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**AMENDED (2-13-08, 3:00 p.m.) AGENDA ORO VALLEY TOWN COUNCIL REGULAR SESSION FEBRUARY 18, 2009 ORO VALLEY COUNCIL CHAMBERS 11000 N. LA CANADA DRIVE REGULAR SESSION AT OR AFTER 5:00 PM CALL TO ORDER ROLL CALL EXECUTIVE SESSION AT OR AFTER 5:00 PM Pursuant to 38-431.03(A)(3) for consultation for legal advice with the attorney relating to the potential elimination of positions in the Town's fiscal year 09/10 operating budget RESUME REGULAR SESSION AT OR AFTER 6:00 PM CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE UPCOMING MEETING ANNOUNCEMENTS — TOWN MANAGER COUNCIL REPORTS DEPARTMENT REPORTS TOWN MANAGER'S REPORT - Informational Items 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 CALL TO AUDIENCE —At this time, any member of the public is allowed to address the Mayor and Town Council on any issue not listed on today's agenda. Pursuant to the Arizona Open Meeting Law, individual Council Members may ask Town Staff to review the matter, ask that the matter be placed on a future agenda, or respond to criticism made by speakers. However, the Mayor and Council may not discuss or take legal action on matters raised during "Call to Audience." In order to speak during "Call to Audience" please specify what you wish to discuss when completing the blue speaker card. PRESENTATIONS: 1) Pause for Paws 02/18/09 Agenda, Council Regular Session 2 2) Presentation by the Kiwanis Club of Oro Valley thanking the Town for its support for the Christmas Tree Recycling Program 3)** Presentation of the Distinguished Budget Presentation Award for Fiscal Year 2008/09 Town of Oro Valley Budget from the Government Finance Officers Association 1. CONSENT AGENDA (Consideration and/or possible action) A.** Minutes - January 24 28, 2009 B. Coyote Run Monthly Report - January 2009 C. Economic Development Monthly Report - January 2009 D. Police Department Monthly Report - December 2008 E. Resolution (R)09 - 09 Approving a Tactical Diversion Task Force Agreement between the Drug Enforcement Administration and the Town of Oro Valley for the participation in the DEA Tactical Diversion Squad Task Force F. Resolution No. (R)09 - 10 Authorizing and executing a license agreement between the Town of Oro Valley and the Oro Valley Historical Society to allow for the planting, cultivating, and maintenance of Native American and Pioneer Gardens and to permit guided site tours on the site known as Steam Pump Ranch G. OV12-07-17 Approval of a development plan for lot 6 of Mercado Del Rio property, located off Pusch View Lane directly west of Oracle Road H. Resolution No. (R)09 - 11 Supporting Arizona Public Education at all levels and to urge the Arizona State Legislature not to balance the state budget at the expense of public education Appointment of Robert Turnbull as the Town of Oro Valley representative to the Tucson-Pima County Bicycle Advisory Committee with term effective January 1, 2009 through December 31 , 2011 J. Appointment of Robert LaMaster and D. Alan Caine to the Planning & Zoning Commission with terms effective February 19, 2009 - July 31 , 2009 K. Appointment of Joy Nelson, member of Friends of Green Valley Public Library to the Oro Valley Library Review Committee L.** Request for Approval to use Budgeted Cash Reserves from the Water Utility Enterprise FY 08-09 Budget for the purchase of Groundwater Extinguishment Credits in an amount not to exceed $700,000.00 to reduce payment obligations to the Central Arizona Groundwater Replenishment District • 02/18/09 Agenda, Council Regular Session 3 2. DISCUSSION AND POSSIBLE DIRECTION TO STAFF TO FORMALLY INITIATE A CHANGE TO THE TOWN CODE AND BOARD AND COMMISSION ADMINISTRATIVE PROCEDURES AND POLICIES FOR APPOINTMENT (Continued from January 21, 2009) 3. RESOLUTION NO. (R)09 - 12 ADOPTING THE TOWN OF ORO VALLEY PROPOSITION 207 POLICY RELATING TO LAND USE MATTERS 4. CONSIDERATION AND POSSIBLE ACTION REGARDING RESCHEDULING THE MARCH 18, 2009 COUNCIL REGULAR MEETING TO MARCH 25, 2009 5. CONSIDERATION AND POSSIBLE ACTION REGARDING TRAVEL FOR FISCAL YEAR 2008/2009 6.** CONSIDERATION AND POSSIBLE ACTION TO RECONSIDER MODIFYING AND INCREASING THE ADOPTED FY 2008/09 TRAVEL BUDGET FOR MAYOR PAUL LOOMIS 7.** CONSIDERATION AND POSSIBLE APPROVAL TO MODIFY AND INCREASE THE ADOPTED FY 2008/09 TRAVEL BUDGET FOR MAYOR PAUL LOOMIS mow•' 8. FUTURE AGENDA ITEMS (The Council may bring forth general topics for future meeting agendas. Council may not discuss, deliberate or take any action on the topics presented pursuant to ARS 38-431.02H) 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 y "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: 02 06 09 AMENDED AGENDA POSTED: 02 13 09 4:00 p.m. 3:00 p.m. ejk ejk 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. rlt 02/18/09 Agenda, Council Regular Session 4 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 ga public hearing are for consideration and action by the Town Council during the course of their business meeting. Members of thepublic maybe allowed to speak on g p 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. Adef+,02 A Ali 1 Honorable Mayor Loomis and Council members: The Kiwanis Club of Oro Valley would like to thank you and your staff for your cooperation in allowing our organization to assist in the annual Christmas tree recycling program. Since 2002, when the Town initiated this recycling program, the Kiwanis have manned the lot and assisted all who brought trees to properly dispose of them. Equally important has been the generosity of Oro Valley residents who have contributed financially to the Kiwanis Club of Oro Valley when club members helped them to unload their Christmas trees. Because of their generosity we have been able to sponsor over 400 financially challenged young children (1st to 4th grade) to participate in our Kiwanis "Back to School and /or Winter-Christmas Clothing Needs Shopping Spree". This entire effort has been a win —win situation for everyone - young people benefit, the trees are turned into mulch for public use, and the Kiwanis Club accomplishes its mission of serving the children of the world. In particular, we'd like to acknowledge the ongoing help that we receive from both the Public Works and Parks and Recreation Departments. Without their cooperation, this project could not have been possible. Thank you for this ongoing opportunity to serve. We invite you and your staff to join us in August when we will again be taking school children shopping for their back-to-school new clothing needs. The Oro Valley Kiwanis Club Hank Jepsen -- President Government Finance Officers Association PRESENTATION #3 203 North LaSalle Street, Suite 2700 Chicago,Illinois 60601-1210 312.977.9700 fax: 312.977.4806 January 19, 2009 Ms. Stacey Lemos Finance Director Town of Oro Valley 11000 North La Canada Drive Oro Valley, AZ 85737 Dear Ms. Lemos: I am pleased to notify you that Town of Oro Valley, Arizona has received the Distinguished Budget Presentation Award for the current from the Government Finance Officers Association (GFOA). This award is the highest form of recognition in governmental budgeting and represents a significant achievement by your organization. When a Distinguished Budget Presentation Award is granted to an entity, a Certificate of Recognition for Budget Presentation is also presented to the individual or department designated as being primarily responsible for its having achieved the award. This has been presented to: Wendy Gilden, Management & Budget Analyst We hope you will arrange for a formal public presentation of the award, and that appropriate publicity will be given to this notable achievement. A press release is enclosed for your use. We appreciate your participation in GFOA's Budget Awards Program. Through your example, we hope that other entities will be encouraged to achieve excellence in budgeting. Sincerely, Stephen J. Gauthier, Director Technical Services Center Enclosure Washington, DC Office 1301 Pennsylvania Avenue,N.W., Suite 309 • Washington, DC 20004 • 202.393.8020 •fax: 202.393.0780 www.gfoa.org Government Finance Officers Association 203 North LaSalle Street, Suite 2700 Chicago, Illinois 60601-1210 312.977.9700 fax: 312.977.4806 January 19, 2009 PRESS RELEASE For Further Information Contact Stephen J. Gauthier(312) 977-9700 ************************************************************************************* Chicago--The Government Finance Officers Association of the United States and Canada(GFOA) is pleased to announce that Town of Oro Valley, Arizona has received the GFOA's Distinguished Budget Presentation Award for its budget. The award represents a significant achievement by the entity. It reflects the commitment of the governing body and staff to meeting the highest principles of governmental budgeting. In order to receive the budget award, the entity had to satisfy nationally recognized guidelines for effective budget presentation. These guidelines are designed to assess how well an entity's budget serves as: • a policy document ■ a financial plan ■ an operations guide • a communications device Budget documents must be rated "proficient" in all four categories to receive the award. When a Distinguished Budget Presentation Award is granted to an entity, a Certificate of Recognition for Budget Presentation is also presented to the individual or department designated as being primarily responsible for its having achieved the award. This has been presented to Wendy Gilden, Management & Budget Analyst. For budgets including fiscal period 2007, 1,165 entities received the Award. Award recipients have pioneered efforts to improve the quality of budgeting and provide an excellent example for other governments throughout North America. The Government Finance Officers Association is a nonprofit professional association serving 17,500 government finance professionals throughout North America. The GFOA's Distinguished Budget Presentation Awards Program is the only national awards program in governmental budgeting. Washington, DC Office 1301 Pennsylvania Avenue, N.W., Suite 309 • Washington, DC 20004 • 202.393.8020 •fax: 202.393.0780 www.gfoa.org Gol) GOVERNMENT FINANCE OFFICERS ASSOCIATION Distinguished Budget Presentation Award PRESENTED TO • Town of Oro Valley Arizona For the Fiscal Year Beginning .TUB)' 1, 2008 101'7-."?,,WAsorz-, President Executive Director • MINUTES • ORO VALLEY TOWN COUNCIL TOWN COUNCIL STUDY SESSION January 28, 2009 ORO VALLEY COUNCIL CHAMBERS 11000 N. LA CANADA DRIVE CALL TO ORDER at 5:30 p.m. ROLL CALL PRESENT: Paul Loomis, Mayor K.C. Carter, Vice Mayor Paula Abbott, Council Member Bill Garner, Council Member Barry Gillaspie, Council Member Al Kunisch, Council Member Salette Latas, Council Member 1. Town of Oro Valley FY 2008/09 Mid-Year Budget Review Finance Director Stacey Lemos presented the item. She noted that by the end of the fiscal year, there would be an estimated $2.1M deficit in the General tirw Fund. She explained that: • A $1.7M deficit had been accounted for in the budget. • A portion of the excess $400,000 deficit was a $232,000 investment loss in Lehman Bros. • This left a projected deficit of $168,000. Ms. Lemos noted that historically, departments have ended the fiscal year 1-3% under budget. She recommended that Staff continue to monitor the budget in order to close the gap. She informed Council of the deficits and surpluses in the following funds: • Highway Fund: o $92,000 projected deficit ■ $41,000 loss in Lehman Bros. investment • Bed Tax Fund o Estimated surplus of $379,000 • Public Transportation Fund: o Projected deficit of $69,000 ■ Could be accounted for at year end if under budget • Roadway Impact Fee Fund: o The projected year-end balance is $2.4M o Staff is evaluating the cash flow in this fund for the projected year and the next 4 years • Storm Water Utility Fund r 1/28/2009 Minutes, Town Council Study Session 2. o Estimated surplus of$134,000 • Year-end estimate does not include possible Federal Emergency Management Agency (FEMA) funding o Could be a self-supporting fund • Water Utility Fund o Expenditures $15.3M o Revenues $12.8M o Operating within the adopted budget and is sound Discussion ensued regarding: • $1.1M is anticipated from FEMA for the Stormwater Utility project in the Lomas de Oro Subdivision o Town Engineer is negotiating with Pima County Flood Control District to pay for the Town's share • The total loss from the Lehman Bros. investment was approximately $680,000 o The loss was allocated to each operating fund of the town based on the amount of reserves invested in the State Treasurer's pool • Carry over cost saving plans into the budget for the coming year • Hiring freeze • Historic Inventory Project could be put on hold • Some budgeted items could still come in under budget at year end • Environmentally Sensitive Land Ordinance (ESLO) contract is ready to be awarded o $250,000 budgeted for land annexation counsel • $1.7M from the Contingency Fund was allotted to cover one time expenses and make up the anticipated difference in Fiscal Year '08-'09 • Cash contingencies faired better by $2M in the General Fund • Savings due to vacancies and the hiring freeze have not been taken into account • An additional $300,000 from the Utility Tax will be accounted for in the last quarter o The Utility Tax is due to sunset April 1, 2009 The following items contain funds for this fiscal year that have not yet been spent: • Capital Improvement Projects: $300,000 of the $751,000 budget has been spent to date • $175,000 budgeted for the ESLO consultant has not been spent • $50,000 for the Historic Cultural Inventory has not been spent • $250,000 remains of the $300,000 for annexation activity • $360,000 payment to Sanofi Aventis for the sales tax rebate • It was recommended that the $500,000 contribution to the Capital Asset Replacement Fund (CARE) be retained Ms. Lemos stated that State Land Annexation expenses and the ELSO consultant would be eligible to rollover to next year's budget. She noted that the 1/28/2009 Minutes, Town Council Study Session 3 Capital Improvement Project (CIP) items were not likely to be carried forward since the projects were anticipated to be completed this fiscal year. Town Engineer Craig Civalier stated that cut backs could be made from outstanding surface treatment projects in order to make up for the $51 ,000 deficit in the Highway Fund. It was noted projects released for bid in the spring could garner bids that are below estimates as the climate for bids is quite good. It was clarified that: • Economic Development funds were under budget due to the lack of an Economic Development Administrator • Interest payments on HELP loans were paid by the Town while the principle payments were made by the Pima Association of Governments (PAG). o Interest payments were projected to be less than $2.4 million over the next 5 years Mayor Loomis directed Staff to continue monitoring the budget very closely and to schedule a study/special session for the third quarter. Ms. Lemos stated that for the second half of the current fiscal year there would be a reduction in Town revenues due to the following: • Sun setting of the Utility tax • The decline in consumer spending • High unemployment rate • New larger stores depleting sales from smaller stores • Construction sales taxes declining and projected to continue into next year 2. Preview of the Town of Oro Valley Fiscal Year 2009/2010 Budget Finance Director Stacey Lemos explained the assumptions for revenues and expenditures in the General Fund for fiscal year 2009/2010. REVENUE !EXPENDITURES Continued reductions in retail/restaurant No new personnel spending No cost of livingadjustments, merit, 000 reduction in State Income Tax$700market adjustments, STEP plan Sharing ' � increases 9% reduction in State Sales Tax f10% annual increase in benefit costs 2% Utility Sales Tax sunsets April 2009 Reduction in Capital Improvement $1.2M loss annually Project funding Projected 100 SFR permits issued; a Annual funding of CARF reduction of 150 permits Departmental budgets remain flat to FY p g 111 09 levels { 1/28/2009 Minutes, Town Council Study Session -4 Projected Revenue $26.7M Expenditures $30.9M It was noted that the annual funding for CARF was $500,000. Ms. Lemos presented the recommendations for Deficit Reductions in the General Fund: • Defer capital funding • Use of Bed Tax revenue • Renewal or increase of 2% utility sales tax • Residential/Commercial rental tax • 1/4 cent rate increase to local sales tax • Eliminate Community funding • Program/Service level reductions • Staffing level evaluations Town wide It was noted that any vote by Council to extend the Utility tax must happen prior to April 1, 2009 and it would not require a public hearing unless the tax were to lapse. It was further noted that should Council choose to renew the tax, it would add $300,000 to fourth quarter revenues. Ms. Lemos stated that revenue enhancement options coupled with expenditure reductions were recommended for financial sustainability due to the projected trend of declining revenue. Ms. Lemos explained the Highway fund assumptions: REVENUE EXPENDITURES t S ,«,...,.. ..... .:..,....«:..w,.,,w...,.,.�........:.......«..,,,,,...«,...,,...:::.,.,..:::..,:.:,�.,..,•+.««,.,,..,:.,,,«,.::...,.«....,...«....,,:..,,,..,,...««.::.,«,•.:.,.w::....::::......,,..«•:.,.,•.,,w•M.«,...:...,..,.,,,,,.««�..:,.•..,.....,«,•:...,.:......,,«...•:,,.:w.,,.w.:.«•.,v..•....,,•..«•,.,..«..«,..««,,.:::.,..«.,«..:.:.«•:.....,,+.,«.......,..•....«......,,,w::,.:.�..,...::....:.,«,.......•..«•«,....,•.,,w,•::.,.•:.«:...,.«,•.,•.......::•.,,...,,...«,..«.««.«,.H..,,,.....::.,•,w.,:.«.:»....«•.,«...«,«.n,:.«,«.:..:..««..:.•......,...,,.•.,,...«.,:.«....:..«k Revenuerojected to decline 19% for I p No newersonnel FY 2010 due to: ! p 'Considerable slow down in No cost of living adjustment, merit, market adjustments or STEP plan development activity !increases 1—Uncertainty of State shared Highway 1o 110 /o annual increase in benefit costs User Taxes Roadway maintenance budget of $1.2M t 2 She stated that revenues were projected to be $4.2M with expenditures in the amount of $5.2M. She recommended the following deficit reduction options for the Highway Fund: • Additional revenue sources • Program/Service level reductions • Funding for pavement presentation Ms. Lemos explained the Bed Tax fund assumptions: REVENUE ;EXPENDITURES Revenue projected to decline slightly: Economic Development continues to411 1/28/2009 Minutes, Town Council Study Session 5 ,..��w...�. :n....x::::.x......M......x�....�..:.....:..w....x:.x..nw........,m._...�w...:_..x. ......_.x......... ..w.:.::MMm.,......�...�x.n . .�x�:.....:._.,s....x_...�.. w..M.w...n:...._m_.�..w.n......... ...w..........:.:.,....p............n..xnxa.... receive 2% allocation from tax Hilton El Conquistador continues to., —Existing hotel revenue to decline 2% receive 2% rebate on their annual sales with the agreement to expire FY 2010/11 :Full year operation of hotel at Steam Pump Village yna.•,.ax.:x.•.vwwv:....wnxxw,.xa..:.wnwaa•x,.••.uw::.w.xx...::..,w..v.,.w•wvnv....xvun.axx.vn:avwxxrmuuw.rwaaw.vn.,.m,«:,w.uuvrw•.••rwn•.vvr..vwv..a•.vwwx:rrxnnnwwae...vwnay.:.v.,vrmvww.•m.vv.wuwxw.xwwwwaua�xwxrvnarx..nnw•vaw+:n,xxuuwv.w.aw.vwax.vnw.•.w..:.•n.:nawnxrw�r�•.a..xw»xw.wruuwntw.aw.wvrw•..axrnvwvwnw»»..xw.wnvvwa...vx.....nvx...w.:...vvwvwwx..v.v..•,rw..mwvvw•..rawmra•...nmwuw...m.