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**AMENDED (01/16/09, 9:00 AM) AGENDA ORO VALLEY TOWN COUNCIL REGULAR SESSION JANUARY 21, 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 A.R.S. Section 38-431.03(A)(3) for discussion and advice from the Town Attorney regarding re ardin economic development agreements in light of the recent Court of Appeals decision in Turken v. Gordon RESUME REGULAR SESSION AT OR AFTER 6:00 PM CALL TO ORDER ROLL CALL 4 PLEDGE OF ALLEGIANCE UPCOMING MEETING ANNOUNCEMENTS -- TOWN MANAGER COUNCIL REPORTS DEPARTMENT REPORTS TOWN MANAGER'S REPORT - Informational Items The Mayor may he and Councilconsider 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 mayask 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 maynot discuss or take legal action on matters raised during y "Call to Audience." In order to speak during "Call to Audience" please specify whatY ou wish to discuss when completing the blue speaker card. PRESENTATION: PAUSE FOR PAWS 1 . CONSENT AGENDA (Consideration and/or possible action) A. Minutes - 01/07/09 01/21/09 Agenda, Council Regular Session 2 B. Economic Development Division MonthlyReport - December p 2008 C. Appointment of two Council members to the Community Funding Subcommittee which will make recommendations on funding of community agencies to the Town Council D. OV5-08-05 Approval of public art for the Sanofi-Aventis Research Center, known as "Gathering Garden and Century Plant sculpture," located on the southeast corner of Innovation Park Drive and Rancho Vistoso Boulevard E. Resolution (R)09-05 To re-convey four Utility Easements to Stone Canyon, LLC in exchange for two Utility Easements F. Resolution (R) 09-06 Approving and Authorizing Revised Residential and Commercial Development Plan Review Fees 2. DISCUSSION AND CONSIDERATION OF FUNDING REQUEST BY THE GREATER ORO VALLEY ARTS COUNCIL FOR THE 2009 INDEPENDENCE DAY CELEBRATION 3. 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 4. UPDATE, DISCUSSION AND POSSIBLE ACTION ON TOWN OF ORO VALLEY BOND PROJECT SUBMISSIONS FOR THE PIMA COUNTY BOND PACKAGE 5. RESOLUTION NO. (R)09-07 APPROVING THE TOWN'S ANNUAL LEGISLATIVE AGENDA AND PROTOCOLS GUIDING THE TOWN'S PRIORITIES FOR THE UPCOMING LEGISLATIVE SESSION AND ANY LOBBYING ACTIVITIES 6. **POTENTIAL DIRECTION TO TOWN STAFF RELATING TO ECONOMIC DEVELOPMENT AGREEMENTS 7. 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 bep laced 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 p Y what you wish to discuss when completing the blue speaker card. 01/21/09 Agenda, Council Regular Session 3 tho ADJOURNMENT POSTED: 01/09/09 **AMENDED AGENDA POSTED: 01/16/09 4:00 p.m. (cp) 9:00 a.m. (cp) When possible, a packet of agenda materials as listed above is available for public inspection at least 24 hours prior to the Council meeting in the office of the Town Clerk between the hours of 8:00 a.m. — 5:00p.m. The Town of Oro Valley complies with the Americans with Disabilities Act (ADA). If anyperson 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. 4 INSTRUCTIONS TO SPEAKERS Members of the public have the right to speak during any posted public hearing. However, those items not listed as a public hearing are for consideration and action by the Town Council during the course of their business meeting. Members of the public may be allowed to speak on these topics at the discretion of the Chair. Ify ou wish to address the Town Council on any item(s) on this agenda, please completecomplete a speaker card located on the Agenda table at the back of the room andg ive 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. MINUTES ORO VALLEY TOWN COUNCIL REGULAR SESSION January 7, 2009 ORO VALLEY COUNCIL CHAMBERS 11000 N. LA CANADA DRIVE REGULAR SESSION CALL TO ORDER at 5:00 p.m. ROLL CALL PRESENT: Paul Loomis, Mayor Al Kunisch, Vice Mayor Paula Abbott, Council Member K.C. Carter, Council Member Bill Garner, Council Member Barry Gillaspie, Council Member—joined Executive Session via telephone Salette Latas, Council Member EXECUTIVE SESSION AT OR AFTER 5:00 PM MOTION: A motion was made by Vice Mayor Kunisch and seconded by Council Member Abbott to go into Executive Session at 5:02 p.m. pursuant to ARS 38- 431.03A(1) Town Attorney's Annual Performance Evaluation. MOTION carried, 6-0. MOTION: A motion was made by Council Member Carter and seconded by Vice Mayor Kunisch to go out of Executive Session at 5:45 p.m. MOTION carried, 7-0. RESUME REGULAR SESSION CALL TO ORDER at 6:00 p.m. ROLL CALL PRESENT: Paul Loomis, Mayor Al Kunisch, Vice Mayor Paula Abbott, Council Member K.C. Carter, Council Member Bill Garner, Council Member Barry Gillaspie, Council Member Salette Latas, Council Member PLEDGE OF ALLEGIANCE - Mayor Loomis led the audience in the Pledge of Allegiance. r . • 1/07/09 MINUTES, TOWN COUNCIL REGULAR SESSION 2 - Town Manager UPCOMING MEETING ANNOUNCEMENTS David Andrews reviewed the upcoming Town meetings. COUNCIL REPORTS Vice Mayor Kunisch requested that the Town Manager research the possibility of creating a bulletin page on the Town's website to post notices regarding lost p g animals. DEPARTMENT REPORTS Chief Sharp reported that the Citizen's Volunteer Assistance Program celebrated its tenth anniversary. He stated that the volunteers have totaled over 145,000 r over thepast ten years which equated to 7 full time positions annually. He hours thanked the nearly 100 volunteers that make the program possible. TOWN MANAGER'S REPORT - No report. CALL TO AUDIENCE Southern Arizona Home Builders Association (SAHBA) Government Liaison David Godlewski meetings on Sahba stated that to raise development plan review fees would be devastating for builders at this time. He requested that Council consider alternatives such as phasing in the fees or delaying the increase until economic conditions improve. He also addressed gray water, water harvesting and solar ordinances that Council will be considering in 2009. He offered SAHBA's assistance with the drafting of the ordinances. PRESENTATIONS 1. PAUSE FOR PAWS Council Member Latas introduced Foundation for Animals In Risk (FAIR) volunteer Cathy Holman. She presented four German Shepherd mix puppies that would be up for adoption at the PETsMART on Thornydale on January 17. It was noted that: • The adoption tion fee of $99 included sterilization, microchip, and vaccinations. • The number of foster homes available enabled the number of animals that could be rescued. • Donations could be made to FAIR. 2. PRESENTATION OF PLAQUE OF APPRECIATION TO DAVID GRIGSBY FOR HIS SERVICE ON THE PUBLIC ART REVIEW COMMITTEE FROM JUNE 1997 TO DECEMBER 2008 Mayor Loomis presented a plaque to David Grigsby in appreciation for his service to the Town. r i • 1/07/09 MINUTES, TOWN COUNCIL REGULAR SESSION 3 3. PRESENTATION BY RICHARD DEBERNARDIS OF PERIMETER BICYCLING ASSOCIATION OF AMERICA TO THANK THE TOWN COUNCIL FOR THEIR SUPPORT OF THIS YEAR'S EL TOUR DE TUCSON Richard DeBenardis of the Perimeter Bicycling Association of America thanked Council for the integral role that the Town played in El Tour de Tucson. He presented posters and shirts to the Council noting that the Town was recognized on thep oster as its own entity. He specifically thanked the Oro Valley Police Department for their support. 4. HEALTHIEST TOWN IN AMERICA INITIATIVE KICK-OFF EVENT AT THE ORO VALLEY MARKETPLACE, JANUARY 17, 2009 Human Resources Director Sandra Abbey introduced Dr. Robert Oro. Dr. Oro noted that the event at the Oro Valley Marketplace would be held between 10:00 a.m. and 2:00 p.m. on January 17, 2009. 5. PRESENTATION BY JOE SNELL, TREO'S PRESIDENT AND CHIEF EXECUTIVE OFFICER REGARDING TUCSON REGIONAL ECONOMIC OPPORTUNITIES, INC. CURRENT EFFORTS AND DAVID WELSH, TREO'S SR. VICE PRESIDENT, STRATEGIC PARTNERSHIPS WILL DISCUSS SPECIFIC EFFORTS AFFECTING ORO VALLEY Economic Development Specialist Amanda Jacobs introduced Tucson Regional Economic Opportunities (TREO) President Joe Snell and Vice President David Welsh. Mr. Snell stated that TREO worked to recruit and expand jobs. He noted that they focused their efforts on the following industries: • Aerospace and Defense • Biosciences • Solar • Transportation & logistics He stated that the Town successfully attracted businesses in the field of bioscience. He noted that: • These were targeted industries because of the higher wages associated with them. • Pima County was named the #1 mid-sized county in the nation for business recruitment and attraction. Mr. Snell noted that TREO was closing the wage gap as they continue to draw moreq uality jobs to the area. He proceeded to review TREO'S achievements for southern Arizona since 2005. He explained the return on the investment in TREO since 2005: • $1 billion total economic impact with 26 successful projects • For every $1 invested in TREO, $76 was returned to the community in new wealth. 1/07/09 MINUTES, TOWN COUNCIL REGULAR SESSION 4 1. CONSENT AGENDA (Consideration and/or possible action) Council Members pulled items G, A and H for discussion. MOTION: A motion was made by Council Member Carter and seconded by Council Member Abbott to approve the Consent Agenda with the exception of items A, G and H. MOTION carried, 7-0. A. Minutes - November 19, December 3, 10, 17, 2008 MOTION: A motion was made by Council Member Latas and seconded by Council Member Gillaspie to approve the minutes with changes. MOTION carried, 7-0. B. Police Report - November 2008 C. Report regarding Bond Rating Upgrade on the Town's 2003 Excise Tax Revenue Bonds D. Approval of request for sponsorship of the First Things First Partnership Council Public meeting scheduled for Friday, January 16th from 10:00 a.m. to 2:00 p.m. E. Acceptance of the Alternative Water Resources Development Impact Fees Revenue Report dated December 16, 2008 F. Resolution No. (R)09 - 01 Approving an Intergovernmental Agreement between the Town of Oro Valley and the Town of Marana for Water Service to the New Life Baptist Church G. Resolution No. (R)09 - 02 Approving Amendment Number 1 to the Intergovernmental Agreement between the Regional Transportation Authority of Pima County and the Town of Oro Valley to utilize additional Regional Transportation Authority (RTA) Funds for a Park and Ride location at Riverfront Park Discussion noted that bus stops have been approved, though a proposed park and ride located at La Canada Drive and Magee Road has not, to date, been approved. MOTION: A motion was made by Council Member Garner and seconded by Council Member Abbott to approve Item G. MOTION carried, 7-0. H. Resolution No. (R)09 - 03 Adoption of the Town of Oro Valley Strategic Plan for 2009 Discussion noted the following: • 1/07/09 MINUTES, TOWN COUNCIL REGULAR SESSION 5 • The Strategic Plan was important and should be fully implemented. • The new vision statement should be noted below the Town's logo. MOTION: A motion was made by Council Member Garner and seconded by Council Member Carter to approve Item H. MOTION carried, 7-0. I. Mayor & Council Trip Reports - December 2008 J. Appointment of Stephen Dean as the Town's citizen representative on the Pima Association of Governments Environmental Planning Advisory Committee with term effective January 7, 2009 - June 30, 2011 2. ELECTION OF VICE MAYOR EFFECTIVE JANUARY 07, 2009 - DECEMBER 31, 2009 Town Attorney Tobin Rosen reviewed the duties of the Vice Mayor. Mayor. Council Member Abbott nominated K.C. Carter for Vice Ma y Vice Mayor Kunisch nominated Salette Latas for Vice Mayor. NOMINATION of K. C. Carter carried, 6-1 with Mayor Loomis opposed. NOMINATION of Salette Latas failed, 1-6 with Vice Mayor Kunisch, Council Member Abbott, Council Member Carter, Council Member Garner, Council Member Gillaspie, and Council Member Latas opposed. PUBLIC HEARINGS - ITEMS 3A & 3B: Mayor Loomis opened the public hearing for Items 3A & 3B. There being no speakers, the public hearings were closed. 3A. RESOLUTION NO. (R)09 - 04 AMENDING THE "AMENDING THE PLAN" SECTION OF THE GENERAL PLAN TO REQUIRE NEIGHBORHOOD MEETINGS PRIOR TO SUBMITTAL OF ANY GENERAL PLAN AMENDMENT APPLICATION AND TO CHANGE THE SUBMITTAL TIMEFRAMES (0V7-08-09) Explanation: The proposed General Plan text amendment requires that neighborhood meetings be held prior to the submittal of General Plan amendment applications and changes the submittal time frames. Planning and Zoning Director Sarah More introduced the item stating that the purpose of these amendments was to require applicants to resolve issues with the neighborhood prior to submitting plans to the Town. She noted that 38,000 notices were mailed to property owners last year. It was noted that other jurisdictions require applicants to hold neighborhood meetings prior to submittal. 1/07/09 MINUTES, TOWN COUNCIL REGULAR SESSION 6 MOTION: A motion was made by Council Member Gillaspie and seconded by Council Member Abbott to approve Resolution No. (R)09-04 OV7-08-09 Planning and Zoning Department's request for a General Plan text amendment to require neighborhood meetings prior to the submittal of the General Plan amendment application and change the submittal time frames to require that neighborhood meetings must occur within a range of time of not more than four months and no less than two weeks prior to the submittal of an application with the addition that the meetings be facilitated by the Town of Oro Valley and directed Staff to develop Standard Operating Procedures for those meetings. MOTION carried, 7-0. 3B. ORDINANCE NO. (0)09 - 01 AMENDING SECTION 22i, GENERAL PLAN AMENDMENT PROCEDURES, OF THE ORO VALLEY ZONING CODE REVISED (0V7-08-10) Explanation: The proposed amendments to the Oro Valley Zoning Code Revised requires neighborhood meetings to be held prior to the submittal of General Plan amendment applications and changes submittal time frames. Council Member Abbott suggested that General Plan Amendments be brought before Council in October rather than November to avoid the Holiday season. MOTION: A motion was made by Council Member Gillaspie and seconded by Council Member Latas to approve Ordinance No. (0)09-01 OV7-08-10 Planning and Zoning Department requests approval of Zoning Code text amendment to require neighborhood meetings prior to the submittal of the General Plan amendment applications and change submittal time frames with the addition that the meetings be facilitated by the Town of Oro Valley. MOTION carried, 7-0. 4. FUTURE AGENDA ITEMS Council Member Abbott requested that Staff develop a Prop 207 policy and have it brought before Council by the February 18, 2009 Council meeting. Council Member Gillaspie seconded the request. Council Member Gillaspie inquired about his request regarding when Council direction to Staff for the Citizens Planning Institute would come before Council. Council Member Abbott inquired as to when her request for information on sustainability policies for surrounding municipalities would be placed on an agenda. Town Manager David Andrews stated that it has been slated for a study session in February. CALL TO AUDIENCE - There were no speakers. 1/07/09 MINUTES, TOWN COUNCIL REGULAR SESSION 7 ADJOURNMENT MOTION: A motion was made by Vice Mayor Carter and seconded by Council Member Kunisch to adjourn at 7:13 p.m. MOTION carried, 7-0. Prepared by: Christina Pickering Senior Office Specialist I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular session of the Town of Oro Valley Council of Oro Valley, Arizona held on the 7th day of January 2009. I further certify that the meeting was duly called and held and that a quorum was present. Dated this day of , 2009. Kathryn E. Cuvelier, CMC Town Clerk r B TOWN OF ORO VALLEY Page 1 of 1 COUNCIL COMMUNICATION MEETING DATE: January 21, 2009 TO: HONORABLE MAYOR& COUNCIL FROM: Amanda Jacobs,Economic Development Specialist SUBJECT: Economic Development Division Monthly Report SUMMARY: Attached is a status report from December 1, 2008 —December 31, 2008. 1 ATTACHMENTS: 1. 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(/' p I (1) *E-o �2 a� o -1-• ocoo 6.• -I/ � Q v) 0 a v) '--- Z • TOWN OF ORO VALLEY Page 1 of 2 'OUNCIL COMMUNICATION MEETING DATE: 01/21/09 %by TO: HONORABLE MAYOR AND COUNCIL FROM: TORY SCHLIEVERT,MANAGEMENT ASSISTANT SUBJECT: APPOINTMENT OF TWO COUNCIL MEMBERS TO THE COMMUNITY FUNDING SELECTION SUBCOMMITTEE WHICH WILL MAKE RECOMMENDATIONS ON FUNDING OF COMMUNITY AGENCIES TO THE TOWN COUNCIL SUMMARY: On September 19, 2007, the Town Council adopted policy guidelines and procedures for the Community Funding Program to fund community agencies who request support and financial aid from the Town. In fiscal year 2008-09, the Town funded 13 organizations that provide exceptional service and g pro rammin to enhance programming the values of the community, preserve the unique cultural heritage of the area, and promote a positive image. Last year at the guidance of the Council, staff was asked to establish a five-person subcommittee that included two members of the Town Council to review the applications submitted by community agencies. Each agency was asked to make a short presentation to the subcommittee as part of the evaluation of their application. This method proved to be very effective in making recommendations to the Council however, due to the late addition of the subcommittee in the first year, initial subcommittee recommendations were not available until after the -own Manager's Recommended Budget was distributed. In order to have the subcommittee's recommendation IllliIncluded in the Town Manager's Recommended Budget this year, staff would like to identify the subcommittee members in advance. This will allow extra time to schedule the agency presentations and have the subcommittee's recommendation to the Finance Department. FISCAL IMPACT: As noted at the time the policy was adopted, funding for these requests will be placed in the General Administration budget with an amount to be determined by the recommendation of the subcommittee and the vote of the Town Council. Funding for agencies like TREO, the Metropolitan Tucson Convention and Visitors Bureau and others that are funded through the Economic Development budget will continue to be funded using Economic Development dollars. RECOMMENDATION: Staff recommends that the Town Council appoint two Council Members to the Community Funding Subcommittee. TOWN OF ORO VALLEY Page 2 of 2 COUNCIL COMMUNICATION MEETING DATE: 01/21/04 -.we- SUGGESTED MOTIONS: I move to appoint Council Members and to serve on the Community Funding Selection Subcommittee and bring back a recommendation on funding amounts per agency request to the Town Council. Ilk: Li fi 4 .4 ory Sc eve , Management Assistant aid avkiA,./) , David Andrews, Town Manager TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: January 21, 2009 O: HONORABLE MAYOR AND COUNCIL FROM: Sarah S. More, Planning& Zoning Director SUBJECT: 0V5-08-05, sanofi-aventis, represented by Rebecca Thompson and Joe Tyler, requests approval Y q pp of a public art proposal for the sanofi-aventis research center, located on the southeast corner of Innovation Park Drive and Rancho Vistoso Blvd. EXECUTIVE SUMMARY OF APPLICATION: The proposal entails an outdoor gathering garden to be located north of the building, near the intersection of Innovation Park Drive and Rancho Vistoso Boulevard. There will also be a century plantsculpture scul ture located at the southeast end of the parking area, located at the end of the entry drive. Staff has reviewed the submittal and finds that it meets the requirements of the public art code current at the time of submittal (11/24/08). Following are staffs findings of fact: • The art budget exceeds the required 1% of construction cost required by code as the applicant has based their art budget on the total project cost rather than just the building valuation. The g landscap in in the garden area is not included in the public art budget. Please refer to Pages 81 and 82 of the attached submittal for additional details. • The gathering garden area will be accessible to visitors and employees alike and willp rovide a valuable tor amenity for gathering, contemplation, and reflection. • The gathering garden and century plant sculpture are both harmonious and congruent with the architectural design and theme of the primary building. Both public art elements are appropriate for the site and will be complementary to the overall design of the project. ART REVIEW COMMISSION (ARC)RECOMMENDATION: The ARC reviewed the proposal on December 16, 2008 and voted (3-1)to recommend approval, subject to the conditions in Exhibit"A". BACKGROUND: Current Site Conditions: • Total Parcel Size: 11.54 acres • General Plan Designation: Commerce/Office Park(COP); Zoning: PAD Campus Park Industrial (CPI) Proposed Improvements: • Two-story office/research building with a building height of 32' above finished floor and a maximum allowable building height of 36' and 3 stories • A second phase is proposed for future development. • This project is designed to achieve a Leadership in Energy and Environmental Design (LEED) certified rating. torpprovals to Date: • On September 19, 2007, the Town Council voted to approve the development plan for the research center buildings (OV12-06-29). • On October 7, 2008, the Art Review Commission held a pre-application meeting to discuss thep ublic art proposal. The proposal has been modified to eliminate the interior sculpture element. ART REVIEW COMMITTEE COMMUNICATION Page 2 of 2 ,4001 OVZCR COMPLIANCE: The proposed artwork meets the construction cost requirement of one percent (1%) for the site. As required by Section 27.3,the artwork will be available for public viewing more than 40 hours a week. SUMMARY OF FACTORS: Findings in Favor: 1. The proposal meets the OVZCR. 2. ARC recommended approval. 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] OV5-08-05, Public Art proposal for the sanofi-aventis research center. # pike Sarah S. More, Planning and Zoning Director Jere e Watson, Assistant Town Manager D d Andrews, Town Manage- Attachments: ana erAttachments: 1. Public Art Proposal cc: Beth Koch, sanofi-aventis, Fax: 877-5997 Kate Marquez, GOVAC, Fax: 531-9225 F:\OV\OV5\2008\5-08-05 EXHIBIT A OV5-08-05 SANOFI-AVENTIS PUBLIC ART 1. Two weeks prior to establishing the public art on site, the applicant must notify Art Review Commission of the date, time, and location of placement. 2. Prior to final placement of the public art, the Art Review Commission shall verify the following: a. The art physically matches the concept presented within the application. b. The art is placed in a manner to maximize the exposure and aesthetics. 3. The Improvement Plans must be revised to adjust grading for the proposed public art garden area. Approval of the revised Improvement Plans will be required prior to the commencement of construction for this project. TOWN OF ORO VALLEY PLANNING&ZONING DIVISION 11,000 N.LA CANADA DR,ORO VALLEY AZ 85737 Phone:(520)229-4800 Fax:(520)742-1022 • APPLICATION FOR PUBLIC ART REVIEW NOTE:PUBLIC ART REVIEW COMMITTEE(PARC) ) • - MEETS THE 1s7 TUESDAY OF THE MONTH f 1.) z8 B)1 DATE: 11/21/08 b z00 1 I 12 OV CASE NO. ffice use only): OV5 Town of Oro pv PROJECT: sanofi-aventis LOCATION: 20 0 .innovation Park Drive Qro Vane APPLICANT: Beth Koch/sanofi-aventis ADDRESS: 1Efl& Btd oVfileyAZ 85737 PARCEL NUMBER: Lot 9 and 10 Parcel 219-20-826A TELEPHONE FAX NO.: 520-575-8283 PROPERTY OWNER: sanQa-aventis ADDRESS:_ 1589 E Hanley Blvd Oro YlljaA, 85.737 PRONE NO.:_520- PROJECT ARTIST: Rebecca Thompson and Joe Tyler ADDRESS: 5550 N.Moccasin Trail Tucson.AZ 85750 and 27602 151 Ave Surprise.AZ 85387 PHONE: 520-260-0922 and 623-584-1552 NOTE: This application must be accompanied by the following to be deemed complete: • Twelve(12)copies 11X17 in size of the Development Plan, Landscape Plans clearly showing the location of the artwork and how the artwork is integrated with landscaping,walls and other site elements. • Twelve(12) copies of colored renderings or photographs, 8.5" x 11" in size, with discernable dimensions. Each side of the public art must be depicted. If the artwork is incorporated on or adjacent to an exterior building elevation,provide Architecture Renderings 11 X 17 in size. . • Twelve(12)copies of the Artist's Biography • Twelve(12)copies of the Building Construction Bid • Twelve(12)copies of the Artist contract that specifies total cost of the fmished piece. • Twelve(12)copies of Structural Engineering Specifications,if necessary. • Fees$220.00 Applications will not be accepted without all required materials. Please note;A resubmittal wilt be due for the Town Council meeting applicant will need to submit(28)copies of the Development Plan, Landscape Plans, Site Plan, and Elevations 11" x 17" in size. Must be folded and collated. 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U ,a) 1 °' co I 1 co c 0 2 ,_ -8) 4 D a747. 4-- 4.0 0 < = CL .c.� '6' ., tai 0 1-41 i (D ©C o TRC, Oro Valley, AZ Construction Costs Bid Package 1 Description Cost ,A001 Structural Steel -.__.-��- - - B � $2,813,262 _. ---------. 002 ;Site Utilities& Earthwork $1,074,530 B003 Concrete $3,074,479 B004 Fire Protection $498,377 B005 Mechanical(Plumbing/HVAC) $13,903,808 B006 Electrical $5,322,955 B007 Fencing $52,495 6008 Masonry $1,359,700 B009 Miscellaneous Metals _ $520,360 8011 Firefroofing $97,696 B012 Sealants, Fire Safing, Waterproofing $162,835 B013 Metal Panels __ —_ j $631,560 B014 Roofing ----_---- $448,411 B015 Skylights ~ $4,000 B016 Doors Frames&Hardware $362,463 B017 Glass&Glazing $2,098,000 B018 Exterior Consultants _ $25,000 B019 Metal Stud and Drywall $2,561,533 B021 Elevators& Dumbwaiter $236,370 B022 Soil Treatment $19,000 ' B023 Landscaping — $230,791 B024 Expansion Joints _ $24,000 B025 Architectural Millwork ______ _ __$142,500 B028 Acoustical Ceilings $265,684 029 Flooring&Ceramic Tile $502,659 B030 Seamless and Resinous Flooring $146,391 B031 Painting $183,000 B033 Specialties _.----------------------.___------ .-- $105,289 B034 Signage B035 ----__.__ $50,000 , —__ Folding Partitions $74,950 B036 Pantry Equipment - $10,000 6037 Lab Casework 13-039 $2,196,523 Loading Dock Equipment&Special Doors $14,170 B040 Window Coverings ------- -------------- ---------$103,594 8041 Special Systems(AV/SolarNoice&Data) $535,000 Total Bricks&Mortar _ _ _ $39,851,385 Construction Contingency $1,195,542 •Total Costs $41,046,927 — Date Created: 18-November-2008 sanofi aventis 1 Date Printed:11/18/2008 I.. 0 R g ! ) a 5. 1 j \ a. 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My intention is to create a beautiful site which provides the opportunity for discovery, relaxation, meditation and a gathering space. Only sustainable materials will be used. Goals of Public Art • Understated elegance and timeless beauty • Connection between Nature and Science • Low maintenance,durable,concern for low environmental impact • Multi-faceted/ Multi-purpose • Classical design/innovative ideas • A strong connection to the values related to sustainability, harmony with the public users and with the natural and local environment in mind Overview of Art Elements • 40'diameter Circular Garden Plants selected to encourage wildlife, butterflies,song birds and hummingbirds. Rainwater harvesting for trees Centrally located Native Velvet Mesquite Tree • 36'Curved Wall Wall includes bronze panels with fish swimming through water from the beginning to the end: metaphor for water,life, hope, individual pursuit of life and being in the mystery of life • Two-Gateway structures— Rammed Earth Gateway features with opening and notch symbolizing unlocking the mysteries of life and scientific discovery • One-8'x8'x8'rammed earth cube- Cube includes one 5'x5'x5' bronze form with raised MAZE interactive motif and one smaller bronze feature with scientific graph • Cube includes hand carved water way on top with a hand carved stone system at base for funneling rainwater to the Velvet Mesquite Tree Maze design is symbolic for the process scientists must be involved in when searching for one compound to then be tested for medicines. The scientific graph will show the example of grouping when testing for drug compounds. It is a simple visual link between science and variables that relate to testing for drug compounds. • One linear seat constructed with 100 year old wood (regional)stone for seating tops. Wood is in perfect condition and will be treated with UV protective polyurethane coating. REBECCA THOMPSON 5550 N.Moccasin Trail Tucson AZ 85750 rebeccathompsonsculpture.com pendulumstudios@msn.com 520.260.0922 ph 520.615.8882 fx Public Commissions Sanofi-Aventis Garden and Sculptures,2008 Grace Court Plaza Gateway Sculpture, Phoenix Arizona,2008 Phoenix Madison Square Garden Museum Sculpture,Phoenix Arizona, 2008 Rillito River Seating, Tucson Arizona,2007(under construction) Mehl Park"The Vanishing",Tucson Arizona,2007(under construction) La Puerta,Tucson Arizona,2006$20,000 Dava Garcia-Flohr Memorial,Arizona Cancer Center,Tucson Arizona,2005 Cornell Centennial Garden Project,2005 Vlock Memorial Project, Cornell University,2003 Mann Library Seating,Cornell University,2001 Solo Exhibition Faith:An Internal Debate, Hartell Gallery,Cornell Campus, 2003 Empty Vessels,San Diego School of Psychology, San Diego CA, 2001 Seat of Blessings, Dewitt Center, Ithaca NY,2001 Collective Viewpoints,Willard Straight Hall,Cornell University, Ithaca,NY,2000 Kalahari Dance, Elmira Campus Library,Elmira, NY, 1999 Group Exhibitions Milagro,2008 Tohono Chul,Touch,Tucson Az 2008 Albuquerque Museum of Art,Albuquerque NM 2008 Group Women's Show,Cline Dale Fine Art,Scottsdale,Az 2008 Salon de Refuses, Dinnerware, Tucson AZ 2007 Hiding In Plain Sight, Gallery Centella,Tucson AZ,2006 Random Selections 11,Water's Gallery, Elmira NY, 2002 Surface and Memory, Clinton House, Ithaca NY,2001 Wendall Castle Furniture Show, Upstairs Gallery, Ithaca NY, 2001 Spirituality,George Water's Gallery, Elmira, NY,2000 Exploring the Icon", CFFA, Littleton, Co, 2000. "Women on the Verge",George Water's Gallery, Elmira, NY, 1999 Interactive Icosahedron, New York State Fair, Syracuse, NY, 1999 Contemporary Spirituality, Coming Community College, Corning NY, 1998 Annual Invitation Only Show, State of the Art Gallery, Ithaca NY, 1997 Grants Arizona Commission on the Arts Professional Workshop Award with Creative Capital 2008 Neighborhood Initiatives Cultural Heritage Grant,2007 Cornell Council for the Arts,2001 IPEI Grant,Art and Science Project, 1998 Awards Arizona Commission on the Arts Professional Award 2008 Nominee for Tucson Emerging Artist,2007 Phoenix 9-11 Memorial, Finalist 2005 Wendall Castle Furniture Award 2001 1 Reviews and Announcements tip Desert Leaf,Tucson Az Sept,2008 Phoenix Business Journal,June 2008 Trends Magazine,April, Phoenix,AZ 2008 Art,Architecture and Planning,Cornell University, 2008 Sculpture Magazine International,June 2008 Sterling House News,Tucson Az, May 2008 Arizona Daily Star December 2007 La Estrella Tucson December 2007 Cornell Art Architecture and Planning Publication 2007 Sculpture Magazine June 2007 Southwestern Art November 2006 Mann Library Agriculture Publication, Cornell University 2005 Education 2003 M.F.A. Sculpture, Cornell University, Ithaca NY 1999 M.S. Art Education, Elmira College, Elmira NY 1985 B.S. Family and Consumer Resources, University of Arizona,Tucson Arizona 2 • y "La Puerta,"2006 bronze and rammed earth,Tucson Az 14'h x 8'w x 3.5'd Artist worked with 200 community members to create bronze keys which were cast into bronze plates for the top of the sculpture(the doorway).The concept related to how each person is a key to his or her community.Personal stories related to the keys were compiled by artist Rebecca Thompson and printed in book format.She designed the doorway in rammed earth as a metaphor for opportunity,possibilities and time.This was a public art project funded by Tucson Arizona Parks and Recreation. • de i > I• 4 "Centennial Garden,"2005 wood,stone,limestone,terracotta,granite 40'w x 60'l garden site with seating,trellis and courtyard Artist was selected to design elements for a permanent garden on the Cornell University Campus.Commemorating the 100 year anniversary of the College of Agriculture,Rebecca Thompson created a new site using 100 year old artifacts and reclaimed stone.This project required collaborative efforts from engineers,architects,skilled labor,landscape architects and the Cornell community.This was a privately funded project excelling 300,000 in budget. r 'IF ,k "The Phoenix,"2008 Phoenix Arizona 28'h x 10'w x 10'd bronze and rammed earth 3 This is a gateway feature for the downtown area of Phoenix,7th Avenue and Van Buren. Privately funded public art.Artist designed and managed project and landscape features. • ,,?,' 9 The Opponents"2008 Phoenix Madison Square Garden Museum,Phoenix,Arizona 9'h x 3'w x 14"d bronze These two 9'foot tall bronze sculptures reveal the fighting spirit of humanity.Gracing the 7th Avenue entrance to the Phoenix Madison Square Garden Museum,they stand tall and proud,guardians of the historic site %ow . 03, i b <No , "Longley-Cook Memorial Seating,"2001 Mann Library,Ithaca NY 45'x 30'sustainable products using locally quarried limestone and locally harvested black locust Artist incorporated words submitted by staff,students and faculty related to the values associated with higher education. These words were permanently etched into stainless steel bands which were incorporated into the seating elements. The Artist was responsible for locating,milling,finishing and installation of this project. • 4 ypippli "Vlock Memorial Seating,"2003 Cornell University 12'x 3'x 18"limestone,granite and marble Memorial for Alumnae 4 .4a-col] v - x. "The Agreement,"2001 Aberdeen Field House,Ithaca NY 60"w x 52"h x 22"d wood and steel References Mike Medici President Smithgroup Architecture Firm 455 N. Third Street,Suite 250 Phoenix,Az 85004 Mike.medici a smithgroup.com 602.265.2200 Janet McCue Director for Mann Library Cornell University, Ithaca NY 14850 607.255.2285 JAM7 comell.edu Robert Smith DFDG 4546 East McKinley St. Phoenix,AZ 85008 602.954.6954 bsmith@dfdg.com Bob Heiser Studio Southwest Architects Inc 2101 Mountain Road NW Albuquerque, NM 87104 505.843.9683 rheiser a(studiosouthwest.com Robert Bertoia Head of Sculpture Department Cornell University,Ithaca NY 607-255-5178 RGB4@comell.edu 5 , ,i 5 '''''' ' ' 4 t. ,,.tip,' 1.• ' ' ; :or - * ' ' '' .,t *i. , .•#'* 4 . ,e' "if, '-7,....,0 err • .. -- 1,.: ---, ' . *v• . d * , ,' .** I,'ti''':". '' tl:kirdt32.,-.J$"- ---' • * -.-'-' . 4 4.* -. .r 7-4 A *: '11fr * **- ' * ,I* ,- ' .44. ."-*-4 ' ' ' '•,,,;...tv.t.4*,..,.. -.. ,, , . ‘ . . - 4400.10.14 10.4 ir'pot.,, Z I*141' MI -..., 11. ip,' 0. NO•k.'!*i. ' ' ,.. , ' irt?"-. .• , , rrOluSI ili ' ' ' '411**46. It I .......- .„.,4,4 \ 4 4 7 kof",. 1'...,_,k 4, ••, 'i 1 .. 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'11111110 f—I—f— r-r—r-— r- e co x(nOcnr—iii _, • 0- a 0 N .•4- .....--._ (3 0 0 cp,z.,-.. ca 0 i 1 CD CD 0 0 co :711 r;1 co 0 c cp .-r,' : -••, 0 r.„.0 xi —a x C) E '0 .Z 0 -4 C3 C C D C"T1 > I\) C1:1 • I ', • "ii 0 13.13 0 73 C • '.11610**libl' • Z %, • - - :-g] I a) fr %,, ‘ -1„0. 73 Ci3 03fi7 CO 0 0 03 11 ‘,r a —. I, , . ..67„). , .....„--- (1) ro -2 . . CD (1) a (1) ) IF ‘-4# - ks (11 , . 74, •••••• ul al 0 ,• '\\\N Eb , ,1\\* q I NI 1••• ..,, W. 1,.. . 11,.., CD 3 0 CD :5 0 a) 4. : C. (J CD 0). cn 0 ‘tr..., • ,.. , 2 — 2 ,g• .0 9, .4. ... '''' i \, ,,,,k , A 0 \ a n 7 4111111P n P > * 1 n) co 'a3 0 2 a Q r- 5 0.— < z \. o - 7) -,.,, -..., 0 = M I 3 c) 3 0 , y.; la -40 ,.., -, —. 0 -0. ti) 0 Joe Tyler arhst sanoi -aventis Public Art Centennial Plant Sculpture Joe R. Tyler/Artist Oro Valley Public Art Program Sanofi-aventis "Century Plant Sculpture" Thank you for the opportunity to present my artistic approach for creating a site specific public artwork for sanofi-aventis. My goal was to create a large scale sculpture that would create a sence of welcoming arrival. I wanted the artwork to be seen from a fair distance to visually draw the viewer in for a closer look. I chose a strong visual icon of the sonoran desert as the subject matter for a variety of reasons. I felt the century plant or (agave)would blend in with the natural setting and enhance the landscape design of the unique plant material in the botanical garden slated for the front of the building. I wanted the artwork to meld in and play off the plant material in the garden. There is a great deal of symbolism in this century plant sculpture. I designed it with 15 ea. lighted flowers to represent the 15 counties of Arizona. It will have 100 leaves to represent the 100 year birthday of '0110, Arizona becoming a state (1912-2012). It represents rebirth and the future because of the plants life cycle. It has tremendous historical significance because of its practical uses by indigenous cultures and early pioneers for its medicinal and economical benefits. The sculpture will be fabricated from welded steel, copper, acrylic, and other materials. The overall height and width will be determined by the site and the structural engineer, but I envision the height to be in the neighborhood of 25' to 30' and the width to be 12' to 14' feet. The overall height of the building is 32' and this scale will work well with the scale of the building. Lighting is a very important element in the sculpture. The vertical inflorescence will be illuminated with L.E.D lighting. All wiring runs through the main flower stalk to light the individual horizontal blooms. The bloom light fixtures will be designed and fabricated from materials that will also catch the sun light during the day to enhance the appearance of the sculpture. This daytime/nighttime effect is almost like having two different sculptures in the same location. The sculpture is designed to be maintenance free with the exception of NIS minor maintenance required to maintain the lighting. The entire sculpture will be sealed and treated with clear automotive acrylic. The artwork will probably need to be resealed in 8 to 10 years, but this is not an expensive process and can be accomplished in a few hours. My goal was to create a unique eye pleasing feature that can be seen from a distance and be equally appreciated up close. I wanted to create an artwork that makes the viewer feel they have arrived at a special place. I wanted a sculpture that would have both daytime and nighttime appeal. This is my artistic vision of what can be accomplished within the parameters of the site and budget. I have done my best to design a meaningful artwork that employees & visitors to sanofi-aventis as well as the citizens of Oro valley will enjoy. Thank You, Joe A. Tyler/Artist Joe. e r' fax:phone: 623-584-1552 - - 623 584 4396 27602 N. 151 Ave., Surprise, AZ 85387 email TYLERWELDS@aol.com Web site: Artistic-Visions @aol.com 'oe is a graduate of Arizona State University with a degree in Environmental Horticulture. Honors and Awards 2004 Art in Private Development Award, Elliot Corp. Center, City of Tempe 2003 Valley Forward, Art in Pubic Places. "Veterans War Memorial" 2001 Valley Forward Award, Art in Public Places," Lizard Acres" 2000 Phoenix Business Journal Orchid Award/Public Art Transit Shelters/"Sonoran Monsoon"and "Desert Moods" 2000 MAG Clean Air Award, "Elements"Transit Shelter 1997 New Times/Best of Phoenix Award/Best Transit Shelters "Desert Moods"City of Scottsdale. 