,.....-3,,,ez/,,,,,, ,,,.: .,...I.. tj A 1.71'-' , ,'• ,$ "..I ' 4•-'\ ' 1...,.r.:i 0 V‘'‘'''' 17-'''''''.L''',1.-`1'L''4. i •V" -:;'- ,ek.• ,.....," .:-)-*.,i's-- .• ''.-*' i'' ''11.:.. ' 4. 3,., L.,1)1,4,r.4444.1 (..•%41%.:`,,, --• ----------f ,;•7 _............... ........: • (....' ,...,• IF DESIRED,ADDITIONAL INFORMATION MAY 13E ATIACkED ..,.9,..,.,:, i{,, ,,,!•,,,i: ,,.. :.,, , ,i, 4/I 8/06 411 Item #: 2. TC Regular Session Date: 05/05/2010 Submitted By: Christina Pickering, Town Clerk Department: Town Clerk s... .....:N . . ..M..._ M..nk:M: .,K...x ..:..M..M.... .w. Y..,..._. :...n.....:.. ......... .M... . r._.ux...:µr. -..... .k.:. . i:..,..w..:..d r..n w......._..__... mM......m.:._M..... m, ......:... _:...... . ...: Information SUBJECT: PUBLIC HEARING - DISCUSSION AND POSSIBLE ACTION REGARDING AN APPLICATION FOR A SERIES 12 (RESTAURANT) LIQUOR LICENSE FOR HARVEST MOON CHINESE CUISINE LOCATED AT 12125 N. ORACLE ROAD #D-5 SUMMARY: An application by Mr. Quincy Zhang and principals has been submitted for a Series 12 (Restaurant) Liquor License for Harvest Moon Chinese Cuisine located at 12125 N. Oracle Road Ste. D-5. In accordance with Section 4-201 of the Arizona Revised Statutes, the application was posted for 20 days commencing March 26, 2010 on the premises of the applicant's property. No protests were received during that time period. Chief of Police Daniel Sharp has conducted a background investigation on the applicant and has no objections to the approval of the Series 12 Liquor License. (Series 12 Liquor License Description: Allows the holder of a restaurant license to sell and serve spirituous liquor solely for consumption on the premises of an establishment which derives at least forty percent (40%) of its gross revenue from the sale of food.) DISCUSSION: N/A FISCAL IMPACT: N/A CONCLUSION/RECOMMENDATION: N/A SUGGESTED MOTION: I move to recommend approval of the issuance of the Series 12 Liquor License to the Arizona State Liquor Board for Mr. Quincy Zhang and principals at Harvest Moon Chinese Cuisine located at 12125 N. Oracle Road Ste. D-5. Attachments Link: Approval and App Link: Series 12 :............�M...._n....,..._..w.�....�........r�....µ......x.�.....2....w...._:.. . . ...w.....:....:.............,...�................_..n.......w......w.._ v. ..........M...M..:.... ....:...W.._.. ....ww_....................,.......r..._..... .u:..__....uM_.w ,.k........,,...... ...a^. .ti..... ..... IOW 1( = 14' 04143..EY 444,, C1P 4 , POtIE 1' 6) 4 DANIEL G. SHARP AN 1, CHIEF OF POLICE %AIDE4 D A ' TO: Kathryn Cuvelier FROM: Daniel G. Sharp RL: Background investigation,Application for Liquor License Harvest Moon Chinese Cuisine 12125 N Oracle Rd, Ste D-5 DATE: April 13,2010 On April 13, 2010, the Oro Valley Police Department completed the standard background check on Harvest Moon Chinese Cuisine and Owners Quincy and Manlin Zhang, The Oro Valley Police Department has no objection for the issuance of a liquor license to the Harvest Moon Chinese Cuisine located at 12125 N Oracle Rd, Ste D-5. I I LI \ 1 a • \ i,"1.5737 Phtim 2.211-4000 * I , ,.....- ----'-------- - r" Arizona Department of Liquor Licened,fs and Control. , ...,„, -' lesit-4 ,,:--, : .,; y:-., .:,.qi:.: 2aFt :.. L..) illior $01;QW.:i;WASN99P, -.414r ViNI. -'-'-' ' ---' -- I 1 ItiviV, . 4: kr464Wle-- ‘ , nr,,,x,„.., ; 1 r 7ij:,,f54215:14:12 ,t,-';11‘.1 1 ilisor;‘A,Nri Li tp.-ii tiN,* L.,. --“APAPIICAT a 't ,FORTA 0 %MOW Iffalgt, ,,,,,,I, -ter,, •k....,,,,,--- i -'411,- 'A- -I fi; Notice: Effective Nov.1,1997,All • o'.,_....y: to:Partne : s! , skiers.Officers, f • :7-,.ers a.,e, ..., 1,. ; ,,,,,'IMhe day to day operations of the business must attend a DepartMeill„?e4; ,:id r.uor 1 `44a:s;'::§04100—r3iiiiiik.-•se. of atte----.,'°-,', ',.!ihttie last five years. See page 5 of the Liquor Licensing requirements. I h. . (... •,- , , SECTION 1 This application isdi' -;',., ,'''--. .,.;:',.::'-‘. .,... '44V-::: I . '' TIO-,,,,,' Ape of ownership: - ' tt'' ,‘ \ V,, ......, ... -..,. -1/4„.. , -413&-,!.... .7 f-'1-..' iv.' 0 INTERIM PERMIT Complete Sectifri 1 c \ ,,," .:.%, ,,. : u 3.W.!:,0.% . Complete Section 6 ,...., ,,,,,, . ,,,, ..., ,. ,„, , ?i NEW LICENSE Complete Section 4,4, 13,44, ki16,,' ,,,-." - ' rj-INDIV i. M... Complete Section 6 0 PERSON TRANSFER(Bars& Liq r,,, ,,,•4i-s ot4C.N4 .71/44001,7"00040 PA- i'ril-g- IP Complete Section 6 .tr li, , .0.4 , Complete Sections 2,3,4, ft Ito'-:,4:;:,,,,1"' ,Aitt,:t,-, l... ..::;'ioo." , 20 4p,t3,0*-;'-' 4"e 'ON Complete Section 7 0 LOCATION TRANSFER(Bars anfi Irr'::1/:- : titcPY), t'l 0 t rci1/4\1: '''i'''' ;12 00. ,,,, LITY CO. Complete Section 7 Complete Sections 2, 3,4,11',j'iti,i --'.j,,16 :':-:,,‘,.: ,,,P .,,e '''',4. _...0,-,' '.... el= U V-'c.-Iii :#Nte Section 8 0 PROBATE/WILL ASSIGNMENT/0''''' ''' Dec , • -':,;1114:, .-11:tV!,:7-;-:;1:1 G i'0„ ,- 4417 NV Complete Section 10 4 21u I in - '"Hi Complete Sections 2, 3,4t,-9',11","sr6-fe-s641: rteW 0 ;:,,,,,, •,,,,,T ST Comp ete Section 6 0 GOVERNMENT Complete Sections 2,3,4, 10, ii OTHER OTHER Explain - - - 1111.1..... ........ ........ ........ 111.111.... ....M... jr11/4(.14...... 11101101111.• imul01.111.1 01111.111Mmo wiiiiiilitimie 41110111100. 11m111.Nis 1401011.010 Ilaimma evommour a __.- SECTION 3 Type of license and fees '',,,N9rif , ..e' / LICENSE#: ,' „I i ..1. :11 7.k 0\--‘ • ..,,) Department Use Only 1. Type of License: ig45-')itatiiii44't4'_ 2. Total fees attached: $ APPLICATION FEE AND INTERIM PERMIT FEES (IF APPLICABLE) ARE NOT REFUNDABLE. The fees allowed under A.R.S. 44-6852 will be char.ed for all dishonored checks. i - ......... .11.11111111.11 Nalliallirn ONIONMIIIN ........ ........ ......... 1.......11 ...11.1111111. 061.1.1... 11111.01.1.11. Vi........ ........ .1.11.11010.1 011.5...... 11....11.1. ......... .......... 1.111.11111.. ......... a.......11. M. SECTION 4 Applicant p t 0— c,_.\-72.. (s., NU. , Q 1. Owner/Agent's Name: Ms. 6- 1t it Pk)61_______ ii 1 NI e,y _ (Insert one name ONLY to appear on license) Last First Middle - 2. Corp./Partnership/L.L.C.: I- A R.,vi "&'...*(--,7_ 1/0.0c,KJ al II/iv j5-6 (2LA is iiie: L LC.... CS 1( t2 ko co (Exactly as it appears on Articles of Inc.or Articles of Org.) 3. Business Name: /--itqR Vi,T.ST fitoc iv t/ikle_C*/-7 ( -ii(i.5/"06.. B (_--)v, 37?,,S—. (Exactly as it appears on the exterior of premises) 4. Principal Street Location JaQs M. 0 ia 4 e_t_6...: k6 S-it,.6-5 0 tez al L1_ Am A sin-739 (Do not use PO Box Number) City County Zip 5. Business Phone: 52;4)- '.,,I* - ..5 3 sl Daytime Contact:__ CL„. -7- -- 22... C._1.21.(42_____ .. 6. Is the business located within the incorporated limits of the above city or town? El:YES ONO _ 7. Mailing Address: - -.... t. . , - , 4-e I-)- 0 R.. V/3jZ /17_ V573() City State Zip 8. Enter the amount paid for a bar, beer and wine, or liquor store license$ c2c.-y--)9 4 — (Price of License only) DEPARTMENT USE ONLY Fees: _______ ._2:LE_ ( f Application Interim Permit Agent Change Club Finger Prints$ b_ TOTAL OF ALL FEES Is Arizona Statement of Citizenship&Alien Status For State Benefits complete? 0 YES 0 NO Accepted by:. Orli\ Date: 3-I -(0 Lic.# 11 1 0 L_A:\Z-____L_ i ' ilimor LIC 0100 05/20 9 *Disabled individuals requiring special accommodation, please call (602)542-9027. ir gf ,---) .- 1 - I • i AZ Dept Liquor License& Cr-trol Page 1 of 1. • ..,,x,,,,,.... .. ,., ,,,,,, •-,:.-- ----,-.4,-,r,, ---7zr.„7:g. --,-'------------ ...„.. ::-.: , ,,, ,. .)1.7;1:041.:,, .. ,4..ft,,,,,f)44 , ,:, Alinent.R.,,,• ,,,,,,i;ty, .,:j.,,,,,‘, -,.41,(-,,).-,,,. .,,, A,,.':4i,:_;,!, f4r4 4 4-,.''. ',,,.; .;.....'''Iti," '. •:"'''' t,*,,,,l4k,,,n,ri''' • ' ' .22!•g-L-,"-,,, i.b;:',' , • .. , . ,. . , ,,,,,,„, ,, , .,:‘,..,,,,,,,,,_ . _,,,,;,:,,,,,,, . , .., . , .. IV'•`::0'.• . • `fir:;$ ,44",'. ., ., . . . -• - . • ,•-••.-.. • • . . . . , . , — . - Log In You Are Here:Home > licengag > ado. > 12 p,,,:, :,.'^^f:' ',' • ' " ''• -' . License Types: Series 12 Restaurant License ; -'-• About a Non-transferable History On-sale retail privileges :Leadership'ream Note: Terms in BOLD CAPITALS are defined in the gloaa.a. : information :Licensing ....,......................_.....................______ . ...____.........._........_.................................._________ ... . ,•,..,,,i,..... PURPOSE: Training ,in._ , . ,.:•,...-.',':1- * !:-. l12-P ;y. Allows: Laws Allows the holder of a restaurant license to sell and serve spirituous liquor solely for consumption on•the premises of an establishment which derives at least forty percent(40%)of its gross 1517.1M .111Vi : -. Renewals revenue from the sale of food. :Query , ADDITIONAL RIGHTS AND RESPONSIBILITIES: License Drawing 2007 Liquor License : Liquor Board An applicant for a restaurant license must file a copy of its restaurant menu and Restaurant Drawing Entry Form Operation Plan with the application,The Plan must include listings of all restaurant equipment and F,A,Q, service items,the restaurant seating capacity,and other information requested by the department to substantiate that the restaurant will operate in compliance with Title 4. Glossary of Terms Forms The licensee must notify the Department,in advance,of any proposed changes in the seating capacity of the restaurant or dimensions of a restaurant facility. :Employment : Cont:NA A restaurant licensee must maintain complete restaurant services continually during the hours of selling and serving of spirituous liquor,until at least 10:00 p.m.daily,if any spirituous liquor is to be sold and served up to 2:00 a.m. co . On any original applications, new managers and/or the person responsible for the day-to-day operations must attend a basic and management training class, A licensee acting as a RETAIL AGENT, authorized to purchase and accept DELIVERY of spirituous liquor by other licensees,must receive a certificate of registration from the Department. A PREGNANCY WARNING SIGN for pregnant women consuming spirituous liquor must be posted within twenty(20)feet of the cash register or behind the bar. A log must be kept by the licensee of all persons employed at the premises including each employee's name,date and place of birth,address and responsibilities. Bar,beer and wine bar,and restaurant licensees must pay an annual surcharge of$20.00.The money collected from these licensees will be used by the Department for an auditor to review compliance by restaurants with the restaurant licensing provisions of ARS 4-205.02, AVERAGE APPROVAL TIME: Sixty-five(65)to one-hundred five(105)days, PERIOD OF ISSUANCE: One(1)year with option to renew. FEES:Non-refundable application fee: $100.00 Fingerprint fee per card'.Contact Department Interim Permit fee: $100.00 Upon approval... Final fees(full year):$2,000.00 Final fees(half year):$1,750.00 Annual renewal fee(includes SURCHARGE): $585.00 ARIZONA STATUTES AND REGULATIONS: ARS 4-119,4.201,4-202,4-203, 4-205.02,4-205.06,4-209(B)(12),4-209(D)(12),4-2090),4- 213,4-222,4-261; Rule R19-1-214,R19-1-231. Copyright 2007-Arizona Department of Liquor License&Control-PrivaCy Policy-Accessibility 800 W.Washington 5th floor;Phoenix,AZ 85007-400 W.Congress#521;Tucson,AZ 85701 (ifity. h . ttp://vv-ww.a.zliquor.go vs/licensing/seri es/12.asp 12/24/2007 Item #: 3. TC Regular Session Date: 05/05/2010 Requested by: Philip Saletta, Water Submitted By: Kathryn Cuvelier, Town Utility Director Clerk Department: Water Information SUBJECT: DISCUSSION AND POSSIBLE ACTION REGARDING THE ORO VALLEY WATER UTILITY COMMISSION ANNUAL REPORT DATED APRIL 2010 SUMMARY: Pursuant to the Oro Valley Town Code Article 15-4-5, the Oro Valley Water Utility Commission is to render an annual report to the Town Council. Attached is a copy of the Oro Valley Water Utility Commission Annual Report dated April, 2010 for your review and consideration of acceptance. This report is the Commission's fourteenth annual report. It provides an overview of the Utility's accomplishments during the past year and identifies issues facing the Town in FY 2010-11 and beyond. The Annual Report includes information on the following: -Water Quality - Ninth year in a row with no violations - Prepared Consumer Confidence Report -Water Conservation Program - Water Audits conducted for 179 customers in 2009 -Redemption of the 2001 Bonds -Purchase of Groundwater Extinguishment Credits -Increase in Groundwater Allowance Account and Long-Term Storage Accounts -Teamwork with Planning and Zoning on Graywater and Landscape Ordinances -Acquired low interest rate loan from the Arizona Water Infrastructure Finance Authority -Worked regionally with the Northwest Water Providers and Tucson Water -Delivered 2.5 billion gallons of potable water and 642 million gallons of reclaimed water -Responded to 37,430 customer contacts A copy of the Annual Report will be available to Council on April 13, 2010. Water Utility Staff will make a brief presentation to Council on the Annual Report. DISCUSSION: Not applicable FISCAL IMPACT: Acceptance of the annual report has no fiscal impact. Any recommendations contained within the report that have revenue and expense implications will be brought to the Mayor and Council for action through the budgeting process or on an individual case-by-case basis. CONCLUSION/RECOMMENDATION: The Water Utility Commission is currently reviewing the report and will finalize and make a recommendation to Council at their April 12, 2010 Meeting. Water Utility Staff respectfully recommends that Mayor and Council accept the Oro Valley Water Utility Commission Annual Report dated April, 2010. SUGGESTED MOTION: I move to accept the Water Utility Commission Annual Report dated April, 2010. Or I move to Town of Oro Valley Water Utility Commission Annual Report April 2010 Mayor and Town Council Meeting May 5, 2010 OROVALLEY WATER UTILITY COMMISSION ANNUAL REPORT Customer Service Water Quality Water Supply Water Resource Planning Water Conservation Operations Security & Emergency Response Planning Engineering & Planning Capital Projects Financial Highlights & Rates 1 OROVALLEY WATER UTILITY COMMISSION ANNUAL REPORT Customer Service Currently serving 18,401 water service connections Approximately 48,656 people 71 new connections in 2009 37,430 customer office contacts in 2009 3,616 customer field contacts in 2009 Continued implementation of Meter Replacement Program Water Quality 4,000 tests in 2009 No violations Did not exceed any Maximum Contaminant Levels OROVALLEY WATER UTILITY COMMISSION ANNUAL REPORT Water Supply Developed — Groundwater—delivered 7,693 AF (2.51 billion gallons) — Reclaimed Water- delivered 1,969 AF (642 million gallons) Undeveloped — Effluent — 1,500 AF — Central Arizona Project Water— 10,305 AF Water Resource Planning Groundwater Storage — Recharged CAP water at Kai Farms& CAWCD facilities Purchase of Groundwater Extinguishment Credits Reduces CAGRD payments 2 . _ OROVALLEY WUTILITY COMMISSION ANNUAL REPORT WATER USE Service Area Total Groundwater Use Year Population Billion Gals. Acre-Feet 1997 27,800 2.06 6,307 2005 45,800 3.22 9,874 2007 47,000 2.80 8,571 2008 48,454 2.81 8,625 2009 48,656 2.51 7,693 OROVALLEY WATER UTILITY COMMISSION ANNUAL REPORT ,-..,„ - , ,. , ,, ., . . , 44c---4,_7'At''''''':',,,,,,qtr( --,—;',,,'IR,0 Pr-Jo :' ‘-.1T,L,':'.: * ''',. '''':3 ', .,-, -s -.„ ' Water Conservation Program ---..„T.:4*w. :.. -. , -Lip 14 Conducted 179 free water audits R�� � i , , - '''''' - ' .-- Education — conservation literature r ._,Si,. moi.i. Rain Sensor Program 771-11";:r7r- am' ` #. ? Member of Water Conservation i r t; , Alliance of Southern Arizona "y t r,. '� ! '.fes-R t ', -fG 3 M OROVALLEY WATER UTILITY COMMISSION ANNUAL REPORT Water Utility Op 20 operating wells — Five-year average water level drop is 3A7 feet per year ,.:.:.-:, ,,-,,,i'7.,,,...1:::7111111'.'1719,,, ) — Water levels dropped 3.99 feet in 2009 18 reservoirs — 8,700,000 gallons of storage 27 booster stations 3" 355 miles of water mains 1 .:., . �. 2,002 fire hydrants ,(400 7,320 valves •t _ , a ,,, , _,,,,,,, . r.N. , Reclaimed Water System ':,,,,o-,--,,,::-:,-, 'i • 1 booster station - , . � , F Y • 1 reservoir— 1,500,000 gallons '. "1, 1 OROVALLEY WATER UTILITY COMMISSION ANNUAL REPORT Water System Security Fenced sites — locked f gates '74/ tf _ , protection = �' Wellhead , s _ T sensors with 1, {�'t ii = � ` ' a I ' Motion ' alarms/video ( ilita,1_ `4 � ,H drant defenders i L. 's .� ,1 . J � ,��_._._....�- 1� ,,.•�rs"mss ,_y`P ` `' ',,.c-,.' __ :,;. -,,,,, ,'ni. Emergency Response - ' ` �. Plan ., x. � ; ua dated security & `• �::�`-r �`� `r`" w emergency response training 4 .. . .._.______________, OROVALLEY WATER UTIIJTY COMMISSION ANNUAL REPORT Engineeringand Planning r 4,,,,,,..„.,:,,,c •'zn 'yam .F . iiiii,„ „.„,,,.,-,-„,, New Development -41aww ',..: r.,. (,' ,„„,-..„.„,„...„.„,,, ,.. — 15 Water Improvement Plans t ' _ ; reviewed & approved j = },f :Capital Projects andt . � � .� ; _ - Drilled Well E-1B i �� ' ' r — Modified pressure reducing valve , 4 stations =t = . s — Replaced Innovation Park Drive 16-inch water main OROVALLEY WATER UTILITY COMMISSION ANNUAL REPORT _„.„,...,, ,.._ .,, _ .. , . ,,,,...,....,,,,,—,- ,,_ Central Arizona Project Water - „,,,,,, .--- -.-„,,,-z,,,,T,-;---:-.7---:-;-.), ,- " 1„ ,,,, ` • ---;,-,4: 4:t,'4,174- - _ti - � -o Recharged 4000 AF .w ` a r_ _ Planning for future delivery r ,,r w h a° s Continued work with NW Water 'p Providers Water quality and distribution ,-- study ti ` t ..� ...��..�. 1 w �, Participated in Value Planning t, Studyfor CAP reliabilityteas ` --- .l 3 ~• \1.L.1'.\ 1 4 � Will benefit new customers and ;v:.. .�: ,, -�.... 1 existing customers — because we _.. -----d,......:,,�.4 ',. ,���, will conserve, protect and — ,. �� preserve our aquifer . �-^+_ ,� v. ik...-„r 5 OROVALLEY WATER UTILITY COMMISSION ANNUAL REPORT Financial Highlights and Rates Three Water Utility Funds — Enterprise Fund • Total Assets- $98,436,162 — Potable Water System Development Impact Fee Fund — Alternative Water Resources Development Impact Fee Fund Debt Obligations (as of 6/30/09) — Annual Debt Service-$5,186,737 — Total Outstanding Debt-$61,483,977 Water Utility Commission reviewed Water Rates Analysis and recommended increase — Council approved water rates increase on November 18,2009 Staff Prepared annual report on water development impact fees — Growth pays for itself ORO VALLEY WATER UTILITY COMMISSION ANNUAL REPORT Water Utility Commission approved the Annual Report on April 12, 2010 Staff requests Council acceptance of the report. 6 Item #: 4. TC Regular Session Date: 05/05/2010 Requested by: Stacey Lemos, Interim Assistant Town Manager Submitted By: Stacey Lemos, Finance Department: Finance .........�, ..�.w.,........ ...::...dA_:.c. ...�. .:.. ., :�....-..�.::....�...H�..�.:.�...,^........d.:^W:H .M,: �..z:.x�:.M.M.:«.�..�.._M.: �w.::..���... .n..s.a...,...rN�.�,:M.M:.�K..,....:...k :..�:.x.k_ h:...a.......�.