•rx+a..r Projected revenue $1.2M Expenditures $.8M She stated that continued surpluses were anticipated. Staff requested direction from Council regarding the following: • Reconsideration of the 2% utility sales tax • Preference on options for future fund deficits • Type of budget information requested • Saturday overview budget session • Further direction/requests of Council Ms. Lemos stated that the Finance department is working to prepare a five year balanced budget plan. The 2% allocation of the Bed Tax fund is allotted as follows: • Metropolitan Tucson Convention and Visitor's Bureau 4111 o Budgeted $120,000 for this year • Tucson Regional Economic Opportunities (TREO) o Budgeted $50,000 for this year • Critical Path Institute (CPATH) o Budgeted $25,000 for t+his year • Local budget for Economic Development marketing efforts o Budgeted $60,000 for this year It was noted that State revenues were at a 14% decline this year and a 9% reduction was anticipated for next year. Vice Mayor Carter requested cost amounts for the following: • Visa • Publications • Surveys • Management studies • Retreats • Cell phones for individual employees He stated that he wanted every item reviewed. Mayor Loomis stated that the department heads need to review programs in- depth. Council Member Kunisch requested that: 1/28/2009 Minutes, Town Council Study Session 46 • All departments review work loads o A reduction in work load could indicate that a reduction in the department may be warranted • Review community funding • The Utility tax be addressed • Reconsider Town vehicles going home with employees. • Out of state travel be discontinued It was noted that: • Utility sales tax percentages in surrounding jurisdictions averaged 2% o However the franchise agreements call for fees that collect an additional 2-4% • Rental taxes were common taxes among other jurisdictions in Arizona Mayor Loomis called for a recess at 6:48 p.m. The meeting resumed at 6:57 p.m. 3. Economic Development Incentive Policy Guidelines Economic Development Specialist Amanda Jacobs introduced the item stating that the goal of the policy was to encourage professional level employment in the Town of Oro Valley. She stated that the targeted industries were: • High tech/Bio tech • Tourism/Resort/Convention facilities • Hospitals/Medical facilities Ms. Jacobs noted that the industries were consistent with the Town's General Plan and the Community Economic Development Strategy. She noted that the targeted development criteria as: • Business attraction/expansion projects that add a minimum of twenty quality jobs o She defined a "quality job" as: ■ Pays 10% above the Oro Valley median wage rate (Currently $68,900) • Employer offers full employee benefits to include: o Employer paid medical benefits o Vacation o Sick pay • Business attraction projects that bring a needed or unique product or service to the Town creating jobs and significant sales tax revenues • Recreation or tourism development projects which add needed recreational amenities for residents and visitors Ms. Jacobs explained the possible incentives: • Fast tracking o The Economic Development division would create project teams to assist the applicant through the review process 128/2009 Minutes, Town Council Study Session 7 • Project teams would include representatives from all 4110 departments o Expedited plan check for non complex facilities • The number of days for review would be reduced from 20 to 12 days • Job credits - in order to qualify an employer must agree to: o Create and maintain a minimum of twenty full time new jobs • The employer will receive $1 ,000 per employee that lives in the Town • The employer will receive the credit after the employee has been with the company for 1 year Discussion ensued regarding: • This item should be delayed due to current economic conditions • Fast tracking is legal • Incentives would be more palatable if the Town received a direct benefit from developers such as improvements to or creation of infrastructure Building Safety Director Suzanne Smith informed Council that in the Building Safety department requires that the developer must pay twice the usual fee in order to fast track or expedite the permit process Discussion clarified the following: • Fees would not be waived in this policy • The "Shovel Ready" program was put forth by TREO o Businesses were looking elsewhere to establish their business due to: • The amount of time to begin building • The amount of time to acquire permits to improve existing building It was noted that the following items would need to be addressed should a policy move forward: 1. Job credits - need to define type of industry 2. Identify the source of funds 3. Research whether there would be a requirement for an economic impact review 4. Time requirements, if applicable - establish allowable maximums Discussion noted that: • Incentives should not be limited to the type of industry but rather to professional level jobs • The median wage rate will be researched • Address the intangible benefit of education o Important to work closely with Amphitheater School District as educational needs have been listed as a priority prerequisite for employers to move here • The statistic was found in a survey conducted by TREO 411, • A cap on infrastructure benefits would need to be established 1/28/2009 Minutes, Town Council Study Session o Possibly develop an account to support this. • Per State ruling, municipal funds cannot be used for schools Council consensus was to identify changes that may be needed; however, due to the current economy, the item was tabled. ADJOURNMENT MOTION: A motion was made by Vice Mayor Carter and seconded by Council Member Kunisch to adjourn at 7:41 p.m. MOTION carried, 7-0. Prepared by: Christina Pickering Senior Office Specialist B ..I , 0) 0, . � 1 O I O k ic, c I 1 I I 1 c 1 1 I 1 { 7 Ico (/) <A (A (A Q) t ?.4, cn C) rn . 0 \Ifi.a• I . 0) o 0) o r C a. -,,,I ,1 , 1 I . 1C 9 t = 1 I 1 1 1 +� - 1 I I 1 i.1 ! U W Eft <A Ef) EA Q) Ci_ 0 `r71 Cr) .0 0 0) 0 > O I ` i �, O • co ^ 1 I I I 1 1 2 .2. ► ► I I G nEA- EA EA 69- Q) a 0o Q) i Ca L- O ;#< a 1 �- ' a 0 1 1 1 1 1 1 a L I I I i Q Q C I �l C { ti Cs� 2 I 0 �ti_ ;� I cv EA (A (A Ef) o) I Cn O CC O O o { I 7,, O I .D O i �` f I 2s2 I I I I 1 2 2 ii I 1 I I I _ LL C) Q i L1. ID i >,I EA <A Eft <A l I Q O I C) vi i;,r y, i , i o 0 N C.D C) i~ N 0 N 't N- (N CO + c t •N N N- CV CO C0 Q s L.L. 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Cr) CO N i- LU O � i to � S (1) Cl Q C3) �- co N Q ti' d' M O o } i 1i • I M i co Eft EA Eft Ef}Eft U ( O 00 0 N N N `_ N I M 6) 00 01 CO `' o 1 O N CD O N CO ^ D 9 Cr) ,_ CO CV „,, 0), ta: �' o Imo- �- '� r- ( < C?) t3) (3) lf) '- Q C ”) CO r-- co i -) C3) 0) 0) L o LU Co C 3 N N N Q i <A Eft EA E/3 Eft Q) 1 I r- co -o , ch , ' Co i N 9 ` o F != --) Nin c •c C co --) o L, 0 a) o t I { C c a o i o c = i a o a) G) W .0 a I O - cn c) 0 0 0 - X a� Q cv _ 0 = o (13 CV cp o o� I ..0 W W O v W 0 0 0 0 C c/1 to I--- 4. d. - o _ ' ilisiov, _ 0 0 0 0 L 0 ''� o 0 0 O O M M O 0 O Q p M F- TOWN OF ORO VALLEY Page 1 of 1 tor COUNCIL COMMUNICATION MEETING DATE: February 18, 2009 TO: HONORABLE MAYOR& COUNCIL FROM: Amanda Jacobs, Economic Development Specialist SUBJECT: Economic Development Division Monthly Report SUMMARY: Attached is a status report from January 1, 2009—January 31, 2009. ATTACHMENTS: 1. 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SHARP ' LANDED 19 CHIEF OF POLICE t MEMORANDUM TO: Honorable Mayor Paul Loomis & Oro Valley Council Members FROM: Chief Daniel G. Sharp REF: December 2008 Statistics DATE: January 12, 2009 Please find attached the captured statistics for the Oro Valley Police Department for December 2008 plus Citation/Warning totals for the previous month. Also included are the response times C.,, for dispatched priority 1-4 calls and a historical review of the past 3 years of statistics for the month captured. kriliw. 11000 N. La Canada Drive • Oro Valley,AZ 85737 Phone 520-229-4900 • Fax 520-229-4979 • www.ovpd.org co' in co d., co co di O O O CN c0 r-+ cn N N- --1CI) co c co co O c0 co U d4 N r-+ C) cm C) d' cI O co * d' -:t, L C) --+ r-4 Co co LT- „--i, ,--i N CO r-+ '-i co fit' co,_, N- ---4 . . 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',:g4 3� a > cd `= a 1-- 0 `2s y r Q H H H H ,IA-1-4.7N4 �/ • TOWN OF ORO VALLEY Page 1 of 2 tir7OUNCIL COMMUNICATION MEETING DATE: February 18, 2009 TO: HONORABLE MAYOR AND COUNCIL FROM: DANIEL G. SHARP, CHIEF OF POLICE SUBJECT: RESOLUTION NO. (R) 0 909 , APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF ORO VALLEY AND THE DRUG ENFORCEMENT ADMINISTRATION FOR PARTICIPATION IN THE DEA TACTICAL DIVERSION SQUAD TASK FORCE. SUMMARY: The Town of Oro Valley Police Department wishes to enter into an Intergovernmental Agreement with the Drug Enforcement Administration (hereinafter "DEA"). This agreement will allow the Town of Oro Valley Police Department to provide one officer to participate in the DEA Tactical Diversion Squad Task Force. The Tactical Diversion Squad Program was approved by Acting DEA Administrator Michele Leonhart and will provide funding to establish Tactical Diversion Squads in each of the DEA's 19 Domestic Divisions. The Tactical Diversion Squad's mission will be to investigate suspected violations of the Controlled Substance Act and other appropriate Federal or State statutes pertaining to diversion schemes (e.g., "doctor shopping", prescription forgery, and prevalent retail-level violators) of controlled pharmaceuticals and chemicals impacting rizona. These unique groups will combine the resources of the DEA (both Special Agent and Diversion ftifivestigators) with State, Local, and Tribal agencies in an innovative effort to investigate, disrupt, and dismantle those individuals and organizations involved in diversion schemes. With the current Intergovernmental Agreement proposal the DEA will reimburse the Town of Oro Valley one-hundred percent of payroll expenses for the officer assigned including salary, benefits, and overtime for Tactical Diversion Task Force related activities. The DEA will supply the vehicle for the assigned member and assume all vehicle related expenses. Moreover, the DEA will provide for office space, office supplies, travel funds, funds for the purchase of evidence and information, investigative equipment, training, and other support items, as available Diversion Control Fee Account funds permit. Entering into this agreement will allow the Oro Valley Police Department to have direct access to DEA resources through the assigned member. Pharmaceutical drug abuse has become a rapidly growing trend in Arizona's youth, impacting our cities and towns, including Oro Valley. A survey conducted by the White House's Office of National Drug Control Policy (ONDCP) on pharmaceutical drug use among Arizona 8th Graders through High School shows that pharmaceutical drug use among Arizona teens is second only to Marijuana. We believe that our ability to intervene and prevent diversion schemes related to illegal pharmaceutical drug distribution will be enhanced by the participation of an officer of the Oro Valley Police Department in the DEA Tactical Diversion Squad Task Force. FISCAL IMPACT: There is no fiscal impact to the Town. The DEA will reimburse all of the assigned police officer's payroll penses including salary, benefits, and shift pay. Overtime for DEA Tactical Diversion Squad related TOWN OF ORO VALLEY Page 2 of 2 COUNCIL COMMUNICATION MEETING DATE: February 18, 200° viOP activities will be funded to the sum equivalent to twenty-five percent of the salary of a GS-12, step 1, Federal employee, currently 16,328.75 per officer. The DEA will provide for all employee related expenses to include employer workman's compensation and social security at established rates and vacation and sick leave taken while working for the DEA Tactical Diversion Squad. Continuing annual costs in future fiscal years is estimated to be $0, as there is no associated hiring cost for this position. The police department currently has a Reserve Officer ready to fill a full-time position; this presents a unique opportunity to add this officer through an internal process. This would eliminate any costs associated with hiring, background testing, and equipment that would be needed for a newly hired police officer. The vacancy created by filling this task force position will remain unfilled until the hiring- freeze is lifted. Should the IGA with DEA be terminated for any reason, the police department will eliminate the position through attrition. ATTACHMENTS: 1. Resolution No. (R) 0 9--09 Approving An Intergovernmental Agreement Between The Town Of Oro Valley And The Drug Enforcement Administration For Participation In The DEA Tactical Diversion Squad Task Force 2. Original State of Arizona, United States Department of Justice, Drug Enforcement Administration Tactical Diversion Squad Task Force Intergovernmental Agreement RECOMMENDATION: Acceptance is recommended. SUGGESTED MOTION: I move to approve Resolution No. (R) 0 9-09 Approving An Intergovernmental Agreement Between The Town Of Oro Valley And The Drug Enforcement Administration For Participation In The DEA Tactical Diversion Squad Task Force. OR I move to deny Resolution No. (R) 0 9-09 Approving An Intergovernmental Agreement Between The Town Of Oro Valley And The Drug Enforcement Administration For Participation In The DEA Tactical Diversion Squad Task Force. t ‘r r 1 4144 Da 'el G. Sharp; hief►f Police Ailbil CrY\fAl/t - David Andrews, Town Manager RESOLUTION NO. (R) 09- 09 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, AUTHORIZING AND APPROVING A TACTICAL DIVERSION TASK FORCE AGREEMENT BETWEEN THE DRUG ENFORCEMENT ADMINISTRATION AND THE TOWN OF ORO VALLEY FOR THE PARTICIPATION OF AN ORO VALLEY POLICE OFFICER IN THE DEA TACTICAL DIVERSION SQUAD TASK FORCE 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 of Oro Valley is authorized to enter into agreements for joint and cooperative action to include the Agreement, attached hereto as Exhibit"A",with the Drug Enforcement Administration(DEA); and WHEREAS, the Town of Oro Valley is authorized to establish and maintain the Oro Valley Police Department, pursuant to A.R.S. § 9-240 (B)(12); and WHEREAS, the Town wishes to enter into a Tactical Diversion Task Force Agreement with the DEA to assist the DEA in controlling unlawful pharmaceuticals and/or listed chemicals and related illegal activity detrimental to the health and general welfare of the residents of the Town and the State of Arizona; and WHEREAS, it is in the best interest of the Town of Oro Valley to enter into the Tactical Diversion Task Force Agreement, attached hereto as Exhibit "A" and incorporated herein by reference, in order to set forth the terms and conditions to provide for the health, safety and welfare of the residents of the Town of Oro Valley and the State of Arizona. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Oro Valley, that: SECTION 1. the Tactical Diversion Task Force Agreement, attached hereto as Exhibit "A", between the Drug Enforcement Administration and the Town of Oro Valley for participation of an Oro Valley Police Officer in the DEA Tactical Diversion Squad Task Force is hereby approved. SECTION 2. the Chief of Police and other administrative officials of the Town of Oro Valley are hereby authorized to take such steps as necessary to execute and implement the terms of the Agreement. \\Legal\sharefiles\Police\Contracts\Tactical Diversion Task Force Agreement\resolution.doc Town of Oro Valley Attorney's Office/ca/121609 PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona this 18th day of February , 2009. Nod TOWN OF ORO VALLEY Paul H. Loomis, Mayor ATTEST: APPROVED AS TO FORM: Kathryn E. Cuvelier, Town Clerk Tobin Rosen, Town Attorney Date: Date: \\Legal\sharefiles\Police\Contracts\Tactical Diversion Task Force Agreement\resolution.doc Town of Oro Valley Attorney's Office/ca/121609 \\L.egal\sharefiles\Police\Contracts\Tactical Diversion Task Force Agreement\resolution.doc Town of Oro Valley Attorney's Office/ca/121609 TACTICAL DIVERSION TASK FORCE AGREEMENT BETWEEN DRUG ENFORCEMENT ADMINISTRATION AND ORO VALLEY POLICE DEPARTMENT This agreement is made this day of , 2009,between the United States Department of Justice, Drug Enforcement Administration (hereinafter "DEA"), and the Oro Valley Police Department (hereinafter "OVPD"). WHEREAS there is evidence that trafficking in controlled substance pharmaceuticals and/or listed chemicals exists in the area and that such illegal activity has a substantial and detrimental effect on the health and general welfare of the people of the State of Arizona, the parties hereto agree to the following: 1. The DEA Tactical Diversion Squad Task Force will perform the activities and duties described below: a. Investigate, disrupt and dismantle individuals and/or organizations involved in diversion schemes (e.g., "doctor shopping", prescription forgery, and prevalent retail-level violators) of controlled pharmaceuticals and/or listed chemicals in the State of Arizona area; b. Investigate, gather and report intelligence data relating to trafficking of controlled pharmaceuticals and/or listed chemicals; and c. Conduct undercover operations where appropriate and engage in other traditional methods of investigation in order that the Task Force's activities will result in effective prosecution before the courts of the United States and the State of Arizona. 2. To accomplish the objectives of the DEA Tactical Diversion Squad Task Force, the OVPD agrees to detail one (1) experienced officer to the DEA Tactical Diversion Squad Task Force for a period of not less than two years. During this period of assignment, the OVPD officer will be under the direct supervision and control of a DEA supervisory Special Agent assigned to the Task Force. 3. The OVPD officer assigned to the Task Force shall adhere to DEA policies and procedures. Failure to adhere to DEA policies and procedures shall be grounds for dismissal from the Task Force. 4. The OVPD officer assigned to the Task Force shall be deputized as a Task Force Officer of DEA pursuant to 21 U.S.C. 878. 5. To accomplish the objectives of the DEA Tactical Diversion Squad Task Force, DEA will assign two Special Agents and Diversion Investigators to the Task Force. DEA will also, subject to the availability of annual Diversion Control Fee Account (DCFA) funds or any continuing resolution thereof, provide necessary funds, vehicles, and equipment to support the activities of the DEA Special Agents and officers assigned to the Task Force. This support will include: 41110, 2009 Oro Valley PD DEA TDS MOU 1 vehicles, office space, office supplies, travel funds, funds for the purchase of evidence and information, investigative equipment, training, and other support items, as available DCFA funds permit. Task Force Officers must record their work hours via DEA's activity reporting system. 6. During the period of assignment to the DEA Tactical Diversion Squad Task Force, the OVPD will be responsible for establishing the salary and benefits, including overtime, of the officers assigned to the Task Force, and for making all payments due them. DEA will, subject to availability of funds, reimburse the agency/department for overtime payments made by it to the OVPD officer assigned to the DEA Tactical Diversion Squad Task Force for overtime, up to a sum equivalent to 25 percent of the salary of a GS-12, step 1, (RUS) Federal employee (currently $16,328.75), per officer. 7. In no event will the OVPD charge any indirect cost rate to DEA for the administration or implementation of this agreement. 8. The OVPD shall maintain on a current basis complete and accurate records and accounts of all obligations and expenditures of funds under this agreement in accordance with generally accepted accounting principles and instructions provided by DEA to facilitate on-site inspection and auditing of such records and accounts. 