1997 Valley Forward Award of Merit Art in Public Places"Desert Moods"and "Sonoran Monsoon" 1997 Arizona Department of Transportation Friendly Facilities Award: Bus shelters, City of Scottsdale"Desert Moods" 1996 Phoenix Business Journal Orchid Award Art in Public Places, Exterior Art: bus shelters, Interior Art: entrance gates to the Healing Garden, Good Samaratan Hospital 1996 Landscape Architecture Magazine Art in Public Places Award "Come Together", "La Sombra", and'Waiting for A Date" 1996 Valley Forward Crescordia Award Art in Public Places "Sonoran Silhouettes" 1995 Valley Forward Crescordia Award Art in Public Places"Come Together" SELECTED EXHIBITIONS AND SHOWS 2004 Carefree, AZ., Shemer Art Gallery 2002 Mesa Childrens Art Museum, Mesa,AZ 2000 Shemer Art Gallery, Phoenix,Az. 2000 West Valley Fine Art Museum, Sun City, Az. 2000 Mesa Children's Museum, Mesa,Az. 1997 Artisimo Gallery, Scottsdale,Az. 1995 Tsukuba Museum of Art, lbaraki, Japan 1994 Artisimo Gallery, Scottsdale,Az. j.993 Gallery Tsukuba, Tsukuba, Japan )2 Wigwam Resort, Litchfield Park, Az. 111t92 Chandler Center For The Arts, Chandler, Az. 1992 Art Walk, El Pedrigal, Scottsdale,Az. 1992 City of Tolleson Public Library, Tolleson, Az. 1992 West Valley Fine Arts, Litchfield Park, Az. 1992 Casa Grande Art Museum, Casa Grande, Az. 1991 Nelson Fine Srts Center, A.S.U., Tempe, Az. 1989 Sun Cities Art Museum, Sun City, Az. Professional Experience 1995-Present Professional Artist 1989-1995 Arizona State University Arboretum Director 1973-1988 Beardsley Nursery Owner/General Manager 1972-1973 City of Tempe Parks and Recreation Department 1970-1972 Arizona State University Department of Horticulture 1968-1969 U.of AZ. Experimental Farm, Dept. of Horticulture Education/ JOE TYLER 1974 Arizona State University, Master of Environmental Horticulture 1972 Arizona State University, Bachelor of Science, Horticulture 1969 University of Arizona, Horticultural Studies 1999 Entry feature gates, Bouldercrest at Troon Parade of Homes. Collaborative and Public/ Private Proiects 1998-1999 Pima, McDonald Dr.pedestrian,bike path,Scottsdale. 1998-1999 Eight large sculptures at Nordstrom's Dept. Store. 2008 Mercy Gilbert Hospital, Healing Garden Art,Gilbert AZ. 1998 City of Chandler-Ramada Desert Breeze Park Sculptures. 2007 Surprise Fire Station#301 Public Art,Surprise,AZ 1998 City of Tempe Adopt a Tree Kiosk Rio Salado Project 2007 Gateway Entry Feature,City of Casa Grande,AZ. 1998 Troon North,"Agave Americana"sculpture entry feature 2007 Lighted Entry Feature, Pulte Homes 1998 Historic Tucson County Courthouse,"Arbor Depot",Tucsor 2007 Entry Feature, lasis Healthcare, Mountain Vista Med.Center, 1998 Entry Gates to Talus at Troon North,designed by Kris Floor Mesa,AZ. 1998 Main Mall Renovation at Alhambra High School,Phoenix,Az. 2007 Gateway Entry Feature/Free-Standing Sculpture,Vistancia 1998 City of Yuma,"Century of Dreams"fountain/Sculpture,Yuma Botanical Garden,Surprise,AZ 1997 Entry Gates, Pinnacle Canyon Golf Course at Troon, 2007 Entry Lights,Mountain Central Place,Phoenix,AZ Scottsdale 2006 Lighted Entry Feature,Del Webb,Sun City Festival, Surprise, 1997 Boulders Resort Entry Feature,"Ironwood", Carefree,Az. AZ 1997 Entry Gates, Desert Arboretum Park at A.S.U. 2006 Entry Feature Gates, Sonoran Preserve,Scottsdale,AZ 1997 Comfort Inn Hotel,"Salix Babylonica",entry,Scottsdale,Az. 2006 Entry Feature Phase II Power Market Place,Queen Creek, 1996-1997"Desert Moods"and"Sonoran Monsoon",sculptural bus AZ shelters for city of Scottsdale,Az. 2006 Monument Sculpture and Cabana,South Mtn. Corp.Center, 1996 Healing Garden Gates for Good Samaratan Hospital, Phx., City of Tempe Art in Public Places AZ 2006 Architectural Amenities,Blackstone Country Club at 1996 Two 38'sculptures, lohono Golf Resort,Japan Vistancia, Peoria,AZ 1995"El Deseo", Entrance feature,Boulders Resort, Carefree,Az. 2006 Entry Feature with seating and sculptures for Botanical Park 1995"Trovas", sculpted gates for McDowell Mountain Ranch. at Vistancia, Peoria,AZ 1995"Come Together","La Sombra","Waiting for a Date",three 2006 City of Phoenix Public Art Project Gateway to Historic Garfield sculptural bus shelters for the city of Tempe. Park, Phoenix,AZ 1993 Entrance gates-Desert Botanical Garden, Phoenix,AZ, 2006 Sculpted Lighting/Entry Feature Gatehouse Central Place 2005 Architectural Amenities,the Bam/Power Ranch Queen Creek AZ. 2005 Memorial Sculpture, Midwestern University, Glendale,AZ. 2005 Gateway Entry Features,Vistancia/Blackstone, Peoria, AZ. 2005 Midwestern University,Memorial Sculpture, Peoria,AZ 2005 City of Surprise,AZ Surprise Lake Park Sculpture 2005 Arizona Elm Award,Northern Arizona University 2005 City of Surprise,AZ Surprise Public Library Sculpture 2004 Entry Feature,City of Tempe,AZ Elliot Corporate Center 2004 Memorial Bench, Palace of the Governors,Santa Fe, N.M. 2004 Good Samaritan Hospital Employee Recognition Sculpture 2004 Rose Garden Pergola, Mesa Community College,Mesa,AZ. 2004 Gateway Entry Feature/Cross Creek Dev.,Sedona,AZ. 2004 Apache Elementary School, Habitat Garden 2004 Entry feature,town of Queen Creek,AZ. 2004 The Pinnacle Gateway Entry Feature/gates/El Paso,TX. 2004 Gateway Entry Feature,Surprise Town Center 2004 Rocks Resort, Monarch Development 2004 Sculptural Gazebo,city of Stockton,CA. 2004 Sculptural Transit Shelter,Mesa Community College 2004 Fire Station#77,city of Los Angeles 2003 City of Peoria,AZ design Team Rio Verde Park 2003 Town of Oro Valley-Lacanada Road Project 2002 Gateway Entry features,Westin Resort, Scottsdale,AZ 2002 Sculpted Benches, Midwestern University 2002 Gateway Entry Feature, Palmea,LaQuinta,Ca. 2002 The Learning Tree,27th Ave.Wastewater Treatment Plant 2002 Desert Garden Park Sculptures,city of Scottsdale 2002 Mayo Clinic Chapel Sculpture,Scottsdale 2002 City of Mesa, Fiesta Mall Transit Shelter 2002 Oro Valley Library,Town of Oro Valley,AZ 2001 Design Team-City of Peoria Community Park Project 2001 City of Glendale,Veterans War Memorial 2001 City of Peoria,Windrose Park 2001 Perimeter Center sculptures, Hardison/Downing Const. 2000-2001 City of Phoenix, Gateway Project/Phx. Police Academy 2000-2001 City of Santa Fe, N.M.,Sculptural Transit Shelter 2000-2001 City of Phoenix Skyharbor Transit Shelters 4 each 2000 Pima County,Thomydale Road Improvement Project 2000 City of Tucson,Harrison Road Project 2000 City of Tucson,Patano Road Project 2000 City of Phoenix Fire Station#30 Gazebo 1999 City of Tucson Pima Street Improvement project 1999-2000 City of Yuma design team downtown development project 1999 Litchfield Park,five sculptural signs. 1999 Bus shelter, McClintock H.S.,Tempe Az."Sonoran Journey". Arizona Centennial Sculpture safoni-aventis Joe A. Tyler/Artist Revised Budget 1. Artistic Fee--- --- $4,000.00 2. Custom Steel Fabricator,Includes Steel- $8,000.00 3. Welding Supplies $2,000.00 4. Hardware&Fittings - $1,500.00 5. Steel Treatment $1,500.00 6. Working Drawings $1,000.00 7. Structural Engineering Fees----____-- _____N_..$1,500.00 8. Contingency Permits Taxes ---- $5,000.00 9. Transportation $1,500.00 10. Lighting ------ $11,500.00 11. 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' .. -. 4,•,,,',...,,, .:„,,,!.4' ' . , . •':: • 0 Noilrifilz- Alki ...• ., ...7,1.14•14::-*W.:!..ir; ‘ •'.••,.,•••''•'..-.•••-:•':''''',.'-',-P:414!**„itti'44', :, ..',',,,,,,.4.i.Z4,,-;,;-.!i...;::2',0,,,;!:::,.2'0.1"tokft,'4",,0.1.,?;:f•, ' : ..• , •-.1. .., ci. ..,, Joe A. Tyler/Artist Oro Valley Public Art Program Fabrication & Structural Information "Century Plant Sculpture" for sanofi-aventis The following information regarding the fabrication design and materials used for this artwork is based on my opinion of how to construct the proposed sculpture. The entire sculpture will be finalized be a structural engineer along with an electrical engineer and a complete set of structural calculations, blueprints, and electrical drawings will be submitted to the Town of Oro Valley for final review and approval before fabrication begins. The entire sculpture will be fabricated from welded steel with the exception of the custom made light fixtures which will probably have some 3/8" to 1/2" thick clear acrylic materials for lenses and some reflective metal such as copper. The light fixtures will be designed to resemble organic blooms and illuminated with L.E.D lighting. Careful consideration will be given to make sure all materials used in the light fabrication will be durable, safe and low maintenance. The proposed clear acrylic for lenses will be encased and bolted into steel brackets to ensure safety. The fixtures will be apprx. 18" diameter and there will be a total of 15 ea. Again the final design will have working drawings approved by the structural, and electrical engineers for city approval. The flower stalk is apprx. 25' tall and fabricated like a flag pole reducing from 6" to 3" starting from the foundation the top. The flower stalk will have slight wavybends in g it to maintain an organic appearance. The horizontal members the support the light fixtures will be 2" steel pipe. All wiring for the light fixtures runs through the center of the flower stalk and through the horizontal members to the light fixtures. There is no visible or exposed wiring. The steel pipe is the electrical conduit, similar to a street light. There will be I OOea. steel leaves forming the century plant 6'x l 0" (see drawing). Each leaf has an angle break on the center to ensure stiffness and strength. I think the structural engineer will recommend 14 gauge steel for the thickness but he will determine the steel gauge for the leaf fabrication. All 100 leaves are welded on a 4'dia.x 1/2" thick steel plate. The vertical flower stalk runs through the center of the plate and into the concrete foundation the plate is welded to the foundation. The leaves are then welded around the stalk to the plate. (See drawing) The foundation will probably be designed similar to that of a standard street pole. I have drawn what I think the structural engineer will recommend, a vertical monolithic poured foundation with an electrical sweep conduit running through the center of the pipe to accommodate the wiring. I hope this brief structural description gives you an idea of how this 6'x 12'x25' sculpture is fabricated. All of my drawings regarding steel specifications, foundation, overall height and width of the sculpture are subject to change by the structural engineer and review by the town of oro valley. I've been doing public art projects for almost 20 years and I believe that this sculpture will be a safe, long lasting, low maintenance public artwork that the Town of Oro Valley can add to their collection with confidence. .. .:. 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'. <r.a,�,, .s>: .�"S�r.i ZNcE� �34�:777,7- -,.,-,;L''':::::::::, "9,::'-':-::::.':.;i:: f4?<'''r •o`:<. :9 a�� s,, -a�'f,- •>3 t -:tee -i.,.o.� :: r t . ...... t�.<��>t...,.:,.C», >.,.,... ... n$ .. -. .,i...<.s.- ..6/ '�Y .�:- R ,E`er� Z '.F: ',.:..,7:Aa....,....., ..,,......c...zoo.- ..a<..� :<.^.� ........,.�y :•..:.�...¢-•' ''s .s. '-?, ,ari'i: .1'. gy Y :. -�.-.. t'.,t>+,.,..1:.i3'v.a.;..x.t:, ,... ,,' .: ..,-:. t,.,..p'.t... .;y'yS. .y. ..':ss- :-G, �-�.:si� �:"-' :y4:. L �>5,q�<:_..Et;.,y,{< ,>,x.. .» s ¢..s,t -h„ ':�. ,sas< ��. 4 > .. .? ?76> <k..:�.;....s. ::..s.,....:.. ,>"a. .? s�'`.s�<�.:� 3rc z..��4`•..A.3, r,?t.:'. :, z ?3> a. ,.< • . , TOWN OF ORO VALLEY Page 1 of 1 OUNCIL COMMUNICATION MEETING DATE: January 21, 2009 TO: HONORABLE MAYOR& COUNCIL FROM: Robert Jacklitch, Project Manager Philip C. Saletta, P.E. Utility Director SUBJECT: Resolution No. (R) 09- 05 A Resolution of the Mayor and Council of the Town of Oro Valley, Arizona, to Re-convey Four Utility Easements to Stone Canyon, LLC in Exchange for Two Utility Easements. SUMMARY: Property owner Stone Canyon, LLC granted the Town four utility easements before design started on the 0.5 million gallon reservoir and associated water main. To minimize impact to native vegetation and landscape, the Water Utility relocated the water main during construction earlier this year. This change in the water main alignment, resulted in requiring only two utility easements. The easements are on property owned by Stone Canyon, LLC and First American Title. The existing four utility easements where no longer necessary and staff requests that these easements be re-conveyed back to Stone Canyon, LLC. The Water Utility desires to acquire two utility easements and rights-of- way for ingress and egress through property owned by Stone Canyon, LLC and First American Title. These easements are described in the attached Exhibits "A" and "B". The Water Utility no longer has any need for utility easements previously granted by the property owner, Stone Canyon, LLC, as described in Exhibits "C", "D", "E", and "F" attached. This proposed resolution and attached easements when approved will correct the overlapping easements and clarify the easement locations that are needed FISCAL IMPACT: NONE RECOMMENDATION: Water Utility Staff recommends approval of this resolution to clarify the easement locations. ATTACHMENTS: 1.) Resolution No. (R) 09 - 05 2.) Utility Easements, Exhibits A,B,C, D, E and F AINIIIIIIIIIMINIIIII r TOWN OF ORO VALLEY Page 2 of 2 COUNCIL COMMUNICATION MEETING DATE: January 21, 2009 SUGGESTED MOTION: The Mayor and Council may wish to consider one of the following motions: I move to approve Resolution (R) 09 - 05 A Resolution of the Mayor and Council of the Town of Oro Valley, Arizona, to Re-convey Four Utility Easements to Stone Canyon, LLC in Exchange for Two Utility Easements. Or I move to..... Robe actitch, Project Manager ,./( 1 , ..-3„- Ph' � C. Saletta, '' .,Water Utility Director 2_ David Andrews, Town Manager Attachment 1 PL�EY qR� O �O Off` J; L/U 11ID ED Resolution RESOLUTION NO. (R) 09- 05 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, TO RE-CONVEY FOUR UTILITY EASEMENTS TO STONE CANYON, LLC IN EXCHANGE FOR TWO UTILITY EASEMENTS. 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 § 9-511, et seq., the Town has the requisite statutory authority to acquire, own and maintain a water utility for the benefit of the landowners within and without the Town's corporate boundaries; and WHEREAS, pursuant to A.R.S § 9-402(E), the Town of Oro Valley has the authorityto convey to the appropriate property owner, without receiving payment, an easement that the Town no longer needs; and WHEREAS, the Town desires to acquire two utility easements and rights-of-way ingress in ress and egress on, over and through property owned by Stone Canyon, LLC, which easements are described in Exhibits "A" and "B", attached hereto; and WHEREAS, the Town no longer has any need for previously granted utility easements by the property owner, Stone Canyon, LLC to the Town, as described in Exhibits "C", "D", "E" and "F", attached hereto; and WHEREAS, it is in the best interest of the Town to acquire the utility easements and rights-of- way forg y ingress and egress on, over, under and through the burdened land as described in Exhibits "A" and "B" and to re-convey to Stone Cpyon, LLC, theilit �� y e asewnts and rights- of-way for ingress and egress on, over, under and through the burdened land as described in Exhibits "C", "D", "E" and"F". NOW, THEREFORE, BE IT RESOLVED by the Mayor and Town Council of The Town Of Oro Valley,Arizona,that: 1. The acquisition by the Town of Oro Valley of these certain utility easements and rights-of-way for ingress and egress on, over, under and through the burdened land as described in Exhibits "A"and"B" are hereby authorized and approved. 2. The utility easements and rights-of-way for ingress and egress on, over, under and through the burdened land as described in Exhibits "C", "D", "E" and "F" are hereby authorized to be re-conveyed to Stone Canyon, LLC in exchange for the aforementioned easements as described in Exhibits "A" and"B". 4111, C.\Documents and Settings\rjacklitch\Local Settings\Temporary Internet Files\OLK96\Resolution for Stone Canyon Easements final.doe Town of Oro Valley Attorney's Office/ea/111708 3. The Mayor is authorized and directed to execute for and on behalf of the Town of Oro Valley anyand all deeds and other documents necessary to effectuate the -qv) transaction contemplated by this Resolution. 4. If any section, subsection, sentence, clause, phrase, or portion of the resolution or adopted herein is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. PASSED AND ADOPTED by the Mayor and Town Council of Oro Valley, Arizona this 21st day of January , 2009. TOWN OF ORO VALLEY Paul H. Loomis, Mayor ATTEST: Kathryn Cuvelier, Town Clerk Date: APPROVED AS TO FORM: Tobin Rosen, Town Attorney Date: Nii10 2 I 1111 Attachment 2 Lt.EY:41, ,4/>00 `Off- �,-7 0 v 0NDED Utility Easements and Exhibits • When Recorded Return to: Town of Oro Valley c/o Town Clerk 11000 N. La Canada Drive Oro Valley, Arizona 85737 UTILITY EASEMENT Stone Canyon, L.L.C., an Arizona Limited Liability Company, ("Stone Canyon"), does hereby grant to the Town of Oro Valley, an Arizona Municipal Corporation ("Town"), a perpetual easement and right-of-way for ingress and egress and utility easements on, over and through the burdened land as described in the following: Exhibit"A", Utility Easement attached hereto. First American Title TR 9044, Attn: Stone Canyon Master HOA ("First American") does hereby grant to the Town of Oro Valley, an Arizona Municipal Corporation ("Town") perpetual easement411to right-of-way for and ri ht-of-wa ingressand egress and utility easements, on, over and through the g burdened land as described in the following: Exhibit "B", Utility Easement attached hereto. These easements are subject to the following conditions: 1. Stone Canyon and First American and the grantees of easements over said easement property may use said right-of-ways and easements for any purposes not inconsistent p Y with actual use of said right-of-ways and utility easements for the purposes herein granted, so long as Town's use and access to this right-of ways and easements are not obstructed. 2. Stone Canyon and First American warrant that each hold good title to the burdened land, and thereby has the authority and right to enter into this Agreement. 3. All easements and rights described herein are easements and rights running with the land, p �e etually in force and effect, and at all times shall inure to the benefit of, and are binding on, the Town, Stone Canyon and First American, their successors and assigns, respectively. 4. Any and all easements and rights granted herein shall be freely assignable by the Town. FAWater UtilityWrojects\Stone Canyon Eascments\EasementI02408.doc conveyance, or in any mortgage or deed of trust or 5. Reference in subsequent deeds of Y to the easements and rights described in this conveyance other evidence of obligation, '� ubse uent conveyance of the burdened land or assignment of easement within any s q y such easements and easement rights shall be sufficient to create and reserve and or g rights to the respective grantees, mortgagees,a and trustees of such unit of ownership as fully and completely as though such easements and rights were recited fully and set forth in their entirety in such documents. In return for Stone Canyon and First American granting the Utility Easements as described in Exhibits "A" and "B", attached hereto, to the Town: reconveyto Stone Canyon, the underlying property owner, The Town does hereby • • easements on, over, ht-of-was for ingress and egress and utility perpetual easements and right-of-ways under and through the burdened land as described in the following: Exhibit "C", Utility Easement, attached hereto and recorded in the Pima County Recorders Office at Docket 11920, Pages 3214 and 3216. Exhibit "D", Utility Easement, attached hereto and recorded in the Pima County Recorders Office at Docket 12989, Pages 00706 through 00712. Exhibit "E", Utility Easement, • ' attached hereto and recorded in the Pima County Recorders Office at Docket 12989, Pages 00713 through 00718. Exhibit "F", the cross-hatched area depicted on the Final Plat, attached hereto and recorded at Book 58 Maps and Plats, Page 3. � � THESE EASEMENTS granted this 2 day of , 20 0 . STONE CANYON FOR UTILITY EASEMENT DESCRIBED IN EXHIBIT "A" BTL5----'(— . STATE OF ARIZONA ) Nil—kopek ) SS COUNTY O ) As a acknowledged before me this day of / DVell/11°P---r- , 20 , by This instrument w g 15),e0Arloyl stei Kk:e.l . .„7/40do zoLit.2 Notary Public Commission Expires: i/ 2'My Com -07 p �,,•:.!, KARLA WILSON �'` Notary Public-Arizona .' i Maricopa County ' '�•` My Commission Expires 0 4 * November 28,2009 2 FIRST AMERICAN TITLE TR 9044, ATTN: STONE CANYON MASTER HOA FOR UTILITY EASEMENT DESCRIBED IN EXHIBIT "B"" First American Title Insurance Company , California a corporation and t T .ust 90 Trustee only and not otherwise By: I 4 Title: Trust Officer STATE OF ARIZONA ) ) SS COUNTY OF PIMA ) This instrument was acknowledged before me this jclay of December , 2008 , by Cindy A, Reiche as TrustAfficer under First American Title Insurance Company Trust 9044 and not otherwise . Notary Public G _ � ; otlei4l.&eal My Commission Expires: �•►'' PUBLIC 4 ,9C�/ +� ~"-y=am= NOTARY STATE OF ARIZONA County of Pima RACHEL L.TURNTPSEED M Commission Ex•gyres Jul 2,2012 ../�,,/r ./Y' ✓-. ./" ./.,r,./' 1. TOWN OF ORO VALLEY FOR UTILITY EASEMENTS DESCRIBED IN EXHIBITS "C" THROUGH "F" Paul H. Loomis, Mayor ATTEST: APPROVED AS TO FORM: Kathryn E. Cuvelier, Town Clerk Tobin Rosen, Town Attorney ‘Ipir 3 ( EXHIBIT "A " 4110' \\Legal,hnirfilcs,WmerU \Proicci,\Sione•Co EJscmcm,\E3scmciii WO MUMS do, 4 POINT of COMMENCING Exhibit A R /11 WATER PLANT 15 POINT OF BEGINNING= (NO SCALE) • 1\ COMMON AREA 'C' q,5-, COMMON AREA "A" ` `4111.-- WATER UTILITY ACCESS S AND P AND MAINTENANCE EASEMENT :00K :, 'AGE 3 LOT 174 COMMON AREA MAPS AND PLATS I BOOK 53, PAGE 48 or AND �.� F►CA T� (,p ti° 31029 0 11 1411 TEVEN S. a OWE N -� o� /45, AND itp Sign lel- Q' VENT �0Nq LOT 173 E'er? 3/ //°. o9' 9-CV L01 172 YsCid cox APR 11 , 2008 .XHIBIT SKETCH FOR WATER UTILITY, ACCESS AND MAINTENANCE EASEMENT IN 1425 S. Plumer, #102 ;TONE CANYON II, MAPS AND PLATS BOOK P Cardinal 53. AGE 48, SECTION 15 Tucson. Arizona 85719 11 S., R_13 E., G.&S.R.M., PIMA COUNTY ARIZONA � Land Surveying Tel. (520) 798-3603 FAX (520) 798-3832 a. Exhibit B WATER UTILITY, ACCESS AND MAINTENANCE EASEMENT An easement for water utility, access and maintenance purposes over that part of Common Area "A", Stone Canyon II, Rancho Vistoso Neighborhood 11 , as recorded in the Office of the County Recorder of Pima County, Arizona, in Book 53, Page 18 of Maps and Plats, more particularly described as follows: COMMENCING at the Northwesterly corner of that portion of said Common Area "A" lying Northerly of Lots 172 through 179 of said Stone Canyon II ; Thence North 89 degrees 58 minutes 04 seconds East, 325 . 00 feet to the Northwest corner of Water Plant 15, recorded in Docket 11920, Page 3212, in said Office of the County Recorder; Thence South 00 degrees 01 minutes 56 seconds East along the West line of said Water Plant 15, 146. 82 feet to the POINT OF BEGINNING; Thence South 89 degrees 58 minutes 04 seconds West, 26. 53 feet; Thence South 57 degrees 47 minutes 18 seconds West, 182 . 70 feet; Thence South 14 degrees 22 minutes 24 seconds West, 103 . 61 feet; Thence South 25 degrees 38 minutes 16 seconds West, 99. 76 feet to a point of curvature; 'JO Thence along a curve to the right, having a radius of 30 . 00 feet and a central angle of 037 degrees 47 minutes 50 seconds, 19. 79 feet to a point of tangency; Thence South 63 degrees 26 minutes 06 seconds West, 18 . 92 feet to a point of curvature; Thence along a curve to the left, having a radius of 70. 00 feet and a central angle of 055 degrees 54 minutes 55 seconds, 68 . 31 feet to a point of tangency;Thence South 07 degrees 31 minutes 10 seconds West, 8 . 30 feet to a point of curvature; 1, - fri '-' !'..-*':\ 'V 1 �l-7^ '(.i- 1, C 1: V v L!-...C1'-1 4 • _, . ,,,,e �/C •.:J 3 _.. ti i' , -,,,, \,,. ., 1-/ ..;-, ii_ .„..,,,,,:2-_,„ `., j,.� -.. Page 1 of 3 l`� 1 Thence along a curve to the right, having a radius of 80 . 00 feet and angle of 095 degrees 09 minutes 39 secon a central ds, 132 . 87 feet to a point of tangency; Thence North 77 degrees 19 minutes 11 seconds West, 7 . 77 feet to a point of co curvature; Thence along a curve to the left, having a radius of 420 . 00 feet and a central angle of 017 degrees 47 minutes 33 seconds, 130 . 42 feet to the Westerly line of said Common Area "A"; Thence South 21 degrees 40 minutes 10 seconds West Common Area "A", 45. 42 feet; along said Westerly line of Thence North 81 degrees 57 minutes 14 seconds East, 1 . 02 feet to a point of curvature; Thence along a curve to the right, having a radius of 380 . 00 feet and a central angle of 020 degrees 43 minutes 35 seconds, 137 . 46 feet to a point of tangency; Thence South 77 degrees 19 minutes 11 seconds East, 7 _ 77 feet to a point of curvature; Thence along a curve to the left, having a radius of 120. 00 0 feet and a central angle of 095 degrees 09 minutes 39 seconds, 199. 30 feet; Thence South 82 degrees 28 minutes 50 seconds East, 5. 00 feet; Thence North 07 degrees 31 minutes 10 seconds East, 8 . 30 feet to a point of curvature; Thence along a curve to the right, having a radius of 25 . 00 feet 'angle of 055 degrees 54 minutes 55 seconds, 24 . 40 and a central feet to a point of tangency; Thence North 63 degrees 26 minutes 06 seconds East, 18 . 92 feet to a point of curvature; Thence along a curve to the left, having a radius of 75 . 00 feet and a central angle of 037 degrees 47 minutes 50 seconds, 49 . 48 feet to aoint of p tangency; Thence North 25 degrees 38 minutes 16 seconds East, 58 . 08 feet toa point o�- curvature; , tr6. .N.q:-;''''- . /jia_e:,';',-::1,:.i.';N-,,(-<? ,'.\ ,14 a. ,.,:-/ ,r 079 cq'''./c---- -:\ ' ;14; fi STC7V7:!'. S. \\ -c; \ av ENS 7 ;:7 J . ) ,%,,k . •-,Z, 4 //1,Y /,‘/ \ . r/.7;,\Et---,: j 4, V., -z-:,..-;-_,-::.--__ ,c',',' ,;:z. P /49?' ILO, Page 2 of 3 Ammilimmommr Thence along a curve to the right , having a radius of 175 . 00 feet and a central angle of 009 degrees 30 minutes 39 seconds, 29 . 05 feet to a point of tangency; Thence North 35 degrees 08 minutes 55 seconds East, 38 . 13 feet; *4010) Thence North 56 degrees 49 minutes 33 seconds East, 221 . 83 feet; Thence North 00 degrees 01 minutes 56 seconds West, 24 . 07 feet to the South line of said Water Plant 15; Thence South 89 degrees 58 minutes 04 seconds West along said South line, 37 . 96 feet; Thence North 00 degrees 01 minutes 56 seconds West along said West line of Water Plant 15, 53 . 18 feet to the POINT OF BEGINNING. 1111) j . (1._ CVVENS • 1 . �r r r � ' N.,<ON. ,ij//c)7 Page 3 of 3 (, EXHIBIT "B" • ‘1Legai\sharcfiles,W3ic,UI,I1t'•PtotrctssSionr Canon Easements\Easement drab 101508 dos 5 ( ,,\ , • Exhibit A CIO / COMMON AREA 'C" COMMON AREA 'C' MAPS AND PLATS BOOK 58, PAGE 3 / EXISTING FLOOD UMIT UNE (BY PLAT) COMMON AREA 'c" PROPOSE/ EASEMENT / / / ------ .....5S-- 211 , , triat*'..1'.-- EXISTING CONSERVATION a EMENT :;t,:,, r(8Y PLAT) EXISTING 32' ACC'SS AND PUBLIC UTILITY . EMENT (BY PLAT) 4IW . MON AREA "C" li(NO SCALE) COMMON AREA "C" / / / / r / / / / ' $I / ff ANo i t _ \F iCaTE Ci,Q / 10 / Ali 31029 o‘ / tr. � / / STEVEN S. co OWENS . I ( „ art , I lip S!9n a P \ \' ' — —_ SNA v•s � I APR 1 1 , 2008 4/101 /°. 5/q//f), _ SHEET 1 OF 2 _ ___ __ EXHIBIT SKETCH FOR WATER UTILITY, ACCESS AND MAINTENANCE EASEMENT IN 1 425 5. Plumer, #102 �� Cardinal STONE CANYON Ill, MAPS AND PLATS 800K 58, PAGE 3, SECTION 15, Tucson, Arizona 85719 T.I 1 S., R 1 E., G.&5 R.M_, PIMA COUNTY, ARIZONA 51>' Land Surveying Tel. (520) 798-3603 FAx (520) 798-3832 r l POINT OF COmmENONG 411Y iisil / (NO SCALE) I ISTING ROOD limn UNE COMMON AREA "C" MAPS ANO PLATS I S , PO1N1 OF BOOK 58, PAGE 3 ��'``��COMMENCING s r t •+• ` t 0.0""-- ,i t t t `� t I"1 • `� COMMON AREA "A" 7VATION EASEMENT '� ‘`� AlbWATER U11uTY ACCESS MAPS AND PLATS 1 BOOK 53, PA( ¢8 AND MAINTENANCE EASEMENT N Ai 1 \ ', A 3 ,,, >� To. EXISTING 32• ACCESS MO 4 PUBLIC UTILITY EASEMENT _ LOT 240 , 1 1 1til ARIES COMMON AREA "C. 7 N •IV. 'AND . `F ICA 7, S�'P 4. 651- c 4. kri i 31029 0 F kr 1 STEVEN S. I OWE 0 cilL/4o �rQo� S'9ned-�i 5./P. LOT 241 z It_.(2, c :j / o SNA v doi.•,0- 43//07 -v APR 1 1 , 2008 I SHEET 2 OF 2 T YHI8IT SKETCH FOR WATER UTILITY, ACCESS AND MAINTENANCE EASEMENT IN 1Cardinal TONE CANYON III, MAPS AND PLATS BOOK , �� Tucson. Arizona 85719 58, PAGE 3, SECTION 15 1 1 S., R.13 E., G.&S.R.M., PIMA COUNTY, ARIZONA �� Land Surveying Tel. (520) 798-3603 FAX (520) 798-3832 �' Exhibit B - 40, WATER UTILITY, ACCESS AND MAINTENANCE EASEMENT An easement for water utility, access and maintenance purposes v Common Area "C" lying Northerlyand EasterlyP p over that part of Lot 2 4 0, shown on the plat of Stone Canyon III, Rancho Vistoso Neighborhood 1 1 , Lots 235 Through In the Office of the CountyRecorder ofPima . 275, recorded County, Arizona, in Book 58, Page 3, of Maps and Plats, more particularly described as follows: s COMMENCING at the Northeasterly corner of said Common Area " "C"; Thence South 21 degrees 40 minutes 10 seconds West alongthe E said Common Area "C", 619 . 41 feet to the Easterly line of POINT OF BEGINNING, being a point of non -tangent curvature, from which point the radius point bears South 05 degrees 06 minutes 43 seconds East; g Thence along a curve to the left, having a radius of 420 . 00 feet and a central angle of 002 degrees 56 minutes 03 seconds, 21 . 51 feet to aoint of tangency; P ge cy, Thence South 81 degrees 57 minutes 14 seconds West, 25 . 90 feet to aP oint of curvature; Thence along a curve to the left, having a radius of 520 . 00 feet and a central 4110 angle of 013 degrees 49 minutes 06 seconds, 125. 41 feet to a point of tangency; 9 Y; Thence South 68 degrees 08 minutes 09 seconds West, 51 . 80 feet to aP oint of curvature; Thence along a curve to the right, having a radius of 480 . 00 feet and a central angle of 006 degrees 19 minutes 14 seconds, 52 . 95 feet to a point of tangency; Thence South 74 degrees 27 minutes 23 seconds West, 176. 11 feet to aP oint of curvature; Thence along a curve to the left, having a radius of 220 . 00 feet and a central angle of 022 degrees 01 minutes 04 seconds, 84 . 54 feet to• a point of tangency;Thence South 52 degrees 26 minutes 19 seconds West, 16. 19 feet to aP oint of curvature; OgriN7, -,, \\ • ,.____.- .S' \\ 14 i ' 3tC29 9'-, TA iSTEVEN S. 011 , oWEr ( i,,z5 I 1 ,.1_,7,,'/Y i ,, 41,5Nr------75, i' L Page 1 of 3 ? t0 AL Thence along a curve to the left, having a radius of 100 . 00 feet and a central ' angle of 065 degrees 48 minutes 36 seconds, 114 . 86 feet to a point of tangency; Thence South 13 degrees 22 minutes 17 seconds East, 87 . 19 feet to a point of curvature; Thence along a curve to the right, having a radius of 80 . 00 feet and a central angle of 029 degrees 18 minutes 30 seconds, 40 . 92 feet to a point of tangency; Thence South 15 degrees 56 minutes 13 seconds West, 28 . 82 feet to a point of curvature; Thence along a curve to the left, having a radius of 170 . 00 feet and a central angle of 005 degrees 18 minutes 29 seconds, 15. 75 feet to a point on the Easterly line of said Lot 240; Thence South 05 degrees 14 minutes 16 seconds East along said Easterly line of Lot 240, 63. 63 feet to a point on the Northerly line of Shaded Stone Place as shown said plat and a point of non-tangent curvature, from which point the radius point bears South 07 degrees 43 minutes 04 seconds East; Thence along said Northerly line of Shaded Stone Place along a curve to the right , having a radius of 50 . 00 feet and a central angle of 035 degrees 50 minutes 20 seconds, 31 . 28 feet; Thence North 01 degrees 27 minutes 17 seconds East, 40 . 77 feet to a point of curvature; Thence along a curve to the right, having a radius of 130 . 00 feet and a central angle of 014 degrees 28 minutes 56 seconds, 32 . 86 feet to a point of tangency; Thence North 15 degrees 56 minutes 13 seconds East, 28 . 82 feet to a point of *110) curvature; Thence along a curve to the left, having a radius of 120 . 00 feet and a central angle of 029 degrees 18 minutes 30 seconds, 61 . 38 feet to a point of tangency; Thence North 13 degrees 22 minutes 17 seconds West, 87 . 19 feet to a point of curvature; Thence along a curve to the right, having a radius of 60 . 00 feet and a central angle of 065 degrees 48 minutes 36 seconds, 68 . 92 feet to a point of tangency; Thence North 52 degrees 26 minutes 19 seconds East, 16. 19 feet to a point of curvature; a i All" 10 '''' ,--1:-,,N, \cA rinii). piN 111,1 �'� 3 X29 9 ,7- if. - i sm./EN!s. op tt\1 4, 0:71,i7i, „! . 0 i - ,..-7), , i -IA S . NA Pa e 2 o f 3 3_� / o 9 1 Thence along a curve to the right, having a radius of 180 . 00 feet angle of 022 degrees 01 minutes 04 seconds, 69. 17 and a central feet to a point of tangency; Thence North 74 degrees 27 minutes 23 seconds East, 1/6. 11 1 feet to a point of lip, curvature; Thence along a curve to the left, having a radius of 520 . 00 feet angle of 006 degrees 19 minutes 14 seconds, 57 . 36 feetand a central feet; Thence South 21 degrees 51 minutes 51 seconds East, 5 . 00 feet; Thence North 68 degrees 08 minutes 09 seconds East, 51 . 80 feet; Thence North 21 degrees 51 minutes 51 seconds West, 5 .00 feet to apolnt= of non- tangent curvature, from which point the radius point bears South 21 degrees 51 minutes 51 seconds East; Thence along a curve to the right, having a radius of 480 . 00 feet and a central angle of 013 degrees 49 minutes 06 seconds, 115 . 76 feet to aoint of tangency; p g cy, Thence North 81 degrees 57 minutes 14 seconds East, 24 . 88 feet to aoint on said Easterly line of Common Area "C"; p Thence North 21 degrees 40 minutes 10 seconds East along said Easterlyline of Common Area "C", 45 . 42 feet to the POINT OF BEGINNING. 1[00 ,.,,,,in.: ..,..,., • 4� ,i,b, -1-Z, .; ;. L 3t029 ° �� j STEVENS; -< 0) rice . • OWE !S a. d I \S ) , i / \\., \'`` Q.,,PNA 05 -. . I Page 3 of 3 :.�....—, EXHIBIT "CY/ 11110 410 \\Lcgal\shwerdc,w3uct thilIMPlojeci,\SiontCoEa,cmcntAf.ostmem rirah io1508.da 6 4 L 44'0 L AND ! 0 CJ -r, C (le t 0 0 .31029 0 z, \ ( ( SJEvENSj ° ) z z OWEN0_(, . „.....00 ._, y,P S;9ned P O /SON A U.`D L _1\ \\,,, ,\\ (../)n ,,\ D \\ M -1 --"Z-- � � II \ \ N _ ► , 00 -D 0ill z II \ 1\+ T1 r-\.) D K Fr-16 \ 04: � � Du, , c-)_:_ m _, 0 ` K r= w z Z z �� D LA . \ II N ,-\\, -o 0 D . . '\� 0 z 0 (3)cn = D .\ D \, 1 Ci ,, D� O = o., z m z r- 1 o 0 \ L____ _ ___ _ -r1 -___. H 200.001 M -A z = \ Z ,z 16,6. foo 2 \ ,.....)- . o ._____. , 4 25 S. P►urner,, H 1 02 XHIE3IT DRAWING — PROPOSED WATER PLANT 15 a, Carulnal Tucson, Ar;zono 85719 ND UTILITY/ACCESS EASEMENT viro an. urveyn 1el. (520) X98-3603 FAX 520 798-383 .TOGETHER WITH the following UTILITY AND ACCESS EASEMENT (60,A 20-foot wide easement for utilities and access lying 10 feet on both sides of the following-described centerline : BEGINNING at said POINT "A" ; Thence South 43 degrees 41 minutes 01 seconds West , 350 . 17 feet ; Thence South 64 degrees 25 minutes 31 seconds West , 379 . 28 feet to the Westerly line of said Common Area "A" ; Thence continue South 64 degrees 25 minutes 31 seconds West , 8 . 89 feet ; Thence South 83 degrees 26 minutes 27 seconds West , 140 . 17 feet ; Thence South 72 degrees 26 minutes 46 seconds West , 304 . 38 feet ; Thence South 08 degrees 08 minutes 58 seconds West , 382 _ 25 feet to the POINT OF TERMINATION ; The sidelines of said easement to be lengthened or shortened to meet J at angle points and to extend to the Southerly line of the above-described Water Plant 15 , the intent of this utility and access easement being to terminate within the right-of-way of a proposed roadway . fes- ,i.- i;,-..i. s cA i-,- .:,,_. -,z..:\ .d.it;:-.t: 3 i 0-2 -'1 .\c's, L STEVEN (.:-..co iii, O ii. ' �OWEN it i '.. C'c"4s 91 -/ I • ' ,cj,-- . aNp.,U• CV Page 2 of 2 EXHIBIT "D" 143 m_eg3ikshaicrOcowole,Uulury\Proiccts\Sionc C3rivon Ea5cmcni,\Loscmcni Arch 10 1508 do( 7 - I RECORDED BY : M S J PAGE: 7 0 b P DEPUTY RECORDER �� �, 1 96b PE3 Mq �\ NO. OF PAGES //�P \G SEQUENCE 20070280272 1 . "-='x',� IC 02/09/2007 THE WLB �.,`� ' EASMNT 3 2 : 2 9 4 4 9 4 E BROADWAY N 1 lib ./01"1to, TUCSON AZ 85711 7_A1 L AMOUNT PAID S 1 2 . 0 0 UT)LJTY EASEMENT Stone Can_yo» LLC, (''Grantor"), does hereby grant to Town of Oro Valley.Y an Arizona Municipal Corporation, ("Grantee"), a perpetual easement and way right-of for rr res ) cress and egress s and a thinly easement on, over, under, and through the burdened land as shown on Exhibit "A," attached hereto and incorporated herein by this reference. Grantee is hereby grantedthe right to lay, construct. operate. maintain: inspect, repair: replace; relocate and remove utili ry facilities and appurtenances on; over. under, and through the burdened land as legally all y described -� „ B_" 3t toh d hereto and incorporated herein by this reference. Grantee may enter the Property at all reasonable times necessary or convenient to accomplish the foregoing. Following entry for the above purposes, Grantee shall restore the Property to a good and clean condition, and if the property is paved, restore saidp avement. This easement is subject to the following conditions J. Grantor may use said right-of-way and easement for any purposes not inconsistent with actual use of said right-of-way and utility easement for the purposes herein granted, so long as Grantee's use and access to this right-of way and easement is not obstructed. 2. Grantor warrants that he/she holds good title to the burdened land, and the-eby has the authority and right to enter into this agreement. 3. All easements and rights described herein are easements and rights running with the land; perpetually in force and effect, and at all times shall inure to the benefit of, and are binding on, Grantee and Grantor, their successors and assigns, respectively. 4. Any and a)) easements and rights granted herein shall be freely assignable by Grantee- 5. Reference in subsequent deeds of conveyance, or in any mortgage or deed of trust or other evidence of obligation, to the easements and rights described in this conveyance within any subsequent conveyance of the burdened land or assignment of easement and or easement rights shall be sufficient to create and reserve such easements and rights to the respective grantees: mortgagees; and trustees of such unit of ownership as fully and completely as though such easements and rights were recited frilly and ser fY,4 ._f Orth rn their entirety in such documents. 