�... ,x..Ya�.a.._ Information SUBJECT: DISCUSSION AND POSSIBLE APPROVAL OF ENERGY EFFICIENCY PROJECT FINANCING MEASURES TO INCLUDE A COMBINATION OF USE OF CONTINGENCY RESERVE FUNDS IN THE GENERAL FUND, HIGHWAY FUND AND WATER UTILITY ENTERPRISE FUND TO PAY FOR ENERGY EFFICIENCY UPGRADES IN TOWN FACILITIES AND THE ISSUANCE OF EXCISE TAX-SECURED DIRECT-PAY SOLAR CLEAN RENEWABLE ENERGY BONDS (CREBs) TO PAY FOR THE INSTALLATION OF SOLAR PHOTOVOLTAIC (PV) ENERGY PRODUCTION PANELS AT THE TOWN HALL CAMPUS SUMMARY: On November 18, 2009, Town Council adopted Resolution (R) 09-76 approving the execution of a Town energy efficiency conservation strategy (EECS) as a required component of the Energy Efficiency and Conservation Block Grant (EECBG) received by the Town last year in the amount of$164,200. A progress update on the elements of this strategy was provided to Town Council at the March 24, 2010 regular Council meeting by Bayer Vella, Conservation and Sustainability Manager. At that time, staff was evaluating the various financing sources available to pay for the energy efficiency upgrades and retrofits to Town buildings and facilities, along with gaining a better understanding of the recent changes made by the federal government to the solar CREBs. As you recall, Oro Valley was one of only two Arizona municipalities (the other being the City of Tucson) to receive a CREB allocation from the federal government at the end of 2009. The purpose of this agenda item is the following: • Provide an overview of the various financing options available for the both the energy efficiency upgrades and the solar photovoltaic (PV) project • Offer a recommendation for the Town Council to approve utilization of contingency reserve amounts from the General Fund, the Highway Fund and the Water Utility Fund to pay cash for the energy efficiency upgrades and retrofits in order to avoid additional financing/interest costs on that portion of the project • To direct staff to return to Council with a resolution to authorize the issuance of direct-pay solar CREBs bonds for the solar PV project DISCUSSION: The total estimated project costs as outlined in the APS energy audit for both the energy efficiency upgrades/retrofits and the solar PV project are $4,243,162. The energy efficiency component of the project is estimated to cost $1,848,882; and the solar PV project is estimated to cost $2,394,280. There are a number of different financing measures that the Town will be accessing to pay for the above projects. Again, it is important to note that this entire project is self-funded through the guaranteed energy savings detailed in the energy audit previously provided to Council by APS Energy Services. The following provides a more detailed discussion of the financing elements associated with each project component. mow Solar Photovoltaic fPV) Panel Installation — Funded with Clean Renewable Energy Bonds (CREBs), Renewable Energy Credits (RECs) from Tucson Electric Power (TEP) and Annual Energy Savings Cow CREBs Financing. Thisj roect involves the installation of 1,344 solar photovoltaic panels on parking shade structures at the P � Town Hall campus that will locally generate a portion of electricity used to power the buildings at Town Hall. The Town received authorization by the Internal Revenue Service (IRS) to issue Clean Renewable Energy Bonds (CREBs) to pay for this project. Originally, CREBs were authorized by the IRS as tax credit bonds whereby the issuer (the Town) would not make annual interest payments to the bondholders. Instead, the federal government would provide a tax credit to the bondholder in lieu of the Town paying interest. Even though CREBs were intended by Congress to be issued without interest cost, a supplemental interest cost is often required to be paid by the issuer ranging from 2% to 3% to make these bonds more desirable to investors. The initial supplemental interest rate quote received by the Town on the tax credit CREBs was 2.75%. In March, however, President Obama approved federal legislation to allow the issuance of taxable, direct-pay CREBs bonds in lieu of tax credit CREBs. Under this structure, the Town, as the issuer, would be eligible to receive a subsidy payment directly from the federal government in the amount of the lesser of(i) the amount of interest payable under such bond, or (ii) 70% of the amount of interest which would have been payable under such bond if such interest were determined at the applicable credit rate set by the U.S. Treasury at the time the bonds are sold. The direct-pay CREBs are similar to the structure of direct-pay Build America Bonds (BABs), authorized by the federal government as an alternative to the traditional tax-exempt municipal bond security, which has opened up a whole new class of buyers for municipal debt and offers a broad market for the issuance of the taxable, direct-pay CREBs. Because there is more demand for direct-pay bonds, the effective rate paid by the Town for direct-pay CREBs will likely be lower than the interest rate quoted above with the tax-credit CREBs. This interest rate is set by the US Treasury Department and is locked in when the bonds are sold. For budget planning purposes, Now the Town has assumed a 2.5% net effective interest rate (net of federal subsidy) on the Series 2010 Excise Tax Secured CREB issue. Staff is working together with the Town's underwriter, Stone & Youngberg, LLC, and bond counsel at Gust Rosenfeld, PLC to put together the direct-pay CREBs bond financing documents to bring back to Town Council on May 19, 2010 for approval of the resolution to authorize staff to issue the CREBs. Once approved, the target issuance date for the CREBs is on or around July 1, 2010. Tucson Electric Power (TEP) Renewable Energy Credits (REC) In March of this year, the Town received approval from TEP on our application for their renewable energy credits program as an additional funding source to offset the cost of the solar PV project. The total money reserved by TEP for the Town is $1,664,032 over twenty (20) years at a renewable energy credit price of 16.1 cents per kilowatt (kw). This results in estimated annual payments to the Town from TEP of$83,202 to assist with financing the cost of this project. Annual Energy Savings Finally, it is estimated that the local production of electricity to serve Town facilities will save, at a minimum, approximately $71,000 annually on utility costs that the Town would normally pay TEP for energy costs. Energy Efficiency Upgrades/Retrofits to Town Facilities — Funded with Town Contingency Reserves. TEP Eneray Rebate. Federal Energy Efficiency and Conservation Block Grant (EECBG) low Funds. and Annual Eneray Savings This component of the project includes a variety of measures aimed at installing more current, standardized energy efficient equipment and components in Town facilities to reduce energy consumption. These upgrades/retrofits include, but are not limited to, new lighting fixtures, solar water heaters, new HVAC systems, low E window film installation, and installation of more energy efficient water well pumps. As mentioned above, the total estimated cost for these upgrades is $1,848,883. Staff intends to use the full amount of$164,200 in EECBG grant funds to pay for the replacement of old, inefficient HVAC units on Town Hall campus buildings. The Town also qualifies to receive an energy rebate from TEP of approximately $57,000 that will be paid in lump sum to the Town when all upgrades have been completed. Staff recommends that the remaining up-front costs of the energy audit upgrades ($1,627,683) be funded with the use of contingency reserves in the General Fund, Highway Fund and Water Utility Fund. The APS energy audit had included the assumption that the Town would enter into a tax-exempt lease to finance the cost of these improvements over a 15-year term. Initial interest rate quotes received by APS on the tax-exempt lease option were just under 5%. This project is self-funded via energy savings whether we use the cash reserves or enter into a tax-exempt lease option; however, the cash option maximizes the economic benefits significantly over the lease option. This would result in avoidance of over $600,000 in added interest expense over the 15-year lease term. Therefore, staff recommends Council authorization to use contingency reserves for the remaining project cost based on the same justification provided for the bond defeasance approved by Council earlier this year. This would entail the one-time use of invested cash reserves currently earning less than 1% to pay for these energy efficiency upgrades, rather than paying interest of between 4% and 5% on borrowed funds. Use of these one-time funds for this purpose also serves to reduce the Town's annual recurring energy costs. Based on the cost of the various upgrades to the select Town facilities, the following is the breakdown of %so contingency reserves required from each fund: a GENERAL FUND I. HIGHWAY FUND - WATER UTILITY FUND TOTAL 55/0 ° 19% 26% 100% a a $895,226 $309,360 $423,197 $1,627,683 1 •w.w<u.<.vr..wxwru<wu:.:tt.nm.w.nor.wuuwnttu.:.wu<aawe:w:««a<uuww:««e..uu«a«... u::a ru'.n:>.uaw.w...<..w..a..;uw:«.u<>:<.cx'..e..rn..a.<:.<..nx c:w.a..-.u..<»..:.uu.u.>u-<....<.'...a.'.e..r<«ni R..wnr...u^ee :..e..e:«.ttuse>H.vwu<ov«o ..uu.>o o« u>...><u,....:..>......_.urv,>.:.... ..ru az< u»mromuwsawoeevaeKv «wwww.esw+n:wwww«x.<wm<e«.wwww........n.."a«w.rwawewe:ww-.w«wsoomenweew Use of contingency reserves as proposed above would have the following impacts: • General Fund — current estimated FY 2009/10 year-end contingency reserve balance is $10.9 million. Using the above amount of almost $900,000 would bring this balance down to near $10 million, or to 39% of the recommended General Fund expenditure budget for FY 2010/11 of$25.7 million. • Highway Fund —current estimated FY 2009/10 year-end contingency reserve balance is $4 million. Using the above amount of slightly over $300,000 would bring this balance down to $3.7 million. • Water Utility Fund — current estimated FY 2009/10 year-end reserve balance is $7.3 million. Using the above amount of slightly over $400,000 would bring this balance down to $6.9 million, or to 47% of the recommended Water Utility expense budget for FY 2010/11 of$14.5 million. FISCAL IMPACT: New As shown in Exhibit A —Overall Financial Summary provided by APS Energy Services, the combined annual energy savings and solar energy incentives expected to be derived from this project significantly exceed the annual costs of the CREBs bond debt service and solar operations and maintenance costs providing positive annual cash flow from Year 1 of this project. CONCLUSION/RECOMMENDATION: Staff recommends approval of the solar and energy efficiency financing measures as outlined above, including the authorization to use contingency reserve funds as specified to pay cash for the energy efficiency upgrades and retrofits in Town facilities and the issuance of taxable, direct pay solar CREBs bonds for the solar PV project. SUGGESTED MOTION: I move to authorize the use of contingency reserves in the General Fund, Highway Fund and Water Utility Fund in the amounts specified above to pay for the energy efficiency measures as recommended in the APS energy audit and direct staff to return to Council with a resolution to authorize the issuance of excise tax secured direct-pay solar CREBs bonds on the May 19th regular Council meeting. 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Y �� oO9O • LIO O E E • €2ai W O E0- w w 69 w 69 69 .ic � � 2 o o f, C` X C > m w C C 2 Liuii cn me aCi E s 3 m C � 2: Y (.`a (a FU -L >12 �w�C70cn � Nmc°n f°- Z 0 ty rte,:. . 'ouNDEO Novisommini. . ENERGY EFFICIENCY CONSERVATION STRATEGY FINANCING METHODS May 5.2010 PROJECT COMPONENTS ` FROM APPROVED ENERGY AUD il4 ;'' 0 Solar Photovoltaic (PV) Panel Installation at Town Hall Campus— Estimated Cost$2.4 million c Energy Efficiency Upgrades/Retrofits to Town Facilities— Estimated Cost$1.8 million Solar Production&Energy Efficiency ' -.;,%;;I: - , 1 '? Itt. _. -- 0, .... . , 0. AS AR ii.74 'al— s .r. 1 Major Improvements... Lighting Fixtures 1522 • HVAC Unit Replacement 10 • Water Conservation Fixtures 108 O Energy Management Controls. Bldg's 6 • Low-E Window Film.. Bldg's 6 O Pump/Fan Motors 10 O Variable Frequency Drives 4 • JDK Pool Solar Heating.Panels 46 4 New Pool Cover 1 O New Ramada 1 O Street Lighting,Fixtures 253 O Solar PV Covered Parking,Panels 1344 4 Police HQ Solar Water Heatina 1 SOLAR PV PROJECT fJING immimimmusiwiamiimimemarib • $2.4 million issuance of taxable,direct-pay Ili Clean Renewable Energy Bonds(CREBs) O $1.7 million in Renewable Energy Credits from Tucson Electric Power-$83K annual payments over 20 years • $71K estimated annual energy savings ENERGY EFFICIENCY RETROFITS/. UPGRADES FINANCING _ . �... $164,200 from Energy Efficiency Conservation Block Grant 6) $57,000 from TEP energy rebate program— eligible for once project is complete O $160,000 in estimated annual energy savings • $1.6 million from contingency reserves in General Fund,Highway Fund and Water Utility 2 USE OF CONTINGENCY RESERVES 4- , 6)Total Requested -$1,627,683 -$895.226 from General Fund $309,260 from Highway Fund -S423 197 from Water Utility Fund Avoids interest expense of over $600,000 vs 15-year lease or bond financing option 61 Significantly improves payback period on this project component IN SUMMARY 6) Remaining contingency reserve balance above 25% of expenditures General Fund policy requirement 6) Project is 100% self-funded 6) Energy cost savings are guaranteed by APS Energy Services 6) Invest in Town infrastructure instead of maintaining current utility expenses COUNCIL APPROVAL REQUESTED Al Authorize use of contingency reserves in General Fund, Highway Fund and Water Utility Fund 6) Direct staff to return May 19th for resolution to issue direct pay solar CREBs bonds 3 �uVHDED 1Q�a • ■ Questions • ' --------- ---- - -- TOWN COUNCIL REPORT DATE: 4.28.2010 TO: Councilmember Gillaspie FROM: Stacey Lemos, Interim Assistant Town Manager Steven Moore, G.I.S. Analyst SUBJECT: RESPONSE TO COUNCILMEMBER GILLASPIE'S REQUEST REGARDING VACANT, DEVELOPBLE LOTS WITHIN THE TOVVN, FOR THE WEDNESDAY APRIL 28, 2010 STUDY SESSION. This report is in response to Councilmember Gillaspie's request regarding vacant, developable lots within the Town. Using the July 2008 memo, "Fiscal Impact of Proposed Residential Impact Fees from the Town Manager & Finance Director (and accompanying GIS map) that was handed out, please assess changes from the 4500 residential lots that remained to be developed within the Town in 2008, as mentioned in the memo, and provide Council with an updated memo and map. DISCUSSION Based on a revised parcel inventory (please see attached map) there are approximately 4.205 residential-zoned lots remaining to be developed within the Town. Assuming the average issuance of 100 single-family residential building permits per year (down from estimates of around 300 permits per year in 2008), the Town could expect to reach full build out in about 42 years. With approximately 4,205 remaining lots and an estimated average of 2.4 persons per household from the 2000 Census, the Town could grow by an additional 10'100 residents over this 42-year timeframe. With the Town's current population estimated at 44,000, the population at full build out could reach approximately 54OOOto55.00Oresidents. These population estimates indicate that the Town remains approximately 80% built out in terms of residential construction. RECOMMENDATION / CONCLUSION This report is for information only. TOWN COUNCIL REPORT DATE: April 28, 2010 TO: Mayor and Councilmembers FROM: Kevin Burke, Assistant to the Town Manager CC: Jerene Watson, Interim Town Manager Stacey Lemos, Interim Assistant Town Manager Department Directors SUBJECT: Response to Requests from Town Council I. •• ,ra-MGC,MAK. - Mayor Paul Loomis • One-time dollars • DIS Ombudsman • DIS consolidation, vacancies Vice-Mayor Bill Garner • Cultural resources staff time Councilmember Mary Snider • Neighborhood Cleanup program • Community survey costs Councilmember Barry Gillaspie • Developable lots TOWN COUNCIL REPORT DATE: 4'2B'2O1O TO: Mayor Paul Loomis FROM: Stacey Lemos, Interim Assistant Town Manager SUBJECT: RESPONSE TO MAYOR PAUL LOOMIS' REQUEST REGARDING ONE- TIME DOLLARS, FOR THE WEDNESDAY APRIL 28, 2010 STUDY SESSION. This report is in response to Mayor Loomis' request regarding one-time dollars. Where do we use one-time dollars and what is the distinction between one-time dollars and the use of reserves/contingency? DISCUSSION It has been the practice of the Town to balance the annual General Fund budget by using contingency reserves to pay for one-Ume, non-recurring expenses, thereby preserving recurring revenues to pay for recurring expenditures. Examples of one-time costs funded with contingency reserves include new and carryforward capital improvement plan (CIP) pnojeots, consultant studiee, and annexation consulting costs. This practice has been approved by the Town Council with the understanding that during fiscal years 2006 through 2008. the Town experienced peak commercial and residential development aotivity, resulting in significant one- time revenue increases (i.e. construction sales taxes and building permit revenues). As a result of this growth, the contingency reserve balance grew to over $17 million during that time. As explained at the Baturday. April 24th budget study sesmion, development activity has declined significantly and is not expected to return to these levels in the foreseeable future. This, paired with expected year-over-year declines and uncertainty in state shared navenueo, is what led staff to recommend a balanced budget for FY 10/11 without the use of contingency reserves. With the peak period of development activity behind us, staff now feels that the construction activity projected into the future is more recurring in nature (i.e. less than 100 SFR permits per year. tenant improvement construction activi1y, home remodeling construction activity, and lower levels of new site-built commercial construction). Therefone, careful consideration is recommended for future drawdowns on the contingency reserves since the local economic activity of three to four years ago no longer exists to replenish those nsserves, along with the fact that we are now tapping into the Bed Tax Fund to subsidize General Fund operations. RECOMMENDATION / CONCLUSION This report is for information only. TOWN COUNCIL REPORT DATE: 4.28.2010 TO: Mayor Paul Loomis Vice-Mayor Bill Garner FROM: Suzanne Smith, Building Safety Director Kevin Verville, Information Technology Director SUBJECT: RESPONSE TO MAYOR PAUL LOOMIS' AND VICE-MAYOR BILL GARNER'S REQUEST REGARDING THE DIS OMBUDSMAN, FROM THE SATURDAY APRIL 24, 2010 BUDGET STUDY SESSION. _ „.. This report is in response to Mayor Loomis' and Vice-Mayor Garner's request regarding the DIS Ombudsman. How is the role of the ombudsman going to be tracked for performance metrics? Real time? Complaint database? DISCUSSION We will utilize the Footprints (CSMS —Constituent Services) software for tracking issues, requests for information, and customer feedback by the Ombudsman position. This can be accomplished by setting up a new "project" within the system. The purchase of two additional licenses will enable the Ombudsperson and the Director to access and manage the program. The cost of two additional licenses if purchased before the end of April 2010 is $3,540, increasing to $4,043 thereafter. Implementation is estimated to take about eight weeks once planning for the project is complete. RECOMMENDATION /CONCLUSION This report is for information only. • . •• TOWN COUNCIL REPORT DATE: 4.28.2010 TO: Mayor Paul Loomis Vice-Mayor Bill Garner FROM: Suzanne Smith, Building Safety Director SUBJECT: RESPONSE TO MAYOR PAUL LOOMIS' AND VICE-MAYOR BILL GARNER'S REQUEST REGARDING DIS CONSOLIDATION, FROM THE SATURDAY APRIL 24, 2010 BUDGET STUDY SESSION. This report is in response to Mayor Loomisand Vice-Mayor Garner's request regarding DIS consolidation. In 'Attachment D' of DIS consolidation, how many vacancies exist, and should some of those positions be eliminated? Please provide Council with a list of positions that could still be eliminated, and those that are vacant and should remain as unfunded, authorized positions. Where might we be able to fill any at a lower position rather than maintaining a higher-level authorization? DISCUSSION Attached is a revised "Attachment D" from the April 24, 2010 Budget Study Session. In the "Proposed Change" column, items have been highlighted in light blue to indicate positions that are proposed for elimination or retained as unfunded authorized positions. Five positions are proposed for elimination (in addition to the three previously eliminated), and six positions are proposed as unfunded authorized positions. Required work functions, years of experience and special knowledge or expertise must be evaluated to determine whether a position could be filled at a lower level. The recommendation of the Building Safety Director is as follows: • Building Inspector II (vacant, unfunded), should remain at this level due to the expertise, knowledge, and certifications required to review and inspect commercial facilities. • Plans Examiner II (vacant, unfunded), should remain at this level due to the expertise, knowledge, and certifications required to review and inspect commercial facilities. • Sr. Office Assistant for Building Safety (vacant, funded), should remain at this level (second to the lowest of four levels in this classification), due to the number of years of work experience, as well as the knowledge and ability to work in the database software systems for permits, beyond that required at the Office Assistant level. • Planner (vacant, unfunded), already at the lowest level within the job classifications. • Sr. Office Assistant for Highway Operations (vacant, unfunded), could be downgraded to an Office Assistant position. • Streets & Drainage Crew Leader (vacant, unfunded), should remain at this level due to the supervisory capability and number of years of work experience required to perform job functions. • Heavy Equipment Operator (vacant unfunded), already at the lowest level within the job classifications. 