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HomeMy WebLinkAboutPackets - Council Packets (783) AGENDA ORO VALLEY TOWN COUNCIL REGULAR SESSION JUNE 4, 2008 ORO VALLEY COUNCIL CHAMBERS 11000 N. LA CANADA DRIVE REGULAR SESSION AT OR AFTER 7:00 PM CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE 1. APPROVAL OF RESOLUTION NO. (R)08-41 CANVASSING THE VOTE OF THE RESULTS OF THE MAY 20, 2008 GENERAL ELECTION Presentation of Plaque of Appreciation to Council Member Terry Parish for his service on the Oro Valley Town Council from June 2, 2004 to June 4, 2008 SWEARING IN CEREMONY OF NEW COUNCIL MEMBERS UPCOMING MEETING ANNOUNCEMENTS — TOWN MANAGER COUNCIL REPORTS DEPARTMENT REPORTS TOWN MANAGER'S REPORT The Mayor and Council may consider and/or take action on the items listed below: ORDER OF BUSINESS: MAYOR WILL REVIEW THE ORDER OF THE MEETING CALL TO AUDIENCE — At this time, any member of the public is allowed to address the Mayor and Town Council on any issue not listed on today's agenda. Pursuant to the Arizona Open Meeting Law, individual Council Members may ask Town Staff to review the matter, ask that the matter be placed on a future agenda, or respond to criticism made by speakers. However, the Mayor and Council may not discuss or take legal action on matters raised during "Call to Audience." In order to speak during "Call to Audience" please specify what you wish to discuss when completing the blue speaker card. Presentations: Presentation of Plaque of Appreciation to Honey Pivirotto for her service on the Planning & Zoning Commission from July 2005 to June 2008 06/04/08 Agenda, Council Regular Session 2 Presentation of Proclamation declaring June 4, 2008 as "Wills for Heroes Day" to honor the Wills for Heroes Program and its many volunteers for their commitment and service to the first responders in Arizona 2. CONSENT AGENDA (Consideration and/or possible action) A. Minutes —4/09/08, 5/03/08, 5/07/08, 5/12/08 B. Building Safety Activity Report - April 2008 C. Police Report - April 2008 D. Resolution No. (R)08-42 Authorizing and Approving a Purchase Agreement between Overland Vistoso Limited Partnership, LLP, an Arizona limited partnership and the Town of Oro Valley for land acquisition in the amount of $702,663.00 for 1.6 acres located at Rancho Vistoso Neighborhood 2 Parcel B, utilizing Regional Transportation Authority (RTA) Funds for a Park and Ride Facility within the Town of Oro Valley, identified in the Regional Transportation Plan ("the Plan"). E. Resolution No. (R)08-43 Approving the High Intensity Drug Trafficking Area (HIDTA) Grant agreement between the Arizona Criminal Justice Commission (ACJC) and the Town of Oro Valley allowing for one (1) Officer to be assigned to the Pima County HIDTA Investigative Task Force (PCHITF) F. Resolution No. (R)08-44 Approving the High Intensity Drug Trafficking Area (HIDTA) Grant agreement between the Arizona Criminal Justice Commission (ACJC) and the Town of Oro Valley allowing for two (2) Officers to be assigned to the Pima County/Tucson Metropolitan Counter Narcotics Alliance (CNA) G. Approval of the employee benefits recommendations provided by the Human Resources Office for the 2008-2009 Benefits Play Year 3. PUBLIC HEARING - CONSIDERATION AND POSSIBLE APPROVAL OF AN APPLICATION FOR A SERIES 12 (RESTAURANT) LIQUOR LICENSE FOR SOL MEXICAN GRILL (dba SOL CHIMIS &CERVEZA) TO BE LOCATED AT 11901 N. FIRST AVENUE 4. PUBLIC HEARING - ORDINANCE NO. (0)08-10 ADOPTING CHAPTER 13, THE TOWN OF ORO VALLEY DEVELOPMENT FEE CODE Explanation: The proposed changes to Chapter 13 of the Oro Valley Town Code were made a public record on May 7, 2008. 06/04/08 Agenda, Council Regular Session 3 5. PUBLIC HEARING - ORDINANCE NO. (0)08-11 AMENDING CHAPTER 27, GENERAL DEVELOPMENT STANDARDS, SECTION 27.3, PUBLIC ART PROVISIONS, TO CLARIFY THE MAINTENANCE REQUIREMENTS FOR PUBLIC ART 6. CONSIDERATION AND/OR POSSIBLE ACTION REGARDING EXTENDING TERM OF PLANNING AND ZONING COMMISSION MEMBER DOUGLAS MCKEE TO JANUARY 1, 2009 7. DISCUSSION AND/OR POSSIBLE ACTION REGARDING PROPOSED STATE BALLOT INITIATIVE AND ARROYO GRANDE PLANNING AREA 8. FUTURE AGENDA ITEMS (The Council may bring forth general topics for future meeting agendas. Council may not discuss, deliberate or take any action on the topics presented pursuant to ARS 38-431.02H) CALL TO AUDIENCE — At this time, any member of the public is allowed to address the Mayor and Town Council on any issue not listed on today's agenda. Pursuant to the Arizona Open Meeting Law, individual Council Members may ask Town Staff to review the matter, ask that the matter be placed on a future agenda, or respond to criticism made by speakers. However, the Mayor and Council may not discuss or take legal action on matters raised during "Call to Audience." In order to speak during "Call to Audience" please specify what you wish to discuss when completing the blue speaker card. ADJOURNMENT POSTED: 05/23/08 4:00 p.m. cp Whenp ossible, a packet of agenda materials as listed above is available for public inspection at least 24 hours prior to the Council meeting in the office of the Town Clerk between the hours of 8:00 a.m. — 5:00p.m. The Town of Oro Valley complies with the Americans with Disabilities Act (ADA). If any person with a disability needs any type of accommodation, please notify the Town Clerk's Office at least five days prior to the Council meeting at 229- 4700. 06/04/08 Agenda, Council Regular Session 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 g 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 p a complete speaker card located on the Agenda table at the back of the room p 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 p "Call to Audience", please specify what you wish to discuss when completing the blue speaker card. Please stepforward 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 onlyon the issue currently being discussed by Council. Please p 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. Anymember of the public speaking must speak in a courteous and respectful manner to those present. Thank you for your cooperation. TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: June 4, 2008 TO: HONORABLE MAYOR & COUNCIL FROM: Kathryn Cuvelier, Town Clerk SUBJECT: Resolution No. (R)08-41 — Canvass of the Votes — Declaring and adopting the results of the General Election held on May 20, 2008 SUMMARY: The attached resolution declares and adopts the results of the General Election held on May 20, 2008. Attached is the official canvass prepared by Pima County Elections dated May 23, 2008. Total number of valid ballots cast at said general election, was 9,044 (34.5%). Barry Gillaspie 5682 (62.97%) Terry Parish 3 342 (37.03%) The following candidate received the highest number of votes, and is hereby elected to the Office of Council Member effective June 4, 2008 June 6, 2012: Barry Gillaspie When reviewing the Statement of Votes Cast please refer to the following Ballot Order: Voting Area Precincts 09-01 341, 384, 385 09-02 200, 359, 3 60 09-03 310, 381, 386, 406 09-04 361, 370, 373, 387, 402 09-05 012, 187, 346, 365 09-06 013, 029, 266, 280 SUGGESTED MOTION: I move to approve Resolution No. (R)08-41. ATTACHMENTS: 1. Resolution No. (R)08-41 2. Official Canvass prepared by Pima County Elections dated May 23, 2008 / y % Kat ' n E. Cuvelier, Town Clerk vid Andrews, Town Manager .a RESOLUTION NO. (R)08-41 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, DECLARING AND ADOPTING THE RESULTS OF THE 'id GENERAL ELECTION HELD ON MAY 20, 2006, AND DECLARING AN EMERGENCY. WHEREAS, the own of Oro Valley, Pima County, Ar' ona did hold a general election on the 20th day of Ma 008, for the election of one cou cil member for four year terms, and the election -turns have been resen ed to and have been canvassed by the WHEREAS, p Town Council, NOW THEREFORE, BE IT RE I LVED by e Mayor and Council of the Town of Oro Valley, Pima County, Arizona, as • lows: , SECTION 1. That the total number of v. ic ballots cast at said general election, was 9044 (34.5%). SECTION 2. That it is herebyfo nd, de.ermined and declared of record that the win candidate received the high-st numbe of votes and is hereby elected to the Office following g of Council Member effective June 4, 008 —June .012: Barry Gillaspie .14010 necessary WHEREAS, it beingfor the preservation of the •ublic peace and welfare, IT IS Y FURTHER RESOLVED BY THE MAYOR AND TOW COUNCIL that an emergency exists because this resolution seals with time-sensitive electio' matters, therefore, this resolution shall be in full fo, e and effect immediately upon its adoption. PASSED AND ADOPTE A bythe Mayor and Council of the To of Oro Valley, Arizona this 4th day of June, 200:, by a rate of ayes, nays a d abstentions. Paul H. Loomis, Mayor ATTEST: APPROVED AS TO FORM: Kathryn E. Cuvelier, Town Clerk Tobin Rosen, Town Attorney RESOLUTION NO. (R)08-41 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, DECLARING AND ADOPTING THE RESULTS OF THE GENERAL ELECTION HELD ON MAY 20, 2008, AND DECLARING AN EMERGENCY. WHEREAS, the Town of Oro Valley, Pima County, Arizona did hold a general election on the 20th dayMay of 2008, for the election of one council member for a four year term, and WHEREAS, the election returns have been presented to and have been canvassed by the Town Council, NOW THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Oro Valley, Pima County, Arizona, as follows: SECTION 1. That the total number of valid ballots cast at said general election, was 9044 (34.5%). SECTION 2. That it is herebyfound, determined and declared of record that the ate received the highest number of votes and is hereby elected to the Office following candidate of Council Member effective June 4, 2008 —June 2012: Barry Gillaspie preservation it being necessaryfor the of the public peace and welfare, IT IS FURTHER RESOLVED BY THE MAYOR AND TOWN COUNCIL that an emergency exists because this resolution deals with time-sensitive election matters, therefore, this resolution shall be in full force and effect immediately upon its adoption. PASSED AND ADOPTED Mayor bythe Ma or and Council of the Town of Oro Valley, Arizona this 4th day of June, 2008, by a vote of ayes, nays and abstentions. Paul H. Loomis, Mayor ATTEST: APPROVED AS TO FORM: Kathryn E. Cuvelier, Town Clerk Tobin Rosen, Town Attorney - ; /I /,,r8A-- ;!_?--2,3_,,iiii-IN\ tqa.,„ i \oel �F4, 0, 0 4 ,l, Y� \IRtZP,/ PIMA C IJUNTY sifilFiric-- / IfJ JIAILA\ VA, n / n / low CAN „olitS S TOVN OF ORO VALLEY __L _L , QENE ! _ikli ELECT/ tN MAY 2 itt 2 t iti8 PIMA COUNTY DIVISION OF ELECTIONS 3434 E. 22ND STREET TUCSON, AZ g5713 VI, T£L. 520-35t-6830 `o' 1 t ;;C..-- of/ moo, (co , ,,t4.7,!!f114,. / \Ili'il- IOW DIVISION OF ELECTIONS PIMA COUNTY GOVERNMENT 3434 E. 22ND STREET, TUCSON, AZ 85713 (520) 351-6830 FAX (520) 351-6870 May 23, 2008 In accordance with Arizona Revised Statutes, Titlel6, I hereby certify the enclosed tabulation is a full, true and correct copy of the Returns of the General Election held pursuant to Arizona Constitution and Arizona Revised Statutes Title 9 and 16 in and for The Town of Oro Valley, Pima County, Arizona on May 20, 2008. This tabulation includes all mail ballots. Respectfully submitted, ------ .1.zia„77--- ...._ 1\4,04.4xv\,. Brad R. Nelson, Director Pima County Elections CANVASS INFORMATION TOWN OF ORO VALLEY GENERAL ELECTION MAY 20, 2008 MAIL BALLOTS PROCESSED 9044 Ballots Processed and Counted 1 Ballot Rejected . .. lb • C.) pio P.I.II 4.1 41.0 0.4 Es".4 64 C eir'N ,....., tii., .......4 Cis) ....it ausZ 4---- ••••.i ›--• ,...,. . P. V ON .... ow. Ca) MIMI 41,4 lilt VI CC ›. 1.1J Ell sr"; 7: ... 0 r C.) • ....... WO 4./ Q to) -4.) 4-' to •I.* .... Z 5) r....„, ow :... P.: CZ: -.4 .4.0 ...."; .... .7.0. ....., = let raw ••• CI; ow e••• •mot No. -, ,..... ,..., .•.i. >4 ti.j 0 et, tij fig W:s •.1.11 rd) •0•11. Cr) •••••0 cii, (.....) th.0 .0.4 I) VI tj r.t4 1... tr 11.4 0, PIP. *sid own. ca.,71 Gll .4 XI 1* .4 ,iiiima 0.4 ii. " te E zr .. — ft) i.T., Li) tid ....0 ile' t R •.... tsa -.4.4 MO 4.0 PPM E.-. ..., 1.1.1 P.. .4.. ...:...- Z = -4... 0 ....4 ,..., a ..c. ,..)r Z 40 0 .z" C.) .... •P.M absClese,,, 0 0..4 Ist ..,.... #44.:. 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Reporting 6 100.00% TOWN OF ORO VALLEY COUNCIL All Mail Number of Precincts 6 Precincts Reporting 6 100.0 Vote For 1 Times Counted 9044/26230 34.5 % Total Votes 9024 Times Blank Voted 15 Times Over Voted 5 Number Of Under Votes 0 GILLASPIE,BARRY 5682 62.97% PARISH,TERRY 3342 37.03% o Y+�"a'a Y:).'p'" z3r4� �✓,)'.. k i ..Hp T .x .:,:...tea?fK��s%,c" �xWx..xx .c,nor:a.�:��1��3`���idcws�e��l�'�°;F� A S „K mffimiN itf vol[we CA S T AO) 1 Statement of Votes Cast Date:05/23/08 Time:11:50:35 052008-Pima Consolidated Page:1 of 1 SOVC For Jurisdiction Wide, All Counters, All Races 'god TURN OUT TOWN OF ORO VALLEY COUNCIL g 0 > IV -o Q >- co Ccn C w W F- U U > co 8 O Q ° z C7 aa.. V N F� P. F- Jurisdiction Wide 09-01 2304 2304 2296 4 4 0 1533 763 09-02 1641 1641 1639 2 0 0 953 686 09-03 1688 1688 1687 1 0 0 1125 562 09-04 1507 1507 1504 3 0 0 847 657 09-05 1199 1199 1193 5 1 0 766 427 09-06 705, 705 705 0 0 0 458 247 Total 9044 9044 9024 15 5 0 5682 3342 DRAFT MINUTES ORO VALLEY TOWN COUNCIL STUDY/SPECIAL SESSION APRIL 9, 2008 ORO VALLEY COUNCIL CHAMBERS 11000 N. LA CANADA DRIVE CALL TO ORDER ROLL CALL PRESENT: Paul Loomis, Mayor Al Kunisch, Vice Mayor Paula Abbott, Council Member K.C. Carter, Council Member Helen Dankwerth, Council Member Barry Gillaspie, Council Member Terry Parish, Council Member 1. DISCUSSION REGARDING THE RECOMMENDATION TO UPDATE THE COMPENSATION AND CLASSIFICATION POLICIES AND PROCEDURES Human Resources Director Sandra Abbey reviewed the recommended wording changes to the Compensation and Classification Policies and Procedures. Ms. Abbey then highlighted the following: - Compensation Administrative Procedure - Establishes Town's compensation philosophy to provide externally competitive and internally equitable compensation for all employees. - Defines compensation terminology. - Provides standardized written procedures for making compensation decisions. - Provides management guidelines for completing approved employee status changes. - Details procedures for posting and selection of competitive promotional opportunities, including career path progression within designated job families. - Outlines written steps for making special or interim assignments. - Classification Administrative Procedure - Structured, consistent, quantitative techniques for evaluating and classifying jobs. - Market salary data determines salary range within classification (external competitive positioning). - Clearly outlines specific approval responsibilities of the Council, Town Manager, Human Resources and Department Directors for implementing the system. - Provides written direction for classifying existing jobs under the new system. 04/09/08 Town Council, Study/Special Session 2 - Includes good faith steps to maintain employee salaries during the transition from the current market-only classification structure to the new internal equity and market position classification bands system. Ms. Abbey provided a summary of actions to be taken as follows: - Bring updated policies to Council for adoption by Resolution. - Finalize and implement Administrative Directives upon approval of Town Manager. - Begin participative process with employees and supervisors to evaluate jobs and create job families applying internal and external classification factors (before July 1, 2009). In response to questions from Council, Ms. Abbey explained that: - The recommended changes were presented to an Employee Focus Group (all employees were invited) in November 2007 and also to the Town's employee ABOVE group. - Once the Administrative Directives are in place, there will be more employee participation. - Special Assignments are currently only used at the Police Department (i.e. multi-jurisdictional assignments, undesirable assignments or dangerous situations, Special Events Coordinator, School Resource Officers). - Current system is not broken but there is a lack of documentation of procedures. These updates would put the procedures in writing and standardize the processes so that there is an understanding of how the procedures are implemented and so that they are not done on an arbitrary basis. - The Town Council reviews the pay and the classification of the positions during the Budget process. Discussion followed regarding: - Creating career ladders for each position rather than have the Town Manager classify/re-classify positions (addressed in Compensation Procedures Section IV). - Promotions are not automatic (would depend on the needs of the Department and the Town, employee must meet the minimum requirements of the new position and there must be a promotional opportunity available) - Clarify creation of new positions so that there is no ambiguity (creation of a new upper level positions should come to the Council for final approval). - Policy 12 (Compensation) Section 2 - Only remove last sentence of this section. - Market adjustments/annual adjustments are approved by the Council. - Compensation - Promotions within job family - employee's salary has to be at minimum of new pay range. - Classification Procedures - Studies would be requested by the individual Department Director if they feel a position should be reclassified. - Provide additional information regarding classification career ladders and paths. 04/09/08 Town Council, Study/Special Session 3 Create a communication plan so that more employees are aware of the recommended changes before the policy changes are presented to Council for final approval (information can be provided at the Oro Valley Public Library and on the Town's Intranet). 2. DISCUSSION REGARDING PROPOSED WATER RATES, FEES AND CHARGES Water Utility Director Philip Saletta reviewed the proposed water rate increases and highlighted the following: Financial Considerations: - Three funds - Enterprise Fund, Alternative Water Resources Development Impact Fee (AWRDIF) and Potable Water System Development Impact Fee (PWSDIF) funds. - Debt service coverage ratio of 1.30. - Cash reserves of 5% of Budget. - Minimize rate shock. - Existing cash reserves. - Capital Expenditures. - American Water Works Association rate setting principles and methodology. Financial Analysis: - Prepared Water Rates Analysis Report - Key assumptions: - Growth, reclaimed system, existing and future debt. - Tucson Water increase for reclaimed water. - CAP water delivery system and operating costs. - Phase-in Groundwater Preservation Fee over 5 years. - Levelize rate increases in future years. - Review by Red Oak Consulting. Discussion followed regarding the following: - Tiers 1 - 4 and average water consumption rates - Higher consumptive users (Proposed rate increase was applied across the board.) - Conservation measures. Need to take strong proactive measures. - Rate structure is geared towards conservation. The average customer has the opportunity to be in the lowest tier if they conserve. - Tucson Electric Power (TEP) rate increase filing and affect on Town's proposed rate increase. - Possibly create one more tier in the future and weight higher tiers more so that customers would be more apt to conserve. Create a structure that rewards conservation. - Groundwater Preservation Fee - provide information regarding GRF rate increases over the past 4-5 years. 04/09/08 Town Council, Study/Special Session 4 ADJOURNMENT MOTION: A motion was made by Council Member Parish and seconded by Vice Mayor Kunisch to adjourn the Study Session at 6:40 p.m. MOTION carried, 7-0. SPECIAL SESSION AT OR AFTER 5:30 PM CALL TO ORDER - 6:41 p.m. ROLL CALL PRESENT: Paul Loomis, Mayor Al Kunisch, Vice Mayor Paula Abbott, Council Member K.C. Carter, Council Member Helen Dankwerth, Council Member Barry Gillaspie, Council Member Terry Parish, Council Member EXECUTIVE SESSION AT OR AFTER 5:30 PM MOTION: A motion was made by Vice Mayor Kunisch and seconded by Council Member Parish to go into Executive Session at 6:42 p.m. for the following purpose: Pursuant to ARS 38-431.03(A)(5) discussion or consultation with designated representatives of the Public Safety Employee Group with the Oro Valley Police Department regarding salaries, salary schedules and Memorandum of Understanding (MOU) Agreement Mayor Loomis announced that in addition to the Town Council, the Town Manager, the Assistant Town Manager, the Town Attorney and the Deputy Town Clerk, Finance Director Stacey Lemos, Police Chief Danny Sharp, Human Resources Director Sandra Abbey and Commander Aaron Lesuer would also be present in the Executive Session. In response to a question from Council Member Parish regarding going into Executive Session, Town Attorney Tobin Rosen explained that Open Meeting Law provides for these types of situations for negotiations to be discussed in Executive Session at any stage of the proceeding. Town Manager David Andrews further explained that he requested this item as the Town Manager's recommended budget is in process. He stated that he was recommending a 1.5% annual adjustment with up to 4% merit raise due to budgetary constraints. He further explained that the Town has been in negotiations with the Public Safety Employee Group regarding salaries, etc. and 04/09/08 Town Council, Study/Special Session 5 they want 2.5% increase for an annual adjustment. He stated that the negotiation team has stated that they are at an impasse. MOTION carried, 4-3 with Council Member Dankwerth, Council Member Gillaspie, and Council Member Parish opposed. (Council Member Parish left the Executive Session at 7:20 p.m.) ADJOURNMENT MOTION: A motion was made by Council Member Carter and seconded by Vice Mayor Kunisch to adjourn the Executive Session at 7:37 p.m. MOTION carried, 6-0. MOTION: A motion was made by Council Member Dankwerth and seconded by Council Member Gillaspie to adjourn the Special Session at 7:38 p.m. MOTION carried, 6-0. Prepared by: Roxana Garrity, CMC Deputy Town Clerk I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Study/Special session of the Town of Oro Valley Council of Oro Valley, Arizona held on the 9th day of April 2008. I further certify that the meeting was duly called and held and that a quorum was present. Dated this day of , 2008. Kathryn E. Cuvelier, CMC Town Clerk MINUTES ORO VALLEY TOWN COUNCIL STUDY SESSION .44.4 May 3, 2008 ORO VALLEY COUNCIL CHAMBERS 11000 N. LA CANADA DRIVE PRESENT: Paul Loomis, Mayor Al Kunisch, Vice Mayor K.C. Carter, Council Member Helen Dankwerth, Council Member Barry Gillaspie, Council Member Terry Parish, Council Member EXCUSED: Paula Abbott, Council Member Welcome & Agenda Review - Mayor Loomis Mayor Loomis explained the logistics for the day. General Budget Overview - David Andrews Town Manager David Andrews gave an overview of the Town Manager's recommended budget for FY 2008/09. He stated that $3 Million has been cut from the departmental budgets due to the economic conditions. Total Budget: $201.0 million; an $82.2 million or 69% increase from the adopted FY 2007/08 Budget totaling $118.8 million. Salaries: 1.5% COLA Merit/Step Increases up to 4% Oro Valley FOP is requesting a 2.5% COLA. Three options for funding the 2.5% COLA include: An across-the-board 2.5% cut to all General Fund department operations and maintenance (O&M) Budgets. Smaller cuts would be necessary in the other Town funds (i.e. Highway, Transit, Stormwater, and Water Utility). -Reconsideration of the current earmarked allocation of Town bed tax revenues to redirect a portion of those revenues to the General Fund. --Consider renewal and extension of the utility sales tax (currently at 2%) that is slated to sunset on April 1, 2009. Employee Benefits: -15% increase in healthcare costs. 05/03/08 Minutes, Council Study Session 2 Current estimated annual health insurance premium is: $1,726,546. Retirement Contribution Rates: ASRS (.15%) Decrease CORP 6.6% Increase PSPRS 59% Increase Personnel Current Positions: 376.8 Recommended Positions: 5.0 TOTAL: 381.8 Recommended Positions: 1 - Court clerk 1 - Safety and Risk Manager 1 - Senior Planner 1 - Assistant Planning and Zoning Administrator .5 - Office Assistant, Planning and Zoning 1 - Meter Reader Supervisor (.5) - Planning and Zoning Intern Reclassifications: Ten recommended Market Adjustments: Three recommended Municipal Operations Center: $30.4 million total Water Rate Increase: Monthly Increase: Preferred - $2.99 Alternate - $2.17 Naranja Town Site $48 million dollars if the bond passes in November of 2008. Arroyo Grande Planning Area Outside Counsel $ 250,000 ESLO $ 175,000 Planner position $ 85,000 TOTAL $ 510,000 Reclaimed Water Phase II: The extension will add 1,000 acre feet of reclaimed water, bringing the total amount of reclaimed water to 2,500 acre feet. 05/03/08 Minutes, Council Study Session Steam Pump Ranch: $850,000 for capital improvements $64,000 in routine maintenance costs Community Funding Requests - process formalized this year. $429,000 recommended, subcommittee is recommending funding of $383,100. Finance Director Stacey Lemos reviewed the Economic Outlook for State of Arizona vs. Town of Oro Valley and reviewed the sales tax growth rates. She theng ave a revenue overview by source and by fund and an expenditure overview by source and by fund. Fund Balance: Total All Funds: July 1, 2008: $ 52,241,027 July 1, 2009: $ 44,016,427 Budget Policy: The 25% contingency reserve requirement has been met: General Fund Expenditures $31,474,412 Contingency Requirement 25% Required Contingency $ 7,868,603 The contingency reserve of $13,992,782 exceeds the contingency reserve requirement by $6,154,179. Fund Subsidies: The Public Transportation Fund revenues are insufficient to cover expenditures, therefore, a General Fund Transfer of $198,598 is included in the budget to subsidize operating expenditures and increased personnel costs due to compensation and benefit increases. Capital Improvement Projects for FY 2008/2009 = $111,562,000. Bond Ratings: Fitch March 2007 A + Standard & Poor's March 2007 AA- What's In the Budget: Town Manager David Andrews reviewed what projects are in the FY 08/09 • Budget: - CAP Delivery Master Planning - Reorganization of the Public Works Department - ESLO Funding 05/03/08 Minutes, Council Study Session 4 - History Inventory Funding - Matching Funds for a dog park - Funding for minor requests of outside agencies - Arroyo Grande Funding - Some Campus Signage - Volunteer Reception - Council/Management Retreats What's Out: Mr. Andrews reviewed what was taken out of the budget totalling $4.5 million dollars in requests: - Funding to replenish Capital Asset Replacement Fund - Valuation study for portion of Tucson Water System within Oro Valley - Police Department's Succession Planning - Management Studies - Expanding the Granicus System and attendance at the Granicus Users Conference - Online Building Permit application capability - Expanding citizen notification efforts for land use issues - Hybrid vehicles - Recreation Brochures - Takeover of Honey Bee Park Maintenance - Public Participation Program - Covered parking for council members - Actuarial study for employee benefits - Performance Management Training - Redesign of the council chambers - Shade structure for the swimming pool area - Bocce ball court - Inflatable band shell Questions/Discussion Mayor Loomis and members of the Council discussed personnel costs, salary adjustments, new positions, RTA funds, step plan/merit plan/COLA differences 1.5% recommended vs. 2.5% requested by Police FOP; sales tax rebates, Dog Park, estimated $1.1 million carry forward, capital items, operations and maintenance, insurance, and landscape maintenance. The following Department Heads reviewed their proposed budgets and the following issues were raised: Police Department - Danny Sharp Police Budget to maintain current service levels. Issues raised: - PD sub-station at Vestar Shopping Center. 