'f,‘,1,11.1i..N `1l ll'C^IS "1',,IFr•11• i�J..: •,1 THIS EASEMENT granted this 7 day of , 20 07 GRANT /I 1)9 By: / / • • Title: / STATE OF AR]ZOIA ) SS COUNTY OF PIMA Thisz,insi men was acknowledged before me this 7av of 20 0 by I. .1 d-e Ana A - Notary blic My Commission Expires: /0 •-- 3-,/() _ •• _ •• JAN VERNON • Nntr:Jy Public - Ali2ona 'J. PIMA COUNTY My Commission Expiies: OCTOBER 3, 2010 ••• ,..•. •.. .•-•.-__, .S- 1,, 4 1 . tei Vi A1CR Po,N1 4 15 / DODO i J920PAGE 3212 \, k, (NO SCALE) ‘), \\ NP \ \\s\\ I \\ \ ,., COMMON AREA •C 13. \ COMMON AREA O 1/41t 614W Viiik INGRESS, EGRESS ANO e wP5 AND PLATS UTILITY EASE m(N-I 400, BOOK 58. PAGE 3 N POThl OF BEGINNING L01 17 4 COMMON ARIA T \. MAPS AND PLATS •\ BOOK 53. PAGE 4-8 I4," 0 LAND it .--- ti ,‘f i CA7 f SC/Ap ,\' STEVEN S \II rv: 3 1 029 . 70 ...- ix,''S•0 ,VY- / 1 1.01 173 ONA 0•5 1 POP/i Of • , COMMENCING t.-.'• , / .-: \ \ 9-61/ r.) a .., il toI 172 //,. / /> ..,, / II) V . \ , , JAN 29, 2007 \ - -- pipri11 SKETCH FOR INGRESS, EGRESS AND UT1L111" EASEMENT IN STONE CANYON II, I* Cardinal 4 25 S Plume,, hi 1 02 SAND PLATS BOOK 53, PAGE 4-8, SECTION 15, 1 H S., R.I 3 E, G.&S PTA, t 40 Tucson. A62ono 85719 COUNTY, ARIZONA \N Land Surveying lel. (520) 798-3603 FAY (520) 7S8-3832 4111 I N GRE S S, EGRESS , AND UTILITY EAS EMEN T An easement for ingress, easement, and utilities , being that portion of Common Area "A" , shown on the plat of Stone Canyon I I , Rancho Vi etoso Neighborhood 1 1 , Lots 135 Through 234 , recorded in the Office of the County Recorder of Pima County, Arizona, in Book 53, Page 48 , of Maps and Plats, more particularly described as follows. COMMENCING at the Westernmost corner of Lot 172 as shown on said plat of Stone Canyon II , Thence North 21 degrees 40 minutes 11 seconds East along the Westerly line of said Common Area "A" , 467 . 31 feet to the POINT OF BEGINNING; Thence North 81 degrees 57 minutes 14 seconds East , 1 . 02 feet to a point of curvature; Thence along a curve to the right, having a radius of 380 . 00 feet and a central angle of 020 degrees 43 minutes 35 seconds, 137 . 46 feet to a point of tangency; Thence South 77 degrees 19 minutes 11 seconds East , 7 . 77 feet to a MO) point of curvature; `hence along a curve to the left , having a radius of 120 . 00 feet and a central anole of 095 degrees 09 minutes 39 seconds, 199 . 30 feet; Thence South 82 degrees 28 minutes 50 seconds East , 5 . 00 feet; Thence North 07 degrees 31 minutes 10 seconds East , 8. 30 feet to a point of curvature; Thence along a curve to the right , having a radius of 25 . 00 feet and a central angle of 055 degrees 54 minutes 55 seconds, 24 . 40 feet to a point of tangency; Thence North 63 degrees 26 minutes 06 seconds East , 18 . 92 feet to a point of curvature; •few �N 1 31029 • STEVEN 5. Page 1 of 4 ONA • Thence along a curve to the left , having a radius of 75 . 00 feet and a centra] angle of 037 degrees 47 minutes 50 seconds , 49 . 48 feet to a (010 point of tangency; Thence North 25 degrees 38 minutes 16 seconds East, 58 . 08 feet to a point of curvature; Thence along a curve to the right, having a radius of 375 . 00 feet and a central angle of 009 degrees 30 minutes 39 seconds, 29 . 05 feet; Thence North 54 degrees 51 minutes 05 seconds West, 5 . 00 feet; Thence North 35 degrees 08 minutes 55 seconds East , 38 . 13 feet to a point of curvature; Thence along a curve to the left , havino a radius of 120 . 00 feet and a central angle of 016 degrees 23 minutes 40 seconds, 34 . 34 feet to a point of tangency; Thence North 18 degrees 45 minutes 15 seconds East, 29 . 84 feet ; Thence South 71 degrees 14 minutes 45 seconds East, 10 . 00 feet to a point of non-tangent curvature, from which point the radius point bears South 71 degrees 14 minutes 45 seconds East; . Thence along :8cudre:erete: the right, having a radius of 120 . 00 feet and a central ange of042degrees 34 minutes 45 seconds, 89 . 18 feet; LI' Thence South 4 0 minutes 00 seconds East, 25 . 00 feet to a point of non-tangent curvature, from which point the radius point bears South 28 degrees 40 minutes 00. seconds East ; Thence along 8 curve to the right , having a radius of 95 . 00 feet and a central angle of 012 degrees 35 minutes 19 seconds, 20 . 87 feet to a point of tangency; Thence North 73 degrees 55 minutes 19 seconds East , 55 . 18 feet; Thence North 16 degrees. 04 minutes 41 seconds West, 19 . 81 feet to a point on the Southerly line of Water Plant 15, described in Docket 11920, Page 3212, in said Office of the Pima County Recorder; 1 (-.) Thence South 89 degrees 58 minutes 02 seconds West along said Southerly line , 17 . 64 feet; 9 / +\ 0 .-i i t i. • 1 I' .ST Cti'Z `�S.NS `t " �'` • r� • .,„,1.: i .S>, 4.lit Page 2 of 4 i°*. 'Y/r 1' Thence North 00 degrees 01 minutes 58 seconds West along the Westerly line of said Water Plant 15, 73 . 16 feet; A.-ft-, Thence South 73 degrees 55 minutes 19 seconds West , 41 . 40 feet ; Nigil Thence South 16 degrees 04 minutes 41 seconds East, 10 . 00 feet; Thence South 73 degrees 55 minutes 19 seconds West, 17 . 04 feet to a point of curvature; Thence along a curve to the left, having a radius of 180 . 00 feet and a central angle of 022 degrees 08 minutes 17 seconds, 69. 55 feet; Thence South 38 degrees 12 minutes 58 seconds East, 10. 00 feet to a point of non- tangent curvature, from which point the radius point bears South 38 degrees 12 minutes 58 seconds East; Thence along a curve to the left, having a radius of 170 . 00 feet and a central angle of 033 degrees 01 minutes 47 seconds , 98 . 00 feet to a point of tangency; Thence South 18 degrees 45 minutes 15 seconds West, 29 . 84 feet to a point of curvature; Thence along a curve to the right, having a radius of 80 . 00 feet and a central angle of 016 degrees 23 minutes 40 seconds , 22 . 89 feet to a point of tangency; Thence South 35 degrees 08 minutes 55 seconds West, 38 . 13 feet to a point of curvature; NUJ1 Thence along a curve to the left, having a radius of 220 . 00 feet and a central angle of 009 degrees 30 minutes 39 seconds, 36 . 52 feet to a point of tangency; Thence South 25 degrees 38 minutes 16 seconds West, 58 . 08 feet to a point of curvature; Thence along a curve to the right, having a radius of 30 . 00 feet and a central angle of 037 degrees 47 minutes 50 seconds , 19 . 79 feet to a point of tangency; �, Thence South 63 degrees 26 minutes 06 seconds West, 18 . 92 feet to a `-1 point of curvature; } q 1. .,. . • 4,-,,hvi.% s;\ i <<, ,-`!,`-,{7r'. _ r. ' ' 3i0 S tG '��n ', 1% if ��. OV�rENS �j • Page 3 of 4 Thence along a curve to the left , having a radi .."- central angle of 055 degrees 54 minutes us o_f 70 . 00 feet and a 55 seconds, 68 . 31 feet to a point of tangency; (IIMV Thence South 07 degrees 31 minutes 10 seconds West, point of curvature: 6 30 feet to a Thence along a curve to the right, having adi a central angle of 095 de rees 0 9 a rus of 80. 00 feet and g 9 minutes 39 seconds , 132 . 87 feet to a point of tangency; Thence North 77 degrees 19 minutes 11 seconds West point of curvature; 77 feet to a Thence along a curve to the left , having a radius of a central angle of 017 degrees 47 420 . 00 feet and 9 minutes 35 seconds, 130 . 43 feet to a point on said Westerly line of Common Area "A" ; Thence South 21 degrees 40 minutes 11 seconds West a Westerly line , 45. 42 feet to the POINT OF BEGINNING. (lir r 1. L r c; 10 �. , ti 5• :J •� ..1.v . is t 1 r.r, ,l'e- ;.,''" -9/I.. A .\\-:::._ r• ,,, ,,,, --ti)y) ev Page 4 of 4 `\.I /. C.,,,I,`k !T .1-r l • EXHIBIT "E" mid M..tgalk,haichIc5Miatet thillay\Progns\Sionc Canyon Easeincni.s1Eascmcns diah 101306.dor 8 F. ANN RODRIGUEZ, RECORDER DOCHET: 12989 RECORDED BY: M_S PAGE, 7 1 3 DEPUTY RECORDER �' NO. OF PAGES : 6 1966 PE3 � ti� A' SEQUENCE: 20070280273 W x 4411V 02/09/2007 THE WLB EASMNT 32 : 29 4444 E BROADWAYCie -9�JZOr;P TUCSON AZ 85711 MAIL AMOUNT PAID 5 11 . 00 UT�L)TY EASEMENT First American Title TR 9044 Attn: Stone Canyon Master HOA. Grant " Town " ( or ), does hereby grant to T o n of Oro Valley, an Arizona Municipal Corporation, ("Grantee" ), a perpetual easernent and right-of way for ingress and egress and a utility easement on, over, under, and through the burdened land as shown on Exhibit "A," attached hereto and incorporated herein n by this reference. Grantee is hereby granted the right to lay, construct, operate, maintain,p inspect, repair, replace, relocate and remove utility facilities and appurtenances on, over, under. and through the burdened land as legally described in Exhibit "B," attached hereto and incorporated herein by this reference. rp Grantee may enter the Property at all reasonable times necessary or convenient gent to accomplish the foregoing. Following entry for the above purposes, Grantee shall restore the Property to a good and clean condition, and if the properly is paved, restore said pavement. This easement is subject to the following conditions J. Grantor may use said right-of-way and easement for any purposes not inconsistent with actual use of said right-of-way and utility easement for theu oses herein rp granted, so long as Grantee's use and access to this right-of way and easement is not uc obstrted. 2. Grantor warrants that he/she holds good title to the burdened land, and thereby has the authority and right to enter into this agreement. 3. All easements and rights described herein are easements and g rights running with the g land, perpetually in force and effect, and at all times shall inure to the benefit of, and are binding on, Grantee and Grantor, their successors and assigns, res ectivel P ) 1. Any and all easements and rights granted herein shall be freely assignable ssignable by Grantee. 1 5. Reference in subsequent deeds of conveyance, or in any a molt e or deed of trust gg or other evidence of obligation, to the easements and rights described in this conveyance within any subsequent conveyance of the burdened � y 9 y land or assignment of easement and or easement rights shall be sufficient to create and reserve such easements and rights to the respective grantees, mortgagees, and trustees of such unit of ownership f as fully and completely as thoueh such easements and rights were recited full yandset . forth in their entirety in such documents. COI C\DOCS'ME-i`.sw-).�TC'IOCL-"1..,p'w PMj''OO oa 7 IBIS EASEMENT granted this day of 7..J vRHN a B y: � . Title. STATE OF ARIZONA ) SS COUNTY OF PIMA This instrument was acknowledged before me this day of 6 , 20 tr7 , by r a Notary "blic My Commission Expires: 10 3 - /0 ..••... •• . •. .. . . � -: � JAN VIINON �k� Notary Public - ArIzona My ComPIMAmissionCOUNTY Ex fires -•moo . P OCTOBER 3, 2010 { .j. LJ CAPO CUL.i1- : L5- ck, i kir iiCOMMON AREA G_ I (NO SCALE) MAPS AND PLATS ' i BOOK 58, PAGE 3 1 i \ \ \\ . ' I . I COHSE PVA110N E�.SEME N1 o 11, BOOK 58, PAGE 3 ( / . COMMON AREA -A- INGRESS, EGRESS AND , , 4's 140,‘ UTILITY EASEMENT '.': \,, A ,� a 0 MAPS 53 ANO P L,a1 S I BOOK PAG[ 48 l01 240 _ 4" . POINT OF VARIES COMMON AREA 'C' l01 173 BEGINNING \ � .1 F , . u, �1 0 ., 0 l .o I_A tvp o ,�,F►cA je- SL,p LOl 241 z o 37029 0 ��z ii STEVEN S. ., a OWENS w .' ;'�. 4) s'9ncd` p.• a 'VA v )/1 (C):. LOl ?42 JAN 29. 2007 LHIBIT SKETCH FOR INGRESS, EGRESS AND UTILITY EASEI�EN1 IN STONE CANYON III, 4?S S. Plumtr, 100 4.11' ;APS ANO PLATS 800x 58. PAGE 3, SE CDON )5, 1 I 1 S., R 13 . Rc--& Cardinal 1 E. C.d�S. .1.,1., ucson, ar��ono 85710 mA COUNTY. ARIZONA Land Surveyin FAx (520) 798-3832 mommommmm .JAN-2 3-?.OU 7 TUE 10: 10 All FAX NO. P. 06 ' r INGRESS, EGRESS, AND UTILITY EAS EMEN T An easement for ingress, easement, and utilities, being that portion of Common Area "C", shown on the plat of Stone Canyon III , Rancho Vietoso Neighborhood 11 , Lots 235 Through 275 , recorded in the Office of the County Recorder of Pisn.a County, Ari Zona, in Book 58 , Page 3, of Maps and Plats, more particularly described as follows: BEGINNING at the Easternmost corner of Lot 240 as shown on said plat of Stone Canyon III ; Thence North 05 degrees 14 minutes 16 seconds West along the Easterly line of said Lot 240, 63. 62 feet to a point of non-tangent curvature, from which point the radius point bears South 79 degrees 22 minutes 16 seconds Eaet; Thence along a curve to the right, having a radius of 170 . 00 feet and a central angle of 005 degrees 18 minutes 29 seconds , 15 . 75 feet to a point of tangency; NO) Thence North 15 degrees 56 minutes 13 seconds East, 28 .82 feet to a point of curvature; Thence along a curve to the left, havino a radius of 80 . 00 feet and a central angle of 029 degrees 18 minutes 30 seconds , 40 . 92 feet to a point of tangency; Thence North 13 degrees 22 minutes 17 seconds West , 87 . 19 feet to a point of curvature; Thence along a curve to the right, having a radius of 100. 00 feet and 1 a central angle of 065 degrees 48 minutes 36 seconds, 114 . 86 feet to 2 a point of tangency; Thence North 52 degrees 26 minutes 19 seconds East, 1 6 . 1 9 feet to a point of curvature; . #---"'"(„k J. 11•• . r - 31029 °'� co STEVEN s.; • -1 owENs9 oip Page 1 of 3 �20NA0 51.7- vitt) J AIS-23-200 i TUE I 0: I l All FAX NO. F 07 Thence along a curve to the right, having a radius of 220. 00 feet and (60, ; ' a central angle of 022 degrees 01 minutes 04 seconds,ds, 84 . 54 feet to a point of tangency; Thence Nnrth 74 dAr7"TG1A 0 �7 7 .m.._._i n u teo 2_-4. oc.cond..s East , 88t , 17v el feet tv a point of curvature; Thence along a curve to the left, having a radius of 480 . 00 a central angle of 006 degrees 19 minutes 0 feet and 1 4 seconds,e, 5 2 . 9 5 feet to a point of ta_ngoncy; Thence North 68 degrees 08 minutes 09 seconds East, 51 . 80 feet to a point of curvature; Thence along a curve to the richt, having a radius of 520. 00 feet and a central angle of 013 degrees r49 minutes 06 seconds, 125 . 41 1 feet to a point of tangency; Thence North 81 degrees 57 minutes 14 seconds East, 25 . 90 feet to a point of curvature; Thence along a curve to the right, having a radius of 420 . 00 feet and a central angle of 002 degrees 56 minutes 01 seconds, 21 .50 feet to a a point on the Easterly line of said Common Area "C"; Thence South 21 degrees 40 minutes 11 seconds West along said - Easterly line of Common Area "C", 45 . 42 feet; 4001, Thence South 81 degrees 57 minutes 14 seconds West, 24 _ 88 feet to a point of curvature; Thence along a curve to the left, having a radius of 480 . 00 feet an a central angle of 013 degrees 49 minutes 06 seconds, 115. 76 feet; d Thence South 21 degrees 51 minutes 51 seconds East, 5. 00 feet Thence South 68 degrees 08 minutes 09 seconds West, 51 . 60 feet; Thence North 21 degrees 51 minutes 51 seconds West, 5. 00 feet point of non-tangent curvature, from which point to a hears North 21 degrees 51 minutes the radius point 51 seconds West; Thence along a curve to the right, having a radius of 520. 00 feet and A a central angle of 006 decrees 19 minutes 14 seconds, 57 . 36 feet point of tangency; to a r4} E� 0,-,,, : ..'ti.'1.1 n EE 0',ti/._l S t Page 2 of 3 JAN- �- - : 12 AM FAX Ax NO. P. 08 ?� ?00 7 TUE 1 C� • Thence South 74 degrees 27 minutes 23 seconds West, 1 7 6 _ 1 1 feet to a ��' point of curvature; J1 Thence along a curve to the left, having a radius of 180 . 00 feet and a central angle of 022 degrees 01 minutes 04 seconds, 69. 17 feet to a point of tangency; Thence South 52 degrees 26 minutes 19 seconds West, 16 . 19 feet to a point of curvature; Thence along a curve to the left, havi no a radius of 60 .00 feet and a central angle of 065 degrees 48 minutes 36 seconds, 68 92 feet to a point of tangency; Thence South 13 degrees 22 minutes 17 seconds East, 87 . 19 feet to a point of curvature; Thence along a curve to the right, having a radius of 120 . 00 feet and a central angle of 029 degrees 18 minutes 30 seconds, 61 . 38 feet to a point of tangency; Thence South 15 degrees 56 minutes 13 seconds West, 28 . 82 feet to a point of curvature; Thence along a curve to the left, having a radius of 130. 00 feet and r4•••, a central angle of 014 degrees 28 minutes 56 seconds, 32 . 86 feet to a point of tangency; Thence South 01 degrees 27 minutes 17 seconds West, 40 . 76 feet to a Ni) point on the Northerly line of Common Area "H" (Shaded Stone Place) as shown on said plat and a point of non-tangent curvature, from which point the radius point bears South 28 degrees 07 minutes 22 seconds West; Thence along said Northerly line along curve to the left, having a radius of 50 .00 feet and a central angle of 035 degrees 50 minutes 24 seconds, 31 .28 feet, to the POINT OF BEGINNING; EXCEPT any portion lying within the Conservation Easement shown on said plat of Stone Canyon III . ig i -4, d .....--OFFS- . �S1�,Y'�STEVEN S`#°; OWENS del • a, 1c.( ,., Iii)2 .. ... . im v , A Page 3 of 3 EXHIBIT "F" 1110 \\I—cgn1\shaichIcs‘.31c!U011,\Piojeci,\Sionc Caiwon East:nen,\Ea,enicni cbah 10150S do c 9 b Z 81- 11:°.i Q Q,=e. ... 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(R) 09- 06 APPROVING AND AUTHORIZING REVISED RESIDENTIAL AND COMMERCIAL DEVELOPMENT PLAN REVIEW FEES SUMMARY: Beginning in 2007, Finance staff began working with Public Works Development Review staff and consultants from Engineering and Environmental Consultants, EEC, on an update to the Town's development plan review fees. Extensive analysis was conducted to arrive at the recommended fees provided herein, and included a detailed comparison of fees charged in other surrounding jurisdictions for both residential and commercial developments of varying sizes. Staff also undertook a detailed man-hour analysis to determine the Town's cost of providing development review services and compared those costs to the fee revenue generated from this activity and found that our cost recovery rates have been declining over time in this area. Periodic progress updates have been provided to the Town Council during the duration of this analysis as follows: • November 7, 2007 Regular Council Meeting — Progress Report on Development Review Fees Update • April 30, 2008 Council Study Session — Development Review Fees Recommended Changes • September 24, 2008 Council Study Session — Development Review Fees Recommended Changes At the last study session held on this topic, September 24, 2008, staff presented recommended changes to the Town's development review fees to achieve a number of goals as follows: (1) to increase the cost recovery associated with the development review process since these fees had not been adjusted since 2003 and; (2) to provide an incentive for development plans to be turned in correctly at the beginning of the process, thus reducing the frequency of 3rd and 4th review submittals. Additionally, the Council has made the routine review of development fees and user fees a priority in the Town Manager's annual performance goals and the Town's adopted Strategic Plan in an effort to ensure the Town's financial sustainability. The fees recommended for revision include the following applicable to both residential and commercial construction projects: • Preliminary/Tentative Plat/Development Plans • Landscape Plans • Native Plant Preservation Plans TOWN OF ORO VALLEY Page 2 of 2 COUNCIL COMMUNICATION MEETING DATE: JANUARY 21, 200 • Final Plats • Paving, Grading and Sewer Plans • Stormwater Pollution Prevention Plans • Type II Grading Permits • Select Planning and Zoning Administrative Review fees At the conclusion of September's study session on this topic, the Council directed staff to prepare a resolution with the revised fees for Council action. The revised Development Services Fee Schedule with the recommended fee revisions printed in red is attached to the resolution as "Exhibit A". Also attached for reference as Attachment B is the comparison of the Town's current development review fees to proposed fees that was presented to the Town Council on September 24, 2008 In early December, staff received the attached letter (Attachment C) from the Southern Arizona Home Builders Association (SAHBA) expressing their concerns on our proposal to increase development review fees. Citing the weak economy, SAHBA notes that home builders are no longer making a profit in the current market, and cannot afford such proposed fee increases. Finally, they offer some alternatives for consideration, such as waiting until the housing economy turns around to raise fees or phase in the fee increases in incremental steps. Staff recommends adoption of the revised fees as presented for a number of reasons. First, t"1 current fee schedule is five (5) years old. The recommended practice is to review and update the fees at least every other year. Over this time, the Town's cost of providing development review services has increased largely due to annual salary and benefit increases for Town staff providing these services. This has caused our cost recovery rates to decline over time in this area. Also, the Town Council has placed an emphasis on charging adequate fees for service to ensure that development pays its fair share. Adopting these fee revisions as recommended is consistent with this goal. ATTACHMENTS: 1. Resolution (R) 09- 06 Authorizing and Approving Revised Residential and Commercial Development Plan Review Fees 2. Exhibit A - Development Services Fee Schedule - Updated 3. Attachment B - Comparison of Current Development Review Fees to Proposed Fees from September 24, 2008 Study Session 4. Attachment C - Letter from SAHBA, Dated December 1, 2008 7_111,e•e- Stacey Lem. , Finance Director David Andrews, Town Manager RESOLUTION NO. (R) 09- 06 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, AUTHORIZING AND APPROVING REVISED RESIDENTIAL AND COMMERCIAL DEVELOPMENT PLAN REVIEW FEES. 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, Town staff proposes these changes to existing development plan review fees in order to bring fees in line with the associated cost of the development review process, and to provide incentives for timely and accurate development plan submittal at the beginning of the process, reducing the frequency of additional plan review submittals; and WHEREAS, the proposed revisions to the residential and commercial development plan review fees are based on a comparison of fees charged in other Pima County jurisdictions; and WHEREAS, Town staff recommends that the proposed residential and commercial development plan review fee changes be approved to help ensure the Town's financial sustainability; and WHEREAS, it is in the best interest of the Town to approve the revised residential and commercial development plan review fee schedule attached hereto as Exhibit "A". NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Oro Valley, Arizona, that: 1. The revisions to the Residential and Commercial Development Plan Review Fees, attached hereto as Exhibit "A", are hereby approved. 2. The Town Manager and any other administrative officials of the Town of Oro Valley are hereby authorized to execute and implement the changes to the Residential and Commercial Development Plan Review Fees. 3. All Oro Valley Resolutions or Motions and parts of Resolutions or Motions of the Council in conflict with the provisions of this Resolution are hereby repealed. \\Legal\sharefiles\Finance\Policies\Dev Fees Changes\Resolution Dev Review Fee Changes doc Town of Oro Valley Attorney's Office/sb/010509 PASSED AND ADOPTED by the Mayor and Council of the Town of Oro Valley, Arizona, this 21st day of January , 20 . No110 TOWN OF ORO VALLEY, ARIZONA Paul H. Loomis, Mayor ATTEST: APPROVED AS TO FORM: Kathryn E. Cuvelier, Town Clerk Tobin Rosen, Town Attorney Date: Date: mad *mud Page 2 of 2 • EXHIBIT "A" DEVELOPMENT SERVICES FEE SCHEDULE REVISED JANUARY 21, 2009 GENERAL POLICIES FOR ALL APPLICATIONS As specified in the OVZCR,all fees must be paid in full prior to acceptance of an application. Fees identified after submittal are due as determined by the Planning and Zoning Director(Public Works Director for rights-of-way fees). All fees must be paid prior to the issuance of permits and/or release of assurances. Bond release inspections may be deducted from the appropriate bond if this is part of the language of the bond. Charges for partial review of any project will be based on the stage of review and staff time already dedicated to the project. The Planning and Zoning Director may refund up to 80%of the fee. The Planning&Zoning Director may waive fees if an undue hardship has been created by the Town. All other fee waiver requests must be approved by the Town Council. Fees will not be applied to applications or events initiated or sponsored by the Planning&Zoning Commission or Town Council. GIS fees are charged per development project. For example,GIS fees charged for a rezoning would be credited toward the GIS fees specified for a related development plan and/or plat. Whenever independent consultant review is provided for in the OVZCR(Golf Course Overlay,Communications facilities, Riparian analysis etc.),the applicant must reimburse the Town for all consultant fees incurred. GENERAL PLAN AMENDMENTS Minor Map Amendments(Up to 5 Developable Acres) $1,800 Each Additional Acre $40 Natural Open Space No Charge Maximum Fee $10,000 Major Map Amendments(Over 5 Developable Acres) $2,600 Each Additional Acre $40 Natural Open Space No Charge Maximum Fee $15,000 Text Amendments(1 to 5 Items) $900 Each Additional Item $100 REZONINGS(not including PADs) Up to 10 acres of residential or up to 2 acres of commercial $3,900 Each Additional Single Family Residential Acre $40 Each Additional Multi-Family Residential Acre $60 Each Additional Commercial/Industrial Acre $100 Natural Open Space No Charge Additional GIS Fee if any structure is>2 stories $600 Additonal GIS Fee applied to open space trades,grading into 25%slopes or riparian areas $100 Maximum Fee $35,000 Change of Conditions/Standards $900 Time Extensions $600 OVZCR TEXT AMENDMENTS DevSvcsFeeSchedule RevisedJan2009.xls 1 DEVELOPMENT SERVICES FEE SCHEDULE REVISED JANUARY 21, 2009 TE iendments(1 to 5 Items) $1,000 EaOrrindditional Item $100 NEW PLANNED AREA DEVELOPMENTS (PAD) First 20 acres $4,800 Each Additional Single Family Residential Acre $40 Each Additional Multi-Family Residential Acre $60 Each Additional Commercial/Industrial Acre $100 Natural Open Space No Charge Additional GIS Fee if any structure is>2 stories $600 Additional GIS Fee applied to open space trades,grading into 25%slopes or riparian areas $100 Maximum Fee $35,000 Recreation areas,golf courses(not including maintenance facilities,etc.)and similar uses are charged at the same rate as single- family. PAD AMENDMENTS Map Amendments Up to 10 acres of residential or up to 2 acres of commercial $2,400 Each Additional Single Family Residential Acre $20 Each Additional Multi-Family Residential Acre $30 Each "-+ditional Commercial/Industrial Acre $50 Nat open Space No Charge iler Additional GIS Fee if any structure is>2 stories $600 Additional GIS Fee applied to open space trades,grading into 25%slopes or riparian areas $100 Maximum Fee $10,000 Text Amendments(1 to 5 items) $1,300 Each Additional Item $100 DEVELOPMENT PLANS AND/OR PRELIMINARY PLATS Up to 2 acres of commercial or multi-family $3,500 Each Additional Developed Acre $90 Natural Open Space No Charge Riparian Mitigation Plan(each 1/2 acre) $125 min 1/2 acre Alternative Parking Analysis $75 Additional GIS Fee if any structure is>2 stories $600 Additional GIS Fee applied to open space trades,grading into 25%slopes or riparian areas $100 Addressing and Recording $35 plus Pima County Fees Title Report Review Fee $200 Drainage Report Review Fee $650+$20/acre Archaeology Report Review Fee $100 Arizona State Historical Museum(ASHM)Review Per ASHM Review Fee Schedule Phase I Environmental Assessment Review $100 Tra )act Analysis Review $100+$30/acre Geo I Technical Reports Review $100 DevSvcsFeeSchedule_RevisedJan2009.xls 2 immimmmimor DEVELOPMENT SERVICES FEE SCHEDULE REVISED JANUARY 21, 2009 3rd&Additional Reviews 50%of original plan review fee Development Plans following a Master Development Plan 1/2 of std DP fees fgalle LANDSCAPE PLAN REVIEW(up to 2 acres) $1,000 Each additional acre $60 3rd&Additional Reviews 50%of original plan review fee NATIVE PLANT PRESERVATION PLAN REVIEW(Up to 2 acres) $1,000 Each additional acre $60 3rd and Additional Reviews 50%of original plan review fee PLATS (subdivision or block) Final Plat and Condo Regimes $1,000+$30/acre Map Amendments(per affected lot) 1/2 regular fee Text Amendments $350 per submittal Addressing and Recording $35 plus Pima County Fees Title Report Review Fee $200 CC&R Review $500 Assurance Agreement Review $500 Substitute Assurances $100 3rd&Additional Reviews 50%of original plan review fee SIGNS (those requiring permits only) Permanent Signs Plan Review and Issue Permit(up to 25 sqft) $225 per sign package; per business each additional sqft $2 Full DRB Review $350 if required;per sign package Electrical and Structural Review&Inspection Fee Per Building Code Change of Copy or Repair Permits 25%of the standard permit fee Reinspections $50 Temporary Signs(renewal specifications in OVZCR) General(unless otherwise specified) $50 per sign, per renewal Model Home Flags $50 Open House,Owner $25 good for one year,includes ROW permit Kiosk Signs per contract ROW permit(3-day) $12 ROW permit(120 consecutive days) $375 ROW permit(annual) $1,000 Installation Fee(Public Works Dept.) $50 for single post sign $100 for double post sign Materials provided by the T.O.V. Public Works Dept. At Cost PAD Exemption $700 Comprehensive Sign Package $1,000 Plan Check and Resubmittal Fees 25%of the total fee charged Unauthorized or Illegal Signs Double permit fee and/or subject of littering penalties Fees to bring a non-conforming sign into conformance none (based on undue hardship or request by the Town) CONDITIONAL USE PERMITS DevSvcsFeeSchedule_RevisedJan2009.xls 3 DEVELOPMENT SERVICES FEE SCHEDULE REVISED JANUARY 21, 2009 co nal Use permit $1,000 DEVELOPMENT REVIEW BOARD FEES Model Homes(first model) $220 Additional Models $100 per model Custom Homes,General Architecture,Additions $220 Commercial Architecture(first building pad) $270 Additional Building Pads $100 per building pad Grading Exception $1,300 Phased Grading Plan Included in Plat or Plan Submittal COMMUNICATION FACILITIES Tier I $700 Tier II-DRB Review Only $1,000 Tier II-Additional Town Council review, if required $300 Major $1,800 BOAD OF ADJUSTMENT APPLICATION FEES Variance or Appeal of Decision(1 item;1 lot)Corporate $600 Variance or Appeal of Decision(1 item; 1 lot)Individual $150 Fees for each additional,simultaneous variance or appeal $100 MISCELLANEOUS PLANNING AND ZONING AND PUBLIC WORKS FEES Annexation and related Pre-development Agreements No Charge GIS Services $75 per hour Floodplain Status Review $15 Administrative Review $200 Final Plat Scriveners Error $100 Each Submission Minor Land Division 50%of Preliminary and Final Plat Charge Revisions to Previously Approved Plans 50%of Original Plan Fee/or Fee Set by Planning&Zoning Director or Public Works Director Floodplain Use Permit $370 Resurittals Due to a Rejected Certification $100 DevSvcsFeeSchedule_RevisedJan2009.xls 4 DEVELOPMENT SERVICES FEE SCHEDULE REVISED JANUARY 21, 2009 Additional reviews due to failure to address previously specified Each application is allotted two reviews requirements $100 (initial and after 1st resubmittal) 4.111110,. Continuance or Postponement due to Applicant $200 •At applicant's request,due to inadequate re-submittal,etc.,once the hearing has been noticed or placed on the agenda. Penalty for Late Payment over 30 days 5%for each 30 days Interpretation or Zoning Verification $100 Public Art $220 Special Use Permit $370 Appeals to DRB or Council $400 Appeals to Appeals Officer $230 Time Extensions(except rezonings) $260 Home Occupations(Type I) No Charge Home Occupations(Type II) $390 Grading Permits(Type I) $470 includes plan review More than one resubmittal and/or reinspection for previously identified issue $74 per additional submittal or site visit Grading Permits(Type II and III) 1/2%of construction cost or$500, whichever is greater Improvement and Other Plans $500+$200/sheet 3rd&Additional Reviews 50%of Original Plan Review Fee Stormwater Pollution Prevention Plan Review $100+$100/sheet 3rd&Additional Reviews 50%of Original Plan Review Fee Field Inspections(General) $40 per hour Field Inspections(Release of Assurances) $150 Each Reinspection $35 Pima County Wastewater Review per Pima County fee schedule APA Fund Transactions $1 per transaction Rights-of-Way ROW Permit $50 (includes work in dirt and driveway tie-ins) Pavement cuts up to 20 square feet $150 (includes permit and inspection fees) Pavement cuts in excess of 20 sqft or trenching in the pavement $450 (includes permit and inspection fees) No street cuts shall be allowed for a street which has been constructed,reconstructed or overlaid within the previous 60 months. ,Major streets will require boring-if boring is not feasible,an asphaltic concrete friction course(ACFC)will be applied to the surface of the roadway for a distance of 500'in each direction from the pavement patch. COMMUNITY DEVELOPMENT COPIES AND PUBLICATIONS FEES (not including those items in Town Administrative Directive#5) Copies Copying Files(sent out) Cost to Town ..are Large(D or E)copies $1 each DevSvcsFeeSchedule RevisedJan2009.xls 5 DEVELOPMENT SERVICES FEE SCHEDULE REVISED JANUARY 21, 2009 Star'-,rd Print(b&w) $1 each St Print(color) $3 each Lar standard Map(blueline) $5 each Large Standard Map(color) $10 each Publications OVZCR per Chapter $15 each OVZCR in Total via Outsourcing Contractor Fee General Plan Document $40 each Miscellaneous Custom Maps/Projects $75 per hour&materials Data Diskette $2 each Create a CD $10 Fax Transmissions(10 page limit-send only) $1 per page Photographs Cost to Town RUSH Fee(less than 24 hours for more than 30 minutes work) Additional 50%or cost to Town if sent out Tape copy of minutes $24 1.10 DevSvcsFeeSchedule_RevisedJan2009.xIs 6 i w Residential and Commercial Development Fees ATTACHMENT B Town of Oro Valley Town of Oro Valley Plan Sets Current Proposed C 45 1st Submittal $130/sheet $500.00+$200.00/sheet a) (I) oa 0 C 2nd Submittal No fees No fees T.T' 50%of Original Plan Review 0 3rd Submittal $100/sheet Fee 0) C $100/sheet 50%of Original Plan Review 4th Submittal Fee 1st Submittal $130/sheet $500.00+$200.00/sheet _ca 2nd Submittal No fees No fees LL 3rd Submittal $100/sheet 50%of Original Plan Review Fee (u $100/sheet 50%of Original Plan Review 4th Submittal Fee 1st Submittal $130/sheet $100.00+$100.00/sheet C 03 2nd Submittal No fees No fees NOY a. a_ 3rd Submittal $100/sheet 50%of Original Plan Review Fee $100/sheet 50%of Original Plan Review 4th Submittal Fee ( — E $720.00 for 1st 100,000 CY+ 1/2%of construction cost or (T $50.00 ea addtl 10,000 CY $500.00,Whichever is Greater 0 Planning &Zoning Fee Updates (Administrative Review No Charge $40.00 per hour* *Revised to$200 flat fee `Final Plat Scriveners Error No Charge $30.00 per hour* *Revised to$100 per each submission Minor Land Division No Charge 50%of Preliminary and Final Plat Charge Minor Revisions to Previously Approved Plans No Charge 50%of Original Plan Fee 2 l Residential and Commercial Development Fees ATTACHMENT B Town of Oro Valley Town of Oro Valley IPlan Sets Current Proposed 1-1'3 $3,000.00 up to 10 lots+$40.00/ $3,500.00 up to 2 ac+ • 1st Submittal ea addtl lot $90.00/ea addtl ac a) • Title Report Review Fee $0.00 $200.00 ct c Drainage Report Review $0.00 $650.00+$20/ac a) ~ Archaeology Report Review $0.00 $100.00 a c Ph. I Environmental Assessment Review $0.00 $100.00 E '6 Traffic Impact Analysis Review $0.00 $100.00+$30/acre 2 Geological Technical Reports Review $0.00 $100.00 c c3 E. }' 2nd Submittal No fees No fees a) E o 3rd Submittal Flat Fee 50%of Original Plan Review .5 $100.00 Fee > Flat Fee 50%of Original Plan Review o 4th Submittal $100.00 Fee 1st Submittal $1,000.00 up to 2 ac+$60.00 (i) Included with Tentative Plat Fee each addtl ac c a) • 2nd Submittal No fees No fees No fees 50%of Original Plan Review ca 3rd Submittal Fee 0 w -o c 50%of Original Plan Review _j 4th Submittal No fees J Fee $1,000.00 up to 2 ac+$60.00 1st Submittal Included with Tentative Plat Fee each addtl ac 0 a- 2nd Submittal No fees No fees a_ z 50%of Original Plan Review a_ No fees • 3rd Submittal Fee 0 z No fees 50%of Original Plan Review 4th Submittal Fee $1,000.00 up to 10 lots+$20.00/ $1,000.00+$30.00/ac 1st Submittal ea. addlt lot Title Report Review $0.00 $200.00 CC&R Review $0.00 $500.00 178 • Assurance Agreement Review $0.00 $500.00 TT 2nd Submittal No fees No fees c Li- 50%of Original Plan Review 3rd Submittal Flat Fee Fee $100.00 No fees 50%of Original Plan Review 4th Submittal Fee 1 December 1, 2008A TTAC H M E NT C SA H BA Stacey Lemos L._ the communitybuilder Finance Director Southern Arizona Home Builders Association Town of Oro Valley Southern Arizona 11000 North La Canada Drive Home Builders Oro Valley, AZ 85737 Association 2840 N. Country Club Road Dear Ms. Lemos: Tucson,Arizona 85716 Phone: (520) 795-5114 Fax: (520) 326-8665 As Mayor and Council weigh a proposal to increase development review Web: www.sahba.org fees, it is important to consider the current state of the building industry and the effect fee increases would have on area builders. First, single-family home building in Southern Arizona has almost ceased. President In October only4permits werepulled in the Town of Oro Valley.With a weak Edward P. Taczanowsky Y economy and major increase of impact fees in December, it's unlikely this trend • will turn around anytime soon. 2008 Executive Officers Second, a four-fold increase in the cost of development review fees would pose significant hardships on Oro Valley home builders. Across the board, our Chairman members have been forced to slashrices, and overhead, just to break even. No Randy Agron p A. F. Sterling Home Builders one is making a profit in the current market. Builders simply cannot afford a $50,000 increase in fees. First Vice Chairman Third, while we understand that the reasons the Town is considering this Steve Craddock fee increase, we offer an alternative perspective: Lennar • The fees have not been adjusted in approximately 5 years. SAHBA is not unilaterally opposed to fee increases, we simply suggest waiting until the Second Vice Chairman industryturns around before findingan appropriate solution.Washburn Washburn Custom Builders • The current fees are much lower than surrounding areas. While this is true, the Town should see this as a competitive advantage and market this Secretary to builders in-turn helping the local economy. Martha Wright • The department is not self-sustaining. Yes,the workload has increased in Southwest Gas Corporation recent years but that is a direct result of the additional, arguably � Y Treasurer unnecessary,constraints and requirements on builders. As the John Shorbe, Sr. requirements go up, the workload goes up. Also, self-sustainability is not Canoa Development, Inc. the objective of local government. Is it required that the police department write enough tickets in order to "break even"? 