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Planning&Zoning Director 4- ..' 72 ithanim's...... ...„;:!.,,,,,.•!,.....„.„,....::,:,,,,,,.,..:.. . . ,,son&suste,nab ity , 1.0 ... illk:-..,,,,,T77."":.:.."•::•••:,,,,,,"14,,,"4,D,k:::.Co-''''''''` , 1.0 15„..... ••• a ioning Director --t-"iisii ...-.":4601f#VIP1: , ,:. ::..4 Plainer _ Asst.Planning . 1. v,. - - ...;.. "rflitt,::';.:.1,'9,,A,I14',....,,...::.,':•:,,,,,,.,,:,,,,t.,..:::....: • ..,.,:::,;i,:.,:ni*,t,P,,,,,,c •••••:: 3.0 60,.... 1 0 69 ,... ' • viit,riii*Ood -::::-•-.:• :,,,,'Planner ,. ••••'r conSP46..afv1 P.70°:8,t3sC7stardinainabat7Y Menai!" '-- * •• •...... i „.. , „„.. 1.0 65 il,40,4;IttilleW ...; .._ , '-•60 • :.,1,,,,,,,..rie pria?:pai Planner ,. 3.0 , Senior Planner , t , 55 ...A,..v...,..,:::ar404iiii......s'':•.kikrA!Z,..'...i,.isioniil.,in iv,141,...1.!,.!,..„.,.. ,.,-;,-.„,..)0e cporniansollaLacen„Coontr.....!71or .41,,.,..v. 111:400 441: Planner ' 1' ce Tite.44Sattleet..,:.:.* t,t ,,..,,,i,,,,,,d,, ,.,..5,!r9 ei,,Tech • 1 0 - .....,,,,-..", .. 44 Supervisor t * ao ' •liiiiiiiiawTJ::..wvkl.,.Iim7,5'.'H.:„ . ,,,,,ng.'insP• Coordinator°T 'I 1.0 . ZOniniPn?9ram -, ,,...4.1 '' 1.0 1' -.‘i '0.;171:**47.7V16..,,.,< i:Mel :,,,. 4"oteni.:,,q„,'X' Z9f!Y19,.Inspector . -1---1-7.6 44 F,enning.Tectinician _.,. --.47_31.:°9 -444 :' ' .••''v47,01404#,WPr-f,T . • ,Coordinator Development * 1.0 -'::),Viesttio!k.!".".01.........,-.. .s...,,o,office specialis.t 40 . q.,,,r..,,N,ri.le -; .:,.senior Zoning Inspector Tech 1.0 44 . .•..:,,l,to..*0.41ii 1111:11 Senior Office SpociLolist -4" 0 33 -. --i.-....c.,.., , 1. Senior Office Assistant : . Office Assistant 1-: 1.0 33 Office Assistant i 1 8,0 Tet*Id-4 Plan"'s-s,•8',..Zri!),.'"?,,,.,:••:...„,,,,H.,.,,,,‘,.,,,,i'"'n's:!,,,,,,,.*:'?„,,,,;.•.'J.° 2.8.'..,::7.7:,„ ''''4:.ptvreo......,..::.L,154t4-:.2:.,,...":„..n-f.--f....,:rlt-s,.:..,4.,:,-----„ . ,....,.,!„,.,,,..mi,;1n2:.,..;....,,,,,,;.F. nlit plan Review ,,,..0.. ..., .ti,4106a,,,,,,,,,,,,, : .t . ::,,:i.:,:,'Seekt•Or,,,,IV Engineer _ '•° /5 ''''' ititi:CttiNVO4o,4T.ir,.:::.;,v...4.4,eer7aDesi.9P Renewer, 1.0 47 _..., Development..,,ciien9Reinevieewr Division Manager .•'',..,oetenc..e.. ,,::0,::•!:::m:;%:,m,,,,,,:;,',.::.,,,,,,,;:4'';.'-:::4,• • 0,A9 Tecnnic.a,. Li,,,,,. -.....,,,,_ *.trrtr'7.#7..*:::,..,:..'..7;c...EN.ne . ' 11:°° 587° lori.,14','.. -.....,,:ete419 !#/411gf.: .I..':.,,„..... ,,C,'.',.,...I Engineer I 4.0 ' 2.0 47 ....,,!':'...'.....'774.7 ,:; I,....:,:.44,::,01,00000i06740`,.- 6, ' ...'":**1°'' ' iii:peer°Ernsi 18..119 Ont9TnethRO:.e:inct, 1.0 ' . '.••i i:', ("i'''''*: Civil Engineer 6.0 s , to 82 Total Devote.. sot Review :-------- pr..,.., ..,;own Engin ,_ "..!. 1.0 50 : '''''Ll'''''"I'L''''''.<3:L'''*':'*'-'ll''''''L'j'"'-Ti':'`'''.....'4'41:•':' .•4....a...-.., • ••Ililltitlt‘e' .,....:.:.."7.,..::•.:..*' ,,,,,,,,,,ti,,e,,ercoora,f aiOr TO'I*47,..7,70,. ,s.....,,„..._' ..',I0iiMani:H;:::::A:.'V'','' •1 7 1.0 ...39 Director ,, i.0 b.. Mo-..,,,,,;pm4,4l4X*Ag•Ni::::::;:;:;,:,.,::.:.,,,,,,orirk.:,..Specialist . 1.0 75 Engineer/PW Town Eh9; •:'.."'',,,,,..',,:.:,-..•-•:,,,,,,,,,,,,,,tkett•g•,ii.:,,'?:!,..,,,,! :::2. Manager,Ent neenng 1.0 50 ifil*:.:.':::,.•., '"4".:-.............,,,,,,,,,,,,0,,,,sion M - l' 1.0 70 1.0 35 ' AdministrationT Coordinator ....i... 75 ' Office spetialts1 , ,... i 1.0 .., .> 4.- -- 1.o 64 „. ..i,.....i..,',. ,. :El''''';'''''CiV"Engineer Manager -----t--------------- ,:.:, „,,,„,,, ,,ri4,,,:,;:wgi,,,,,,,., ,,., -,....,„E,gineerfPro)a ..., 58 1.0 .70 ...... 'fl.:,:i tf.,.,,it)i, , 1.0 S .. 1.0 64 Eengni,oneer crivmageDn9ivi.isnir:en,Manag - • r Designer nginee : i.g,.. 51 'Engineer/Pr°0°Manager '..„ . ''... 1 0 62 -,••,,.....,.",,. '" ..,.„„......_ ‘.4.,:,C'',,,,,,- - 51 .-...:..:,..,..,...,c.trca,Inspector _.., 1.0 58 .. , . . .,. .•. .,,,,,....... •.i.,‘::::•,...::,,...aN,• 1.0 53 CCO'ndstr.Ucti Construction Manp:re, Civil Engineer Designer , 1„o . ,.::...,:.,:::.,,,,...,,,:: Construction Inspector N,•:..:.,,,,,,,,,,.;,:, : ' -......... ..„ 'fir,c,0,,,.:,..,4i,C.Engineer,,i vw,,..,1,EngineermEngineern as0,.,e,.,,Technician09p..e ir t:.o.,,s 1 11.0: 7158 1.0 64 , Construction Cleric . . Sr.Civil Engineer Technician •----":1..--11..00° 357351 ,..:-, ,,,,,,,,,,,, -T" 1.0 4,7_ Operations Division Manager ,....:..,,-. ...4.. .:„.:::„:...........,.::_.,_.,.• . C R.,a..$1 , . 33." 1° 54 .140,P,Itleite..44,44:44.l :,,,,,„,,',..,p,,,tornent Management'1,n 4... •- Civil EntrIssr..._..„.. ,, 1.0 58 440:**4,34,4040/.'"'"--'-':",-•,,,1:,:::',;l::',:5'''.;,,•••,4',..,":!'•.4 AsWstant .s• :....•se,,,Of Office -4- - 33 ;• 1.0 4...... 47 e, ;,i„n•Engineer Designer t 1.0 VtiKartt :.,..:,.,,,•;''''''.... ,,;:,•s,,,,.• cur Office Assistant Leader •.**1 1.0 53 P-a!v-V-e-rnnt-Management 1 Specialist T i.0 33 Senior Office Assistant Office Assistant l''''' 1.9 4433 , , ....,74;..::".0.7.08.41.11,.,,Af.r:".„,„,,.,,.,:.,.,,'‘,,..:,.,:,.:of..•,..,...?,:,...„:„.,..7.::,.::::::s..ist.:L::.63,..0,1(aaviiinnapeker . „„:,..•.,:.,) .,„... , Streets&DrainageSr. .e, Sun or Sr Crew Leader , 3/:°0 ,5317 A Drainage Crew Leader I. 1.0 ''''''C''''''':14 •..'-team Er19'Prne°,-...--•-••• I ...,,,,, ..,.Heavy Equipment ggt.eeCS:1Catroere a Operatorar . . 42.0 39 Streets- .,,,er,,();u a. i 39 Senior Heavy Equ;pr , 5.0 . ••',.:2-,:..':•7.:. ...,....,, ,...:::..' ::.... Traffic Technician ant Operator ...4,,i„.,s......'.i.,..:..h„:.!.!. :::.:::.::.:,:,,:v,,.::,::,:77.1:k,i Sen''0' , Heavyc591P.7 . 1 2.0 30 ,.,.., 53 firlaTinteriance_Worker... ,nician 1 1.0 ...,.. 11...000 I4447.. Senior Traffic Teen . 1.0 47 „.,1.7;.:**-"17, ,e.s.,,,•-''''' ,•::'..:::•...r.71•.'..f. . :,•;,:;rfilii,il1...i.Trraalitf,,cic TS.ignhnsc.Crew.ri,Leal!!.,n ..c,,_ ,„''',', 2111.:.°°00-,. 53434P8:7 '• "1- -•,:,•••"4.4,0*.:;„.:,, ..,,Traffic sInsitystatj..L_V !"..* , 1.0 3 '''-'.•''''',"' ,, w:m,,,,, ser,e, Traffic Sign Crew Leader , 1.0 47 ...,.,ii,t,,, ,,xt.,:,4:„:„.::,4:4:• : Sy nsiMa...in•s !..•,,,,,,,,,,rm, , :.,,,,,,,,:::,.:.:,,,:,,.:.:,....,,,...Trafficck Worker 29.0 Nt,',1>,,,'"'it .::.: . Traffic Ct a.--'''1"---"r- •, 1.0 Trafficn.,0r Technician,..,,s.,,,nlim__ ..,,,,,,,,:. ....••••,,fikm.,....4100 .. ..:!•00.0%,:,,,..:.. ...,,,,......--,,,, 4 Traffic Si.gne/Maark:::Or::4.14(VoerkniltWGr"r L'.,..-„,...,..::.,, ;439.1.1 Total 16*. . ,` ---"-:',.-a„H'„,:tie... 4lAa.74,t.ot°Tian c an,e TCerecwn Leads' ' :.•(7) 39 NO CP4111!"... a>- 1 " , ..... ....- , • t,........ii,nr3r....- Maintenance '.'•••• lti:004::::.4,.":1!!...:•::.,:::::,•••••• Facuittes .N,:!i:..4..:7.:' • - i 0 64 . ..........„.„.„.„.„........... . 7777*„.eed..:..';,.:..••., :,,. --.water EnTneer . _ ,. Facilities Maintenance Crew Leader Leader ' 11:0° 4397 Total Facilities M4,--r,17tendn'' "--- . 1. ,,--2: ,r,.:,,,,,,:•24,•'', • 10 47 •.:,.:•:.,,:,.C:••".:.:.,..":•;'•'' ....i.,,......:•-..„..,..,Engineer 10 64 „..,, 1V 64 ' •;440• ..itie,,,:.,,,,,,,,,'",''' .....';.., Erw,ineenng Tech° 4 .01irtilk_.,-„,r,.. :,...........„..„,,,,,m:,.,,Q4...!k.,,,, .., . „,. . •.:'81010r1::".•:: :•:•' .. -•1:::.,:ween, 1310.„. 47 1.0 :,,,,lo,tf.Rapra,. :;„_,..„ „St,,,,,,yater Eqg,••,eat ,.‘ 0 3 2.3 - 1.0' ..:W ClniviedinEngineering Techrucian Total Stormwattar ,L..., - :.,,.•ItiRek,'•'• Mechanic Il ,..„..., ' '' '.434" faeo#.' ••,,:•.,,,..,,,,,Maintenance 1.0 47 . •-"''''''''''''..,. .,0 . ,,,.77.%' ..4toit,141001t10604- , ...........:....,,,pr.., ...r 2.0 :‘1.!..i;airlytyelle'viii' T::,•71,,,,34.,:na,h,n,:::: .1.,;')I ......;'''. .,..,:''':.00i,-,..11:14""s1/4.........!:11°:,:** ;'''''''''7,---....: i;',..;,,Ma,nterlance Mechanic III '''''44Vitgia.:',44:,,,,,....„,... ,..,, Total F,...,mjiint„,„!;t4...:::.„.„,..„mis,.„*.„..„., ....4.‘..,.,c1.4!21.,,_ 4,...fans,se....,,,,,.,.0,....,,,..,:,..,:::,:d.,,,,:..,„•.,,,,..i,,..,str,,,,,:: :•::i.,:,,.,: ,..,.'.'...,'...I.'.:',:•i'':;.ARYN.::]::;,.,.,4"'',•.,,,,',.•;4i';,•.. 1,0 37 ',Tr .„,::,..-:,,,.,..,:•••••"':, ---- No.C.,a1:_ead Ta' '. . 1.0 37 •J•g,,,,, 33 3.0 1 3 33 lLefaanosTgtrSa7i"'sitC0ens,:rAdefE"'n'3"°17 11:°0 3'; ',.',,::C'....;.:*::-.'''..:: ...41 ':..,,,.'.pf,.J'ilPtaintiecher.: i.o a3 Transit Dispotcher ' I A) 37 ,,,,,•.,Cr..90 vet.part time 0.63 3.0 33 , ....,..............,..,... ,1,-''"''''''''''' .••' art tin)43 0.48 ,,,,,,,,,,,,,,,,,...,. ,ony.,.-P MI Driver-fun time ,-4 6:iii 1 vacant, i;:oi 3333 .-i ,::,Cf,..'3,:;;;,..e art L11, Drver'P -, .,..r2.6i°.48:)I\'''''' 10,1 I. Driver•pat,1.,.„ Total Trattsit TOWN COUNCIL REPORT DATE: 4.28.2010 TO: Vice-Mayor Bill Garner FROM: Ainsley Legner, Parks and Recreation Director SUBJECT: RESPONSE TO VICE-MAYOR BILL GARNER REGARDING TRACKING PERSONNEL HOURS USED FOR CULTURAL RESOURCES, FROM THE APRIL 24, 2010 BUDGET STUDY SESSION. This report is in response to Vice-Mayor Garner's request on April 23, as well as comments provided at the Budget Study Session on April 24 regarding a request for staff to track personnel hours for cultural resources. Staff currently does not have any way to accurately project how much staff time will be necessary for work related to Cultural Resources. Does staff plan to track the hours existing staff spend working on Cultural Resource projects during the FY 10/11? DISCUSSION Yes. The proposed Parks, Recreation, Library and Cultural Resources Department will track all staff hours utilized for Cultural Resource projects and will use that data to formulate the FY 11/12 personnel budget numbers, properly allocating staff time to this new division. RECOMMENDATION / CONCLUSION This report is for information only. _ TOWN COUNCIL REPORT DATE: 4.28.2010 TO: Councilmember Mary Snider FROM: Paul Popelka, Acting Planning and Zoning Director Dee Widero, Zoning Program Supervisor SUBJECT: RESPONSE TO COUNCILMEMBER MARY SNIDER'S REQUEST REGARDING THE NEIGHBORHOOD CLEANUP PROGRAM, FOR THE WEDNESDAY APRIL 28, 2010 STUDY SESSION. - . . This report is in response to Councilmember Snider's request for a more detailed explanation of the Neighborhood Cleanup Program. DISCUSSION The Neighborhood Cleanup program was initiated in 2004 for two reasons: • In response to citizen complaints and concerns that the Town had no disposal operation and/or a dump site for rubbish and debris • To help Zoning Enforcement establish a widespread maintenance/clean-up effort In 2004 there was no dedicated program funding in the Zoning budget, so $3,000 in existing department funds were used to initiate the program. The Public Works Department offered assistance to the Zoning staff with both personnel and equipment. After that first year, the program was included in the department budget, growing from $3,000 up to current direct costs of $15,000 for dumpsters and disposal fees. Staff organizes clean-ups each year in the fall and spring, cooler seasons to encourage citizen participation and to serve winter residents. It has been a rewarding program for the Town, citizens and staff. The attached map shows all of the neighborhoods served since 2004. The following table shows the number of neighborhoods and number of parcels served, as well as estimated Zoning and Public Works staff time for the program in each year. Year # of Neighborhoods # of Lots/Parcels Staff 2004 3 535 50 his 2005 7 427 50 hrs 2006 4 328 50 his 2007 Fall 9 1013 140 hrs 2007 Spring All of Rancho Vistoso 7868 140 hrs and Sun City 2008 4 975 90 hrs 2009 8 911 90 his RECOMMENDATION /CONCLUSION This report is for information only. 11111411,04;ft 011410ti',#ski#�l1Yf1fB1llAf$i�fMi+�&ft iMF1'fk as ae aw Pe V fi$R8### f8d ae F.i at. RY s$f�aski$➢k#sfbsskiR#f#$�Ef# $ii $fk, sidt,Ea&ii ITY 'aa , „,....;::.,::::,.....,..,;4.:.„•.....,....,....,,,„„:,.,r,„..:,„:„....,„.....,..,,,,,,,,,,....„......::,..,,,,,,:iii q P kt P y.!".7 a 36 .!:!!x k'klk ..sly 4N IT a� rY) l �' fa iR sofb# 3#: 30 + 7) (1 f2j > ' ' 544 `�# i $fiNe ;;..::...:. , � a>rJ �.,..� "" �Laa� X639# #f# k3$ #i3Ykk3kBtf## 1113 V `� ; 1\� 'x110':~ YA �l;.:a 1 any r�:, �.I a i.;W s Z2f NM\ ff31K GIT f;; 51110 \,a '' 1AF(S-171ACITY UN 4 • X143; 33(1:,G. t '4 u rr ° v NB 1Y i - .157 rasf R Y tv$ oaf!#aa�ittl'1S , "v Ai +r.itf G x ,>,`,tx '",,."''''''''''''''Ort- iy i `'�L8'''' voP i SaV 21".' 'M ai :,.,....,,,...•,..,,,,,, .:ii.Y,..f,,, u ,+� ,•"- i ,$; ii;'M 'k C ,�'� a iih R�: wo, SS(()JJ 1� ' i 1.*,..,„,,„...,,..-''-'-:--*''''j**'*l' j `9 Aiev a > .1;%. ...........,..•.......,:16:4i:P.:::*:...z,:,], xa ...I '11 a, 8 H "7y"i a :' ; .,. �#.### K JJSM1-. '',.���.mt .:::....i,,:!:110,,,,,,, '�'B yshy >a' L�ai.\ :,Pd'd4 .....,.......7—.....: tiay gyp'1 w� d Ai;Pah2.l il'4 : ..i,:..t CA Hte ;5. st :f{ .Nd f 8$1i83# #11##R #7" vS ft ''•..1.'•.... .:t! '.. M1. , a w. ..r.t'. : , -..- ....-1..,'Il :,:.,...„',', ..': ,........... : i I , '......,:: ,. '.1„.... '":',..,...,.....:,..,......::'.•..:' ! W a T a''' J �p�� jI� i �aryr�� E. : il w< y i ar •n ...• ..-- '' ' ...,....:1•,•,........,.......,,,,,,,,i. ' ',., I ;'" k .klR1 f. :Ak. $ Ed.Jbtib 4...... '"''"'r 0. P. 47 s�ay') .P ' s''' '"'''. ' '''''''''''''''''' it—. '''......---''''..,. ....-.. 's i „......... v- , .......,..,.....,.......„. ... ..., it, .•,•i..,0 ,,,-. ,,,,....:,, , .. ,... L....tn....." A € ,...1 R .. .. ., ..... ..., ....,. ..,..... .., '.1 `��I; ,..'iiiik./ ---') .- , IR Y ,,, ______ ? ,y����,p�,�tp a >. O :. t I 1 , ' .....---1-1,....'-------i---- w1..• .,....:':..vY.•.M!!.%i hNAppg(S�?.?..d.,'// •XR^.:./.Y ss C,k.iK^'h`M"(.A,IX•l.u. • ,c y:a Y. �t #f# I4.# i1k�Ei'#'f' i ��� ...,..fl ,;,,l'iLsoo,,,,,..,, i'', :lfklk#f# „.:......,.!* il Subdivision !z Neighborhood Cleanup Years i ......:::Zli!...::::-':::::, ,--- '..::,.....51.it'MIN .2007 2004,2007,2009 , �w"�.;;bo 22000055'5 00 t 2007 A. : cs. r i., w � 2405,2007,2009 zF Y a ,�..,-""'i ,Y� ii..,.......• 24075,2008 R y .v...d::. a�EY�,,.td�. N°r aY it.< <W: :a�F' e:'. ttety: i5•• (0j T } F''',...;;...'....:',414...;•:''.1:4> iv°.�` 5� 2407,2009 r, ' :.. ; � tie ..' <�•��. a 2008 ,,,:\ a 7009 0ki f S i.tiµ • , r....__. _________ ---1 TOWN COUNCIL REPORT DATE: 4.28.2010 TO: Councilmember Mary Snider FROM: Jerene Watson, Interim Town Manager SUBJECT: RESPONSE TO COUNCILMEMBER MARY SNIDER'S REQUEST REGARDING THE 2008 COMMUNITY SURVEY, FOR THE WEDNESDAY APRIL 28, 2010 STUDY SESSION. .. ... 7.___ __. L__. _ . _..... ........._... ..___ ....... ...... .. ---, .., This report is in response to Councilmember Snider's question regarding the cost of the last Community Survey. DISCUSSION In 2008, the Town paid outside consultant Marketing Intelligence $17,800 for the community survey. RECOMMENDATION / CONCLUSION This report is for information only. APR262010 LA CHOLLA ANNEXATION AREA PPR 21:7=5 4:17 "k NOTICE OF PROPOSED CHANGE IN THE GOLDER RANCH FIRE DISTRICT BOUNDARIES NOTICE: The Golder Ranch Fire District hereby gives notice to each owner of real property within the boundaries of the area proposed to be annexed (the "Proposed Annexation area") into the Golder Ranch Fire District of the fact that a Boundary Change Impact Statement has been received by the Golder Ranch Fire District, and that a hearing will be held by the Golder Ranch Fire District to consider the matter. PURPOSE: The purpose of this notice is to advise all owners of real property residing within the Proposed Annexation Area an opportunity to appear and present evidence to the Board of the Golder Ranch Fire District, either in favor of or against the proposed boundary change, and the accuracy or inaccuracy of the Boundary Change Impact Statement. If the Boundary Change Impact Statement is approved by the Board of the Golder Ranch Fire District, then petitions will be prepared and circulated among property owners in the Proposed Annexation Area in order to determine whether the Proposed Annexation Area can be legally annexed into the Golder Ranch Fire District in accordance with the applicable laws of the State of Arizona. If the requisite number of signatures are obtained on the petitions for annexation, then, and in that case, the Proposed Annexation Area will be annexed into the Golder Ranch Fire District and be subject to and liable for the annually assessed Golder Ranch Fire District tax. THE HEARING: The hearing on the Boundary Change Impact Statement is scheduled to be heard on the 6th day of May, 2010, at the hour of 7:00 p.m. at the following address: Golder Ranch Fire District - Administration 3885 East Golder Ranch Drive Tucson, Arizona 85739 PROPOSED ANNEXATION AREA: See Attached Exhibit A A copy of the Boundary Change Impact Statement and/or Legal Description is available on our website at www.golderranchfire.org or you can call us at (520) 818-1017 to request that a copy be mailed to your address. Dated this 23rd day of April, 2010. 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'_ ` ii,.:Ii .,:,, s" 'u, .r TOWN OF ORO VALLEY ' WATER UTILITY COMMISSION ANNUAL REPORT 2010 TABLE OF CONTENTS Page ' About the Water Utility Commission 1 Executive Summary 4 ' Introduction 7 Customer Service 8 Meters Division 10 Water Quality 11 II Current Water Supply 15 Water Resource Planning and Management 19 Water Conservation Program 22 rip Utility Operations 27 as Security and Emergency Response Plan 31 I Engineering and Planning 33 IFinancial Highlights 37 I II Water Rates and Development Fees 39 Appendices a op A. Utility Statistics B. Water Quality C. Static Water Level Measurements D. Five-Year Capital Improvement Program E. List of Acronyms TOWN OF ORO VALLEY WATER UTILITY COMMISSION ANNUAL REPORT 2010 40 de ORO VALLEY TOWN COUNCIL Paul H. Loomis, Mayor Bill Garner, Vice Mayor Kenneth"KC" Carter, Councilmember Barry Gillaspie, Councilmember Mary Snider, Councilmember Patricia Spoerl, Councilmember AO ORO VALLEY WATER UTILITY COMMISSION Dave Powell, Chair .