9. The OVPD shall permit and have readily available for examination and auditing by DEA, the United States Department of Justice, the Comptroller General of the United States, and any of their duly authorized agents and representatives, any and all records, documents, accounts, invoices, receipts or expenditures relating to this agreement. The OVPD shall maintain all such reports and records until all audits and examinations are completed and resolved, or for a period of three (3) years after termination of this agreement, whichever is sooner. Ns) 10. The OVPD shall comply with Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, as amended, and all requirements imposed by or pursuant to the regulations of the United States Department of Justice implementing those laws, 28 C.F.R. Part 42, Subparts C, F, G, H and I. 11. The OVPD agrees that an authorized officer or employee will execute and return to DEA the attached OJP Form 4061/6, Certification Regarding Lobbying; Debarment, Suspension and Other Responsibility Matters; and Drug-Free Workplace Requirements. The OVPD acknowledges that this agreement will not take effect and no Federal funds will be awarded to the OVPD by DEA until the completed certification is received. 12. When issuing statements,press releases, requests for proposals, bid solicitations, and other documents describing projects or programs funded in whole or in part with Federal money, the OVPD shall clearly state: (1) the percentage of the total cost of the program or project which will be financed with Federal money and (2) the dollar amount of Federal funds for the project or program. 13. The term of this agreement shall be from the date of signature by representatives of both parties for a period of one year. This agreement may be terminated by either party on thirty days' advance written notice. Billings for all outstanding obligations must be received by DEA within 90 days of the date of termination of this agreement. DEA will be responsible only for obligations incurred by OVPD during the term of this agreement. 'mod 2009 Oro Valley PD DEA TDS MOU 2 For the Drug Enforcement Administration: Date: ELIZABETH W. KEMPSHALL Special Agent in Charge For the Town of Oro Valley: DANIEL G. SHARP Police Chief ATTEST: APPROVED AS TO FORM: Kathryn E. Cuvelier, Town Clerk Tobin Rosen, Town Attorney Date: Date: 1• 7 U.S. DEPARTMENT OF JUSTICE W} OFFICE OF JUSTICE PROGRAMS OFFICE OF THE COMPTROLLER CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS; AND DRUG-FREE WORKPLACE REQUIREMENTS Applicants should refer to the regulations cited below to determine the certification to which they are required to attest. Applicants should also review the instructions for certification included in the regulations before completingthis from. Signature of this form provides for compliance with certification requirements q sunder 28 CFR Part 69, "New Restrictions on Lobbying" and 28 CFR Part 67, "Government-wide Department and Suspension (Non rocurement and p ) Government-wide Requirements for Drug-Free Workplace (Grants)." The certifications shall be treated as a material representation of fact upon reliance will be placed when the Department of Justice determines to award the covered transaction, grant, or cooperative agreement. 1. LOBBYING public State, or local)(Federal, transaction or contract under a public transaction; violation of Federal or State antitrust As required by Section 1352, Title 31 of the U.S. Code, and statutes or commission of embezzlement, theft, forgery, implemented at 28 CFR Part 69, forpersons entering_ into a bribery, falsification or destruction of records, makingfalse grant or cooperative agreement over '100,000, as deined at stat 28 CFR Part 69, the applicant certifies that: statements,or receiving stolen property; No Federal appropriate (c) Are not presently indicted for or otherwise criminally or (a) funds have been paid or will be civillycharged by a governmental entit (Federal, State, or paid, by or on behalf of the undersigned, to anyperson for in- y local) with commission of anyof the offenses enumerated in fluencing or attemptingto influence an officer or employee of i paragraph(1)(b)of this certification;and any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in con- (d) Have not within a three-year period preceding this applica- nection with the making of any Federal grant, the entering into tion had one or more public transactions (Federal, State, or of any cooperative agreement, and extension, continuation, local)terminated for cause or default;and renewal, amendment, or modification of any Federal grant or cooperative agreement; B. Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach an (b) If any funds other than Federal appropriated funds have explanation to this application. been paid or will be paid to any person for influencing or at- tempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or 3. DRUG-FREE WORKPLACE an employee of a Member of Congress in connection with this (GRANTEES OTHER THAN INDIVIDUALS) Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure of As required by the Drug-Free Workplace Act of 1988, and Lobbying Activities,"in accordance with its instructions; implemented at 28 CFR Part 67, Subpart F, forrantees as defined at 28 CFR Part 67 Sections 67.615 and 7.620- (c) The undersigned shall require that the language of this cer- tification be included in the award documents for all subawards A. Thea applicant certifies at all tiers (including subgrants, contracts under grants and pp that it will or will continue to provide a drug-free workplace by: cooperative agreements, and subcontracts) and that all sub- recipients shall certify and disclose accordingly. (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's 2. DEBARMENT SUSPENSION,AND OTHER workplace and specifying the actions that will be taken against RESPONSIBILITY MATTERS employees for violation of such prohibition; (DIRECT RECIPIENT) (b) Establishing an on-going drug-free awareness program to As required by Executive Order 12549, Debarment and inform employees about- Suspension, and implemented at 28 CFR Prt 67, for prospec- tive participants in primary covered transactions, as defined at (1) The dangers of drugs abuse in the workplace; 28 CFR Part 67, Section 67.510- A. The applicant certifies that it and its principals: (2) The grantee's policy of maintaining a drug-free workplace; (3) Any available drug counseling, rehabilitation, and employee (a) Are not presently debarred, suspended, proposed for debar- assistance programs; and ment, declared ineligible sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded (4) The penalties that may be imposed upon employees for from covered transactions by any Federal department drug abuse violations occurring in the workplace; or agency; (c) Making it a requirement that each employee to be engaged (b) Have not within a three-year period preceding this applica- in the performance of the grant be given a copy of the state- tion been convicted of or had a civil judgment rendered against ment required by paragraph(a); them for commission of fraud or a criminal offense in connec- tion with obtaining,attempting to obtain, or performing a (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant-,the employee will- OJP FORM 4061/6(3-91)REPLACES OJP FORMS 4061/2,4062/3 AND 4061/4 WHICH ARE OBSOLETE. mwr. (1) Abide by the terms of the statement; and DEA Offices in Tucson, Arizona (2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; (e) Notifying the agency, in writing, within 10 calendar days after receivingnotice under subparagraph (d)(2) from an Check [I] if there are workplace on file that are not identified employee or therwise receivingactual notice of)such convic- here. ion. Employers of convicted mployees must provide notice, including poition title, to: Department of Justice, Office of Section 67, 630 of the regulations provides that a grantee that Justice Programs, ATTN: Control Desk, 633 Indiana Avenue, is a State may elect to make one certification in each Federal N.W. Washington, D.C. 20531. Notice shall include the Iden- fiscal year. A copy of which should be included with each ap- tification number(s)of each affected grant; plication for Department of Justice funding. States and State agencies may elect to use OJP Form 4061/7. (f) Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (d)(2), with Check ❑ if the State has elected to complete OJP Form respect to any employee who is so convicted- 4061/7. (1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the DRUG-FREE WORKPLACE requirements of the Rehabilitation Act of 1973, as amended;or (GRANTEES WHO ARE INDIVIDUALS) (2) Requiring such employee to participate satisfactorily in a As required by the Drug-Free Workplace Act of 1988, and drug abuse assistance or rehabilitation program approved for implemented at 28 CFR-Part 67, Subpart F, for grantees, as suchur oses bya Federal, State, or local health, law enforce- defined at 28 CFR Part 67; Sections 67.615 and 67.620- ment,or other appropriate agency; A. As a condition of the grant, I certify that I will not engage (g) Making a good faith effort to continue to maintain a drug- in the unlawful manufacture, distribution, dispensing, posses- free workplace through implementation of paragraphs (a), (b), sion, or use of a controlled substance in condition any (c), (d), (e), and (f). activity with the grant;and B. The grantee may insert in the space provided below the B. If convinced of a criminal drug offense resulting from a sites for the performance of work done in connection with violation occurring during the conduct of anygrant activity, I the site( )specificgrant: will report the conviction, in writing, within 10 calendar days p of the conviction, to: Department of Justice, Office of Justice Place of Performance (Street address, city, country, state, zip Programs, ATTN: Control Desk, 633 Indiana Avenue, N.W., code) Washington, D.C. 20531. As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above certifications. 1. Grantee Name and Address: ORO VALLEY POLICE DEPARTMENT 11000 North LaCanada Drive Oro Valley, Arizona 85737 2. Application Number and/or Project Name 3. Grantee IRSNendor Number DANNY SHARP, CHIEF 4. Typed Name and Title of Authorized Representative 5. Signature 6. Date f • TOWN OF ORO VALLEY Page 1 of 2 COUNCIL COMMUNICATION MEETING DATE: 02/18/09 TO: HONORABLE MAYOR AND COUNCIL FROM: TORY SCHLIEVERT, MANAGEMENT ASSISTANT SUBJECT: RESOLUTION NO (R) 09- 10 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, AUTHORIZING AND EXECUTING A LICENSE AGREEMENT BETWEEN THE TOWN OF ORO VALLEY AND THE ORO VALLEY HISTORICAL SOCIETY TO ALLOW FOR THE PLANTING, CULTIVATING AND MAINTENANCE OF NATIVE AMERICAN AND PIONEER GARDENS AND TO PERMIT GUIDED SITE TOURS ON THE SITE KNOWN AS STEAM PUMP RANCH SUMMARY: The Oro Valley Historical Society (OVHS) has asked that they be given permission to recreate a Native American garden and a Pioneer garden from Arizona's Territorial period (1834-1912) on the Steam Pump Ranch site. The proposed historic gardens would be created using researched plot plans and heirloom seeds typical of the period. This use is consistent with the Steam Pump Ranch Master Plan which includes a community garden element. \t the request of Council Members Latas and Garner, staff has worked with the OVHS to draft a license 4iwrgreement for Council review. Per the agreement, OVHS will be responsible for conducting a soil analysis and correcting any deficiencies found, installing an irrigation system, constructing a rainwater harvesting system, planting the appropriate seeds, and maintaining the gardens year round. The Town will provide access to the site, an equipment storage area and water for the irrigation system. In addition, OVHS has asked for permission to conduct one guided tour per month of the Steam Pump Ranch site. The license agreement has been written to allow for this use only once permission has been gained from the Town, in the event that the site is unsuitable for visitors, the OVHS will be given an alternative date to conduct their tour. Should this licensing agreement be approved, OVHS will be given immediate access to the site to begin preparation for the garden project and tours. ATTACHMENTS 1. Resolution (R) 09 - 10 A Resolution of the Mayor and Council of the Town of Oro Valley,Arizona, authorizing and executing a license agreement between the Town of Oro Valley and the Oro Valley Historical Society to allow for the planting, cultivating and maintenance of Native American and Pioneer Gardens and to permit guided site tours on the site known as Steam Pump Ranch 2. License Agreement between Town of Oro Valley and Oro Valley Historical Society 3. Map of licensed areas on Steam Pump Ranch Site I TOWN OF ORO VALLEY Page 2 of 2 COUNCIL COMMUNICATION MEETING DATE: 02/18/09 ...ad SUGGESTED MOTIONS The Council may wish to use one of the following motions: I move to approve Resolution (R) 09 - 10 A Resolution of the Mayor and Council of the Town of Oro Valley, Arizona, authorizing and executing a license agreement between the Town of Oro Valley and the Oro Valley Historical Society to allow for the planting, cultivating and maintenance of Native American and Pioneer Gardens and to permit guided site tours on the site known as Steam Pump Ranch. OR I move to deny I move to approve Resolution (R) 09 - 10 A Resolution of the Mayor and Council of the Town of Oro Valley, Arizona, authorizing and executing a license agreement between the Town of Oro Valley and the Oro Valley Historical Society to allow for the planting, cultivating and maintenance of Native American and Pioneer Gardens and to permit guided site tours on the site known as Steam Pump Ranch. (..,J1 i 1 A Al...4 A 1 NIS) j 44 Tory :I hlievert, Management Assistant didit Ch..0,41‘,,,,, David Andrews, Town Manager RESOLUTION NO. (R)09- 10 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, AUTHORIZING AND EXECUTING A LICENSE AGREEMENT BETWEEN THE TOWN OF ORO VALLEY AND THE ORO VALLEY HISTORICAL SOCIETY TO ALLOW FOR THE PLANTING, CULTIVATING AND MAINTENANCE OF NATIVE AMERICAN AND PIONEER GARDENS AND TO PERMIT GUIDED SITE TOURS ON THE SITE KNOWN AS STEAM PUMP RANCH WHEREAS, The Town of Oro Valley is a municipal corporation within the State of Arizona and is vested with all the rights, privileges and benefits and entitled to the immunities and exemptions granted to municipalities and political subdivisions under the Laws of the State of Arizona; and WHEREAS, in 2007 the Town completed the acquisition of property known as Steam Pump Ranch in order to preserve the historical integrity of the site; and WHEREAS, the Oro Valley Historical Society is dedicated to the preservation of the cultural and historical identity of the Town and to the education of the public regarding the same; and WHEREAS, the planting of Native American and Pioneer Gardens and providing site tours for the public are activities consistent with the Town's adopted Master Plan for Steam Pump Ranch. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Oro Valley, Arizona, that the License Agreement between the Town of Oro Valley and the Oro Valley Historical Society, attached hereto as Exhibit "A" and incorporated herein by this reference, is hereby approved. BE IT FURTHER RESOLVED that the that 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 Agreement. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona this 18th day of February , 2009. TOWN OF ORO VALLEY Paul H. Loomis, Mayor tior F:\Tory\Steam Pump Gardens\resolution 09 version-final.doe Town of Oro Valley Attorney's Office/arm/110308 � s ATTEST: ,40101 Kathryn E. Cuvelier, Town Clerk APPROVED AS TO FORM: Tobin Rosen, Town Attorney Date: Ni) F:\Tory\Steam Pump Gardens\resolution 09 version-final.doc Town of Oro Valley Attorney's Office/arm/110308 LICENSE THIS LICENSE AGREEMENT is made between the Town of Oro Valley,Arizona, a municipal corporation ("Town") and the Oro Valley Historical Society ("Licensee"). The parties agree as follows: 1. Grant of Permission. In consideration of fulfillment of the promises contained herein, the Town hereby gives non-exclusive permission, revocable and terminable as provided herein, to Licensee and its members and guests to enter and remain on that portion of Town's property described as Steam Pump Ranch for the purpose of planting, cultivating, harvesting and maintaining Native American and Pioneer Gardens and providing tours of the grounds, excluding any access to buildings on site unless otherwise indicated herein (Licensed Activities). This License Agreement entitles Licensee to enter and utilize those areas depicted in Exhibit"A" (Licensed Areas) for the Native American and Pioneer Gardens and the storage of attendant equipment, and to provide site tours for the public as described below. The proposed Licensed Activities are consistent with the historical significance of the property, the approved Master Plan, and the mission and purpose of the Licensee. 2. Site Access. Access to the Licensed Areas shall be granted through the southern entry gate which is secured by a touchpad controlled lock. The President and Project Volunteer (her Coordinator and two OVHS Board members identified by the President for Licensee shall be given the access code upon the stipulation that at least one of the four(4) OVHS members with touchpad access must be present at all times when Licensed Activities are performed. No other members of the Licensee's organization or volunteers shall be given the access code or permitted on site without the aforementioned OVHS members. 3. Site Tours. Licensee may conduct one (1) site tour of the grounds per calendar month for the duration of this Agreement. It shall be Licensee's responsibility to schedule each site tour and provide supervision and guides for each tour. Licensee shall notify the Town Manager, or designee, by telephone no less than seven (7) days prior to each scheduled tour to obtain clearance for the proposed event. Town reserves the right to deny access for a specific tour date and time or to place reasonable restrictions on the scope of a site tour dependant upon, but not limited to, such factors as safety conditions on site and conflicts with scheduled construction and/or maintenance. Town agrees that permission to conduct site tours shall not be unreasonably withheld or restricted. 4. Pioneer Garden. The Parties contemplate that the Licensed Activities shall be commenced in phases dependant on funding. To that end, although designated as a Licensed Area for the purposes of this Agreement, Licensee agrees to obtain permission from the Town Manager prior to beginning work on the Pioneer Garden. 5. Protection of Historically, Archeologically and Culturally Significant Areas. Licensee hereby agrees to exercise due care in performing the Licensed Activities, paying special :....J:::J..... ..:'JY'..:iisst,,::J...t.. attention to the historically and culturally sensitive nature of the Steam Pump Ranch Site. If in the course of performing any Licensed Activities Licensee uncovers any archeologically, historically or culturally significant artifacts, Town shall be immediately notified and all Licensed Activities shall cease in the Licensed Areas. The parties may agree to re-designate the Licensed Areas in the event the discovery of archeological, historical and/or cultural resources renders the current site unusable. 6. Costs. All costs associated with the Licensed Activities shall be at the sole expense of Licensee, with the exception of the cost of water for irrigation. Town shall make available reasonable water service for the purposes of irrigation. Town, however, bears no responsibility for the use or application of such water service. 7. Privilege Non-Assignable. License privileges hereunder are not assignable to any other individual or organization. 