2007 Past Chairman Finally, we ask that you consider alternatives to a massive fee increase Art Flagg starting with a moratorium on any buildingfee increases until normal building KB Home rates return. Another option is a multi-year phase-in of the increase. Dedicating Legal Counsel construction tax revenue to fund the department is yet another option. SAHBA John E. Kofron would be more than willing to work with the Oro Valley team to flesh out these Fennemore Craig ideas to create a win-win alternative. Sincerely, David Godlewski Now Government Liaison, SAHBA TOWN OF ORO VALLEY Page 1 of 2 7OUNCIL COMMUNICATION MEETING DATE: 01/21/09 TO: HONORABLE MAYOR AND COUNCIL FROM: DAVID ANDREWS, TOWN MANAGER SUBJECT: DISCUSSION AND CONSIDERATION OF FUNDING REQUEST BY THE GREATER ORO VALLEY ARTS COUNCIL FOR THE 2009 INDEPENDENCE DAY CELEBRATION SUMMARY: The Community Funding Program was established in 2007 to formalize the process of funding local community organizations. Any local agency seeking more than $1,000 in funding is required to complete an application and present their program to the Community Funding Subcommittee for consideration. The Community Funding Program runs concurrent with the budget cycle and final approval of funding is made at the time the final budget is adopted. During the first year of the process (FY2008-2009), the Greater Oro Valley Arts Council (GOVAC) raised some concerns about the timing of the award decision and their annual Independence Day Celebration. In order to ensure that GOVAC is able to plan ahead for this year's Independence Day Celebration, they have submitted a request to the Town for $50,000 to fund the July 4, 2009 event. GOVAC is hoping this one time yard, outside of the Community Funding Program, will allow them to more adequately plan for this year's villtrelebration. If funding is granted for the 2009 Independence Day Celebration, GOVAC will then submit their 2010 Independence Day Celebration request as part of their formal community funding application. GOVAC has requested that the Town approve the funding for the 2009 Independence Day Celebration by February 13, 2009 and that the entire funding amount be provided to them on or before July 3, 2009. It is customary as part of the Community Funding Program that agencies receive funds after they have submitted performance measures for their programs. GOVAC's request to receive payment prior to completion of their event is atypical and at the discretion of the Town Council. Given the current state of the economy and recognizing that the FY2009-2010 budget year will be leaner than prior years, the Town Manager is recommending that GOVAC be granted funding in the amount of $25,000 consistent with the 2008 Independence Day Celebration. FISCAL IMPACT: This request would be granted out of the General Administration budget in the amount of$50,000. RECOMMENDATION: The Town Manager recommends that GOVAC be granted funding in the amount of$25,000 consistent with the 2008 Independence Day Celebration. TOWN OF ORO VALLEY Page 2 of 2 COUNCIL COMMUNICATION MEETING DATE: 01/21/0° 41 ATTACHMENTS: 1. Memo from the Greater Oro Valley Arts Council dated December 23, 2008, requesting funding for the 2009 Independence Day Celebration SUGGESTED MOTIONS: The Council may wish to consider one of the following motions: I move to approve the Greater Oro Valley Arts Council's request for funding in the amount of$ for the 2009 Independence Day Celebration. OR I move to deny the Greater Oro Valley Arts Council's request for funding for the 2009 Independence Day Celebration. 6.4 David Andrews, Town Manager GREATER OROkLLEY ARTS COUNCIL Memorandum "Enriching lives...Bringing the community together." Celebruting 10 Years To: Oro Valley Town Manager, David Andrews CC: Town of Oro Valley Mayor, Paul Loomis; Vice Mayor Al Kunisch; Council Member Paula Abbott; Council Member Kenneth "KC" Carter; Council Member Barry Gillaspie; Council Member, Salette Latas; Council Member, Bill Garner;; Assistant Town Manager, Jerene Watson; Finance Director, Stacey Lemos; Finance Analyst, Art Cuaron; Management Assistant, Tory Schlievert From: Greater Oro Valley Arts Council; Executive Director, Kate Marquez; Board President, Satish Hiremath DDS Date: December 23, 2008 RE: Oro Valley Independence Day Celebration 2009 Dear David: For over ten years, the Greater Oro Valley Arts Council has presented the Town of Oro Valley's Independence Day Celebration in Riverfront Park on the fourth of July. This event has become a signature event of the Town of Oro Valley. The partnership that occurs each year between the Town of Oro Valley staff and GOVAC results in a monumental event that has grown in attendance from an estimated 1,700 attendees in 2001, to over 10,000 individuals in 2008. GOVAC is proud to produce this event each year and would like to continue to do so for many years to come. It is therefore essential that GOVAC establish an early funding cycle for the event. The Town of Oro Valley staff and GOVAC begin planning this event six to nine months in advance, which is a pertinent factor in planning such a large scale community event in regards to Parks & Recreation, Police, Public Works, Talent booking, event contracts, timing, etc. To .uccessfully execute this event, GOVAC must be assured funding six to nine months in advance. Since the event has ,iways been kept free to the public, Town support of this event is crucial and must be know well in advance so that planning can be done in a fiscally responsible manner. It is for this reason that GOVAC presents the following proposal regarding the July 4th event and asks for your support. The Greater Oro Valley Arts Council requests that the Town Council approve funding in the amount of$50,000 for the 2009 Independence Day Celebration independent of all other GOVAC Town funding. This amount will cover the normal costs of the event and the costs involved with the Oro Valley Police Department and the Parks and Recreation Department, Public Works, etc, since this event will not be included in GOVAC's 2008-2009 or 2009-2010 Community Funding pot (a preliminary budget for the event is attached for reference.) Funding for this event should be approved as soon as possible, to begin planning arrangements, and funds must be received on, or before Friday July 3, 2009 to cover the day-of costs associated and to enable GOVAC to remit payment in a timely manner to groups such as the Oro Valley Police Department. If approved, GOVAC will then submit for the 2010 Independence Day Celebration with its 2009-2010 Community Funding Application. This will enable us to establish a cycle of funding that allows for adequate planning time for both GOVAC staff and Town staff involved in the event. The Greater Oro Valley Arts Council is in no way requesting additional funds from the Town of Oro Valley and does not want to see this request effect any future considerations of Community Funding. We do, however, feel strongly that it will not be possible to plan this event for 2009 unless we are granted the approved funding amount before February 13, 2009. Please grant our request so that GOVAC and the Town of Oro Valley may successfully continue their partnership of this event for many years to come. Best Regards, ate Marquez, Executive Director Jr. Satish Hiremath, President, Board of Directors Independence Day Celebration 2009 Saturday, July 4, 2009 at Riverfront Park, 2 pm to 10 pm 5 music performances, live musical fireworks display, food vendors, family, teen and youth activities Preliminary Budget as of December 23, 2008 FY '09/10 Proposed DIRECT REVENUE Budget :„:„..., ...„. 1) Earned Revenue (Describe) $1,.1452 a. Bus Fee $1 $500 b. Food Vendors (5 © $125) $625 c. Jar Donations &Water Sales $0 Corporate Support 1111$54.0 a. Title Sponsor: Hilton Tucson El Conquistador $5,000 3) Government Support $50,000 a. Town of Oro Valley $50,000 Total Direct Revenue $56,125 FY109/10 Proposed DIRECT EXPENSES Budget 1) Guest Artists/Talent Fees $4,000 a. Describe: Entertainment $4,000 2) Production Expenses $13,000 a. Sound Reinforcement(sound system, wireless speakers) $2,500 b. Lighting (additional lighting for bus lines at end of event) $1,000 c. Staging, tents, chairs & coolers $5,000 d. Set-up/Tear-down Labor $2,000 e. Children's Activities $2,500 3) Facility Costs Town of Oro Valley $3,700 a. Parks & Recreation: Dumpsters $300 b. Parks & Recreations: Electrician $1,200 c. Parks & Recreations: Irrigation Repair $100 d. Parks & Recreations: General Supplies $100 e. Parks & Recreation: Staff $1,200 f. Public Works: Message Board $200 g. Public Works: Signage & Traffic Control $600 4) Advertising & Promotions $4,000 a. All Medias $3,000 b. Signage $1,000 Supplies & Materials $1,500 a. Miscellaneous $1,500 6) Remaining Event Expenses $18,200 a. Bus shuttles $5,000 b. Mileage $200 c. Portapotties; trash/recycling cans $500 d. Overnight Security, OVPD, Explorers honorarium $12,500 7) Allocable Costs $11,500 a. GOVAC Direct Staff Support $11,500 Total Direct Expenses $55,900 Net Direct Revenue Over Direct Expenses $225 Pob rAA-2 Mayor and Members or the Council: My name is Eiot) Baughman, a resident of Oro s r• - f""N 111,....1 VOAlt71_, al 1U k-,!IC!! LI ie t_f VCille7y ! !! UJ! ! VCILIU!I i,..,01!!!I tt IZY ca, Commission Chair that i address you this evening. On 12 canary 2009 the i-iPC mei and considered discussions about the appointment ritri +cArrrt r'f nrNriirt+rn carN+ rv; rv't nrc, r'f +Inn t-1OC' IA In rct ve:N 44^Ntta 0-sn LAI III %Jo UI LIlU III it VU IAlU CariVVAIU LI.UAL • 4 $ - - - _ _ _ ! our is GUI ISiCiii119 appointments to all Boards and ',JT!omissions, DM we rvIrrnezfeant tr) 4rirc "Ink/ +ho After rijcr' inrIA/0 nrrivinri qt. minmo ft fte.law ft....fte ft.•ft, vs ir, ;ri i •i • ; IF 1.0 i.•••,•• fte fte•s fte vibe ftai I ;•• vvere adopted unanimously', and wNch the LHC; was directed to present to yUU. Mg 4, oft r)eft eft...A eft !ft.%; I: 1.10ft • ',Asia.;oft oft{ oft ; e eft C‘fft eft,oft if, sii;oft oft eft ea, 1-11/4.) LiiVU I I itOi1/4.)i ik.11 UR O.'i supported by entire Town departments, hpeatise their responsibilities Pre hrr_)aci and coincident with those, of cl departmont. Some snr\fie more narrow purposes ,?,nd are more narrowly staffPci, HPC is nic4w, and Histnric Preservation is sufficiently comniey, th.f ir °toff neacw-lo hotici not hcut hci tn hc3 nricana Itcal‘t prirircsoccwi 14...;VU ift..9ftri,,/ 1,1141,..., LU JU .‘ftePftwit Thcl National Historic (thePHistoric ea Preservation Art National HicinrPrcprtrtinn act of 1966, = =.1" as amended)-the Arizona State Historic Preservation Act (ARS 9-462.01 et sea.)-and nnw. ()lir nwn nrciinRnrA, onvc4rn Histnrie- PrAsPrvAtinn in nrn ViIvWI" have nn inWP staff member with detailed knowledge of that legislation and associated resqulations. Be.ca.use the original members of HPC recoonized the lack of Town staff who met the Secretary of Interior standards for historic preservation, we drafted the HP Ordinance to provide three (instead of two) year terms, and to aliow unlimited succession on the Commission. The feeling was that it would be a good while before the Town could afford a trained, dedicated historic ;Preservation staff rnernber, and exoerience could accumulate in the appointed HPC membership. Participants in that drafting exercise inciuded the 'late Jiim Kriect navy-counciiman Kunisch, damci then Community Development Director Brent Sinclair. The Town Council specifically addressed the term issue and approved it unammously 2006. The Oro Vaiiey ,Historic ;'Dreservation Article 6-10-5-A=2 re:quires: Prospective members should have demonstrated significant interest in and commitment to the field Lft LP ! Mit ft, !JF VC-!!L--1!I, I ViLiVf f!=_,VLI 1.7f If ft-:i Lf V, if I vot -,7111 If -F! ftfua, yam!, group, current non-conflicting or previous employment or volunteer activity in the field of ;$.1 41.1.,, 471,1,4 -14 ,te. stotiJ, v Gum", (-Pt, 1//VC',c1. 11.1 If. IiIL/ If 17::/ LIt7CIIIC.11,-1/r-7 IQ( itYlik.1 members be current or previous professionals in the areas of architecture, history rtrthleyre.h net"/et" 1111:.." tArt UI For the tirst two years ot 1-11--)C's existence, interviews were conducted by Council +t,„, lIctroulI, t.!!c." !!al!, OM! PO Ml!, OA!U v ,U!!!!MI!my u' 1/ 17:1!L L'!! MAdll I I U!!! 2007 on, when a vacancy occurred, HPC Council iiaison, the Chair, Jim Kriegh and staff 114,..EI,1!eV= ffiltI4 1,==,r.1,4 "" A fl II ILK.,-7,1 VIUVVUUA 1,./C1,111,411,4C4M-e-0 LII 11,J1 ccet_,,,,,,111111c-il 11,4C41,1‘,11 10 11,0 vcAt IIUO discussed candidates which resulted in a better understanding of the candidates and a rtnr‘rn ,e,nrtirinrcle4 eq,,,nit, \pin rtrt; rie,± h‘. r‘nn rNnrc,rs.n. vu;+in I I 1,./1 V VI,I I V 11,..AV V VI V! . L-SVV, V VII LV V VIVIV I y r ILI POtentiaNY knowiedge of the func.iion (-..-)r the HPC is an improvement over a choict.:-; rvIniriclf4'4r1 nnri .r4.°h- t4Ir4 h-ui intorootori Dnrtioc,. in puolic lite, transparency is desired ana is highly emphasized by the Arizona open A if, I r_-_,A7.711„11 !!A!avt,_ yr-) KJ krir2;! V t!!at t,IlcultA!! vis., "0.° VY!!! I! 1,17,7_,-:!__•.,C1!! y • • _z • • _ _ _ involve the intrusion of personal or partisan politics in that process, but it appears to r‘f f", etrNirtes,e,-/-4 4." cAm-ivw L!!CA II ILI tA I kit I. I I!t LAYL# LI! kA I f 4, CA LiA Lk! k_11 I 4.# %A 4_1 /I t t-r4 CA I CA I I Lk_.. Li against that possibility, out it makes it less likely and more acceptable in the public nnre%nn+irsn 1-IntAin‘!nr rOntln 4l-n rwnrvaoo nnrrteanttirtn "^h^rh1" rinnlinfio I. a ai IUS.AV 44,0,4111 e!...”.." great harm to the stature of local governinent I line', A. 11 aV e served tvvo terms as Chair of uie vdiley Lvvu Lei H ct Ul Li ie cerionn 47 HPr. ni ilinfi those vers I have fnl Ind the nresenr'e of Connnil iPinn 1 . invaluable. 1t enab!es Corntnissioners to get to kno,iiv at !east one merTiber of the Council; and at least one member of Council to get to know the Commission well_ It keNinn rsnrrNryNic+c•ir,inc_tre, f4 ,a1 4-1 r+ "f hank +, r- tettrrtm eNnt ksi ii L in sum than WPC makes no rear -Nrnrnannfintinn about term lengths no innri no there is no limit on the number of terms able to be served, recommends retention of the current process for selecting Commission members, and the retention of Council Liaisons. -61 i will he hapny to answer rii!estions 21 January 2009 TOWN OF ORO VALLEY 4 Page 1 of 6 ;OUNCIL COMMUNICATION DATE: JANUARY 21, 2009 TO: HONORABLE MAYOR & COUNCIL FROM: AINSLEY ANNE LEGNER, PARKS & RECREATION DIRECTOR SUBJECT: UPDATE, DISCUSSION AND POSSIBLE ACTION ON TOWN OF ORO VALLEY BOND PROJECT SUBMISSIONS FOR THE PIMA COUNTY BOND PACKAGE BACKGROUND: Historically, Pima County has packaged bond questions to include items for the County, as well as the local jurisdictions and tribes. These bond questions have included parks and recreation, open space, historic preservation, detention and court facilities, public safety, law enforcement, public health, cultural facilities, flood control, solid waste, and other related areas of need. There have been three successful bond packages —in 1997, 2004 and 2006. (The 2006 bonds were for psychiatric care facilities only.) Pima County Bond Advisory Committee The Pima County Bond Advisory Committee (PCBAC) provides review, oversight and recommendations to the Lima County Supervisors on the development of bond questions and, the expenditure of bond funds, and any changes in the bond package. This Committee is required to meet twice a year to review the progress of the bond programs. During the development of a bond package, the Committee can meet two to three times per month in the full committee or in sub-committees. The Advisory Committee consists of representatives from each of the jurisdictions. Resident John Neis, appointed by the Town Council, serves as the volunteer representative for the Town of Oro Valley. At least one Town Staff representative (Ainsley Legner, Scott Nelson, and/or Nancy Ellis) attends each full Committee Meeting, as well as subcommittee meetings in which Oro Valley project requests are reviewed. 1997 and 2004 Bond Projects Completed, ongoing and pending Oro Valley projects included in the 1997 and 2004 bonds are listed below. 1997 Bonds Dennis Weaver Park (now James D. Kriegh Park) Improvements COMPLETED Bond Funding: $250,000 Scope: Installation of lighting improvements to the football stadium on Canyon del Oro High School property. ‘116, TOWN OF ORO VALLEY Page 2 of 6 COUNCIL COMMUNICATION DATE: JANUARY 21, 200 void Oro Valley Canada Del Oro River Park COMPLETED Location: South Side of Canada Del Oro Wash, from La Canada to First Avenue, Oro Valley, Arizona Bond Funding: $1,000,000 Scope: Development of a 3-mile river park (public linear park) system along the Canada del Oro Wash, including bike path, walking path and pedestrian bridges. Canada Del Oro Riverfront Park COMPLETED Location: Lambert Lane, Oro Valley, Arizona Bond Funding: $1,250,000 Scope: Work consists of development of an integral district park in the northwest area that will be all new construction, including 4 ball fields, rest rooms, ramadas, picnic areas, parking, sidewalks, playground, volleyball, basketball, horseshoes, landscape, and access to CDO Wash. Northwest(Oro Valley) Library COMPLETED Location: Town of Oro Valley/Site Adjacent to Oro Valley Town Bond Funding: $2,000,000 Scope: Construction, furnishings and opening collections for a library to be located on a site adjacent to the 0:40) Valley Town Hall. A separate intergovernmental agreement governing the funding of design and construction of the facility will be executed between the Pima County and the Town of Oro Valley. Town of Oro Valley Urban Drainage Improvements COMPLETED Location: Town of Oro Valley Bond Funding $161,517 Scope: The Town of Oro Valley has requested that the bond funds be expended to improve a portion of Mutterers Wash south of Greenock Drive. The Town of Oro Valley managed the construction of this project, through an intergovernmental agreement with the County. 2004 Bonds Steam Pump Ranch Rehabilitation ONGOING Location: West of Oracle Road in Oro Valley, near Canada del Oro Wash, in the Town of Oro Valley. Costs: $4,997,807 Bond Funding: $4,997,807 (additional funding reallocated from Naranja Town Site Park 4.43) Scope: Acquire acreage and rehabilitate the historic Canada del Oro Steam Pump Ranch—the founding site of the Oro Valley community. TOWN OF ORO VALLEY Page 3 of 6 illimr:OUNCIL COMMUNICATION DATE: JANUARY 21, 2009 Honey Bee Village Site Acquisition ONGOING Location: Town of Oro Valley, along Honeybee Creek east of North Vistoso Boulevard. Cost: $1,340,000 Scope: Purchase sufficient acreage to protect the critical areas of the Honeybee Village site that are threatened by planned residential development. Oro Valley Public Library Expansion COMPLETED Location: 1305 West Naranja Drive, Oro Valley, Arizona Cost: $1,100,000, with Construction being $710,000, Computers/Technology being $200,000, and Furnishings/Fixtures/Equipment being $190,000. Bond Funding: $1,100,000 Other Funding: Professional services (A & E) will be paid by the Town of Oro Valley. Scope: The new 25,000 square foot library opened August 2002 with 15,000 square feet of finished space and an additional 10,000 square foot unfinished shell for future expansion. The scope of this project was to finish out the shell. Urban Drainage Infrastructure Program COMPLETED T ocation: City of Tucson, Town of Sahuarita, Town of Oro Valley Green Valley, Town of Marana, Ajo Nsiocope: Town of Oro Valley - Flood control improvement to tributaries to the Canada del Oro Wash including Highland Wash, flooding behind the Oro Valley flood control levee in Oro Valley Estates, and Pistachio Wash. (Monies from other sources also used to complete these projects.) Kelly Ranch Acquisition PENDING Location: The parcels are located at the intersection of Tangerine and Oracle, on the east side of Oracle. Cost: $5,000,000 Bond Funding: $2,500,000 Other Funding: $2,500,000 - The Town of Oro Valley, with the close cooperation of Pima County, will seek this additional funding from Arizona State Parks. Scope: Purchase in fee simple or acquire conservation easements on 5 parcels totaling 103 acres, which would be added to the boundaries of Catalina State Park. TOWN OF ORO VALLEY Page 4 of 6 COUNCIL COMMUNICATION DATE: JANUARY 21, 200' SUMMARY: In May of 2006, the Town of Oro Valley received a request from the Pima County for a preliminary "wish list" of items to be included in the proposed 2008 Pima County Bond Program. Subsequently, the Town Council recommended the following parks and recreation, open space, historical, flood control and transportation projects. (For a complete breakdown, see Attachment A.) In summary, projects include: u a Town's Original County _ Y { Administrator's Project Name Bond Funding Request Recommendations t a;a Y.... .,-.. -....-_,.................. . ......-, ,......- ....... ...,.. - _m r.„._..,. ...,. .... y......._,v..v ..ar.a.rv...a•.r.-.....•...•.-,.r•.r r.•w......m._... ... .........rMw_I .. ... .. .,.........♦..v_.ru+v'«._.,re.rr..rv.i.i,_w..._v.r._..w•...:.._wv.•••.it .. ... Naranja Town Site Improvements - Outdoor Recreation $38,000,000 $0.00 Big Wash Linear Park - N of Tangerine Rd to Pinal County $7,000,000 $3,000,000 and CDO Wash Linear Park - SW of La Canada to Town Boundary James D. Kriegh Park Upgrades $1,000,000 = $1,000,000 Overton Arts Center Area - Construct Ballfield Complex and $6,700,000 $0.00 Equestrian Staging Area at La Canada & CDO Wash Acquire Access & Develop Rancho Vistoso Trailhead to $500,000 $0.00 Tortolita Mountain Park West Lambert Lane Park Improvements $3,000,000 $0.00 1 Kelly Ranch -Additional Funding for Acquisition $8,000,000 $0.00 NoW State Land - North of Oro Valley No amount specified No specified amount Hardy Road/Overton Road Property Acquisition $6,000,000 $0.00 Steam Pump Ranch Rehabilitation, Restoration & Adaptive $5,000,000 $2,000,000 Use Honeybee Village $250,000 $0.00 Steam Pump -Ranch Museum Development $2,000,000 , $0.00 Chalk Wash - Flood Control $1,000,000 $0.00 Saddle Valley/Logan Crossing - Flood Control $500,000 $0.00 Shadow Mountain - Flood Control $1,360,000 $0.00 Lomas de Oro - Flood Control $350,000 $0.00 Roadway Drainage Infrastructure for Discharge $1,700,000 $0.00 Conveyance Big Wash Flood Water Harvesting and Pilot Recharge $500,000 $0.00 Project CDO Wash Floodplain and Open Space Acquisition $5,000,000 $0.00 Transportation Safety Program - Oro Valley Portion of$50M $4,000,000 $0.00 TOTALS $91,860,000 $6,000,000 In 2007 and early 2008, the Pima County Bond Advisory Committee met regularly to review the projects and provide a recommendation to the County Administrator and Pima County Supervisors. The Committc recommendations, which included approximately $26 million in projects for Oro Valley, are reflected in dec.or on Attachment A. TOWN OF ORO VALLEY Page 5 of 6 -'OUNCIL COMMUNICATION DATE: JANUARY 21, 2009 Open Space Recommendations Over the course of administering the 1997 and 2004 bond funds, the County recognized that if specific parcels of land were identified in the bond program with a specific dollar amount, all efforts to negotiate and get the best possible price was lost. Subsequently, the County decided to reflect a lump-sum amount in the bond with a list of potential properties that could be purchased with those funds. In the initial request to the County, the Town identified Kelly Ranch, an unspecified portion of State Land to the North, and the Hardy Road/Overton Road property as open space properties recommended to be included in the bond for acquisition. During the County's review of Oro Valley's requests, the Hardy Road/Overton Road property acquisition was moved out of the open space category and into the parks and recreation category. The Kelly Ranch and State Land properties remain in the open space category. Next Bond Election Date and County Administrator's November 2008 Memo Although the Committee had originally recommended a November 2008 election, they reversed their recommendation earlier this year and suggested that the County wait until at least 2009 to present a bond question to the voters because of the down turn in the economy. n November 14, 2008, County Administrator Chuck Huckelberry issued a memorandum outlining his recommendations regarding the funding of certain programs and projects for a possible general obligation revenue bond issue in November 2009 (See Attachment B). In this memo, Mr. Huckelberry recommends against a November 2009 general obligation bond election At the December 12, 2008 PCBAC Meeting, the Committee discussed the bond election dates and the recommendations made by Administrator Huckelberry in his memo. Although the Committee did decide to move forward with a recommendation to hold the sewer bond election in 2009, they decided not to take action on the rest of Mr. Huckelberry's memo. Their next meeting date will be set for February of 2009. Their deadline for a recommendation to the County Supervisors regarding a 2009 general obligation bond election is June of 2009. Status of Oro Valley Projects In County Administrator Chuck Huckelberry's November 2008 memo, he recommends sweeping cuts in the PCBAC recommendations for Oro Valley projects. (See Attachment A for an overview and Attachment B for more detail.) The Town originally recommended approximately $91 million dollars is project funds for Oro Valley. Through the PCBAC review process, this figure was reduced to around $26 million. Administrator Huckelberry has made additional cuts, and is now recommending that a total of $6 million of Oro Valley projects be included in the next Pima County general obligation bond election. TOWN OF ORO VALLEY Page 6 of 6 COUNCIL COMMUNICATION DATE: JANUARY 21, 200_,, ed ATTACHMENTS: A. Spreadsheet of Town of Oro Valley Projects Submitted for the 2008 Pima County Bond Program B. County Administrator Chuck Huckelberry's November 14, 2008 Memorandum Ainsley g 'Legner, Parks an. • e. ion ;irector # Iik44d41&) ene Watson, Assistant Town Manager 1411,6( i David Andrews, Town Manager TOWN OF ORO VALLEY Page 1 of 3 �'OUNCIL COMMUNICATION MEETING DATE: 01/21/09 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 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. The item this evening is requesting Council direction to initiate these changes so that the potential new process could be available for the upcoming fiscal year. Based on the discussion at the November 12, 2008 study session, staff has the following recommendations for amending the process. LISOARD 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 a turf/commercial and 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. 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. TOWN OF ORO VALLEY Page 2 of 3 COUNCIL COMMUNICATION MEETING DATE: 01/21/09 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 PlanningInstitute 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 inp rior years, with the Council making these assignments among themselves on a yearly basis. Council Members will be assigned to the following boards or commissions: vied Amphitheater School District Governing Board Metropolitan Tucson Convention and Visitor's Bureau (MTCVB) Pima Association of Governments/Regional Transportation Authority (PAG/RTA) Tucson Regional Economic Opportunities (TREO) 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. 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 thep � u oses of this process change, staff recommends extending the duration of their term by one mor"- expiration } makingthe date July 31, 2009 to coincide with the new process. TOWN OF ORO VALLEY Page 3 of 3 "OUNCIL COMMUNICATION MEETING DATE: 01/21/09 Slow 6/41 Ka yn Cuvelier, Town Clerk JO. Tory : lievert, Management Assistant David Andrews, Town Manager .0 0 0 i rn 0 0 0 o ` o o y.y o o , 0 0 o C o ci 0 0 c o o u) o o f.o 2 0 0 o N o 0 ` O O o .. 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N V C _ +' C N V ¢ C1 o O 0 2 00 C > ... d L. o O c O C O A .O j O ca eC O E ce N aca 2 cC L a) . to N.- t N C a) LL .2 - co L H O C c (B C a, ' c O .x C.Q) > o = O 0 CO C i u) `'C O F- a O CU `- CL O c~D E Q) Q k N E o U U o a d O io a r c v a) O a) )m1 'Cu' a > ' 0 o— ` 2o a3 . o N =a a OQ ao Z Q °- _ oU _ O oo t3. n- ' .- (>) . C v o a2 maE— a l o c >, Z > a) a a. c 0 C O Q) .� ° O U U ca a) >CU a. ,� ((J — ` 1 C �S c a) c O) C > -p ca > U) m Y rn U U cr, J c ¢ O > J c a o c L .O CU o t c , Z O = c o o c I 2 3 J cv ` N J U a) LL L , - Q 5- !Z L a) ` O LL o o a Y = �, c� Q c LL, v a) c� E E — O O P li .c 'al Q o HC) 0 c`na a) 0c ¢ C CU Li H C cca0 a ai D co j >,N cn - C (- ` J L E J j O c to O a) E >, a) o . 3 9 > o H 3 E J E ami < Q a� �' a`ai C ami E a, ) ccaa E c O c o ca > ,---; a) ca 0 t ca O o 0 Q F- Z o0 O < = cn 2 in = co 0 cn cn J m 01.- ATTACHMENT B ti MEMORANDUM • „,,, Date: November 14, 2008 To: Chair, Vice Chair and Members From: C.H. Huckelberry Pima County Bond Advisory Committee County Adminis r Re: County Administrator Recommendations Regarding Funding of Certain Programs and Projects for a Possible General Obligation Revenue Bond Issue for November 2009 I. Introduction The Bond Advisory Committee has been meeting since 2006 to discuss programs and projects that could be included in a future County bond authorization election for General Obligation Bonds, as well as Sewer Revenue Bonds. The Committee has met 12 times. You also divided the Committee into four subcommittees that have met an additional 50 times to hear requests and testimony from various County officials, elected officials, department directors, and the general public. Eleven public open houses and presentations at neighborhood meetings have been held. Comments have been received regarding various projects and programs that are contemplated for inclusion in a future bond election. In total, over 12,500 comments have been received. You have done this while continuing your Code obligations to monitor and provide oversight of previously approved bond issues. Through your efforts you have segregated bond requests into various categories and have pared down an overall total bond request of $3.2 billion to now $1 .9 billion. As has been stated to the Committee in both written and oral reports, the County's ability to pay for additional bonding indebtedness is limited not only constitutionally, but also practically. The taxpayers of Pima County and their ability to pay must be foremost in our consideration as we pursue future bond authorizations. To begin the process of further refinement and reduction of bond programs and projects to reach an approximate $750 million future authorization, you have asked that I provide you with my recommendations regarding what projects and programs to include in such an authorization. In the following sections of this communication and memorandum you will find my recommendations. They should be viewed as simply that - a place to begin further discussion and refinement. These recommendations are similar to the recommendations made to this same Committee on November 12, 2003, for the 2004 bond election. The Committee, in some cases, substantially modified my recommendations in formulating the final list of projects and programs to be placed before the voters in 2004. I expect that you will do the same with my recommendations in formulating a future bond package to be placed before the voters of Pima County. Chair, Vice Chair and Members, Pima County Bond Advisory Committee County Administrator Recommendations Regarding Funding of Certain Programs and Projects for a Possible General Obligation Revenue Bond Issue for November 2009 November 14, 2008 Page 2 II. Concern for General Economic Conditions As the Committee knows, there was some initial thought that a bond authorization proposal could be placed before the voters in November of 2008. The Committee wisely chose to defer this date to November of 2009, based on unstable economic conditions. The only General Obligation Bond Question on the November ballot was defeated by a substantial margin (Oro Valley Naranja Park bonds). The economic conditions that caused the Committee to defer a bond authorization in November of 2008 have only gotten worse - much worse. A. State and Local Budgets and Revenue Picture - Local governments everywhere are having to reduce expenditures to meet lower than expected revenues. The State of Arizona faces, again, an over $1 billion shortfall in its budget and it is likely that a special session of the Legislature will be called before the end of the year to deal with the projected State budget deficit. I have taken action to reduce County expenditures to meet currently projected shortfalls in State revenue sharing from sales taxes, vehicle license tax, and Highway User Revenue Funds. Local revenues in our Development Services Department are down 47 percent and wastewater connection fees are down 34 percent from the amounts budgeted, which had been substantially reduced from the previous year. Transportation impact fee collections have dropped 53 percent from last fiscal year. At all levels - federal, state and local - budgets are being reduced due to a lack of tax revenues. B. Bond Market Stability - Given the present national liquidity crisis, municipal bonding, which is a form of local taxpayer borrowing, has also experienced some uncertainty. In the County bond sale of January 2008, $100 million in General Obligation Bonds were sold in the market. At that time only two bidders responded to the invitation to bid. They were Merrill Lynch and Lehman Brothers, both of whom are no longer in business. One firm has gone into bankruptcy and the other has been purchased by Bank of America. The market for tax-exempt bonds has been impacted by the recent turmoil in the nation's financial and credit markets. Many institutional investors, who are the purchasers of Pima County's bonds, have suspended or limited their purchase of municipal bonds. Because of this, many governmental entities have canceled or delayed issuing additional debt. When debt has been issued, governments are now paying higher interest rates than were available only months ago. It is uncertain how much longer the current circumstances will remain and when institutional purchasers will begin investing in governmental bonds. C. Urgency of Sewer Revenue Bonds - The County is under a State Department of Environmental Quality order to make substantial, significant and costly improvements to the County wastewater system. The deadlines for these improvements are 2014 and 2015 respectively to our two largest wastewater treatment facilities. Over $565 million is dedicated for this purpose. Revenue bonds are exactly what they sound like; they are repaid through utility revenues. In the case of our wastewater utility, its revenue base is from its users, as well as new connections. Attachment 1 shows user fee contributions and connection fee revenues for the last five years. Chair, Vice Chair and Members, Pima County Bond Advisory Committee County Administrator Recommendations Regarding Funding of Certain Programs and Projects for a Possible General Obligation Revenue Bond Issue for November 2009 November 14, 2008 Page 3 As stated previously in this memorandum, connection fee revenues for the first quarter of this fiscal year are down by 34 percent, a substantial amount. In obtaining the revenues to repay revenue bonds, connection fee and user fee revenues are added together. If one drops dramatically, such as connection fees, then revenues from user fees must be increased accordingly. This could place existing sewer users facing unprecedented rate increases. For this reason I have written to the Arizona Department of Environmental Quality (Attachment 2), requesting that compliance deadlines for the substantial expenditure of bonds to meet their imposed regulatory deadlines be extended by five years. If an extension is received, it is likely I will ask the Bond Advisory Committee to either significantly reduce or defer the Sewer Revenue Bond Question that would be placed before the voters in 2009. If the request is denied, the full amount of sewer revenue bonds necessary to meet these regulatory deadlines will be placed on the November 2009 ballot as the only other alternative is to make and pay for these improvements on a pay-as-you-go basis, which would, again, substantially and significantly increase both sewer connection as well as sewer revenue fee increases. D. Counter-Cyclical Economic Stimulus - The only argument that could be used to advance a General Obligation Bond issue if current economic conditions continue is that the authorization would be part of what has traditionally been a counter-cyclical economic stimulus, where public expenditures, particularly in construction and project development, are used to offset significant declines in private sector building activity. In past bond elections, this strategy has been quite effective in producing high quality, low cost public investments. Such has occurred in previous bond elections, particularly when economic cycles followed a more regular pattern of expansion and contraction in approximate six- year cycles. The past economic expansion cycle lasted nearly 14 or 15 years, much longer than normal. Hence, the length of the contraction cannot now be accurately predicted. Therefore, the bond election, designed to be counter-cyclical in 2009, may be premature. E. Summary of Economic Conditions - In summary, a great deal of caution should be exercised in advancing a General Obligation and Sewer Revenue Bond issue for November of 2009. An authorization is simply that. It simply means the voters authorize the future issuance of debt. Authorization very often is looked upon as incurring debt and creating a repayment obligation. Authorization will eventually lead to such; however, as has been explained to the Bond Advisory Committee before, an authorization in 2009 would not lead to incurring debt until probably 2011 and, if authorized in 2009 and current economic conditions continue, it is likely, in order to meet the tax rate limits set by the Bond Advisory Committee, the "no tax surprises rule," it is possible that new debt, even if authorized in 2009, could not be issued until 2012 or later. Hence, unless there are definitive national and state signals of emerging economic recovery, I would not recommend that the Bond Advisory Committee place a General Obligation Bond question on the