�r Rick Davis, Vice Chair John Hoffmann, Commissioner Robert Milkey, Commissioner Rick Reynolds, Commissioner Elizabeth Shapiro, Commissioner Winston Tustison, Commissioner TOWN STAFF Jerene Watson, Interim Town Manager Philip C. Saletta, P.E., Water Utility Director David Ruiz, Engineering Division Manager di Shirley Seng, Water Utility Administrator Karn Boyce, Water Conservation Specialist Charles Soper, Lead Operator/Water Quality di Special recognition to OVWU staff that provided graphics, data, photos and, most of all, their time to assist in the preparation of this report: Iris L. Chaparro Robert Jacklitch Jeff Kane di George Kendrick Mary C. Kobida Mary Miller Carolyn Schneider Christian Swanson Irene Swanson ABOUT THE WATER UTILITY COMMISSION aki The Town of Oro Valley Water Utility Commission is a seven member commission that is appointed by the Town Council. The Commission meets the second Monday of each month to discuss and review matters pertaining to the Water Utility. The Commission serves in an advisory capacity to Council making recommendations on water polices, water rates and fees, renewable water supplies and water conservation. In 2009, the Commission met 11 times to conduct business. All meeting agendas were noticed in accordance with statutory requirements through the Town Clerk's Office and on the Town website. The meetings were broadcast over the internet through the Granicus System. Meeting minutes were taken and then published after final approval by the Commission. In addition to the regular Commission meetings, there were several meetings conducted by the three Subcommittees. The three Subcommittees include the Finance Subcommittee, the Water Conservation Subcommittee and the Renewable Water Resources Subcommittee. Some specific actions by the Water Utility Commission and recommendations to Council for 2009 include the following: ➢ Election of Officers ➢ Review of Water Utility Commission Agendas ➢ Recommendation for acceptance of the Annual Report ,,, ➢ Recommendation for purchase of Groundwater Extinguishment Credits ➢ Recommendation for loan with Arizona Water Infrastructure Finance Authority ➢ Recommendation for redemption of the 1999 Bonds ➢ Recommendation for the adoption of the Gray Water Ordinance ➢ Recommendation for the adoption of the Landscape Ordinance ➢ Recommendation on Water Rates and Fees ➢ Review and Approval of Meeting Minutes ➢ Completed annual training requirements and attended various field tours There are numerous issues that will be addressed as we move forward in 2010. Some of the major issues include: ➢ Review of defeasance of the 2001 Bonds ➢ Review of Cash Reserves policy ➢ Development of Central Arizona Project water ➢ Review of studies and Intergovernmental Agreements for the interim delivery of CAP Water through the Tucson Water System ➢ Review of water rates and developing a Preferred Financial Scenario The Water Utility Commission welcomes our customers, citizens and public to attend its meetings. WATER UTILITY COMMISSION 2010 • fink, • ; 's • f • Water Lot, Dave Powell, Chair At-Large Renewable Water Subcommittee Member Richard Davis, Vice Chair At-Large Conservation Subcommittee Chair n i t . • * f i,S4 w..,(may wauxtit., coni..., `,"r"rVNly R John Hoffmann, Commissioner Robert Milkey, Commissioner Residential (Town) At-Large Renewable Water Subcommittee Chair Conservation Subcommittee Member -7- rte,fdr .. r' ,x Yt. S�5. .... ,i,4, ,,, : , •• ,,,,,— i .. .V .... .... * :•.:!i $Hr •'• -..---- •\t, x YY, . ,. Rick Reynolds, Commissioner ..................................................................... Commercial/Turf Representative Renewable Water Subcommittee Elizabeth Shapiro, Commissioner Residential (Countryside) Finance Subcommittee Member .. 4 ` Water Winston Tustison, Commissioner Residential (Town) Finance Subcommittee Chair I I I -3- EXECUTIVE SUMMARY TOWN OF ORO VALLEY WATER UTILITY COMMISSION ANNUAL REPORT APRIL 2010 In October 1996 the Oro Valley Town Council (Mayor and Council) formed the Oro s Valley Water Utility Commission (Commission) to act as the official advisory body to the Mayor and Council regarding water related issues. The Commission is required to prepare an annual report to the Mayor and Council each year. This report is the � Commission's fourteenth Annual Report. It includes topics on customer service, water quality, water supply, water resource planning, conservation, and capital improvements. This report covers information and activities for fiscal year (FY) ending June 30, 2009 adand calendar year(CY) 2009. The Executive Summary contains a briefing on several of the Utility's significant operations during this past year as well as projects specific to water issues facing the Town of Oro Valley (Town) in the future. More detailed information may be found in specific sections of this report and the appendices. CUSTOMER SERVICE The Town of Oro Valley Water Utility (Water Utility or Utility) has 18,401 customer connections serving a population of approximately 48,656. This includes both the customers within the Town boundaries and the Countryside area. During CY 2009, 71 ,r new meter connections were installed and approximately 2.51 billion gallons (7,693 acre-feet) of potable water was delivered to our customers. In addition, approximately 642 million gallons (1969 acre-feet) of reclaimed water was delivered for golf course r irrigation. WATER QUALITY i For the eighth consecutive year, the Utility is proud to report that it did not experience any water quality violations for Total Coliform bacteria. The number of tests performed r in CY 2009 was 4,000 and our water quality was in compliance with all standards established by Federal and State agencies. Oro Valley has excellent source water quality. Our Staff's diligent operation and monitoring of the water system is critical to providing i a safe and reliable water supply for our customers. CURRENT WATER SUPPLY Oro Valley currently delivers water from two sources of supply. Groundwater is pumped from wells in the aquifer below the Town and delivered through the potable water de distribution system. Reclaimed water is used for irrigation and delivered through a separate reclaimed water distribution system. In addition, Oro Valley has an allocation of Central Arizona Project (CAP) water that is used indirectly through groundwater storage � credits. -4- Although there have been recent rains, continuation of a long-term drought persists. Both the drought and the continued pumping of groundwater have caused groundwater levels to decline, which in turn reduced the production capacity of the existing system. Operation of the Reclaimed Water System has slowed the groundwater decline to an extent, thus conserving, preserving and protecting our aquifer and our groundwater supply. The use of reclaimed water is a significant accomplishment, but it is not the only renewable source of supply available to assure a sustained reliable water supply. The Utility will continue its water resource planning efforts to meet existing and future demands through the development of its CAP water allocation. Plans for the development and direct use of our CAP water allocation are being developed cooperatively bythe p p Y Northwest Water Providers which includes Marana, Metro Water, Flowing Wells, and Oro Valley. In addition, there have been recent discussions regarding the delivery of our CAP water through the Tucson Water system to Oro Valley on an interim basis. In CY 2009 approximately 8595 acre-feet of groundwater was pumped from the aquifer. This is approximately 30 acre-feet less than CY 2008. Approximately 1969 acre-feet of reclaimed water was delivered for golf course irrigation. Delivering reclaimed water significantly reduces our demands on the aquifer and groundwater supplies. Well water levels declined an average of 3.99 feet in the Oro Valley Water Service Area and declined 1.89 feet in the Countryside Water Service Area in the last year. ' ` The Utility continues to use its CAP water through an agreement with Kai Farms and through permits to store in Central Arizona Water Conservation District (CAWCD) recharge projects. This allows the Utility to obtain long-term groundwater storage credits within the Tucson Active Management Area. Participation in the Lower Santa Cruz River Managed In-Channel Recharge Project also provides the Utility with long term storage credits from unused wastewater effluent. In addition, this last year the Water Utility purchased groundwater extinguishment credits which increased the balance in its Groundwater Allowance Account. The use of the groundwater extinguishment credits and long-term storage credits reduces our monetary payments to the Central Arizona Groundwater Replenishment District (CAGRD) for groundwater replenishment requirements. The Water Utility continues to plan for the direct delivery and treatment of its CAP water. RECLAIMED WATER SYSTEM The Town of Oro Valley delivers reclaimed water for irrigation to five existing golf courses and to Painted Sky Elementary School athletic fields. In 2008 these five golf lb courses and Painted Sky Elementary School used approximately 642 million gallons or 1,969 acre-feet of reclaimed water for irrigation purposes. This resulted in a reduction of approximately 20% in the amount of groundwater pumped from the aquifer. WATER CONSERVATION The Water Conservation Program continues to be a vital asset in assisting the Utility to achieve its overall water management goals. During the past year, the primary focus of the conservation program continued to be on residential water use audits. In 2009, 179 "' audits were performed. Since the program's inception in 2003, participating customers received over 1,200 free water audits, which saved our customers both water and money. a' -5- S a , , The Utility encourages water conservation by educating our customers. Water use audits, which save our customers money and reduce the demands on our system, are a key component of the Water Conservation Program. a Stage 1-Drought Conditions were in place for 2009 and continue to remain in place. This condition calls for voluntary restrictions under the Town's Drought Preparedness Plan. �r Oro Valley Water Utility also participated regionally with other water providers through membership in the Water Conservation Alliance of Southern Arizona(Water CASA). • WATER RATES AND IMPACT FEES The functions and duties of the Water Utility Commission and Staff include reviewing and developing recommendations for water revenue requirements, water rates and fee structures. In 2009, recommendations regarding water rates, fees and charges were provided in a separate report. The Water Rates Analysis Report was submitted to the do Town Council and a water rate increase was approved on November 18, 2009 by Resolution (R) 09-74. The approved water rates included an increase to the water usage rate and an increase in the Groundwater Preservation Fee. The increases went into effect on December 19, 2009. CONCLUSION The Oro Valley Water Utility Commission is proud to serve the Mayor and Council of the Town of Oro Valley and its residents and customers. We are pleased to present this Annual Report to the Mayor and Council for their consideration. While much has been accomplished in the past year, the Water Utility Commission and Staff look forward to direction regarding those items detailed in the Report. We thank the Mayor and Council for their consideration, direction and guidance. Any questions regarding this report should be directed to Philip Saletta, Director, Oro Valley Water Utility at 229-5010. Additional information for the Oro Valley Water Utility can also be found on the Town website at www.orovalleyaz.gov/WaterUtility dl a i dB dl dr -6- INTRODUCTION The Oro Valley Water Utility has completed its fourteenth year of operation. During this time, the Utility has achieved a number of significant goals. The Utility installed 71 new water connections in CY 2009, a 0.39% growth rate, for a total of 18,401 water connections. We continue to operate under the Intergovernmental Agreement with Tucson Water regarding the delivery of reclaimed water to the Thornydale Pump Station. The Utility has also implemented several programs including system-wide continuous disinfection, water conservation, and security. The Utility's infrastructure has grown to meet existing and growing demands with the addition of 1.1 miles of potable water mains. The Utility continues to be fiscally sound. Water development impact fees, which fund expansion of the water delivery system, have been increased to ensure the utility can keep pace with growth and development. In addition, the Utility has taken steps to keep pace with rising costs for operations and maintenance. A water rates analysis was performed and a water rate increase was approved in 2009. This increase included an increase in the Groundwater Preservation Fee which will pay for renewable water supplies that will reduce existing demands on our aquifer. The Utility also received another low interest loan from the Arizona Water Infrastructure Authority for Phase 1 Existing System Improvements for the potable water system. The following are some of the Utility's resources and assets as of December 31, 2009: Resources: Employees: 36.5 Groundwater Supply (Assured Water Supply): 13,384 Acre-feet per year Reclaimed Water: 2,500 Acre-feet per year Effluent Water: 1,500 Acre-feet per year CAP Water: 10,305 Acre-feet per year Long Term Storage Credits: 17,207 Acre-feet , Groundwater Allowance Account: 18,428 Acre-feet Assets: Water Service Areas: Oro Valley Water Service Area and Countryside Water Service Area Water Distribution Storage Reservoirs: 18 Potable Water Reservoir Capacity: 8,700,000 gallons Reclaimed Water Reservoir Capacity: 1,500,000 gallons Water Mains: 354.8 miles O Potable Water Booster Stations 27 Reclaimed Water Booster Stations: 1 Operating Wells: 20 el Well Pumping Capacity: 10,830 gallons per minute (gpm) The Utility continues to plan for future water supply both for existing customers and new ,r,,,, growth. This is demonstrated by the cooperative regional planning for the delivery and treatment of CAP water. This cooperative effort is with our neighboring water providers: Metro Water, Town of Marana and Flowing Wells. , -7- CUSTOMER SERVICE Customer Service personnel include Customer Service Representatives (CSRs) and r Utility Operators. This staff is responsible for meter reading, billing and collection for 18,401 customer connections serving approximately 48,656 people. The Utility has grown over the past year and in 2009 an additional 71 meters were installed for a growth rate of 0.39%. Over 4,988 customer accounts were changed in 2009, primarily due to opening and closing of accounts for new move-ins and winter residents. The Utility delivered 2.5 billion gallons (7,693 AF) of potable water to our customers in 2009 and over 642 million gallons (1,969 AF) of reclaimed water for irrigation to five golf courses. This totals 3.15 billion gallons (9,662 AF) of water delivered and billed to our customers. The Customer Service Division mailed and processed 230,412 bills and delinquent notices to our customers during calendar year 2009. The Customer Service Division responds to customer concerns that arise from the operation and management of the water system and in 2009 responded to 37,430 customer contacts and inquires, averaging 152 do per day. ��w c w r , ...sa.rwa+:.rw.wA�uwewrWaw � .7/000/01., m...v. de tY •nom. .. rr:>'y,..,._ ... Customer Service Customer contacts can range from handling a payment to responding to questions or problems related to billing, opening or closing an account, water quality or pressure and flow problems. CSRs work closely with field personnel to respond in a timely manner to customer concerns. CSRs are generally the first and sometimes the only contact our customers may have with the Utility. Their training and skills are utilized on a daily basis dr while addressing customer concerns. Ongoing training provided to CSRs include: stress management, dealing with difficult people, utility billing software and security. Staying abreast of new information is a key element to consistently improving customer service do as well as providing for the mental and physical well being of Utility employees. di -8- to The Customer Service Supervisor prepares information regarding water usage for the Annual Water Withdrawal and Use Report that is submitted to the Arizona Department of Water Resources (ADWR). This report is for the calendar year and is required under the State Groundwater Code. This report accounts for water use as part of the Assured Water Supply Program and assists with determining the obligation due to the Central Arizona Groundwater Replenishment District. The CY 2009 Report is reviewed internally and 40, then submitted to the ADWR by March 31st of 2010. lb Customer Service collects and posts payments for the Water Utility, Pima County Regional Wastewater Reclamation Department and the Town's Storm Water Utility. A fee is charged to Pima County and the Town for this service. The Customer Service ' ` Division bills the Town Storm Water Utility charges to residents within the Town that are Oro Valley Water customers, Tucson Water customers and Metro Water customers. The orb Water Utility also collects taxes on water use that are imposed by the State of Arizona and the Town of Oro Valley. These taxes are then distributed to the State and Town. The Utility continually updates customer account information on the Water on the Web (WOW) site. This includes current billing and payment information as well as a two year history of water usage. The Customer Service Division expanded this site in 2009. Customers now have the ability to pay their water bill with credit cards and view their current water bill online. This new option helps to facilitate payment of water bills. In addition, to enhance customer service and to assist in decreasing costs, the Utility has gone "green" by adding an e-bill or paperless option. This feature sends customers ' " electronic notification that their current water bill is ready to view on the Water on the Web site. Utility customers may request e-billing online. NI The Utility currently offers an automatic payment program through an Automated Clearing House (ACH) in which the amount of the customer's water bill is automatically 1111 deducted from their checking or savings account. Approximately 4,550 customers are currently enrolled in this program. For those customers who pay their water bills online through their bank, the Utility implemented electronic or "paperless" bank to bank alb transfer of payment funds. In addition, the Utility established a toll free telephone number that accepts customer credit card payments through an Interactive Voice Response System (IVR). The Utility accepted 5,440 credit card payments in 2009. The successful implementation of this service has provided an alternative payment method particularly for those customers with delinquent accounts and those customers who frequently travel. lb Over the past year, the Customer Service Division has received numerous complimentary letters regarding their personal and helpful customer assistance. This level of professional and courteous services is paramount to the successful operation of the Water Utility. lb Utility