8. Hold Harmless. Licensee assumes full responsibility and liability for any injury or damage to the above described property or to any person while using the above described property caused by or arising out of the exercise of this License. To the fullest extent allowed by law, Licensee indemnifies, defends, and holds harmless the Town, its officers, departments, employees, and agents from and against any and all suits, actions, legal or administrative proceedings, claims, demands, or damages of any kind or nature arising out of this License, which are attributed, in whole or in part to Licensee's use of the property, or to any act or omission of Licensee, its agents, employees, members, guests or anyone acting under its direction, control or on its behalf, whether intentional or negligent in connection with or incident to this License. Licensee's indemnity responsibilities shall not extend to the sole negligence of the Town, its officers, departments, employees and agents. This indemnity is independent of the insurance requirements of Section 4 and shall survive the termination of the License for no more than one (1) year following the termination of the Agreement to the extent that Licensee's actions during the term of this License creates a potential liability on behalf of the Town. 9. Insurance. Prior to operation of any activity pursuant to this license, Licensee shall obtain a Two Million Dollar($2,000,000) general liability insurance policy naming Town as Additional Insured to cover the Licensee's activities within the Town's property. The Town reserves the right to require additional insurance in the Town's sole discretion. The policy shall be maintained throughout the term of this License by Licensee. This License shall automatically terminate if insurance lapses. A certificate of insurance shall be supplied to the Town with the stipulation that the insurance company shall notify the Town in writing of any intent to cancel the liability insurance. This notification shall be required no less than thirty (30) days prior to cancellation and Licensee shall immediately cease operating under this license within thirty (30) days of notification. 10. Property of Licensee. Licensee hereby waives any claims against Town for damages and/or theft caused to the Native American or Pioneer Gardens and/or other property owned by Licensee that remains on the Licensed Areas, including any and all equipment kept in the storage area. Licensee assumes all responsibility for the safekeeping of any of 2 • 1 its property left on site or in the storage area and acknowledges that Town shall not provide any security measures for the site beyond what is currently in place. Additionally, Licensee acknowledges that there may be ongoing maintenance and construction projects on the site that impact the Licensed Areas. Although Town agrees to exercise due care in completing these projects, Licensee hereby agrees to hold harmless Town for any damage resulting from the aforementioned activities. 11. Annual fee. There is no annual fee associated with this license. 12. Permits. This License is not a right-of-way use permit. Following the granting of this License by the Town, Licensee shall obtain all applicable permits, if any, at Licensee's sole expense. 13. Term. This License shall run for a period of three (3) years from the date this License is executed by the Town and may be renewed for additional terms upon agreement of the parties and authorization by the Town Manager on behalf of Town. Notwithstanding any other condition, this License may be terminated by either party prior to expiration or revoked by the Town upon ninety (90) days' written notice to the other. The Town may terminate or revoke by delivering a termination or revocation statement executed by the Town Manager. When this License expires, terminates or is revoked, Licensee shall cease to utilize the property within ninety (90) days. Licensee shall restore the property to the pre-license condition or as may be mutually agreed upon. 14. Licensee has no Interest or Estate. Licensee agrees that it has no claim, interest or estate at any time in the property by virtue of this License or its use hereunder. Upon termination or revocation of this License, Licensee shall have no right of entry upon the property greater than that of the general public. 15. Removal of Equipment. Upon expiration, termination or revocation of this License for any reason, Licensee shall promptly remove all or part of its equipment as required by the Town at Licensee's sole expense and to the satisfaction of the Town. Licensee shall not seek compensation or financial reimbursement for any costs associated with the removal or relocation of the equipment from the Town. In the event any of Licensee's equipment is not promptly removed by Licensee as directed the Town, the Town shall have the right to remove the equipment and Licensee hereby agrees to reimburse the total amount of the Town's costs incurred for the partial or complete removal of the equipment within sixty (60) days of receipt of an invoice from the Town for said costs. In the event Licensee fails to reimburse the Town for the costs of removal within the 60-day period, the Town shall be entitled to the Town's reasonable attorney's fees and interest at the rate established by A.R.S. § 44-1201(A), occurring from the date of costs incurred. 16. Conflict of Interest. This Agreement is subject to A.R.S. § 38-511 which provides for cancellation of contracts by the Town for certain conflicts of interest. 3 • 17. Entire Agreement and Amendments. This Agreement and the attached exhibit constitute the entire agreement between the parties. No change or addition is to be made to this -.0000 Agreement except by a written amendment executed by the Town and Licensee. 18. Notices. Unless provide otherwise, any and all notices required to be given pursuant to this License shall be sent by First Class Mail, postage prepaid, and addressed as follows: If to Town: David Andrews Tobin Rosen Town Manager Town Attorney Town of Oro Valley 11000 N. La Canada Dr. 11000 N. La Canada Dr. Oro Valley, AZ 85737 Oro Valley, AZ 85737 If to Licensee: Board of Directors Oro Valley Historical Society P.O. Box 69754 Oro Valley, AZ 85737 IN WITNESS WHEREOF, the parties hereto have executed this License as of this day of , 2008. 'wad TOWN OF ORO VALLEY (Licensor) Paul H. Loomis, Mayor ATTEST: APPROVED AS TO FORM: Kathryn Cuvelier, Town Clerk Tobin Rosen, Town Attorney Date: Date: 4 ORO VALLEY HISTORICAL SOCIETY (Licensee) %111, Patricia Spoerl, Board President Date: • • 5 ' X\ \ It 1 )>i ' ilit 4 ... As' tr. t N. ♦yam, d< ,„ .„,' .„, ''''. ' , ''''',',;ii,, - ' :Alt...,1..-' . .,,,,,Ifilet,, .1°4\4;',..,,,,, e: . , ' ,.. ,: ---ii '' .. .‘,..,.,,„,:,:--.4*. to,.....;::,7, • -„,-,. ,, ' i ,,:,-;„ . i',,,, ,, ,, ,,„\.-,,,,-, . ,.. ' - 1 ; ,. „,,.., , ,.... T,.--',. 1 c w « iadv. R.��y K .,, , . , -'1 ..,,,,,,,.4,c;,,,,'"..,;. , :„ .'wt's � .: p,_. s`' i. 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',, • e , 1 ' , ..' , ..,:- : i ,1 .._": fr 40 44 77' ' illat ''',', ',' 44 .`:-' * '''',."".. i', 1 , , ' .014, 5,,,,, ;,,..,,, f,..,,..,,., ‘4,.. ,. ,., , , 4,,,, .. . - ..„.:'1. ^ 1,41 L'' ,,..,•:.:,,,,,: ', ti"‘"'---..1 ''''''H-4 . .., A :,.,,,,,,, ir - .-, , , or .....* ,, I, irioi% , 1 ' - .., ,_______, I f , 4 i Zr...,—;' , I.,.. ,g ,,- .47,,,,men,,,,,,,,,—,..,...4, r' ........, ? ‘,,,,, , . ,,,,, .. . ..,„.. - -' a ' ,- . , toir . fix,,,.. Jt { � 'S ;. 1 � , , ,,l,,„..... • r+j t 3N ,y� y 4- Illifik.i. 9 t o �� +p y A,a" w . , a � j t" iii i . . TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: February 18,2009 (kw TO: HONORABLE MAYOR & COUNCIL FROM: Sarah S. More, Planning & Zoning Director SUBJECT: OV12-07-17, The Architecture Company, representing the owner and applicant, requests approval of a development plan for lot 6 of Mercado Del Rio, located off Pusch View Lane directly west of Oracle Road. EXECUTIVE SUMMARY OF APPLICATION: A master development plan and final plat have been previously approved for this site, which consists of 16 commercial lots. Subsequent development plans are required to address the specifics for each lot. The proposed development will consist of an 11,018 square foot two-story office building. The Mercado Del Rio property is zoned C-2, Commercial District. DEVELOPMENT REVIEW BOARD ACTION: At their regular meeting of November 18, 2009, the Development Review Board (DRB) voted unanimously (7 - 0) to recommend conditional approval of the development plan and landscape plan for lot 6 (see attached minutes for specifics). The primary issue discussed involved traffic circulation related to placement of the (60:umpsters. The Board found the design to be satisfactory. BACKGROUND: Nature of Application: The development plan stage involves resolving all design and site layout issues related to zoning requirements as well as specifications of all reviewing agencies. Once recommendations are made by staff, the development plan is reviewed by the DRB, which in turn forwards the application with its recommendation to Town Council. Development plan approval constitutes authorization for the developer to proceed with the engineering plans and specifications for public improvements, as well as the building permit process. Site Conditions • The Mercado Del Rio site is approximately 17 acres in size. • Lot 6 is .81 acres and currently vacant and undeveloped. • The site has beenY reviousl graded based on approval of improvement plans for the first phase of this p development. • Four other lots (5, 11, 12 & 13) have been developed on this property. Proposed Improvements • The total building area is 11,018 square feet (two stories). • The maximum building height is 30 feet. • Adequate parking and circulation have been provided. low • Pedestrian connections have been established to the adjacent lots. TOWN OF ORO VALLEY COUNCIL COMMUNICATION Pace 2 o Approvals to Date: • The master development plan and final plat were approved by Town Council on May19, 2004. • Subsequent development plans, landscape plans and associated architectural elevations have been previously approved for lots 3, 5, 11, 12 and 13. Surrounding Land Uses: Direction Zoning Land Use North: R1-144 CDO Wash South: R-6 and C-1 s Apartments and Office Buildings g East: Rooney Ranch PAD Risky Business Restaurant West: R1-144 CDO Wash ANALYSIS OF OVZCR 22.6B DEVELOPMENT REVIEW CRITERIA: "In considering any application for development review, the Development Review Board shall beuided" g by a specific list of criteria when deliberating. The following is a list of noteworthycriteria (in followed staff commentary: italics) by 1. The Development Review Board shall examine the application to insure that allf o rovisions this Code and p all other Codes, master plans, general plans and standards of the Town shall be complied with win hE applicable. A. GENERAL PLAN COMPLIANCE: This commercial project is in general conformance with applicable General Planpolicies. Noteworthy . General Plan 2020 policies are listed below. Policy 2.1.4, "The Town shall require that all development proposals depict an arrangement of and massing of buildings and/or arrangement of lots to minimize impacts on views from adjacent properties and streets and from properties and streets internal to the proposed project whilerovidinfor residents. " p gprivac y Policy 11.3.1, "View protection is to be an essential aspect of development review andJ ro'ect a pp roval. " p The site is relatively flat and the development has been designed to minimize buildingdominance as viewed from Pusch View Lane and the CDO wash. The proposed buildingis located alongthe rear of the property. There are no single family homes located in proximity to this development. Parapets and mechanical p equipment screens will be required to help shield views from adjacent properties. B. OVZCR COMPLIANCE: The development plan is in substantial conformance with all applicable OVZCR requirements. F:\OV\OV12\2007\12-07-17\reports\TCreport2-18-09.final.doc TOWN OF ORO VALLEY '20UNCIL COMMUNICATION Page 3 of 4 C. OVZCR DESIGN GUIDELINE COMPLIANCE: Pedestrian Sidewalks Addendum A 6 f ii: "Design all parking areas to allow safe and attractive pedestrian circulation. " Safe pedestrian circulation between each building and to the adjacent roadways is proposed. Pedestrian sidewalks around the perimeter of the building have been adequately landscaped for appearance and visibility. D. PUBLIC WORKS COMMENTS: Drainage: The existing on-site drainage patterns (south to north) will be maintained. On-site drainage will ll be conveyed through the site by utilizing parking area access lanes (PAALs), catch basins. and storm drains. On-site drainage is ultimately conveyed to an existing riprap drainage channel that runs adjacent side� cent to the north side of the project. The Town Engineer has previously approved a detention waiver for the Mercado Del Rio site because of rapid runoff conveyance to the Canada Del Oro Wash. This project utilizes first flush treatment that consists of catch basin inserts designed to g capture sediment, Debris/trash particles, and oils/grease from the parking lots and PAALs. Grading: A Type 2 Grading Permit will be required to construct buildingpads, retainingwalls, drainage . . . g structures, utilities, parking lots, and any other structures requiring grading on the project site. All grading will conform to the Town of Oro Valley Zoning Code Revised (OVZCR). Traffic: The existing roadway network providing access to this project has been designed to handle the traffic g generated by its use. Immediate access to the site will be from Vuelta Caminata Del Rio, an east-west shared driveway on the south end of Lot 6. Vuelta Caminata Del Rio in turn connects to Pusch View Lane, which runs along the south end of the Mercado Del Rio site. PUBLIC NOTIFICATION AND COMMENT: This project has been noticed in accordance with Town procedures, which include the following: g • Property owner mailing for all directly affected residents within 300' of parcel. arcel. • HOA mailing. • Post property. • Post at Town Hall and on web. 460,.o comments have been received from surrounding property owners. F:\OV\OV12\2007\12-07-17\reports\TCreport2-18-09.final.doc TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 4 0 ,401) SUMMARY OF FACTORS: Findings in Favor: 1. The development plan meets all applicable General Plan policies, OVZCR requirements and design guidelines. 2. The development plan is in general conformance with the previously approved master development plan and master landscape plan. 3. The Development Review Board has recommended approval. 4. No resident concerns have been received. Findings Against: 1. None. SUGGESTED MOTIONS: The Town Council may wish to consider one of the following suggested motions: I move to [approve, approve with conditions, OR deny] OV12-07-17, The Architecture Company's request for a development plan on lot 6 of Mercado Del Rio, with the conditions specified in Exhibit A. Attachments: 1. Exhibit A, Conditions of Approval Nuill) 2. Development Plan 3. November 18, 2008, DRB minutes cc: Applicant: Dick Karkau, Fax: 620-6097 Project Manager: David Ronquillo, Senior Planner , . 41' , 4 J . S.r- -.)Vlore, Pl. -�ing & Zo ing Doctor s I -) Craig Civ. •- Town Engineer 0 / 144°W Je 0Watson, Assistant Town Manager = 444;1 David Andrews, Town Manager moil) F:\OV\OV12\2007\12-07-17\reports\TCreport2-18-09.final.doc EXHIBIT A OV12-07-17 MERCADO DEL RIO LOT 6 1. Address all technical engineering comments as indicated within the redlined plan set. 2. Revise the grading as necessary within the landscaped area adjacent to the east side of the building t0 meet the requirements of the 2006 International Building Code. 3. Drainage improvements (i.e. catch basin and storm pipe) are being proposed within this constructed shared access drive with lot 5. To ensure a smooth transition between new and existing pavement, indicate the location of the sawcut line and provide existing grades as needed. 4. Provide a minimum 0.5% longitudinal slope for drainage over asphalt pavement. A portion of the PAAL located adjacent to the front of the building does not meet this requirement. 5. Revise the design grades within the ADA parking spaces adjacent to the front of the building. A two percent slope in the longitudinal parking direction combined with a slope in the perpendicular direction results in a slope that is greater than two percent in the diagonal direction. 6. An accessible route that meets ADAAG requirements shall be provided to the sidewalk adjacent to the passenger drop-off area located within Lot 7. Clarify if improvements along the proposed accessible path will be temporarily installed where it crosses the undeveloped portion of Lot 7. 7. A concrete landing was provided for the doorway located along the east side of the building. As currently designed, the landing does not meet ADA requirements for a level landing at a doorway. Confirm that this building ingress/egress location is not required to be ADA accessible. iiikair 8. The sidewalk and top of curb elevation located adjacent to the northeast corner of the building were revised with this submittal. 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Chairman Gribb called the meeting to order at 6:00 p.m. ROLL CALL PRESENT: Tom Gribb, Chairman Mary Caswell, Vice-Chair Jill Anderson, Member John Buette, Member Michael Schoeppach, Member Ray Shelton, Member Mike Zinkin, Member PLEDGE OF ALLEGIANCE 111110. Chairman Gribb led the audience in the Pledge of Allegiance. CALL TO THE AUDIENCE Open and closed with no comment. CONSENT AGENDA A. Review and/or approval of the October 14, 2008, DRB minutes. MOTION: A motion was made by Vice-Chair Caswell and seconded by Member Buette to approve the minutes as submitted. MOTION carried, 7-0. REGULAR AGENDA 1. OV13-08-29, Kevin B. Howard Architects, representing Stonewest Developments, requests architectural approval of a clubhouse to be built within The Lofts at the Vistoso Town Center in close proximity to the Moore Road and Rancho Vistoso Boulevard intersection. If you have any questions about this matter, please contact Michael Spaeth, Planner, at (520) 229-4813 or mspaeth@orovalleyaz.gov Chairman Gribb stated the applicant requested a continuance. MOTION: A motion was made by Member Zinkin and seconded by Member Schoeppach to continue OV13-08-29, to the next regularly scheduled DRB meeting on December 9, 2008. MOTION carried, 7-0. 2. OV13-08-28, Milano Homes, representing Aaron and Mary Suko, requests approval of a custom home to be built within the La Reserve Wilderness Estates III subdivision, in close proximity to the La Reserve Blvd and Oracle Road intersection. If you have any questions about this matter, please contact Michael Spaeth, Planner, at (520) 229-4813 or mspaeth@orovalleyaz.gov John Clelland, resident, representing the applicant, did not have a presentation. Bayer Vella, OV Principal Planner presented the staff report and stated staff recommended approval with the conditions in Exhibit A. MOTION: A motion was made by Member Zinkin to approve OV13-08-28, Milano Homes, representing Aaron and Mary Suko, requests approval of a custom home to be built within the La Reserve Wilderness Estates III subdivision, with the conditions in Exhibit A. MOTION carried, 7-0. 3. OV12-07-17, The Architecture Company, representing the owner and applicant, requests approval of a development plan and landscape plan for lot 6 of Mercado Del Rio, located off Pusch View Lane directly west of Oracle Road. If you have any questions about this matter, please contact David Ronquillo, Senior Planner, at (520) 229-4817 or dronquillo@orovalleyaz.gov. Richard Karkau, non-resident, representing the applicant did not have a presentation. Member Zinkin asked the applicant if the dumpster was encroaching on an adjacent property. The applicant responded that the area shown is a common area. Paul Keesler, OV Development Review Manager, responded the area is not a common area as we know it. The area will be a common use area for the commercial subdivision. Bayer Vella presented the staff report and stated staff recommended approval with the conditions in Exhibit A. Chairman Gribb asked Mr. Vella if the windows at the southwest corner will have some type of shielding. Mr. Vella responded the I ndsca e can be enhanced in the area. Mr. Gribb requested the applicant work with staff to decide if an additional tree was necessary. MOTION: A motion was made by Member Schoeppach and seconded by Member Buette to approve OV12-07-17, The Architecture Company, representing the owner and applicant, requests approval of a development plan and landscape plan for lot 6 of Mercado Del Rio, with a friendly amendment added by Member Zinkin that the applicant will continue to work with staff to mitigate the concern with the southwest corner area window shielding which may include additional landscaping. MOTION carried, 7-0. 