November 2009 ballot. Further, if the Arizona Department of Environmental Quality relaxes certain compliance deadlines regarding major wastewater treatment plant modifications, I would also not recommend that a Sewer Revenue Bond election be placed on the November 2009 ballot. Chair, Vice Chair and Members, Pima County Bond Advisory Committee County Administrator Recommendations Regarding Funding g of Certain Programs and Projects for a Possible General Obligation Revenue Bond Issue for November 2009 November 14, 2008 Page 4 III. Recommendation Priority Guidance My recommendations following in this memorandum are based on a number of guiding principles establishing priority for particular projects or programs. These general guidance principles were used to decide among competing project or program proposals, and have been tailored to reflect present conditions within Pima County. These priority guidance principles are as follows: A. Regional Benefit - The project or program must be regional in benefit and scope. The larger the number of expected beneficiaries, the higher the priority. Given the population of Pima County has now exceeded 1 million people, the regional extent of the urban framework is important. Projects of regional significance must be given priority over projects that would benefit only the local population base. B. Education Workforce Development - Projects or programs that advance educational opportunities and workforce skill development will receive priority. Given current economic conditions it is important that the existing Pima County workforce be given every opportunity to improve workforce skill development to compete with other cities and states within the country for economic opportunity. C. Partnerships-Projects or programs that promote public/private/non-profit partnerships will be given priority. Emerging in the 2004 bond issue was this category of project or program development. Projects developed in the 2004 program have been extraordinarily successful in bringing large community groups together in support of non-profit entities that provide a very important component of service or program delivery, or that have a key and essential component in our economic development base. Hence, I very much support and will continue to suggest that projects or programs that support this new emerging model of public service receive priority funding allocations for bond program and project consideration. D. Meet Regulatory Mandates - This category is self-explanatory. While we may question some of the regulatory mandates, relaxing their imposition is not an option available to the County. Hence, in order to avoid other costs such as fines and legal enforcement expenses, regulatory mandates must be met. E. Attract Other Revenues - Projects or programs that attract or secure other federal, state or local fund matches should receive priority over those that do not. F. Advance Board Adopted Principles of Sustainability and Conservation - Projects or programs that are compatible with and advance Board-approved policies advancing the Sonoran Desert Conservation Plan and the Pima County Sustainability Plan will receive priority bond funding consideration. Chair, Vice Chair and Members, Pima County Bond Advisory Committee County Administrator Recommendations Regarding Funding of Certain Programs and Projects for a Possible General Obligation Revenue Bond Issue for November 2009 November 14, 2008 Page 5 G. Previously Authorized Large-scale Bond Projects or Programs That Are Now Short of Funding - For a number of reasons, all of which are known, certain large-scale important projects or programs authorized in previous bond elections are unable to be completed without additional supplemental funding. This occurred in 1997 where the Pima County Public Health Center was significantly expanded in scope and size and relocated to the Kino Medical and Health Campus. This substantial increase in scope and size proved beneficial to operational aspects of healthcare delivery, yet could not occur within the original 1997 bond allocation. In 2004 the voters increased the allocation, which made construction of the facility possible. It is now complete and open for public use. This same issue has occurred with one project in the 2004 Bond Program, that being the Joint City/County Court Facility. This project is a key and important regional project that benefits virtually every resident in Pima County. Hence, it should receive priority funding consideration if, for whatever reason, the full function of the Joint Court cannot be attained without supplemental funding. These guiding priority principles have been used in formulating the recommendations to you outlined in the following sections. These criteria are slightly different from those that I provided the Bond Advisory Committee in the February 21, 2007 memorandum. However, these criteria should be viewed in conjunction with those identified in that communication, which for ease of reference, I have attached as Attachment 3 to this memorandum. IV. Open Space Open space acquisition has been included in almost every bond authorization placed before the voters and has enjoyed overwhelming voter support. In 2004, the open space acquisition question was the largest bond question placed before the voters and it successfully passed. Proceeds from this question have been used primarily for large landscape conservation acquisitions. A number of potential large landscape acquisitions are pending near the end of 2008. Further, these funds have been used to protect the departure corridor of Davis Monthan Air Force Base. Generally, open space categories are divided into three: habitat protection associated with the Conservation Plan; community open space generally closer to the urban interface; and, finally, Davis Monthan Air Force Base departure corridor protection. I am recommending significantly reduced allocations to these categories for this particular bond issue for several reasons, one of which relates mainly to some of the assumptions in the $285 million recommendation by the Conservation Acquisition Commission, which are now invalid. Given the likely acquisitions using 2004 bonds, there remains probably only one large privately held non-urban ranch holding desirable for future conservation and protection, that being the Marley Ranch south of Green Valley. The large dollar value recommendation from the Conservation Acquisition Commission assumed that State Trust reform would pass as a constitutional amendment in the General Election. The reform did not even have enough signatures to get on the ballot. Hence, it is unnecessary to plan large State Trust land acquisitions based on the State Trust reform that never happened. The significantly reduced values for open space acquisition keep the particular program categories funded until some future decision can be made on State Trust reform, which may take another decade or longer. %Pr Chair, Vice Chair and Members, Pima County Bond Advisory Committee County Administrator Recommendations Regarding Funding of Certain Programs and Projects for a Possible General Obligation Revenue Bond Issue for November 2009 November 14, 2008 Page 6 Traditionally, floodprone land acquisition has been on some bond issues and not on others. Floodprone land acquisition is an important open space acquisition category and I am including this as a sub-category under open space preservation for the first time in order to make more coherent sense of its inconsistent placement on past and future bond programs. Table 1 represents the recommended open space programs and bond amounts. V. Historic and Cultural Resource Preservation Historic and cultural resource preservation is relatively new in the history of Pima County bonding. Historic and cultural resource preservation was first included in the 1997 bond program. I am again recommending a significant allocation of funds to this program, however, not nearly what has been requested. I believe there are at least two important projects to emphasize, those being Canoa Ranch and Historic Fort Lowell Park. These are clearly high priority historic resources in need of protection and interpretation. Other project area fund needs I believe are self-explanatory. Table 2 includes my list of recommended historic and cultural resource preservation requests to include in a future bond election. VI. Public, Private and Non-Profit Partnerships mow As I have stated earlier, I strongly believe in strengthening and rewarding successful public, private, and non-profit partnerships. As governmental funding becomes more stressed in the future, it is very important that local governments forge working partnerships with non-profits and private entities in the delivery of important public services in the areas of recreation, healthcare and education. Public, private and non-profit partnerships are a relatively new category of bond program with a recommendation for funding first appearing in 2004. As you will see in my recommendations, I am recommending that we significantly increase the funding for these partnership programs as they tend to relieve local governments of operating and maintenance costs for specific programs and they forge strong community support as well as attract outside resources that normally would not be available to local governments. Table 3 includes my list of recommended public, private and non-profit partnerships to include in a future bond election. VII. Neighborhood Reinvestment and Housing These programs first appeared in 1997 and have been very successful programs at helping to restore and revitalize distressed sectors of the community. I am recommending that they be continued at the same past historical funding levels. A request has been made to increase funding to these programs. However, I believe it would be prudent to have program funding remain at historic levels. Table 4 includes my list of recommended neighborhood reinvestment and housing requests to include in a future bond election. Chair, Vice Chair and Members, Pima County Bond Advisory Committee County Administrator Recommendations Regarding Funding of Certain Programs and Projects for a Possible General Obligation Revenue Bond Issue for November 2009 November 14, 2008 Page 7 VIII. Justice and Law Enforcement Historically, justice and law enforcement has received a significant allocation of funding in each bond cycle. These funds are used to build very expensive capital facilities such as courts, adult detention facilities or jails, as well as juvenile detention facilities. In the past, these programs have been near the top if not the largest single allocation of bond funds. In this bond funding cycle I am recommending a significant departure from past practices. While I certainly understand that these needs will continue, I believe that a significant allocation of bond funds should be made to a previously authorized project that has, for a number of well- documented reasons, grown significantly larger than the 2004 bond allocation, that being the Joint Justice and Municipal Court Facility of the City and County. Such a facility is significant and critically needed, as demonstrated by the detailed space programming undertaken during architectural design with direct interaction with the two Court systems. The building size and cost is what it is. Therefore, I would recommend very limited justice and law enforcement funding of the requests made in presentations for this bond funding cycle, and a significant additional allocation for completing the Joint Municipal and Justice Courts Facility. Table 5 includes my list of recommended justice and law enforcement requests to include in a future bond election. IX. Public Buildings and Libraries I am recommending fewer bond dollars for public buildings and libraries for a future bond election than has occurred in the past. This is primarily because the County has opened more new library facilities in the last three years than in the history of the Pima County Public Library System. My recommendations regarding public buildings and libraries is shown on Table 6. Part of the reason I am making additional recommendations regarding public buildings is the fact that I have, in a previous section, recommended a significant supplement to a particular public building, the Joint Justice and Municipal Court Facility. X. Parks If I had to emphasize any particular bond program for an upcoming authorization, it would be parks, with particular emphasis for larger regional facilities that not only provide much needed park facilities for the community, but also assist in the economic development and tourism appeal of the community. It is very important that we make significant additional investments in our park system, and that these investments be strategically and geographically located throughout the community and positioned such that they contribute positively to economic development and tourism. My recommendations on parks focus on and emphasize park programs and projects that meet these criteria (Table 7). Xl. Flood Control I am recommending only capital projects where there is a need to repair existing past flood damage (Table 8). Chair, Vice Chair and Members, Pima County Bond Advisory Committee County Administrator Recommendations Regarding Funding of Certain Programs and Projects for a Possible General Obligation Revenue Bond Issue for November 2009 November 14, 2008 Page 8 XII. Solid Waste County solid waste activities are under review for long-term continuation. Existing County solid waste facilities are nearing capacity, with no alternative for developing new publicly owned landfills on the horizon. Therefore, I will be considering various alternatives to continuing solid waste programs in Pima County. The only funding being requested is for closure of existing landfills and/or environmental remediation associated with known contamination sites (Table 9). XIII. Transportation I am not recommending additional funding for the Transportation Safety Program (Table 10). XIV. Water Reclamation The water reclamation program is dependent entirely on timing of compliance requirements with the Arizona Department of Environmental Quality-imposed regulatory standards. I have requested that the Director of the Arizona Department of Environmental Quality consider a five-year extension of these compliance requirements that will allow the County to finance these improvements through more moderate fee increases. When I receive a response from the Department of Environmental Quality regarding my request, I will forward it to the Bond Advisory Committee. If the Department of Environmental Quality declines our request for extension, then I would recommend the list of requests shown in Table 11 . It is important that we expand the reclaimed water system to reduce groundwater pumping for turf projects, and to also provide environmental benefits such as restoring the flow to Cienega Creek. My recommendations in Table 12 reflect this. XV. Summary A. Timing of a Future Bond Authorization - In summary, in May of 2008 the Bond Advisory Committee chose to defer a bond election originally planned for 2008, to 2009, due to deteriorating economic conditions and the fact that bonds authorization in 2008 would likely not be spent on building projects until at least 2011 . The economic conditions have gotten much worse. State and local government revenues are down steeply and the bond market is unstable. Unless economic conditions significantly improve, I would not recommend that the Bond Advisory Committee request that the Board place a General Obligation Bond Authorization question on the November 2009 ballot. I will keep the Bond Advisory Committee updated regarding the status of my request for an extension from the Arizona Department of Environmental Quality regarding water reclamation improvements. Chair, Vice Chair and Members, Pima County Bond Advisory Committee County Administrator Recommendations Regarding Funding of Certain Programs and Projects for a Possible General Obligation Revenue Bond Issue for November 2009 November 14, 2008 Page 9 B. Summary of Recommendations - Below is a summary of my project level recommendations for further discussion and refinement by the Bond Advisory Committee. Please note that the recommended projects do not total the $750 million in available capacity, and do not account for estimated cost increases, which will be refined as the Committee continues deliberating. Summary of Recommendations Open Space $110,000,000 Historic and Cultural Resources 20,600,000 Partner Projects 78,100,000 Neighborhood Reinvestment and Housing 15,000,000 Justice and Law Enforcement 98,000,000 Public Buildings and Libraries 93,565,000 Parks and Recreation 142,253,000 Flood Control 24,000,000 Solid Waste 5,500,000 Water Conservation 10,000,000 Total GO Bonds $597,018,000 Total Water Reclamation Bonds $565,000,000 CHH/jj Attachments c: The Honorable Chairman and Members, Pima County Board of Supervisors Nicole Fyffe, Executive Assistant to the County Administrator -........''''':':''''''':':''''''':'''':'''''''''''''''''''''''f"':':"'"'""'""""":",'"t.•:Iiiio:,om?:?!:.::::!,! 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IIII/1:11:?!tilliiiiillittt!:'Itlrrr.M"iiiiiii.11tit.g;111:111111j1131':':'::'''''-' iii:111111,!111111.11tIlifirilf.liliiiii,iii0j.:!•:!!!:2:::.!..11:+!.1.;111111.111111111:ii2:::::':.. , „.:f:••,",.,,,,,....„.'.':.',...:4:,,,,,,.::,..:..... „ '..,1%,1,....•,•,..,.....:,,,,I. ....,....-<- , ' '......„,.",,,,...,•::,,k...:.....,:;:liiii::',ii.:'11'1:',1„ig.„ic:.„'fa'''''''.. :.::::::',1::::''...'4';':i•!;1").i.i;i,i41.111'11:i:4„.'''''' 11:11:111Biilr'''' Pima County Wastewater Management Department Connection Fee and User Fee Revenue Sewer Connection Fee Revenue Fiscal Year Budget Actual Variance 2003/04 23,789,260 29,404 130 5,614,870 2004/05 26,990,697 36,906,421 9,915,724 2005/06 33,215,903 42,219,962 9,004,059 2006/07 38,108,432 30,756,891 (7,351,541) 2007/08 33,353,700 31,036,931 (2,316,769) 2008/09* 32,765,116 20,975,464 (11,789,652) Total 188,223,108 191,299,799 3,076,691 * FY 2008/09 Actual is forecast. Sewer User Fee Revenue Fiscal Year Budget Actual Variance 2003/04 46,934,573 47,685,465 750,892 2004/05 50,075,680 50,393,306 317,626 2005/06 64,865,043 61,735,147 (3,129,896) 2006/07 63,657,885 69,294,198 5,636,313 2007/08 77,107,236 74,636,355 (2,470,881) 2008/09* 87,699,424 87,699,424 Total 390,339,841 391,443,895 1,104,054 '. -. I r. Wim; �•� "�RtzN� COUNTY ADMINISTRATOR'S OFFICE PIMA COUNTY GOVERNMENTAL CENTER 130 W.CONGRESS,TUCSON,AZ 85701-1317 (520)740-8661 FAX(520)740-8171 C.H. HUCKELBERRY County Administrator November 4, 2008 Stephen Owens, Director Arizona Department of Environmental Quality 1110 West Washington Street Phoenix, Arizona 85007 Re: October 21, 2008 Letter from the Pima Association of Governments Regional Council and the Letter Dated October 29, 2008 from the Mayor of Marana Regarding the Pima County Regional Optimization Master Plan Section 208 Amendment Dear Mr. Owens: As you probably know, there is ongoing litigation between Pima County and the Town of Marana regarding sewer service. The County Regional Optimization Master Plan (ROMP) Section 208 Amendment was conditioned upon a resolution of ongoing litigation provided the regulatory compliance deadline imposed by the Arizona Department of Environmental Quality (ADEQ) for both the Roger Road and Ina Road regional wastewater treatment facilities could be extended. This letter is to request that you extend these compliance deadlines by five years. This will certainly be sufficient time to allow the litigation between Pima County and Marana to be resolved through the legal processes available to each party, including appeals that may be filed by either Pima County or Marana to the Court of Appeals or Supreme Court. In addition, we would request the extension of time to ease the financial burden of compliance on the sewer ratepayers of Pima County. Our previous compliance plan as identified in the Regional Optimization Master Plan Section 208 Amendment meets your previous regulatory deadlines, however it does so assuming certain going forward economic conditions regarding sewer connection fee revenues. As you know, the nation and State of Arizona are in the worst economic doldrums in modern history. These adverse economic conditions are having devastating effects on local governments and their ability to provide services. This includes Pima County and our ability to deliver cost-effective wastewater services for our ratepayers. Stephen Owens October 21, 2008 Letter from the Pima Association of Governments Regional Council and the Letter Dated October 29, 2008 from the Mayor of Marana Regarding the Pima County Regional Optimization Master Plan Section 208 Amendment November 4, 2008 Page 2 If your regulatory deadlines are not extended we will be forced to transfer the burden of financial compliance almost entirely to the existing rate base in an accelerated manner; hence, our request for your reasonable consideration, given the extraordinary economic conditions being experienced in this State, to extend our regulatory compliance deadline by five years, which will allow us to uniformly and gradually pay for these extraordinary costs. I would appreciate your timely and written consideration of our proposal. Sincerely, C.H. Huckelberry County Administrator CHH/jj c: The Honorable Chairman and Members, Pima County Board of Supervisors Jan Lesher, Chief of Staff, Governor's Office, State of Arizona Gary Hayes, Executive Director, Pima Association of Governments John Bernal, Deputy County Administrator - Public Works Michael Gritzuk, Regional Wastewater Reclamation Director Jeff Nichols, Deputy Director, Regional Wastewater Reclamation Department 411Ir , \1 t - 1�j 7 f,- MEMORANDUMl gr o$�►'� Date: February 21, 2007 To: Chair, Vice Chair and Members From: C.H. Huckelberry Pima County Bond Advisory Committee County Adminis Re: Overall Criteria for Prioritizing the Funding of Programs or Projects by the Bond Advisory Committee First, let me say that there are no right or wrong answers regarding how the Bond Advisory Committee ultimately determines what projects or programs to fund in a possible 2008 bond election. I would start with a set of general criteria to prioritize specific bond projects or programs. The criteria that I would suggest would be: 1 . Broad Demonstrated Support by the Public - Clearly, public desires regarding what' specific projects and programs they would like funded must be a very important criterion NEP for Committee consideration. True, there are certain items that may not be popular with the public that require funding; however, we are using the public's taxes to retire the authorized bond debt, Hence, their opinion should be very important to the Committee. A sense of these opinions comes from the result of public forums that have been held to date, as well as e-mails and letters we have received. Public forums will also be held in the future, and other public opinion type actions could be undertaken by the Committee to gauge the support of the public for specific programs. For example, a questionnaire inserted in the daily newspapers asking that it be returned to the Committee could be a strategy employed by the Committee at some point in the future. 2. Projects or Programs of Regional Signjficance - The County's secondary property tax to retire our General Obligation Bond indebtedness is a Countywide tax. Everyone pays the tax. Therefore, we should emphasize projects or programs that have broad, regional significance and benefit the greatest number of individuals or participants. For example, I believe it would be more important to fund regional park improvements as opposed to a neighborhood park. it is more important to fund a program such as neighborhood reinvestment broadly to assist distressed communities rather than a specific project in a neighborhood that identifies itself as distressed. 3. Regional and Jurisdictional Balance- Every geographic location in Pima County has needs of one form or another, whether it be park or transportation improvements. From the perspective of equity, it is important that every jurisdiction and every geographic location within Pima County receive some benefit from a bond program or project. Pima County Bond Advisory Committee Overall Criteria for Prioritizing the Funding of Programs or Projects by the Bond Advisory Committee February 21, 2007 Page 2 4. Public and Private Partnerships, Particularly With Other Non-Profit Organizations - It is important to form strong alliances in meeting future community needs. Public and private alliances in the form of partnerships are one method of meeting future community needs, but lessening the burden for existing taxpayers. Very often, community non-profits provide services to a variety of community individuals in need, but lack the capital that could be provided by and through bonds to increase their ability to serve the community. These public, private and non-profit partnerships, when they have a common purpose, should be fostered and encouraged. 5. Other Funding Sources - Often, large or regional scale infrastructure needs can be supplemented with federal or state funds when such projects or programs can attract significant other governmental investment. Those projects or programs should receive priority over others that do not. 6. Regulatory Mandates - Very often, certain capital improvements are mandated by regulatory actions of either the state or federal governments. A good example is the huge capital investment now needed in the area of Wastewater Management to denitrify effluent being discharged to the Santa Cruz River. Such is a regulatory requirement of the Arizona Department of Environmental Quality, and will require the County to expend $100 million to $200 million to comply. In the past, the County has been under federal court order in the area of jail expansion. Hence, regulatory requirements may, in fact, cause very specific funding priorities for capital bond projects or programs. However, they should also be viewed cautiously to ensure that the regulatory threat is real and exists. Other than the need for capital investment in Wastewater infrastructure noted above, I do not believe we have any other regulatory mandates to fund capital improvements. These criteria, stated in priority order, would be my view of what the Bond Advisory Committee should consider when evaluating what projects or programs to include in a 2008 bond program that can fund only $700 million to $800 million in General Obligation Bonds and $250 million to $500 million in Sewer g e Revenue Bonds of an already listed $3.5 billion funding need. There are no correct answers or precise criteria that can be used to develop exactly what projects or programs to fund. General criteria should be used broadly with the understanding that there will always be exceptions to the criteria, which simply placed before the votersp y means the best bond program to be represents the composite views and values of the entire Bond Advisory Committee. CHH/jj c: The Honorable Chairman and Members, Pima County Board of Supervisors Nicole Fyffe, Executive Assistant to the County Administrator County Administrator Recommendations For Future Bond Election 11/14/08 Dept ID Table l'.';'Opeh Space AcquIiftons BondsOther Recommended PrgoLis Proposed Reco 1ided . .kindin OS 2 ,Habitat Protection Priorities&Associated Lands $213,750,000 $70,000,000 OS 3 Community Open Space and Archaeological Site Acquisition $71250,000 $20,000,000 OS 1 Davis Monthan Approach Corridor Open Space Acquisitions $10,000,000 $10,000,000 FC 2 Floodprone and Riparian Land Acquistion $10,000,000 $10,000,000 Total $305,000,000 $110,000,000 vid Note: "Bonds Proposed"are the recommended amounts from the Bond Subcommittees. For Parks and Rec, it is the sum of all three tiers of recommendations. 1 County Administrator Recommendations For Future Bond Election 11/14/08 ipe011111911111111:114itilea.,44.1,, �Cr.", iy ���• ur1Rg our,,.::.; :» ..n. � crNmv: yxA2Y \ i 4 � Jryrf ��riects o.osed ROCOMManded, Funding HP 101 Aja Historic District Churches Facade/Roof Repairs $300,000• $300,000 HP. 102 Anza National Historic Trail $2,000,000 $2,000,000 HP 105 Empirita Upper Ranch Buildings Rehabilitation $2,000,000 $1,000,000 HP 106 Historic Pima County School Houses $300,000 $300,000 HP 107 OS Repair and Rehabilitation of Historic Buildings $3,000,000 $1,000,000 HP 108 Site Interpretation/Preservation $2,400,000 $2,000,000 HP 109 Vail Area Historic Sites $500,000 $500,000 HP 111 Steam Pump Ranch Rehabilitation $2,000,000 $2,000,000 HP 115 Historic Ft. Lowell Park- Master Plan Implementation $4,000,000 $4,000,000 HP 124 City of Tucson Dunbar School and Performing Arts Center Rehab $11,400,000 $2,500,000 PR 80 Canoa Ranch Historic Rehab&Master Plan (Parks and CR project)_ $14,900,000 $5,000,000 $750,000 Total $42,800,000 $20,600,000 i likiegfenirq!EMININSIROOSPOrniinded—'• HP 103 Archaeological Site Acquisitions(moved to Open Space) $15,000,000 $0 HP 104 Canoa Ranch-Master Plan Rehabilitation (partially funded in PR80) $5,000,000 $0 HP 110 Honey Bee Village Archaeological Preserve $250,000 $0 HP 112 Marana Church Rehabilitation $350,000 $0 HP 122 University Indian Ruin and Historic House Preservation $1,000,000 $0 $100,000 HP 123 Palo Alto Ranch House&School Rehabilitation $500,000 $0 Total $21,600,000 $0 4 NW I 4 Note:"Bonds Proposed"are the recommended amounts from the Bond Subcommittees. For Parks and Rec, it is the sum of all three tiers of recommendations. 2 County Administrator Recommendations For Future Bond Election 11/14/08 Dept ID Table 3 r Public,-Ptly te : ; ,x :�� •..y. +</r�¢ A .........:. nd Mnifit sor 4i � �i1:�Aa,.:%,„<:„., i „a.tef:,� è , . � ^Y4 ,S� �S . 'S 9f ' Y ar: ' FRe . : r1 • s � WTSfladift*;'4.':::'''',., FM 7 Pima Air Museum $2,150,000 $2,150,000 FM 8 Arizona Sonora Desert Museum- Education Facilit Phase HI $2,000,000 $2,000,000 FM 11 Pima Coun Community Colle.e Healthcare Campus $45,000,000 $45,000,000 FM 77 Fairgrounds Infrastructure Improvements $3,000,000 $3,000,000 FM 96 Art of the American West-Tucson Art Museum $10,500,000 $5,000,000 FM 104 Catholic Comm Services -Sahuarita-Green Valle Clinic $700,000 $700,000 FM 105 Catholic Comm Services-Vail Area Clinic $700,000 $700,000 FM 106 Catholic Comm Services-Quincy Douglas Center $700,000 $700,000 FM 107 Tucson Children's Museum $6,000,000 $5,000,000 $16,000,000 PR 106 New Tucson Girl's and Boy's Chorus Building $1,250,000 $1,250,000 PR 235 Freedom Park Adult Learning Center $3,600,000 $3,600,000 PR 274 Indoor Sports Complex Curtis Park-formally Kino Regional Park $9,000,000 $9,000,000 $1,000,000 Total $84,600,000 $78,100,000 Note: "Bonds Proposed"are the recommended amounts from the Bond Subcommittees. For Parks and three tiers of recommendations. Rec,it is the sum of all 3 County Administrator Recommendations For Future Bond Election 11/14/08 o f Dept ID Table 4 leigh t h: .�� �: `<� s rr tWe Housing Bonds 4 ds Other „vjoPr�a Proposed .0. CD '.. , 2 Neighborhood Reinvestment Program $30,000,000 $10,000,000 CD 1 Affordable Housing Program $30,000,000 $5,000,000 Tota $60,000,000 $15,000,000 t f otRecom ende CD 5 Neighborhood Housing Stock Retention Fund(Marana Request) $750,000 $0 CD 8 ,Targeted Neighborhood Reinvestment $1,000,000 $0 CD 9 _Targeted Neighborhood Reinvestment(Marana Request) $750,000 $0 CD 3 Pima County Comprehensive Housing Center $1,350,000 $0 CD 4 Affordable Housing (Marana Request) $1,250,000 $0 CD 7 Affordable Housing Land Acquisition $5,000,000 $0 Total $10,100,000 $0 0 "Vito %111111PP Note: "Bonds Proposed"are the recommended amounts from the Bond Subcommittees. For Parks and Rec, it is the sum of all three tiers of recommendations. 4 County Administrator Recommendations For Future Bond Election 11/14/08 Dept ID Table 5 -Justice and Law Enforcement a.: x::::.: .. - otikmor -......:. .....:..,::\ ..:..:..... ... ....,,. .:::::: ......:.t i. �.. -:.;, �.N �`�v'-<:3'• �+�•:'^[�-�'.� ':int:}y::J�. :•.•....ro:.:nv.,,tl 3 n.,\o1•..:.tMn,..,�.•::.;:.:,p:..,,...,,.a: vr:. .... :, A� ^R;S. ra..i„ �5��::�� - '� ...... .mend"Pro ec FM 15.3 SuperiorCourt � ` � � : . 1 p 8th Floor Tenant Improvement(Alternative 3) $8,000,000 $8,000,000 FM 53 Northwest Regional Justice Center $20,700,000 $10,000,000 Joint Municipal and Justice Courts Facility $0 $80,000,000, Total $28,700,000 $98,000,000 Not- `' ammended FM 95 Pima County Remanded Juvenile Detention Facility _ $28,900,000 $0 FM 99 Drexel Heights Sheriffs Sub-Station $1,775,000 $0 Total $30,675,000 $0 11111111) , Note:"Bonds Proposed"are the recommended amounts from the Bond Subcommittees. For Parks and Rec, it is the sum of all three tiers of recommendations. 5 County Administrator Recommendations For Future Bond Election 11/14/08 Dept-:: g,.:.:...,.,..,,....,....„..,,..,...,:.::.,...:..,...., -.. ....: ..... .::..�- � am4 t9ther-rro �! Ml?�.' v {� t 0.' ; � ;;' , �:, :.. :: � e�" 4f �y -4.4: , , ,, J ", '•:Xr, -r. , iy� / . ReC�<. . . : .: . .+..... o . ./. �,.. ..-.,,.. . Sir FM 1 One Stop Career Center $4,500,000 $4,500,000 FM 9 _Green Valley Government Center Master Plan Implementation $8,000,000 $4,000,000 FM 18 Replacement of County's Financial Management Systems $15,000,000 $5,000,000 FM 34 LSB-Asbestos Abatement and Fire Sprinklers $8,197,000 $4,000,000 FM 45 Sahuarita Branch Library $6,675,000 $6,675,0001 FM 48.2 Joyner-Green Valley Library Renovation and HVAC $1,660,000 $1,660,000 FM 49 Columbus Library Expansion and Remodeling $2,100,000 $2,100,000 FM 51 Flowing Wells Library $2,910,000 $2,910,000 FM 54 Pima County Animal Care Center(PACO)Improvements $15,000,000 $15,000,000 FM 82 Multi-Jurisdictional Emergency Operations Center and 311 Center $12,000,000 $6,000,000 FM 92 Ajo Country Club and Golf Course $370,000 $370,000 FM 97 Theresa Lee and Tuberculosis Clinic Relocation $7,792,000 $4,000,000 $4,240,000 FM 98 Primary and Specialty Physician Care Site Expansion $45,000,000 $10,000,000 FM 102 Picture Rocks Community Center Expansion $1,600,000 $1,600,000 FM 103 Catalina Community Services Building $750,000 $750,000 FM 108 East Side Government/Comm. Ctr: Library, Pool, Park, Sheriff $21,800,000 $10,000,000 PR 75 Green Valley Performing Arts/Learning Center Ill $20,000,000 $5,000,000 Elections Equipment $0 $5,000,000 Elections Building $0 $5,000,000 Total $173,354,000 $93,565,000 , Not Recommended FM 6 Las Aries Dust Control and Fire Suppression System $500,000. $0 FM 35 West Valencia Branch Library $6,225,000 $0 FM 39 North Marana Library& Multi-Generational Community Center $29,400,000 $0 $7,500,000 FM 62 New Facility for Fleet Services Department $8,660,000 $0 FM 65 Titan Museum $1,200,000 $0 11111.- FM 72 New Pima County Nursing Home and add Adult Day Care $68,800,000 $0' $4,000,000 FM 73 Pima Motorsports Park $280,000 $0 FM 74 Southern Arizona Kart Club $600,000 $0 FM 79 Colossal Cave Mountain Park $535,000 $0 FM 84 Marana Health Center Expansion $4,000,000 $0 $18,000,000 FM 86 Kino Sports Complex North Side Maintenance Facility $550,000 $0 FM 87 Kino Teen Center Service Coordination and Expansion $775,000 $0 $325,000 FM 88 Amado Food Bank/Community Building Expansion $550,000 $0 $100,000 FM 101 Remodel and Expand Emergency Dept UPH at Kino $15,000,000 $0 Total $137,075,000' $0 :z Fi :j {: , 111110 Note: "Bonds Proposed"are the recommended amounts from the Bond Subcommittees. For Parks and Rec,it is the sum of all three tiers of recommendations. 6 County Administrator Recommendations For Future Bond Election 11/14/08 < x Dept ID '>'fi ��r Table 7 - Parks and Recreation A .f Recommended P>� ��� : 4���?. ,_ ;:N { . Other , .........,. r j.; Prop ed Reef_ .mended Funding PR 4 Udall Park Expansion $4,000,000 $4,000,000 $2,500,000 PR 5 Jacobs Park Recreation Center $4,000,000 $4,000,000 PR 6 Reid Park Zoo $3,750,000 $3,750,000 $8,750,000 FC 12 Big Wash Linear Park and CDO Wash Linear Park $7,000,000 $3,000,000 $3,100,000 PR 13 Southeast Regional Park (Esmond Station Regional Park) $2,350,000 $2,400,000 $6,000,000 PR 18 El Pueblo Center Improvements $2,000,000 $2,000,000 PR 19 Freedom Center Expansion $2,000,000 $2,000,000 PR 20 Reid Park Improvements $2,000,000 $2,000,000 PR 28 Lincoln Park Improvements $1,500,000_ $1,500,000 $3,500,000 PR 29 Purple Heart Park Expansion $1,500,000 $1,500,000' PR 77 Shooting Sports Program Site Improvements $3,000,000 $3,000,000 PR 83 Sports Fields&Security $5,473,000 $5,473,000 PR 86 Lawrence Community Center and Swimming Pool $6,500,000 $6,500,000 PR 88 Park ADA Compliance Upgrades _ $4,000,000 $2,000,000 PR 93 Yaqui Park Community Center $2,350,000 $2,350,000 PR 95 Flowing Wells and Kino Swimming Pool Renovations $1,500,000 $1,500,000 PR 96 Model Airplane Parks $1,500,000 $1,500,000 PR 103 Rillito Racetrack-Conversion $12,250,000 $14,000,000 PR 109 Curtis Park Skateboard Park and Improvements $1,600,000 $1,600,000 PR 110 George Mehl Family Foothills Park $4,000,000 $4,000,000 PR 115 Ted Walker Park Sporting Dog Training Site $2,500,000 $2,500,000 PR 116 Lawrence Park Improvements $3,000,000 $3,000,000 PR 137 BAJA Seniors Sports Complex $5,000,000 $2,000,000 PR 138 Benson Highway Park Development&Land Acquisition $5,326,000 $5,400,000 PR 140 Ajo Detention Basin Park _ $2,200,000 $2,200,000 PR 141 Robles Community Park $1,630,000 $1,630,000' PR 181 Sahuarita Pool and Recreation Complex/YMCA $12,652,000 $8,000,000 $1,348,C PR 185 Coronado Middle School Athletic Fields Upgrades $2,850,000 $2,850,000r PR 188 Flowing Wells High School $1,000,000 $1,000,000 PR 189 Flowing Wells Junior High $1,750,000 $1,750,000 PR 210 Bureau of Reclamation Sports Park $17,500,000 $5,000,000 $17,500,000 PR 217 James D. Kriegh Park Upgrades $1,000,000 $1,000,000 PR 226 JVYC/Ochoa Gym $1,000,000 $1,000,000 PR 237 Flowing Wells District Park Expansion $1,200,000 $1,200,000 PR 239 Corona Foothills School&Sycamore School Sports Fields Improvem $1,850,000 $1,850,000 PR 246 Old Vail Middle School Sports Fields Improvements rovements P P $1,600,000 $1,600,000 PR 264 Hohokam Community Sports Fields and Hohokam Park $3,900,000 $3,900,000 PR 266 PC Southeast Regional Park(Fairgrounds)- Horse Racing Facility $6,500,000 $6,500,000' PR 267 Sentinel Park-A Mountain Park Improvement Project $2,500,000 $2,500,000 $190,000 PR 273 Pima County Northwest BMX- Concrete Bowl Bike Park $1,300,000 $1,300,000 PR 277 Pima County Softball Tournament and Recreation Park $10,000,000 $10,000,000 River Park Acquisitions and Development Countywide _ $0 $4,000,000 Sports Fields Countywide _ $0' $4,000,000 Total_ $158,531,000 $142,253,000 Note: "Bonds Proposed"are the recommended amounts from the Bond Subcommittees. For Parks and Rec, it is the sum of all three tiers of recommendations. 