statistics including new meter installations, customer contacts, and water deliveries for CY 2009 may be found in Appendix A. lb lb -9- lb METERS DIVISION All personnel in the Meters Division are licensed operators. During 2009 they conducted 214,530 meter readings and responded to 3,362 customer requests in the field. These include checking meter accuracy, meter replacement, water pressure and leaks. Staff works closely with the builders and contractors of Oro Valley to ensure that water meters are installed on a timely basis. Since the implementation of a Meter Replacement Program (MRP) in July of 2008, the meters division has replaced over 800 water meters varying in sizes from 5/8-inch to 6-inch. This is an average of 44 meters per month. To determine the increased water usage being recorded and billed, the calculations include a comparison of the 3 month de period prior to meter replacement and the 3 month period immediately following meter replacement. In order to fully implement and maximize the benefit of the MRP, all data in the existing customer base must be updated with meter installation and maintenance information. While this is being done, Meters staff is identifying the obvious meters that need to be 'a replaced. Obvious being when a meter registers zero usage or erratic usage. Staff creates their own work orders and when they are not reading meters, they schedule dl work orders to check meters for accuracy and replace if necessary. The MRP will provide for more accurate measurements of water usage and also assure that the amount billed is accurate. In addition, meter replacement is one of the Best Management Practices approved by the ADWR to meet water conservation requirements. All '1* -Iffir 5 FiA ,. .r� �`�'Y14�...f'-y ♦ ACJ•• j ... .o i .r ! lost # dl ! # • nwW Nf.. d * / *. „ dB The Meters Division also implemented a Meter Testing Program (MTP) in 2009. The MTP includes testing all water meters 3-inches and larger on a quarterly basis. It is di important to be vigilant on larger meters to minimize the loss of revenue due to under reporting of significant flows through larger meters. Additionally, we are now testing commercial meters on an annual basis and when necessary replacing them with a newer do technology meter that allows testing to be performed without interruption of water service. -10- dl si WATER QUALITY a There is a complex and extensive framework of regulatory requirements and sampling methodology in place to ensure clean, safe drinking water is served by everypublic water p system in Arizona. Protection of drinking water quality starts with an assessment of the drinking water source quality and continues through regulations that govern water system design and construction. Finally, drinking water quality is assured through scheduled tests required of all public water systems for a wide variety of potential contaminants. As "' a result of these regulations and continued testing, drinking water supplies in Oro Valley and in many areas throughout the United States are among the cleanest and safest in the mb Aimi world. 11,11•11-,1'. ��"-r ia, if.,:s a * '� M: F .., `'8 r^k 1\' "ri�� '.?,�s'l�, �'.;,r�^ }+r`.�%`,;�i '.�`�f`�`j,:: K ski sib ,�°"g 4 ,,, i x �+ _wsK�'.r r''_'±- tVa''{a r '' !*s z .: ,+du da.,:a r ��y r N d a ,yo -�„ - �M a4,w � C y 4-i'''':"''!''''7''''''' alb 1 44'• ',��y,ithi{ 5� nXky.1y ,5 r S + i �� � " ,aft. Jy lI� j k S. ftt „:„..„,,,,, :.1, :,-.4,,,,, ,„.,, f ..:„.,.,,,,„:„..)."::.., , ::.- '. ,�- _ y ++ .„7-.7::. .4.4..,.,,,:'• ,.4w...4.- # " �R..�lY6.. '� ilk: .- , ,,,,.„,.,,, i a` `' .. -' ,„,,*,,,4Z:' .. K f'". *--*„.--- k''''''4?-4.1''''''''''' ''4' ''''3':'"::- -7:4.+::::Va.;,:*,::'::,:!7..,,' Water Quality Testing The Water Utility operates two potable water systems. The Oro Valley Water Service mi Area (OVWSA) that has a Public Water System Number of AZ0410164. It also operates a potable system that is not located within the Town boundaries, known as the Countryside Water Service Area (CSWSA) that has a Public Water System Number of si ab AZ0410175. Over the course of a year, the Utility collects hundreds of water samples from 19 "point of entry" sites. These sites include groundwater wells, reservoirs and pumping stations. so The Utility also samples. from 5 8 "sampling stations" located in neighborhoods throughout the water distrbution system specifically selected to represent the water quality that is delivered to our customers. Water samples are also taken from 50 private residences within the Oro Valley area and tested for lead and copper. The Utility provides all water quality testing results to the Arizona Department of Environmental Quality iii (ADEQ) and works closely with that agency to ensure all federal and state standards are ,�,, met. The Utility's State certified water operators are legally responsible for the health and safety of our customers. iii -11- The operators meet this responsibility by maintaining a daily vigilance over the system's production, distribution, and water quality. All of our water operators are licensed and attend continuing education and training through Personal Development Hours required di by ADEQ. This also benefits our community and adds value to the Water Utility. Additionally, comprehensive emergency plans have been developed to ensure an immediate response to any adverse water situation. The Town's water system is in full compliance with all State and Federal regulations. In 2009 the Utility received 4,000 analytical results for required water sampling and dim operational data. Please refer to Appendix B for the Environmental Protection Agency's required contaminant monitoring list and the Utility's most recent analysis. Drinking water standards are regulations that the Environmental Protection Agency (EPA) sets to control the level of contaminants in the nation's drinking water. These standards are part of the Safe Drinking Water Act's "multiple barrier" approach to drinking water protection which includes, assessing and protecting drinking water sources; protecting wells and collection systems; making sure water is treated by qualified operators; ensuring the integrity of distribution systems; and making information available to the public on the quality of their drinking water. Community water suppliers throughout the country are required to provide an annual water quality report to their customers. The report provides information about the source of the de drinking water, and any contaminants detected in the water. The OVWSA and the CSWSA Consumer Confidence Reports are annually distributed to all customers on or before June 30th of each year. The Report is also available in the Utility's office and on the website. There are two categories of drinking water standards. A National Primary Drinking di Water Regulation or (primarystandard) is a legally enforceable standard that applies to public water systems. Primary standards protect drinking water quality by limiting the levels of specific contaminants that can adversely affect public health and are known or anticipated to occur in water. They take the form of Maximum Contaminant Levels (MCL) or Treatment Techniques. A National Secondary Drinking Water Regulation or (secondary) standard is a non-enforceable guideline regarding contaminants that may di cause cosmetic effects (such as skin or tooth discoloration) or aesthetic effects (such as taste, odor, or color) in drinking water. The EPA recommends secondary standards to dl water systems but does not require systems to comply. However, ADEQ requires the Utility to sample water for these contaminants every three years. A contaminant list and the most recent analysis for the Utility are included in Appendix B. dl Detection of a contaminant in drinking water does not necessarily represent a threat to public health. Current technology allows water utilities to detect extremely low levels of contaminants in drinking water. All drinking water, including bottled water, may reasonably be expected to contain at least small amounts of some contaminants. Oro Valley's groundwater contains naturally occurring dissolved minerals and organic compounds, which have been leached from the rock, sediments, and plant materials through which the water traveled. One would expect to find constituents (ions), such as calcium, magnesium, chloride, bicarbonate, sulfate, and metals such as iron, copper, arsenic and lead, which may be either beneficial or harmless at low concentrations. However, these constituents are harmful at high concentrations. -12- Other contaminants that may be present in source water are microbial contaminants, such as viruses and bacteria. The Utility disinfects its water source by adding sodium hypochlorite at a level of 0.2 to 0.5 parts per million (ppm), as a precaution against bacterial growth. The Total Coliform bacteria group is used as an indicator to more closely monitor the distribution system for possible unwanted bacteria. During 2009, the Utility collected 696 samples for analysis of Total Coliform bacteria, of which none resulted positive for bacteria. This is a direct result of a successful disinfection program, effective system monitoring, proficient sampling methods, and routine maintenance. Two inorganic compounds found in groundwater are presently of special interest. These compounds are arsenic and fluoride. Arizona is among a handful of western states whose soil and rocks contains naturally high levels of arsenic, which can increase risks for some types of cancer. As of January 2006, all water systems were required to comply with the EPA's new MCL for arsenic of no more than 10 parts per billion (ppb) as compared to the previous standard of 50 ppb. In 2007, the Utility conducted compliance tests for arsenic in its wells. All "points of entry" to the drinking water system were reported less than 5 ppb. These results are significantly below the new arsenic MCL. Fluoride at a level of 1.0 ppm has been shown to help prevent tooth decay. In high concentrations however, fluoride can be harmful. Oro Valley's groundwater has fluoride at low concentrations ranging from 0.14 to 0.62 ppm. The Utility regularly receives inquiries concerning water hardness. Water hardness is a lib measurement of the concentration of calcium and magnesium. The hardness levels in Oro Valley range from 1.8 to 6.4 grains per gallon. These levels are considered low and as such water softeners would not be required. Hardness levels above 10 grains per gallon could shorten the life of water using appliances. Water quality standards are continually researched and regularly modified and changed l,„ based on scientific research. In early 2006, EPA released the STAGE 2 Disinfectants and Disinfection By-Products Rule. This is an important component to the agency's multi- pronged strategy to reduce drinking water risks to human health through improved N,,, standards for pathogens as well as disinfection by-products. Compliance with the new Groundwater Rule began on December 1st of 2009, and is expected to require many small groundwater systems to add disinfection to their systems. The Utility's disinfection program was implemented for both systems in 2002 and presently meets the Ground Water Rule requirement. EPA's rule revisions to Lead and Copper was published in 2006. The revisions are a targeted update of the current rule including guidance on lead in Mr drinking water in schools, including information on improved testing, monitoring and maintenance efforts. Oro Valley is a growing community in an arid environment. The future of drinking water quality will continue to command serious attention by everyone involved with water supply for the community. Water quality compliance requirements will continue to increase in both complexity and cost. Ongoing support and resources will be needed to ensure regulatory compliance and to provide a safe and reliable water supply to our customers. +b lib -13- as ► BACKFLOW PREVENTION Backflow prevention is an important component of water quality. The Town of Oro , ► Valley implemented the Backflow Prevention Program in 1998 in response to requirements set forth in the Arizona State Drinking Water Regulations. The Backflow Prevention Section administers these requirements in accordance with the Town of Oro Valley Water Code Section 15-23, the Arizona Department of Environmental Quality Administrative Code, Section R18-4-B115, the International aim Plumbing Code and the guidelines of the University of Southern California Foundation for Cross Connection Control and Hydraulic Research. The Backflow Prevention Program is designed to protect the water system from high risk service connections which include, but are not limited to, commercial, fire and irrigation. By state statute, single family residences are exempt unless a known hazard exists on the premises. The program works to keep the water supply safe from contaminants that could be dl introduced into the distribution system through backflow, backsiphonage or backpressure fi from our customers plumbing systems or internal processes. — ;:� "•�f: 9�� _ ,.... •`,", ' - .w A .-Md• .... ".4%, •„ .,.. ............ .g j. �• )M n g• _+ l •{J X`'` upps •. a ? A *, ;"x, •"\ `.;. rte. ',":j� • _ !+•''. " \ . ^ ^'9..y'gY£k '@ d N• F pix.• L ,/ Q `� ...R *•' •{Y d�N S 3..-f R#h+♦ -r"✓ AN *.'.. k.p ',.rte • y�{M� F-.k''"�y�'uit,"':K�.�-r+Ar ,� , . • � yy'.."` _ t'!.l! I. wry e, P';:,..*:) .ry lf .N• :."R` '_•A [ y,.,,fir fi". .• ! r a 4 "3 . r ,•,,•. . • , • s F m~ 4 .014 d/ ' w.xul ry 1 /18120101` r•-• — ..•,. Backflow Testing The backflow prevention department oversees 1,193 backflow prevention assemblies. i' We are required to notify each customer on an annual basis to have each active assembly tested. We send out an initial notification letter, a second and final letter and notify customers by phone when the second letter is sent. Backflow prevention assemblies must '""r' also be tested if they are replaced, relocated or repaired. Completed test forms are recorded in our database and the hard copies are kept by the Backflow Prevention Section for 3 years. We resurvey all assemblies on a 3 year cycle. There are 186 assemblies owned by the Town that are maintained, tested and inspected by the Water Utility. -14- as CURRENT WATER SUPPLY Developed Water Resources • Groundwater: 13,384 acre feet per year rth • Reclaimed water: 2,500 acre feet per year The Town of Oro Valley has a groundwater supply of 13,384 acre feet (AF) per year based on its Designation of Assured Water Supply (DAWS) from ADWR. Under our ` DAWS for each calendar year our groundwater pumping cannot exceed this amount. In 2009, Oro Valley pumped 8,595 AF of groundwater. A requirement of our Assured Water Supply Designation is that the Town must be a member of the Central Arizona Groundwater Replenishment District (CAGRD). The Town has a Member Service Area Agreement with CAGRD that was approved by Resolution (R) 97-06. Each year under this agreement, the CAGRD assesses the Town an increasing portion of the annual groundwater pumped at an increasing rate to replenish what is deemed "excess groundwater withdrawal". Excess groundwater withdrawals equal the total groundwater produced from our wells less the amount pumped from our permitted recovery wells. In the short term future, using our recovery wells will help to defray a portion of the increasing CAGRD costs and obligations. The Utility has been accruing Groundwater Credits by recharging CAP water at the Kai Farms and CAWCD recharge facilities which will also aid in decreasing our monetary payments to CAGRD. The Town holds permits to store in these recharge facilities. Although membership in the CAGRD does meet the requirements for our Assured Water Supply Designation, it does not provide "wet" water to the Town of Oro Valley. This is ,,, because the Water Utility and the CAGRD do not artificially recharge in the vicinity of the Oro Valley aquifer. Furthermore, the recharge projects or facilities utilized, although located in the Tucson Active Management Area, are also not located near and do not recharge the Oro Valley aquifer. Generally the recharge facilities are located in proximity to the CAP Canal. The Water Utility operates in two water service areas: The Oro Valley Water Service Area (OVWSA) and the Countryside Water Service Area (CSWSA). The current well capacity that the potable water system can deliver at a peak flow is 8,976 gallons per NI minute (gpm) in the OVWSA and 1,854 gpm in the CSWSA. This is equal to 12.93 million gallons per day (MGD) for the OVWSA and 2.67 MGD for the CSWSA. For the average annual day in 2009, our potable water customers used 6.95 million gallons in the OVWSA and 0.73 million gallons in the CSWSA. The maximum daily usage which occurred on August 4, 2009, was 9.41 MGD for the OVWSA and 0.98 MGD for the CSWSA. +l Groundwater studies indicate that the Oro Valley aquifer has a sustainable groundwater production rate of approximately 5,500 acre-feet per year. In 2009, well production was 8,595 acre-feet of groundwater from our aquifer. This resulted in pumping our aquifer 3,095 acre-feet more than the sustainable groundwater production rate. To monitor the impact on the Oro Valley aquifer, each year the Utility measures the groundwater levels in all of its wells. -15- 4111 For wells in the OVWSA, the average annual groundwater level decline for the last 5 years is 3.47 feet and the groundwater decline for calendar year 2009 is 3.99 feet. ,,l, For wells in the CSWSA, the average annual groundwater level decline for the last 5 years is 0.66 feet and the groundwater decline for calendar year 2009 is 1.89 feet. For all wells, water level changes in CY 2009 ranged from a decline of 14.0 feet to a rise of 8.6 feet. Detailed information on the individual wells and their associated water levels may be found in Appendix C. Water level declines combined with taking wells temporarily out of service for maintenance and repairs can result in a decrease in total production capacity. In 2009, OVWU operated 20 wells as compared to 19 in 2008. The Water Utility Staff will continue to monitor our well water levels and production capacity and plan for future well replacements and improvements to minimize well production capacity losses. �.r Regardless of individual well and total well field production capacity, over the long term, reducing groundwater production to a sustainable amount provides the only assurance of preserving and protecting our aquifer and minimizing water level declines. Current system demands, coupled with less than average rainfall over the last several years, are large contributors to declining groundwater levels. Although there have been do good summer and recent winter rains, we are currently in a Stage 1 Drought Condition. The impact of previous drought years significantly reduced natural recharge to our aquifer. Even under normal rainfall conditions it would take many years for the water table to recover to previous levels. The use of reclaimed water has helped to reduce the impact on the Oro Valley aquifer over the last three years. The Town of Oro Valley currently has a reclaimed water supply of approximately 2,500 AF per year. This was acquired in 2003 under an Intergovernmental Agreement (IGA) with Tucson Water (TW). The IGA contains a "o complex formula for computing the annual allotment of effluent produced from the wastewater discharged to the sanitary sewer by Oro Valley Water Utility customers. The Town's effluent is treated at Pima County