05/03/08 Minutes, Council Study Session 5 Parks & Recreation - Ainsley Reeder - Parks & Recreation to maintain current service levels. - Decrease in operations and maintenance budget. Issues raised: - Sales of liquor in park - Revenues for user fees should be shown separately. - Cost of Aquatics program, revenue generated from the program, the number of users and the hours of operation of the pool. - Naranja Town site - accounting of costs to date. - Tucson/County policy for serving park constituents? - Total revenue collected from Parks & Recreation user fees along with a comparison of fees charged by Oro Valley, the City of Tucson and Pima County for Parks usage. - How much is available in Recreation in Lieu Fees, and list, in priority order, what items Parks wishes to purchase with this revenue. Action Item: show revenues for user fees as a separate line item. Mayor Loomis called a recess at 11:00 a.m. Meeting resumed at 11:10 a.m. Information Technology - Kevin Verville - Information Technology Budget will maintain current service levels. - No issues raised. Finance Department, General Administration, Municipal Debt Service Fund, Oracle Road Improvement District, Capital Asset Replacement Funds - Stacey Lemos Action Item: Show cost savings realized from the addition of the Procurement program in FY 07/08. 10. 12:00 - 12:15 PM LUNCH BREAK Economic Development - David Andrews - Economic Development Administrator position discussed. - Total cost for salary and benefits were requested. - Economic Development Specialist Amanda Jacobs will get the number of leads for businesses that come from TREO. Public Works - Craig Civalier - CIP process - HURF funds - Coyote Run Transit Service - RTA funds are for regional use. - Finance Director Stacey Lemos will clarify and separate outside money coming 05/03/08 Minutes, Council Study Session 6 in and make clear that if town does not receive this money, Oro Valley money will not be spent for this item. Water Utility Department, AWRDIF, Enterprise, PWSDIF - Philip Saletta - Position requested - Meter Reader Supervisor. Action Item: Schedule a future Study Session on CAP Water and costs associated with that. Library Division - Mary Hartz-Musgrave - Library Intergovernmental Agreement with Pima County changing - cost recovery 25% to 30% because of how county is reimbursing Town. County removing the amount originally paid for IT and supplies. - Reimbursements from County is declining. Action Item: Future study sessions: Discuss Pima County reimbursements to the Town, Technology Replacement Plan for lap top computers donated to the library, and review a breakdown of separate library tax - what is Oro Valley's total and how this compares with what Pima County is paying for our library. Legal Department - Tobin Rosen - Department to maintain current service levels. Mayor Loomis called a recess at 2:00 p.m. Meeting resumed at 2:16 p.m. Building Safety - Suzanne Smith - Information on the revenue generated from Building Safety activities and associated program costs were requested. Planning & Zoning & Steam Pump Ranch - Sarah More (presented by Scott Nelson) - Three positions requested - Senior Planner, Assistant Planning & Zoning Administrator, .5 Office Assistant. - What was the amount of funding removed for expanding the distance for citizen notification effort from 300 feet to 600 feet? - What is the detail behind the ($38,560) variance in the CPI & Clean-up program from FY 07/08 to FY 08/09. - Cost of intern to work on CPI? Action item - if given $500,000 what additional resources would be necessary? Magistrate Court - Judge Dunscomb - Position requested - Court Clerk. Human Resources - Sandra Abbey - Position requested - Risk Manager - Schedule study session to discuss the Risk Manager position. 05/03/08 Minutes, Council Study Session 7 Town Clerk - Kathryn Cuvelier - Maintain current level of service. - No issues raised. Town Manager & Town Council - David Andrews - Research the budgeted cost of producing the Oro Valley Vista versus the previous year's black and white newsletter. - Setolic and guidelines on distribution of the $1,500.00 budgeted for each p Y Council member for minor Funding for Outside Sources. Mayor Loomis reviewed the topics for future budget sessions and study sessions as discussed. Study Session adjourned at 4:30 p.m. Prepared by: Kathryn E. Cuvelier, CMC Town Clerk DRAFT MINUTES ORO VALLEY TOWN COUNCIL REGULAR SESSION MAY 7, 2008 ORO VALLEY COUNCIL CHAMBERS 11000 N. LA CANADA DRIVE REGULAR SESSION AT OR AFTER 7:00 PM CALL TO ORDER ROLL CALL PRESENT: Paul Loomis, Mayor Al Kunisch, Vice Mayor Paula Abbott, Council Member K.C. Carter, Council Member Helen Dankwerth, Council Member Barry Gillaspie, Council Member Terry Parish, Council Member PLEDGE OF ALLEGIANCE Boy Scout Troop 299 led the audience in the Pledge of Allegiance. UPCOMING MEETING ANNOUNCEMENTS Town Manager David Andrews reviewed the upcoming meetings and events. COUNCIL REPORTS - No reports. DEPARTMENT REPORTS Town Clerk Kathryn Cuvelier reminded citizens that the Town's General Election is on May 20th and citizens can drop off their ballots at Town Hall or at the Pima County Recorder's Office until 7:00 p.m. that evening. Building Director Suzanne Smith noted that it was National Building Safety Week. She reminded residents to check their smoke detector batteries and household wiring to help ensure their safety. TOWN MANAGER'S REPORT - No report. ORDER OF BUSINESS: MAYOR WILL REVIEW THE ORDER OF THE MEETING CALL TO AUDIENCE - No speakers. 05/07/08 Minutes, Town Council Regular Session 2 PRESENTATION: Plaque of Appreciation to Troy Kranz for his service on the Public Safety Personnel Retirement System from February 9, 2004 - February 8, 2008 Mayor Loomis presented Officer Troy Krantz with a Plaque of Appreciation and thanked him for his service on the Public Safety Personnel Retirement Board. 1. CONSENT AGENDA At the request of Council Members, Mayor Loomis pulled Items A, F, and H for discussion. MOTION: A motion was made by Vice Mayor Kunisch and seconded by Council Member Dankwerth to approve the Consent Agenda minus items A, F, and H. MOTION carried, 7-0. A. Minutes - 3-26-08, 4-02-08, 4-16-08 (PULLED FOR DISCUSSION) MOTION: A motion was made by Council Member Abbott and seconded by Council Member Gillaspie to approve the minutes of March 26 and April 16, 2008 and to continue the minutes of April 2, 2008 to give her time to review the tapes. MOTION carried, 6-1 with Council Member Parish opposed. B. Building Safety Activity Report - March 2008 C. Police Report - March 2008 D. Public Safety Fire and Emergency Medical Service Providers Quarterly Report to Council covering January 1, 2008 - March 31, 2008 E. Resolution No. (R) 08 - 29 Adopting the Financial and Budgetary Policies for the Administration of the financial operations of the Town of Oro Valley and repealing Resolution No. (R)07-78 F. Resolution No. (R) 08 - 30 Adopting the Parks and Recreation Department Revenue and Fee Policy (PULLED FOR DISCUSSION) MOTION: A motion was made by Council Member Carter and seconded by Council Member Abbott to approve Resolution (R)08-30. AMENDMENT TO THE MOTION: A motion was made by Council Member Parish and seconded by Vice Mayor Kunisch to amend the motion to 05/07/08 Minutes, Town Council Regular Session 3 continue consideration of Resolution (R)08-30 to a Study Session to allow more time to further study the criteria for revenues, fees and cost recovery for parks and recreation. MOTION carried, 6-1 with Council Member Carter opposed. G. Resolution No. (R) 08 - 31 Declaring that certain document entitled "the Town of Oro Valley Development Fee Code", Chapter 13 a public record H. Resolution No. (R) 08 - 32 Providing Notice of Intent to establish Development Impact Fees for Parks and Recreation, Library, Police, General Government, Transportation, and increase Alternative Water Resources Development Impact Fees and Potable Water System Development Impact Fees - Public Hearing to be held on July 16, 2008 (PULLED FOR DISCUSSION) Council Member Parish asked that those citizens that turned in speaker cards be allowed to speak on this item. Mayor Loomis noted that this is a notice of intent to increase fees and the Council is not setting rates at this time. Alex Jacome, non Town resident, representing Southern Arizona Homebuilders Association (SAHBA) commented that the Town should not count on these types of fees for revenues. He further commented that Oro Valley and Marana are the most expensive places in Pima County to build. He stated that SAHBA opposes p the adoption of additional development impact fees. Council Member Abbott commented that the Town is not trying to pass fees for revenue, it is about cost recovery. She stated that growth needs to pay for itself. MOTION: A motion was made by Council Member Gillaspie and seconded by Council Member Carter to adopt Resolution (R)08-32. MOTION carried, 7-0. I. OV5-08-02 Approval of a public art proposal for Building 5 of the San Jose Plaza, located inp roximity to the northeast corner of Oracle Road and El Conquistador Way. 2. ORDINANCE NO. (0)08 - 09 AMENDING THE ORO VALLEY TOWN CODE CHAPTER 10, ARTICLE 6-6 BY ADDING 6-6-2 EXTENDED CONSTRUCTION HOUR WORK PERMIT; AND DECLARING AN EMERGENCY (Continued from April 2, 2008) 05/07/08 Minutes, Town Council Regular Session 4 Building Safety Director Suzanne Smith reviewed the Council Communication and noted that adoption of this ordinance would extend construction hours for the pouring of concrete duringwarmer weather, April through October between the p g hours of 5:00 a.m. and 7:00 p.m. She also stated that it would create a process for an "Extended Construction Hours Work Permit" and the evaluation of circumstances that would justify the issuance of the permit, mitigation measures and notification to residential areas. Ms. Smith further reviewed the specific proposed changes to the Town Code and requested that this ordinance be adopted with an emergency clause due to the quickly approaching hot weather. Discussion followed regarding the $2500 fee for any infractions and who would be cited (construction company/manager/developer) and the Town Code 6-6-2J provides that "the Town may pursue injunctive relief against any person or company acting in violation of this section". Mayor Loomis opened the floor for public comment. The following people spoke in support of the proposed amendments to Chapters 6 and 10 citing such reasons as the heat is already playing a factor on construction, this new process for permitting would allow flexibility, addresses safety issues, economic impact to business owners, elements of sound levels of construction (inverse proportionality), the amendments would help speed up construction and they would be beneficial to everyone: Beth Koch, Oro Valley resident and representing Sanofi-Aventis Claude Lopez, subcontractor with Sanofi-Aventis Robert Mitchell, DPR Construction working with Sanofi-Aventis Kim Stone, Sanofi-Aventis Kit Donley, Oro Valley resident and developer Alex Jacome, Southern Arizona Homebuilders Association (SAHBA) Further discussion followed regarding: - Ordinance addresses current problems and defines procedures. - Turns evaluation over to professional staff. - Defines reasonable circumstances. - Would be governed under the Town's Noise Ordinance so the Police Department would respond to an issues/complaints. Provides for a civil infraction (Class 1 misdemeanor) amount of $2500 and immediate revocation of permit. - Possibly adding PermitsPlus access for Police Department so they can utilize and check on permit issuance. MOTION: A motion was made by Council Member Carter and seconded by Council Member Parish to adopt Ordinance (0)08-09, amending Town Code Chapter 10, Article 10-1, Section 10-1-4, Noise and amending Chapter 6, Article 6-6 by adding 6-6-2, Extended Construction Hours Work Permit. Additionally, an 05/07/08 Minutes, Town Council Regular Session 5 emergency is herebydeclared to exist; and therefore, this Ordinance shall be in g v full force and effect from and after its adoption and posting. Council Member Abbott commented that she would support the motion but that she had reservations regarding 10-1-4B 6b, All Other Construction. She asked that this item come back to Council for review in six months for review. MOTION carried, 7-0. Mayor Loomis recessed the meeting at 8:10 p.m. The meeting resumed at 8:20 p.m. 3. PUBLIC HEARING - CONSIDERATION AND POSSIBLE APPROVAL OF AN APPLICATION FOR A SERIES 10 (BEER AND WINE STORE) LIQUOR LICENSE FOR COST PLUS WORLD MARKET TO BE LOCATED AT 11975 N ORACLE ROAD IN THE ORO VALLEY MARKETPLACE p Mayor Loomis opened the public hearing. There being no speakers, the public Y hearing was closed. MOTION: A motion was made by Council Member Parish and seconded by Council Member Carter to recommend approval of the issuance of the Series 10 Liquor License to the Arizona State Liquor Board for Mr. H. Lewkowitz and principals als at Cost Plus World Market to be located at 11975 N. Oracle Road. MOTION carried, 7-0. 4. OV3-07-05 REQUEST FOR APPROVAL OF A MASTER SIGN PROGRAM FOR GOLF VILLAS CONDOMINIUMS TO ESTABLISH A SECOND ENTRYWAY SIGN ON THE EAST SIDE OF LA CANADA DRIVE, APPROXIMATELY 1/4 MILE SOUTH OF NARANJA DRIVE Mike Addis, Addisigns, representing the applicant, Golf Villas Condominiums, stated that they are requesting a second sign at the entrance to the Golf Villas. He explained that this would provide identification to the site for the traffic driving south on La Canada. He further stated that this sign request was approved by the Development Review Board. PlanningZoning and Director Sarah More reviewed the Council Communication and explained that this is a request for a Master Sign Program for the Golf Villas located south of Town Hall. She explained that the applicant has agreed to upgrade the existing sign so that the second sign would match. She further stated that staff reviewed the request and found that it meets applicable Zoning Code and traffic safety requirements. 05/07/08 Minutes, Town Council Regular Session 6 Discussion followed regarding the proposed sign and resurfacing of the existing sign, the Master Sign Program, internal directional signage is not being requested, and the additional sign would provide better visibility to the complex -Nor to traffic headed south on La Canada Drive. MOTION: A motion was made by Council Member Parish and seconded by Council Member Dankwerth to approve OV3-07-05, Master Sign Program for Golf Villas Condominiums with the condition that requires the applicant to resurface the existing sign to match the new sign. MOTION carried, 7-0. 5. DISCUSSION AND POSSIBLE DIRECTION TO AMEND THE APPOINTMENT PROCESS OF THE TOWN OF ORO VALLEY VOLUNTEERS TO BOARDS, COMMISSIONS, COMMITTEES, ADVISORY BOARDS, AND TASK FORCES Town Manager David Andrews reviewed the Council Communication highlighting the term limits section of the appointment process of the current policy for Boards and Commissions, Advisory Boards and Task Forces. Discussion followed regarding: The upcoming openings and interviews for the Boards and Commissions. Term limits were studied by a citizen's task force. Qualified citizens continue to volunteer their time. Possibly continue consideration of the term limits until the new Council is seated and to allow time to look at the current policy and the policies of surrounding jurisdictions. The consensus of the Council was to continue this item to a July or August Study Session. 6. FUTURE AGENDA ITEMS Council Member Abbott requested that staff provide an update on Arroyo Grande and the Arizona State Lands position regarding the initiative that has been filed regarding the preservation of that land and what their perspective is. Council Member Gillaspie seconded the request. CALL TO AUDIENCE - No speakers. 05/07/08 Minutes, Town Council Regular Session 7 ADJOURNMENT MOTION: A motion was made by Council Member Carter and seconded by Council Member Parish to adjourn at 8:45 p.m. MOTION carried, 7-0. Prepared by: Roxana Garrity, CMC Deputy Town Clerk I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular session of the Town of Oro Valley Council of Oro Valley, Arizona held on the 7th day of March 2008. I further certify that the meeting was duly called and held and that a quorum was present. Dated this day of , 2008. Kathryn E. Cuvelier, CMC Town Clerk DRAFT MINUTES ORO VALLEY TOWN COUNCIL STUDY SESSION May 12, 2008 ORO VALLEY COUNCIL CHAMBERS 11000 N. LA CANADA DRIVE CALL TO ORDER - at 5:30 p.m. ROLL CALL PRESENT: Paul Loomis, Mayor Al Kunisch, Vice Mayor Helen Dankwerth, Council Member Paula Abbott, Council Member K.C. Carter, Council Member Barry Gillaspie, Council Member ABSENT: Terry Parish, Council Member 1. Follow-up Discussion and Items from May 3, 2008 Budget Work Session Finance Director Stacey Lemos presented responses to questions raised at the May 3rd Budget Study Session: • Item 1 - Funding for expanding distance for citizen notification efforts was removed from the Planning and Zoning budget in the amount of $21,500.00. • Item 2 —A request for the total amount of revenue collected for Parks and Recreation User Fees to include a comparison of charges for Parks and Recreation facilities and programs between the Town of Oro Valley, the City of Tucson and Pima County. Ms. Lemos referenced the following: o A chart of projected revenues for Fiscal Year 2007-2008. o Proposed budget 08-09 o Attachment A - fees charged for amenities provided by other jurisdictions. • Item 3 - In lieu fees - Currently being researched and will be presented at the May 14, 2008 Study Session. • Item 4 - As of April 30, 2008, $9,661.00 of the $50k awarded to Gordley Design Group for the Naranja Town Site Public Education Campaign has been spent. • Item 5 - The cost savings realized from the newly instituted Procurement program have been significant. Some examples are shown in the table below: ITEM(S) SAVINGS OR REVENUE ;NOTE• Copiers (7) '$104,527.00 Cooperative vs Retail w � 05/12/2008 Minutes, Town Council Budget Study Session 2 . .. . ................. . ........... .. ...... .Online Auctions �$ 50 127.00 Revenue generated ' ,.....m.......wm...,........,....,.m.,.....,...._m.......M.... + _.....,m_......mw,........w,...,,,,wM,.,.._m,,...M..,.,.m_...,....�v.......,...m�...,....m.._»„m...w,,..,,.9..m.,....,.....m._.,,..,m...,...,.�,,..........,_...�,..._,.:..,.,...m..,..........,m�w,,..._.,....,w,....,.,....._,..,,,....,......mm.,.w.m.._,_....,,..,..._,m,.,.......,H.w..�.«......m,�...,.,mm�,,.,...vr. Sweeper '$ 10,000.00 E Cooperative vs. Retail Bike Locker 3 000.00 Coo erative vs. Retail $ p Office Supplies $ 760.00 !New contract as of March 17, 2008 • Item 6 - Projected Revenues for Fiscal Year 2008/2009 for Sales Tax and Bed Tax Rebates: Oracle Crossings $285,060.00 Oro Valley Marketplace lace $675,441.00 'Steam Pump Village 1$ 93,345.00 Sanofi-aventis ;$360,000.00 Hilton Bed Tax rebate $391,587.00 • Item 7 - Charts were referenced to itemize components of the Operating budget, the Capital budget and Outside Funding Sources for Capital Projects for FY08/09. • Item 8 - $14k was removed from the Town Council's budget for P2 Public Education. • Item 9 - The Aquatics Program Projected Cost was $631,049 - Swimming pool projected User Fees were $85k - The Gate Count (FY 06/07) was estimated to be $112k - Seasonal hours of operation were also addressed • Item 10 - Contributors to the Naranja Town Site were listed as follows: mnS CONTRIBUTORS !AMOUNT Business/Corporate $269,171.00 mw...........:............. ..............,:._............:................:.�............................,........ -.........:.,.......,.............,............ ,.:..:...,... ...,..�,.....,..:.:............... .:................:.......w.-....w..............»......,.....m�......w.:......_.......:w...«m..r+............wr.......vmm......m.mm.m...m.pm..w+......w.._w.....:..+.+..+w.....w.......m:......w...«....r..w..v.::..w�mw:«,.�..n.mw....w�..u...... S CityCommunity un Vistoso Foundation 1$ 2,500.00 .M-....M ._....�.�_-..._�.._,_ ._.�.�._._. ..m._.m�.. .�..�.,V.._,..�_.�.,�.m� ,m�.�.m�.m...m�..m.��..w......�._....._..;Y_,..........-..�.._..._.�w._.....W_._w_..._w.___.,..-.. _..._.�.�,..._.._.; Oro Valley Citizens IS 4,471.00 Discussion clarified that the Sanofi-aventis rebate would be funded by Construction Sales Tax and budgeted for in the General Fund. It was noted that this source of funding could apply only to non-recurring expenses. Ms. Lemos continued: • Item 11 - Staff recommended that Cash Reserves be used to provide additional funding for The Capital Asset Replacement Fund (CARF). o $320k gap to fund requested items. o The CARF balance would be $0 at the end of the year in order to fund the budget. • Item 12 - Projected revenue and program costs for Building Safety were noted as follows: 05/12/2008 Minutes, Town Council Budget Study Session 3 Revenue FY 07/08 PROJECTED i FY 08/09 BUDGET Residential Building Permits $1,100,000.00 ;$1,100,000.00 Commercial Building Permits $ 900,000.00 $ 486,730.00 Special Inspection Fees 1$ 16,600.00 e 20,000.00 p p Miscellaneous $ 1,425.00 •$ 1,600.00 Total Revenue j$2,018 025.00 $1,608,330.00 Program Costs } ;Administration $ 351,720.00 $ 359,328.00 Inspection !$ 518,741.00 $ 568,539.00 Plan Review $ 640,890.00 $ 491,253.00 a . Intake & Permitting E$ 146,997.00 1$ 154,256.00 � ,Implementation Plan 1$ 52,567.00 r$ 31,240.00 Total Program Costs $1,710,915.00 $1,604,616.00 e a ' ,OPERATING RESULTS $ 307 110.00 :$ 3,714.00 : • Item 13 - The ($38,560.00) difference in Planning and Zoning's budget for FY 07/08 and FY 08/09 were due to the restructuring of employee duties and eliminating the part-time intern position. • Item 14 - The cost of publishing the monthly, 8-page, color Oro Valley Vista versus its bi-monthly, 4- page, black and white predecessor. The Oro Valley Vista is budgeted for $97,000 for FY 08/09. The previous newsletter cost $28,649 in FY 06/07 and did not include brochures for the Library, Parks and Recreation and the Water Utility departments. Funding for those departments' brochures was provided by the departments' budget. Vice Mayor Kunisch requested the amount that the Water Utility Department would contribute to the Oro Valley Vista's budget of $97k. • Item 15 - Staff will prepare a draft policy regarding minor funding requests for Council consideration. • Item 16 - $15k has been budgeted for Boards and Commissions training under General Administration. • Item 17 - Ms. Lemos referenced an itemized chart that cited revenue sources and what the revenue was used for in the budget. • Item 18 - $50k had been added to the Arterial Roadways Line Item. Regional Transit Authority(RTA) funds for $50k were added as a revenue source to offset the expenditure. Council Members requested the following: • Information regarding ramada rentals. 05/12/2008 Minutes, Town Council Budget Study Session 4 • An update on the Parks and Recreation fee study. • A review of all departments regarding fees for specific tasks and the actual cost to perform the task. 2. Risk Management Program Discussion Human Resources Director Sandra Abbey discussed the Safety and Risk Manager position. She stated that this position would oversee compliance with the Occupation Safety and Health Administration(OSHA). She noted that the Town's current program is not at the desired level of compliance. She stated that departments have not had employees in place to assess compliance and therefore this position would have responsibility Town wide. Ms. Abbey stated that Bob Easton of the Oro Valley Police Department (OVPD) has been pulled away from his usual duties to manage this responsibility. She noted that for this reason, the scope of the position has been partially met. Ms. Abbey presented the duties and responsibilities of the Safety and Risk Manager. She stated that the Arizona Department of Occupational Health and Safety (ADOSH) and Occupational Health and Safety Administration (OSHA) requirements as: • Recordkeeping and Posting of: o Accidents o Exposures o Workplace injuries and illnesses o Lost work time o Fatalities • Policies, Procedures and Mandatory Training o Ergonomics o Blood borne pathogens o Hazardous chemicals o Machine guarding o Working in confined spaces o Workplace hazards and lockout tagout o Emergency action plans o Electrical fire and safety o Labeling and signing of facilities o Materials handling and storage requirements o Use of personal protective equipment o Health and safety programs. She explained the Risk Management Requirements: • Written Fleet Safety/Auto Accident Prevention Policies and training for vehicle operators. • Facility Safety Standards to include the safety of members of the public while on Town property. 05/12/2008 Minutes, Town Council Budget Study Session 5 • Compliance with Department of Transportation requirements for drivers and equipment operators. • Compliance and training on Town policies and procedures. • Inspection of Town facilities, analysis of potential hazards, establishment of mitigation and prevention actions. • Assessment of general liability vulnerabilities, analysis of insurance coverage needs, implementation of cost saving measures. She listed the penalties as follows: VIOLATION ,PENALTY =Other than serious to post job safety notices, (failure ;$1,000 to $7,000 per ;annual summary of injuries and illnesses or OSHA 300 . {posting !log) lather than serious failure to post an OSHA citation) 1$3,000 per day ................... ..:..... .:.......:.....:.......... .. Other than serious (failure to report a fatality or accident requiring hospitalization of 3 or more employees within 8 $5,000 to $7,000 q g p hours) ............. .......... =Serious violations 1$1,500 i to $7,000 [$5,000 Wllful violations to $70,000 m_f ,Repeat violations !Up to $70,000 per day • Up to $10,000 and six CriminalSPenalties in prison months Up to $5,000 and - Falsifying records three years in prison Up to $5,000 and -Assaulting a Compliance Officer three years in prison Ms. Abbey noted the potential return on investment: • Potential insurance savings for Workers Compensation and/or General Liability Insurance. • General Liability lawsuits are less likely. • Avoidance of penalties for non-compliance. • Prevention of accidents, injuries and fatalities. She stated the Impact on Resident/Community as: • Minimized lost work time. • Oversight of Town facility safety standards. • Funds spent on liability settlements would not be available for other community needs. Ms. Abbey informed Council of the extensive responsibilities of a Safety and Risk Manager. 