7 County Administrator Recommendations For Future Bond Election 11/14/08 -._ : `ale 7 continued-Not RecommendeORMPMAL ......„ PR 7 Canoa Ranch Ecosystem Restoration/Groundwater Replenishment $1,000,000 $0 PR 11 Clements Senior Center Expansion $2,500,000 $0 $1,450,000 PR 34 Trails, Urban Pathways and Riverparks $4,000,000 $0 PR 37 Amphi Middle School Community Park Development $870,000 $0 PR 38 Partnership Projects $5,950,000 $0 PR 41 Cherry Avenue Center Expansion $1,000,000 0 PR 42 Quincie Douglas Center Expansion $1,000,000 PR 44 Oury Recreation Center Improvements $900,000 0 PR 46 Kennedy Park Improvements and Expansion $800,000 0 PR 47 Reid Park Soccer Field Replacement $750,000 $0PR ' 51 McCormick Park Improvements $500,000 0 PR 52 La Madera Park Improvements $500,000 ! PR 71 Urban Fringe Parks and Land Acquisition $8,000,000 0 PR 79 Southgate South 6th Avenue Park Development& Land Acquisition $12,300,000 0 PR 84 Environmental Compliance $5,000,000 0 PR 87 Park Facilities Renewal and Improvements $4,000,000 $0 PR 97 Avra Valley Watchable Wildlife Site $750,000 $0 PR 99 County Ranch Improvements $620,000 0 PR 119 CDO River Park Corridor Acquisitions $2,600,000 ! PR 122 Rillito River Park Corridor Acquisitions $900,000 0 PR 124 Tanque Verde River Park Corridor Ac.uisitions $1,000,000 0 PR 128 Pantano River Park Corridor Acquisitions $4,300,000 1 PR 130 Santa Cruz River Park Corridor Acquisitions $1,200,000 0 PR 142 Rillito River Park Safety and Maintenance Enhancements $15,000,000 0 PR 144 Rillito River Park- 1-10 to La Cholla $3,000,000 0 PR 147 Rillito River Park- La Cholla to Oracle Road $2,000,000 0 PR 151 Robles Pass Trails Park Staging Area $750,000 PR 152 Arizona Trail—Sahuarita Road Trailhead $700,000 $0 PR 153 Chalk Mine Trailhead and Public Access Area for Tortolita Mountain F $750,000 $0 PR 154 Arizona Trail—Pistol Hill Road Trailhead $475,000 0 PR 157 Sweetwater Preserve Trailhead $400,000 $0 ` PR 165 Tucson Mountain Park—King Canyon Trailhead $300,000 0 PR 196 Hohokam Middle School $1,750,000 0 PR 201 Oury Pool Renovations $620,000 0 PR 219 Hardy road/Overton Road Property Acquistion $6,000,000 0 PR 220 Adaptive Recreation Center Expansion $12,000,000 0 PR 225 El Casino Park $850,000 SO PR 228 Lawrence Hiaki Pathway $500,000 0 PR 231 Arizona Velodrome Center $5,000,000 0 PR 234 Arivaca Junction Land Acquisition for Future Civic Needs $175,000 $0 PR 255 Land and Open Space Acquisition $6,000,000 $0 PR 256 Park Facility Revitalization &Safety Enhancements $6,975,000 $0 PR 259 Tortolita Middle School $2,850,000 $0 PR 262 Altar Valley Watershed Restoration Project $3,500,000 $0 $500,000 PR 268 Sonoran Desert Park $17,000,000 $0 PR 270 Ormsby Park Expansion and Trail Connectivity $3,500,000 $0 PR 276 Pima County Ice Skating Arena $4,800,000 $0 $1,200,000 Total $155,335,000 $0 I L Note: "Bonds Proposed"are the recommended amounts from the Bond Subcommittees. For Parks and Rec, it is the sum of all three tiers of recommendations. 8 County Administrator Recommendations For Future Bond Election 11/14/08 i . '......... ....,.. Wl ZOe.fi.' [:t.::'.J.:' {T� �•::'$�-,a i N�i• . „F;�fV,---DeptD .: a,f : .: Table Qr Flood .Olitrol ;. •:....vnA .: . . :J y �.,.. :.t,:. ZiA ":N ®$� �{ jpT ; k ' 5r�J T�':.p0:a. T .>.vv,_ . v n.f\. , .vRec .ion. ,.. 0 . C . . .:....0.0.4,,,,,,....:,,.. :+: . ..:.. .. FC 17 Pascua Yaqui Stormwater Improvements $6,000,000 $3,000,000 FC 50 Columbus Wash $10,700,000 $6,000,000 FC 56 Neighborhood/Access Drainage Improvements $10,000,000 $5,000,000 FC 57 Pantano Wash: Speedway to Tanque Verde Rd., Rillito to Tanque Ve $12,950,000, $10,000,000 $1,050,000 . c Total $39,650,000 $24,000,000 _ ' , .rY 4::':` ..: :aytJ{. o emme ei . FC 10 Twin Peaks Drainage(Marana Request) $1,000,000 $0 $7,000,000 FC 14 South Tucson: S 7th Ave(28th to 29th St) $2,500,000 $p FC 42 Green Valley Drainageways#3, 6, 9, 13, and 17 $3,000,000 $0 FC 43 Black Wash Detention Basin $6,000,000 $0 FC 52 Canada del Oro Wash Floodplain and Open Space Acquisition $5,000,000 $0 FC 53 ,Chalk Wash in Oro Valley $1,000,000 $0 FC 58 Santa Cruz River: Rillito and CDO Confluence $15,000,000 $0 Total $33,500,000 $0 Note: "Bonds Proposed"are the recommended amounts from the Bond Subcommittees. For Parks and Rec, it is the three tiers of recommendations. sum of all 9 County Administrator Recommendations For Future Bond Election 11/14/08 . . . Dept — • Bonds •• • Bonds Other ROcOMMOKI4A.t7.r;:00:..2,,11111,1111111t.4111111aiditi•ARr9p95,0i. F nd in SW 1 Tangerine Landfill Closure $6,000,000 $5,000,000 SW 5 Ajo Landfill Development $500,000 $500,000, Total $6,500,000 $5,500,000 IllgeliellibrigrgaNit**004.intendild SW 2 Ina Road Landfill Development $6,000,000 $0 SW 3 Sahuarita Landfill Development $4,800,000 $0, Tot at $10,800,000 $0 Nino leo Note: "Bonds Proposed"are the recommended amounts from the Bond Subcommittees, For Parks and Rec, it is the sum of all three tiers of recommendations. 10 County Administrator Recommendations For Future Bond Election 11/14/08 . ...... ....... .. 011031111440 + :zo commen•e• TR 1 Transportation Safety Program $50,000,000 $0 Note: "Bonds Proposed"are the recommended amounts from the Bond Subcommittees. For Parks and Rec, it is the sum of al! three tiers of recommendations. 11 County Administrator Recommendations For Future Bond Election 11/14/08 Dept ID Table 11 Water Reclamation Bonds Bonds Other Recommended f.. o e4 Pro.osed ,i,olltRecortOendOCti,, Pint°din• WW 1 Ina Road Water Reclamation Facility/Effluent Nutrient Reduction $445,000,000 $445,000,000 $273,000,000, WW 4 Park & 18th Street Interceptor $35,000,000 $35,000,000 WW 8 System-wide Conveyance and Facilities: Capacity& Expansion $35,000,000 $35,000,000 WW 9 Outlying Area Treatment Facilities: Capacity& Rehabilitation $50,000,000 $50,000,000 Tota I $565,000,000 $565,000,000 Dept ID 1 , Table�12 Wa er Conservation Bonds ds Other { f j �tecom�ended pro�e���:. Pr _. :: o ed - � � . end:ectFunc��� FC 44 Reclaimed Water to Protect Cienega Creek $4,000,000 $4,000,000'' FC 46 Reclaimed Water for Canoa Ranch $3,000,000 $1,000,000 PR 176 _Reclaimed Waterline Extensions $9,000,000 $5,000,000 Total $16,000,000 $10,000,000, Nair N Note: "Bonds Proposed"are the recommended amounts from the Bond Subcommittees. For Parks and Rec, it is the sum of all three tiers of recommendations. 12 TOWN OF ORO VALLEY Page 1 of 6 COUNCIL COMMUNICATION MEETING DATE: 01/21/09 Store TO: HONORABLE MAYOR AND COUNCIL FROM: JERENE WATSON, ASSISTANT TOWN MANAGER SUBJECT: RESOLUTION NO. (R)09- 07 MAYOR AND COUNCIL TO RECEIVE AND DISCUSS A RESOLUTION OF THE TOWN OF ORO VALLEY, ARIZONA, APROVING THE TOWN'S ANNUAL LEGISLATIVE AGENDA AND PROTOCOLS GUIDING THE TOWN'S PRIORITIES FOR THE UPCOMING LEGISLATIVE SESSION AND ANY LOBBYING ACTIVITIES SUMMARY: This report requests Mayor and Council approval of the general concepts of the Town of Oro Valley general legislative agenda covering state and federal issues. This agenda identifies the recommended legislative priorities for the Town in the upcoming State Legislative Session and will guide the Town's requests and lobbying activities. The State Legislative agenda has been developed through involvement in the League of Arizona Cities and Towns' and support of the League's 2009 resolutions (Attachment A), with the Mayor representing Oro Valley as the voting official, consultation with Town staff, consultation with other cities and towns sharing mutual interests, and discussions with interest groups we share common interests with who are active at the State Legislature. Although our legislative agenda should remain flexible due to the nature of bills introduced as the Legislature noves through its Session, the general concepts and direction are provided here for your discussion and approval. More specific information can be provided, as desired and necessary, after bills are actually introduced. The issues discussed in this report are drawn from what is known about anticipated legislation. Additionally, we have sought federal assistance through submission of our 18 economic stimulus projects for funding consideration,and have prepared to submit a request for federal FY 10/11 appropriation for our Steam Pump Ranch historic preservation and restoration project when the submission window is opened later this winter. Other potential federal projects were discussed at the December 3, 2008, Council meeting (Attachment B). DISCUSSION: A principle of effective intergovernmental communication commonly used by cities and towns is to use the services of a lobbyist, either contracted or internal staffing, along with elected official points of contact. In Oro Valley, no contract lobbyist or dedicated intergovernmental liaison hired. Historically, the Mayor has been used in this capacity, along with a designated Council legislative liaison, currently Councilmember Salette Latas. Most recently a staff legislative liaison, currently Assistant Town Manager Jerene Watson, has been assisting with this activity. Our legislative agenda needs to be coordinated and focused for most effective outcomes, which is the purpose of this discussion this evening. The 49th STATE LEGISLATURE Republicans fared well in the last election, increasing their margins in both chambers: 35 —25 in the House, and 18— 12 in the Senate. Leadership teams include Bob Burns (Peoria) as Senate President, Chuck Gray(Mesa) as Majority TOWN OF ORO VALLEY Page 2 of 6 COUNCIL COMMUNICATION MEETING DATE: 01/21/09 Leader, and Pamela Gorman(Phoenix/Anthem) as Majority Whip. Senate Democrats elected Jorge Garcia (Tucson), Minority Leader, Rebecca Rios(Apache Junction)as Assistant Minority Leader, and Linda Lopez(Tucson)as Minority Whip. House Republicans chose Kirk Adams (Mesa) as the new Speaker of the House, John McComish (Phoenix/Ahwatukee)as Majority Leader, and Andy Tobin(Prescott) as Majority Whip. House Democrats selected a Phoenix-majority leadership team: David Lujan (Minority Leader), Kyrsten Sinema(Assistant Minority Leader), and Chad Campbell(Minority Whip). Any legislative activity at the State Legislature involving cities and towns includes the longstanding AZ League core guiding principles and key priorities adopted by cities and towns across the state that includes (1)maintaining and protecting local authority, (2) enhancing fiscal sustainability and(3)opposing unfunded mandates. The issues which have been identified as of interest or concern most directly to the Town follow. ISSUES: STATE BUDGET IMPACTS Over the past several sessions, legislation has passed to earmark money out of state-shared revenues, particularly in trying to balance the State's budget deficit. The mandatory"contribution"to the state's budget deficit from cities &towns amount to an unbudgeted $143,000 out of our budget this year and the League of Arizona Cities & Towns is now in litigation over whether this a constitutional action. In 1972 the voters statewide said that the State should collect 15% of revenues for cities and towns in exchange for municipalities not imposing a local income tax. The intent of that legislation was to streamline government through provision of a common revenue collection at the state level which is distributed to cities and towns in order to support basic services and programs municipalities are charged to provide. Municipalities have taken extreme measures in this current budget year to trim costs, including hiring freezes,deferred Nuid spending and reducing programs to balance local budgets. A few of the largest cities are moving to severe actions that include personnel layoffs. Oro Valley currently has a hiring freeze in effect. We are also monitoring our expenditure and revenue flows to keep the Council updated monthly on our budget and stay on top of the situation. To quote our Town Manager in our January town-wide newsletter: "The Town has conducted its financial activities with fiscal responsibility, and several years ago began to plan for tougher economic times. . . . We built up our reserves and kept spending in check." Tightening the state's belt within its own revenues and not cut into the revenues that the voters have said belong directly to cities and towns for basic services is a standard we hope the state will . Oro Valley is strongly opposed to any mandatory direction from the State on how our revenues are to be used, even if it is a high priority service such as public safety. Transferring the cost of Department of Public Safety crime lab fees and moving state shared revenues from transportation funding to support the DPS budget are examples of this. We don't believe that one size"fits all." Just as state legislators weigh expenses and revenues to decide on the degree you provide services and programs, localities need the latitude to determine where service delivery is most demanded by the residents and best used,based on our community's needs and desires. Again,the voters spoke in 1972 and determined that a portion of revenues should be shared with local governments, not put strings where none were intended. Keeping local control and not pre-empting our authority best serves our joint constituencies, the citizens of Arizona who live within our Town boundaries. Recommendation: Legislators support state shared revenues being used as they were originally established, leaving the jurisdiction whole and with the discretion to use their General Funds as we determine is necessary. TOWN OF ORO VALLEY Page 3 of 6 �'OUNCIL COMMUNICATION MEETING DATE: 01/21/09 STATE LAND ANNEXATION-ARROYO GRANDE In 2006, the Arizona State Land Department(ASLD)began their process to assess or inventory what existed in their state- owned property just north of the Town limits in an effort to eventually prepare it for auction to the highest bidder for the state education programs, as prescribed by the State Constitution. The Town's interest in annexation is to preserve two- thirds of the area as open space in perpetuity along with putting controls and definition to the types of development that will be allowed in order to keep growth within the community standards of our Town. The State concluded their inventory in early summer 2007 and began developing a conceptual plan,working with the Town and Pima County toward the goal of eventual annexation by the Town. At the same time,the Town began holding meetings with leaders from Sun City and stakeholder communities in Catalina and Saddlebrook outside the Town limits to keep lines of communications open and let them know their voice was an important consideration as this plan moved forward. After the State Land Commissioner approved the ASLD conceptual plan, which included a historic first—two-thirds of the land is to be held in open space. The plan was then forwarded to the Town in January 2008 and we began our own public process, going beyond what was prescribed in law to ensure the public was involved and informed. The Town initiated a General Plan(GP) in the spring for an area that constitutes just over 9100 acres, or approximately 14 square miles, of unincorporated Pima County land held in State Trust,with no current development. The Town Council adopted the General Plan on December 17, 2008. Recommendation: Legislators support our efforts and also communicate with the next Governor about the importance of Lupporting this broad,public-outreach driven plan in an effort to preserve nearly 6,000 acres of open space and wildlife corridors and control development in our area of natural beauty for the future of Arizona residents. TRANSPORTATION& INFRASTRUCTURE ISSUE#1: We are working on regional transportation to bring not only express bus service to the Town but also bus circulators which will connect into the greater SunTrans bus service throughout the Tucson metropolitan region. Currently in state law, any road that has a speed limit higher than 45 mph does not allow bus pullouts to be used or constructed. Oracle Road, and other major thoroughfares and arterials typically have speed limits above 45 mph and yet there is bus service existing on these roads. We are working with the Arizona Department of Transportation(ADOT)to see if there is a way the state law can be changed in order to accommodate bus pullouts on roads that serve critical multi- transportation modes. In the meantime, until the law is changed, bus stops along Oracle Road north of Ina where the speed limit is greater than 45 mph are being removed. One of the ideas is that longer bus pullout lanes, similar to right turns deceleration lanes, could be incorporated to standards that would ensure public safety and the joint use of these roads by both cars and buses. ISSUE #2: Two sessions ago, Oro Valley, Tucson and other southern Arizona jurisdictions did lose some of our local funding availability when money was diverted from ADOT's STAN(Statewide Acceleration Needs) account funding for broader transportation needs, specifically freeways. Our region lost considerably for local projects. Specifically, it should not be at the expense of local and regional projects that are funded from the State Highway Fund (SHF) 12.6% and 2.6% monies—these are categories within SHF. TOWN OF ORO VALLEY Page 4 of 6 COUNCIL COMMUNICATION MEETING DATE: O1/21/0j In a recent"Overview of Transportation Funding Gap and Likely Solutions,"a document from the Pima County Association of Governments (PAG),there was much discussion about the need for additional ways to raise or acquire funds for transportation. The conclusion of this report is unpromising for our region due in part to what some call "legislative inaction." Many jurisdictions across the state have proposed indexing the gas tax so that it keeps up with inflation. In the long run, if we don't take action to keep up with inflation, we will not be able to fund the construction of new highways or the maintenance of existing highways. The second report from PAG, "Local Revenue Forecasting Methods and Recommendations for Improvement", suggests local gas tax or sales tax on gas as options to fill the funding shortfall. The Town has been part of the regional cities' discussion that would encourage enabling legislation to move forward on some effort towards this end. ISSUE#3: Transportation issues are critical within this state. Southern Arizona has been behind in the development of freeways and major transportation corridors. ADOT has studied and is recommending an alternate,western bypass route be planned for southern Arizona, even though construction would be many years out. It is essential that legislators support today's planning for our current and future transportation needs,whether it is the identified route or another alternate. Recommendation: Legislators support or sponsor legislation that would change state law and allow bus pullouts on roads where speeds are higher with mechanisms to ensure safety. Legislators support legislative actions that would increase transportation planning funding but be watchful that any legislation to ensure it offers equity for all communities and does not raid existing state funds for local streets and roadways in an effort to solve the statewide needs. Funds for local and regional roads have significant impact on the day-to-day travel of our citizens and visitors. We encourage you to explore all legislative options or ideas that are put before you that would address the critical shortfall of funds appropriated towards our roads and highways. STATE PARKS HERITAGE FUNDS Legislators will have many difficult decisions as they tackle the budget challenges of the state. Two local projects are candidates for funding from this program. Our Steam Pump Ranch Historic Preservation project and our Naranja Town Site recreational &cultural complex are large-scale projects with wide community benefit beyond just the Town limits. We have grant applications in for the Steam Pump Ranch project,and potentially could be seeking a grant for our Naranja Town Site. Recommendation: Legislators support some funding for Heritage Funds when determining how much is reduced in programs funded by the state. Some support, even if only a little,may go a long way in assisting communities with priority programs and projects, especially for smaller cities and towns. ORO VALLEY FEDERAL ECONOMIC STIMULUS PROJECTS On December 18, eighteen Economic Stimulus Projects were submitted to Congresswoman Gifford's office at her request to be reviewed for inclusion into the requests for consideration by President-elect Obama's Economic Stimulus team. It is likely that the decision will be made to funnel funding for projects through state agencies down to municipalities through block grants. We haven't been told what type of block grants and how that would work just yet,but those familiar with this type of a process expect funds may be prioritized by state agencies considering their own state-identified projects and used towards those priorities before local jurisdictions get any potential funding. Whether it is a population-based formula, need-based or some other process, details are unknown at this writing. Congresswoman Giffords' office is working to keep us informed as soon as they know specifics. TOWN OF ORO VALLEY Page 5 of 6 COUNCIL COMMUNICATION MEETING DATE: 01/21/09 Guidelines we were given to use and parameters we followed to quickly get the information pulled together in less than two days were as follows: 1. Projects had to be generally "ready to begin,"at least a first phase,within a short timeframe sometimes called `project ready.' All projects that we submitted are in work plans and developed close to being able to start if funding becomes available. Examples of our qualified projects are those which may be active projects underway, such as the Municipal Complex; those that have master planning completed; design work underway or completed; road projects that are in the regional plan and can be bid out for design within an eight-week or less window; pavement management of local town street paving where contracts that can be let within eight weeks. "Green" building projects were important to identify. 2. All projects were listed by the amount of the project cost to the Town, with the exception of the CAP project. (CAP reservoir, part of the project, is an active project identified already in the President's Bureau of Reclamation 09/10 budget appropriation bill and the entire cost was included). Projects such as the Municipal Operations Complex are already underway. Naranja Town Site was master planned and phases identified for building, ready for design of Phase I. Although the ballot item before the voters this fall was only for Phase I,the entire site has a plan, with phases and a cost identified with the entire build out of the land, and we put the entire project amount as we did for all other projects. 3. Names of projects were given descriptive names where it was not clear what the name encompassed so that individuals, completely unfamiliar with our Town and locally-known names of projects, would understand what the construction would involve(e.g.,Municipal Complex Construction &Town Hall Addition, Naranja Recreational & LultuaComplex Construction, Steam Pump Ranch Historic Site Restoration). All other infrastructure listed was very r straight forward and understood simply in the title listed. The new Administration's objective is to get jobs going and the economy stimulated to provide a healthy basis for our economy again. If we bring back our federal taxpayer dollars sent back to Washington DC for even one project, we will be fortunate. We should remain realistic, but, if we receive funding for any one of these projects,then it frees up our local budget dollars to meet the needs and services budgeted before the downturn and state recession which has reduced our revenues. Following are our 18 projects submitted in priority rank order based upon the criteria discussed in the section above: GENERAL GOVERNMENT: 1. Rancho Vistoso Municipal Complex Construction& Town Hall Addition ($26.25 m.)LEED Silver Standard 2. Steam Pump Ranch Historic Site Restoration ($8.156 m.) 3. Naranja Recreational&Cultural Complex Construction($150 m.) LEED Silver Standard 4. Town Hall Telecommunications Equipment Replacement&Upgrade($800,000) TRANSPORTATION: 5. Lambert Lane Widening: La Cholla to First Avenue($25 m.) 6. Street Surface Treatment Projects—town-wide($3 m.) 7. Naranja Drive Widening: Shannon to La Cholla Blvd($4 m.) 8. Magee Road Widening: Oracle Rd. east to First Avenue($1.25 m.) 9. Tangerine Road Widening: Shannon to La Canada Drive($20 m.) 10.La Cholla Blvd. Widening: Lambert Lane to Tangerine Road($20 m.) TOWN OF ORO VALLEY Page 6 of 6 COUNCIL COMMUNICATION MEETING DATE: 01/21/0' WATER: 11. NW Water Providers CAP Water Treatment&Delivery System($300 m.) 12. Replacement Well E-1 ($1.85 m.) 13. New Well at Steam Pump Ranch($1.95 m.) 14. North La Canada Reservoir($3.6 m.) 15. Innovation Drive Water Main Replacement($760,000) 16. Sheraton C-D Booster Pump Replacement&Upgrade($1.06 m.) 17. Tangerine Hills Water Main Replacement ($2.4 m.) 18. Campo Bello Water Main Replacement($784,000) Recommendation: Legislators support our efforts to fund these projects through bringing our federal tax dollars back to Oro Valley by communicating support with members of our congressional delegation and state agencies should any of these projects be included as projects suited for the federal economic stimulus funding package. FISCAL IMPACT: Various pieces of legislation have the potential for financial impact on the city revenues but cannot be determined specifically until a bill is introduced so it can be reviewed. However, each of the bills is reviewed by Arizona League of Cities staff and attorney for impact on cities and towns. Due to the large number of bills, which may exceed 1,200, legislation of interest to Oro Valley may be individually reviewed for its impact on our own Town operations as a routine procedure during legislative session. Any impact is determined to some degree ahead of our testimony or support. Council will be updated during the session on major bills of financial impact to the Town and other information as appropriate. ATTACHMENTS: 'god A. League Resolutions for 2009 B. December 3, 2008 Council Communication on Potential Federal Legislative Projects SUGGESTED MOTIONS: I move to (adopt) Resolution R 09 0 Ito approve the general legislative agenda for the Town during 2009. rene Watson, Assistant Town Manager David Andrews, Town Manager RESOLUTION NO. (R) 09- 07 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, APPROVING THE TOWN'S ANNUAL LEGISLATIVE AGENDA AND PROTOCOLS GUIDING THE TOWN'S PRIORITIES FOR THE UPCOMING LEGISLATIVE SESSION AND ANY LOBBYING ACTIVITIES 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, a major objective of the Town Council is to adopt an aggressive legislative program which strengthens local government, promotes Town goals and defends the Town against legislative actions by State and Federal governments that would weaken local government and/or take away traditional revenue sources; and WHEREAS, it is vital to the fiscal health and the self determination of the Town to effectively communicate with State Legislators and Federal representatives in order to favorably influence State and Federal legislation, regulations and grant requests; and WHEREAS, the Arizona League of Cities and Towns conducts a legislative analysis and 11111, advocacy proram on behalf of cities and towns for State issues, which is governed annually g by the League resolutions process adopted by cities around the state at the annual conference each fall; and WHEREAS, Pima County has a direct impact upon the quality of life in Oro Valley, and it is imperative that the Town maintain quality communications; and WHEREAS, the Town desires to be proactive and involved in the governmental decision making processes directly affecting the Town legislative priorities identified in the Council Communication dated January 21, 2009 and the Arizona League of Cities and Towns legislative priorities identified in Exhibit "A" thereto, and other selected issues as may from time to time be recommended by the Arizona League of Cities and Towns; and WHEREAS, a key component of the City's Legislative Action Program is face to face meetings between Town representatives and elected officials at the Federal, State and County levels, and coordination with similar efforts made by other regional and local entities such as the Pima Association of Governments (PAG), Tucson Regional Economic Opportunities, Inc. (TREO) and Southern Arizona Leadership Conference (SALC). NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Oro Valley, Arizona, that the Town Council of Oro Valley does hereby establish the Legislative Action Priorities for 2009, as State Budget Impacts, State Land Annexation—Arroyo Grande, Transportation and Infrastructure, State Parks Heritage Funds and Oro Valley Federal Economic Stimulus Projects, and authorizes staff to take positions on legislation generally F\Manager\Misc\L.egislative Session and Lobbying Activities\2009 Legislative Resolution.doc Town of Oro Valley Attorney's Office/a/010909 consistent with the Legislative Action Priorities and such other resolutions and recommendations that from time to time may be presented to the Town. -,440110 BE IT FURTHER RESOLVED that Town staff is directed to schedule meetings, as appropriate and convenient, with our congressional, state, county and other local officials to discuss and promote the Town's legislative program, and to continue efforts to improve communications and relationships with the Pima County Board of Supervisors and cities around the state to further our interests in land use, water, transportation, economic development, and public services to our residents. PASSED AND ADOPTED by the Mayor and Council of the Town of Oro Valley, Arizona, this 21st day of January , 2009 . TOWN OF ORO VALLEY, ARIZONA Paul H. Loomis, Mayor ATTEST: APPROVED AS TO FORM: 'mod Kathryn E. Cuvelier, Town Clerk Tobin Rosen, Town Attorney Date: Date: F:1Manager\Misc\Legislative Session and Lobbying Activities\2009 Legislative Resolution.doc Town of Oro Valley Attorney's Office/v/010909 1111 2009 RESOLUTIONS OF THE 4illr LEAGUE OF ARIZONA CITIES AND TOWNS RESOLUTIONS FORMALLY ADOPTED FOR THE LEAGUE OF ARIZONA CITIES AND TOWNS 2009 POLICY STATEMENT * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * tor ATTACHMENT A Cities and Towns support affordable housing efforts and recognize that the maintenance and continued funding of the Housing Trust Fund ("HTF")administered by the Arizona Department of Housing is critical to addressing workforce and affordable housing challenges. This flexible funding source is particularly vital to smaller communities' efforts to support the most vulnerable populations in achieving safe and decent housing. Submitted by: City of Flagstaff, City of Prescott,City of Sedona * * * * * * * * * * * * * * * A. Purpose and Effect of Resolution Support public efforts to provide suitable housing and the continued maintenance and funding of the Housing Trust Fund ("HTF")administered by the Arizona Department of Housing. The HTF is a critical tool for communities in providing safe and decent housing for vulnerable and low-income populations, especially the smaller and rural communities. The funds have provided shelter for the homeless,emergency response to fire closures,health and safety repairs for the elderly and disabled,homeownership opportunities and many other important functions. For communities not eligible for Federal and alternative sources,which are available to major metropolitan communities,this resource is vital to serving those who are unable to help themselves. Additionally,the level of flexibility in the HTF allows it to serve populations outside what most Federal funding sources are restricted to. The HTF must be funded at a level able to sustain the valuable role it plays in Arizona's housing. B. Relevance to Municipal Policy The support of the HTF will preserve cities'/towns' ability to provide safe and decent housing for vulnerable populations. It can provide projects or act as leverage for local,Federal and private dollars which combine to produce expanded tangible benefit. The reduction of HTF funds restricts cities'/towns' ability to provide safe and decent housing and 141) shelter. C. Fiscal Impact to Cities and Towns The fiscal impact on cities/towns, if the HTF is restored and funded on an ongoing basis, is the sustained ability to apply for and utilize HTF dollars to serve vulnerable populations,react to urgent situations, and leverage outside funds to complete important projects. The$10.2 million dollar existing reduction is funding not available to cities/towns and it is difficult to quantify the resources that are not able to be accessed due to a lack of HTF for leverage. Future reductions will serve only to further weaken communities. D. Fiscal Impact to the State The HTF is already a program of the State and has been a valuable and effective one. The preservation of its funding would potentially require reductions from other sources to address the current and anticipated State budget situation. E. Contact Information Name: Jim Wine Title: Deputy City Manager Phone: 928-779-7685, ext. 7299 Email:jwine@ci.flagstaff..az.us Affordable Housing/Housing Trust Fund Recommend that the State of Arizona continue to support retention of existing economic development tools and programs and increase access to new tools for cities to help them remain ' ' development remains a strongdriver to the competitive nationally and internationally. Economic de elopme State's economy by providing high wage jobs and thereby increasing revenues to municipalities and the State. Submitted by: City of Flagstaff, City of Wilcox, Town of Buckeye, Town of Queen Creek,City of Yuma * * * * * * * * * * * * * * * A. Purpose and Effect of Resolution Although a resolution addressing economic development was submitted last year and was accepted by the committee it is important that economic development continue to be a goal for the League given that 91%of the state's income tax revenues come from municipalities. Cities and towns are the economic engines that positively impact the state's well being. In order to attract new,high-wage jobs to Arizona to sustain our economic health it is crucial that we have adequate funded tools to be competitive. Cities and towns need additional support from the State for new job attraction because they frequently must compete with not only a city in another state but also with a state government. In addition,we are now often competing internationally for companies. Arizona's competitive edge against these areas has been diminished. The purpose of this resolution is to maintain existing program like the GPLET and job training funding while identifying and implementing new programs that assist municipalities in their efforts to attract new business,keep current business, and retain business expansion in the state. B. Relevance to Municipal Policy The disparity between the cost of living and availability of good paying jobs is significant,especially in Flagstaff and other rural communities. High wage jobs are critical for the economic health of Arizona's cities and towns. Unfortunately Arizona lacks the economic tools and funding to assist municipalities in attracting high-wage employers. Individual municipalities require significantly more financial incentives than can be provided solely through local funding in order to be successful. C. Fiscal Impact to Cities and Towns Attracting high wage paying businesses improves the local economy and creates tax dollars for the entire state. Increased state assistance can make the difference in the effort to attract new business to Arizona or to assist a local business that is considering expanding in another state rather than expanding in Arizona. D. Fiscal Impact to the State Creating and funding economic development programs to support local government's efforts to bring business to Arizona,both the state and municipalities would experience increased employment and tax revenues. Existing programs need to be maintained and reinforced to remain competitive. E. Contact Information Name: Jim Wine Title: Deputy City Manager Phone: 928-779-7685, ext. 7299 Email:jwine@ci.flagstaffaz.us ci.flagstal-f.az.us 411W Promote Economic Development Tools Urges the Legislature to modify state liquor laws to enhance the ability of municipalities to address community- related problems associated with liquor establishments,such as requiring the Department of Liquor Licenses and Control and the State Liquor Board give greater consideration to city recommendations on proposed liquor 'god licenses. Submitted by: City of Prescott, Town of Prescott Valley, City of Scottsdale, City of Cottonwood, City of Phoenix, City of Bullhead City,City of Kingman * * * * * * * * * * * * * * * A. Purpose and Effect of Resolution This resolution proposes to modify state liquor laws to improve the ability of municipalities to address public safety and quality of life concerns associated with problem liquor establishments,primarily through the State Liquor Department and Board. Some examples are as follows: 1) Allow cities to request a hearing of the State Liquor Board at the time of renewal for existing licenses when sufficient reason exists to request the Board to not renew the license; and/or 2) Create a 12-month provisional permit for licenses when a municipality recommends denial of a license but the Board grants approval; and/or 3) Modify the definition of licensed premises to include parking lots of bars and liquor stores; and/or 4) Hold license applicants accountable to commitments made during the application process. 5) Modify the membership of the State Liquor Board to include a municipal law enforcement representative. 