Wastewater Facilities and then transferred to as the TW Sweetwater Reclamation Facility where it is further treated for use in the reclaimed water system or recharged through the TW Sweetwater Recharge Facility. From there Oro Valley's reclaimed water is delivered through TW's reclaimed water conveyance system to Tangerine and Thornydale where it is pumped into Oro Valley's reclaimed water pipeline and distribution system. Undeveloped Water Resources • Central Arizona Project Water: 10,305 acre-feet per year • Long-Term Storage Credits: 17,207 acre-feet • Ground Water Allowance Account 18,428 acre-feet • Effluent Water: 1,500 acre-feet per year de The Town currently has undeveloped water resources that consist of our CAP allocation, Long-Term Groundwater Storage Credits, Groundwater Allowance account and effluent water. di -16- The long-term storage credits and groundwater allowance accounts are used annually to replace groundwater depletions in accordance with the ADWR requirements, thus lib undeveloped water resources changes annually. The Town currently has an allocation of CAP water in the amount of 10,305 AF per year under a Municipal and Industrial (M&I) subcontract with CAWCD. This M&I water subcontract for CAP water is critical to the Town and its future water supply. At this point in time, the infrastructure necessary to convey CAP water to the Town does not il'`" exist. The Water Utility is cooperating regionally with Metropolitan Domestic Water Improvement District, Flowing Wells Irrigation District, and the Town of Marana to build a treatment and delivery system for CAP Water. Currently, the Town uses its CAP water for recharge pursuant to agreements with Kai Farms and the Central Arizona Water Conservation District (CAWCD). In 2008, the Utility entered into agreements with the CAWCD to store the Town's CAP water at the AVRA Valley Recharge Project, the Lower Santa Cruz Replenishment Project and the Pima Mine Road Recharge Project. The Utility stored 2,000 acre-feet of CAP water in 2009 under the Kai Farms Agreement. In addition, the Water Utility stored an additional 2,000 acre-feet in CAWCD Lower Santa Cruz Recharge Facilities in 2009. Long-term lb storage credits have accumulated to approximately 17,207 acre-feet. Additionally, the Utility is a partner in the Lower Santa Cruz Managed In-Channel Recharge Project in which effluent water is recharged in the lower Santa Cruz River. Long term storage credits accrued through this project were 105 acre-feet in 2009. The Utility will continue to use long-term storage credits to reduce a portion of the costs that are assessed annually by the CAGRD. The Utility will continue to recharge CAP water until such time the water is needed for direct delivery. In addition to our long-term storage credits, our Groundwater Allowance Account (GWA) must be used wisely and carefully managed over the next several years. This account had been depleted over past years to less than 10,000 acre-feet. In 1996, this account initially started with approximately 75,000 acre-feet of groundwater. In 2009, the GWA increased by the purchase of Groundwater Extinguishment Credits (GEC) from Tucson Water (4,000 AF) and Diamond Ventures (4,000 AF). In addition, we pledged 420.9 acre-feet to our GWA from previously held GEC. These actions have increased the current balance of the GWA from 10,007 acre-feet in 2008 to 18,428 acre-feet in 2009. If available, additional purchases of Groundwater Extinguishment Credits will be considered in the future to increase the balance of the Groundwater Allowance Account. 116 By purchasing GECs, the Water Utility is saving its customers money by reducing monetary payments and obligations to the CAGRD. Included in the Town's DAWS is 4,000 acre-feet per year of effluent which is the source of supply for our reclaimed water. In 2009, 1,969 acre-feet of reclaimed water was used. The reclaimed water system supplies irrigation for five golf courses and the athletic fields „b at one elementary school. The remaining amount of 1,500 AF per year of effluent is used for obligations to Pima County and for the Southern Arizona Water Rights Settlement obligations. Any unused effluent is recharged through Lower Santa Cruz River Managed In-Channel Recharge Project and will be available to the Town in the future for additional growth. This effluent may be used for reclaimed water or for groundwater storage credits. -17_ Oro Valley owns its effluent through an IGA with the City of Tucson. In addition, Oro Valley has delivered treated effluent as reclaimed water under another IGA with the City of Tucson. Under this IGA, Tucson Water will treat and deliver up to 3.75 MGD of dr reclaimed water daily to Oro Valley Water Utility. On days when additional reclaimed water was available, the Utility received up to 4.4 MGD which is the maximum pumping rate for the pumps at Thornydale Reservoir and Pump Station. Under our Assured Water Supply Designation, we are required to comply with the Third Management Plan in the Tucson Active Management Area. As part of the Third Management Plan we are under the Gallons per Capita per Day Program (GPCD). With the use of reclaimed water, we have been in compliance with the GPCD Program and expect to meet all the requirements of this program in 2010. gr de di do do dr do do -18- WATER RESOURCE PLANNING & MANAGEMENT The Utility has a water resource planning effort that incorporates a Groundwater Action Plan, the Potable Water System Master Plan, the Reclaimed Water System Master Plan the Northwest CAP Water System Cost Estimate and Alternatives Review Study and the Northwest CAP Delivery System Preliminary Route Evaluation. The Water Utility, in cooperation with the other NW Water Providers, is participating in a pipeline routing study for the delivery of CAP water. Water resource planning will investigate alternatives for future water supply and delivery. It will include the following: ➢ Groundwater development(existing, new and replacement wells) ➢ Reclaimed Water System ➢ Central Arizona Project water (new CAP water treatment and delivery) ai ➢ Water Conservation and Drought Monitoring Water resource planning will involve technical, financial, legal, political, institutional and environmental issues. Involving the public will be a key aspect of a successful program for future water supply. Funding for the development of CAP and reclaimed water under the water resource planning effort has been included in the Utility's budget under the Alternative Water Resources Development Impact Fee Fund Budget. Potable Water System lb The potable water system improvements are included in The Potable Water System Master Plan and the 5-Year Capital Projects Program. The demand on our wells has been reduced due to use of reclaimed water for irrigation. This reduction preserves and protects our valuable groundwater for potable water use. All groundwater depletions must be compensated for through the use of our recovery wells, our Groundwater Allowance Account, our Long-Term Storage Credits and/or the CAGRD. In 2009, the Commission ` recommended and Council approved an IGA for a Cost of Service Study with Tucson and Metro Water to look into the delivery of our CAP water through the Tucson Water is system. This study will be the first step for direct delivery of our CAP water on a short- term interim basis through the Tucson Water System. al Reclaimed Water The use of reclaimed water for turf irrigation has a beneficial impact on the Utility's ability to meet potable water demands during peak use months. The Utility will continue to look for opportunities to expand the customer base of the reclaimed water system for turf irrigation such as the proposed Naranja Town Site. In addition, non-turf irrigation uses such as landscape irrigation, construction water, dust control, car washes, street cleaning and recreational uses may also be served with reclaimed water to help reduce demands on the groundwater aquifer. Public Works is currently using reclaimed water for street cleaning and other approved maintenance purposes. This saves the Town both water and money. -19- ,r Northwest Water Providers CAP Water Treatment and Delivery System The Town has been cooperating with other Northwest area water providers, Metropolitan di Domestic Water Improvement District, Flowing Wells Irrigation District, and the Town of Marana (Northwest Water Providers) to develop a regional CAP water treatment and delivery system within the northwest Tucson area. These four entities cooperate together under a Memorandum of Understanding and also an Intergovernmental Agreement. In 2007 a study entitled Northwest CAP Water System Cost Estimate and Alternatives Review Study was conducted by Carollo Engineers for the Northwest Water Providers. In addition, a financial study was conducted by Stone & Youngberg to estimate the debt service for the individual Northwest Water Providers. The report by Carollo Engineers included costs for a proposed treatment plant, booster pump station and pipeline alignment from the CAP canal near I-10 and Tangerine Road. A pipeline routing and cost study was also performed in 2009. This study looked at alternatives for the pipeline route and included environmental, technical and cost criteria. The preferred pipeline route at this time would be aligned along Tangerine Road and then head south to Lambert Lane and then east to a bifurcation point at Camino De Oeste. From this bifurcation point, Marana and Oro Valley would have a pipeline continuing east and Metro and Flowing Wells pipeline would head south to Linda Vista and then east. This pipeline alignment 4111 and sizing is based upon the specific flow and pressure needs of each of the Northwest Water Providers. In addition to these facilities, a reliability component would be needed to be constructed by the U.S. Bureau of Reclamation as part of the Central Arizona Project. A reservoir has been discussed as well as the concept of pump station bypasses. Pump station bypasses have recently been studied by the U.S. Bureau of Reclamation as part of a Value Planning Study involving the Northwest Water Providers and the CAP Staff. d .40 of • SIF 60' d Central Arizona Project Canal -20- The proposed system would be designed to deliver 30,000 acre-feet per year (26.8 million gallons per day) of CAP water into the northwest area to the four water providers. 'b Oro Valley would participate in the project for 10,000 AF or approximately one-third of the project. Costs will be split among the four participating water providers according to their system capacity and delivery location. Oro Valley's share of this project is lb estimated to be 65 million dollars in capital costs with a debt service of approximately 4.1 million dollars per year for Phase 1 of this project. lb The Town of Oro Valley is committed to the use of CAP water and will continue to work with our partners to see that this concept becomes a reality for our community. Alternatives including recharge and recovery may also play a role in the development of lb our CAP water. Recent economic conditions may push projected water use demands further out in time. The Water Utility is also planning to contract for studies to provide recommendations regarding the efficient delivery and distribution of CAP water throughout the Town's water service area. This work will include conducting a study for distribution system water quality and the effect of the treated CAP water on existing system pipelines. This work is expected to be completed in 2010. lb CAP Water Treatment Pilot Study Project The Town of Oro Valley, along with the other Northwest Water Providers, has developed lb a pilot study in cooperation with the Bureau of Reclamation and the University of Arizona to investigate water quality and salinity issues related to the treatment of CAP water. This pilot study has been operational for several years to investigate alternatives l` for the treatment of CAP water. It also includes studying concentrate management options such as the use of halophyte (salt tolerant plants) irrigation as a means of disposing of the concentrate (salts) created by using reverse osmosis. This project is located on the west side of Interstate 10 and south of Tangerine Road. The results of this study are encouraging in terms of concentrate management. Microfiltration, slow-sand filtration, reverse osmosis, and enhanced reverse osmosis methods have been studied and results are very encouraging. This pilot study is planned to continue through calendar year 2010. et Intergovernmental Agreements for CAP water lb The Northwest Water Providers are currently working on an Intergovernmental Agreement (IGA) that will provide for implementation and management of the design and construction of this project. An additional IGA will be developed for the long-term lb operation of the project. These IGAs will be brought forward to the Commission and Council for approval. lb lb lb _21_ lb ido WATER CONSERVATION PROGRAM Water conservation is an important factor in balancing our current and future needs. Climate and the demands on our water supply place a significant impact on our water resources. Combine the state's arid climate with persistent drought conditions and the importance of managing our resources effectively becomes even greater. The Utility a recognizes the complexity and importance of sustained reliability. The Water Conservation Program is an important element in the overall water resource management efforts of the Utility. The water conservation program focuses on water audits, outreach and education, incentives and cooperative relationships involving current issues and research. The following paragraphs provide insight into the various policies and programs that support water conservation for our customers and community. a Water Audits Residential, homeowner association common areas and commercial water audits continue to function as a key element in the water conservation program. Audits are valuable educational tools that create an awareness of water consumption by homeowners, businesses and the community as a whole. In 2009, 179 water audits were completed. Figure 1 illustrates the total number of audits performed annually. Figure 2 illustrates the average number of audits conducted on a monthly basis from 2004-2009. The total a number of water audits conducted since the program began in 2003 is approximately 1,200. r Audits Completed 2004-2009 a 300 - 2005 250 - 2006 200 - -- - 2007 2009 wriu.' 2008 150 2004 100 50 II II - i Figure 1 a a _22_ do AVERAGE MONTHLY PARTICIPATION 2004-2009 25 - W H 20 - W J 0- • 15 - O ✓ 10 - I _ a ▪ 5 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC IP MONTH Figure 2 r Audits allow for a number of important conservation issues to be addressed while maintaining a cooperative relationship with our citizens and customers. As part of these free audits, customers are informed on general water conservation practices and � principles. Irrigation systems and swimming pools, as well as interior household fixtures and appliances, are assessed for efficiency and proper use methods. Water use strategies are specifically tailored to the individual's water use habits and landscape needs. In addition, any observed leaks or equipment malfunctions are brought to the attention of the customer. Data collected during the audit is used to assess and recommend changes ■r that may be needed to improve water use management. The Utility also uses the data collected in audits to identify the concerns of customers and help direct the focus of the conservation program. Analysis of these statistics allows the Utility to identify trends in town-wide water consumption and helps evaluate the effectiveness of the program. Water use by audit participants is tracked for the year prior to the audit and then compared to their use for a minimum of one full year after the audit. For audits completed in 2008, lb water consumption dropped approximately 26% in the first year after the audit resulting in an average water savings of over 4.4 million gallons. This is illustrated in Figure 3. r �w ■r -23- • Pre and Post Audit Water Use (1 Year Later) 20,000,000 - 15,000,000 - 0 ca �' ■ Pre Audit 5; 10,000,000 - m Post Audit L 5,000,000 - 0 I - I I 2008 2007 2006 2005 2004 2003 Figure 3 Education and Resources Air Enhancing education, communication and water conservation related services for customers and the community is a very important aspect of the conservation program. The Utility is continually revising and assessing its services. The Utility provides a wide variety of adult and children's literature through various channels. The literature is free to our customers and is distributed through our main office, at the Oro Valley Library, at Town events, and during water audits. Landscape irrigation schedule cards are also available for watering guidelines related to plant types. Conservation classes, when offered, are well attended and have included topics such as low water use plants and rainwater harvesting. In addition to literature and classes, the Utility also offers toilet dye strips for leak di detection purposes along with low flow shower heads, faucet aerators and in-line shut off valves to retrofit existing shower heads. dB Professional Memberships and Affiliations The water conservation staff continues to work with all divisions of the Utility and do other departments within the Town. In addition, the Utility maintains memberships in professional organizations as a means of keeping up to date on current technology and providing progressive training for staff. The memberships include the American Water Works Association, the Irrigation Association and the Water Conservation Alliance of Southern Arizona(Water CASA). Reclaimed Water System The Utility has expanded the reclaimed water delivery system and planning is under way for the future delivery of CAP water. -24- These steps will bring renewable water to our community and will reduce the demands placed upon the aquifer. However, it will not eliminate the necessity for continued 4116 pumping of groundwater at flow rates that may exceed the capacity of natural recharge. Conservation of groundwater resources is an integral part of the Town's future sustainability. Drought Preparedness Plan The Utility has complied with a directive from ADWR by creating and filing a Drought Preparedness Plan (DPP). The Town of Oro Valley maintained Stage 1 drought conditions throughout 2009. This condition calls for voluntary restrictions under the Town's DPP. The DPP identifies four different drought stages. Each stage identifies specific actions and restrictions that apply to all customers and Town facilities. Drought ilk stages may change when two or more of the subsequent criteria or triggers are met. Criteria include temperature, precipitation, US Drought Monitor levels, and annual average decline of static groundwater levels in the aquifer underlying Oro Valley. Incentives The current incentive program includes irrigation system rain sensors which are sold at a 116 reduced rate to our customers. To date, approximately 630 rain sensors have been sold to customers with active accounts. In an effort to better serve the customers, a Rain Sensor Installation Guide has been developed and is now distributed by the Utility and is also available on our website. Low Flow Toilet rebates are also being considered as an added conservation tool in the program. Research .111 Partnerships with Town departments, organizations and professionals in the water management industry continue to be vital in assessing the latest practical technologies and methodologies in water resource management. Information is then passed on to our 11111 customers through a variety of venues such as education programs, audits, and consultations. Policy In an effort to provide Oro Valley customers more options to expand their conservation efforts, changes were made to the Town Code in 2009 that requires the installation of graywater plumbing in residential construction. In addition, the Landscape Section of the Town Code has been updated to reflect the importance of water conservation. Water plans will be required for irrigation water use on new multi-family, commercial and homeowner association common areas. Requirements also apply to all projects that entail cumulative revegetation of 25% or more landscaped areas. Water plans or "budgets" , allow properties to monitor water use much more effectively and determine the presence of leaks much quicker. A fine or surcharge may be imposed when water budgets are exceeded. Water audits for new commercial development are a critical component of the , , revised code. These revisions will become effective June 2010. -25- t4 • • P ,let,* Y y ay S + a • ;J♦ rv'Cr, � c rt r „Ai; yy ,‘ ; „An' , / a fpr v�y _.. - ^'k!