05/12/2008 Minutes, Town Council Budget Study Session 6 Discussion ensued noting the following: • When an organization has 250 employees, then a Safety and Risk Manager position would be instituted. • 50% of the municipalities polled had their Safety and Risk manager in the Human Resources department. • Some of the duties included: o Writing procedures o New employee training o Recurrent training Mr. Easton informed Council that: • He had assessed the Town. • He had created a questionnaire and disseminated it via the Loss Control Group in order to identify problems. • He determines the cause of an accident through investigation. • He found that 50% of Town training programs have been written. • He wanted to implement fleet instructions for safe driving. Town Manager David Andrews stated that the Safety and Risk Manager would report to the Human Resources Director. He noted that this position would be a one person division. It was noted that the majority of accidents in municipal government were in the Police Department and that the OVPD was the largest department in the Town. 3. Zoning Code Upgrades and Modifications Planning and Zoning Director Sarah More recommended staying with the approved Zoning plan. Discussion ensued regarding: • Existing staff resources have shifted to create the Environmentally Sensitive Land Ordinance (ESLO). • New staffing positions would enable the department to meet the current workload. • The Planning and Zoning intern was funded from unused salaries for open positions. • The ESLO should be completed in March, 2009. • Ordinances that would impact the PADA were being drafted. • An independent consultant will review current ordinances with regard to the environment. 05/12/2008 Minutes, Town Council Budget Study Session 7 4. Review of Draft Agendas for May 14, 28, and 29, 2008 Budget Work Sessions Town Manager David Andrews reviewed the topics of the upcoming Budget Study Sessions. Vice Mayor Kunisch requested information regarding the number of employees per capita. 5. Future Budget Agenda Items Council Member Elect Garner requested that the $360k for Sanofi-aventis be placed on a future Budget Study Session for discussion. Mayor Loomis requested: • A list of items that the Water Utility Department is billed for by the Town. • That the public notification issue be placed on a future Budget Study Session for discussion. Council Member Gillaspie requested: • Information regarding the cost for public notification using newspapers other that The Daily Territorial and the cost associated with signage. • To strike Item 15 - Money allotted for Council Members to spend for minor funding for outside sources. 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IOV iiiira,......,-,.„„...,„., ,,,,c/, , , ' „'x� " v+� .., m,,vq„`a,�"'vw ,,,,,, w "�my1« ,„,,, ,,„ urn`'' �.:^�„,, ,,,�5,,,,,,, tN"�r', .�„l�N'd���� xy h>,��?��u� _'a?3�-.'Sk,"r*'.�s�c"r a';:?y *��". ,�a 3��%.`.l^dP'a�,�'""�....!.+�.�" � "�• �xa'^y,.x ' USN,"''`�r ,'�»w'^�. �., �Ni,,.�j�, .,‘ Rim .W.. ..,w H. w ,a.,,, w „., OPS 1 „Fl!, ,,, „ .„,, ,, .,.,,,, , „, ,,,. , ,„„,., , „ ., ,,„4„,„..„,, ,,. ,„ IDc., ,�,O O all 0 coeQ 0't PJB Ell ,0\ t`° ,J SEI O• I 4111, 0 0 0 0 0 0 0 0 0 0 0 O oo co tet' N O CO CO d' N NA— r- A— A- r- ti J / AT),` 2 11000 N. La Canada Dr. • POLIAiOro Valley, Arizona 85737 r " - Phone (520) 229-4900 FAX (520) 797-2616 DANIEL G. SHARP, Chief of Police 4 „ , www.ovpd.org .X% vg� AIDED ORO VALLEY POLICE DEPARTMENT "FAIRNESS, INTEGRITY, EXCELLENCE” MEMORANDUM TO: Honorable Mayor Paul Loomis & Oro Valley Council Members FROM: Chief Daniel G. Sharp REF: April 2008 Statistics DATE: May 15, 2008 Please find attached the captured statistics for the Oro Valley Police Department for April 2008 plus Citation/Warning totals for the previous month. Also included are the response times for dispatched priority 1-4 calls and a historical review of the past 3 years of statistics for the month captured. W 0 ›.I >O Z I- U O A a ›'4 (L/j) rrio O =� Q _ :is) D r.-4 ---, „,_,,,:z. iiii) , 0 _ co 0 > * N -* Q L cor , E a co .4 N- r N- O O r LI) 00 O ti CO ti CO : CO O N- O r N0) CO ' E T.-, r co r r r— l!) 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Y LU 0 c3 = W O — v w z o O J Q "' -� ''' N U) W a D W a_ < W F-- Q W —jr,-.= G < ~' J O a) 0I- U Z rt p_ 0_ ( co J £ to LL_ U- 0_ W_ a. J < I- u. TOWN OF ORO VALLEY Page 1 of 2 "OUNCIL COMMUNICATION MEETING DATE: June 4, 2008 TO: HONORABLE MAYOR AND COUNCIL FROM: JOSE RODRIGUEZ, P.E.,ENGINEERING DIVISION MANAGER SUBJECT: Resolution Number (R) 08- 42 , Authorizing and Approving a Purchase Agreement between Overland Vistoso Limited Partnership, LLP, an Arizona limited partnership and the Town of Oro Valley for land acquisition in the amount of$702,663.00 for 1.658 acres located at Rancho Vistoso Neighborhood #2 Parcel B utilizing Regional Transportation Authority (RTA) funds for a park-and-ride facility within the Town of Oro Valley identified in the Regional Transportation Plan ("the Plan"). SUMMARY: The Purchase Agreement before you this evening is the next step in delivering one of the transit components identified in the Regional Transit Plan ("the Plan"), the Town of Oro Valley Park-and-Ride. This purchase agreement will allow the Town of Oro Valley to purchase the property located at Rancho Vistoso Neighborhood #2 Parcel B on Rancho Vistoso between Oracle Road and Vistoso Commerce Loop. The Intergovernmental Agreement between the RTA and the Town was approved by the Regional Council on May 15, 2008 authorizing the utilization of RTA funds for this project. This purchase agreement is necessary to 'gcilitate the delivery of the park-and-ride, one of the transit components identified in the RTA Plan. This park- Ad-ride will service three Sun Tran routes (one local and two express), para transit service, Coyote Run and the soon to be established Oro Valley Circulator. PROJECT OVERVIEW: The new park-and-ride facility will serve as a terminus facilitating transfers to/from the new Sun Tran expresses, future fixed route in and out of Oro Valley and will serve as the beginning and end for the neighborhood circulator. The park-and-ride will be the link to a transit network connecting the communities of Pima County through an integrated transit system. The park-and-ride will incorporate approximately 100 parking spaces, plus off-street bus bays, one or two shelters for commuter waiting areas, transit information display, and other passenger amenities. This site may also function as a Share a Ride location. Therefore, the park-and-ride facility is the key factor in providing public transit services in the Town of Oro Valley. To meet the goal of seamless integration, staff has placed this project on a fast track and anticipates a completion date of February 2009, coinciding with the roll out of the Sun Tran Express Routes. RECOMMENDATIONS: We recommend the approval of Resolution No. (R)08- 42 , thus authorizing and approving a purchase agreement between Overland Vistoso Limited Partnership, LLP, and the Town of Oro Valley for land acquisition in the amount of $702,663.00, located at Rancho Vistoso Neighborhood #2 Parcel B, utilizing Regional Transportation Authority (RTA) funds for a park-and-ride facility within the Town of Oro Valley identified in the Regional Transportation Plan ("the Plan"). The proposed purchase agreement has been viewed by the Town Attorney's office and forwarded for approval. w TOWN OF ORO VALLEY Page 2 of 2 COUNCIL COMMUNICATION MEETING DATE: June 4, 2001 FISCAL IMPACT: The purchase price of the property is $702,663.00 for 1.658 acres. The Town of Oro Valley will be reimbursed for the total expenditure. Future expenditures including planning, construction and annual maintenance will be reimbursed by the RTA on a monthly basis upon receipt of an invoice prepared by the Transit Services Administrator. Therefore, there is no fiscal impact to the Town of Oro Valley for this facility. ATTACHMENTS: 1) Resolution 2) The purchase agreement SUGGESTED MOTIONS: The Council may wish to consider one of the following motions: I move to approve Resolution Number (R)08- 42 , Authorizing and Approving a Purchase Agreement between Overland Vistoso Limited Partnership, LLP, and the Town of Oro Valley to for land acquisition in the amount of$702,663.00 for 1.658 acres located at Rancho Vistoso Neighborhood #2 Parcel B, utilizing Regional Transportation Authority (RTA) funds for a park-and-ride facility within the Town of Oro Valley identified the Regional Transportation Plan ("the Plan"). OR I move to deny Resolution Number (R)08- 42 , Authorization and Approving a Purchase Agreement between Overland Vistoso Limited Partnership, LLP, and the Town of Oro Valley to for land acquisition in the amount of $702,663.00 for 1.658 acres located at Rancho Vistoso Neighborhood #2 Parcel B, utilizing Regional Transportation Authority (RTA) funds for a park-and-ride facility within the Town of Oro Valley identified in the Regional Transportation Plan ("the Plan"). 7/9 Jos- 'vdriguez, P.E. nginee• g Div Mgr , b(__ '14.,, '— /Craig Civali� , P.E., Town Engineer / a -.7tii JWatson, tsistant Town Mana er erDg David Andrews, Town Manager RESOLUTION NO. (R) 08- 42 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, AUTHORIZING AND APPROVING A PURCHASE AGREEMENT BETWEEN OVERLAND VISTOSO LIMITED PARTNERSHIP, LLP AND THE TOWN OF ORO VALLEY FOR LAND ACQUISITION IN THE AMOUNT OF $702,663.00 FOR 1.6 ACRES LOCATED AT RANCHO VISTOSO NEIGHBORHOOD NO. 2 PARCEL B, UTILIZING REGIONAL TRANSPORTATION AUTHORITY (RTA) FUNDS FOR A PARK AND RIDE FACILITY WITHIN THE TOWN OF ORO VALLEY, IDENTIFIED IN THE REGIONAL TRANSPORTATION PLAN 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.R.S. § 48-5301, et seq. authorizes the Regional Transportation Authority (RTA) to act as a regional taxing authority for the purpose of funding multi-model transportation operations and improvements identified in the Regional Transportation Plan ("the Plan") approved by the voters at the special election held in Pima County, Arizona on May 16, 2006; and WHEREAS, the RTA is authorized by A.R.S. § 48-5304(16) and § 48-5308 to administer and distribute regional transportation funds to the members of the RTA, and to sell bonds in furtherance of that purpose to fund those projects or programs identified in the Plan; and WHEREAS, the Park and Ride Facility is one of the transportation projects included in the Plan or is eligible for funding as part of a categorical program included in the Plan; and WHEREAS, the Town of Oro Valley has agreed to purchase from Overland Vistoso Limited Partnership, LLP, the property described in the Purchase Agreement, attached hereto as Attachment "1", utilizing RTA funds; and WHEREAS, it is in the best interest of the Town of Oro Valley to enter into the Purchase Agreement, attached hereto as Attachment "1", with Overland Vistoso Limited Partnership, LLP, in the amount of$702,663.00 for the acquisition of the land described in the Purchase Agreement for the development of the Park and Ride Facility. \\Legal\shareftles\Public Works\TRANSIT\IGA's\RTA Park and Ride Funding\Resolution-RTA Park and Ride Land Purchase.doc Torn of Oro Valley Attorneys Office/ca/051508 NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Oro Valley, Arizona that the Purchase Agreement, attached hereto as Attachment "1", by and between the Overland Vistoso Limited Partnership, LLP, and the Town of Oro Valley is hereby approved, and the Mayor is hereby authorized to take such steps as are necessary to execute the Purchase Agreement. NOW, BE IT FURTHER RESOLVED that the Town Engineer or his designee is hereby authorized to finalize the purchase of the property on behalf of the Town. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona this 4th day of JUNE , 2008. TOWN OF ORO VALLEY Paul H. Loomis, Mayor ATTEST: APPROVED AS TO FORM: Kathryn E. Cuvelier, Town Clerk Tobin Rosen, Town Attorney Date: Date: j \\Lcgal\sharefiles\Public Works\TRANSITUGA's\RTA Park and Ride Funding\Resotuuon-RTA Park and Ride Land Purchase.doc Town of Oro Valley Attorney's Office/ca/05I51)0 \\Legallsharefiles\Public Works\TRANSIT\1GA's\RTA Park and Ride Funding\Resolution-RTA Park and Ride Land Purchase doc Town of Oro Valley Attorney's Office/ea/051508 PURCHASE AGREEMENT This Agreement is made by and between OVERLAND VISTOSO LIMITED �• � TOWN, LLP, an Arizona limited partnership ("Seller") and the TOWN OF ORO_ VALLEY, an Arizona municipal corporation ("Purchaser") with reference to the facts set forth below: A. The Seller is the owner of the real property described on the attached Exhibit A ("Property"). B. The Purchaser desires to purchase and the Seller desires to sell the Property and for and in consideration of the mutual covenants set forth herein the parties hereto agree as follows: 1. Agreement eement to Sell. The Seller hereby agrees to sell and the Purchaser hereby agrees to purchase the Property upon the terms and conditions set forth herein. 2. Right of Entry and Feasibility Period. The Purchaser and its engineers and agents shall have access to the Property at reasonable times after execution of the Agreement("Opening of Escrow") for the purpose of conducting, at the Purchaser's sole cost and expense, geological, soil. drainage,engineering,building inspection,environmental tests,and other studies and surveys which the Purchaser, in its discretion,deems necessary to determine whether the Property is suitable for the Purchaser's contemplated use. The Purchaser shall thereafter restore the Property to the condition which existed prior to performing such tests and studies. Any entry by the Purchaser, or its engineers,employees,agents or independent contractors,upon the Property shall be at the sole cost, expense and risk of the Purchaser. The Purchaser hereby indemnifies and agrees to hold the Seller harmless from and against any and all loss,cost or expense(including reasonable attorney's fees and expenses)resultingfrom anyentry by the Purchaser,or any engineer,employee,agent,principal or p } independent contractor of the Purchaser, upon the Property. The Purchaser shall have from the g O enin of Escrow until 5:00 p.m., May 28, 2008 ("Feasibility Period") to review the title to the Opening Property and to evaluate the feasibility of developing and constructing a park and ride facility upon the Property. In the event the Purchaser concludes in its sole discretion that the title is not satisfactory or that the Property is otherwise not suitable for its intended use,then the Purchaser may cancel this Agreement by so notifying the escrow agent in writing on or before the expiration of the � Feasibility Period,in which event this Agreement shall be null and void and the parties shall have no further rights hereunder (excepting the Seller's indemnity rights set forth above). 3. Purchase Price. The purchase price for the Property shall be the sum of Seven Hundred and Two Thousand, Six Hundred and Sixty Three Dollars ($702,663) payable in cash or certified funds at the time of closing. 4. Closing. The closing shall take place on or before 2:00 p.m. on May 28, 2008. Magnus Title/Lawyers Title(Vicki Etherton), I South Church,Suite 2040,Tucson,AZ 85701,shall Y act as escrow agent and the provisions of this Agreement shall constitute joint instructions to the escrow agent. Real property taxes and assessments shall be prorated in accordance with generally accepted accountingprinciples as of the date of closing.At the time of the closing,the Seller and the P Purchaser shall equally divide all escrow and closing fees charged by the escrow agent and the Purchaser shallPaY all recording fees. All tax prorations shall be final and shall be based upon the latest available tax information only. 5. Title. Following the execution hereof,the escrow agent shall provide to the Purchaser a Preliminary Title Report showing all matters of record affecting title to the Property. At the P closing, the Seller shall convey the Property to the Purchaser by Special Warranty Deed upon the escrow agent's standard form free and clear of any mortgages, deeds of trust or other security agreements and subject to all matters of record, all matters provided for herein and all matters observable an upon inspection or accurate survey of the Property. In the event title is not in the P � condition required bythe preceding sentence as of the closing, then the Purchaser as its exclusive q remedies may either waive any objections to title and proceed with closing, or terminate this Agreement. Within a reasonable time after the closing,the Seller at the Seller's expense shall furnish the Purchaser with a standard owner's policy of title insurance in the full amount of the purchase price for the Property sh owing the title to the Property vested in the Purchaser subject only to the P � g matters set forth above and the standard printed provisions of such title policy. 6. rese RePn tations and Warranties. The Purchaser acknowledges and agrees that except as expressly ressl set forth in this Agreement or in any of the closing documents to be executed and will by the Seller as provided herein,neither the Seller nor its agents have made or will m ake anyrepresentation or warranty, express or implied, including without limitation any warranties of P � habitability,suitabilityand fitness for intended purpose or otherwise with respect to any aspect of the Property. The Purchaser is purchasing the Property strictly in"AS IS"condition except as expressly set forth herein. The Purchaser accepts and agrees to bear all risks regarding all attributes and conditions, latent or otherwise of the Property. The Purchaser has made or will make prior to the closing hereunder its own inspection and investigation of the Property and surrounding area including,without limitation,its subsurface,soil,engineering and other conditions and requirements, � quasi-public takings of the whether there are any eminent domain or other public or quasi puPropertyb g contemplated, and all zoning and regulatory matters pertaining to the Property. The Purchaser is enteringinto this Agreement and purchasing the Property based only on the representations and � warranties of the Seller expressly set forth in this Agreement or in any of the closing documents to be executed and delivered by the Seller as provided herein and otherwise upon the results of its own inspection and investigation and not in reliance on any statement, representation, inducement or agreement of the Seller except as specifically provided herein. The Purchaser agrees that neither the Seller nor anyone acting on behalf of the Seller has made any representation,covenant,guaranty or warranty whatsoever,whether written or oral,concerning the Property except as specifically set forth herein. Any engineering data, soils reports or other information that the Seller or any other party � neerin� may have delivered to the Purchaser is furnished without any representation or warranty whatsoever. The Seller makes the following representations and warranties to the Purchaser with the understandingthat the Purchaser is relying thereon, which representations and warranties shall survive the closing and the execution and delivery of the deed: A. The Seller has not received any notice of any violation of any ordinance, regulation, law or statute of any governmental agency pertaining to the Property or any 2 The Purchaserassign shall not its rights or delegate its obligations hereunder without the express written consent of the Seller,which consent shall not be unreasonably withheld. The wording of this Agreement has been arrived at by negotiation between the parties, n ambiguity,this Agreement shall not be construed in favor of or against any and, in the event of any gu ty, gr account of such partyhaving prepared any draft or final version hereof. party hereto on This upon Agreementshall be bindingu on and inure to the benefit of the parties hereto and their successors and assigns. Unless the form is attached hereto as an exhibit,all documents and instruments to be executed in connection with the closing of this transaction shall be upon forms customarily used by the escrow agent in transactions of a similar nature in Pima County, Arizona. Agreement constitutes the entire agreement between the parties and the parties This expressly acknowledge that there are no other agreements or understandings in regard to this transaction other than as set forth herein or contained within other written agreements referred to herein. The Seller shall execute and deliver to the Purchaser at each closing an Affidavit as Section 1445 b 2 settingforth the Seller's taxpayer identification number, the required by IRC ( )( ) Seller's address and stating that it is not a foreign person for purposes of that section. The waiver bypartyhereto of any breach of any term, covenant or condition any contained ed herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, condition or covenant contained herein. If the date for performance of any obligation hereunder or the last day of any time t for period provided for herein shall fall on a Saturday, Sunday or legal holiday, then such date performance or time period shall expire on the first day thereafter which is not a Saturday,Sunday or legal holiday. This Agreement shall be construed in accordance with the laws of the State of Arizona. In the event ofy dispute any dis ute hereunder, exclusive jurisdiction and venue shall exist only in Pima County, Arizona. Captions and headings as set forth herein are for reference purposes only and shall not be used in construing this Agreement. AGREED TO on the dates set forth below. 5 SELLER: OVERLAND VISTOSO LIMITED PARTNERSHIP, LLP, an Arizona limited liability partnership By: Ready Two Corporation, its general partner By: Its: Date: PURCHASER: TOWN OF ORO VALLEY, an Arizona municipal corporation By: Date: WJH\af\022208\agreements\375clean • 6 EXHIBIT`°A" TOWN PARCEL LEGAL DESCRIPTION OPW JOB NO. 08026-102 ALL OF THAT PORTION OF SECTION 29, TOWNSHIP 11 SOUTH, RANGE 14 EAST, G&SRBM, PIMA COUNTY, ARIZONA, BEING A PORTION OF THAT PROPERTY DESCRIBED IN DOCKET 10237 AT PAGE 2166,MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHERNMOST CORNER OF SAID PROPERTY DESCRIBED IN DOCKET 10237 AT PAGE 2166,BEING A POINT ON A CURVE ON THE NORTH RIGHT- OF-WAY OF RANCHO VISTOSO BOULEVARD,AS RECORDED IN DOCKET 7868 AT PAGE 1456,FROM WHICH THE RADIUS BEARS N 16°39'44"E; THENCE NORTHWESTERLY ALONG SAID RIGHT-OF-WAY,ALONG A CURVE TO THE RIGHT,WHICH HAS A RADIUS OF 1425.00 FEET AND A CENTRAL ANGLE OF 20°10'31", AN ARC LENGTH OF 501.78 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTHWESTERLY ALONG SAID RIGHT-OF-WAY, ALONG A CURVE TO THE RIGHT, WHICH HAS A RADIUS OF 1425.00 FEET AND A CENTRAL ANGLE OF 09° 09' 41", AN ARC LENGTH OF 227.85 FEET TO THE SOUTHERNMOST . CORNER OF THAT PROPERTY DESCRIBED IN DOCKET 12952 AT PAGE 7525; THENCE N45°59'56"E,ALONG THE SOUTHEAST LINE OF SAID PROPERTY DE SCRIB ED IN DOCKET 12952 AT PAGE 7525,A DISTANCE OF 351.54 FEET TO THE EASTERNMOST CORNER OF SAID PROPERTY, ALSO BEING A POINT ON THE SOUTHWEST LINE OF THAT PROPERTY DESCRIBED IN DOCKET 10617 AT PAGE 1897; THENCE S 50°04' 13"E,ALONG SAID SOUTHWEST LINE,A DISTANCE OF 177.99 FEET TO A POINT; THENCE S 37° 56' 07" W, A DISTANCE OF 355.70 FEET TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINING 72,200 SQ.FT. OR 1_658 ACRES. — 4'48 26928 C1ti1: CIVIS E. April 3, 2008 MSI ;.,1. \\Laurie\doc51\2802617 own Parcel.wpd ‘ kilfts‘;'S.151%1 kJ ,V FAi Page 1 of I or 05 L.: X1-1 1 Bi TAA =A •. •- T.._,:, E p roil:, E',..1: , -. -• -,.k --- 14 2� . - i ......-.- VG' bq .-- .. , .::-- vco.., .- ' , ,; ..---vq.: . ,,,, . - . - cli'''''' .-- •• 4.- - 0 - - . ..•ct.,-.-itd, -,.16v c)- v*-c.*" d e .. • . - .., .... , , . ___ oso .0°N laCfc'\'-'-'-'...-.. \ - Ntk5 - 'C.0O3,C)°, .°)--- -' .1.r. . - - sit-\ �1 t c. .v `, c F D Z • r") CD . ;,.. M - , , N TOWN o N , PARCEL ,t- N cLI "P , . N . ,,- 14, . a 1C 7_ � !�• (RETAINED � _ rD . 11i �` <5N` PARCEL) i-‘1 • T.P.O.B. 1ro �� db at\ N:-... '. j As C70 ..... . ... , .. -gin ,� �� 7 1S- ,4 SOUTHERN-- �0 MOST CORNER 3 OF PROPERTY a IN DKT. u • _ 10237, 2166 NORTH S PC' PT. OF SCALE: 1" =150' COMMENCEMENT o) 0 o 0 COPYRIGHT OPtisi ENGINEERING, LLC2008 o OPW __, ‘ , GI ENNEERING, a _ _.__.:.__-:""4'.10XIT.r.TTT...,...::.''.-.7 7..."::7'-.7.:'.':.7 1-.7'.."-.77:-.: -'''..=7":T..:=7.=::::'- '."...-'7.7:......"7:-.'..' •,-.' '...-1.:17.1".1,-,--1.-“:..1:,":Z.-- - .- . - ' 7000 B. Tempt Verde Rasa #37 EXHIBIT OF TOWN PARCEL :.._ ;'-'4'o* Ill i.7 Tucson, �5 pP W J08 NO. 08026-102 Plume (52�) 296-8544 .w. EXHIBIT "B" (Access Easement and Utility Extension Agreement) When recorded mail to: William Hallinan Cottonwood Properties 3567 East Sunrise Drive, Suite 219 Tucson, AZ 85718 ACCESS EASEMENT AND UTILITY EXTENSION AGREEMENT This AGREEMENT is made this day of ,2008 by Overland Vistoso Limited Partnership, LLP, an Arizona limited liability partnership ("overland") and the Town of Oro Valley, an Arizona municipal corporation("Town"). RECITALS A. Whereas the Town has agreed to purchase from Overland the property described in Exhibit"I"hereto(the"Town Parcel")and Overland will retain ownership of the parcel described in Exhibit "2" hereto ("Retained Parcel"). B. Whereas Overland desires to establish for the current and future owners of the Retained Parcel, a perpetual easement for that portion of the Town Parcel described on the attached Exhibit p rp "3"("Shared Access Easement Area") in order to allow for access to the Retained Parcel from the existing median break and curb cuts on Rancho Vistoso Boulevard. C. In order to minimize disruption to use of the Town Parcel and the expense associated with utility extensions if done after the development of the Town Parcel,the parties hereto desire to provide for extension of sewer, water and gas, and conduit for electric, telephone, cable and other utility facilities within the Shared Access Easement Area (collectively"Utility Extensions"). In consideration of the foregoing, Overland and the Town hereby covenant and agree as follows: 1. Utility Easement. Overland hereby reserves to itself and all future owners of the Retained Parcel,andants to all public utility companies and other providers,a perpetual easement brr and right of way for the purpose of constructing,using,maintaining,operating,repairing,replacing, inspecting and removing any and all sewer, water,gas,electrical,telephone, cable, and other utility facilities in, over, under, upon and across the Shared Access Easement Area. All such utility lines and cables shall be located undergTround. 