4. OV13-08-09, The Architecture Company, representing the owner and applicant, requests approval of architectural elevations for lot 6 of Mercado Del Rio, located off Pusch View Lane directly west of Oracle Road. If you have any questions about this matter, please contact David Ronquillo, Senior Planner, at (520) 229-4817 or dronquillo@orovalleyaz.gov. Mr. Richard Karkau, non-resident, representing the owner did not have a presentation. Member Zinkin asked if the mechanical equipment would be screened. The applicant responded the mechanical equipment will be located behind the parapet. Member Zinkin asked if the windows would have some type of reflectivity. The applicant stated the windows are not reflective glass and will be tinted. Bayer Vella, OV Principal Planner, presented the staff report and stated the design is on the contemporary edge. Mr. Vella presented photos of neighboring buildings and stated the design has been approved by the commercial association. Staff recommended approval with conditions in Exhibit A. Member Zinkin asked if there was a code on the reflectivity of windows. Mr. Vella stated there is no specific code for window reflectivity. Chairman Gribb asked if there were any discussions with the applicant to address the southwestern type of design. The applicant stated he was not approached about the design not fitting the code. Member Caswell stated she believed the original Development Plan did not require southwest design in architecture. MOTION: A motion was made by Member Shelton and seconded by Vice-Chair Caswell to approve OV13-08-09, The Architecture Company, representing the p g owner and applicant, requests approval of architectural elevations for lot 6 of Mercado Del Rio, with conditions in Exhibit A and add the reflectivity of the windows be discussed between the applicant and staff. Member Zinkin stated he would vote against the motion because it does not meet design guidelines and has compatibility issues. MOTION carried, 6-1 with Member Zinkin opposed. 5. OV12-08-17, The Town of Oro Valley Public Works Department, requests approval of a landscape plan for a Oro Valley public transportationp ark and ride facility, located in proximity to the northeast corner of Rancho Vistoso Boulevard and Innovation Park Drive. If you have any questions about this matter, please contact Michael Spaeth, Planner, at (520) 229-4813 or mspaeth@orovalleyaz.gov. Paul Keesler, OV Development Review Manager, presented thero osal and p p reviewed the landscape plan. Mr. Keesler stated staff recommended approval. Member Zinkin asked if the landscape will be any degradation of safety. Mr. Keesler responded that part of OVZCR is to hide parking lots. Thisarkin lot will be very well lit. p g MOTION: A motion was made by Member Zinkin and seconded by Member Buette to approve OV12-08-17, The Town of Oro Valley Public Works Department, request approval of a landscape plan for a Oro Valley public transportation park and ride facility. MOTION carried, 7-0. 6. Action item: The Planning and Zoning Department initiated aJ roject to p develop a new section of the zoning code that will address neighborhood meetings. The Development Review Board may appoint a member to serve on the project committee. If you have any questions about this matter, please contact Karen Berchtold, Senior Planner, at (520) 229-4814 or kberchtold@orovalleyaz.gov. Karen Berchtold stated this action item is part of the steps needed to update code and address some new goals. Member Zinkin suggested that Member Schoeppach be appointed and would be a great candidate. Member Schoeppach is appointed by proclamation. 7. Board Member Comments. Member Zinkin stated he would request staff members who worked with the applicants be present at meetings. Member Caswell stated it is unfair to come to a meeting and not have presentations in addition to staff reports. Member Zinkin stated the bylaws read a presentation is a requirement. 8. Planning and Zoning Update. Mr. Vella gave an update on upcoming Town Council and Study Sessions. Mr. Vella stated the Council is considering revising the appointment process of all boards and commissions and to eliminate the council liaison. This is currently being discussed and will be heard at the public meeting in January, if passed would take effect in July. Mr. Gribb requested this item be put on the agenda to be discussed and possibly giving the Council a recommendation. Mr. Vella continued and stated the proposed Art Review Code is going to be heard by the Town Council in December. The landscape code is still in process, considering water budgeting and a more restrictive plant palette. ADJOURNMENT MOTION: A motion was made by Member Schoeppach and seconded by Member Buette to adjourn at 7:06 p.m. TOWN OF ORO VALLEY Page 1 of 2 COUNCIL COMMUNICATION MEETING DATE: 02/18/09 TO: HONORABLE MAYOR AND COUNCIL FROM: TOBIN ROSEN, TOWN ATTORNEY SUBJECT: RESOLUTION NO. (R) 09-_, A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, IN SUPPORT OF ARIZONA PUBLIC EDUCATION AT ALL LEVELS AND TO URGE THE ARIZONA STATE LEGISLATURE NOT TO BALANCE THE STATE BUDGET AT THE EXPENSE OF PUBLIC EDUCATION; AND TO CONSIDER THE PROPOSED LEAGUE OF CITIES AND TOWNS 2009 RESOLUTION URGING THE STATE LEGISLATURE TO FULLY FUND HIGHER EDUCATION PROGRAMS, ESPECIALLY AT POST- SECONDARY LEVELS THROUGHOUT THE STATE OF ARIZONA SUMMARY: At the request of Council Member Abbott, and seconded by Vice Mayor Carter, this Resolution is being presented for consideration by the Mayor and Council this evening due to the public education funding crisis facing our State. Because of the current economic downturn, there are numerous economic challenges facing all levels of government. In an arguably misguided effort to meet these challenges, the Arizona State Legislature is proposing an unprecedented mid-year cut to the public education system. This mid-year cut is "roposed to cut $243 million dollars to the three State universities alone. For the University of Arizona, this cut .11 come in addition to a $20 million dollar cut already suffered at the beginning of this fiscal year. However, that is not where the educational financial crisis ends. As this communication is being drafted, there is a proposal before the Joint Legislative Budget Committee that proposes cuts at a total of $388 million to the system through fiscal year 2010. It is the position of the University of Arizona that the severity of these cuts, although a means to an end to balance the State budget in the short run, in the long term will hamper any effort for the State economy to recover. "The State needs to protect its universities — not dismantle them — if it has any hope of building an economy for the future . . ." January 23 letter from U of A President Robert Shelton to Mayor Loomis. University of Arizona President Shelton enumerated some of the issues that the University of Arizona alone will face and they are listed here: • The elimination of more than 400 jobs. • A reduction in the number of UA colleges from 16 to 13 and the consolidation of up to 50 academic and administrative units. • Larger class sizes and fewer course offerings for students. • An across-the-board cut of 5 percent for each unit on campus, in addition to the 5 percent cut the university endured at the beginning of the fiscal year. TOWN OF ORO VALLEY Page 2 of 2 COUNCIL COMMUNICATION MEETING DATE: 02/18/09 It is because of the dire consequences that will likely precipitate from the short termg oal of balancing the State of Arizona's budget at the expense of education that the Town of Oro Valley maydesire to make its voice heard. Members of the Town's governing body have stated that education should be the last, and not the first, place the State should look to in order to find the money necessary to balance its budget. Also attached is the proposed League of Cities and Towns 2009 Resolutionp resented to the Mayor and Council for consideration this evening urging the State Legislature to fullyfund higher education programs, especially at post-secondary levels throughout the State of Arizona. FISCAL IMPACT: NONE ATTACHMENTS: • Resolution (R) 09- 11 of the Mayor and Council of the Town of Oro Valley, Arizona, supporting public y pP g education at all levels and to urge the Arizona State Legislature not to balance the State budget at the expense of public education. • January 23, 2009 letter from U of A President Robert Shelton. • Proposed League of Arizona Cities and Town 2009 Resolution urging the State Legislature to fully fund higher education programs, especially at post-secondary levels throughout the State of Arizona. SUGGESTED MOTIONS: I hereby move to (approve/deny/continue to date) Resolution (R) 09- 11 supporting Arizona pp g public education at all levels and to urge the Arizona State Legislature not to balance the State budget at the expense of public education. I hereby move to (approve/deny/continue to date) the Proposed League of Cities and Towns g 2009 Resolution urging the State Legislature to fully fund higher education prorams especially at post- secondary secondary levels throughout the State of Arizona. Tobin Rosen, Town Attorney t.v �... .,...r'` Jerene Watson, Assistant Town Manager anid David Andrews, Town Manager ATHE UNIVERSI1Y Administration Bldg. P.O.Box 210066 . OF ARIZONA. Tucson,Az 85721-0066 Office of the President RECEIVED January 23, 2009 JAN 3 0 2009 The Honorable Paul H. Loomis Town Of Oro Valley Town Hall, 11000 N. La Canada Dr. 11000 N La Canada Dr Oro Valley, AZ 85737-7015 Dear Mayor Loomis, I write to with an update on the status of the state appropriation to The University of you p Arizona. Unfortunately, the news that I have to share is very troubling. Everyone is aware of the verydifficult economic challenges that currently exist for both our and state. The Universityof Arizona has said from the beginning that it is prepared to country do its parthelp to address the state's significant deficit. But legislative leaders are proposing an unprecedented— and I believe totally ill-conceived—mid-year cut in the appropriation to our p state's three public universities. The figure that they have proposed is $243 million to the university yversi s stem. The University of Arizona's share of that would be approximately $103 million. r cut in our fundis and this cut would come on top of a $20 million This is a 25 percent mid yea g� reduction we took at the beginning of the year. The proposal currently put forward by the Joint g Legislative Budget islative Bud et Committee would make a total cut of$388 million to the system through the fiscal year 2010 budget. even of cuts beingproposed would only serve to prolong the recession, damage the The severity p p economy further and threaten the state's future workforce. The state needs to protect its universities —not dismantle them— if it has any hope of building an economy for the future; of aspiring to more than mediocrity. Compounding budget the bud et cuts are proposals circulating at the Capitol in which the legislature the universities. To politicize the universities in this way is not just a bad would micro-manage business practice, it is simply unacceptable. goal, as always, is to preserve the strengths of The University of Arizona. Despite the Our y � turbulent times, we will do everything possible to keep this one of the premier public research � g America. But even under the best scenarios we face the loss of tens of millions of universities in Am dollars, and it would be impossible for us to continue providing all the programs and services p currently in place. excel; Thus, we will have to focus our resources on those areas where we can where we can attract the best and brightest in the world. We have many world class programs at The Universityof Arizona, and we intend to strengthen them through our Transformation ilkaar Process. is Arizonas First University-Since 1885. r. ..,^: �.'. .. .�:��. .'., www.arizona.edu 2390 I We are actively engaged in conversations with the governor and key legislators, and are working vii) to help them understand the central role that the University plays in spurring the economy, improving the quality of life in the state, and affording access to upward mobility. We will be communicating with as many people as possible regarding the legislature's decisions, , and I write to you in the hope you will make sure that colleagues and friends understand the magnitude of these cuts, and the very serious impact they will have on the future of our University and the future prospects for the State of Arizona. These are difficult times. But l am certain that we have the talent, the commitment and the determination among the people at The University of Arizona to allow us to make the institution better and stronger through this experience. Through it all, we must continue to serve students and our state, and sustain the quality experience that makes a University of Arizona education the special treasure that it is. My thanks for your continued support of The University of Arizona. Sincerely, Robert N. Shelton President RESOLUTION NO. (R) 09- 11 Slaw A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, SUPPORTING ARIZONA PUBLIC EDUCATION AT ALL LEVELS AND TO URGE THE ARIZONA STATE LEGISLATURE NOT TO BALANCE THE STATE BUDGET AT THE EXPENSE OF PUBLIC EDUCATION WHEREAS, the Town of Oro Valley is a political subdivision of the State of Arizona vested with all associated rights, privileges and benefits and is entitled to the immunities and exemptions granted municipalities and political subdivisions under the Constitution and laws of the State of Arizona and the United States; and WHEREAS, the State of Arizona and our country are going through difficult economic challenges; and WHEREAS, education is Arizona's economic engine and plays a key role in attracting and retaining clean, high value industries by providing a skilled and educated workforce; and WHEREAS, education plays a key role in improving our economy by creating high paying jobs that result in long term improvements to local property and sales tax bases; and titior WHEREAS, education improves the quality of life and affords access to upward mobility for Arizona residents; and WHEREAS, any monetary cut in school appropriation for any level of schooling is an issue of regional concern and has a very serious impact on the future integrity of our public schools and future prospects for Arizona and its economic recovery; and WHEREAS, the Town believes that Arizona must continue to serve and educate students and sustain, if not improve, the quality education that Arizona schools currently provide; and WHEREAS, it is in the best interest for the health, safety and welfare of the residents of the Town of Oro Valley and the State of Arizona to preserve funding for all levels of education within Arizona in order to protect the future integrity of our public schools and the future of Arizona. NOW THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Oro Valley, Arizona, that the Mayor and Town Council call upon the State Legislature to inform our representatives that any cuts in monetary funding of our public schools at any level will be detrimental to the future integrity of our schools and the future of Arizona. \\Legal\sharefiles\Mayor&Council\Misc\Support Education\Resolution final_doc Town of Oro Valley Attorney's Office./ca/021109 BE IT FURTHER RESOLVED that upon adoption and execution, the Town Clerk shall transmit copies of this Resolution to Oro Valley's State legislative representatives, Nod the President of the Arizona Senate and the Speaker of the Arizona House. PASSED AND ADOPTED by the Mayor and Council of the Town of Oro Valley, Arizona this 18th day of February , 2009. TOWN OF ORO VALLEY, ARIZONA Paul H. Loomis, Mayor ATTEST: APPROVED AS TO FORM: Kathryn E. Cuvelier, Town Clerk Tobin Rosen, Town Attorney Noil0 Date: Date: No) \U.egal\sharefiles\Mayor&CouncillMisc\Support EducationUtcsolution final.doc Town of Oro Valley Attorney's Office/ca/021109 League of Arizona Cities and Towns 2009 Resolution Urges the State Legislature to fully fund public education and higher education programs, especially at post-secondary levels throughout the State of Arizona. Submitted: Town of Oro Valley and A. Purpose and Effect of Resolution The State of Arizona, like the rest of the nation, faces a severe economic crisis that has devastated the ability of governments at all levels toprovide the same levels . of services and programs that have traditionally been funded. Declining revenues necessitate reexamination of all government operations to ensure the continuation of vital and essential government operations while at the same time ensuringcompliance p with budget statutes that require spending only in accordance with expected revenues. The challenge is to ensure that funding decisions made in the short term not have unwarranted or uncorrectable consequences in the future. One area in which it may appear deceptively simple to reduce spending is in education, especially at the p Y college and university level. However, to reduce or curtail educationalro rams at p g the State's universities will have the dramatic and wholly unintended n consequence of placing p g Arizona and its cities and towns at a severe competitive disadvantage compared to p the rest of the nation in terms of attracting and retaining high level, technologically oriented g g Y industries that view the proximity of outstandinghigher education facilities g as a prime factor in determining where to relocate. The availabilityof outstanding . . educational facilities is important not only because it provides a ready supply highly su 1 of hi hl qualified potential employees, but also because it allows these industries to satisfy the needs of their existing employees for top quality educational opportunities for their own families. Simply put, quality educational facilities are an important economic engine that can make the difference between Arizona becoming and remainingan attractive locale for high . g quality, desirable industries, or Arizona remaining just another warm weather location that is unable to meaningfully compete for the types of clean, high value industries that every locale in the country seeks to attract. B. Relevance to Municipal Policy The funding of education will be in keeping with the policy of the Town of Oro Valley to provide a first quality environment that is conducive to the attraction and retention of clean, high tech industries such as pharmaceutical research that brings high- paying g paying employment opportunities to the Town, the region and the state, and thatp rovides a necessary and ongoing stimulus to the local and statewide economies. \\Legal\sharefiJes\Mayor&Council\Misc\Support Education\Final League of Arizona Cities and Towns.doc C. Importance of Resolution to Your City or Town The Town of Oro Valley is currently the home of several large high tech void industrial employers, all of which have expressed ongoing concerns about the quality of education not only for their own employee recruitment, but also for their ability to ensure their existing employees that the quality of education that their families will receive will be comparable if not superior to educational opportunities that they would enjoy elsewhere. It is in the best interest for the health, safety and welfare of the residents of the Town of Oro Valley and the State of Arizona to preserve funding for all levels of education within Arizona in order to protect the future integrity of our public schools and the future of Arizona. D. Fiscal Impact to Cities and Towns The availability of high quality educational facilities in close proximity to Arizona's cities and towns can be expected to have a positive fiscal impact. The ability of cities and towns to attract and retain clean, high-paying jobs based upon the availability of outstanding educational facilities will result in a positive impact to our economy with long term improvements to local property and sales tax bases. E. Fiscal Impact to the State While the appropriation of funding for higher education will have an immediate effect upon state budget appropriations, this investment will pay off many times over for the State's future economy in terms of increased per capita income from a highly educated workforce, as well as direct increases in tax payments from industries that will select Arizona over other competing locations in which to locate their headquarters, manufacturing, research and other facilities that directly employ a skilled and educated workforce. F. Contact Information Jerene Watson, Assistant Town Manager, (520) 229-4700, jwatsonorova1leyaz.gov 'tad \\Legal\sharefiles\Mayor&Council\Misc\Suppon Education\Final League of Arizona Cities and Towns.doc J TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: February 18, 2009 TO: HONORABLE MAYOR & COUNCIL FROM: Ainsley Legner, Parks and Recreation Director SUBJECT: Appointment of Robert Turnbull as the Town of Oro Valleyrepresentative tothe Tucson-Pima County Bicycle Advisory Committee SUMMARY: The Tucson-Pima County Bicycle Advisory Committee (BAC) was formed torovide input to the p loca I jurisdictions on issues of concern to the bicycling committee. The Town is responsible for appointing pp g one representative to the BAC to represent the Town and to provide a communication link to the BAC. The term of the Town's previous representative, Donna Aversa, expired on December 31, 2008. Due ue to her schedule, she declined to apply for an additional term. Mayor Paul Loomis and Multimodal Planner Nancy Ellis completed the application review process, nd recommend Robert Turnbull for appointment to the BAC for a two-year term. SUGGESTED MOTION: I move to appoint Robert Turnbull as the Town's representative to the Tucson-Pima County Bicycle Advisory Committee. The term will begin January 1 , 2009 and end December 31, 2011. ATTACHMENT: Volunteer Application from Robert Turnbull Q ...,,:1_,,,i7....