`r71✓" � y tapP^ur,t}.w ,,�, yy,,�'a.��.�''y,�g. .,,.,..... • ' 4Mz as '7A111•h, ,r as 4 Water Conservation Audit a Short Term Goals r The Utility continually strives to provide a high level of service. The Water Conservation Program encompasses a wide variety of water users and therefore constant evaluation of the program is important to ensure its relevance and success. The Utility is working to enhance communication efforts by improving the website and creating online surveys to assess customer needs. In addition, the Water Ways newsletter is now published as part of the on-line Oro Valley Vista magazine. Conservation classes continue to be an important venue to provide the community with educational opportunities on topics such as rainwater harvesting, designing low water use landscapes and the use of gray water for landscape irrigation. Long Term Goals The Utility continues to evaluate rebates and incentives as potential tools in the water conservation program. Water audits, one of our most beneficial services, assist many to homeowners in conserving water; however, extending a more comprehensive service to homeowner associations and commercial properties will become important. The research and establishment of landscape water budgets for homeowner associations and commercial properties would be a valuable tool for existing properties that are not affected by the revision of the Landscape Section of the Town Code. Water budgets are generally based on plant requirements and plant type. The best methods and practices to calculate water budgets are being assessed by Water Utility Staff. -26- Ilik WATER UTILITY OPERATIONS sh Production Facilities Division Water Utility personnel in the Production Facilities Division are responsible for the ai operation and maintenance of the wells, booster pumps and reservoirs on two potable water distribution systems and the booster pumps, metering stations and reservoir on the reclaimed water delivery system. All Production Facilities personnel are operators lb licensed and certified by the Arizona Department of Environmental Quality (ADEQ). The operators have the direct responsibility to operate the facilities section of the water systems according to the regulations and rules set forth by the EPA (40CFR141) and II ADEQ (Arizona Administrative Code Title 18). The potable systems are chlorinated systems and the Production Facilities Division II controls and monitors the chlorine dosage rates and residuals on a daily basis. The potable system located within the Town of Oro Valley Water Service Area (OVWSA) is a Grade IV Water Distribution and a Grade II Water Treatment system and currently lb delivers water to twenty pressure zones and a consecutive system located at La Cholla Air Park (LCAP). LCAP is considered a consecutive system because it is served off of the OVWSA through a large 6-inch meter and the Water Utility does not have 1116 responsibility for the operation and maintenance of the LCAP water distribution system. The Public Water System Number is AZ0410164 for OVWSA. The potable system that is not located within the Town boundaries, known as the Countryside Water Service Area lb (CSWSA), is a Grade III Water Distribution system that currently delivers water to a single pressure zone at the Countryside development. The Public Water System Number is AZ0410175 for CSWSA. The groundwater production capacity within the OVWSA is all currently 12.93 million gallons per day (8976 gpm) with a storage capacity of 7.79 million gallons. The groundwater production capacity within the CSWSA is currently 2.67 million gallons per day (1,854 gpm) with a storage capacity of 0.87 million gallons. lb mac. .z, - .......r..,. ice-- 1 ....a.. + GYM 7 °T .. 1 F d . A R' N Y y '••tEb '' ' - ' ' , ._ ,. ;`, f.4;4, ---,,,,,,, 1 �' 14 .6 } i 4 , :_ 7. ' ' . 4 ..y , H i!{ fe Production Facility SCADA Operations -27- a The Utility continues to be proactive in the implementation of maintenance programs and facility upgrades. The development of an overall preventive maintenance program is in progress. Facility sites are evaluated annually to determine necessary upgrades to ensure r efficient operation of the facilities. A continuing effort to retrofit water level sensing equipment in each production well will help the Utility collect monthly water level data and will assist in the development of an accurate water level database and to analyze trends. Monthly monitoring of the water levels will also help the Utility identify potential problems with either the pumping unit and/or the well itself and schedule required maintenance before a well and/or pumps fail. a The following are some of the major activities and accomplishments that were performed by the Production Facilities Division in 2009: a ➢ Assisted with the pump replacement at well D7 ➢ Assisted with the pump sizing design and rehabilitation planning for wells E2, Fl, de and D8 ➢ Facilitated the Sanitary Inspection by PDEQ for system AZ0410164 ➢ Maintained and tested disinfection residuals throughout systems AZ0410164 and do AZ0410175 ➢ Assisted with of the specialized bacteriological treatment of well C9 ➢ Performed mechanical and general maintenance at 20 wells, 27 booster stations, and 18 storage tanks ➢ Performed the annual groundwater level survey ➢ Assisted with the electrical arc flash survey for all Utility owned TEP powered potable and reclaimed sites ➢ Assisted with the departmental budget development ➢ Assisted with five reservoir exterior and interior inspections "" ➢ Assisted with the Well Monitoring capital project and quarterly report ➢ Efficiently operated the potable and reclaimed systems via SCADA ➢ Responded to approximately 104 after hour's calls ➢ Fabricated and installed new accessg ates at wells D5 and D7 ➢ Fabrication and installation of 55 gallon barrel stand for oiler at well C9 including pad and mounting inside the sound enclosure 411 ➢ Installation and programming of automatic electronic oil dripper at well C9 ➢ Reconfigure the installation of intrusion devices at Big Wash ➢ Installation of ultrasonic level sensor at Stone Canyon do ➢ Assist with the reconfiguring of the reclaimed supply lines to Stone Canyon and La Canada South for temporary supply ➢ Electronic flow meter installation, programming and testing at Tangerine ➢ Improve the reclaimed delivery-metering site at Vistoso Highlands for erosion control ➢ Erosion control improvements at Deer Run, Sheraton, Tangerine, and Allied Signal ➢ Replace and improve the main chlorine storage facility at Big Wash ➢ Replaced motors and pumps at the Sheraton Booster ➢ Install and program electronic flow meter at well D4 ➢ Remote Terminal Unit programming at 16 sites r _28_ r • SCADA network system maintenance on forty-four Remote Terminal Units, two Master Controllers,two Human Machine Interfaces, and one Master Server s ➢ Participated in the Energy Efficiency Project ➢ Staff training by ADOT for hazardous material transport (3 yr refresher) for chlorine nib ➢ Staff training,personal development hours for operator licensing ➢ Performed approximately 7,020 chlorine endpoint tests and 4,420 routine site checks • The Supervisory Control and Data Acquisition (SCADA) system is continuously updated, improved and programmed to streamline operational control, data trending, and r► alarm annunciation. The SCADA system is centralized and currently monitors and controls all potable and reclaimed system facility sites. Utility staff monitor and operate all water systems via the SCADA system on a twenty four hour seven day a week (24/7) basis. Production facilities staff is also responsible for the installation and maintenance of security devices at the Utility's facilities. As part of regulatory compliance, a Sanitary Survey of System AZ0410164 was conducted by Pima County Department of Environmental Quality (PDEQ) in 2009 and there were no violations. Production staff works very closely with Distribution Facilities and Water Quality personnel to address any system problems. The Production Facilities staff is on-call 24/7 216 and utilizes a tiered level after-hours response protocol that is in accordance with the developed Emergency Response Plan. Production Staff is continually monitoring and checking the system to provide safe and reliable water service for our customers. Distribution Facilities Division Utility personnel in the Distribution Facilities Division are responsible for the operation and maintenance of 342.3 miles of potable water main, 12.5 miles of reclaimed water mains for a combined total of 354.8 miles of mains, approximately 2,002 fire hydrants on a�► the potable water system, 2 fire hydrants on the reclaimed system and 7,320 valves. The Staff conducts maintenance programs and repairs that keep the distribution system functioning properly and minimizes problems that are inherent to water distribution r systems. Data bases have been established for hydrants; pressure reducing valves, and air release valves. A valve exercising program that helps monitor equipment and develop maintenance cycles has been established. The program provides information and � equipment history data that facilitate a proactive replacement program. All Distribution Facilities personnel are operators licensed and certified by the Arizona Department of Environmental Quality (ADEQ). The operators have the direct responsibility to operate • the distribution section of the water systems according to the regulations and rules set forth by the EPA(40CFR141) and ADEQ (Arizona Administrative Code Title 18). i The Division works closely with Customer Service and responds to complex customer work orders such as high/low pressure, water quality, service line breaks, hydrant repairs, system pressure regulating valves, system air relief valves and system flushing. The � Division also is responsible for bluestaking all underground water mains. The Division is responsible for maintaining 17 active {7 inactive} pressure reducing valves (PRV) for a total of 24 PRVs, 732 air relief valves (ARV) and 880 drain valve assemblies (DVA). � -29- r The Division also responds to water pipeline leaks and repairs these leaks in a timely and cost effective manner to minimize impacts to our customers. The Division also worked with local fire protection agencies to flow test and repair approximately 51 fire hydrants. m ;. of • do # - . moot i a ,,11110%.. a Installation of above ground 6 inch meter with 4 inch bypass. The following are some of the major activities and accomplishments that were performed de by the Distribution Facilities Division in 2009: ➢ Maintained, replaced and/or repaired 28 hydrants de ➢ Flow tested and/or repaired 49 hydrants for fire protection ➢ Performed 100 tests and/or repairs for the maintenance and operation of the 25 pressure reducing valves di ➢ Maintained, replaced and/or repaired 72 air relief valves ➢ Maintained, replaced and/or repaired 3 drain valve assemblies ➢ Performed 3,389 bluestakes for underground pipeline and facilities locations ➢ Responded to and repaired 6 water pipeline breaks ➢ Responded to approximately 254 customer inquiries in the field „ , ➢ Responded to and repaired 10 service line breaks ➢ Responded to 444 after hour call outs ➢ Installed 28 new hydrant defenders a The Distribution Division also has significant direct customer contact and responded to customers regarding pressure or flow related problems in the field. The Distribution Division, in conjunction with the Production Facilities Division, provides 24-hour on-call staffing to respond to water system problems. During this past year, the Utility equipped 2 vehicles for emergency responses, built a fire hydrant repair trailer and received de numerous letters from customers who received assistance from Distribution personnel that exceeded their expectations. This is confirmation of the high level of professional performance and courteous service of Utility personnel. a a a -30- SECURITY AND EMERGENCY RESPONSE PLAN lb The Public Health Security and Bioterrorism Preparedness and Response Act were enacted in 2002. This federal mandate required the Utility to perform a Vulnerability Assessment (VA) and develop an Emergency Response Plan (ERP) that incorporates the vulnerabilities identified by the VA. Under Homeland Security Presidential Directive #7 (HSPD7) the Water Utility infrastructure is considered critical infrastructure of national interest. 116 Under current Federal guidelines, water operations personnel are considered first responders. Though primarily mandated by State rules with public health responsibilities, water operators also have a public safety responsibility with relevance to the water systems they are charged with operating. First response staff and vehicles are placed in an after hours position to directly respond to any developing emergency in order to ` minimize a situational effect on water system integrity. Production Facilities and Distribution Facilities staffs coordinate their response actions. They will respond with an appropriate level of personnel to mitigate the problem. Currently, the combined first response staff from Distribution and Production can handle the initial stages of two small-scale concurrent system events or one widespread system event. Any facilities security situations directly involve the Oro Valley Police Department as a first response action. The VA for the Oro Valley Water Utility and the certification that the ERP was completed were submitted to the EPA and ADEQ in June 2004. The VA and the ERP were reviewed in 2009. They are up to date regarding the Utility operational or response situations. Contact information and procedures were also updated. Following completion of the VA, the Utility began to implement a program that would , address and correct elements identified in this document. The changes are designed to protect and "harden" the facilities against potential threats from the acts of people who wish to do harm to the residents of Oro Valley. The Utility will continue to implement elements defined in the VA as well as those that may be identified through the course of business. 11111 In 2009, Utility personnel, with the assistance of a security consultant, reviewed, refined and updated the security program, Emergency Response Plan, and the Business Continuity Plan. Under the security program a series of training classes and exercises were made available and completed by the Utility Staff. This training is done on an annual basis as per the guidelines from the Department of Homeland Security, FEMA, and the EPA. The Water Utility is registered with the NIMS Compliance Assistance Support Tool (NIMSCAST) and the compliance metrics assessment was completed for 2009. Utility personnel will continue to complete the required training and certification for Incident Management courses provided by FEMA. Operations personnel also receive emergency management courses provided by ADEQ. The Business Continuity Plan (BCP) and the Emergency Response Plan (ERP) are reviewed and updated annually to facilitate the ability of the Utility to continue vital administration, business services, and response actions in the event of an emergency or disaster. -31- a The hydrant lock program continues to be implemented through the new development process and all hydrants within Oro Valley systems are protected from illegal entry and use. r In 2009, 28 new hydrant defenders and locks were installed. There is extensive cooperation under this program with the three fire districts serving Oro Valley Water Utility customers, the Oro Valley Police Department, and other area water providers. Perimeter barrier fencing at all active production facilities, which include booster stations, are inspected on an annual schedule to maintain integrity. Intrusion detection equipment and warning signage has been installed at all active production facility sites. All new capital improvement designs incorporate the required security enhancements. These security features include security walls, motion sensors and cameras. Testing devices have been purchased for testing water samples under a first response scenario. This equipment is capable of giving instantaneous results on a broad spectrum of chemical constituents. A continuing program has been initiated to chemically characterize ("fingerprint") the water produced. This will help identify any anomalies during a suspected event involving water quality. These baseline data are taken on a monthly basis. Future system enhancements are proposed to include installation of real-time water quality monitoring devices that will be tied to SCADA. This is still being researched as to the most practical and accurate methodology. do The Utility is kept abreast of local, regional and national security issues via weekly situation reports provided by Water Information Sharing and Analysis Center (Water ISAC). The Utility also joined Arizona Water/Wastewater Agency Response Network (AZWARN) in 2009 to mutually cooperate with other water and wastewater providers in an emergency. a a a a r a a -32- ENGINEERING & PLANNING S The Engineering & Planning Division is responsible for planning and managing the design, construction and inspection of all new water infrastructures for the Town of Oro Valley. New water infrastructure is constructed both through the new development process where the developer finances the project and through the Water Utility's capital improvement program. The Engineering and Planning Division provides technical support to both operational groups, Distribution and Production as well as to other Water al Utility personnel. Additionally, it is responsible for managing and maintaining a Geographic Information System data base on all existing water system infrastructure in coordination with the Information Technology Department. As part of the long term plan to deliver CAP water to the Town in the near future, the Engineering & Planning Division initiated the process to select a qualified engineering ' firm to perform an engineering study on the distribution of CAP water to the Town of Oro Valley. That process was completed with the selection of CH2M Hill to perform the study. The study will be completed by spring of 