2. Access Easement. Overland hereby reserves and establishes for the benefit of all current and future owners of the Retained Parcel and their tenants, guests, invitees and assignees a perpetual e etual easement andright ri ht of way over,upon and across the Shared Access Easement Area for the purposesof pedestrian and vehicular access, ingress and egress, including constructing, using, maintaining, operating,o eratin , repairing, replacing, and inspecting a driveway across the Shared Access Easement Area. Nop resent or future owner of all or any portion of the Shared Access Easement Area shall erect orp lace any building or other structure within the Shared Access Easement Area nor allow anylandscaping, walls or fences that will interfere with the exercise of the rights granted fill, hereunder. 3. Utility Extensions. In the event that the Town commences development on the Town Parcelp rior to construction of structures on the Retained Parcel, the Town shall at its expense construct the Utility Extensions within the Shared Access Easement Area to the boundary of the Retained Parcel. 4. Miscellaneous. This Agreement shall run with the land and be binding on the current and future owners of the Town Parcel. EXECUTED as of the date set forth above. OVERLAND VISTOSO LIMITED PARTNERSHIP, LLP, an Arizona limited liability partnership By: Ready Two Corporation, its general partner By: Its: TOWN OF ORO VALLEY, an Arizona municipal corporation By: Its: STATE OF ARIZONA ) ) s. COUNTY OF PIMA ) ACKNOWLEDGED before me this day of , 2008 by the of Ready Two Corporation. -4) Notary Public Notary Seal STATE OF ARIZONA ) ) ss. COUNTY OF PIMA ) ACKNOWLEDGED before me this day of , 2008, by the of the Town of Oro Valley. Notary Public Notary Seal EXHIBIT "1" TOWN PARCEL LEGAL DESCRIPTION OPW JOB NO. 08026-102 ALL OF THAT PORTION OF SECTION 29, TOWNSHIP 11 SOUTH, AGE 14 EAST, G&SRBM, PIMA COUNTY, ARIZONA, BEING A PORTION OF THAT PROPERTY DESCRIBED IN DOCKET 10237 AT PAGE 2166,MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHERNMOST CORNER OF SAID PROPERTY DESCRIBED IN DOCKET 10237 AT PAGE 2166,BEING A POINT ON A CURVE ON THE NORTH RIGHT- OF-WAY OF RANCHO VISTOSO BOULEVARD,AS RECORDED IN DOCKET 7868 AT PAGE 1456,FROM WHICH THE RADIUS BEARS N 16° 39'44"E; THENCE NORTHWESTERLY ALONG SAID RIGHT-OF-WAY, ALONG A CURVE TO THE RIGHT,WHICH HAS A RADIUS OF 1425.00 FEET AND A CENTRAL ANGLE OF 20° 10'31", AN ARC LENGTH OF 501.78 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTHWESTERLY ALONG SAID RIGHT-OF-WAY, ALONG A CURVE TO THE RIGHT, WHICH HAS A RADIUS OF 1425.00 FEET AND A CENTRAL ANGLE OF 09° 09' 41", AN ARC LENGTH OF 227.85 FEET TO THE SOUTHERNMOST CORNER OF THAT PROPERTY DESCRIBED [N DOCKET 12952 AT PAGE 7525; THENCE N 45°59'56"E,ALONG THE SOUTHEAST LINE OF SAID PROPERTY DESCRIBED IN DOCKET 12952 AT PAGE 7525,A DISTANCE OF 351.54 FEET TO THE EASTERNMOST CORNER OF SAID PROPERTY, ALSO BEING A POINT ON THE SOUTHWEST LINE OF THAT PROPERTY DESCRIBED IN DOCKET 10617 AT PAGE 1897; THENCE S 50° 04' 13" E, ALONG SAID SOUTHWEST LINE,A DISTANCE OF 177.99 FEET TO A POINT; THENCE S 37° 56' 07" W, A DISTANCE OF 355.70 FEET TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINING 72,200 SQ. FT. OR 1.658 ACRES. `r v �:'�'j 2� t:;\11,�� CH 1IS E E. ' t April 3, 2008 \1Laurie\doc51\28026\Towle Parcel.wpd Pagc 1 of 1 WI '25 •. . ••• •... .•• .••, • ., -, ... , . , , , . . . . , , , , . .. .. . ... ,.,............., .. . , f�1 il EXH it i T - fi:o . _ .._, G. i s . . .. 9 - -o 9...-- ,.. $19 -•- '6 0. VG.. - -- -CP _4 V .- . ,- - \PPP 90 oNP:.., -.--..'Ca.ikC 06 ..' , -...-:644\ c V - - : --`‘.-64) 0411‘-‘'' i . ..'\i° 1405C),.C ' - . . _, ,. „ .. - -.: . -- , .,_, . --\.,., L` , ...- - -.-- , .,-,, , -,, \ ,,,,, . ,,, v, . . , . D a co o . . &Jco • TOWN PARCEL NNo N N 'P ,, �+ N Cr; .. \% -r) 0\C 1\\ ‘,.+,•N(�j • 5 (RETAINED i7z, ti. . �bkSN PARCEL} �, 6:._, T.P.O.B. Y 0 0, g q , -� SOUTHERN- zsz,„ 4 .0 0-6, u ,. . _ MOST CORNER 3� OF PROPERTY (:: a \ IN DKT. . 10237, PG. _. 216 6 �- Y° NORTH o SC ALE: 1 =150' COMMENCEMENT CO CD ©COPYRIGHT OPW ENGINEERING. LLC 2008 S2 D OPW ENGINEERING, L.L. C. !err.+ .,..•....*r:. _a. a _•,,En•i!!:::"!: • - .. - ....-',.--m•---,''•••'17'-,-'•-,:7 LX...t•-'.".•••••=-7.7••''' --:".' •--.7:*•.•..::.:- °I 7000 B. Tanque Verde Road #37 EXHIBIT OF TOWN PARCEL op �� Tucson, ,,rhona evils Phone (620) 298-8544-854! OPW JOB NO. 08026-102 r• EXHIBIT"2" RETAINED PARCEL LEGAL DESCRIPTION OPW JOB NO. 08026-102 ALL OF THAT PORTION OF SECTION 29, TOWNSHIP 11 SOUTH, RANGE 14 EAST, G&SRBM, PIMA COUNTY, ARIZONA, BEING A PORTION OF THAT PROPERTY DESCRIBED IN DOCKET 10237 AT PAGE 2166,MORE PARTICULARLY DESCRIBED AS FOLLOWS: .3 BEGINNING AT THE SOUTHERNMOST CORNER OF SAID PROPERTY DESCRIBED IN 10237 AT PAGE 2166,BEING A POINT ON A CURVE URVE ON THE NORTH RIGHT-OF- WAY OF RANCHO VISTOSO BOULEVARD,AS RECORDED IN DOCKET 7868 AT PAGE 1456,FROM WHICH THE RADIUS BEARS N 16° 39'44"E; THENCE NORTHWESTERLY ALONG SAID RIGHT-OF-WAY, ALONG A CURVE TO THE RIGHT, WHICH HAS A RADIUS OF 1425.00 FEET AND A CENTRAL ANGLE OF 20° 10'31", AN ARC LENGTH OF_501.78 FEET TO A POINT; THENCE N 370 5 6'07"E,A DISTANCE OF 355.70 FEET TO A POINT ON THE SOUTHWESTLINE OF THAT PROPERTY DESCRIBEDRIBED IN DOCKET 10617 AT PAGE 1897; 50° 13" OF 394.51 FEET THENCE S 04' E,ALONG SAID SOUTHWEST LINE,A DISTANCE TO A POINT ON THE EAST LINE OF SAID PROPERTY DESCRIBED IN DOCKET 10237 AT PAGE 2166; THENCE S 16° 39'44" W,ALONG THE EAST LINE OF SAID PROPERTY,A DISTANCE OF 263.06 FEET TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINING 142,100 SQ. FT. OR 1262 ACRES. •`. .vim,V �' {1.`• r C111t5 E. MORRISONa t -- 0:1 CM:crn April 3, 2008 \\Laurie\doc 51\2 8026\Retained Pareel.wpd • Page I of 1 • - . ,. .. , .. .•, ,, . ••• . 1 . .. . . . . . .. EXH1 *-IT 9,2,, ..,- ,,-- ,_ . ir„ _ _•---,,,i .._..., _ ,- -v-G. , . . .----,9, - ibrb,- .. „..),, -.,,„. vG, ' .-.- "s40* eo, --- - 1,-- V cita- --- • Ix- NO' U -- 'c5i4 V - .'-.0(3? 4” -. . --- ‘k, / ee . ..0--0-"-c,..t,-tr:cici,..v.',00:., . .. .' erj- 0 -- -... SA CP..,-'-- N:D . • /\iN \\ - 1. a_ \ / \\ /.. . , C:'‘ \ , . . • V . / '. (TOWN • PARCEL) / N.N ,.- \111-7+‘ S. cn \'-4, , .0 0 <sN. RETAINED • .� �` ~, PARCEL (::1 \ mai, '966�� �� . •c) c:in �� '� is at �� --Mb T•Pe 0e B• . 2 D SOUTHERN- -P - MOST CORNER OF PROPERTY U IN DKT. % ORTH10237, PG. ; 2166 a SCALE: 1" =150' a 0 COPYRIGHT OPW ENGINEERING, LLC 2008 0 --, OPW ENGINEERING L.L. 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Tanque Verde RoAa #37 EXHIBIT OF RETAINED PARCEL 0 I:5Tucson, Arizona 86715 Phone 4520) 298--9544 OPW JOB N0. 08026-102 is EXHIBIT"3" �x SHARED ACCESS EASEMENT AREA LEGAL DESCRIPTION • OPW JOB NO. 03026-102 ALL OF THAT PORTION OF SECTION 29, TOWNSHIP 11 SOUTH, RANGE 14 EAST, G&SRBM, PIMA COUNTY, ARIZONA, BEING A PORTION OF THAT PROPERTY DESCRIBED IN DOCKET 10237 AT PAGE 2166, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHERNMOST CORNER OF SAID PROPERTY DESCRIBED INDOC DOCKET 10237 AT PAGE 2166,BEING A POINT ON A CURVE ON THE NORTH RIGHT- OF-WAY ASRECORDED IN DOCKET 7868 AT PAGE OF-WAY OF RANCHO VISTOSO BOULEVARD, , 1456,FROM WHICH THE RADIUS BEARS N 16°39'44" E; ' NORTHWESTERLY ALONG SAID RIGHT-OF-WAY,ALONG A CURVE TO THE THENCE NO CENTRAL ANGLE OF 20° 10'31", RIGHT,WHICH HAS A RADIUS OF 1425.00 FEET ANDA C AN ARC LENGTH OF 501.7g-FET TO THE TRUE.POINT OF BEGINNING; THENCE CONTINUING NORTHWESTERLY ALONG SAID RIGHT-OF-WAY, ALONG A CURVE TO THE RIGHT, WHICH HAS A RADIUS OF 1425.00 FEET AND A CENTRAL ANGLE OF 03° 35'43",AN ARC LENGTH OF 89.42 FEET TO A POINT; THENCE N 37° 56' 07" E,A I/STANCE OF 83.92 FEET TO A POINT; THENCE S 52° 03' 53" E,A DISTANCE OF 89.40 FEET TO A POINT; THENCE S 37° 56' 07" W, A DISTANCE OF 85.02 FEET TO THE TRUE POINT OF BEGINNING. • • •• .., t 26928 Ai#4, C RRIZ E. I kiO ICS g.:‘P INV 00 1 CM:cm April 18. 2008 1\Laurie\doc512`28026\tShared Access Easement Arca.wpd • Page 1 of 1 cr ,. .• •••• ••-. " -, .'"-.. -•• - - .•- • . " , ,... . . ..... .....•.-.,. , - • ••••.,--•. ., . - • • •.,. , . .. ._ .. ,.., .....,_ ...., ", ,, - ExH 1 :,.. 1 T ...• - :.,. -. ,----0 - ri. ,.. .- - .. ,64,,,-,,i?crivp, .:.,,-. ?G. - - , -tk-#c• , . .,- -- ,o, to- , . 6°1? , • -c-. \,- 'DO:-' ' ...,4-c.,-"ck-c%. - ... ,- --p_in.'- CP ik.C.'/'.--' --'.-CP- n04' - ' .A t V 1. L D X ` t <I ,i) ® O (TOWN 4> en ,, . PARCEL) , 6'6 1/45b s.•N • \\,(91 ■ •IIIIIIII ,, ' air 1e-�; SHARED �1 .- ■■..■■ D. �' '4 � iiir:.. , ACCESS t -,..., EASEMENT N. PARCEL) AREA c SOUTHERN— MOST CORNER T.P.O.B. OF PROPERTY D w • IN DKT, 4-1 - 10237, PG. u 2160 1SRTH POINT OF w SCALE: 1" =150' COMMENCEMENT., CU o ' OD ©COPYRIGHT OPVV ENGINEERING, LLC 2008 cp tn -QOPW L.L. C. �T I I1�T _ 5 7000 E. Ta,nque Verde Toad #37 EXHIBIT OF� SHARED ACCESS �1 Tucson, Arkons 86736 EASEMENT AREA ilipil i Phone (5W) 296-8544 OPW JOB NO. 08026-102 E„, TOWN OF ORO VALLEY SWOUNCIL COMMUNICATION MEETING DATE: JUNE 4,2008 TO: HONORABLE MAYOR AND COUNCIL FROM: DANIEL G. SHARP,CHIEF OF POLICE SUBJECT: RESOLUTION(R) 08- 43 APPROVING THE HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA) GRANT AGREEMENT BETWEEN THE ARIZONA CRIMINAL JUSTICE COMMISSION (ACJC)AND THE TOWN OF ORO VALLEY,ALLOWING FOR ONE (1) OFFICER TO BE ASSIGNED TO THE PIMA COUNTY/TUCSON METROPOLITAN COUNTER NARCOTICS ALLIANCE (PCHITF). SUMMARY: Request is being made to enter into an Agreement(HIDTA Cycle 18—HT-18-08-1610) between the Arizona Criminal Justice Commission (ACJC) and the Oro Valley Police Department for the participation and administration of a multi-agency High Intensity Drug Trafficking Area (HIDTA) task force. When approved this agreement will provide for salary and fringe benefits in the amount of$78,169.00 for one(1)Town of Oro Valley Police Department officer. The officer will be assigned to PCHITF— Pima County/Tucson Metropolitan Counter Narcotics Alliance. The agreement is effective on October 1, 2008 and will terminate on September 30, 2009. FISCAL IMPACT: 4liaw'2008/2009 budget= $78,169.00 ATTACHMENTS: 1. Resolution No. (R) 08-43 2. Two(2)originals of the Agreement HT 18-08-1610(HIDTA Cycle 18—PCHITF)for signatures. RECOMMENDATIONS: Acceptance is recommended. SUGGESTED MOTION: I move that Resolution No. (R) 08-43 be adopted. 4 I . Daniel G. Sharp, hiefof '•lice Od-er-4441 -1' ��Wun David L. Andrews, Town Manager RESOLUTION NO. (R) 08-43 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, APPROVING THE HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA) GRANT AGREEMENT BETWEEN THE ARIZONA CRIMINAL JUSTICE COMMISSION (ACJC) AND THE TOWN OF ORO VALLEY, ALLOWING FOR ONE (1) OFFICER TO BE ASSIGNED TO THE PIMA COUNTY HIDTA INVESTIGATIVE TASK FORCE (PCHITF). WHEREAS, the Town of Oro Valley is a municipal corporation within the State of Arizona and is vested with all the rights, privileges and benefits and is entitled to the immunities and exemptions granted to municipalities and political subdivisions under the Constitution and laws of the State of Arizona and the United States; and WHEREAS, the Town of Oro Valley is authorized to establish and maintain the Oro Valley Police Department, pursuant to A.R.S. § 9-240(B)(12); and WHEREAS, the Town of Oro Valley desires to enter into a Grant Agreement with the Arizona Criminal Justice Commission for the participation and administration of a multi-agency High Intensity Drug Trafficking Area Task Force for a term effective October 1, 2007 through September 30, 2009; and WHEREAS, it is in the best interest of the Town to enter into the Grant Agreement, attached hereto as Exhibit"A" and incorporated herein by the reference, in order to set forth the terms and conditions to provide for the health, safety and welfare of the residents in the Town of Oro Valley. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Oro Valley, Arizona that: 1. The Grant Agreement attached hereto as Exhibit "A" between the Town of Oro Valley and the Arizona Criminal Justice Commission to participate in the High Intensity Drug Trafficking Area (HIDTA) Grant Agreement allowing for one (1) officer to be assigned to for the Pima County HIDTA Investigative Task Force (PCHITF) is hereby approved. 2. The Mayor, Chief of Police and other administrative officials are hereby authorized to take such steps as necessary to execute and implement the terms of the Grant Agreement. \\Ovpd2k2\Admin\CSM\Grant Info\HIDTA PCHITF CYCLE 18\Corrected Resolution for PCHITF Grant Agreement doe Town of Oro Valley Attorney's Office/ch/090407 PASSED AND ADOPTED by the Mayor and Council of the Town of Oro Valley, Arizona, this 4th day of JUNE , 2008. j 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 Page 2 of 2 7 ' C�. ARIZONA CRIMINAL JUSTICE COMMISSION i ti .� ,? HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA) r ~ GRANT AGREEMENT 1982 ACJC Grant Number HT18-08-1610 This Grant Agreement is made this 1sT day of October 2007, by and between the ARIZONA CRIMINAL JUSTICE COMMISSION hereinafter called "COMMISSION" and CITY OF ORO VALLEY, through ORO VALLEY POLICE DEPARTMENT hereinafter called "GRANTEE". The COMMISSION enters into this Agreement pursuant to its authority under the provisions of A.R.S. § 41-2405 (B)(6), and having satisfied itself as to the qualification of GRANTEE; NOW,THEREFORE, it is agreed between the parties as follows: 1. This Agreement will commence on October 1, 2007 and terminate on September 30, 2009. This Agreement expires at the end of the award period unless prior written approval for an extension has been obtained from the COMMISSION. A request for an extension must be received by the COMMISSION sixty (60) days prior to the end of the award period. The COMMISSION may approve an extension that further the goals and objectives of the program and shall determine the length of any extension within ONDCP guidelines. 2. The GRANTEE agrees that grant funds will be used for the Pima County HIDTA Investigative Task Force (PCHITF). 3. The COMMISSION will monitor the performance of the GRANTEE against goals and performance standards outlined in the grant application. Sub-standard performance as determined by the COMMISSION will constitute non-compliance with this Agreement. The GRANTEE shall operate in a manner consistent with and in compliance with the provisions and stipulations of the approved grant application and this Agreement. If the COMMISSION finds non-compliance, the GRANTEE will receive a written notice which identifies the area of non- compliance, and the appropriate corrective action to be taken. If the GRANTEE does not respond within thirty calendar days to this notice, and does not provide sufficient information concerning the steps which are being taken to correct the problem, the COMMISSION may suspend funding or permanently terminate this Agreement or revoke the grant. Any deviation or failure to comply with the purpose and/or conditions of this Agreement without prior written COMMISSION approval may constitute sufficient reason for the COMMISSION to terminate this Agreement, revoke the grant, require the return of all unspent funds, perform an audit of expended funds, and require the return of any previously spent funds which are deemed to have been spent in violation of the purpose or conditions of this grant. 4. This Agreement may be modified only by a written amendment signed by the Executive Director or by persons authorized by the Executive Director on behalf of the COMMISSION and GRANTEE. Any notice given pursuant to this Agreement shall be in writing and shall be considered to have been given when actually received by the following addressee or their agents or employees: A. If to the COMMISSION: Arizona Criminal Justice Commission 1110 W. Washington Street, Suite 230 Phoenix, Arizona 85007 Attn: Program Manager High Intensity Drug Trafficking Area Grant Number HT18-08-1610 Page 2 B. If to the GRANTEE: ORO VALLEY POLICE DEPARTMENT 11000 North La Canada Drive Oro Valley, AZ 85737 Attn: The Honorable Daniel G. Sharp 5. The GRANTEE may make budget adjustments only after written notification with signature approval from Arizona HIDTA Director is provided to the COMMISSION. A grant adjustment notice (GAN) will be issued to the GRANTEE notifying the GRANTEE of the approval. Adjustments or reprogramming of the grantee's budget in an initiative or any reprogramming between initiative and/or agencies; in any amount, require the approval of the Board, the AZ HIDTA Director, and/or the Office of National Drug Control Policy (ONDCP) in accordance with HIDTA Program Policy and Budget Guidance. APPROVED LINE ITEM PROGRAM BUDGET Salaries $48,856.00 Fringe Benefits $17,099.00 Overtime $12,214.00 Travel Not Approved Facilities Not Approved Services Not Approved Equipment Not Approved Supplies Not Approved Other Not Approved TOTAL $78,169.00 Equipment: 4110 Personnel Funded: Officer 6. It is agreed and understood that the total to be paid by the COMMISSION under this Agreement shall not exceed $78,169.00 in Federal funds awarded to the COMMISSION by the Office of National Drug Control Policy. It is agreed and understood that funds will be used to support and enhance activities in accordance with the approved HIDTA Initiative. 7. The GRANTEE understands that financial reports are required for reimbursement of expenditures. 8. Every payment obligation of the COMMISSION under this Agreement is conditioned upon the availability of funds appropriated or allocated for the payment of such obligation. If funds are not allocated and available for the continuance of this Agreement, this Agreement may be terminated by the COMMISSION. No liability shall accrue to the COMMISSION in the event this provision is exercised, and the COMMISSION shall not be obligated or liable for any future payments or for any damages as a result of termination under this paragraph. 9. The GRANTEE understands that prior to the expenditure of confidential funds, an authorized official of the GRANTEE shall sign a certification indicating that he or she has read, understands, and agrees to abide by all of the conditions pertaining to confidential fund expenditures as set forth in ONDCP Financial and Administrative Guide for Cooperative Agreements Guidelines and Exhibit B. 10. The GRANTEE certifies that it will comply with OMB Circular A-102 Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments as codified in 28 CFR Part 66 and OMB Circular A-87 Cost Principles for State, Local and Indian Tribal Governments and HIDTA Program Policy& Budget Guidance. Link: OMB Circulars http:J/www.whitehouse.gov/omb/circulars/index.html High Intensity Drug Trafficking Area Grant Number HT18-08-1610 Page 3 11.The GRANTEE agrees to account for interest earned on Federal grant funds and shall remit interest earned in excess of the allowable amount as indicated in the ONDCP Financial and Administrative Guide for Cooperative Agreements and all unexpended grant funds to the COMMISSION within 30 days after receipt of a written request from the COMMISSION. The GRANTEE agrees to expend all encumbered funds within 90 days of expiration of this award. 12. The GRANTEE agrees to retain all books, account reports, files and other records, (paper and/or electronic) relating to this Agreement and the performance of this Agreement for no less than five (5) years from the last financial report submitted to the Commission. All such documents shall be subject to inspection and audit at reasonable times. 13. For the purpose of this grant, a capital expenditure is $1,000 or above. If the GRANTEE'S policy defines a capital expenditure as less than $1,000, the GRANTEE will use its own policy. The GRANTEE shall maintain a tracking system, in accordance with ONDCP HIDTA Program Policy & Budget Guidance Section 8.04(A), to account for all HIDTA purchased equipment, vehicles, and other items valued at $1,000 or more at the time of purchase. This also includes lower cost, high risk items electronic devices and software, such as but not limited to digital cameras, palm pilots, and GPS devices. The GRANTEE agrees to abide by Section 8.06 that use HIDTA funds to purchase equipment must maintain a current inventory of HIDTA-purchased equipment and must provide that inventory to the HIDTA Director or an ONDCP employee, and/or the Commission upon request. A 100-percent physical inventory of HIDTA-purchased equipment must be conducted at least every two years. 14.The GRANTEE agrees to follow equipment disposition policies outlined in OMB Circular A-102 Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments as codified in 28 CFR, Part 66.32 (e) (1-3) when the equipment is no longer needed for the grant program. When no longer needed for the original program, the equipment may be used in other activities supported by the Office of National Drug Control Policy. Link: OMB Circulars http://www.whitehouse.gov/omb/circulars/index.html The GRANTEE agrees the purchasing agency shall comply with ONDCP HIDTA Program Policy & Budget Guidance Section 8.07 in determining the end of the useful life and disposition of HIDTA purchased equipment. Purchasing agencies must retain documentation of the disposition and provide to the HIDTA Director and the Commission. 15. The GRANTEE agrees to keep time and attendance sheets signed by the employee and supervisory official having first hand knowledge of the work performed by the grant funded employees. The GRANTEE agrees to track overtime expenses in accordance with ONDCP HIDTA Program Policy &Budget Guidance. 16.The GRANTEE will comply with the audit requirements of OMB Circular A-133 Audits of States, Local Governments and Non-Profit Organizations and provide the COMMISSION with the audit report and any findings within 90 days of receipt of such finding. If the report contains no findings, the GRANTEE must provide notification that the audit was completed. Link: OMB Circular A-133 http://www.whitehouse.goviombicircularsiindex.html High Intensity Drug Trafficking Area Grant Number HT18-08-1610 Page 4 410 17. The GRANTEE agrees that it will submit financial reports and supporting documentation to the COMMISSION through the AZ HIDTA Finance Manager on forms/format provided by the COMMISSION, documenting the activities supported by these grant funds. In the event reports are not received on or before the indicated date(s), funding will be suspended until such time as delinquent report(s) are received. These reports are submitted according to the following schedule: Report Period Month of: Due Date: Report Period Month of: Due Date: October 1 - 31 November 25 April 1 - 30 May 25 November 1 - 30 December 25 May 1 - 31 June 25 December 1 - 31 January 25 June 1 - 30 July 25 January 1 - 31 February 25 July 1 - 31 August 25 February 1 - 29 March 25 August 1 - 31 September 25 March 1 - 30 April 25 September 1 - 30 October 25 More frequent reports may be required for GRANTEES who are considered high risk. 18. All goods and services purchased with grant funds must be received by the GRANTEE within 60 days of the expiration of this award. 19.The GRANTEE agrees to obtain ONDCP approval through the Arizona HIDTA Director for all sole-source procurements in excess of $100,000, and provide written notification to the COMMISSION, as indicated in 21 CFR Part 1403.36(d)(4). 20.The GRANTEE agrees to check the U.S. General Service Administration (GSA) Excluded Parties Listing Service as required by Executive Order 12549, as defined in 28 CFR Part 67.510 for individuals, agencies, companies and corporations debarred or suspended from doing business with recipients receiving Federal funds. The GRANTEE agrees not to do business with any individual, agency, company or corporation listed in the Excluded Parties Listing Service. Link: Excluded Parties Listing System http://epls.arnet.gov 21. No funds shall be used to supplant federal, state, county or local funds that would otherwise be made available for such purposes. 22. The GRANTEE assigns to the COMMISSION any claim for overcharges resulting from antitrust violations to the extent that such violations concern materials or services applied by third parties to the GRANTEE in exchange for grant funds provided under this Agreement. 23. The parties agree to use arbitration in the event of disputes in accordance with the provisions of A.R.S. § 12-1501 et seq. 24.The laws of the State of Arizona apply to questions arising under this Agreement and any litigation regarding this Agreement must be maintained in Arizona courts, except as provided in paragraph 25 of this Agreement pertaining to disputes which are subject to arbitration. 25. The GRANTEE understands that grant funds will not be released until all required reports and reversion of funds from the prior year grant are submitted to the COMMISSION. High Intensity Drug Trafficking Area Grant Number HT18-08-1610 Page 5 26. Each party (as "Indemnitor") agrees to indemnify, defend and hold harmless the other party (as "Indemnitee") from and against any and all claims, losses, liability, costs, or expenses, (including reasonable attorney's fees) (hereinafter collectively referred to as "Claims") arising out of bodily injury of any person (including death) or property damage, but only to the extent that such Claims which result in vicarious/derivative liability to the Indemnitee are cased by the act, omission, negligence, misconduct, or other fault of the Indeminitor, its officers, officials, agents, employees, or volunteers. If the GRANTEE is a State agency this paragraph does not apply. 