\ r ,� Ainsley Legner, arks & ecreation Director 4 e Wats , Assistant Town Manager .A14/1,;( David Andrews, Town Manager hOt: 2 'g 8 itior ORO VALLEY VOLUNTEER APPOINTMENT APPLICATION Dear Oro Valley Citizen: We appreciate your interest in the Town of Oro Valley. This informational form,when completed,will allow us to quickly process 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 attached. 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 have resided in the Town for 1 year. Please return to the Town Clerk's Office,11,000 North La Canada Drive,Oro Valley,Arizona 85737. Name Turnbull Robert James Last First Middle Address 8583 N Calle Tioga Oro Valley AZ 85704 Street City State Zip Home Phone Business Phone Email Number of Years in Oro Valley 5 (Must be a resident of the Town for 1 year.) Signature 4 r:// Date I f 7 / lease indicate the board or commission you wish to join: Town's representative on Bicycle Advisory Committee Please list your volunteer services in Oro Valley and with other organizations including any boards or commissions on which you have served:(board/commission,civic,educational,cultural,social,etc.) Current activities: Homeowners association board member: ride leader with Cactus Cycling Club; volunteer with the Western National Parks Association. In another community served as a member of equivalents to Board of Adjustment and also Parks and Recreation Advisory Board. How does your previous volunteer service prepare you for the board or commission appointment for which you have applied? Please describe an issue considered at a meeting of the Board or Commission for which you are applying. (see attached sheet) Have you attended the Citizens Planning Institute? yeS Are you willing to attend? Briefly describe your educational/vocational background. PhD in Electrical Engineering g g Professor of Electrical Engineering (1967-1999), Professor Emeritus (1999- ) IF DESIRED,ADDITIONAL INFORMATION MAY BE ATTACHED www.townoforovalley.com 4/18/06 Robert J. Turnbull additional information I have been active in cycling for many years. I commuted to work bybicycle for 3 6 y years and have been an active recreational cyclist for more than 25 years. I was a board member and ride leader for several years for a cycle club in Illinois. Since movingto . Oro Valley I have continued my ride leader activities for the Cactus Cycling Club. In . . , y g other recreational activities, I served a term as a member of the Park District Advisory Committee for our community in Illinois. My current memberships include the Cactus actus Cycling Club, League of American Bicyclists, and Rails-to-Trails Conservancy. Y I have long had an interest in town and city planning. I served on the ZoningBoard of Appeals. (The Oro Valley equivalent is the Board of Adjustment.)In Oro ValleyI . . took the Citizens Planning Institute class in 2003-2004. In 2006-2007, I was the mentor in the Future Cities Competition for a class at the Doolan Middle School in Tucson. One of the continuing controversies in build bicycle facilities is whether to build on-road bike lanes or off-road bike paths. I believe that both have their uses. For transportation or long distance recreational biking, on-road bike paths arepreferable to bike paths ' adjacent to the road. Bike paths beside a road give a false sense of securi but ty are much more dangerous than bike lanes because turning cars do not look for bicycles on bike e paths. J TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: February 18, 2009 TO: HONORABLE MAYOR& COUNCIL FROM: Sarah S. More, Planning and Zoning Director SUBJECT: APPOINTMENT OF MEMBERS TO THE PLANNING AND ZONING COMMISSION (P&Z) SUMMARY: The purpose of this item is to consider appointing two (2) new members to the P&Z Commission. Doug McKee's term has expired and James Loughney passed away. Using established procedures as outlined in the Town Council Policies and Procedures, an interview panel was formed consisting of Council Liaison Kenneth Carter, Planning and Zoning Commission Vice Chair Clark Reddin, and staff representative Sarah More. There were eight (8) applicants; the interview panel interviewed all of them. Because the Town Council is considering changing the appointment method and terms of service, we recommend that the terms expire July 31, 2009. Each of the applicants was notified of this term of appointment. The following applications are being forwarded to Mayor& Council for consideration and appointment as allows: Robert LaMaster (new appointment) D. Alan Caine (new appointment) February 19, 2009—July 31, 2009 February 19, 2009 —July 31, 2009 SUGGESTED MOTIONS: I move to appoint members to the Planning and Zoning Commission as recommended. Attachments: Applications i _ � / / " • Sarah More, Planning and Zoning Director 6 1/{10. -141 fene Watso , Assistant Town Manager a.11 ,,i,t i, David Andrew, Town Manager 11111"F:\OV\CC\P&Z appointment to TC 021109.doc 14- •,,'-''.,, _T--, c) „, ,%,-,,,, An Fogot.l.qi,:- ---ill, E a, s illiav ORO VALLEY VOLUNTEER APPOINTMENT APPLICATION Dear Oro Valley Citizen: We appreciate your interest in the Town of Oro Valley. This informational form,when completed,will allow us to quickly process 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 attached. 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 have resided in the Town for 1 year. Please return to the Town Clerk's Office,11,000 North La Canada Drive,Oro Valley,Arizona 85737. Name 4AA441 Ziiser- /rem effe4 Last First Middle Address .710 Luoirsit 4 &to atair7 A2. gtzr? Street city State Zip Home Phone ` Business Phone Email Number of Years in 0 a V. ey i (Must be a resident of the Town for 1 year.) \ 4/0.9'. Aie, //s/e7 SignatureAilb.,.,, ,m Date 400please indicate the board or commission you wish to join: etoys,,,,,,..,, Please list your volunteer services in Oro Valley and with other organizations including any boards or commissions on which you have sery-a:(board/commis ion,ci ic,educational,cultural,s a ial,etc.) dt;....,... -;., - Off, _- . -, ..... ... 1 _. ... - .-_ . ,' 7446_7__ WCYZet2.5:1 440100iitle A- ii. 7r -.. atofeig#C4V,‘ i 6>-14'.7 . -- ( °oZar ate„„ ("tediteg 4' 79' Cafe 6r?"Xj. / iZefOS":"` Zaelf) 5ge 4142eSeakte oeesesoote. How does your previous volunteer service prepare you for the board or commission appointment for which you have applied? Please describe an issue considered at a meeting of the Board or Commission for which you are applying. ,i4e,40. 041°N Off ' _ ,,i.r.loovfige"--4%00.- 0,1--"ree/... . 7_:4_4,ey of,./6„ . A 714 -9 t,r, t ':t.f e eal;vezio.1.74‘ ,et,e, 4er/44.€ a'aice.e.4 .0.,A ‘ i .. Atb- gik.,e - 1 -"641 *Ie. $ .... , ____., „....,../ ... /.. /..., .. )0e .., , 4tvr.0 010 dev44/14,0Gosie4,4 ilte ef-escA~ ' -.:i 4 410(vitae, €44t OVA.Have you attended the Citizens Planning Institute? WO Are you willing to attend? /ZOO Brieflde cribe your educational/vocational background. er' /$ 40444,....). Aylige Astewee /love 'oft, rfee.e 4,171 0.19,I Y.d m c$.# . Afoot -".-0 0 4 4,doe., a"A•ter r044,0( Afri.4010/01At 416 ielf. Xee 41404," iteStef.e. IF DESIRED,ADDITIONAL INFORMATION MAY BE ATTACHED www.townoforovallev.com 4/18/06 Robert K. LaMaster Page Two EDUCATION Texas Tech University, Lubbock, Texas Master of Arts: Interdisciplinary Studies Business Administration, Mass Communications and Political Science Texas Tech University, Lubbock, Texas Bachelor of Business Administration: Marketing RELEVANT EXPERIENCE The Kellen Company, Association Management Company Tucson, AZ Account Executive 2007 to present Hold the positions of Managing Director for the 4700 member National Academy of Elder Law Attorneys and was the Executive Director of the National Elder Law Foundation (2007-2008). Part of a four person management team for Kellen's Tucson office. National Traffic Safety Institute Tucson,AZ Regional Director 2005-2007 Was responsible for all operations of the Southwest Regional Office in Tucson, Arizona. This included the management of a 15-person office and call center, liaison with the Courts and Governmental entities within Arizona. Arizona Restaurant Association Tucson, AZ Regional Vice President 2001-2005 Executive Director, Southern Chapter 1997-2001 Was responsible for all operations in Southern Arizona, including administration, membership, public affairs, public relations, special events, school-to-career program, new chapter development, and food-safety training. Muscular Dystrophy Association Tucson,AZ District Director 1992-1996 Administration and fund raising in Southern Arizona Tucson Metropolitan Chamber of Commerce Tucson, AZ Vice-President, Membership Services 1991-1992 Membership recruitment and marketing of chamber services Greater Dallas Chamber of Commerce Dallas, TX Membership Representative 1990-1991 Recruited members and sold trade show exhibits . . Vis-JLirikeji- VZ-(8-0 5 rev piAtiv4- c (( 40115, .. F� F y N ' , lr �i^�41 ,,,,P ---i G' P r." d 4 f -' '4, L. am•` .+ Jr \� 1�4 ORO VALLEY VOLUNTEER APPOINTMENT APPLICATION Dear Oro Valley Citizen: We appreciate your interest in the Town of Oro Valley. This informational form,when completed,will allow us to quickly process 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 attached. 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 have resided in the Town for 1 year. Please return to the Town Clerk's Office,11,000 North La Canada Drive,Oro Valley,Arizona 85737. Name -' Ki 1....'` C. .A (\L--.P\ v3 Last First Middle Address C ` S5 Street v_ City f, to Zip Home Phone __ Phone T ""'"�" '� Email --- Number .Number of Ye s ' 0 o Valley5" (Must be a resident of the Town for 1 year.) i Signature • -• • �r 2 Date4-1 ‘C 'C< , D ijoin: c r lease indicate the board or commission you wish to join: \ 5`�ti1� 53 �. y J1 Please list your volunteer services in Oro Valley and with other organizations Ii eluding any boards or commissions on which you have sewed: (board/ mmission, 'vic,educati al,c al,s cial,i,..e.&__tc) .pk_t_3.x. ,i-7) . N._ _____ cc.,,,,,itkA uu::AvszQ _rit.....„ ‘.... .s,.....s.—, ‘ ‘\--\\,... c:tt. N(CLVALCr ''S.- 11.- A yo.)-N sQN-- --kt-4,c,‘ ct,- . 1? % cl...,.., ..-._ E----:---LLc-- �..:t,� .\-e• k.' c",\ `�"- a r- How does your previous volunteer service prepare you for the board or commission appointment for which you have applied? Please __\,. ,r.,,,,,,,,,, ,,, describe an ssue consider at tin of the Board or Commission or which you are pl i1g. '' .. tis.,., a„,,,),,..., ,..... „t.,,,,,„,,,..,_ • ..,,,,.,,c,_,,,,,, „, . ., ., „,,,, t .•k . --\- \--)A-/&-L .- -',...'” (sck9r. t. t 1 , ,t '1/4Q3. . c`t, N\ .__ k.v 4V' k kx >1142S U.,-i-k- A.- 111 ,51•-• Lx, - ' 1 '1'-'--t--Q CE)vvk tiLUA;A,, :. ( ..)-5.c_fi- <N i C-Ii.-- , — 1 .''ty G*17C.J. ,St_9--- CcrtiA-AkA_ 4.• _3‘ t, m)t,,&_. 0"-&- 71A-A t...-- - .')\ ___Ik-__.' C.,AVOI Have you attended the Citizens Planning Institute? Are you willing to attend? Briefly describe your educational/vocational background. \,,,,... -. CrAct_c- . _... . IF DESIRED,ADDITIONAL INFORMATION MAY BE ATTACHED 411111, www.townoforovalley.com 4/18/06 TOWN OF ORO VALLEY 1UNCIL COMMUNICATION MEETING DATE: February 18, 2009 TO: HONORABLE MAYOR & COUNCIL FROM: Kathryn Cuvelier, Town Clerk SUBJECT: Appointment of Joy Nelson, member of Friends of Green Valley Public Library to the Oro Valley Library Review Committee SUMMARY: On February 4, 2009 the Mayor and Council established the Oro Valley Public Library Review Committee and appointed nominees to review Library operations and make a final report and any recommendations to the Council by the end of the Fiscal Year, June 30. The nominee representing the Friends of Green Valley Public Library is unable to serve, and therefore, Joy Nelson, another member of Friends of Green Valley Public Library has agreed to serve on the newly formed Oro Valley Library Review Committee. SUGGESTED MOTION: I move to appoint Joy Nelson to the Oro Valley Public Library Review Committee. Kathryn Cuvelier, Tow Clerk 411111111. 111 ) -- , '' Jerene Wats Assistant Town N a er g David Andr.,ws, Town Manager r+ TOWN OF ORO VALLEYL COUNCIL COMMUNICATION MEETING DATE: FEBRUARY 18, 2009 TO: HONORABLE MAYOR & COUNCIL MEMBERS FROM: Philip C. Saletta, P.E., Water Utility Director SUBJECT: Request for Approval and Authorization to Use Budgeted Cash Reserves from the Water Utility Enterprise Fund FY 08-09 Budget for the Purchase of Groundwater Extinguishment Credits in an Amount Not To Exceed $700,000.00 to Reduce Payment Obligations to the Central Arizona Groundwater Replenishment District. SUMMARY: Over the last few years payments to the Central Arizona Groundwater Replenishment District (CAGRD) have increased dramatically. These payments are required under our Assured Water Supply Designation. There are two major reasons for this increase. The first is that the rates for CAGRD have increased annually. The second is that we are depleting the balance in our Groundwater Allowance Account. The Groundwater Allowance Account can reduce our payment obligations to CAGRD, but would only last 3 years. We need to increase the Groundwater Allowance Account or continue to pay CAGRD higher dollar amounts. Recently Tucson Water approached Oro Valley about the purchase of their Groundwater Storage Credits. Our response is that we would prefer to purchase what are known as Groundwater Extinguishment Credits, which can serve the same purpose as our Groundwater Allowance Account. Tucson Water has a significant amount of Groundwater Extinguishment Credits that have no added benefit to them as compared to Groundwater Storage Credits. If Oro Valley were to purchase Groundwater Extinguishment Credits from Tucson Water this would provide them with revenues to purchase their CAP Water and store them as Groundwater Storage Credits. This keeps Tucson whole with respect to water deliveries and revenues. Oro Valley Water Utility benefits because we can use the Groundwater Extinguishment Credits to directly reduce our obligations and payments to CAGRD without significant further depletion of our Groundwater Allowance Account. The financial benefit is significant and can amount to a savings of$100.00 to $150.00 per acre foot of water as compared to the CAGRD rates. This can save the Water Utility as much as $200,000.00 to $300,000.00 in FY 2009-10 and an additional $200,000.00 to $300,000.00 in FY 2010-11. This savings would be a result in reduced costs to CAGRD and a direct reduction in expenditures from the Water Utility O&M Budget even after accounting for the payment to Tucson Water for the Groundwater Extinguishment Credits. The Water Utility will be requesting Mayor and Council to approve an expenditure of up to $700,000.00 from the Water Utility's FY 2008-09 Budget from budgeted Cash Reserves. The total budgeted amount in reserves is $6,479,000.00 and there are adequate funds available to cover the $700,000.00 request. This request is made at short notice due to the recent discussions with Tucson Water and their interest in selling this water due to budget shortfalls. It is also being made to reduce our expenditures in the next two fiscal years. In addition, CAGRD benefits because it does not have a larger replenishment obligation on 41y behalf of Oro Valley. s TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 2 of 2 There are some additional details that need to be worked out to assure this will work successfully. These include negotiations with Tucson Water regarding a final price per acre foot. In addition, there needs to be further discussions with the Arizona Department of Water Resources and the Central Arizona Groundwater Replenishment District. If Mayor and Council choose to approve this request, the Water Utilitywould not spend the funds unless all details and pricing were confirmed. This is a cooperative effort that can be a win-win situation for Southern Arizona because a portion of Tucson's CAP Water request for this year . would remain in the Tucson Active Management Area instead of being remarketed in Maricopa or Pinal Counties. Water Utility Staff will be prepared to make a presentation on this request. FISCAL IMPACT: Request for $700,000.00 expenditure in FY 2008-09. Estimated reduction of FY 2009-10 expenditure of$610,000.00. Estimated reduction of FY 2010-11 expenditure of$666,000.00. Net savings over these next two fiscal years can range from $300,000.00 to $576,000.00. STAFF RECOMMENDATION: The Water Utility Commission was briefed on this matter at their meeting on February 9th. The Commission supported moving forward with discussions with Tucson Water. Water Utility Staff recommends approval for the authorization of an expenditure of up to $700,000.00 from the FY 2008-09 Budget for purchasing Groundwater Extinguishment Credits from Tucson Water. The Water Utility would not spend any funds until all details and pricing is confirmed and finalized. SUGGESTED MOTION: I move to approve and authorize the use of Budgeted Cash Reserves from the Water Utility Enterprise Fund FY 2008-09 Budget for the purchase of Groundwater Extinguishment Credits in an amount not to exceed $700,000.00 to reduce payment obligations to the Central Arizona Groundwater Replenishment District. OR I move to ' , /idri,v_ ... Philip C. Sal tta, P.' ., Water Utility Director I, 6,: _. ),,,,,„,,,( ei,/,,,,,,,_ David Andrews, Town Manager TOWN OF ORO VALLEY 2 Page 1 of 3 kitio")UNCIL COMMUNICATION MEETING DATE: 