2010. The focus of the study will be water quality issues such as total dissolved solids (TDS) and pH, logistics for delivery and any new required infrastructure as well as associated costs. New Development ei The New Development Section is responsible for facilitating development by reviewing and approving water improvement plans for proposed new developments and assisting with planning for future water system expansion. Water improvement plans are reviewed for compliance with Water Utility standards and are approved for construction once all requirements are met. Through this process the need for additional pipelines, booster pump stations and water storage reservoirs are identified as they relate to future developments. Each new development project is required to have an executed Line Extension Agreement (LEA) which outlines the responsibilities of the developer and the Town of Oro Valley. The LEA is the legal document that transfers the ownership of the new infrastructure to the Town and provides a two year warranty for the new water infrastructure installed. The New Development Section works closely with the Pima County Department of Environmental Quality to acquire a certificate for the "Approval of Construction"prior to placing new water facilities in service. Coordination with Planning and Zoning, Public Works and Building Safety Departments is critical to this process to ensure quality construction and that water facilities are constructed in accordance with approved standards. In 2009, the New Development Section reviewed and approved 15 water improvement plans for construction. Eleven (11) plans were constructed, inspected, ,a„ approved as-built, and placed into service. The completion of these projects added approximately 1.1 additional miles of pipeline to the existing water distribution system. -33- CAPITAL PROJECTS The Engineering and Planning Division administered contracts for projects and also ,,,,s managed several projects in 2009. These projects are identified in the Potable Water System Master Plan adopted by Mayor and Council in August of 2006. They are designed to improve existing facilities and help the Utility keep pace with increased dis demands due to growth within the Town and water service areas. These capital projects are described below. Pressure Reducing Valve (PRV) Stations Three existing PRV stations were modified in 2009 bringing them from underground to aboveground. This modification provides better access for maintenance as well as improved reliability and improved safety for Utility personnel. Two stations were modified by staff from the Distribution Division. The estimated savings by Oro Valley staff performing the work is approximately $30,000. El Conquistador C-D Zone Booster Pump: The existing facility has been in operation since the early 1980's and a redesign was ,i required to improve system capacity and efficiency. The design is complete and will replace the older facility with a new pump station sized to efficiently meet water demands. Construction is expected to start in FY 2010-2011. 40 Well Drilling: In November 2009, drilling was completed on a new well near First Ave. and Tangelo. si This is a replacement production well; currently we are designing the equipment and site improvements. The new well is equipped with a 150 HP motor enclosed with a sound barrier. The facility will include a disinfection system and a seven foot security wall. Construction will be complete in FY 2010-2011. The new well will be capable of ids pumping 600 gallons per minute of water into the distribution system. This well is expected to be in operation by summer of 2010. dm { 1/r � j ;- .rte... ,O 0,1 a • S ta0,001.1.' • i Well E-1B Drilling Equipment North La Canada Reservoir: The reservoir is a 3.0 million gallon DYK, Inc. pre-stressed concrete reservoir located near Moore Road and King Air Drive. The Town will award the construction contract in the first quarter of FY 2009-2010. -34- It is an in-ground reservoir and includes provisions for a future booster pump station which will provide service to areas north and west of the site. Design consideration has been made to accommodate an additional reservoir at the site in the future. y F4a 1 1116 7 - 'r 7-t#4.44- • E i' •5$�'{rKf• f opoillitiaic 441_ DYK Inc. Pre-Stressed Tank Innovation Park Drive 16-Inch Water Main Replacement: This project is complete. The Town installed 2,000 linear feet of ductile iron pipe in the vicinity of Innovation Park Drive and Tangerine Road. The existing pipe was replaced because it was not designed to operate as a distribution main. Replacement of this main will improve distribution system delivery and reliability. Lambert Lane Water Main Replacement: Currently we are designing a water main replacement and relocation on Lambert Lane in advance of scheduled road improvements. Steam Pump Ranch Well: The Town is currently planning for a future production well located in historic Steam Pump Ranch. The Town has secured an access easement to the proposed well site through the adjacent commercial development to the north. The well 616 drilling is proposed for FY 2011/12. Construction Inspection All new development and capital projects are inspected during construction for conformance with the approved design as well as material and installation standards. The Water Utility has two full time Construction Inspectors and utilizes the services of a consultant inspector to assist when specialized inspections are required. In addition to inspecting new construction, both inspectors assist Operations Staff in the monitoring and r� inspection of existing water main repairs. This year, inspections were performed on eleven new development projects and two capital improvement projects. These projects included the addition of approximately 1.1 miles of potable water system pipeline, one well drilling project and the construction of one security wall enclosure. Due to the decline in new development projects, Water Utility inspectors were available to inspect -35- die de two of the capital improvement projects typically performed by outside consultant inspectors. Using our inspectors on these projects saved the Water Utility an estimated $20,000. Future Protects FY 2010-11 Potable Water Capital Improvement projects planned for FY 2010-11 include the following: • Equip Replacement Well E-1B on First Ave. and Tangelo • Design and construct water main improvements on Lambert Lane • Reconstruction of the El Conquistador booster station • Finish construction for the 3.0 MG La Canada reservoir and water main • Design and construct water main replacements in Campo Bello Subdivision • Relocate chlorine storage facility dr Construction costs have stabilized in the past twelve months and we expect costs to slightly increase through the next fiscal year. r .Five Year Capital Projects Program: The following table summarizes the Utility's proposed five year Capital Projects Program. A detailed schedule of the capital improvements program may be found in Appendix D. CIP FY 10/11 FY 11/12 FY 12/13 FY 13/14 FY 14/15 5 Year Total Existing System $4,190,000 $3,530,000 $ 1,410,000 $2,200,000 $2,880,000 $ 14,210,000 As Expansion Related $3,43 0,000 $ 0 $ 0 $ 0 $ 0 $ 3,43 0,000 As Total $7,620,000 $3,530,000 $ 1,410,000 $2,200,000 $2,880,000 $ 17,640,000 The capital projects for existing system improvements FY 2010-11 will be financed with a Water Infrastructure Finance Authority (WIFA) low interest loans and cash. It is proposed that projects in future years will be financed through proceeds from cash reserves and future debt issuance. All expansion related improvements will be financed do with remaining Series 2003 bond proceeds and with cash generated from the Potable Water System Development Impact Fees. di all -36- FINANCIAL HIGHLIGHTS The Utility's revenue consists of potable and reclaimed water sales, groundwater ai preservation fees, miscellaneous service fees and charges, water development impact fees and interest income. The Water Utility has three funds: ➢ The Enterprise Fund provides funding for the Water Utility administration and operations as well as existing system improvements. The sources of revenue for this fund are water sales and service charges. alb ➢ The Potable Water System Development Impact Fee Fund provides funding for expansion related projects for new growth. The source of revenue for this fund is potable water development (impact) fees. These fees are paid at the time a meter is purchased. The funds collected ensure that system expansion is paid for by new development. alb ➢ The Alternative Water Resources Development Impact Fee Fund provides funding for the development of renewable sources of water supply, specifically reclaimed water and CAP water and any infrastructure required for delivery of those resources. The sources of revenues for this fund are impact fees and Groundwater Preservation Fees. Alternative water resources development al (impact) fees are paid by new development for that portion of renewable water supply and infrastructure attributed to new growth. Groundwater Preservation Fees are paid by existing customers for their portion of renewable water supply "'f" and related infrastructure. The following table contains the actual revenue received for FY 2008-09 for all funds 1116 within the Utility: Revenue Source Amount Received Mb Potable Water Sales: Residential $ 7,678,865 Commercial $ 744,017 1111 Irrigation $ 1,099,433 Turf $ 307,950 IMP Construction $ 393,978 Reclaimed Water Sales: Turf $ 1,401,602 Construction $ 6,592 Irrigation $ 9,009 Misc. Service Fees & Charges $ 520,030 IIlb Total Enterprise Fund $12,161,476 Groundwater Preservation Fees $ 1,387 270 Alternative Water Resources 1116 Development Impact Fees $ 812,740 Potable Water System Development Impact Fees $ 1,588,084 Interest Income $ 285,658 Total for FY 2008-09 $16,235,228 -37- ■r dm Revenues for the Enterprise Fund for FY 2008-09 from water sales have slightly increased due to approved increases in water rates. Revenues from Potable Water System Development fees decreased in FY 2008-09 due to a decrease in growth. a The Utility used cash reserves to finance existing system capital projects in FY 2007-08 and FY 2008-09. In FY 2009-10 cash reserves will also be used to finance a portion of the existing system improvements; however, a low interest loan through WIFA will dr finance the majority of the improvements. The budgeted expenditures (excluding depreciation and amortization) are combined for ids all funds and are compared to the actual expenditures for FY 2008-09 in the following table: 4m Budget Actual Spent Difference Percentage Expenditures FY 2008-09 FY 2008-09 Under(Over) Under (Over) do Personnel $ 2,470,040 $ 2,447,642 $ 22,398 0.9% O&M $ 5,695,195 $ 5,772,075 ( $ 76,880) (1.4%) Capital $ 6,165,826 $ 3,627,553 $ 2,538,273 41.2% Ili Totals $14,331,061 $11,847,270 $ 2,487,791 17.4% The Utility's capital expenditures were under budget as a result of delays in construction a of potable water system projects. In October 2009, the Town Council authorized the Water Utility to obtain a loan from ill WIFA to finance capital projects for existing system improvements in the amount of $3,403,000. The terms of the loan are 3.171% interest for 20 years. There was no principal balance on this loan during FY 2008-09. a The following table is a summary of the outstanding debt and debt service payments 40 (principal and interest) for all funds within the Utility: di Outstanding Debt Debt Service Fund Bond Series As of 6/30/09 Payments di FY 2008-09 Enterprise 1999 $ 0 $ 0 Enterprise 2001 $ 1,335,084 $ 299,260 di Enterprise 2003 $17,480,250 $ 1,651,579 Enterprise 2005 $ 1,844,700 $ 151,557 Enterprise 2007 $16,420,820 $ 749,356 is AWRDIF 2003 $11,130,000 $ 879,668 AWRDIF (WIFA) 2008 $ 4,373,270 $ 296,177 AWRDIF (WIFA) 2009 $ 0 $ 0 dm AWRDIF (CAP) N/A $ 1,414,853 $ 521,494 PWSDIF 2003 $ 7,485,000 $ 637,646 Totals $61,483,977 $ 5,186,737 dis In May 2009, Utility Staff received authorization to pay off the Series 1999 Bonds. The Utility redeemed $1,835,000 in principal plus accrued interest. The interest to be saved a by early redemption of these bonds is $490,165. a -38- The Water Utility and Finance Department continue to review bonds and debt service to look for opportunities to reduce debt obligations when it is fiscally sound and there is a 0 financial benefit. By reducing outstanding debt, it will be easier to maintain the required 1.30 debt service coverage requirement which may result in smaller rate increases. WATER RATES AND DEVELOPMENT FEES ak The functions and duties of the Commission include reviewing and developing recommendations for water revenue requirements, water rates and fee structures. The Commission annually evaluates staff recommendations based on a water rates analysis to assure the recommendations meet Town policies and bond covenants. The Utility bases its financial analysis on the American Water Works Association (AWWA) Cash Needs lb Approach. In 2009, the Water Utility Commission recommended a Preferred Financial Scenario to SI Council with a proposed rate increase. Town Council approved a water rate increase for FY 2009-10 on November 18, 2009 by Resolution (R) 09-74. The approved water rates included an increase to the base rates, commodity rates and the Groundwater Preservation Fee. The increases went into effect on December 19, 2009. The average residential customer experienced an increase of 5.6% or approximately $2.06 per month. This included an increase in the Groundwater Preservation Fees (GPF) of$0.20 from $0.55 to $0.75 per 1,000 gallons for potable water customers. For reclaimed water, the GPF increase was $0.10 from $0.30 to $0.40 per 1,000 gallons. Other service fees and charges Ilb that were increased include new service establishment fees, reconnection fees, backflow permit fees and security deposits. All current water rates, fees and charges are available to view on the Town website at 111 http://www.orovalleyaz.gov/Town_Government/WaterUtility/B illingand_Customer Services/Water_Rates_and_Fees.htm The Alternative Water Resources Development Impact Fees were last increased in December 2008 and the Potable Water System Development Impact Fees were increased in September 2007. The current impact fees are also on the Water Utility website and the Town website in the Town Code — Chapter 15 Water Code. Each year, on or before September 28th, an accounting of the water development impact fees is presented in a report required by Arizona Statute. In accordance with Mayor and Council Policy, a Water Rates Analysis Report will be prepared during 2010 that contains information on the three funds that comprise the Oro Valley Water Utility. Each fund is individually analyzed with regard to revenue and revenue requirements. It is anticipated that the Water Rates Analysis Report will be 111 completed in September of 2010. If the Notice of Intent is approved by Council to increase water rates, a public hearing date will be set to review and consider the recommended rate increases and hear comments from residents and customers. -39- S � v qq� � �"� TOWN OF ORO VALLEY NDE.AsitWATER UTILITY COMMISSION 2010 ANNUAL REPORT APPENDIX A UTILITY STATISTICS de YEAR 2007 2008 2009 Customer Base 18,035 18,330 18,401 Water Deliveries in Gallons 2,791,092,000 2,569,729,000 2,492,488,000 Reclaimed Water Deliveries in Gallons 500,894,000 574,769,000 637,132,000 Bl uesta kes 4,796 4,514 3,389 Customer Contacts Customer Service 41,507 43,016 37,430 Field Operations 2,037 2,684 3,616 Water Conservation-Audits 205 145 179 Water Quality Samples 5,998 1,421 4,491 Meter Reads 210,352 212,162 214,530 Billing Collection Rate 99.90% 99.90% 99.90% Customer Base 18,035 18,330 18,401 20,000 , _ . . ' Z E' f 7_ 15,000 r 10,000 5,000 7 .-> 2007 2008 2009 A-1 Potable Water Deliveries in Gallons 2,791,092,000 2,569,729,000 2,492,488,000 3,000,000,000 Z . 2,500,000,000 7 r}y 2,000,000,0007- Al.�4 1,500,000,0004 u 9 1,000,000,000 500,000,000 2007 2008 2009 i lib Reclaimed Water Deliveries in Gallons 574,769,000 637,132,000 700,000,000 500,894 000 / , V 600,000,000 z I 500,000,000 400,000,000 7 300,000,000 7 0 200,000,000 7 100,000,000 Z V Z /7/'" la 1_ 2007 2008 2009 Bluestakes / 4,796 / AM, 4 514 :. 5,000 / / 3,389I 4,000 / / 4'. 3,000I 2,000 1,000 / / //// el. 2007 2008 2009 ear A-2 a a Customer Contacts - Customer Service a V 1 1 41,507 43,016 50,000 - . ...„.: .„.,,,,„,,,,,,.',---,.„- #7 — 37,430 j a 40,000 7 E r 30,000 --- --__ ---- 2 a 20,000 10,000 a Y i 2007 2008 2009 a ICustomer Contacts - Field Operations 3 616 �W. 4,000 — - - 3 2,684 3,500 3,000 2,037 4 as 2,500 - , - 2,000 I 1,500 1,000 1,i ...___ _..,__ .. - 111 500 4' 2007 2008 2009 II Water Conservation-Audits 205 250 179 2007 145 150 _z100 . 50 As - T- 2007 2008 2009 as A-3 Am . Water Quality Samples ,,,, !" ---I 6,000 4,491 5,000 7' Z Ad i ... 4,000 3,000 1,421 2,000 _ o 1,000 .b 2007 2008 2009 Meter Reads II 210,352 212,162 214,530 250,000 /:— / / / Iii 200,000 150,000 1 f .. 100,000 50,000 / ___../ libr 2007 2008 2009 60, Billing Collection Rate 99.90% 99.90% 99.90% IIII .t 100.00%J 11111 80.00% 60.00% 40.00% : / 6. 20.00% 0.00% . _. __ 1 z. -. -h-i,. im 2007 2008 2009 ' sk- II A-4 ;o- 6) TOWN OF ORO VALLEY �DE°A9 WATER UTILITY COMMISSION 2010 ANNUAL REPORT AIN1 APPENDIX B � WATER QUALITY 11 III LY U - L LE in OO N a)4.2 a) ., N >, a) 7 C g_ O o .0a) t O U Q E• O a) F2. O a) OC a, 0 il OOCcn 11 `~(0 cr) (1) j . u) •- ENaa) >, >, a) O L C 22 C O U U U u 5' Z Q CCC )m wO w t a) a) a) . (,) n aaa U U UC 3 C ON o a, a a p aO C > O— +o L LO LLEU 0 C a) a) U Q O 4) p 0 jO� O O OO3 ,_g > a , ',(2.- a) a) E a) Y v v `O - nCUL Y ` aC ('ss C v U �CcU . > a) O a) -0 4- 4-- L , 2 cn C .E . Y o = C .o -a Y .2 .. 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O 03 cc U u_ a d O 0 CC z 2 2 J aI 0 G1 .. w 'p O Q mi L co � z (N co w Q Q •— a) 0 0 O I ti Oaace a cn c) U)I- I— I D-2 ' t6) .iwwF� +Aa° k TOWN OF ORO VALLEY ''��E�‘"'' WATER UTILITY COMMISSION 2010 ANNUAL REPORT APPENDIX E LIST OF ACRONYMS I LIST OF ACRONYMS I ACH Automated Clearing House (automatic payment program) I ADEQ Arizona Department of Environmental Quality ADWR Arizona Department of Water Resources I AF Acre-Feet AWWA American Water Works Association AZWARN Arizona Water and Wastewater Agency Response Network I BCP Business Continuity Plan CAGRD Central Arizona Groundwater Replenishment District CAP Central Arizona Project I CAWCD Central Arizona Water Conservation District CPP Capital Projects Program CSWSA Countryside Water Service Area I CY Calendar Year DAWS Designation of Assured Water Supply EPA Environmental Protection Agency IP ERP Emergency Response Plan FEMA Federal Emergency Management Act FY Fiscal Year GAP Groundwater Action Plan GIS Geographic Information System GPM Gallons Per Minute IGA Intergovernmental Agreement _ IOC Inorganic Compound ISAC Information Sharing & Analysis Center I MCL Maximum Contaminate Level MRP Meter Replacement Program MTP Meter Testing Program I OVWSA Oro Valley Water Service Area pCi/L Picocuries Per Liter PDEQ Pima County Department of Environmental Quality I POE Point Of Entry ppb Parts Per Billion ppm Parts Per Million I SCADA Supervisory Control And Data Acquisition SOC Synthetic Organic Compound SSF/RO Slow Sand Filtration / Reverse Osmosis I TCE Trichloreoethylene TTHM Total Trihalomethanes VA Vulnerability Assessment I VOC Volatile Organic Compound Water CASA Water Conservation Alliance of Southern Arizona WOW Water on the WebII 1 E - 1