27. Unless GRANTEE is a State agency, GRANTEE shall cause its contractor(s) and subcontractors, if any to indemnify defend, save and hold harmless the State of Arizona, any jurisdictions or agency issuing any permits for any work arising out of this Agreement, and their respective directors, officers, officials, agents, and employees (hereinafter referred to as "indemnitee") from and against any and all claims, actions, liabilities, damages, losses or expenses (including court costs, attorneys' fees, and costs of claim processing, investigation and litigation) (hereinafter referred to as "Claims" ) for bodily injury or personal injury (including death), or loss or damage to tangible or intangible property caused, or alleged to be caused, in whole or in part, by the negligent or willful acts or omissions of GRANTEE'S contractor or any of the directors, officers, agents, or employees or subcontractors of such contractor. This indemnity includes any claim or amount arising out of or recovered under the Worker's Compensation Law or arising out of the failure of such contractor to conform to any federal, state, or local law, statute, ordinance, rule, regulation or court decree. It is the specific intention of the parties that the Indemnitee shall, in all instances, except for Claims arising solely from the negligence or willful acts or omissions of the Imdemnitee, be indemnified by such contractor from and against any and all claims. It is agreed that such contractor will be responsible for primary loss investigation, defense and judgment costs where this indemnification is applicable. Insurance requirements for any contractor used by GRANTEE are incorporated herein by this reference and attached to this Agreement as Exhibit"A". 28. If the GRANTEE is a governmental political subdivision, the GRANTEE agrees to utilize the Data Dictionary, approved and distributed by the COMMISSION, as the data entry standard for information systems when improving or updating an existing Information System. The GRANTEE agrees to utilize the Data Dictionaryas the data entry standard in any new system or when an existing Information System is replaced. 29. If the GRANTEE is a governmental political subdivision, the GRANTEE should, to the extent possible and practical share criminal justice information with other authorized criminal justice agencies. The process control number (PCN) shall be used in accordance with A.R.S. § 41- 1750 when sharing data with other criminal justice agencies as electronic data systems are developed or improved. High Intensity Drug Trafficking Area Grant Number HT18-08-1610 Page 6 30. The GRANTEE agrees to comply with the non-discrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended; 42 USC 3789(d); Title VI of the Civil Rights Act of 1964, as amended; Section 504, Rehabilitation Act of 1973, as amended; Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972 and the Department of Justice regulations 28 CFR Part 54; The Age Discrimination Act of 1975; Department of Justice Non-Discrimination Regulations, 28 CFR Part 42, Subparts C, D, E, G and I; Department of Justice regulations on disability discrimination 28 CFR Part 35; all applicable state laws of A.R.S. § 41-1463; and Executive Orders 1999-4 and 2000-4. These laws prohibit discrimination on the basis of race, color, religion, sex and national origin including Limited English Proficiency (LEP) in the delivery of service. In the event that a Federal or State court or Federal or State administrative agency makes a finding of discrimination after a due process hearing against the GRANTEE, the GRANTEE will forward a copy of the findings to the Office for Civil Rights, Office of Justice Programs and the COMMISSION. 31.The GRANTEE agrees to formulate and keep on file an Equal Employment Opportunity Plan (EEOP) (if grantee is required pursuant to 28 CFR 42.302). The GRANTEE certifies that they have forwarded to the Office for Civil Rights, Office of Justice Programs the EEOP, or certifications that they have prepared and have on file an EEOP, or that they are exempt from EEOP requirements. Failure to comply may result in suspension of the receipt of grant funds. Copies of all submissions such as certifications to or correspondence with the Office for Civil Rights, Office of Justice Programs regarding this requirement must be provided to the COMMISSION by the GRANTEE. 32.The GRANTEE certifies to comply with the Drug-Free Workplace Act of 1988, and implemented in 28 CFR Part 67, Subpart F, for grantees, as defined in 28 CFR, Part 67 Sections 67.615 and 67.620. 33. The GRANTEE agrees to complete and keep on file, as appropriate, Immigration and Naturalization Form (I-9). This form is to be used by recipients to verify that persons are eligible to work in the United States. Additionally the GRANTEE ensures compliance with Executive Order 2005-30 federal immigration laws by state employers and contractors. 34.The GRANTEE agrees to notify the Arizona HIDTA Director and provide written notification to the COMMISSION within ten (10) days in the event that the project official is replaced during the award period. 35. No rights or interest in this Agreement shall be assigned by GRANTEE without prior written approval of the COMMISSION. 36. The GRANTEE agrees that no funds provided, or personnel employed under this Agreement shall be in any way or to any extent engaged in conduct of political activities in violation of U.S.C. Title 5, Part II, Chapter 15, Section 1502. 37. The GRANTEE certifies that it presently has no financial interest and shall not acquire any financial interest, direct or indirect, which would conflict in any manner or degree with the performance of services required under this Agreement. High Intensity Drug Trafficking Area Grant Number HT18-08-1610 Page 7 38. The Grantee certifies that no federal funds will be paid, by or on behalf of, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into any cooperative agreement, and for the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan or cooperative agreement. If any funds other than Federal funds are paid or will be paid to any person for influencing or attempting to influence an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal award, grant loan, or cooperative agreement, the GRANTEE will complete and submit to the COMMISSION Standard Form-LLL,"Disclosure Form to Report Lobbying"in accordance with its instructions. 39.This Agreement is subject to cancellation pursuant to the provision of A.R.S. § 38-511. 40. This Agreement may be cancelled at the COMMISSION'S discretion if not returned with authorized signatures to the COMMISSION within 90 days of commencement of the award. 41. If any provision of this Agreement is held invalid the remainder of the Agreement shall not be affected thereby and all other parts of this Agreement shall be in full force and effect. High Intensity Drug Trafficking Area Grant Number HT18-08-1610 Page 8 IN WITNESS WHEREOF, the parties have made and executed the Agreement the day and year first above written. FOR GRANTEE: Mayor Or City Manager Date Note: If applicable, the Agreement must be approved by the appropriate county supervisory board or municipal council and appropriate local counsel (i.e. county or city attorney). Furthermore, if applicable, resolutions and meeting minutes must be forwarded to the Commission with the signed Agreement. Approved as to form and authority to enter into Agreement: Legal counsel for GRANTEE Date Statutory or other legal authority to enter into Agreement: Appropriate A.R.S., ordinance, or charter reference FOR CRIMINAL JUSTICE COMMISSION: John A. Blackburn Jr., Executive Director Date Arizona Criminal Justice Commission �,t..J USi. !./r p c. ARIZONA CRIMINAL JUSTICE COMMISSION it,.� r- ic GRANT AGREEMENT joy /98 Insurance Requirements Exhibit"A" Insurance Requirements for Governmental Parties to a Grant Agreement: None. Insurance Requirements for Any Contractors Used by a Party to the Grant Agreement: (Note: this applies only to Contractors used by a governmental entity, not to the governmental entity itself)The insurance requirements herein are minimum requirements and in no way limit the indemnity covenants contained in the Intergovernmental Agreement. The State of Arizona in no way warrants that the minimum limits contained herein are sufficient to protect the governmental entity or Contractor from liabilities that might arise out of the performance of the work under this Contract by the Contractor, his agents, representatives, employees or subcontractors, and Contractor and the governmental entity are free to purchase additional insurance. A. MINIMUM SCOPE AND LIMITS OF INSURANCE: Contractor shall provide coverage with limits of liability not less than those stated below. 1. Commercial General Liability—Occurrence Form Policy shall include bodily injury, property damage, personal injury and broad form contractual liability. • General Aggregate $2,000,000 • Products—Completed Operations Aggregate $1,000,000 • Personal and Advertising Injury $1,000,000 • Blanket Contractual Liability—Written and Oral $1,000,000 • Fire Legal Liability $50,000 • Each Occurrence $1,000,000 a. The policy shall be endorsed to include the following additional insured language: "The State of Arizona, its departments, agencies, boards, commissions, universities and its officers, officials, agents, and employees shall be named as additional insureds with respect to liability arising out of the activities performed by or on behalf of the Contractor'; (Note that the other governmental entity(ies) is/are also required to be additional insured(s)and they should supply the Contractor with their own list of persons to be insured.) b. Policy shall contain a waiver of subrogation against the State of Arizona, its departments, agencies, boards, commissions, universities and its officers, officials, agents, and employees for losses arising from work performed by or on behalf of the Contractor. Exhibit"A"Page 2 2. Automobile Liability Bodily Injury and Property Damage for any owned, hired, and/or non-owned vehicles used in the performance of this Contract. Combined Single Limit (CSL) $1,000,000 a. The policy shall be endorsed to include the following additional insured language: "The State of Arizona, its departments, agencies, boards, commissions, universities and its officers, officials, agents, and employees shall be named as additional insureds with respect to liability arising out of the activities performed by or on behalf of the Contractor, involving automobiles owned, leased, hired or borrowed by the Contractor'; (Note that the other governmental entity(ies) is/are also required to be additional insured(s)and they should supply the Contractor with their own list of persons to be insured.) 3. Worker's Compensation and Employers' Liability Workers' Compensation Statutory Employers' Liability Each Accident $500,000 Disease— Each Employee $500,000 Disease— Policy Limit $1,000,000 a. Policy shall contain a waiver of subrogation against the State of Arizona, its departments, agencies, boards, commissions, universities and its officers, officials, agents, and employees for losses arising from work performed by or on behalf of the Contractor. b. This requirement shall not apply to: Separately, EACH contractor or subcontractor exempt under A.R.S. 23-901, AND when such contractor or subcontractor executes the appropriate waiver (Sole Proprietor/Independent Contractor) form. B. ADDITIONAL INSURANCE REQUIREMENTS: The policies are to contain, or be endorsed to contain, the following provisions: 1. The State of Arizona, its departments, agencies, boards, commissions, universities and its officers, officials, agents, and employees and the other governmental entity shall be additional insureds to the full limits of liability purchased by the Contractor even if those limits of liability are in excess of those required by the Contract. 2. The Contractor's insurance coverage shall be primary insurance with respect to all other available sources. 3. The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. Coverage provided by the Contractor shall not be limited to the liability assumed under the indemnification provisions of its Contract with the other governmental entity(ies) party to the Grant Agreement. Exhibit"A"Page 3 C. NOTICE OF CANCELLATION: Each insurance policy required by the insurance provisions of this Contract shall not be suspended, voided, cancelled, reduced in coverage or in limits except after thirty (30) days prior written notice has been given the State of Arizona. Such notice shall be sent directly to the GRANTEE and shall be sent by certified mail, return receipt requested. D. ACCEPTABILITY OF INSURERS: Insurance is to be placed with duly licensed or approved non- admitted insurers in the State of Arizona with an"A.M. Best" rating of not less than A- VII. The State of Arizona in no way warrants that the above-required minimum insurer rating is sufficient to protect the Contractor from potential insurer insolvency. E. VERIFICATION OF COVERAGE: Contractor shall furnish the GRANTEE with certificates of insurance (ACORD form or equivalent approved by the State of Arizona) as required by this Contract. The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements are to be received and approved before work commences. Each insurance policy required by this Contract must be in effect at or prior to commencement of work under this Contract and remain in effect for the duration of the project. Failure to maintain the insurance policies as required by this Contract, or to provide evidence of renewal, is a material breach of contract. All certificates required by this Contract shall be sent directly to the GRANTEE The State of Arizona project/contract number and project description are to be noted on the certificate of insurance. The State of Arizona and the Arizona Criminal Justice Commission reserves the right to require complete, certified copies of all insurance policies required by this Contract at any time. DO NOT SEND CERTIFICATES OF INSURANCE TO THE STATE OF ARIZONA'S RISK MANAGEMENT SECTION. F. SUBCONTRACTORS: Contractor's certificate(s) shall include all subcontractors as insureds under its policies or Contractor shall furnish to the county or local government agency responsible separate certificates for each subcontractor. All coverage's for subcontractors shall be subject to the minimum requirements identified above. G. APPROVAL: Any modification or variation from the insurance requirements must have prior approval from the State of Arizona Department of Administration, Risk Management Section, whose decision shall be final. Such action will not require a formal contract amendment, but may be made by administrative action. H. EXCEPTIONS: In the event the Contractor or sub-contractor(s) is/are a public entity, then the Insurance Requirements shall not apply. Such public entity shall provide a Certificate of Self- Insurance. If the contractor or sub-contractor(s) is/are a State of Arizona agency, board, commission, or university then none of the above shall apply. • -��' �� ARIZONA CRIMINAL JUSTICE COMMISSION irt ' HIGH INTENSITY DRUG TRAFFICKING AREA (H I DTA ) GRANT AGREEMENT /981 Confidential Funds Certification Exhibit"B" CONFIDENTIAL FUNDS CERTIFICATION This is to certify that I have read, understand, and agree to abide by all of the conditions for confidential funds as set forth in the effective edition of the Office of National Drug Control Policy Financial and Administrative Guide. Grant Number: HT18-08-1610 Date: Signature: Authorized Official PROCEDURES Each project agency authorized to disburse confidential funds must develop and follow internal procedures which incorporate the following elements: Deviations from these elements must receive prior approval of the ONDCP. 1. Imprest Fund. The funds authorized will be established in an imprest fund which is controlled by a bonded cashier. 2. Advance of Funds: The supervisor of the unit to which the imprest funds is assigned must authorize all advances of funds for the P/I. Such authorization must specify the information be received, the amount of expenditures, and assume name of informant. 3. Informant Files: Informant files are confidential files of the true names, assumed names, and signature of all informants to whom payments of confidential expenditures have been made. To the extent possible, pictures and/or fingerprints of the informant payee should also be maintained. Refer to Informant Files "Documentation" (2) for a list of required documents for the informant files. 4. Cash Receipts. a. The cashier shall receive from the agent or officer authorized to make a confidential payment, receipt for cash advanced to him/her for such purposes. b. The agent or officer shall receive from the informant payee a receipt for cash paid to him/her. Exhibit"B"Page 2 5. Receipt for Purchase of Information. An Informant Payee Receipt shall identify the exact amount paid to and received by the informant payee on the date executed. Cumulative or anticipatory receipts are not permitted. Once the receipt has been completed no alteration is allowed. The agent shall prepare an Informant Payee Receipt containing the following information: a. The jurisdiction initiating the payment. b. A description of the information/evidence received. c. The amount of payment, both in numeral and word form. d. The date on which the payment was made. e. The signature of the informant payee. f. The signature of the case agent or officer making payment. g. The signature of at least one other officer witnessing the payment. h. The signature of the first-line supervisor authorizing and certifying the payment. 6. Review and Certification. The signed Informant Payee Receipt with a memorandum detailing the information received shall be forwarded to the agent or officer in charge. The agent or officer in charge shall compare the signatures. He/she shall also evaluate the information received in relation to the expense incurred, and add his/her evaluation remarks to the report of the agent or officer who made the expenditure from the imprest funds. The certification will be witnessed by the agent or officer in charge on the basis of the report and Informant Payee's Receipt. .. ' 7. Reporting of Funds. Each project shall prepare a reconciliation report on the imprest funds on a quarterly basis. Information to be included in the reconciliation report will be the assumed name of the informant payee, the amount received, the nature of the information given, and to what extent this information contributed to the investigation. Recipients/subrecipients shall retain the reconciliation report in their files and shall be available for review unless the State agency requests that the report be submitted to them on a quarterly basis. 8. Record and Audit Provisions. Each project and member agency must maintain specific records of each confidential fund transaction. At a minimum, these records must consist of all documentation concerning the request for funds, processing (to include the review and approve/disapprove), modifications, closure or impact material, and receipts and/or other documentation necessary to justify and track all expenditures. Refer to Informant Files Documentation (2) for a list of documents which should be in an informant's file. In projects where funds are used for confidential expenditures, it will be understood that all of the above records, except the true name of the informant, are subject to the record and audit provision of grantor agency legislation. Exhibit"B"Page 3 INFORMANT FILES 1. Security. A separate file should be established for each informant for accounting purposes. Informant files should be kept in a separate and secure storage facility, segregated from any other files, and under the exclusive control of the supervisor or an employee designated by him/her. The facility should be locked at all times when unattended. Access to these files should be limited to those employees who have a necessary legitimate need. An informant file should not leave the immediate area except for review by a management official or the handling agent, and should be returned prior to the close of business hours. Sign-out logs should be kept indicating the date, informant number, time in and out, and the signature of the person reviewing the file. 2. Documentation. Each file should include the following information: a. Informant Payment Record - kept on top of the file. This record provides a summary of informant payments. b. Informant Establishment Record - including complete identifying and location data, plus any other documents connected with the informant's establishment. c. Current photograph and fingerprint card (or FBI/State Criminal Identification Number). d. Agreement with cooperating individual. e. Receipt for P/I. f. Copies of all debriefing reports (except for the Headquarters case file). g. Copies of case initiation reports bearing on the utilization of the informant (except for the Headquarters case file). h. Copies of statements signed by the informant (unsigned copies will be placed in appropriate investigative files). i. Any administrative correspondence pertaining to the informant, including documentation of any representations made on his behalf or any other nonmonetary considerations furnished. j. Any deactivation report or declaration of any unsatisfactory informant. INFORMANT MANAGEMENT AND UTILIZATION All persons who will be utilized as informants should be established as such. The specific procedures required in establishing a person as an informant may vary from jurisdiction to jurisdiction but, at a minimum, should include the following: 1. Assignment of an informant code name to protect the informant's identity. Exhibit"B" Page 4 2. An informant code book controlled by the supervisor or his/her designee containing: a. Informant's code number. b. Type of information (i.e. informant, defendant/informant, restricted use/informant). c. Informant's true name. d. Name of establishing law enforcement officer. e. Date the establishment is approved. f. Date of deactivation. 3. Establish each informant file in accordance with Informant File Documentation (2). 4. For each informant in an active status, the agent should review the informant file on a quarterly basis to assure it contains all relevant and current information. Where a MATERIAL face that was earlier reported on the Establishment Record is no longer correct (e.g. a change in criminal status, means of locating him/her, etc.), a supplemental establishing report should be submitted with the correct entry. 5. All informants being established should be checked in all available criminal indices. If verified FBI number is available, request a copy of the criminal records from the FBI. Where a verified FBI number is not available, the informant should be fingerprinted with a copy sent to the FBI and appropriate State authorities for analysis. The 111110 informant may be utilized on a provisional basis while awaiting a response from the FBI. PAYMENTS TO INFORMANTS 1. Any person who is to receive payments charged against PE/PI funds should be established as an informant. This includes a person who may otherwise be categorized as sources of information or informants under the control of another agency. The amount of payment should be commensurate with the value of services and/or information provided and should be based on the following factors: a. The level of the targeted individual, organization or operation. b. The amount of the actual or potential seizure. c. The significance of the contribution made by the informant to the desired objectives. 2. There are various circumstances in which payments to informants may be made. a. Payments for Information and/or Active Participation. When an informant assists in developing an investigation, either through supplying information or actively participating in it, he/she may be paid for his/her service either in a lump sum or in staggered payments. Payments for information leading to a seizure, with no defendants, should be held to a minimum. Exhibit"B"Page 5 b. Payment for Informant Protection. When an informant needs protection, law enforcement agencies may absorb the expenses of relocation. These expenses may include travel for the informant and his/her immediate family, movement and/or storage of household goods, and living expense at the new location for a specific period of time (not to exceed 6 months). Payments should not exceed the amounts authorized by law enforcement employees for these activities. c. Payments to Informants of Another Agency. To use or pay another agency's informant, he/she should be established as an informant. These payments should not be a duplication of a payment from another agency; however, sharing a payment is acceptable. 3. Documentation of payments to informants is critical and should be accomplished on a Informant Payee Receipt. Payment should be made and witnessed by two law enforcement officers and authorized payment amounts should be established and reviewed by at least the first line supervisory level. In unusual circumstances, a non- officer employee or an officer of another law enforcement agency may serve as witness. In all instances, the original signed receipt must be submitted to the project director for review and record keeping. ACCOUNTING AND CONTROL PROCEDURES Special accounting and control procedures should govern the use and handling of confidential expenditures, as described below: 1. It is important that expenditures which conceptually should be charged to PE/PI/PS are so charged. It is only in this manner that these funds may be properly managed at all levels, and accurate forecasts of projected needs be made. 2. Each law enforcement entity should apportion its PE/PI/PS allowance throughout its jurisdiction and delegate authority to approve PE/PI/PS expenditures to those offices, as it deems appropriate. 3. Headquarters management should establish guidelines authorizing offices to spend up to a predetermined limit of their total allowance on any buy or investigation. 4. In exercising his/her authority to approve these expenditures, the supervisor should consider: a. The significance of the investigation. b. The need for this expenditure to further the investigation. c. Anticipated expenditures in other investigations. Exhibit"B"Page 6 Funds for PE/PI/PS expenditures should be advanced to the officer for a specific purpose. If they are not expended for that purpose, they should be returned to the cashier. They should not be used for another purpose without first returning them and repeating the authorization and advance process based on the new purpose. 5. Funds for PE/PI/PS expenditure should be advanced to the officer on suitable receipt form. Informant Payee Receipt or a voucher for P/E should be completed to document funds used in the purchase of evidence or funds paid or advanced to an informant. 6. For security purposes there should be a 48-hour limit on the amount of time funds advanced for PE/PI/PS expenditure may be held outstanding. If it becomes apparent at any point within the 48-hour period that the expenditure will not materialize, the funds should be returned to the cashier as soon as possible. An extension of the 48- hour limit may be granted by the level of management that approved the advance. Factors to consider in granting such an extension are: a. The amount of funds involved. b. The degree of security under which the funds are being held. c. How long an extension is required. d. The significance of the expenditure. Such extensions should be limited to 48 hours. Beyond this, the funds should be returned and readvanced, if necessary. Regardless of circumstances, within 48 hours of the advance, the cashier should be presented with either the unexpended funds, an executed Informant Payee Receipt or purchase of evidence or written notification by management that an extension has been granted. 