02/18/09 TO: HONORABLE MAYOR AND COUNCIL FROM: KATHRYN CUVELIER, TOWN CLERK TORY SCHLIEVERT, MANAGEMENT ASSISTANT SUBJECT: DISCUSSION AND POSSIBLE DIRECTION TO STAFF TO FORMALLY INITIATE A CHANGE TO THE TOWN CODE AND BOARD AND COMMISSION ADMINISTRATIVE PROCEDURES AND POLICIES FOR APPOINTMENT (Continued from January 21, 2009) SUMMARY: At the study session held on November 12, 2008 the Council discussed moving away from the current Board and Commission member appointment process toward a process that will allow each individual Council Member to appoint a representative to each of the ten boards and commissions. To provide for this change the Town Council would need to make changes to the Town Code, Zoning Code and supporting policies and procedures. On January 21, 2009 staff presented an item to Council requesting Council direction to initiate these changes so that the potential new process could be available for the upcoming fiscal year. At that meeting, the Council Toted to continue the item until such time as the individual Council Members were able to gather data from CPI thar duates who currently serve or have served and those that were not selected for town board and commission openings. Questions were submitted by the Mayor and Council and distributed by the Town Clerk to the following individuals in three categories: 1) Those who completed CPI, but never applied for a board or commission 2) Those who applied for a board or commission and were not accepted 3) Those who have served on a board or commission, or are currently serving. The responses to the board and commission questionnaire are included as an attachment to this council communication. Based on the discussion at the November 12, 2008 study session, staff has the following recommendations for amending the process. BOARD AND COMMISSION COMPOSITION CHANGE To allow for direct Council Member appointments, the Finance and Bond Commission, Storm Water Utility Commission, and Board of Adjustment would need to be expanded to seven (7) representatives. In addition, the Water Utility Commission would be expanded to nine members to allow for Council Member appointments as well as the appointment of 1 turf/commercial and 1 countryside representative by the Water Utility Director. The Oro Valley Citizen Corp Council will be composed of volunteers to represent the five major program areas of: Volunteers in Police Service (VIPS),Neighborhood Watch, Medical Reserve Corp (MRC), Community Emergency Response Teams (CERT), Terrorist Information and Prevention Systems (TIPS) appointed by the Mayor. Seven additional appointees, made by the members of Council, will make up the remainder of the committee for a total of twelve members. TOWN OF ORO VALLEY Page 2 of 3 COUNCIL COMMUNICATION MEETING DATE: 02/18/09 TIMING OF COUNCIL APPOINTMENTS In order to allow newly elected Council Members an opportunity to chose their representatives once elected, staff recommends that all board and commission members be appointed in July of each year, with a term to run from August 1st to July 30th. TERM LENGTH AND LIMITS Staff is proposing that the length of term for all board and commission members be two-years with no term limits. This will allow all Council Members to evaluate their appointees on a bi-yearly basis. In addition, staff recommends that no citizen appointee be allowed to sit on more than one board or commission at a time. COUNCIL LIAISONS Staff is recommending that the Council liaison assignments to boards and commissions be removed. REQUIREMENTS FOR BOARD AND COMMISSION ELIGIBILITY As has always been the requirement, all board and commission members are required to complete the Citizen's Planning Institute course (CPI) prior to their appointment or during their first term of office. In addition, board and commission members are required to undertake 16 hours of additional training during their term. Staff recommends that these requirements remain in place. CITIZEN APPOINTEES TO OUTSIDE BOARDS AND COMMISSIONS Staff recommends that the Council appoint representatives to the following boards or commissions as a whole: Pima County Bond Advisory Subcommittee Regional Transportation Authority's Citizens Accountability for Regional Transportation Committee Tucson/Pima County Bicycle Advisory Committee Environmental Planning Advisory Committee (EPAC) for Pima Association of Governments (PAG) COUNCIL LIAISON POSITIONS TO OUTSIDE AGENCIES In addition to volunteer appointments to boards and commission, Council Members also serve as representatives on the boards of outside agencies. The process for making these appointments will remain the same as in prior years, with the Council making these assignments among themselves on a yearly basis. Council Members will be assigned to the following boards or commissions: Amphitheater School District Governing Board Metropolitan Tucson Convention and Visitor's Bureau (MTCVB) Pima Association of Governments/Regional Transportation Authority (PAG/RTA) Northern Pima County Chamber of Commerce (NPCCC) Legislative District 26 PROCESS CHANGE Elections in Oro Valley are held in even numbered years and so too will be the appointment process, however due to the timing of this issue, staff suggests that all members appoint board and commission members for the term of one (1) year. This will allow for the appointment process to fall in line with the terms of our elected officials. Following the election in 2010, the appointments will be for 2 years and follow the Town's general election cycle. TOWN OF ORO VALLEY Page 3 of 3 'OUNCIL COMMUNICATION MEETING DATE: 02/18/09 All board and commission appointment nominations will be placed on a regular Council agenda for ratification by a majority of the Council. Council Members may change or replace any individual that they appointed to a board or commission; however any change must go back to the Council for ratification. A majority vote of the Council will be required to remove or change the appointee of another Council Member. Currently there are 18 out of 60 board and commission members whose terms will expire on June 30, 2009. For the purposes of this process change, staff recommends extending the duration of their term by one month making the expiration date July 31, 2009 to coincide with the new process. ATTACHMENTS: 1. Responses to Board and Commission Questionnaire: • From those who completed CPI, but never applied for a board or commission. (Total responses: 10) • From those who applied for a board or commission and were not accepted. (Total responses: 10) • From those who have served on a board or commission, or are currently serving. (Total responses: 19) cUGGESTED MOTION: I MOVE to r Kathryn Cuvelier, Town Clerk Tory Schlievert, Management Assistant 1111, toiNts, David Andre , Town Maria!11 . • illhp Responses to Board and Commission Questionnaire 1 . To those who completed CPI, but never applied for a board or commission: i 1 TOTAL RESPONSES: 10 1. When you enrolled in the Citizens' Planning Institute (CPI), did you do so in order to learn more about the Town or to meet the Town's requirements to participate on a board or commission, or both? Blank, 1, 13% ■Both To learn ■To learn more more, 2, ❑Blank 25% Both, 5, 62% 2. If you enrolled in CPI as a prelude to volunteering, are you still interested in volunteering with the Town? If not, why not? Unclear, 1, CIF 13% ■Yes ■Other Obligations Other 0 Unclear Obligations, Yes, 6, 1, 13% 74% 3. Do you believe that we give proper notification of board and commission openings? 1, 13% 1, 13%e6 ■Yes ■No ❑Unclear , 74% 1 CIPOr 0 1 'I. Is there anything about the current selection process for volunteers that has made 111.5Tou hesitant about volunteering? 1, 13% All 2, 25% ■Yes* •'''''',,- - ®No ' ❑Unfamiliar with Process 5, 62% *Found selection process cumbersome 5. If each Councilmember had the ability to review all applications and select one member for each of the boards and commissions, how would that affect your opinion of the selection process? Blank, 1, For, 2, 13% 25% ■For No ■Against opinion, 1, ❑No opinion 41110, 13% ❑Blank gainst, 4, 49% 6. Would you recommend others taking the CPI class? Why or why not? Unclear, 1, 13% ■Yes ■Unclear Yes, 7, 87% Five out of the seven who would recommend the class provided a reason. Four of the respondents stated that it helped them understand the process. One respondent stated that it helped them to understand the rationale behind Town Council Decisions. 7. How long have you lived in Oro Valley? 11+yrs,2, 2 yrs,2, 25% 25% ■2 yrs 113-5 yrs G 6-10 yrs 3-5 yrs, 1, all+yrs 13% illillir' 6-10 yrs,3, kb, 8. How long has it been since you graduated from the CPI class? 1 6-10 yrs, 1, 13% 3-5 yrs, 2, is 2 yrs 25% ■3-5 yrs 2 yrs, 5, 06-10 yrs 62% 9. Do you feel qualified to sit on a board or commission? No, 1, 13% ■Yes ■No Yes, 7, 87% (I 111 110, 10. Have you ever spoken about an issue at a public meeting of the Town Council or any of its boards or commissions? II No, 4, Yes, 4, ■Yes 50% 50% ■No ‘Ilir I610, 2. To those who applied for a board or commission and were not accepted: TOTAL RESPONSES: 10 1. How did you learn about the board or commission to which you applied? Word of I mouth, 1, 8% Newspaper, 5, ■Newspaper 42% ■Email Website, 2, ❑Website 17% ❑Word of mouth Email,4, 33% There are more than 8 responses, because respondents learned of the boards and commissions through more than one source. 2. Did you apply for more than one board or commission? Yes, 4, 40% IN Yes • No, 6, 60% •No 3. Did you participate in the interview process? No, 4, 40% ■Yes i ' 11111 Yes 6 60. : ' , , % ■No 1 4. Did you find the application and interview process fair and satisfactory? If not, why not? Unclear, 1, 10% 111 ■Had complaints •Yes IDo Had Unclear Yes , 3, 30% illilir N complaints , 6, 60% 1 60 Had Complaints: Inconsistent/lack of information; took to long to hear about interview; application did not consider. (410, 5. Why do you think you were not selected to serve on the board or commission? Blank, 1, 10% ■Don't Know Other, 2, Don't Know, ■Politics 20% 5, 50% ❑Other 0 Blank Politics, 2, 20% The two responses in the "Other"category included: Did not favor developers; and only lived in Oro Valley for one year. 6. What changes, if any would you make to the selection process? Blank , 1, 10% I Different Answers Different ■No Changes Answers , 8, ❑Blank No Changes, 80% 1, 10% I Different Answers: Tell candidates why they were not chosen; more interviewers; prompt notification and explanation of interview timeframe. 1111110, 7. If each Councilmember had the ability to review all applications and select one member for each of the boards and commissions, how would that affect your opinion of the selection process? Blank, 1, 10% For, 3, 30% ■For ■Against 0 Blank Against, 6, 60% 8. Are you still interested in volunteering with the Town? No, 1, 11% ■Yes Maybe, 2, I■Maybe 22% El No Yes, 6, 67% • 4by 9. Do you believe that we give proper notification of board and commission openings? Blank, 1, 10% ■Yes Unclear, 1, 10% ■Could be improved Could be DUnclear improved, 1, D Blank 10% Yes,7,70% 10. How long have you lived in Oro Valley? 2yrs or less, ■2yrs or less Blank, 1, 13% 1, 13% MI 3-5 yrs 3-5 yrs, 1, 13% 06-10 yrs ❑11+yrs 11+yrs,2, 6-10rs, 3, % Y ■Blank 24 37% 11. Have you ever spoken about an issue at a public meeting of the Town Council or any of its boards or commissions? Blank, 1, 10% •Yes No, 2, 20% •No 0 Blank Yes, 7, 70% 12. Are you in favor of term limits for volunteer board members and commissioners? If so, how long should each term be, and how many terms should a member be allowed to serve? ■Yes Uncleargl 1 10% ■No 10% ❑Council Discretion Council Yes, 5, 50% 0 Unclear Discretion, 1, 10% ■Blank No, 2, 20% Yes Votes: One 2-year Term: 1 Two 2-year Terms*: 3 Three Terms: 1 *One person suggested mandatory break before applying again. kis:. To those who have served on a board or commission, or are currently serving: TOTAL RESPONSES: 19 1. Did you apply for more than one board or commission position? i_ Yes, 5, 26% I ®Yes II No No, 14, 74°. illio 2. Have you served on more than one board or commission? Ite"it, Yes, 1, 5% ®Yes ■No No, 18, 95% 1. How did you learn about the vacancy on the board(s) or commission(s) to which you applied? klior Other,3, 13% •Newspaper Vista,2,9% ■Website Word of mouth Newspaper, 12, ['Word of mouth ,3, 13% 52% a Vista •Other Website,3, 13% Other(3): Email, "Multiple ways," Public notice There are more than nineteen responses because respondents heard of vacancies from more than one source 4. Did you attend the Oro Valley Citizens' Planning Institute? No, 6, 32% ®Yes ■Part Part, 2, 11% allo Yes , 11, 57% c, If yes, did you complete it before your appointment or afterwards? Before,4, NA, 3, 16% 21% ■Before ®During ° During , 2, El After Blank,4, 21% 11°/0 0 Blank ■NA After, 6, 31% 6. Did you find that the Citizens' Planning Institute adequately prepared you for your service on the board or commission on which you serve(d)? ■Yes NA or Blank, Yes , 6, 32% 8,41% ■Good Introduction Good Introduction, °No 2, 11% D Previous Previous Knowledge Knowledge, No, 1, 5% ■NA or Blank 2, 11% Good Introduction: Respondents felt that the CPI was a good introduction to planning, but did not fully prepare them. Previous Knowledge: Respondents felt that they had acquired a good deal of knowledge prior to attending 4110'PI. 7. What can be done to improve the Citizens' Planning Institute? Unclear/Blank, 6, 32% Different ■Different Answers ■NA Answers, 10, 0 Unclear/Blank 52% NA, 3, 16% Different Answers: More information about other areas of the town; more role playing and case studies; less speakers; more outside speakers; advanced class; more detailed design guidelines; and more. 8. What additional training do you believe would be useful for members of the board or commission on which you served)? Blank, 5, 26% Different ■Different Answers Too new, 1, 5% All" Answers , 10, is Training adequate o 53/o ❑Too new Training ElBlank adequate , 3, 16% 9. Are the duties and commitment required to serve on the board or commission what you expected them to be? Yes, 16, Blank, 1, 5% 84% ■Yes ■More 0 Blank More, 2, 11% Yes: The duties and requirements met the respondent's expectation. More: The duties and requirements were more than the respondent expected. 10. How long have you lived in Oro Valley? 2 yr or less , 11+years , 2, 1, 5% 11% :: :r:e 3-5 yrs , 8, D6-l0yrs 6-10yrs , 8, 42% 011+years 42% 11. How many total years of volunteer service on boards and commissions have you provided the town? Unclear, 1, 5% ■2 yr or less 2 yr or less, 113-5 yrs 3-5 yrs, 8,i 10, 53% ❑Unclear 42% 411ir --------------- 2. If you are nolonger serving, how longhas it been since you served? g� 3-5 yrs, 1, 5% ■2 yrs or less 2 yrs or less, Serving, 12, ■3-5 yrs 1, 5% 64% 0 Serving Blank, 5, 26% 0 Blank Serving: Respondent is currently serving on board or commission. 13. If each Councilmember had the ability to review all applications and select one member for each of the boards and commissions, how would that affect your opinion of the selection process? For, 1, 5% ■For ■Against Blank, 1, 5% Against, 17, ❑Blank 90% 14. Are you in favor of term limits for volunteer board members and commissioners? If so, how long could each term be, and how many terms should a member be allowed to serve? Council ■Yes discretion, 1, MI No 6% No change, Yes, 14, 0N change 1, 6% 82% ❑Council No, 1, 6% discretion Yes: Fourteen respondents were in favor of term limits and made the following suggestions: Two 2-yr terms: 2 Two 3-yr terms: 5 Other: 7 Council Discretion: One respondent felt it should be left up to the Council. ORO VALLEY FEB 11'89AN1 :47 IOU DEVELOPMENT REVIEW BOARD RECOMMENDATION JANUARY 13, 2009 REGARDING POSSIBLE CHANGES IN THE APPOINTMENT PROCESS OF TOWN OF ORO VALLEY VOLUNTEERS TO BOARDS, COMMISSIONS, COMMITTEES, ADVISORY BOARDS AND TASK FORCES. . . . At their January 13, 2009 regularly scheduled meeting, the Oro Valley Development • Review Board (DRB) passed the following recommendation to the Town Council by a vote of "For" and "Against": Members of the DRB are concerned that they have only limited information about the change in the appointment process that is being contemplated by the Council. DRB members have not been informed as to the reasons for the change being contemplated; what problem(s) with the existing appointment process need to be addressed; what behaviors by members of the bodies in question may have arisen that concern members of the Council; and/or what actions have been taken by the bodies in question that may have given rise to the need for a change in the appointment process. Without such information, it is possible that motivations associated with the proposed change in the appointment process may be ascribed that are unfair and/or unwarranted. However, given the communicated timeframe for possible action on the change being contemplated by Council, members of the DRB conclude they have no alternative but to Lar communicate their reaction to the possible change without the benefit of the information described above that they would prefer having. Given that context, the DRB makes this recommendation. The current process for making appointments to Boards and Commissions encourages citizen participation in Town government by implementing an open and fair application process. Interested citizens applyfor openings, and are judged by a panel composed of a representative from the Town Council, Town Staff, and the respective Board/Commission against other citizens who have applied, based upon their individual qualifications. Citizens who have participated in the Town's Citizens Planning Institute (CPI) are made aware of Board and Commission opportunities as a part of the CPI training process. Frequently, citizens who graduate from the CPI experience are, as a result of that experience, motivated to apply for a Board or Commission position to provide a civic service to their community as a volunteer in such a position. Both participation in the CPI experience and applying to become a Board or Commission member are within the control of the individual citizen and, therefore, empower individual citizens. This process also helps to ensure that a wide range of citizen perspectives is available and considered in the governance of the Town. Members of Boards and Commissions make decisions on the basis of the established criteria applicable to the particular function of that Board/Commission. They provide an unbiased, third party perspective in dealing with the town matters coming before them. They are unencumbered by the possible political ramifications of the recommendations they make. Their judgments are based upon "what is best for the Town of Oro Valley and its residents" as measured against the respective Board charter. As an example, in the case of the DRB, each application is measured against the Zoning Code Design Guidelines. • - At the same time, the current process includes mechanisms to insure appropriate . oversi htPerspective Board and Commission appointees are subject to confirmation by the Niaid g p Town Council; in most cases decisions by Boards and Commissions are subject to review and approval by the Council; and members of Boards and Commissions serve at the pleasure of the Council; all of which serve to ensure that potential system abuses can be effectively managed. In summary, the existing process embodies an open, inclusive, good government ethic that the Town of Oro Valley espouses and has valued. Theosero d change in theappointment of Board and Commission members by having p p each Town Council member appoint one member to the respective Board or Commission represents a dramatic philosophic shift in the process. Members of the DRB believe such a change will have the following consequences: 1. It will constitute a patronage system, whereby no Board or Commission member can serve unless he or she knows or is known by a Council member. 