6) Give careful consideration to a municipality's concerns regarding the owner/manager,particularly when factual research demonstrates poor past performance. B. Relevance to Municipal Policy Poorly managed liquor establishments pose considerable problems for law enforcement and surrounding neighborhoods, veiti) such as crime,noise violations and parking issues. Reforms to liquor laws increasing the consideration of impacts to neighborhoods would greatly enhance the ability of municipalities to protect public safety and quality of life in these neighborhoods. Legislation addressing problem liquor establishments and changes to Arizona liquor laws have been an ongoing challenge for cities and towns. Cities and towns should have the ability to plan their communities as they believe best,including the location and operation of liquor establishments. The proposed provisions allow cities to have a greater role in the liquor licensing process for liquor establishments to ensure that are addressed. C. Importance of Resolution to Your City or Town Legislation addressing problem liquor establishments and changes to Arizona liquor laws have been an ongoing challenge for cities and towns. Cities and towns should have the ability to plan their communities as they believe best, including the location and operation of liquor establishments. The proposed provisions allow cities to have a greater role in the liquor licensing process for liquor establishments to ensure that are addressed. D. Fiscal Impact to Cities and Towns These provisions should result in fewer police calls for liquor establishment-related incidents,reducing the need for law enforcement resources and increased costs to cities and towns. E. Fiscal Impact to the State Anticipated costs to the State would be minimal, primarily one time administrative implementation costs by the State Liquor Depai tunent and Board. F. Contact Information Name: Connie Tucker Title:Management Analyst .1400 Phone: (928)777-1144 Email:connie.tucker@cityoiprescot.t.net Increase Municipal Input on Liquor Licenses Urges the Legislature to modify State Statutes to allow cities and towns to request a price range in a Request for 111111111.1, Proposal or Statement of Qualification solicitation for Professional Services. Submitted by: City of Prescott,Town of Prescott Valley,City of Bullhead City * * * * * * * * * * * * * * * A. Purpose and Effect of Resolution This resolution proposes to modify State Statutes 34-103 and 34-603 to allow municipalities to request a price range for the fees associated with the services listed in a Request for Proposal/Statement of Qualifications(RFP/SOQ)solicitation. The price range will only be one of several criteria used to evaluate the proposals and would not be allowed to be weighted more than 20%of the total score. B. Relevance to Municipal Policy 34-103 does not allow a municipality to consider fees for services in the selection process for certain professional services. This has led to many instances where municipalities spend weeks in the selection process and find that the fees charged by the#1 rated firm far exceed the budgeted amount. The municipality is then required to restart the negation process with the#2 firm, and so on until a fee within the budgeted amount is agreed upon. In some cases,the municipality has to reissue the RFP/SOQ because they are unable to reach an agreement on fees,resulting in months of delay in starting a project and increasing the costs associated with the project. The RFP/SOQ process is an important component of any municipality's Capital Improvement Program. Any delay to the process will ultimately result in increased costs to the citizens of the municipality. Having the ability to evaluate the fee structure range at the beginning of the process will enable a municipality to save time and start the project sooner. C. Importance of Resolution to Your City or Town The RFP/SOQ process is an important component of any municipality's Capital Improvement Program. Any delay to the process will ultimately result in increased costs to the citizens of the municipality. Having the ability to evaluate the fee structure range at the beginning of the process will enable a municipality to save time and start the project sooner. D. Fiscal Impact to Cities and Towns This provision should allow municipalities more timely completion of their needed capital projects and other projects requiring professional services,as well as ultimately saving the taxpayers money. E. Fiscal Impact to the State There should be no increased fiscal impact to the State. F. Contact Information Name: Connie Tucker, Title:Management Analyst Phone: (928)777-1144 Email: connie.tucker@cityofprescott.net 11161, Allow Requests for Price Ranges on Fees in RFQ/SOQ's for Professional Services Urges the Governor and the State Legislature to develop and pass legislation that supports the implementation of the 2006 recommendations from the Governor's Emergency Medical Services Access Task Force to address the shortage of physicians in the State of Arizona. The League encourages the Legislature to be consistent with Task viii) Force recommendations, including: expanding the level of Graduate Medical Education (GME) funding; expanding medical school capacity within the state universities; addressing issues affecting the attraction and retention of physicians from out-of-state; reducing obstacles to medical practice in Arizona; and addressing any other major issues that affect a physician's decision to locate or remain in Arizona to practice. Submitted by: City of Sierra Vista, City of Flagstaff, Town of Huachuca City, City of Willcox, City of Douglas, City of Bisbee, City of Benson, Town of Oro Valley, City of Prescott * * * * * * * * * * * * * * * A. Purpose and Effect of Resolution Part II of the 2005 Arizona Physician Workforce Study,conducted by specialists from the University of Arizona and Arizona State University,identified that since 1992 to 2004,Arizona's physician supply is not keeping up with its population growth. The situation has not gotten any better. Arizona has 219 physicians per 100,000 population,well below the national average of 293 per 100,000. Rural communities in the state are affected by the shortage even more, with one county at under 60 physicians per 100,000. Specialty physicians are particularly difficult to recruit and retain. By way of example,the City of Sierra Vista's regional hospital is now the only location in all of Cochise County in which a woman can deliver a baby outside of a setting in which emergency services are available. On May 25,2006,Governor Napolitano signed Executive Order 2006-09, forming the Emergency Medical Services Access Task Force. This Task Force obtained and reviewed data and public input on the issue of physician shortage, with an emphasis on access to emergency care. The Task Force developed a number of recommendations that were presented in a report on December 13,2006. No legislation has been implemented to improve the situation to date. Since approximately 60%of physicians who complete their training in Arizona teaching hospitals remain to practice within the state, enhancing the Graduate Medical Education(GME)program is a critical component to addressing this shortfall; one of the Task Force's recommendations. The Task Force also recommended reducing obstacles to medical practice in Arizona. Recruitment and retention of physicians is hampered throughout the state by higher professional liability premiums as compared to other states, and this is certainly an obstacle needing attention. B. Relevance to Municipal Policy Health care is a key component of the overall quality of life for any community. It is an attraction and retention component for both business and military activities, both of which are the backbone of the state's economy. An adequate supply of physicians is the foundation of quality healthcare,and although most barriers to physician recruitment and retention are beyond the direct control of local government, the health of our citizens should be a strong consideration for local legislative input and advocacy. The National League of Cities has incorporated citizen health in its overall federal legislative platform by developing and advocating for health programs for children and youth. C. Importance of Resolution to Your City or Town There should be no negative fiscal impact on Cities and Towns. To the contrary,not only will there be an intrinsic gain to Cities and Towns in overall quality of life of their residents if accessibility to health care is improved,but all communities in the state can use improved health care as an economic development tool in the future. D. Fiscal Impact to Cities and Towns Implementation of some of the Task Force recommendations will require additional investment by the state in medical education. However,some recommendations can be implemented with little to no affect on state finances. But like the cities and towns, improvement in access to health care results in an improvement in the ability of the State to attract Implement Emergency Medical Services Access Task Force Recommendations corporations who value health care access as a major factor in relocation to Arizona. In addition,more physicians in the rural areas of the state will reduce the number of trips on already overcrowded roadways that residents from those areas make to the Phoenix or Tucson metropolitan areas to seek treatment. E. Fiscal Impact to the State None. F. Contact Information Name: Robert Blanchard Title: City Council Member Phone: (520)227-8338 Email: rblanchard@ci.sierra-vista..az.us ci.sierra-vista..az.us NINW ‘1111w Implement Emergency Medical Services Access Task Force Recommendations Urge the State Legislature to adopt legislation establishing a uniform property tax assessment methodology for deed-restricted housing created under an affordable housing program that recognizes the limited profits owners of deed-restricted housing can realize. Submitted by: City of Sedona,Town of Camp Verde * * * * * * * * * * * * * * * A. Purpose and Effect of Resolution Cities and towns with affordable housing programs are increasingly focused on ensuring that any affordable housing created remains affordable to the target population for an extended period of time. The initial purchase price of a home created under an affordable housing program is below what the home would sell for at full market price. Owners agree through deed restriction to limit the price at which the homes can be resold to ensure that the homes remain affordable. In Arizona there is no standard methodology for assessing deed-restricted housing, and County Assessors individually determine how to assess such properties. Some assess deed-restricted housing using the same market value as surrounding market rate properties, and some create a category of deed-restricted housing that recognizes the below- market sales prices and the significant limitation on profit that the owners can realize. As Assessors change,there is always the possibility that a different assessment methodology could be applied to deed-restricted housing. In cases where deed-restricted housing is sold and resold well below market value but are taxed as if owners are realizing the same gains as any other homeowner, over time taxes can make the home unaffordable, especially in areas with high property values. B. Relevance to Municipal Policy Cities and towns with affordable housing programs should be able to rely on taxes being assessed uniformly over time so that the homes are not lost as an affordable housing resource. C. Fiscal Impact to Cities and Towns Possible impact to cities or towns that levy property taxes. Also, changes to property tax/valuations could impact counties and thus schools. D Fiscal Impact to the State There should be no direct impact to the State since it does not levy a property tax. E. Contact Information Name: Audree Juhlin Title: Assistant to the Director, Community Development Phone: 928-204-7107 Email:Ajuhlin@SedonaAz.gov Establish a Uniform Property Tax Assessment for Affordable Housing Projects Amend Title 39-121.01(D) to allow additional fees for voluminous or substantial public records requests. Submitted by: City of Prescott,Town of Prescott Valley,City of Bullhead City * * * * * * * * * * * * * * * A. Purpose and Effect of Resolution Municipalities conduct hundreds of public records requests each year. While the majority of such requests are routine, and involve only minimal amounts of documents or a specific document,a small percentage of the records requests require intensive staff time to research and copy the requested records. At a time when municipal budgets are strained and staff increases are unlikely,these voluminous requests will have a significant impact on city staff. Amending Title 38 to provide for and cover the actual staff time and costs for these requests by allowing municipalities to assess a search fee and actual hourly fees to recoup the employee costs involved in fulfilling these voluminous requests will help prevent unduly burdensome and expensive requests,including frivolous type requests, from being foisted on the general public. Our proposal is that requests involving in excess of 100 pages of documents,or those which involve substantial amounts of research,location and assembly time by city staff,involving in excess of one hour of staff time(such as archival requests for voluminous documents,substantial historical and data base research, and many other such requests,which could also include requests such as all e-mails between two particular agencies or within a department, such as a police department, etc) be billed at the actual costs of the clerical and staff time for such personnel as are necessarily and actually involved in processing the request. B. Relevance to Municipal Policy Transparency is essential to municipal government and processing public records requests is one component of that %Mr transparency. However, some requests are tendered,whether inadvertently or otherwise, entailing undue expense and cost to local government and of course,ultimately the taxpayers. The amount of resources required to respond to a small percentage of voluminous records requests,and these appear to be increasing exponentially,are not adequately covered within the statutory limitations for fees. Often,huge boxes of archival material,e-mails, and massive document searches cause hours of staff time and expense. Currently there is no incentive for requesting parties not to focus their inquiries to what they actually are seeking and some of the many requests appear to be excessive or actually designed or intended to be burdensome or oppressive. Establishing a reasonable, actual cost fee for these searches will encourage persons to be more specific and directed in their public records requests and will ensure that the extreme costs and time involved in huge requests will not be an additional burden on already strained municipal resources. Again,by way of example,some requests are very vague and over-broad, i.e. "all e-mails"when a city receives tens of thousands of e-mails in a week,or"all documents related to Project X"where Project X is a multi-phase,multi-year project that involves a literal truckload of documents. These types of requests involve excessive staff time,ultimately costing our citizens. Our city and many others have received numerous such requests this past year. If the requestors had to pay for the actual costs associated with these requests,the requestors may be inspired and would have incentive to narrow the scope of the request and limit it to the documents they truly want. Currently,there is no such incentive and no method for the government to recover the excessive time and costs foisted upon the taxpayers and municipal departments. C. Fiscal Impact on Cities and Towns Cities would be able to recover the actual costs associated with complying with the public records requests,allowing strained staff and financial resources to be used for local services. Requestors desiring huge truckloads of documents should reasonably bear the actual staff time and costs for their voluminous requests. D. Fiscal Impact to the State Additional Fees for Voluminous Public Records Requests The State would also be able to recover its actual costs as well when processing public records requests. E. Contact Information Nal0 Name: Connie Tucker, Title: Management Analyst Phone: (928)777-1144 Email: con�nie.tucker@cityofprescott.net Additional Fees for Voluminous Public Records Requests tklar Urges the Legislature to act on behalf of all cities and towns, asking for protection,authorization and full appropriations for funding of the Edward Byrne Memorial Justice Assistance Grant(Byrne/JAG Grant Program). Submitted by: City of Cottonwood,City of Prescott,Town of Chino Valley,Town of Camp Verde * * * * * * * * * * * * * * * A. Purpose and Effect of Resolution This resolution seeks to ensure future funding to the Byrne/JAG Program. The Byrne/JAG program is a partnership among federal, state and local governments to create safer communities. As our cities continue to grow and expand,drug trafficking,gang and violent crime threats grow with it. This program is vital to the funding of the Partners Against Narcotics Trafficking(PANT)program and other anti-drug/gang programs throughout Arizona.Byrne JAG funds are crucial to crime control and prevention programs that have contributed to nationwide reductions in crime. In the City of Cottonwood alone,with introduction and Byrne/JAG's fiscal support of a PANT office in our community, crime statistics were reduced a staggering 40%. Without this program,communities can not possibly provide the funds needed for narcotics team activities or drug abuse prevention and education activities. B. Relevance to Municipal Policy This would ensure funding of local narcotics task forces,reducing the devastating impact illegal substances have on our communities. (iiir C. Fiscal Impact to Cities and Towns Byrne/JAG funding was cut heavily in 2007,dropping from$520 million to$170 million. Passage of this desired legislation will continue to provide funding necessary for the protection and prevention activities offered by PANT which would otherwise not be possible. In turn,it would directly impact crime rates,insurance rates/losses,quality of living, increase prisoner costs, increase child abuse/neglect cases,decreased property values,etc,in our cities and towns. D. Fiscal Impact to the State The Bureau of Justice(BJS)determines the state allocations and awards them to the State Administering Agency(SAA) which is the Arizona Criminal Justice Commission(ACJC).These funds are then awarded on a competitive basis based on previously determined priorities. If this funding is not available,our state and nation would see an explosive increase in crime rate,decreased property values and quality of living environments,increased incarceration expenses, increased child abuse/neglect incidents, and increased unemployment to name only a few. This funding is essential to crime control in our communities. E. Contact Information Name: Diane Joens Title: Mayor Phone: 928-634-5526 or 928-634-4112 Email: mayor@dianejoens.com dianejoens.com (1110/9 Maintain and Increase funding to the Byrne/JAG Program Urges the Arizona Congressional Delegation to work on comprehensive immigration reform at the Federal level. Submitted by: lad City of Prescott,Town of Prescott Valley * * * * * * * * * * * * * * * A. Purpose and Effect of Resolution Immigration reform is vital to the economic development of municipalities in Arizona. Comprehensive immigration reform is needed to address the current shortage of workers in Arizona in the service industries (such as restaurants, hotels,hospitals,landscapers to mention just a few). The League of Cities and Towns should send a letter to our congressional delegation containing the following recommendations: 1. Create a guest worker program. Most illegal immigrants come to the United States to work.A guest worker program would give them a chance to legally work in the United States. By allowing guest workers,U.S. authorities could focus on drug dealers and security hazards instead of job-seekers. 2. Secure the border,prevent illegal residents and workers. 3. Encourage the Federal Government to comprehensively address illegal immigration. Any mandates placed upon local jurisdictions to enforce federal immigration law should be fully reimbursed to the localities for any costs they incur. 4. Inform the public. Too many people still do not have an accurate picture of the full economic impact of immigrant labor. B. Relevance to Municipal Policy The Federal government has abdicated its responsibility to secure the borders and enforce immigration laws. Cities have been forced to take resources away from other local services to address immigration issues, straining local budgets. The current shortage of service workers has been further exacerbated through the employer sanctions law,as immigrant labor Noir is leaving the state. Local businesses are at risk when they are unable to hire the workers needed to carry out their trade. As local businesses are affected, sales tax revenue to the cities declines,putting vital services at risk. C. Fiscal Impact to Cities and Towns Establishing a guest worker program would allow local authorities to use resources to provide needed services to their citizens instead of using the resources to enforce Federal immigration laws. The net impact would be more usable revenue that could be devoted to vital core programs. It would also have the added benefit of helping to stabilize sales tax revenues. D. Fiscal Impact to the State The State would also benefit from a guest worker program,as it too could use its resources on its citizens, and not on Federal immigration enforcement. Similar to the benefits for cities and towns,more usable revenue that could be devoted to vital core programs. For example, less State Police resources would need to be allocated to immigration enforcement issues. E. Contact Information Name: Connie Tucker, Title:Management Analyst Phone: (928)777-1144 Email: con�nie.tucker@cityofprescott.net Noill10 Encourage Comprehensive Immigration Reform at the Federal Level Urges the Arizona State Legislature to amend the existing state statute(A.R.S. 13-602)to make property damage in the form of graffiti a class 1 misdemeanor. Submitted by: City of Phoenix,Town of Buckeye, City of Surprise,City of El Mirage,City of Peoria * * * * * * * * * * * * * * * A. Purpose and Effect of Resolution Graffiti crime continues to plague our cities and towns. Graffiti vandals rarely impact one site but instead spread their blighting impact on many properties throughout our communities. The cost to local governments and private property owners creates an unnecessary burden. For example,the City of Phoenix will spend and estimated $4 million next fiscal Year on graffiti removal,money that could be better spent on other important city services. Increasing the penalty related to this crime may raise the consequences associated with vandalizing properties with graffiti. B. Relevance to Municipal Policy Graffiti vandals do not recognize jurisdictional boundaries. Increasing the penalties may act as a deterrent,resulting in healthier communities and budget savings to local governments. C. Fiscal Impact to Cities and Towns There is no anticipated fiscal impact to cities and towns. ‘111,' D. Fiscal Impact to the State There is no anticipated fiscal impact to the state. E. Contact Information Name: John Wayne Gonzales Title: Intergovernmental Liaison Phone: (602)534-5271 Email:john.wayne.gonzales@phoenix.gov 411111, Classify Property Damage from Graffiti as a Class 1 Misdemeanor Urges the Arizona State Legislature to permit city and/or county water and wastewater providers to enter into mutual aid agreements with private utility companies in emergency situations. Submitted by: City of Phoenix,Town of Marana, City of Mesa, City of Peoria * * * * * * * * * * * * * * * A. Purpose and Effect of Resolution The Arizona Water and Wastewater Agency Response Network(AZWARN)is a voluntary statewide cooperative program that provides expedited access to the resources(equipment and manpower)needed to respond to a water or wastewater emergency that would cause a disruption. Arizona is the 23rd state to establish such a program. Currently, 10 jurisdictions, from Phoenix to Prescott Valley, are participating in the program. State law prohibits local governments from entering into similar agreements with private utilities. City and county governments are permitted to exercise authority and enter into intergovernmental agreements only with one another. These agreements are negotiated prior to the services being needed,with the jurisdictions that choose to participate negotiating the assistance available and repayment options. This resolution seeks a change in state law to specifically permit these agreements. B. Relevance to Municipal Policy These recommended changes would increase the ability for member agencies to respond to man-made or natural disasters in a timely manner,protecting our residents from any interruption of service. C. Fiscal Impact to Cities and Towns Ned Only municipalities that voluntarily join AZWARN face the possibility of financial expenditures in case of emergency. y D. Fiscal Impact to the State There is no anticipated fiscal impact to the state. E. Contact Information Name: John Wayne Gonzales Title: Intergovernmental Liaison Phone: (602)534-5271 Email:john.wayne.gonzales@phoenix.gov Allow Mutual Aid Agreements Between Public and Private Water and Wastewater Providers Urges the Legislature to amend the current candidate signature requirements for nonpartisan local elections to give111110, a cityor town the option to either utilize existing signature requirements or cap the number of required p signatures at a set number. This would not impact recall, initiative, referenda, state or federal office signature requirements. Submitted by: City of Scottsdale,City of Chandler * * * * * * * * * * * * * * * A. Purpose and Effect of Resolution Under current Arizona law,candidates for City Council in at-large cities must collect valid signatures equal to five- percent of the total number of votes cast in the previous mayoral election. For cities with high voter turnout,this formula significantly increases the amount of signatures required to run for city council as compared to a similar sized city or town with a low or average voter turnout. In 2006, the Legislature passed SB 1041 changing the election cycle of several cities from the spring to the fall. Historically,fall and/or presidential elections receive a higher percentage of voter turnout than spring elections which will cause the election signature requirement for these cities to rise even higher than it is currently As an example, during the 2004 General Election,there were 109,469 votes cast in the City of Scottsdale. If the same number of people were to vote in the 2008 General Election and the Mayoral Election is decided at the same,a candidate for the 2010 City Council race will need to collect 5,473 valid signatures to have their name placed on the ballot. (itay In 2008, Representative Michele Reagan introduced HB 2385,which would have given cities the option of staying with the current system or capping the total amount of needed signatures at 1000. The legislation would not have affected district cities,nor would it have changed existing recall or initiative processes. HB 2385 failed to pass during this past session. B. Relevance to Municipal Policy Unfettered access to the election process is a cornerstone of our democracy. The current election signature requirements create an unnecessary burden and obstacle to those considering running for City Council in those affected cities. It should be adopted policy to encourage rather than discourage those willing to seek and serve the people of their communities as elected officials. C. Fiscal Impact to Cities and Towns There is no anticipated fiscal impact to cities and towns. There may be reduction in costs to validate submitted election signatures. D. Fiscal Impact to the State There is no anticipated fiscal impact to the state. E. Contact Information Name: Bridget Schwartz Manock Title: Government Relations Director Phone: (480)312-2423 Email:BSchwartzManock@ScottsdaleAZ.gov Allow Municipalities to Cap the Number of Required Signature to Run for City Council Requests that statutes, including A.R.S. §39-204, requiring publication of notices, agendas, reports, and other statutorily mandated publications, in a newspaper, be amended to allow cities and towns the option to publish on an official website. Nod Submitted by: City of Yuma, Town of Quartzsite, City of Apache Junction,City of Nogales, City of Flagstaff, Town of Paradise Valley * * * * * * * * * * * * * * * A. Purpose and Effect of Resolution There are no less than 26 statutes,including 16 in Title 9,that require cities and towns to publish,in a newspaper, notices,agendas, financial reports, etc. These statutes specify the number of times a notice must be published and when and where publication must be made. Some statutes also dictate the size of the notice(e.g. quarter page) and the font size. Publication must be in a newspaper of general circulation,having "a bona fide list of paying subscribers", in the county where the city is located. o Yuma has only one local daily newspaper which has an average,county-wide,daily circulation of 21,000-22,000. In contrast with the newspaper,the City of Yuma website has an average of over 10,000 pages downloaded from the City website each week. (Data for the total number of website visits is not available,but is estimated to be much higher.) o The local newspaper in the City of Flagstaff has an average, county-wide, circulation of 11,500 Monday-Friday and 12,000 on Sunday. In 2007,the official site for the City of Flagstaff averaged 61,000 hits per day. o The City of Apache Junction has no local newspaper,but publishes in the Mesa Daily Tribune. The circulation figures for Apache Junction are unavailable. Website data was not available. o The local newspaper in the City of Nogales has an average, county-wide,twice-weekly circulation of 2800, compared to a population of nearly 24,000. Website visit data is not available at this time. o The Town of Paradise Valley has no local newspaper,but publishes in a regional newspaper. Paradise Valley has le) an average of 941 pages downloaded per day and approximately 9941 website visits per month. Posting on an official website may reach more people,save money and be much more convenient to the user. B. Relevance to Municipal Policy Cities seek to provide the most information to the widest audience as quickly as possible. The interne is rapidly overtaking newspapers as the primary source of news and information. Posting required notices on an official website will reach a wider audience in less time and keep citizens better informed on matters that affect them. C. Fiscal Impact to Cities and Towns In FY 2006-2007 the City of Yuma spent$110,194.81 on publication in the newspaper and$106,523.52 in FY 2005- 2006. (The rates are discounted based on a guaranteed amount of advertising each year.) The City of Apache Junction spends approximately$60,000 annually on publication. The City of Nogales budgeted $75,000 in 2007 for legal publications. The Town of Paradise Valley budgets$32,000,and spends approximately$16,000 annually. Allowing cities to publish on their website will free these funds for critical services. D. Fiscal Impact to the State There is no anticipated fiscal impact to the state. E. Contact Information „.4100 Name: Connie Scoggins Title: Assistant City Attorney Phone: (928)373-5055 Email:Connie.Scoggins@YumaAZ.gov Allow Municipal Websites to Serve as Official Publication/Notification To ask the Legislature and the Governor to continue their support of policies that strengthen the mission viability of Arizona's military installations. 1111110, Submitted by: City of Avondale and City of Peoria * * * * * * * * * * * * * * * A. Purpose and Effect of Resolution Theur ose of this resolution is to continue activities at the state level that enhance the mission viability of p p Arizona's military installations. The military industry in Arizona is a key component of our local,regional and state economy. There are five(5)major military installations across Arizona: Davis-Monthan Air Force Base, Army Intelligence Center&Fort Huachuca,Luke Air Force Base,Yuma Army Proving Grounds and Marine Corp Air Station—Yuma. Arizona has long been considered a model state for how it has passed laws to protect the missions of its military installations throughout the years. The Arizona Legislature has taken a variety of proactive steps in this regard, including (but not limited to)the creation of, • enhanced notification requirements of proposed development in the vicinity of military airports; • heightened disclosure on the sale of land within the vicinity of military airports; • a chart of compatible land uses within high noise and accident potential zones; • sound attenuation standards for development near military airports; • statutes prohibiting natural gas storage facilities within nine miles of military airports; • zoning protections around auxiliary fields to mirror those around primary military airports; • a "Military Installation Fund" used to buy land near bases or finance infrastructure improvements; • notification toy otential homebuyers under military training routes of military activity overhead. p The effect of this resolution would be to encourage state lawmakers to stand behind these protections and improve upon them whenever possible. It is especially important that state and local leaders not take backward steps that could weaken these protections or programs in any way, especially as they come under challenge due to misinterpretation of the statutes or as a result of encroachment pressures from incompatible development. This resolution would likewise provide an opportunity to inform fellow legislators about the tremendous economic impact military bases have on our state's economy. It is our fiduciary responsibility to continue to be leaders inp rotecting our military bases, not only for the economic interests of the state, but also for our nation's defense. B. Relevance to Municipal Policy Military bases in Arizona exert a profoundly positive social and economic impact on local governments throughout the state. At Luke Air Force Base alone,Base personnel volunteered over 100,000 hours in the community and entertained over 200,000 visitors for open house visits during 2007. Supporting the statutory protections and programs of Arizona's military also helps to strengthen the operations of our state's military bases. In this manner, we protect a constant and stable revenue source that stands impervious to fluctuations or downturns in the economy. Most cities throughout the State of Arizona are home to active duty,reservists or military retirees,thus making this resolution relevant to cities and towns statewide. Any disruptions to the missions of our military bases could significantly affect the local and state economies that benefit from their presence. C. Fiscal Impact to Cities and Towns Support Arizona's Military Installations On July 21, 2008 in Tucson, Governor Napolitano released a state-funded study entitled Economic Impact p of Arizona's Principal Military Operations — 2008. According to the Governor's office, the report details the economic contributions of Arizona's major military installations. Arizona's military operations are increasingly gY important to the state's economy, creating and supporting tens of thousands of jobs and generating more than $9 billion in revenue every year. The report examines the impact of the facilities themselves, as well as other economic activity that is generated by their presence. The report found that the direct employment impact of the facilities is substantial. Nearly 46,000 employees (civilian included)are tied directly to the installations statewide -- as many jobs as created by Arizona's two largest private employers(Wal-Mart and Banner Health Systems). More than 96,000 employees were identified in direct, indirect and induced employment. This equals the number of workers at the state's top employers. five em to ers. The military, like other industry sectors in our economy, contracts for services and spends for operations,which is another key part of our State's economy. This generates private sector jobs while adding $401 million in tax payments that keep our communities and state moving forward, D. Fiscal Impact to the State The State benefits from the military "industry,"just as the cities and towns do as detailed in the economic impact report cited above. Unlike most other industries throughout Arizona, the funding of military operations, and the economic impact that results, is almost entirely independent of economic conditions. This makes the economic impact of the military in Arizona arguable one of the most important revenue generators the State relies on. Arizona's commitment to funding military operations is relatively low. As part of the State'sp olicies to maintain and enhance missions,the Governor and the Legislature created a Military Installation Fund(MIF). Beginning in g g fiscal year 2004-2005, $4.825 million dollars began being appropriated from the State general fund to the MIF—a total of$100 million over 20 years. Private property owners can apply for financial compensation associated with the impacts of land use restrictions for compatibility, high noise and accident potential zones near military installations. The MIF is a good faith effort to insure that property owners are compensated for the impact ofNu) owning property within close proximity to military bases. Unfortunately, the MIF became targeted for cuts within the FY 2009 state budget. As lawmakers struggled to g gg close an historic $2 billion budget deficit, $3 million was swept from existing MIF funds and the annually scheduled appropriation from the general fund to the MIF was reduced by an amount equal to its annual appropriation($4.8 million). E. Contact Information Name: Shirley Gunther Title: Intergovernmental Affairs Manager Phone: (623)333-1612 Email: sguntlier@avondale.org Support Arizona's Military Installations Oppose efforts to impose federally mandated public safety collective bargaining on local governments. Submitted by: League Staff with approval of the resolutions subcommittee * * * * * * * * * * * * * * * A. Purpose and Effect of Resolution Oppose federal efforts to require cities and towns to follow federally mandated collective bargaining standards. This concept,contained in H.R. 980,passed the U.S. House of Representatives by a significant margin and currently is waiting for action in the U.S. Senate. B. Relevance to Municipal Policy The Public Safety Employer-Employee Cooperation Act of 2007 would severely damage the historic relationships that exist between state and local elected officials,their employees,and the constituents they represent. State, county, and municipal officials provide workers with excellent salaries,benefits and working conditions that are responsive to the fiscal needs and limitations of state, county and city governments, and reflect the priorities of the communities that elected officials represent. This legislation would force states and localities to adopt federal collective bargaining standards,disregard existing state laws and ordinances that were developed to create an effective and efficient public sector workforce, and place the needs of a select group of workers—public safety officers—in front of the larger needs of the community or other public sector employees. It would,quite simply,undermine