7. P/S expenditures, when not endangering the safety of the officer or informant, need to be supported by canceled tickets, receipts, lease agreements, etc. If not available, the supervisor, or his immediate subordinate, must certify that the expenditures were necessary and justify why supporting documents were not obtained. • ____. TOWN OF ORO VALLEY F COUNCIL COMMUNICATION MEETING DATE: JUNE 4,2008 TO: HONORABLE MAYOR AND COUNCIL FROM: DANIEL G. SHARP,CHIEF OF POLICE SUBJECT: RESOLUTION(R)08- 44 APPROVING THE HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA) GRANT AGREEMENT BETWEEN THE ARIZONA CRIMINAL JUSTICE COMMISSION (ACJC)AND THE TOWN OF ORO VALLEY,ALLOWING FOR TWO (2) OFFICERS TO BE ASSIGNED TO THE PIMA COUNTY/ TUCSON METROPOLITAN COUNTER NARCOTICS ALLIANCE (CNA). SUMMARY: Request is being made to enter into an Agreement(HIDTA Cycle 18—HT-18-08-1712)between the Arizona Criminal Justice Commission (ACJC) and the Oro Valley Police Department for the participation and administration of a multi-agency High Intensity Drug Trafficking Area (HIDTA) task force. When approved this agreement will provide for salary and fringe benefits in the amount of$99,796.00 for two (2) Town of Oro Valley Police Department officers. The two officers will be assigned to CNA — Counter Narcotics Alliance. The agreement is effective on October 1, 2008 and will terminate on September 30, 2009. FISCAL IMPACT: �Y 2008/2009 budget=$99,796.00 ATTACHMENTS: 1. Resolution No. (R) 08-44 2. Two(2)originals of the Agreement HT 18-08-1712(HIDTA Cycle 18—C.N.A.) for signatures. RECOMMENDATIONS: Acceptance is recommended. SUGGESTED MOTION: I move that Resolution No.(R) 08-44 be adopted. I 4 IP ., Daniel G. Sw.rp, chief of '9;lice Ikkiw 0 David L. Andrews,Town Manager RESOLUTION NO. (R) 08-44 Nap- A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, APPROVING THE HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA) GRANT AGREEMENT BETWEEN THE ARIZONA CRIMINAL JUSTICE COMMISSION (ACJC) AND THE TOWN OF ORO VALLEY, ALLOWING FOR TWO (2) OFFICERS TO BE ASSIGNED TO THE PIMA COUNTY / TUCSON METROPOLITAN COUNTER NARCOTICS ALLIANCE (CNA). WHEREAS, the Town of Oro Valley is a municipal corporation within the State of Arizona and is vested with all the rights, privileges and benefits and is entitled to the immunities and exemptions granted to municipalities and political subdivisions under the Constitution and laws of the State of Arizona and the United States; and WHEREAS, the Town of Oro Valley is authorized to establish and maintain the Oro Valley Police Department, pursuant to A.R.S. § 9-240(B)(12); and WHEREAS, the Town of Oro Valley desires to enter into a Grant Agreement with the Arizona Criminal Justice Commission for the participation and administration of a multi-agency High Intensity Drug Trafficking Area Task Force for a term effective October 1, 2007 through 'oimor September 30, 2009; and WHEREAS, it is in the best interest of the Town to enter into the Grant Agreement, attached hereto as Exhibit "A" and incorporated herein by the reference, in order to set forth the terms and conditions to provide for the health, safety and welfare of the residents in the Town of Oro Valley. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Oro Valley, Arizona that: 1. The Grant Agreement attached hereto as Exhibit "A" between the Town of Oro Valley and the Arizona Criminal Justice Commission to participate in the High Intensity Drug Trafficking Area Grant Agreement allowing for two (2) officers to be assigned to the Pima County / Tucson Metropolitan Counter Narcotics Alliance (CNA) is hereby approved. 2. The Mayor, Chief of Police and other administrative officials are hereby authorized to take such steps as necessary to execute and implement the terms of the Grant Agreement. \\Ovpd2k2\admin\CSM\Grant Info\HIDTA CNA CYCLE l8\Corrected Resolution for CNA Grant Agreement.doc Town of Oro Valley Attorney's Office/ch/090407 PASSED AND ADOPTED by the Mayor and Council of the Town of Oro Valley, Arizona, this Id 4th day of JUNE , 2008. 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 4,44 Page 2 of 2 ARI0 Z NA CRIMINAL JUSTICE COMMISSION ;� v r ./ S HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA) GRANT AGREEMENT r9S AOC Grant Number HT18-08-1712 This Grant Agreement is made this 1sT day of October 2007, by and between the ARIZONA CRIMINAL JUSTICE COMMISSION hereinafter called `COMMISSION" and CITY OF ORO VALLEY, through ORO VALLEY POLICE DEPARTMENT hereinafter called "GRANTEE". The COMMISSION enters into this Agreement pursuant to its authority under the provisions of A.R.S. § 41-2405 (B)(6), and having satisfied itself as to the qualification of GRANTEE; NOW, THEREFORE, it is agreed between the parties as follows: 1. This Agreement will commence on October 1, 2007 and terminate on September 30, 2009. This Agreement expires at the end of the award period unless prior written approval for an extension has been obtained from the COMMISSION. A request for an extension must be received by the COMMISSION sixty (60) days prior to the end of the award period. The COMMISSION may approve an extension that further the goals and objectives of the program and shall determine the length of any extension within ONDCP guidelines. 2. The GRANTEE agrees that grant funds will be used for the Pima County/Tucson Metro County Narcotics Alliance (CNA). 3. The COMMISSION will monitor the performance of the GRANTEE against goals and performance standards outlined in the grant application. Sub-standard performance as determined by the COMMISSION will constitute non-compliance with this Agreement. The GRANTEE shall operate in a manner consistent with and in compliance with the provisions and stipulations of the approved grant application and this Agreement. If the COMMISSION finds non-compliance, the GRANTEE will receive a written notice which identifies the area of non- compliance, and the appropriate corrective action to be taken. If the GRANTEE does not respond within thirty calendar days to this notice, and does not provide sufficient information concerning the steps which are being taken to correct the problem, the COMMISSION may suspend funding or permanently terminate this Agreement or revoke the grant. Any deviation or failure to comply with the purpose and/or conditions of this Agreement without prior written COMMISSION approval may constitute sufficient reason for the COMMISSION to terminate this Agreement, revoke the grant, require the return of all unspent funds, perform an audit of expended funds, and require the return of any previously spent funds which are deemed to have been spent in violation of the purpose or conditions of this grant. 4. This Agreement may be modified only by a written amendment signed by the Executive Director or by persons authorized by the Executive Director on behalf of the COMMISSION and GRANTEE. Any notice given pursuant to this Agreement shall be in writing and shall be considered to have been given when actually received by the following addressee or their agents or employees: A. If to the COMMISSION: Arizona Criminal Justice Commission 1110 W. Washington Street, Suite 230 Phoenix, Arizona 85007 Attn: Program Manager High Intensity Drug Trafficking Area Grant Number HT18-08-1712 Page 2 B. If to the GRANTEE: ORO VALLEY POLICE DEPARTMENT 11000 North La Canada Drive Oro Valley, AZ 85737 Attn: The Honorable Daniel G. Sharp 5. The GRANTEE may make budget adjustments only after written notification with signature approval from Arizona HIDTA Director is provided to the COMMISSION. A grant adjustment notice (GAN) will be issued to the GRANTEE notifying the GRANTEE of the approval. Adjustments or reprogramming of the grantee's budget in an initiative or any reprogramming between initiative and/or agencies; in any amount, require the approval of the Board, the AZ HIDTA Director, and/or the Office of National Drug Control Policy (ONDCP) in accordance with HIDTA Program Policy and Budget Guidance. APPROVED LINE ITEM PROGRAM BUDGET Salaries $88,406.00 Fringe Benefits $11,390.00 Overtime Not Approved Travel Not Approved Facilities Not Approved Services Not Approved Equipment Not Approved Supplies Not Approved Other Not Approved TOTAL $99,796.00 Equipment: Personnel Funded: 2-FTE Officer 6 . - 6. It is agreed and understood that the total to be paid by the COMMISSION under this Agreement shall not exceed $99,796.00 in Federal funds awarded to the COMMISSION by the Office of National Drug Control Policy. It is agreed and understood that funds will be used to support and enhance activities in accordance with the approved HIDTA Initiative. 7. The GRANTEE understands that financial reports are required for reimbursement of expenditures. 8. Every payment obligation of the COMMISSION under this Agreement is conditioned upon the availability of funds appropriated or allocated for the payment of such obligation. If funds are not allocated and available for the continuance of this Agreement, this Agreement may be terminated by the COMMISSION. No liability shall accrue to the COMMISSION in the event this provision is exercised, and the COMMISSION shall not be obligated or liable for any future payments or for any damages as a result of termination under this paragraph. 9. The GRANTEE understands that prior to the expenditure of confidential funds, an authorized official of the GRANTEE shall sign a certification indicating that he or she has read, understands, and agrees to abide by all of the conditions pertaining to confidential fund expenditures as set forth in ONDCP Financial and Administrative Guide for Cooperative Agreements Guidelines and Exhibit B. 10. The GRANTEE certifies that it will comply with OMB Circular A-102 Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments as codified in 28 CFR Part 66 and OMB Circular A-87 Cost Principles for State, Local and Indian Tribal Governments and HIDTA Program Policy & Budget Guidance. .) Link: OMB Circulars http://www.whitehouse.goviomb/circularsiindex.html High Intensity Drug Trafficking Area Grant Number HT18-08-1712 Page 3 11. The GRANTEE agrees to account for interest earned on Federal grant funds and shall remit interest earned in excess of the allowable amount as indicated in the ONDCP Financial and Administrative Guide for Cooperative Agreements and all unexpended grant funds to the COMMISSION within 30 days after receipt of a written request from the COMMISSION. The GRANTEE agrees to expend all encumbered funds within 90 days of expiration of this award. 12. The GRANTEE agrees to retain all books, account reports, files and other records, (paper and/or electronic) relating to this Agreement and the performance of this Agreement for no less than five (5) years from the last financial report submitted to the Commission. All such documents shall be subject to inspection and audit at reasonable times. 13. For the purpose of this grant, a capital expenditure is $1,000 or above. If the GRANTEE'S policy defines a capital expenditure as less than $1,000, the GRANTEE will use its own policy. The GRANTEE shall maintain a tracking system, in accordance with ONDCP HIDTA Program Policy & Budget Guidance Section 8.04(A), to account for all HIDTA purchased equipment, vehicles, and other items valued at $1,000 or more at the time of purchase. This also includes lower cost, high risk items electronic devices and software, such as but not limited to digital cameras, palm pilots, and GPS devices. The GRANTEE agrees to abide by Section 8.06 that use HIDTA funds to purchase equipment must maintain a current inventory of HIDTA-purchased equipment and must provide that inventory to the HIDTA Director or an ONDCP employee, and/or the Commission upon request. A 100-percent physical inventory of HIDTA-purchased equipment must be conducted at least every two years. 14. The GRANTEE agrees to follow equipment disposition policies outlined in OMB Circular A-102 Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments as codified in 28 CFR, Part 66.32 (e) (1-3) when the equipment is no longer needed for the grant program. When no longer needed for the original program, the equipment may be used in other activities supported by the Office of National Drug Control Policy. Link: OMB Circulars http://www.whitehouse.gov/omb/circulars/index.html The GRANTEE agrees the purchasing agency shall comply with ONDCP HIDTA Program Policy & Budget Guidance Section 8.07 in determining the end of the useful life and disposition of HIDTA purchased equipment. Purchasing agencies must retain documentation of the disposition and provide to the HIDTA Director and the Commission. 15. The GRANTEE agrees to keep time and attendance sheets signed by the employee and supervisory official having first hand knowledge of the work performed by the grant funded employees. The GRANTEE agrees to track overtime expenses in accordance with ONDCP HIDTA Program Policy & Budget Guidance. 16. The GRANTEE will comply with the audit requirements of OMB Circular A-133 Audits of States, Local Governments and Non-Profit Organizations and provide the COMMISSION with the audit report and any findings within 90 days of receipt of such finding. If the report contains no findings, the GRANTEE must provide notification that the audit was completed. Link: OMB Circular A-133 http://www.whitehouse.gov/omb/circulars/index.html High Intensity Drug Trafficking Area Grant Number HT18-08-1712 Page 4 17.The GRANTEE agrees that it will submit financial reports and supporting documentation to the COMMISSION through the AZ HIDTA Finance Manager on forms/format provided by the COMMISSION, documenting the activities supported by these grant funds. In the event reports are not received on or before the indicated date(s), funding will be suspended until such time as delinquent report(s) are received. These reports are submitted according to the following schedule: Report Period Month of: Due Date: Report Period Month of: Due Date: October 1 - 31 November 25 April 1 - 30 May 25 November 1 - 30 December 25 May 1 - 31 June 25 December 1 - 31 January 25 June 1 - 30 July 25 January 1 - 31 February 25 July 1 - 31 August 25 February 1 - 29 March 25 August 1 - 31 September 25 March 1 - 30 April 25 September 1 - 30 October 25 More frequent reports may be required for GRANTEES who are considered high risk. 18. All goods and services purchased with grant funds must be received by the GRANTEE within 60 days of the expiration of this award. 19. The GRANTEE agrees to obtain ONDCP approval through the Arizona HIDTA Director for all sole-source procurements in excess of $100,000, and provide written notification to the COMMISSION, as indicated in 21 CFR Part 1403.36(d)(4). 20. The GRANTEE agrees to check the U.S. General Service Administration (GSA) Excluded Parties Listing Service as required by Executive Order 12549, as defined in 28 CFR Part 67.510 for individuals, agencies, companies and corporations debarred or suspended from doing business with recipients receiving Federal funds. The GRANTEE agrees not to do business with any individual, agency, company or corporation listed in the Excluded Parties Listing Service. Link: Excluded Parties Listing System http://epls.arnet.gov 21. No funds shall be used to supplant federal, state, county or local funds that would otherwise be made available for such purposes. 22. The GRANTEE assigns to the COMMISSION any claim for overcharges resulting from antitrust violations to the extent that such violations concern materials or services applied by third parties to the GRANTEE in exchange for grant funds provided under this Agreement. 23.The parties agree to use arbitration in the event of disputes in accordance with the provisions of A.R.S. § 12-1501 et seq. 24.The laws of the State of Arizona apply to questions arising under this Agreement and any litigation regarding this Agreement must be maintained in Arizona courts, except as provided in paragraph 25 of this Agreement pertaining to disputes which are subject to arbitration. 25. The GRANTEE understands that grant funds will not be released until all required reports and reversion of funds from the prior year grant are submitted to the COMMISSION. High Intensity Drug Trafficking Area Grant Number HT18-08-1712 Page 5 26. Each party (as "Indemnitor") agrees to indemnify, defend and hold harmless the other party (as "Indemnitee") from and against any and all claims, losses, liability, costs, or expenses, (including reasonable attorney's fees) (hereinafter collectively referred to as "Claims") arising out of bodily injury of any person (including death) or property damage, but only to the extent that such Claims which result in vicarious/derivative liability to the Indemnitee are cased by the act, omission, negligence, misconduct, or other fault of the Indeminitor, its officers, officials, agents, employees, or volunteers. If the GRANTEE is a State agency this paragraph does not apply. 27. Unless GRANTEE is a State agency, GRANTEE shall cause its contractor(s) and subcontractors, if any to indemnify defend, save and hold harmless the State of Arizona, any jurisdictions or agency issuing any permits for any work arising out of this Agreement, and their respective directors, officers, officials, agents, and employees (hereinafter referred to as "indemnitee") from and against any and all claims, actions, liabilities, damages, losses or expenses (including court costs, attorneys' fees, and costs of claim processing, investigation and litigation) (hereinafter referred to as "Claims" ) for bodily injury or personal injury (including death), or loss or damage to tangible or intangible property caused, or alleged to be caused, in whole or in part, by the negligent or willful acts or omissions of GRANTEE'S contractor or any of the directors, officers, agents, or employees or subcontractors of such contractor. This indemnity includes any claim or amount arising out of or recovered under the Worker's Compensation Law or arising out of the failure of such contractor to conform to any federal, state, or local law, statute, ordinance, rule, regulation or court decree. It is the specific intention of the parties that the Indemnitee shall, in all instances, except for Claims arising solely from the negligence or willful acts or omissions of the Imdemnitee, be indemnified by such contractor from and against any and all claims. It is agreed that such contractor will be responsible for primary loss investigation, defense and judgment costs where this indemnification is applicable. Insurance requirements for any contractor used by GRANTEE are incorporated herein by this reference and attached to this Agreement as Exhibit"A". 28. If the GRANTEE is a governmental political subdivision, the GRANTEE agrees to utilize the Data Dictionary, approved and distributed by the COMMISSION, as the data entry standard for information systems when improving or updating an existing Information System. The GRANTEE agrees to utilize the Data Dictionaryas the data entry standard in any new system or when an existing Information System is replaced. 29. If the GRANTEE is a governmental political subdivision, the GRANTEE should, to the extent possible and practical share criminal justice information with other authorized criminal justice agencies. The process control number (PCN) shall be used in accordance with A.R.S. § 41- 1750 when sharing data with other criminal justice agencies as electronic data systems are developed or improved. High Intensity Drug Trafficking Area Grant Number HT18-08-1712 Page 6 30. The GRANTEE agrees to comply with the non-discrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended; 42 USC 3789(d); Title VI of the Civil Rights Act of 1964, as amended; Section 504, Rehabilitation Act of 1973, as amended; Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972 and the Department of Justice regulations 28 CFR Part 54; The Age Discrimination Act of 1975; Department of Justice Non-Discrimination Regulations, 28 CFR Part 42, Subparts C, D, E, G and I; Department of Justice regulations on disability discrimination 28 CFR Part 35; all applicable state laws of A.R.S. § 41-1463; and Executive Orders 1999-4 and 2000-4. These laws prohibit discrimination on the basis of race, color, religion, sex and national origin including Limited English Proficiency (LEP) in the delivery of service. In the event that a Federal or State court or Federal or State administrative agency makes a finding of discrimination after a due process hearing against the GRANTEE, the GRANTEE will forward a copy of the findings to the Office for Civil Rights, Office of Justice Programs and the COMMISSION. 31. The GRANTEE agrees to formulate and keep on file an Equal Employment Opportunity Plan (EEOP) (if grantee is required pursuant to 28 CFR 42.302). The GRANTEE certifies that they have forwarded to the Office for Civil Rights, Office of Justice Programs the EEOP, or certifications that they have prepared and have on file an EEOP, or that they are exempt from EEOP requirements. Failure to comply may result in suspension of the receipt of grant funds. Copies of all submissions such as certifications to or correspondence with the Office for Civil Rights, Office of Justice Programs regarding this requirement must be provided to the COMMISSION by the GRANTEE. 32.The GRANTEE certifies to comply with the Drug-Free Workplace Act of 1988, and implemented in 28 CFR Part 67, Subpart F, for grantees, as defined in 28 CFR, Part 67 Sections 67.615 and 67.620. 33. The GRANTEE agrees to complete and keep on file, as appropriate, Immigration and Naturalization Form (I-9). This form is to be used by recipients to verify that persons are eligible to work in the United States. Additionally the GRANTEE ensures compliance with Executive Order 2005-30 federal immigration laws by state employers and contractors. 34. The GRANTEE agrees to notify the Arizona HIDTA Director and provide written notification to the COMMISSION within ten (10) days in the event that the project official is replaced during the award period. 35. No rights or interest in this Agreement shall be assigned by GRANTEE without prior written approval of the COMMISSION. 36. The GRANTEE agrees that no funds provided, or personnel employed under this Agreement shall be in any way or to any extent engaged in conduct of political activities in violation of U.S.C. Title 5, Part II, Chapter 15, Section 1502. 37. The GRANTEE certifies that it presently has no financial interest and shall not acquire any financial interest, direct or indirect, which would conflict in any manner or degree with the performance of services required under this Agreement. High Intensity Drug Trafficking Area Grant Number HT18-08-1712 Page 7 38. The Grantee certifies that no federal funds will be paid, by or on behalf of, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into any cooperative agreement, and for the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan or cooperative agreement. If any funds other than Federal funds are paid or will be paid to any person for influencing or attempting to influence an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal award, grant loan, or cooperative agreement, the GRANTEE will complete and submit to the COMMISSION Standard Form-LLL,"Disclosure Form to Report Lobbying"in accordance with its instructions. 39. This Agreement is subject to cancellation pursuant to the provision of A.R.S. § 38-511. 40. This Agreement may be cancelled at the COMMISSION'S discretion if not returned with authorized signatures to the COMMISSION within 90 days of commencement of the award. 41. If any provision of this Agreement is held invalid the remainder of the Agreement shall not be affected thereby and all other parts of this Agreement shall be in full force and effect. High Intensity Drug Trafficking Area Grant Number HT18-08-1712 Page 8 IN WITNESS WHEREOF, the parties have made and executed the Agreement the day and year first above written. FOR GRANTEE: Mayor Or City Manager Date Note: If applicable, the Agreement must be approved by the appropriate county supervisory board or municipal council and appropriate local counsel (i.e. county or city attorney). Furthermore, if applicable, resolutions and meeting minutes must be forwarded to the Commission with the signed Agreement. Approved as to form and authority to enter into Agreement: Legal counsel for GRANTEE Date Statutory or other legal authority to enter into Agreement: Appropriate A.R.S., ordinance, or charter reference FOR CRIMINAL JUSTICE COMMISSION: John A. Blackburn Jr., Executive Director Date Arizona Criminal Justice Commission `� I.IC.',,ST Cit• •• . -r^ ARIZONA CRIMINAL JUSTICE COMMISSION ;ie,----,: „i GRANT AGREEMENT "s.,K .l. 98 . Insurance Requirements Exhibit"A" Insurance Requirements for Governmental Parties to a Grant Agreement: None. Insurance Requirements for Any Contractors Used by a Party to the Grant Agreement: (Note: this applies only to Contractors used by a governmental entity, not to the governmental entity itself)The insurance requirements herein are minimum requirements and in no way limit the indemnity covenants contained in the Intergovernmental Agreement. The State of Arizona in no way warrants that the minimum limits contained herein are sufficient to protect the governmental entity or Contractor from liabilities that might arise out of the performance of the work under this Contract by the Contractor, his agents, representatives, employees or subcontractors, and Contractor and the governmental entity are free to purchase additional insurance. A. MINIMUM SCOPE AND LIMITS OF INSURANCE: Contractor shall provide coverage with limits of liability not less than those stated below. 