2. It will move control of the process from the individual citizen making a decision to act to become a Board or Commission member, to the individual Council member selecting his or her appointee, thereby, disempowering individual citizens. 3. It will change the CPI process from a motivator of individual citizens to volunteer for Town service, to a training component that Council-appointed Board and Commission members are obligated to complete, potentially limiting the number of"regular" citizens who may be able to participate in the CPI experience. No) 4. It will limit the perspectives on Boards and Commissions to those perspectives represented on the Town Council. 5. It will restrict the opportunities citizens have to participate in Town government. 6. It will politicize the process for making decisions by Boards and Commissions, by making the members of those bodies beholding to the Council Member who appointed them. 7. It will result in the "call to the audience" portion of Board/Commission meetings no longer being perceived as authentic, due to public doubt that Council controlled members are seriously seeking public input prior to making a decision. 8. It will be perceived by citizens as a closed, exclusive system designed by politicians to control points of view and outcomes. Based upon the foregoing, the DRB strongly recommends that the current appointment process for volunteer Boards, Commissions, Committees, Advisory Boards and Task Forces not be changed as contemplated by the Council. DRB members firmly believe that, g iven a choice, Town residents would overwhelmingly favor the current Appointment Process over one of political appointment. Potentially interested resident volunteers now have a view that it"matters what you know, not who you know" if you wish to influence Oro Valley's future through volunteer service. That view will, in our gone,n op iionbe if the political appointment process is adopted, which would be a detriment to our community. TOWN OF ORO VALLEY Page 1 of 2 COUNCIL COMMUNICATION MEETING DATE: 02/18/09 TO: HONORABLE MAYOR AND COUNCIL FROM: TOBIN ROSEN, TOWN ATTORNEY SARAH S. MORE, PLANNING AND ZONING DIRECTOR 12 SUBJECT: RESOLUTION NO. (R)09 — ADOPTING A TOWN POLICY RELATING TO PROPOSITION 207 ISSUES IN LAND USE MATTERS EXECUTIVE SUMMARY: At the January 7, 2009, Town Council Meeting, staff was directed to bring forward a Townolic relatingto p y Proposition 207 claims. The Town Council will consider adoption of Resolution (R)09-12 establishing policy olicy regarding Proposition 207 waivers. BACKGROUND INFORMATION: Proposition 207 was a voter approved initiative that amended state law in 2006 relating to eminent domain and private property regulation by governments in Arizona. The proposition added several sections to the eminent domain statutes, including A.R.S. Section 12-1134, which requires the payment of just compensation to private property owners in the event that governmental regulation of their property results in a diminution of property p y -clue. A.R.S. Section 12-1134(A)provides: "If the existing rights to use, divide, sell or possess private real property are reduced by the enactment or applicability of any land use law enacted after the date the property is transferred to the owner and such action reduces the fair market value of the property the owner is entitled to just compensation from this state or the political subdivision of this state that enacted the land use law." The statute goes on to provide for a mechanism under which the government may avoid thep y a ment of damages if it repeals or waives enforcement of the land use provision that causes the reduction in value. It also allows property owners to waive any claims for diminution in value under the statute for any action that the owner requests, such as a rezoning. Both prior to and following the adoption of Proposition 207, it has been the practice of the Town of Oro Valley to regulate uses of real property in any lawful manner to preserve and enhance the quality of neighborhood . g development and to protect surrounding property uses. The desire of the Town to increase the qualityof life for . surrounding residents is directly impacted by the specter of damages under Proposition 207 in the event an owner claims that restrictions imposed by the Town upon the use of the owner's property have diminished the value of the property. There have been no Proposition 207 claims filed against the Town. TOWN OF ORO VALLEY Page 2 of 2 COUNCIL COMMUNICATION MEETING DATE: 02/18/09 NSF- PROPOSED TOWN POLICY: Based on the Council's direction to establish a policy regarding the Town's position on potential Proposition 207 claims, the Town Attorney and the Planning and Zoning Director have collaborated in the preparation of the attached draft policy regarding land use decisions. The draft policy takes into account the restrictions upon governmental action that were imposed by Proposition 207. The goal of this policy is to continue to maximize the ability of the Town's elected officials and staff to seek creative and innovative ways to ensure that proposed uses of real property have a beneficial and complimentary impact upon the Town in general and surrounding uses in particular while carrying out the intent of the General Plan that the voters of Oro Valley have approved. The policy also seeks to minimize potential claims for damages by affected property owners under Proposition 207 by encouraging the use of waivers to the greatest extent possible during the development process. FISCAL IMPACT: Adoption of the attached policy by the Town should have a positive, although difficult to quantify, fiscal impact upon Town operations. To the extent that the policy will minimize any potential claims for damages from Proposition 207 takings, it should benefit the Town's overall financial posture over time. SUGGESTED MOTIONS: I move to approve the proposed policy with regard to the application of Proposition 207 to land use decisions within the Town of Oro Valley and to direct staff to implement such policy. ATTACHMENTS: Resolution(R)09-12 1. Draft Proposition 207 Waiver To•in = . - , ; .. - aal- jekak .."7/6(6 Sarah S. More, Planning and Zoning Director Je = e Watson, Assistant Town Manager 644441 al4(14.A. David Andrews, Town Manager F:OV.Prop_207 RESOLUTION NO. (R) 09- 12 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, ADOPTING THE TOWN OF ORO VALLEY PROPOSITION 207 POLICY RELATING TO LAND USE MATTERS 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, Proposition 207 was a voter approved initiative which amended state law in 2006 relating to eminent domain and private property regulation by governments in Arizona; and WHEREAS, Proposition 207 added several sections to Arizona statutes including A.R.S. § 12- 1134 et seq., which requires the payment of just compensation in the event that governmental regulation of their property results in a diminution of their property value; and WHEREAS, the Town desires to establish a policy regarding the application of Proposition 207 to Town land use matters; and WHEREAS, the goal of the Proposition 207 Policy, attached hereto as Exhibit "A", is to maximize the ability of Town elected officials and staff to seek creative and innovative ways to ensure that proposed uses of real property have a beneficial and complimentary impact upon the Town in general and surrounding uses in particular while carrying out the intent of the General Plan; and WHEREAS, it is in the best interest of the Town to adopt the policy regarding the application of Proposition 207 to land use matters, attached hereto as Exhibit "A". NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Oro Valley, Arizona, that the Town of Oro Valley Policy regarding the application of Proposition 207 to land use matters, attached hereto as Exhibit "A", is adopted and approved. BE IT FURTHER RESOLVED that 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. (kW F:\Planning&Zoning\Regulatory Taking-Prop 207\resolution adopting policy.doc Town of Oro Valley Attorney's Office/ca/012809 PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona, this 18th day of February , 2009. Ned TOWN OF ORO VALLEY Paul H. Loomis, Mayor ATTEST: APPROVED AS TO FORM: Kathryn E. Cuvelier, Town Clerk Tobin Rosen, Town Attorney Date Date • Exhibit "A" • • Town of Oro Valley Proposition 207 Policy The Town of Oro Valley is committed to innovative land use policies and regulations that protect and enhance the quality of life for current and future residents and businesses within the community. The Town is also committed to follow the requirements of state law with regard to the effect of land use rules and regulations upon vested rights to the development and use of privately owned property. General Plan policy 1.2 requires the Town to "maintain Oro Valley's distinct identity consistent with community values" and policy 1.4 indicates that the Town will "proactively guide future development in the Planning Area." More specific policies guide the development process to require mitigation of negative impacts, protection of existing neighborhoods, and to encourage a high level of design quality. It is the policy of the Town that newly enacted development and land use rules, regulations and ordinances shall, to the maximum extent allowable under state law, provide for the achievement of the goals of the adopted General Plan of the Town, as amended. It is the policy of the Town that applicants for property rezonings shall commit to the furtherance of the goals of the General Plan and the Town's land use rules, regulations and ordinances, and to that end, all applicants for rezonings and other discretionary land use decisions of the Town shall execute binding waivers of the right to seek damages from the Town for diminution in the value of their real property as a result of the application of any existing or newly-enacted land use rules, regulations and ordinances to their property pursuant to A.R.S. section 12-1134(1). These waivers shall specifically include claims for damages resulting from any concessions made or conditions agreed to by developers in the course of any development process within the Town. • When recorded, please return to: Town of Oro Valley Town Clerk's Office 11000 N. La Canada Dr. Oro Valley,AZ 85737 CONSENT TO CONDITIONS/WAIVER FOR DIMINUTION OF VALUE (Property owned by one or more entities) The undersigned is the owner of the parcel of land described in Exhibit A attached hereto that is the subject of Rezoning Application No. . By signing this document, the undersigned agrees and consents to all the conditions imposed by the Town Council of the Town of Oro Valley in conjunction with the approval of Rezoning Application No. and waives any right to compensation for diminution in value pursuant to Arizona Revised Statutes § 12-1134 that may now or in the future exist as a result of the approval of Rezoning Application No. Dated this day of OWNER: [Entity name and descriptions] By: Print Name Sign Name Its: [Title] State of County of On before me, (notary name), personally appeared personally known to me OR proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature Nor F:OV.Prop_207 TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: February 18, 2009 ‘iw TO: HONORABLE MAYOR & COUNCIL FROM: Kathryn Cuvelier, Town Clerk SUBJECT: RESCHEDULING THE COUNCIL REGULAR MEETING FROM WEDNESDAY, MARCH 18, 2009 TO WEDNESDAY, MARCH 25, 2009 SUMMARY: A request has been made to reschedule the March 18, 2009 Council regular meeting to March 25, 2009 due to some council members being out of town on that date. SUGGESTED MOTION: I MOVE to reschedule the March 18, 2009 Council regular meeting to Wednesday, March 25, 2009 ..or I MOVE to Ka n E. Cuvelier, Town Clerk David A e ews, Town Ma aver TOWN OF ORO VALLEY 6 -OUNCIL COMMUNICATION %kw MEETING DATE: February 18, 2009 TO: HONORABLE MAYOR & COUNCIL FROM: Kathryn Cuvelier, Town Clerk SUBJECT: CONSIDERATION AND POSSIBLE ACTION TO RECONSIDER MODIFYING AND INCREASING THE ADOPTED FY 2008/09 TRAVEL BUDGET FOR MAYOR PAUL LOOMIS SUMMARY: This item was considered by the Mayor and Council on February 4, 2008. "MOTION: A motion was made by Council Member Kunisch and seconded by Council Member Abbott to approve the requested $2500.00 increase for Mayor Loomis' travel budget taking $1250.00 from Council Member Kunisch's travel budget and $1250.00 from Council Member Abbott's travel budget. MOTION carried 4 - 3 with Vice Mayor Carter, Council Member Garner and Council Member Latas opposed." ►until Member Gillaspie has requested that this item be reconsidered. Under Rule 11.1 of the Town Council Parliamentary Rules & Procedures and Code of Conduct, reconsideration of any action taken by Council must be by motion of a Council Member who was on the prevailing side of the original vote. Under Rule 11.1 (B), the motion must be filed with the Town Clerk and the item will then be placed on the agenda prior to the next regularly scheduled Council meeting. At the time of that meeting, before the item may be considered, there must be a second to the motion to reconsider. The rule is silent as to whether the second must also come from the prevailing side of the original motion, which indicates that anyone may second the motion regardless of their original vote. Rule 11.1(C) says that if the motion for reconsideration fails, then the Council will skip the next agenda item, which will be the discussion and vote of the original issue. Rule 11.1 (D) says that if the motion to reconsider was successful, the Council will continue that item to a specific date in the future. Therefore, while Rule 11.1(C) seems to imply that the original item could have been voted on immediately if the motion to reconsider had not failed, Rule 11.1(D) says that if the motion is successful, the item will be continued to a specific date in the future, and therefore would not be acted upon immediately. The Town Attorney has stated that as long as the original item is properly agendized for reconsideration, there is no reason under the open meeting law that Council could not reconsider the original item at the same meeting where the motion for reconsideration is made, if the motion is successful. ATTACHMENT: Request for reconsideration from Council Member Barry Gillaspie dated February 10, 2009. K TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 7 SUGGESTED MOTION: I MOVE to RECONSIDER or If the motion to reconsider fails - No further action is taken. f i,r,'.. :7'. C,c,e_.1 C..e,4-'" Kathryn Cuvelier, Town Clerk 6 4.4. , - ..,„,„. . . David Andrews, Town Manager Page 1 of 1 4 Cuvelier, Kathryn ,,In: Rosen, Tobin Sent: Tuesday, February 10, 2009 3:08 PM To: Cuvelier, Kathryn Subject: FW: Reconsideration FYI, here is Barry's motion. From: Gillaspie,Barry Sent: Tuesday, February 10, 2009 10:01 AM To: Andrews, David; Rosen, Tobin Cc: Watson, Jerene Subject: Reconsideration I am requesting that the agenda item from February 4th regarding the mayor's travel budget be put back on the agenda for reconsideration after the travel agenda item requested by Councilmember Abbot for Feb 18th. I would like the reconsideration and an agenda item redecide funding for the Mayors travel budget on the 18th . Sincerely, Barry Gillasipe B 'illaspie Councilman Town of Oro Valley bgillaspie@orovalleyaz.gov 520-260-4061 kir 2/11/2009 r A TOWN OF ORO VALLEY 7 Page 1 of 1 COUNCIL COMMUNICATION MEETING DATE: 2/18/09 TO: HONORABLE MAYOR & COUNCIL FROM: DAVID ANDREWS, TOWN MANAGER SUBJECT: CONSIDERATION AND POSSIBLE ACTION TO MODIFY AND INCREASE THE ADOPTED FY 2008/09 TRAVEL BUDGET FOR MAYOR PAUL LOOMIS SUMMARY: Attached is the original council communication and information provided at the February 4, 2009 Town Council meeting in regards to this item. SUGGESTED MOTION: The Council may wish to consider on of the following motions: I move to approve ... OR 4iiir move to ... ATTACHMENTS: 1. Original Council Packet—Item F from February 4, 2009 64' <, ai ' '1,(41 ''A- A.,,,2----'-- David Andrews, Town Manager TOWN OF ORO VALLEY Page 1 of 2 '.:OUNCIL COMMUNICATION MEETING DATE: FEBRUARY 20 nn 4, **410— TO: HONORABLE MAYOR & COUNCIL FROM: DAVID ANDREWS, TOWN MANAGER SUBJECT: CONSIDERATION AND POSSIBLE APPROVAL TO MODIFY AND INCREASE THE ADOPTED FY 2008/09 TRAVEL BUDGET FOR MAYOR PAUL LOOMIS SUMMARY: The adopted FY 2008/09 Budget provides a `travel' budget limit of$5,000 for each Council member. As of December 31, 2008, Mayor Loomis has expended $3,669.99 with a remainingbalance of$1,330.01. Pursuant to Town Council Policy No. 3, Section II—Policy, Paragraph 3 which states Council'Any Member that may desire to exceed their travel and training budget amount will require approval of the Town pp Council prior to making travel arrangements ...', Mayor Loomis is requesting a $2,500 increase to his FY 2008/09 'travel' budget due to anticipated events that he would like to participate in duringthe remainder of p FY 2008/09. This increase will give Mayor Loomis a total `travel' budget of for the fiscal g $7,500year. FISCAL IMPACT: N.,00 Funding for Mayor Loomis' $2,500 travel budget increase will be transferred from the General Administration Contingency/Reserve Fund. RECOMMENDATION: Recommend to modify the FY 2008/09 Town budget by transferring $2,500 from the General Administration nistration Contingency/Reserve Fund to the Mayor's travel budget. SUGGESTED MOTION: The Council may wish to consider on of the following motions: I move to approve the requested $2,500 increase to Mayor Loomis' FY 2008/09 travel budget. OR I move to ... - TOWN OF ORO VALLEY Page 2 of 2 COUNCIL COMMUNICATION MEETING DATE: FEBRUARY 4, 200' ATTACHMENTS: 1. Town Council Policy No. 3 2. Report— `Travel, Training and Miscellaneous Meeting Expenses through 12/31/2008' for Mayor Paul Loomis O/d-a:a ry(I 1\44_4_ David Andrews, Town Manager Policy No. 3 No) TOWN COUNCIL POLICY Date of Adoption' 12/3/2008 Date of Revision 12n/?nng TITLE: Council Member.Travel and Trip Reports Page 1 of 2 Purpose and Need for Policy The purpose of this policy is to establish a protocol for travel and training outside of the Tucson metropolitan area engaged in by Town Council Members. II. Policy It is the policy of the Council that all Town Council Members be provided an identical travel and training budget amount each fiscal year. This amount, which may vary from fiscal year to fiscal year,_is available for Council Members to use at their own discretion for travel and training up to the total budgeted amount. In order to provide the entire Council with the opportunity to offer questions or information relevant to a particular trip or training, a Council Member traveling or vie) attending training outside of the Tucson metropolitan area should give at least two (2) weeks written notice of any trip or training to Council Members not attending. Any Council Member that may desire to exceed their travel and training budget amount will require approval of the Town Council prior to making travel arrangements and therefore is not subject to the paragraph above. Upon return from any, travel or training outside of the Tucson metropolitan area, Council Members will be required to complete a trip report detailing the purpose of the trip/training and information gathered during the trip/training to be placed on a consent agenda within 30 days of their return. Any Council Member that fails to place a trip report on a consent agenda within 30 days of their return will be required to pay the total amount of the travel or training costs. If the trip was paid for on a Town credit card, the Council Member will be responsible for refunding the money to the Town within 60 days of their return. In the event that the money is not refunded within 60 days, the Town will recuperate their costs from the Council Member's paycheck. IML A SONNY a) > 4- Rfit O > 0. 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