state,county and municipal autonomy with respect to making fundamental employment decisions by mandating specific working conditions, including collective bargaining. (kir C. Fiscal Impact to Cities and Towns The fiscal impact on cities/towns could be significant,particularly for cities and towns that presently do have collective bargaining. D. Fiscal Impact to the State None. E. Contact Information Name: Ken Strobeck Title: Executive Director,League Phone: (602)258-5786 Email:kstrobeck@azleague.org Oppose Federally Mandated Collective Bargaining Oppose the IRS pension reform rules that eliminate the "age plus years of service" formulas in public pensions. Submitted by: League Staff with approval of the resolutions subcommittee * * * * * * * * * * * * * * * A. Purpose and Effect of Resolution In May 2007,the IRS published Final Regulations in the Federal Register on distributions from a pension plan upon attainment of normal retirement age. For governmental plans,the changes are effective for plan years starting on or after January 1,2009. (The Regulations do not allow for the fact that state and local governments have different legislative or constitutional processes with varying timelines that must be followed in order to change a governmental retirement plan.) In August 2007, the IRS issued a Notice(See attached Plan Notice 2007-69),which, among other things,requested comments from sponsors of governmental plans on whether normal retirement age under such a plan may be based on years of service. In December 2007, in response to the Notice, organizations representing governmental plans submitted comments outlining legitimate concerns with the Regulations. To date,the IRS has not responded to the Comment Letter and NLC,along with other groups that represent governmental plan sponsors, sent an additional letter to the IRS requesting an extension of the effective date by which governmental plans must be in compliance with the new regulations. B. Relevance to Municipal Policy Established pension plans in Arizona typically utilize an"age plus years of service"to determine an employee's normal ,41) retirement age. The IRS rule is currently very vague but has potential to greatly impact existing plans. For example, the proposed minimum age range is 55-62 years old. It does not clarify it this rule would apply to existing employees, new employees in existing plans or only newly established plans after the rule becomes effective. C. Fiscal Impact to Cities and Towns Because of the proposal's lack of details,the fiscal impact is difficult to determine. It possibly could lower overall pension obligations,since employees likely would be working longer and contributing to the plan longer. It could also reduce the number of"return to work"employees. If the proposal does not apply to all employees,there could be significant administrative costs in keeping separate records. D. Fiscal Impact to the State This proposal would apply to the state pension programs and well, so they would likely face similar impacts as mentioned for cities and towns above. { E. Contact Information Name: Ken Strobeck Title: Executive Director,League Phone: (602)258-5786 Email: kstrobeckAazleague.org Oppose IRS Rule Eliminating "Age Plus Years of Service"Formulas in Public Pension Plans [ 9 1 1 TOWN OF ORO VALLEY Page 1 of 5 COUNCIL COMMUNICATION MEETING DATE: 12/03/08 TO: HONORABLE MAYOR AND COUNCIL FROM: Jerene Watson, Assistant Town Manager SUBJECT: Discussion or possible action to direct staff to seek federal funding on identified Town projects and/or secure the services of a federal government relations firm to help the Town pursue federal funding. EXECUTIVE SUMMARY: The state legislative process, in combination with the regional PAG (Pima Association of Governments) coordination on transportation funding and other regional issues, comprise our current Town legislative agenda and have guided our actions. Earlier this year the Council was provided our Annual Legislative Calendar (attachment #1) and Arizona State Legislative Process through the AZ League of Cities & Town's resolutions process (attachment #2) by way of explanation and coordination of our legislative activities. One option the Town has not customarily explored is the opportunity to tap into the federal legislative process. This would involve seeking congressional assistance and/or funding through grants and direct earmarks for Town projects. In light of the downturn in the economy and our recent bond election, the discussion this evening will highlight Town projects which may be viable for federal 417 assistance. The goal is to explore whether the Council wishes us to seek direct federal funding opportunities and whether to use staff solely in the efforts or contract with a federal government relations firm to pursue such potential revenue source. DISCUSSION: Seeking federal assistance for local projects in cities and towns of all sizes has become much more common in Arizona as well as across the country as compared to decades of the past. Currently there are $400 billion in federal competitive grants and cooperative agreements and nearly $14.1 billiong iven as earmarks for 2008. Experience with the workings of the federal arena is not always essential but often heightens our chances of success in securing another revenue source to supplement project funding. Whether lobbying directly or managing a lobbying contract, there are potentially financial benefits to asking our federal lawmakers for assistance, making our needs and voice known to our congressional delegation members. Types of projects that lend themselves to federal appropriations include: • Transportation, highway and bridge projects funded via (1) formula to states or discretionary appropriations out of the "Safe, Accountable, Flexible, Efficient Transportation Equity Act," also known as SAFETEAU-LU or the Transportation Reauthorization bill or (2) the Highway Trust Fund within the Federal Highway Administration. • Water and wastewater infrastructure projects through Water Resources Development Act (WRDA); while it took seven years to get this bill passed, Congress is intent on maintaining it. 4:________ ATTACHMENT B TOWN OF ORO VALLEY Page 2 of 5 COUNCIL COMMUNICATION MEETINGDATE: 12/03/08 • Regional projects with multi-jurisdictional and/or - ublicrivate p p partners, such as environmentally focused projects (greenhouse gas reduction wetlands and riparian . ), projects, climate change demonstration projects, regional recreation complexes p serving smaller jurisdictions, etc. Within Oro Valley we have identified needs for additional fundingsources for the following current projects: • Steam Pump Ranch historic preservation — with Pima Countybonds used, this multi jurisdictional project is better suited for federal grants but has potential for earmarked funding. g • Naranja Town Site recreational and cultural complex — a combination of funding sources such as Pima County bonds, a federal grant or earmark, andrivate investment might ght constitute a financial package that would allow the Town to construct the J ro"ect in phases. p • Central Arizona Project (CAP) Water Treatment and deliverysystem - this multi-jurisdictional. y infrastructure project (Towns of Oro Valley & Marana, Metropolitan Domestic Water . p Improvement District & Flowing Wells Irrigation District) already has Bureau of Reclamation support.upport. This would serve the joint treatment and delivery of CAP water to deliver renewable water supplies and minimize and reduce the amount of groundwater developed. Studies, design and construction thisg of project would range between $40 - $75 million and we could seek additional funds for this project. The NW Water Providers has a contracted lobbyist to assist in this effort already an available potential federal funding for this project will be sought. Congressional offices typically look at requests in late Januaryor February so submissions would need to be into them no later than mid-January. The federal appropriations c cle be ins in y g late winter with submissions from a congressional offices typically due in March, followed byfew in April and May. By August the respectivecommittee hearings have been held, mark-ups for legislation egislation are completed, and the 13 Appropriations subcommittees begin to meet to look at the recommended projects (attachment #3). The competition for federal assistance is strong. The process can be slow over multiple sessions essions of Congress, and may require some percentage of a match. While relationships have been p developed with some of our Members of Congress, their staff and the Governor's federal relations staff, any request requires time and money to develop a briefing packet and meet with congressional Members and staff in an effort to showcase our community and the need we have for their assistance, coordinate with key staff and working within their process and timelines to secure funding. g We can make this effort without additional assistance. However, havingfederal a government ernment relations firm on contract can provide some benefits and fill a gap in service and access we do not have on our own. Their relationships to committee chairmen, Members of Congress and their g e r staff, knowing the rules and processes of both the US Senate and House of Representatives will p at times TOWN OF ORO VALLEY Page 3 of 5 ;OUNCIL COMMUNICATION MEETING DATE: 12/03/08 be limited during the committee hearings or Appropriations process when access on Capitol Hill can be critical to the movement or protection of an amount requested. OPTIONS: 1 . Staff and Elected Official Lobbying Team: Developing a briefingpacket on a project request, meeting with congressional Members and staff p g locally, as well as making trips as appropriate to Washington, D.C. are part of the team work and Y planningthat is needed to shepherd a request through Congress. Costs may be saved by taking advantage of the times that Senators and Representatives are back in Arizona as well as working g through staff members here. But Washington staff and visits to all ten Arizona delegation members in their working environments on Capitol Hill are key. We are mainly dependent on the Chief of Staff, Legislative Director or Legislative Assistants in the Member's office to work on our behalf. Much is involved in communicating with the local and national offices throughout the process and it is time consuming to really press our case. Each March the National League of Cities has a conference in Washington, DC where many localities devote time to either the week before or during the conference, meeting with their congressional members. But there are strategic opportunities that require other visits during a year to be success_ ful. The Governor has a federal relations office in Washington, and building that relationship to staff may prove helpful. At times, depending on the nature of the request, visits to federal Agency taff may play a part. And as would be expected, getting a project in the President's budget is an '4"•`-added advantage from the start. 2. Federal Government Relations Contracts: Despite the preference of many congressional offices of local officials doing their own lobbying, there are definite advantages to having "boots on the ground" in Washington, D.C. Firms from around the country who are interested in responding to a professional services contract broaden our representation beyondjust those who have Arizona ties. That affords greater support from other ep y members of Congress they have relationships with when our own delegation members drag their feet. It alsog ives entrée to Committee Chairmen who can afford valuable assistance at key moments in thep rocess. Lobbyists meet daily on Capitol Hill and can be our voice on a more regular basis, following the process and taking strategic actions at appropriate times on our behalf. There are multiple types of federal lobbying contracts and variations within them, depending on what is negotiated. Examples of two types in general use are: a . Limited Scope Contract: a lump sum contract with a capped dollar amount for a limited scope of work. Advantages would be: • The cost is set as a lump-sum contract and a timeframe would be set without a renewal option, controlling costs and allowing us to budget with assurance. a TOWN OF ORO VALLEY Page 4 of 5 COUNCIL COMMUNICATION MEETING DATE: 12/03/08 ■ The contractor would have to keep working hard to produce dollars at a specified level in order to keepour businessinp if we tie their fee with the dollar amount theybring back over a specifiedperiod of time. p e. Disadvantages may be: ■ This type of contract might deter or eliminate some large, more experienced firms from seeking the contract; i.e. possibly those who have former Hill appropriations staff in the fold after they left Capitol Hill, a preferred benefit. • If other needs arise, we have to do another contract, ossi I p b y with the same firm, or perhaps with another, as they would only be workingthe single on g e area we have given them to focus. • Firms would have to workwith the Arizona delegation—at g at least one member to champion a request and this type of arrangement might work best g if the lobbyists are personally known by our federal delegation and staff, although not g always the case, especially if we have already established a working relationship with the office. 3. Full-time, full-service contract (a one-year contract with renewal options through five years): Advantages: • This is the more typical type of federalovernment relations s contract with an array of experienced firms to choose among. • We can draft an all-purpose scope of work that lists identified projects but also accounts for other needs as project.p they arise, such as an unexpected • It often generates a long-term relationship where the working styles of Members Congress and needs of the client are used to our advantage over g e the long haul. • Some of the lesser but time consuming practices and `administriv� ' ia, such as setting up congressional office appointments or arranging delegation member g dinners in Washington, are handled by them. With the familiarityof the Washington ashington area, quick turnaround times and distance from Washington, their abilityto undertake make these duties is greatly appreciated and value is added. Disadvantages: • We may not get the financial yield expected despite paying a fee which can range from $84,000 – 150,000 annually . Arizona's congressional delegation gation is known to be a challenge when it comes to bringing back taxpayers' dollars to our state.ate. For example, in transportation funding, we are known as a "donor" state. Weget back approximately o pp ximately 95 /o of every dollar in federal tax money sent to Washington bytaxpayers.our One of our US Senators does not support earmarks of anykind in the rare except p instance a local project would be known to have "national significance" as g (such in protecting an air base flight zone to prevent encroachment and thereforeotential closure).e). We also only have one appropriator within the delegation, Congressman Pastor, who ho actually sits on an Appropriations subcommittee which decides anduides the earmark k process, winnowing out or reducing requests from all the Members of Congress. TOWN OF ORO VALLEY Page 5 of 5 (' MEETING DATE: 12/03/08 �OUNCIL COMMUNICATION • When the money doesn't flow out of Congress, a lobbying firm may try to position themselves as being indispensable, highlighting the other ancillary services they offer. This may resulting in losing sight of the primary service they were hired for —bringing home the funding — and reporting the `activities' we can do ourselves (like setting up scheduled visits to Members' offices) and have the in-house know-how to carry out. If the dollars aren't forthcoming, they may well resort to reporting these as key activities to fulfilling their contract to ensure they look good to the client. • As a small town, we may not get the top-level experience of principals in a firm. Larger, more experienced firms work with clients of all shapes and sizes. It is easier for them to represent large cities and relegate less experienced partners to small cities & towns. We may get feedback that a small town like Oro Valley shouldn't expect the big dollars returns as we are a small constituency to a congressman. FISCAL IMPACT: Council budgeted a $60,000 line-item for a federal relations professional services contract. Additional staff and elected official time and resources would be devoted to the effort to coordinate with any professional services contractor working on securing federal funding for any identified project. ATTACHMENTS: — Annual Legislative Calendar . ,,i-2 -- State Legislative Process #3 -- Federal Appropriations Process summary SUGGESTED MOTIONS: The Town Council may wish to consider one of the following motions: I move to direct Town staff to seek federal funding for (designated project(s) OR I move to direct Town staff to seek federal funding and secure a federal government relations firm to assist in seeking federal funding for (designated projects(s). erene Watson, Assistant Town Manager Ce4441 David Andrews, Town Manager ANNUAL LEGISLATIVE CALENDAR Town of Oro Valley, AZ January • State Legislative Session begins It is always set to begin the first Mondayafter the first rst Tuesday and target is a 100-day legislature, hopefully endingin April. The p past several years the Session has extended into June. • (FUTURE OPTION) Town's State/Federal Legislative g ve Agendas presented to Council February • President's Budget goes to Congress • Congressional Offices review of requests from constituent cities and towns for q n in their requests during the budget cycle to be g y ready for the primary federal appropriations process in March. March • Federal Appropriations Processes officially begins in sin Congress • National League of Cities, Congress of Cities — Washington, D.C. This typically begins the second week of March and is designed for or municipal officials to convene in Washington annually to speak about cities' legislative agendas,g g s, both collectively and individually by municipality. Elected officials have 2 days of General eneral Sessions where they hear from national leaders from Congress or the Administration and well-known national individuals. Small break-out sessions on issues media s es of importance to local governments are offered. The final "event" for Arizona, scheduled bythe AZ League g e of Cities staff, is a breakfast meeting with our two US Senators and Arizona local officials.c als. We can use this trip to schedule appointments with our congressional delegation to lobbyfor 9 specific needs either before, during and/or after the conference. It is typically more effective to go just ahead of the conference and meet on a Thursday when the Members of Congress s are still on the Hill — often they fly to their home districts on Friday and don't return until Tuesday. Y May/June • Federal Appropriations/Earmarks released inublic p documents May — August • AZ League of Cities resolutions process begins o During the spring & summer, a call goes out to cities via their Mayors & Intergovernmental ProgramsY Managers, and directors in those cities who have them, askingfor potential resolutions that cities would like to see supported in the legislative process. Often these resolutions are precursors to actual legislation that gets drafted. o A process is used to facilitate the various interests, and it culminates at the annual League of Arizona Cities & Towns conference o Resolutions now require at least 2 cities to participate; currentlythe deadline adline for submission of resolutions falls between mid-June and mid-July, but this can change from year to year. ATTACHMENT #1 FIT. May '08 Revised Dec. '08 AuqusUSeptember • Congressional Appropriation Conference Committees meet to negotiate final dollar amounts of federal appropriations 41, • AZ League of Cities Annual Conference This occurs between the last week of August and early October. Resolutions are voted upon by the full membership, and these are what guide the lobbying by League staff for the next Legislative Session. If an issue is not included and approved by the League, it is not something which the League can actively lobby upon. • (FUTURE OPTION) If we have a contract lobbyist for Federal issues, this would be a time for Departmental Staff to meet with a Federal lobbyist to brainstorm and strategize for next round of Appropriations October/November • Federal Fiscal Year Begins - this used to signal when Appropriations (funding) had to be completed but patterns in Congress have changed over the past decade and sometimes these bills do not get completed until close to the end of the year, or even into the following January/February. • AZ League of Cities - Executive Committee meets - Final approval of issues to be lobbied is given by the League's Executive Committee (Mayor Loomis is on the Executive Committee) • (FUTURE) Call to Town electeds and staff for issues that need to be monitored or put forward at the State Legislature or for Federal appropriations • (FUTURE) Work would begin on formulating the issues the Town will monitor and/or lobby at the State Legislature. Town Staff would continue to work on Federal legislative agenda — presentation to Council may occur by contract firm. • (FUTURE) RFP out for federal and/or state lobbying assistance. tor December • Legislative Reception - held for newly elected state and federal officials to get acquainted ahead of the rush of January work in their respective legislative bodies. • Federal Lobbyist Option - Ideally a Washington, DC-based firm would be on contract by this point in time if we are pursuing an earmark or other federal assistance by a professional services contractor. 4110P Eff. May '08 Revised Dec. '08 PLLE Y q Y.\_i• r._«l.. y(tea- ',✓r•. Memorandum To: Mayor and Council and Councilmembers-elect From: Jerene Watson, Assistant Town Manager Through: David Andrews, Town Manager CC: Department Directors and Administrators, TorySchlievert, Management Assistant Date: May 28, 2008 Re: Oro Valley's Legislative Process - Participation in the Leagueof p g Arizona Cities & Towns Purpose In light of our new Town Councilmembers beingsworn into office in this June, this memo provides a brief overview of the legislative process and timeline the Town is involved in every year, primarily focused on the League of Arizona Cities & TownsLea League) (the g e) Resolutions process and lobbying efforts. Summary Beginning in the spring each year, cities and towns across the state are engaged by the League and called to consider or submit Resolutions for consideration by all cities and towns as the precursor to potential bills run during the upcoming legislative p g g session, beginning in January the following year. These Resolutions also serve as a foundation in developing the key areas of mutual interest and an annual Municipal Policy y Statement includes that the core principles of (1) protectingstate shared revenues . and (2) maintaining local control. The MPS communicates to the Arizona State Legislature and other elected officials the important issues we face in servingour citizens that may . need legislative solutions. During the League's annual conference in late summer or early a y fall, Resolutions are voted upon by the membership and later ratified bythe League Executive g Committee at a business meeting in late fall in order toive direction to the League g g e staff on the issues to be lobbyied at the Legislature. The League was founded primarily to provide leadership in representing the common interests of all our members at the Legislature. It acts as a lobbying arm of local jurisdictions collectivelysince cities many cues and towns are not able to have full-time staff devoted to representing their interests each year before legislators or the Governor. ATTACHMENT #2 History The Arizona League was founded in 1937 with the primary mission of promoting home rule and local determination, creating a unified voice in defending the belief that local decisions are best made bylocal decision makers and not by officials at some other level ofg overnment. Before that time, historically the Arizona Legislature had not consistently g recognized the rights of local officials to maintain local control and decisions about their communities. The formation of the League was the beginning of a focused effort to gain city and town access to the State legislative process and work towards common legislative goals and outcomes. The League has worked to offer vital services and tools g to all its members, focusing principally on representing interests of cities and towns before the Legislature. In 2006, the League Executive Committee adopted its Strategic Plan whichg uides the legislative mission through goals and objectives (Attachment 1). The League Executive Committee is comprised of mayors, or occasionally city/town- designated nated Councilmembers, from 25 out of the 90 dues-paying, cities and towns of Arizona. They meet every other month of the year and serve 2-year terms. Members and officers are approved by all League members through a Nominating Committee process and voted upon at the League's annual conference this year August 19-22 at Camelback Inn in Paradise Valley. Thisovernin body discusses and guides the agenda for the League's legislative g g initiatives and lobbying efforts through use of the legislative Resolutions process, discusses and approves annual conference themes and locations, the budget, special lap pp projects, League training programs and educational events. Mayor Loomis serves on the � g Executive Committee and represents the Town of Oro Valley at the League. Discussion: Legislative Resolutions Process The timeline for the Resolutions process typically begins in April (Attachment 2) when letters are sent to all Arizona city and town Mayors, appointing them to serve on the Resolutions Committee, following the prescribed procedures (Attachment 3). They have until the end of May to accept or designate a Council representative to serve. towns for Resolution submissions is A call to cities and opened in the middle of May, with the deadline set in mid-June (June 16 this year) for submissions to the League office. During this time, a designated staff member (often an Intergovernmental liaison [IG]and/or a City/TownManager,Mana er, Assistant or Deputy City Manager) is responsible for coordinating city/town cit /town internal process. They work with Department Directors and the Mayor or elected officials on either staff-driven Resolutions when there is a need, or Y 411, requests from other cities or towns to "sign on" as a co-sponsor to a Resolution. Each Resolution must be presented in the proper format (Attachment 4) have at least two co- sponsors before it will be forwarded by League staff to the Resolutions Subcommittee for initial review. In recentY ears, the emphasis has been shifted to focus on fewer Resolutions which broadly applicable licable and advance municipal goals across a range of cities and towns rather than having a large number of Resolutions moving forward. The 2 change is to ensure a clear message of key legislative islative needs for a stronger voice at the Legislature. June is the month when Resolution submissionsr a e completed by the deadline and a Resolutions among Subcommittee is appointed fromthe Mayors.yo s. The work of this subcommittee occurs in July. League staff then begins preparation of g p p Resolution packets for members and designated staff. In July, Resolution Committee members and designated staff receive g eve their Resolution packets, typically the end of the first week. The Resolutions Subcommittee is scheduled to meet during this month to initially review the submissions, make minor editing changes for clarity, and prepare recommendations byprescribed categories in g a report to the full Resolutions Committee presented at the League annual conference. The he subcommittee date this year has been set for July 22 and our g Mayor has agreed to serve. Y Early August, League staff sends a summarymemo to all Resolutions ons Committee members and designated staff. The first meeting of the Resolutions Committee will be held on the afternoon of the opening day of the League annual conference.ce. This year it is set for Tuesday, August 19, with the final meeting of the Resolutions Committee held on Thursday, August 21, at the annual business meetingof the League g members. Discussion: Internal Town Resolutions Process Oro Valley has used a common practice found among many cities and towns of staff and the Mayor coordinating the Town's position of support or opposition on pp pp the Resolutions considered by the members of the League. As the Town representative p at the League, discussions between the Mayor and staff focused onast support p pp rt of like or new Resolutions which further our Town's strategic plan, policies and operational needs. Currently we have two 2009 Resolutions submissions we have been asked to support by other cities or towns: 1) The City of Sierra Vista has requested support of a Resolution which h requests the implement and Legislature to the 2006 recommendations from the Governor's Emergency Medical Services Access Task Force to address h . the shortage of physicians in the state. The recommendations included expanding the g level of graduate medical education funding and medical school capacity at state universities, p y e shies, addressing issues affecting the attraction and retention of physicians from outof . p Y state, and reducing obstacles to medical practice in Arizona, among others. 2) The City of Flagstaff has asked us to support a Resolution which requests the q state to implement the extension of renewable energy credits and encourage the Federalg overnment to also extend the credits policy which exist at the national level. This encourages the creation of sustainable building programs and concepts within cities and towns to be more energy and water efficient, reducing greenhouse emissions. 3 Both of these resolutions promote quality of life enhancements and are recommended for support by staff. The Town may choose to co-sponsor at this time to promote lw advancement of the Resolution or may wait to support through an affirmative vote if the Resolution makes it to the annual conference Resolutions Committee meeting for full debate. Last year the Town Council was provided a spreadsheet of all Resolutions and staff comments in August before the annual conference so that all Councilmembers were aware of the rationale and historical perspective for the recommended positions on each Resolution being considered by the League members. Conclusion The state legislative process is only one aspect of a city or town's legislative agenda. Attachment 5 is an annual legislative calendar which presents the full spectrum of opportunities we may pursue to ensure our residents are benefiting from tax dollars directed by state and federal elected officials. Interest has been expressed over the past year by some members of the Council in researching the value of having a dedicated staff member (Intergovernmental Liaison-IG). The calendar was developed to inform and provide a snapshot of the context in which an IG would work to lobby on behalf of the Town at the state and federal levels. 1 lir err 4 THE FERGUSON GROUPLLC ecticut Avenue,NW Suite 300 Washington,D.C.20036 202.331.8500 202.331.1598 fax SUMMARY OF THE FEDERAL, APPROPRIATIONS PROCESS Funding for the federal government isrovided P by annual appropriations bills that are supposed to be enacted into law before October beginningPP d 1, the of the federal fiscalear. appropriations bills are written bytheHouseY The and Senate Appropriations Committees, which are each divided into subcommittees, each of wluch . has jurisdiction over one of appropriations ro s bills. The Appropriations Committees are dividedPP P into 13 subcommittees. The subcommittees do most of the work on the appropriations bills Pro rP , and influencing the content of an a iatio measure is done most effectively at the subcommitteePPro rP ns level. HEARINGS The appropriations process on Capitol p Hill beginswith the receipt of the President's request during the first week of Febru budget ary. The House and Senate appropriations subcommittees then hold a series hearings on their respective p portions of the budget request. The hearings typically begin in mid/late Februarywith testimonyagencies, g from the federal and theycontinue until mid/late March or April with at least one session devoted to testimony from Members of Congress and the public ("outside witnesses"). Ned "EARIVIARK" REQUESTS AND DEADLINES Each appropriations subcommittee has its own system for accepting funding re nests ("earmarks") from individual Members of Congress, q but in general the subcommittees set deadlines for these "Member requests,"" - • q which, generally, must be in writing. Usually, deadline is near the end of the hearingmid/late the process in mid/late March or April. Most Members of Congress, in turn, set their own deadlines for receiving appropriations requests from constituents, local agencies and interest groups. q These congressional office deadlines are usually one to three weeks in advance of the Member request deadlines set by the appropriations subcommittees. Some Members require that funding • a q requests be presented them in to specific format. very SUBCOMMITTEE MARKUP After holding hearings, the subcommittees, begin drafting the appropriations bills. This work is done by the subcommittee staff under the direction of the Chairman and senior ("ranking")a "markup," Member of the minority party. The effort culminates in a subcommittee "mark " session, at which a draft bill and draft committeeuP� or voting report are debated, amended and adopted by the subcommittee. This is a criticalpoint in the - draft process because items that are included in the bill and report considered during subcommittee markup have the best chance of success. .4410 ATTACHMENT #3 www.fergusongroup,us COMMITTEE REPORTS A few words about appropriations bills and the committee reports that accompany them: Appropriations bills generally make large, lump-sum allocations of funding that carry the force iitair if law. Committee reports explain in detail how the Appropriations Committees want that funding spent. Earmarks are made in committee reports. Policy directives ("report language") also are contained in committee reports. Although reports don't have the force of law, agencies rarely deviate from the instructions they contain. Subcommittee markups generally occur in April, May and June, although they can take place as late as the autumn. Timing is determined by a number of factors, including the amount of controversy surrounding items in the bill. One frequent determinate is when "subcommittee allocations" are made. Each year, Congress is supposed to approve a "Budget Resolution" that sets overall spending levels for the various functions of government. Based on that resolution, the House and Senate Appropriations Committees assign spending limits to each of their subcommittees. These subcommittee allocations are usually made in April, but often the Budget Resolution becomes bogged down in partisan battles. In this case, the full Appropriations Committees make their own determinations about overall spending and assign subcommittee allocations without waiting for passage of the Budget Resolution. FULL COMMITTEE MARKUP Once a subcommittee marks up a draft appropriations bill it goes to the full House or Senate Appropriations Committee, where it's amended again. Items not included in the bill or report by the subcommittee can be added at full committee. When the full Appropriations Committee approves ("reports") a draft appropriations bill, it is formally introduced and given a number. (Only appropriations bills are introduced after the hearing and markup process. All other legislation must be introduced before it can be heard and amended.) Up until a bill reaches the full committee markup stage, the House and Senate subcommittees work in a separate but parallel process in which subcommittees on both sides of the Hill hold hearings, write committee reports and markup draft bills. But once the full Senate Appropriations Committee has reported a draft bill, action on that particular bill stops in the Senate because by tradition, appropriations bills are voted on by the House first. That's why appropriations bills all have House numbers (H.R. 1234, for example) FLOOR ACTION When an appropriations bill reaches the House floor, it can be amended again before being passed and sent to the Senate. (The House acts only on the bill, not the committee report.) The Senate takes up the House-passed version, strikes out the House provisions and substitutes the version approved by the Senate Appropriations Committee (plus any amendments made on the Senate floor) and passes the bill. kir WWW.fergusongrou p.us CONFERENCE COMMITTEE At this point, a "conference committee" is assigned to reconcile the different House and Senate versions of an appropriations bill. The conference committee is composed of members of the House and Senate subcommittees with jurisdiction over the bill. These "conferees" draft a ,4110 compromise bill ("conference report") that is sent to each house for an up-or-down vote. No amendments are allowed. A conference report is the final version of an appropriations bill that is sent to the President to be signed into law. It's accompanied by a "joint explanatory statement of the managers" that, like a committee report, does not have the force of law but includes spending instructions and policy statements. The statement of the managers (the conferees) usually incorporates by reference the House and Senate committee reports for the bill, including any earmarks contained in either the House or Senate committee reports. CONTINUING RESOLUTIONS In practice, the appropriations process usually grinds on past Oct. 1, the beginning of the new fiscal year. When that happens, Congress enacts a temporary appropriations bill called a "continuing resolution" or "CR," which is invariably described by the media as a "stop-gap funding measure." Continuing resolutions can be for one agency or several, and they can last a day or several weeks. They are intended to provide funding for the government while Congress completes work on the regular appropriations bills. During an election year, the appropriations process is somewhat faster because Congress usually adjourns in October. During non-election years, the process can continue in to December, provided Congress and the President agree to keep passing continuing resolutions. J www.fergusongroup.us