1. Commercial General Liability—Occurrence Form Policy shall include bodily injury, property damage, personal injury and broad form contractual liability. • General Aggregate $2,000,000 • Products—Completed Operations Aggregate $1,000,000 • Personal and Advertising Injury $1,000,000 • Blanket Contractual Liability—Written and Oral $1,000,000 • Fire Legal Liability $50,000 • Each Occurrence $1,000,000 a. The policy shall be endorsed to include the following additional insured language: "The State of Arizona, its departments, agencies, boards, commissions, universities and its officers, officials, agents, and employees shall be named as additional insureds with respect to liability arising out of the activities performed by or on behalf of the Contractor'; (Note that the other governmental entity(les) is/are also required to be additional insured(s)and they should supply the Contractor with their own list of persons to be insured.) b. Policy shall contain a waiver of subrogation against the State of Arizona, its departments, agencies, boards, commissions, universities and its officers, officials, agents, and employees for losses arising from work performed by or on behalf of the Contractor. Exhibit"A" Page 2 2. Automobile Liability Bodily Injury and Property Damage for any owned, hired, and/or non-owned vehicles used in the performance of this Contract. Combined Single Limit (CSL) $1,000,000 a. The policy shall be endorsed to include the following additional insured language: "The State of Arizona, its departments, agencies, boards, commissions, universities and its officers, officials, agents, and employees shall be named as additional insureds with respect to liability arising out of the activities performed by or on behalf of the Contractor, involving automobiles owned, leased, hired or borrowed by the Contractor'; (Note that the other governmental entity(ies) is/are also required to be additional insured(s)and they should supply the Contractor with their own list of persons to be insured.) 3. Worker's Compensation and Employers' Liability Workers' Compensation Statutory Employers' Liability Each Accident $500,000 Disease— Each Employee $500,000 Disease — Policy Limit $1,000,000 a. Policy shall contain a waiver of subrogation against the State of Arizona, its departments, agencies, boards, commissions, universities and its officers, officials, agents, and employees for losses arising from work performed by or on behalf of the Contractor. b. This requirement shall not apply to: Separately, EACH contractor or subcontractor exempt under A.R.S. 23-901, AND when such contractor or subcontractor executes the appropriate waiver (Sole Proprietor/Independent Contractor) form. B. ADDITIONAL INSURANCE REQUIREMENTS: The policies are to contain, or be endorsed to contain, the following provisions: 1. The State of Arizona, its departments, agencies, boards, commissions, universities and its officers, officials, agents, and employees and the other governmental entity shall be additional insureds to the full limits of liability purchased by the Contractor even if those limits of liability are in excess of those required by the Contract. 2. The Contractor's insurance coverage shall be primary insurance with respect to all other available sources. 3. The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. Coverage provided by the Contractor shall not be limited to the liability assumed under the indemnification provisions of its Contract with the other governmental entity(ies) party to the Grant Agreement. • Exhibit"A"Page 3 C. NOTICE OF CANCELLATION: Each insurance policy required by the insurance provisions of this Contract shall not be suspended, voided, cancelled, reduced in coverage or in limits except after thirty (30) days prior written notice has been given the State of Arizona. Such notice shall be sent directly to the GRANTEE and shall be sent by certified mail, return receipt requested. D. ACCEPTABILITY OF INSURERS: Insurance is to be placed with duly licensed or approved non- admitted insurers in the State of Arizona with an "A.M. Best" rating of not less than A- VII. The State of Arizona in no way warrants that the above-required minimum insurer rating is sufficient to protect the Contractor from potential insurer insolvency. E. VERIFICATION OF COVERAGE: Contractor shall furnish the GRANTEE with certificates of insurance (ACORD form or equivalent approved by the State of Arizona) as required by this Contract. The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements are to be received and approved before work commences. Each insurance policy required by this Contract must be in effect at or prior to commencement of work under this Contract and remain in effect for the duration of the project. Failure to maintain the insurance policies as required by this Contract, or to provide evidence of renewal, is a material breach of contract. All certificates required by this Contract shall be sent directly to the GRANTEE The State of Arizona project/contract number and project description are to be noted on the certificate of insurance. The State of Arizona and the Arizona Criminal Justice Commission reserves the right to require complete, certified copies of all insurance policies required by this Contract at any time. DO NOT SEND CERTIFICATES OF INSURANCE TO THE STATE OF ARIZONA'S RISK MANAGEMENT SECTION. F. SUBCONTRACTORS: Contractor's certificate(s) shall include all subcontractors as insureds under its policies or Contractor shall furnish to the county or local government agency responsible separate certificates for each subcontractor. All coverage's for subcontractors shall be subject to the minimum requirements identified above. G. APPROVAL: Any modification or variation from the insurance requirements must have prior approval from the State of Arizona Department of Administration, Risk Management Section, whose decision shall be final. Such action will not require a formal contract amendment, but may be made by administrative action. H. EXCEPTIONS: In the event the Contractor or sub-contractor(s) is/are a public entity, then the Insurance Requirements shall not apply. Such public entity shall provide a Certificate of Self- Insurance. If the contractor or sub-contractor(s) is/are a State of Arizona agency, board, commission, or university then none of the above shall apply. 4. . ARIZONA CRIMINAL JUSTICE COMMISSION HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA) GRANT AGREEMENT /982 Confidential Funds Certification Exhibit"B" CONFIDENTIAL FUNDS CERTIFICATION This is to certify that I have read, understand, and agree to abide by all of the conditions for confidential funds as set forth in the effective edition of the Office of National Drug Control Policy Financial and Administrative Guide. Grant Number: HT18-08-1712 Date: Signature: Authorized Official PROCEDURES Each project agency authorized to disburse confidential funds must develop and follow internal procedures which incorporate the following elements: Deviations from these elements must receive prior approval of the ONDCP. 1. Imprest Fund. The funds authorized will be established in an imprest fund which is controlled by a bonded cashier. 2. Advance of Funds: The supervisor of the unit to which the imprest funds is assigned must authorize all advances of funds for the P/I. Such authorization must specify the information be received, the amount of expenditures, and assume name of informant. 3. Informant Files: Informant files are confidential files of the true names, assumed names, and signature of all informants to whom payments of confidential expenditures have been made. To the extent possible, pictures and/or fingerprints of the informant payee should also be maintained. Refer to Informant Files "Documentation" (2) for a list of required documents for the informant files. 4. Cash Receipts. a. The cashier shall receive from the agent or officer authorized to make a confidential payment, receipt for cash advanced to him/her for such purposes. b. The agent or officer shall receive from the informant payee a receipt for cash paid to him/her. Exhibit"B" Page 2 5. Receipt for Purchase of Information. An Informant Payee Receipt shall identify the exact amount paid to and received by the informant payee on the date executed. Cumulative or anticipatory receipts are not permitted. Once the receipt has been completed no alteration is allowed. The agent shall prepare an Informant Payee Receipt containing the following information: a. The jurisdiction initiating the payment. b. A description of the information/evidence received. c. The amount of payment, both in numeral and word form. d. The date on which the payment was made. e. The signature of the informant payee. f. The signature of the case agent or officer making payment. g. The signature of at least one other officer witnessing the payment. h. The signature of the first-line supervisor authorizing and certifying the payment. 6. Review and Certification. The signed Informant Payee Receipt with a memorandum detailing the information received shall be forwarded to the agent or officer in charge. The agent or officer in charge shall compare the signatures. He/she shall also evaluate the information received in relation to the expense incurred, and add his/her evaluation remarks to the report of the agent or officer who made the expenditure from the imprest funds. The certification will be witnessed by the agent or officer in charge on the basis of the report and Informant Payee's Receipt. 7. Reporting of Funds. Each project shall prepare a reconciliation report on the imprest funds on a quarterly basis. Information to be included in the reconciliation report will be the assumed name of the informant payee, the amount received, the nature of the information given, and to what extent this information contributed to the investigation. Recipients/subrecipients shall retain the reconciliation report in their files and shall be available for review unless the State agency requests that the report be submitted to them on a quarterly basis. 8. Record and Audit Provisions. Each project and member agency must maintain specific records of each confidential fund transaction. At a minimum, these records must consist of all documentation concerning the request for funds, processing (to include the review and approve/disapprove), modifications, closure or impact material, and receipts and/or other documentation necessary to justify and track all expenditures. Refer to Informant Files Documentation (2) for a list of documents which should be in an informant's file. In projects where funds are used for confidential expenditures, it will be understood that all of the above records, except the true name of the informant, are subject to the record and audit provision of grantor agency legislation. Exhibit"B" Page 3 INFORMANT FILES 1. Security. A separate file should be established for each informant for accounting purposes. Informant files should be kept in a separate and secure storage facility, segregated from any other files, and under the exclusive control of the supervisor or an employee designated by him/her. The facility should be locked at all times when unattended. Access to these files should be limited to those employees who have a necessary legitimate need. An informant file should not leave the immediate area except for review by a management official or the handling agent, and should be returned prior to the close of business hours. Sign-out logs should be kept indicating the date, informant number, time in and out, and the signature of the person reviewing the file. 2. Documentation. Each file should include the following information: a. Informant Payment Record - kept on top of the file. This record provides a summary of informant payments. b. Informant Establishment Record - including complete identifying and location data, plus any other documents connected with the informant's establishment. c. Current photograph and fingerprint card (or FBI/State Criminal Identification Number). d. Agreement with cooperating individual. e. Receipt for P/I. f. Copies of all debriefing reports (except for the Headquarters case file). g. Copies of case initiation reports bearing on the utilization of the informant (except for the Headquarters case file). h. Copies of statements signed by the informant (unsigned copies will be placed in appropriate investigative files). i. Any administrative correspondence pertaining to the informant, including documentation of any representations made on his behalf or any other nonmonetary considerations furnished. j. Any deactivation report or declaration of any unsatisfactory informant. INFORMANT MANAGEMENT AND UTILIZATION All persons who will be utilized as informants should be established as such. The specific procedures required in establishing a person as an informant may vary from jurisdiction to jurisdiction but, at a minimum, should include the following: 1. Assignment of an informant code name to protect the informant's identity. Exhibit"B" Page 4 2. An informant code book controlled by the supervisor or his/her designee containing: a. Informant's code number. b. Type of information (i.e. informant, defendant/informant, restricted use/informant). c. Informant's true name. d. Name of establishing law enforcement officer. e. Date the establishment is approved. f. Date of deactivation. 3. Establish each informant file in accordance with Informant File Documentation (2). 4. For each informant in an active status, the agent should review the informant file on a quarterly basis to assure it contains all relevant and current information. Where a MATERIAL face that was earlier reported on the Establishment Record is no longer correct (e.g. a change in criminal status, means of locating him/her, etc.), a supplemental establishing report should be submitted with the correct entry. 5. All informants being established should be checked in all available criminal indices. If verified FBI number is available, request a copy of the criminal records from the FBI. Where a verified FBI number is not available, the informant should be fingerprinted with a copy sent to the FBI and appropriate State authorities for analysis. The informant may be utilized on a provisional basis while awaiting a response from the FBI. PAYMENTS TO INFORMANTS 1. Any person who is to receive payments charged against PE/PI funds should be established as an informant. This includes a person who may otherwise be categorized as sources of information or informants under the control of another agency. The amount of payment should be commensurate with the value of services and/or information provided and should be based on the following factors: a. The level of the targeted individual, organization or operation. b. The amount of the actual or potential seizure. c. The significance of the contribution made by the informant to the desired objectives. 2. There are various circumstances in which payments to informants may be made. a. Payments for Information and/or Active Participation. When an informant assists in developing an investigation, either through supplying information or actively participating in it, he/she may be paid for his/her service either in a lump sum or in staggered payments. Payments for information leading to a seizure, with no defendants, should be held to a minimum. Exhibit"B" Page 5 b. Payment for Informant Protection. When an informant needs protection, law enforcement agencies may absorb the expenses of relocation. These expenses may include travel for the informant and his/her immediate family, movement and/or storage of household goods, and living expense at the new location for a specific period of time (not to exceed 6 months). Payments should not exceed the amounts authorized by law enforcement employees for these activities. c. Payments to Informants of Another Agency. To use or pay another agency's informant, he/she should be established as an informant. These payments should not be a duplication of a payment from another agency; however, sharing a payment is acceptable. 3. Documentation of payments to informants is critical and should be accomplished on a Informant Payee Receipt. Payment should be made and witnessed by two law enforcement officers and authorized payment amounts should be established and reviewed by at least the first line supervisory level. In unusual circumstances, a non- officer employee or an officer of another law enforcement agency may serve as witness. In all instances, the original signed receipt must be submitted to the project director for review and record keeping. ACCOUNTING AND CONTROL PROCEDURES Special accounting and control procedures should govern the use and handling of confidential expenditures, as described below: 1. It is important that expenditures which conceptually should be charged to PE/PI/PS are so charged. It is only in this manner that these funds may be properly managed at all levels, and accurate forecasts of projected needs be made. 2. Each law enforcement entity should apportion its PE/PI/PS allowance throughout its jurisdiction and delegate authority to approve PE/PI/PS expenditures to those offices, as it deems appropriate. 3. Headquarters management should establish guidelines authorizing offices to spend up to a predetermined limit of their total allowance on any buy or investigation. 4. In exercising his/her authority to approve these expenditures, the supervisor should consider: a. The significance of the investigation. b. The need for this expenditure to further the investigation. c. Anticipated expenditures in other investigations. Exhibit"B" Page 6 Funds for PE/PI/PS expenditures should be advanced to the officer for a specific purpose. If they are not expended for that purpose, they should be returned to the cashier. They should not be used for another purpose without first returning them and repeating the authorization and advance process based on the new purpose. 5. Funds for PE/PI/PS expenditure should be advanced to the officer on suitable receipt form. Informant Payee Receipt or a voucher for P/E should be completed to document funds used in the purchase of evidence or funds paid or advanced to an informant. 6. For security purposes there should be a 48-hour limit on the amount of time funds advanced for PE/PI/PS expenditure may be held outstanding. If it becomes apparent at any point within the 48-hour period that the expenditure will not materialize, the funds should be returned to the cashier as soon as possible. An extension of the 48- hour limit may be granted by the level of management that approved the advance. Factors to consider in granting such an extension are: a. The amount of funds involved. b. The degree of security under which the funds are being held. c. How long an extension is required. d. The significance of the expenditure. Such extensions should be limited to 48 hours. Beyond this, the funds should be returned and readvanced, if necessary. Regardless of circumstances, within 48 hours of the advance, the cashier should be presented with either the unexpended funds, an executed Informant Payee Receipt or purchase of evidence or written notification by management that an extension has been granted. 7. P/S expenditures, when not endangering the safety of the officer or informant, need to be supported by canceled tickets, receipts, lease agreements, etc. If not available, the supervisor, or his immediate subordinate, must certify that the expenditures were necessary and justify why supporting documents were not obtained. TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: June 4, 2008 TO: HONORABLE MAYOR& COUNCIL FROM: Sandra L. Abbey, Human Resources Director SUBJECT: Employee Benefits recommendations for 2008-2009 Benefits Plan Year SUMMARY: The following summarizes the Human Resources recommendations for the Town of Oro Valley Employee Benefits Plans for FY 2008-2009: Health Insurance The Town is completing our fifth year with Aetna as our health insurance provider. Aetna has shown an awareness of our budgetary constraints and, although first suggesting an increase in costs of over 29%, have been willing to work with the Town to bring the increase to 12.92% over current costs for the HMO product and to a 19.9% increase for the updated Choice POS plan, which is the employee "buy-up"option. It is important to note that this year we did have one competitive bid from another provider that would have cost approximately the same dollar amount as the Aetna plan. It is our opinion that another vendor would have to beat the Aetna costs (not just meet them) in order to justify the disruption to employees that would have curred from changing providers. However,--as the Town seeks additional options and alternatives in the Lure, we will not rule out changing vendors to ensure cost savings or enhanced benefits. For the HMO plan the co-payment for primary care doctor visits remains unchanged at $15, while the co- payment for specialist visits, lab and diagnostics procedures increases from $25 to $30 per visit. The plan continues to maintain no deductible for in-network coverage. The out of pocket maximum an employee could potentially pay annually will increase from $1500 per person or $3000 per family to $2000 per person or $4000 per family. Additionally, the Emergency Room co-payment will be $100 per visit, with Urgent Care remaining at $50 per visit. We hope this change will encourage employees to utilize emergency room services only in the event of true emergencies. There will be no change to the co-insurance for hospitalizations or co-payments for prescription drugs. The CPOS plan maintains both in-network and out-of-network options for employees who desire the ability to obtain medical care outside the Aetna network, by paying a higher share in the costs. In-Network coverage for the CPOS plan will be enhanced to match the same coverage levels for the HMO plan. Out-of Network coverage includes a $500 deductible per person ($1500 per family) and 30% co-insurance with the plan paying the remaining 70% of out-of-network costs. Out of pocket maximums for out-of-network coverage are $3000 per person or $6000 per family per year. Due to the enhanced benefits, employees pay a higher premium for this coverage. Dental, Life, and Disability Insurance ItsprietLife currently provides dental and life insurancero ams for all Town employees, 1 - p grpus Short Term Disability (STD) for all employees and a Long-Term Disability (LTD) insuranceam ro for employees not p � covered by the Arizona State Retirement System (ASRS) Long-Term Disability insurance. Due to competitive bidding, MetLife has agreed to decrease their rates for Basic Life Insurance, AD&D, and STD coverage; additionally there will be no change to the LTD insurance rates. The Dental plan remains unchanged with a rate increase of approximately 4%. Medical and Dependent Care Reimbursement Accounts The Town offers Medical and Dependent Care Reimbursement Accounts for employees who wish to have their salaries reduced by a set amount each pay period, on a pre-tax basis, and then utilize these funds to pay for their out of pocket medical expenses, or their dependent care expenses. This program is regulated under IRS Code, and is sometimes referred to as a Section 125 plan. Medical Reimbursement accounts are capped at an annual maximum of $2,000 per employee in order to limit liability to the Town. The maximum amount for the Dependent Care account is set by IRS code, and is currently$5,000 per year. Mountain States Administrative Services administers our current program and has offered to renew this service with no increase to the rates. Additionally, Mountain States Adminsitrative Services has agreed to administer our COBRA program for a flat rate of$50 per month. Employee Assistance Program Jorgensen-Brooks Group provides the Town with an Employee Assistance Program. This program offers voluntary, and in certain situations employer referral counseling programs. Professional counselors are available to assist Town employees with confidential counseling for a variety of personal needs. Additionally, the program offers management consultation, critical incident services, training and education, and other services on an as needed basis. Our multi-year contract (2008-2011) provides for this service at a cost of$2.75 per employee per month for the next two years, with a 5% increase per employee per month in the third year. Voluntary Supplemental Benefits Products The Town offers several voluntary supplemental products. Employees who choose to participate in these programs pay 100% for the products. These include MetLife Supplemental Life Insurance, Colonial Supplemental Insurances, Pre-Paid Legal insurance and Vision Care Direct vision discount program. Wellness Program Employees continue to look to their employers for health and wellness information and programs to enhance their overall health. Additionally, employees who maintain healthier lifestyles, as a group, generally have lower medical insurance utilization and insurance claims costs. In order to impact both employee quality of life and Town financial sustainability goals, it is reasonable to include some wellness activities and initiatives as part of the overall benefits package offered to employees. To that end, the Town will continue to host an annual health and wellness fair, fitness presentations or discount opportunities, and discounted recreational program activates from time to time when such programs can be arranged with minimal or no financial impact to the Town. To that end, the Human Resources office has partnered with the Parks and Recreation department to offer certain non-contracted recreational activies to employees at a discounted rate (space availability permitting), as well as partnerships with other fitness and health vendors for low cost or discounted programs and activities. Additionally, we are participating on a community program titled "Healthiest Town in America", a communit: walking program, established by Dr. Robert Oro of Oro Valley. This program is still in the planning stages, but involves numerous community partnerships and is expected to have a formal kick-off event in January 2009. Sandra Abbey and Ainsley Reeder have participated as representatives on this volunteer committee. FISCAL IMPACT: irly in the budget process, we estimated a budget increase of 15% for benefits costs. At this point in lerme with all renewal bids finalized we estimate our cost increases for health and wellness benefits to be approximately 13% in the fiscal 08-09 year, with nearly all of that increase due to medical insurance costs. RECOMMENDATION: The Human Resources Director recommends adopting the renewal of employee benefits programs described herein. SUGGESTED MOTION: "I move to adopt the employee benefits recommendations provided by the Human Resources office for the 2008-2009 benefits plan year." Department Head D . Town Manager T7ci-Ift ,t'T 1 L 6 a) CD O a-o O a) a) O t 00 o E CL 23 O a) 0 0 U a) a- a E E 73 o 00 o a) E j c c c c n. 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D O ,-- > Q a) a)U) L 0)03 L O >, N 1 Q > ) C C t- >. ca 0 a) ca ca a) L •L L ow Q) IO l() C a) a) a) ^ O O (13O a) > ' ,t- O a O -0 LI O 0 0 -Z — a) N (N N m T a) u) OI r 69 c L D O O CU C Q o co 'cTo 0 Q) L T� L V a) ca >, C, C3) >, _ /^L�` `` /, L ^ W a) �/� O (13 Q L L J c a) E a. c O (Ni > C. u) 0 O ca c E 0 -0 (d O O 0 cn L F-- a) 0 N "0 N N CV (N C CV `_ H9 > Cca U) (/) a) a) o C E O 0 -0 "0 L co >, o_ C C 03 L O O N Lo * L O) Q E cu co c — coa) U a) �' > ca a) O a) o 0 a p > = 0 o m U L Q E _7 Q 0 0-0 ^:` a CO a 5 O E a) a) = - J , 2 L L Q] a • C U Y caa) C 0 U o"a CO CS > U) 10 J CL D * Z o ATTACHMENT 2 SCHEDULE OF BENEFIT COSTS FULL-TIME EMPLOYEE SCHEDULE FOR THE 2008-2009 FISCAL YEAR Monthly Amount Employee Total Monthly Monthly Amount Paid By Deduction Benefit Plan Premium Paid By T.O.V. Employee Per Pay Period AETNA HMO Employee Only $305.28 $305.28 $0.00 $0.00 Employee + Child(ren) $518.86 $465.47 $53.40 $26.70 Employee + Spouse $671.37 $579.85 $91.52 $45.76 Employee + Family $985.94 $815.78 $170.17 $85.08 AETNA CPOS Employee Only $330.56 $305.28 $25.28 $12.64 Employee + Child(ren) $561.86 $465.47 $96.39 $48.20 Employee + Spouse $727.01 $579.85 $147.16 $73.58 'mployee + Family $1,067.65 $815.78 $251.88 $125.94 .::.:}}}Y.'}:pY:v.•\tY.•i:•:•Y}:?.}:i}}}u}}i}}:.}'F.};:.};.}:•1:n\:{...}w:.vn»:wvxn.:n•.•.•.v::r.:v.»•.vnw:.»t::..:,..vx.v..:n:.::::.»,.n..:.v•:m•::nvv::....:,.....v:................................................................................. k2 METLIFE DENTAL Employee Only $23.47 $23.47 $0.00 $0.00 Employee + Child(ren) $60.34 $45.86 $9.22 $4.61 Employee + Spouse $54.99 $42.25 $7.88 $3.94 Employee + Family $90.93 $66.43 $16.87 $8.44 LIFE AND DISABILITY INSURANCE MetLife Basic Life, AD&D One times annual salary. 100% paid by the Town of Oro Valley. MetLife STD and LTD Short and Long Term Disability. 100% paid by the Town of Oro Valley. MetLife Optional Life Optional life insurance for employees, spouse and/or children. Costs of these plans are 100% employee paid. }'b a r,"� t •.: $rs,, n ::...,... .. :.•• •.. > ..�,...? •.i �}`: }� ..'� :{{� .•', .:`<�r., •.}.r:}•::::,i ,3r•.;i... :.. :N' ..: �3. .. .,,. :� :•.'..:. .sa•., r •...:,'^' ..}. .,7,. a}>: .ks�:::t:.::.:•}:•ti.}tF.:r�.f..:.:.a.%;:::.}::':::}::.};•::,. ,�t r w. ,>..:�,..:K ht n.:{•`. aa: .. :} ..�. �En. .6�,•.a..:.. ak...:.:....,................. .:� Y?{k:�}:?:s:::....v:.:.�...�. .... :} •..•. : :. } ,v. v}Gj : .:t .., }<...'.•.:p v ':\•:{Pik•;:} } !.}t n.(..v+. . ...h Y, ,. .: r '� Y� '� : .......;;:};t :. .:{:v: ♦•Kw:.v}'kh::is .}}.}•?kv..:: ,�¢ .: ..n.:..•}...h... :.::v:::}. y.•r:? �.i•}:•:?;.:'•:i�.i'.}%..+ry..::::}..::.;L:y..::n.. 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Please see the Human Resources staff for additional details and cost information. 1 • , • s 1 ATTACHMENT 2 SCHEDULE OF BENEFIT COSTS • PART-TIME EMPLOYEE SCHEDULE I. } FOR THE2008-2009 1 FISCAL YEAR ,:.:�{{:: :: {{.}:.:}: {{.}}:.i:.}:::.ri}:{{{{::{,::::.:r:.::r :.:::: ,i,i,i, ::::::.: ::::::: : •-••• r.,.,..:+}.. ..............:...::t:;<}•'•:v'44}:;;:•.::::::y,{;:h:'t: :xR.;•:n::;;•J^;.:;ua'{r<:?�:A:::;?`:;:;':,: ........ ...........n..n..n.....}. ♦.. r:.n .. rW.....:r h v .:... .v ..m F,Y.A.. t}:... .:..n:. ...Y.'......... ..r....£. .,{.. ..i ..... .,..JRK .. ..2 :?4. .................. ............:...':.?.:•:•:.:.....:........:r:r}:::<?;i<;;r3::.{::::}.'Y>ii::i;:::::'.'?:j.;.:':'.. ........ .. :...n.. '\. tom. .. ....... ...>,L......r........ Iv,.,...%k.....t: .....n. ..�,•.. ... n2�.'$s R. t. F r•. .tr. .r.. .:r},•:..:i:'?::a••r:.?{.�r cSii:$i:;:'�f?{`.:;::;•::}:{{.<:;;:;'?s:::S:�}`::?�5`:°::;:`r::};} x� h .h :F.... .. .,.,£ ..� r ... ...::r:i••;;:t:•i:,`..:;.`:::'•:f •t:n�':::>'::i':'i:•.?:�T``��i;.'i:`'s," ., ............. .. r......♦•........:...... ...... L} :.,$......t...hh.r.3lr.,.a.,,:t....:Q•. ♦ ....,...r... .,,..Y. ,.�.,..:.............r..a. ? ..h......f.. J:... , .. .,..r............ ....^C.:..Y}. v.. n ...{ v\.'\..n. : ♦ ...,.:,a:........ ..iS}.: r.J4{::{};iiiii:. .. . ,......:.} , ..Y.... ...} .. ... ..,:. .... .... .....,.'4}5.....r.{. ., ..... q;v;:ty:'f'y: :r:::'}:;<::::'?'f}::"::r'v>:;'i:{i::tiii:r:::j`i:'v';i':::is':i:::2��ii�'::`j:::`^>'.. Monthly Amount Employee Total Monthly Monthly Amount Paid By Deduction Benefit Plan Premium Paid By T.O.V. Employee Per Pay Period AETNA HMQ Employee Only $305.28 $152.64 $152.64 $76.32 Employee + Child(ren) $518.86 $259.43 $259.43 $129.72 Employee + Spouse $671.37 $335.69 $335.69 $167.85 Employee + Family $985.94 $492.97 $492.97 $246.49 r}J}•t}:{.}{{{•i:t}J}>}:t;.•}:i}:{{a•{:{aJ:�%•:{{.}+}•}:,}}.:::v{t}v:x:..:....:::w:r w:,,....,•:.•:::.v:.v:•.,:.::.v::wv:♦:....yv.v;•::.v v:;•:..:......... ............ ::.:A . ..:.... ...Y. ......,.{.h .vh. ....v....>.:....♦..%}...... a. n....,.w ,...v.........n,•:vv:;:w::.:�:::::.:....:... .:,v:„r...nv;:.:.:.....,:...:.At,:... .:.K.:n..:;x..v:v:;•:x:..v::.v ..n:...(......♦.,.n...... R....v..:. .. .....}...... �$, , \r. ...... +t. 4v ....n........ .. r......n..v:..h.......,.,....,..::::::•::.::.v:. .v.::.�•w:.............. \.)h ..r..n .. Mr.�fir ... k ..............r..........v.... v..,..............n .nv n.,..:. ., .................x...}: ....::i:.v;.,v:;•;•:;..........................................:t.::::.v:::v::::}:>}':::.ji:l:i}^}j;?.y»:'i:::•:^.'ii:::i::�?:'.j}}::i..::•;i:Y>:`':.:i:ji:!::{;: TNA .....,..,... ..v.:rn.:. ,{ by ...r....r.,...�.:.L ...,...........,..•:............. :.v.,.fi.J?^i....�Sr..v'i....I..r...n..$...,,Y'.`...:.�.vr.{.. \♦... .......... :............... .�.. 4.... .:::.....:::. ..: ,..!...�r:....... ;:.v::::::r..........:.�.v:::;} :.........,K.....rr.,:{....{v:{G:gyri:{•}Yir:::.t:'.{!{ti{ +%+.'t{•J:;:•::::.v::::::{:v::t::aY}:i•:{:,;..}};.}}J'•}}:�:•Jr:JiJ}:{.:�:{^irril}:'..: Employee Only $330.56 $165.28 $165.28 $82.64 Employee + Child(ren) $561.86 $280.93 $280.93 $140.47 Employee + Spouse $727.01 $363.51 $363.51 $181.75 Employee + Family $1,067.65 $533.83 $533.83 $266.91 w1ETLIFE DENTAL Employee Only $23.47 $11.74 $11.74 $5.87 Employee + Child(ren) $60.34 $30.17 $30.17 $15.09 Employee + Spouse $54.99 $27.50 $27.50 $13.75 Employee + Family $90.93 $45.47 $45.47 $22.73 LIFE AND DISABILITY INSURANCE MetLife Basic Life, AD&D One times annual salary for employees who work 25 or more hoursp er week. 100% paid by the Town of Oro Valley. MetLife Optional Life Optional life insurance for employees, spouse and/or children. Costs of these plans are 100% employee paid. ATTACHMENT 2 SCHEDULE OF BENEFIT COSTS RETIREES .•.• • FOR THE 2008-2009 FISCAL YEAR : T.ry.. .....v.. ...n > .......:..{vv..vv. ...i♦.^'r IX..... qt .Y!L..{.......... n:}::,•:::.,.,.:7..•;.:.. .n..rv. ..........: i :....:......b:.....:...~:.T... .Y.. k f /y...,h♦..p :. .f..fin. ..:h..7.. st .. .. ....,...,.�...... ,.fix.,.•{.��`. x / ..Y.. .s.,�:. ., .......r..................♦.. ........::.::.: .. ,..r x.v.............v.,k....... ♦, .vv............b{•,.�. ...♦.s .. ...r -�' ... � 7 Y.i vii:}.}r:r::::i::::::•r':::;•.;•;+:v..: ....Yf..v....... ..... nv......:f Y...... ..•'M{G .♦ .. ..t rF.........., f:. .., ....n.v........h. .... ,.....r...4 n... .... yy� vv ..,.::•:vw.vv v;....v:....::........: .:•.h}::::•�'.''•. ♦ .... rn,..J........ ... .r 4........ ..... ,. +�:•....,... .r .'} �S .a........ ..� .y ..£.. :..r.•:.{:f$':r:`Jf:>.:;•:•::L;•rr.:;,ti'r:n� .. ...:♦1...... •.............. ........n n.4..,.{Sf.... Q : .. a.?�. S..•.. (All rates are tentative pending final budget approval) Total Monthly Retiree Benefit Plan Premium / ET'N H 'IO Employee Only $587.28 Employee + Child(ren) $998.38 Employee + Spouse $1,292.02 Employee + Family $1,896.92 AETNA CPOS Employee Only $688.89 Employee + Child(ren) $1,171.13 nployee + Spouse $1,515.57 Employee + Family $2,225.13 TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: JUNE 4, 2008 Now TO: HONORABLE MAYOR& COUNCIL FROM: Roxana Garrity, Deputy Town Clerk SUBJECT: PUBLIC HEARING— APPROVAL OF AN APPLICATION FOR A SERIES 12 (RESTAURANT) LIQUOR LICENSE FOR SOL CHIMIS & CERVEZA TO BE LOCATED AT 11931 N FIRST AVENUE SUMMARY: An application by Mr. Francisco Sandoval and principal has been submitted for a Series 12 (Restaurant) Liquor License for Sol Chimis & Cerveza to be located at 11931 N. First Avenue. In accordance with Section 4-201 of the Arizona Revised Statutes, the application was posted for 20 days commencing April 23, 2008 on the premises of the applicants' property. No protests were received during that time period. Chief of Police Daniel Sharp has conducted a background investigation on the applicants and has no objections to the approval of the Series 12 Liquor License. '44riSeries 12 Liquor License Description: Allows the holder of a restaurant license to sell and serve spirituous liquor solely for consumption on the premises of an establishment which derives at least forty percent (40%) of its gross revenue from the sale of food.) ATTACHMENTS: 1. Memorandum from Police Department 2. Liquor License Application 3. Arizona Department of Liquor Licenses and Control Description SUGGESTED MOTION: I move to recommend approval of the issuance of the Series 12 Liquor License to the Arizona State Liquor Board for Mr. Francisco Sandoval and principal at Sol Chimis & Cerveza to be located at 11931 N. First Avenue. De ment Head Town Manager O 3 . 11000 N.La Canada Dr. 7 •o Oro Valley,Arizona 85737 --- v, ► Phone(520)229-4900 FAX(520)797-2616 41111116ANIEL G.SHARP,Chief of Police www.ovpd.org cwt fi. .:. :. .1 11jDEp. ORO VALLEY POLICE DEPARTMENT "FAIRNESS, INTEGRITY, EXCELLENCE" TO: Kathryn Cuvelier 1 FROM: %,� Daniel G. Sharp • RE: Background Investigation, Application for Liquor License Sol Chimis & Cerveza Located at 11901 N. First Ave. Principals Francisco and Guadalupe Sandoval On April 27, 2008, the Oro Valley police Department completed the standard thaw background investigation on Sol Chimis & Cerveza along with principals Francisco and Guadalupe Sandoval. The Oro Valley Police Department has no objections for the issuance of a liquor license to Sol Chimis & Cerveza located at 11901 N. First Ave. 05022008 16:34 5206286620 LIQUOR } ! 1, :'r• -,;Ir�rr(: ,-1 .'4+ 4,t,...; ARIZONA 7 i, - ENS ES & CONTROL 1ii r.- - •(ir� • n ,:„. 7 ,• ,- ` ' ', ., ,.t t f i,., •, ,. '11.r q 1 • iii��� � ' �• :) 'i �:�.=,�, ;�I. N • Congress X521 �. 400 W 800 WWashin ton 5th . ; ,, ..1..�� •,r y 774.,::',':!AI.:1,i,,i;t:: .. •,g •4" , ; , •i 1.* 1 • :• , :��., , 1Tucson AZ 85701-1352 Phoenix AZ 85007-2`,d , i ,..,•,...-.` ,.: • , • '. , iii... , ,1I�'�_!r..,o, !r 4 • `• .6 j:,,,•..,. : ',1•:�'r.L yup?'AY- (520) �2V-6595 602 542-5141 � .: i•l'.' �. .•\:�:.. '�. (Z.J \__ t g � I'� r.r:�.w �Via. J�6'•I" ct . ti,,-:i AP '�)OATIdN:FOR�L�C: zD ii.il ,,.N ''',.'P,, ,:-=-'>,:/,15,,,,,. A b AA.1.41,:tatzeri?.'0,ciiIR<IN'd,Lgtril'ili!,2-141,1\*.ir 1�f� 1 T.W^� ,/�!ti.,. i,•; ,, , 'OnI .M` l G ,i.N K t!+•:'1-y,; ' 'zv �'- - "�or�• 1irrd�erg active( irwol -• '� the da to d. o•-rations 97 All Owners A.e,ts. Par cat'Starck�i lie Natic®: Effective Nvv.1,19 '' the business must attend a Department approved Iiquo��Caw training's 5W:Iiii'•�"rOidle proof of attendance within the last five years. See pag e fir ��1°�:';'.'�r'.�'. the Liquor Licensing requirements. •Iy,; %6;,, `'..f. SECTION 2 Type of ownership: SECTION 1 This application is for a: yP ❑ INTERIM PERMIT Complete Section 5 ❑J.T.W.R.O.S. Complete Section 6 O NEW LICENSE Complete Sections 2, 3,4, 13, 14, 15, 16, 17 ❑ INDIVIDUAL Complete Section 6 .❑ PERSON TRANSFER (Bars & Liquor Stores ONLY) 0 PARTNERSHIP Complete Section 6 Complete Sections 2,3, 4, 11, 13, 15, 16, 17 0 CORPORATION Complete Section 7 O LOCATION TRANSFERand Liquor Stores ONLY) Cl LIMITED LIABILITY CO. Complete Section 7 (Bars q Complete Sections 2, 3,4, 12, 13, 15, 16, 17 0 CLUB Complete Section 8 p ❑ PROBATENV1LL ASSIGNMENT/DIVORCE DECREE 0 GOVERNMENT Complete Section 10 . Complete Sections 2, 3,4, 9, 13, 15, 17(fee not required) 0 TRUST Complete Section 6 ❑ GOVERNMENT Complete Sections 2, 3,4, 10, 13, 15, 16, 17 0 OTHER Explain SECTION 3 Typeof license and fees: LICENSE ______ Department Use Only 1, Type of License: 2. Total fees attached: $ APPLICATION FEE AND INTERIM PERMIT FEES OF APPLICABLE,) ARE NOT REFUNDAB E. %boy A service fee of$25.00 will be charged for all dishonored checks(A.R.S.44.6852) SECTION 4 'Applicant: (All applicants mus complete this section) w Name: Ms. ✓I O F ?v'l Vpplicant/Agent's rt one name ONLY to appear on license) Last First Midd 2. Corp./Partnership/L.L.C.: (Exactly as it appears on Articles of Inc.or Articles of Org.) ' • 3. Business Name: --- (Exactly as It appears on the exterior of premises) '-t- D4. siness Address: q30 L - ii\ie (Do not use PO Box Number) City • COUNTY Zip 5. Business Phone: ( i • Residence Phone: (______L______: 6. Is the business located within the incorporated limits of the above city or town? DYES ONO 7. Mailing Address: Cly State Zip \ . 8. Enter the amountP aid for a 06,07,or 09 license: $ (Price of License ONLY) DEPARTMENT USE ONLY • • Accepted by: Date: Lic. # Fees: - Application Interim Permit Agent Change Club F. Prints TOTAL PROCESSING APPLICATIONS TAKES APPROXIMATELY 90 DAYS,AND CIRCUMSTANCES OFTEN RESULT IN A LONGER WAITING PERIOD. You ARE CAUTIONED REGARDING PLANS FOR A GRAND OPENING,ETC.,BEFORE FINAL APPROVAL AND ISSUANCE OF THE LICENSE. LIC 0100 05/2004 'Disabled individuals requiring special accommodation, please call (602) 542-9027. 05/02/2008 16: 34 5206286620 LIQUOR PAGE 103 SECTION _ DudJ 0.14 Restaurant, or Hotel Motet Applicants: ! E 3 ` a bcation?7. Is there a valid restaurant ohl_ 611 u - .,_r:.n p71. I ❑YES ❑ NO If yes, give iensee' s amz_ . 0 � ,, ,, , i'f., iiii i !' ,,, '; .:. t '' ifcebse#: I. Last ;R,i. 7 Ilk .1y4.7, i �i?flid �41 '� i''" e'�.."". ► �"► 2, If the answer to Question 1 =1:. ► , : u m` y ii tart:,nteri Pemhnit to operate whileyour application is pending; c 1 , a py P PP p ing, nsult A.R.S. Section 4-203.01; and• & ttbftls as Sti 3. All restaurant applicants must complete a Restaurant Operation Plan (Form LIC0114provided bythe Department of Li uor, � P 4. Do you understand that 40%of your gross revenue must be from food sales? ❑YES 0 NO • SECTION 15 Diagram of Premises: (Blueprints not accepted, diagram must be on this form) 1. Check ALL boxes that apply to.your licensed premises: , ❑ Entrances/Exits ❑ Liquor storage areas ❑ Drive-in windows 0 Patio enclosures ❑. Service windows XUnder construction: estirrted completion date m A 4 4._ OOP 2. Restaurants and HoteVMotel applicants must explicitly depict kitchen equipment and dining faci(ties. 3. The diagram below is the only area where spirituous liquor is to be sold, served, consumed, dispensed, possessed, or ored, Give the square footage or outside dimensions of the licensed premises. DO NOT INCLUDE PARKING LOTS, LIVING QUARTERS, ETC. . eD V cp CO at • CP atiliC•,) 00 • • • 4. YOU MUST NOTIFY THE DEPARTMENT OF LIQUOF OF ANY CHANGES OF BOUNDARIES, ENTRANCES, EXITS, OR SERVICE WINDOWS MADE AFTER SUBMISSION OF THIS DIAGRA 05/02/2008 16:34 520 6286620 LIQUOR PAGE 04 ;ARIZONA DEPART ' F I...IQ `I ,CENSES & CONTROL • *" • ,i,. ' r , . k'-.,r.•4.• ,•44,x^j. `� 400 W Congress#521 • 800 W Washington 5th Floor : ''•'"� '•'':''.' '� 9 •.t. Ct . is Tucson AZ 85701-1352 Phoenix AZ 85007-2934 ''y' ••• ' '� '�� �• (520) 628-6595 :4 ;4 tar, (602) 542-5141 .. „ P A �J ��� , �, _���•,.,, : L � ,� .. .•'1•— � given to Attention all Local GoverningBodies: Soni i •'•-- a J :ati•� •• •nfidentIal. This information may be �' �• � dike .• 'b �` ;d_ •be blocked to be unreadable prior to osting the •�'1, k•'-^ '. 1'local law enforcement agencies For pu� • A1InnaTr�I'- .`1-Ili ' ' I print with black ink. Read carefully. ; i` ;� "- ,r' -;�r ,.iviiit '�. orAn extensive inveti'ab `.T� _�• � ��' .:�`�,►� ,�..��'.ri. „:s�o-';�' :'•-: �.False or incomplete answers in criminal rci 7`'+':1`'' '' -''=• , '' PrP.,'_,:. . 1 vocation of a license or permit . .could resultp , .,,,;_k :,� ...••:.,.�_.� . • " .� ALSO EACH ERSON TO BE COMPLETED BY EACH OWNER,AGENT,PARTNE-;" • r� KIOUIS- t 1`1•�.•:1,k' •RE),MEMBER,OFFICER OR MANAGER, COMPLETING THIS FORM MUST SUBMIT AN"APPLICANT'TYPE FING f lel t 'b WHICH MAY BE OBTAINED AT THE DEPT. FINGERPRIN iNG MUST BE DONE BY A BONA FiDE LAW ENFORCEMENT AGENCY OR A FI •","INTING SERVICE APPROVED BY THE DEPARTMENT OF UQUOR. THE DEPARTMENT DOES NOT PROVIDE THIS SERVICE. V ' Liquor. License # Eff�/01/07•there Is aIg4.00 processing fee for each fingerprint card submitted. • A service fee of$25.00 will be charged for all dishonored checks(A.R.S.44.6852) lk • 6 If t ocation is curron' 'licensed) 1.Check wner❑Partner il tockholder[]Member❑Officer[]Agent ❑ Manager(Only) appropriate Other (Complete Questions 1-20&24) (Complete All Questions excepf#14,1 a &25) bo ensee or A.ant must complete# 5 f r a Manager ^_ Licensee or Agent must complete if 25 9ame: • _ Date of Birth:or A,f - ( _ Las First Middle (This Will Not Become a Part of Public -ecords) 3. Social Security Number: _ _ Drivers License#: State: (This Will Not Become a Part of Public Records) . -� 4, Place of Birth: • Height: Weight: Eyes: Hair; i City State Country_(not county) ) 5. Marital Status J Single J Married 0 Divorced El Widowed Residence(Home) Phone: ( ) til ame of Current or Most Recent Spouse: i Date of Birth: NMI (List all for last 5 years-Use additional sheet if necessary) Last First Middle Maiden rSi 7. You are a bona fide resident of what state? If Arizona,date of residency: W 8 Telephone number to contact you during business hours for any questions regarding this document. ( ) ,- 9. If you have been a resident less than three (3) months, submit a copy of drivers license or voter registration card. 10. Name of Licensed Premises: Premises Phone: ( ) - , 0 censed Premises Address: l q5 ) _5;k-- i_v_ _______ Street Ad ress Do not use 0 Box#) ity County Zip _ Listto menti or t e of business duringthepast five(5) ears if unem to ed art of the time, list those dates. List most regent 1st 12 your ernp y y years FROM_ TO DESCRIBE POSITION EMPLOYER'S NAME OR NAME OF BUSINESS Month/Year Month/Year OR BUSINESS (Give street address,city,state&zip) • • CURRENT ATTACH ADDITIONAL SHEET IF NECESSARY FOR EITHER SECTION 13 Indicate tour residence address for the last five(5)years: _ • . FROM TO Rent or RESIDENCE Street Address Month/Year Month/Year Own If rented,attach additional sheet•ivina name address and •hone number of landlord Clty State Zip _ CURRENT r- • LIC 0101 02/2005 Disabled individuals requiring special accommodations,please call the Department.(60Z)542-9027 0510212008 16: 34 5206286620 LIQUOR PAGE 05 ARIZONA DEPAR ,R 0. '.1•F LIQ a:til.CENSES &CONTROL •ls`'S� I , ,� ' i %;. 400 W Congress 6001111 Washington 5th Floor g ass#521 • '�" • ` Tucson AZ 85701-1352 Phoenix AZ 85007-2934 •� �,,•I, �� ►'� • (602) 542-5141 • :; ,,; ,� a (520) 6286595 rY . AN.:L'r•1 � I CI 1 , P''• , • Attention all Local Governing Bodies• Social S c 17'i •;t1' • ��►. '��rv',Ate;. . •, an �p cfa�. 'n� rr�atiah.>��, onfidential. This information may be given to local law enforcement a et1cid fel. ihi 4 r ble;ti7 74.0.:'‘,.;2.,' `�` ' • 0w u�" be , � ,: ,�,, � 't�b �isfi blocked to be unreadable prior to posting • 1: i:F , '9 ' Wit', -_y -'.0 o•.. in-1: i�. ,.... •. fir, e or'print with black ink. Ane: - ofr�►/►„ �rj:04: ,� , 1,45: .- ...Tintt False or incomplete answers could f:•-- • "r ins l ect.,� -4 ,; '- ,:.=,r •4. .041:terfitilrevocation of a license or permit I • E) MEMBER,OFFICER OR MANAGER.ALSO EACH RSON TO BE COMPLETED BY EACI�0 ;=`,!� E Y P��rN5�';,.. i � • F.•�c+,.. •ci"l�;�:�� � COMPLETING THIS FORM MUST' FTAM." PPE/ fy'. E FIN 7. M11,1 ..i.D WHICH H MAY BE OBTAINED AT THE DEPT, FINGERPRINTING MUST BE DONE BY A BONA FIDE LAW ENFORCEMENT AGENCY OR A Fl N915,7,•-,�� ' -INTING SERVICE APPROVED BY THE DEPARTMENT OF LIQ OR. 'THE DEPARTMENT DOES NOT P OVIDETHIS SERVICE. 'I• . . Liquor Licens # ff. 101 07 E 011 there is a '.24.00 •rocessln• fee for each fin•er•rrnt card submitted. A service foe of$25.00 will Abe charged for all dishonored checks(A2R,S.44.6652) tO 3 73 0`32t _ (If thelocation is currently licensed) 1. Check wner❑Partner[]Stockh older[]Member[]Officer IllAgent ❑ Manager(Only) appropriate EOther (Complete Questions 1-20&24) (Complete All Questions except#14, 14a&25) bo i ensee or A.-nt must corn•late#25 for a Mana•er Licensee or Agent must complete#25 •me: 2q \ _ ¼J ? �a vVc-k_c SC t/ C .(0 Date of Birth: ' Last First Mi•die (This Will Not Become a Part of Public Records) 3, Social Security Number: Drivers License#: State: (This VY-J,II Not Become a Part of Public Records) .4. Place of Birth; Height: Weight: Eyes:_ Hair: City State Country (not county) 5. Marital Status 0 Single LI Married fl Divorced❑Widowed Residence(Home) Phone:( ) -- I' $. Name of Current or Most Recent Spouse: Date of Birth: (List all for last 5 years-Use additional sheet if necessary) Last First Middle Maiden "'i` ISI 7. You are a bona fide,resident of what state? If Arizona, date of residency: 8 Telephone number to contact you during business hours for any questions regarding this document. ( ) - 9. If you have been a•resident less than three (3) months, submit a copy of drivers license or voter registration card. .1:b. cizi 10. Name of Licensed Premises: Premises Phone; ( ) - CD 11. Li nsed Premises Address: q .3 1 6--t- U , treet Address (Do not use PO Box City County Zip 12. List your employment or type of business during the past five(5)years;if unemployed part of the time,list those dates. List most re.-nt 1st FROM TO DESCRIBE POSITION EMPLOYER'S NAME OR NAME OF BUSINESS Month/Year Month/Year OR BUSINESS (Give street address,city,state&zip) ICURRENT ATTACH ADDITIONAL SHEET IF NECESSARY FOR EITHER SECTION 13. Indicate your residence address for the last five (5)years: FROM TO Rent or RESIDENCE Street Address • Month/Year Month/Year Own If rented attach additional sheet•/vin. name address and •hone number of landlord C' Stat Zi. • CURRENT • . L---\ , ____ • LIC 0101 02/2005 Disabled individuals requiring special accommodations,please call the Department(602)542-9027 . . . ' • 400ARIZONA DEPARTMENTOQ III.. cr,,F'''-IN S.ES & CONTROL .. T21-'w...NIT* .4,:,,..;;,, .:H.,..,:.,,:., :, , ., . ..., . ..,-. ...„,:,,, ,s, . -. . .,;; ,..3,.. , ,. ,.. .. !lU congress#521 11 Washington 5th Floor Cr 001IV 1l11 , �l�Csan AZ 85701-1352 ; .. Yea 1 Phoenix AZ 85007-2934 Y;. f, (52Q) 523--655 1 (602) 542-5141 . , f,91A..:::1:.*:::!..:. is. .AP� , ,< r 1yQLSFE im -.'.1 ..:.::.:?,., I ;fir. ,' .•I:: :•wX .s M;Jy4.'-•'�'�. t 4. 1 � 1r..N1 •,""':;i:4 q Yp11-__, ., ,, . :-:,:-.:,--, ........., ri ,7ryoritil,1f.!.:,',.2.1,,,A' IaA r.so,; tom,{:,,F, ,, ft♦ ,j,h , �[ 1.,,I 11 YPE l 1 Y F } ,III ia• , �I 1 , rt1�a-, tit ,r1•hl'�1i�ior, i r'i Ifl I r 'I::I CI . en! Partne Stoolkho'ldert;bfftceris�or Managers actively involved in the day to day operations o Notice: Effective Nov.'( 199',AH Owners.Ag •._•.•.•.•i �, ..� �. I,,,„ page f I ill::,!1144 i 1n' �/tN `, � 1" 1 f a roved!lit dor°( Al tt irtirt,Yg{ oUt e a ,rlo rrde roof of`attendance within the last five /ears. See a e of the business must attend a Departmentpp •>.: the Liquor Licensing requirements. SECTION 1 This application is for a: SECTION-;2 Type of ownership: e Section 5 0 J.T.W.R. J.T.W.R.O.S. �oian late Section 6 ❑ TERIM PERMIT Complete Sections to C 2, 13, 14, 15, 16, 17 0 INDIVIDUAL Complete Section 6 \ek._/ IttE�N LICENSE Complete 3,4, 0 PARTNERSHIP Complete Section 6 D PERSON TRANSFER(Bars&Liquor Stores ONLY) Complete Section 7 ns 2,3, 11, 13, 15, 16, 17 %CORPORATIONpI�o,rn,piete Sectio � ❑ LOCATION TRANSFER(Bars and Liquor Stores oNONLY) ❑ LIMITED LIABILITY CO. Complete Section 7late Section 8 Complete Sections 2,3,4, 12, 13, 15, 16, 17 0 CLUB CompriwI 0 GOVERNMENT Complete Section 10 I-0.0PROBATE/WILL,ASSIGNMENT/D1VaRCE DECREE Complete Sections 2, 3,4, 9, 13, ,�15, 17(fee not required) 0 TRUST Complete Section 6 1 GOVERNMENT Co, iete.sections 2,3, �4, 10, 13, 15, 16, 17 ❑OTHER Explain -CI SECTION 3 Type of license and fees: LICENSE#: A' CI>:2) eisill I Department Use Only 2.Total fees attached: $ a' ' M �. Type of License: 1 REFUNDABLE a� APPLICATION FEE AND INTERIMPERMIT FEES (IF APPLICABLE) ARE NOT ,.7,. A service fee of$25.00 will be charged for all dishonored checks(A.R.S.44.6852) SECTION11101,- p‘o, -:----i c - 4 .A licant: 1 applicants must complete this section) ..-----, _ /A ent's Name: Ms. V 0 i 1 e_ t -5 CI* ,, Middle �.Applicant g / ' 1 ,.�, First , appearf---:, y1,4 J., i-- : 4 on license) , ic. !��� (insert one name ONLY to La t • - . , ` 1 i i •• 6`- 2. Corp./Partnership/L.L.C.: _..-_- 0___Y A (Exactly as it appears On Articles of Inc.or Articles of Org.) 'Sh , . * 1 17' 3. Business Name: , a '' . -4gt C , r‘..'?: %,,,) -___ ,c7. (Exactly as it appears on the exterior of premises) 737 t -s-1--- (A,s3 e_ (,) ,o \,) Business Address: VO 0 � )q// 1 __ _ 4. Bu _:_ Zip (Do not use PO Box Number) e \0 City 5. Business Phone: :' ') • • .. - 0 0,- . Residence Ph loop.ed within the incorporated limits of the above city or town? ES Q , ,tva (------) . 0 . 6. Is the business �. �--- � 011° Ii kAe!`-'--4S- 7. Mailing Address: City State Zip 8. Enter the amount paid for a 06, 07, or 09 license: $ (Price of License ONLY) DEPARTMENT USE ONLY 1 ./ • , --, g . ' l ' .. k 0 ., oil 'c, # �s�.►. 0-01r0 Date: _ Ll .. Accepted by: 9',.. a tltl � Fees: „ ,� �_� 20 $ 1 1-(2-05: Application Interim Permit Agent Change Club F. Prints TOTAL �EN RESULT IN A LONGER WAITING PERIOD. PROCESSING APPLICATIONS TAKES APPROXIMATELY 90 DAYS,AND CIRCUMSTANCES OF' You ARE CAUTIONED REGARDING PLANS FOR A GRAND OPENING,ETC,,BEFORE FINAL APPROVAL AND ISSUANCE OF THE LICENSE. LIC 0100 0512005 *Disabled individuals requiring special accommodation, please call (60 542-9027, 1 SECTION 5 Interim Permit, 1. If you intend to operate business while your application is pending you will need an Interim Permit pursuant to A.R.S. 4-203.01. 2. There MUST be a valid license of the same type you are applying for currently issued to the location. 3. Enter the license number currently at the location. 4. Is the license currently in use? 0 YES 0 NO If no, how long has it been out of use? ATTACH THE LICENSE CURRENTLY ISSUED AT THE LOCATION TO THIS APPLICATION. , declare that I am the CURRENT OWNER,AGENT,CLUB (Print full name) MEMBER, PARTNER, STOCKHOLDER OR LICENSEE of the stated license and location. foregoing application State of County of X The foregoing instrument was acknowledged before me this (Signature) day of Day Month Year My commission expires on: (Signature of NOTARY PUBLIC) 0.1111IMMOG RMNIRYWEMIP r1.111 .111.1101,70MI flWit.1.90CM plasrotrsar samormetem oriatemmt essiensom memismor simmeemet winirsgemt SECTION 6 individual or Partnership Owners: EACH PERSON LISTED MUST SUBMIT A COMPLETED FORM"LIC0101",AN"APPLICANT"TYPE FINGERPRINT CARD,AND$29 FEE FOR EACH CARD. 1. Individual: Last First Middle %Owned Residence Address City State Zip -- Partnership Name: (Only the first partner listed will appear an license) General-Limited Last First Middle %Owned Residence Address City State Zip 100 DODo D DL (ATTACH ADDITIONAL SHEET IF NECESSARY) 2. Is any person, other than the above, going to Owe in the profits/losses of the business? 0 YES 0 NO If Yes, give name, current address and telephone number of the person(s). Use additional sheets if necessary. Last -. First Middle Reside.nce Address __City._State,Zip Tele2hone# _ 2 flON7 p �1 .e Cor oration/Limited Liability Co.: N 2r�EE FOR EACH CARD. o fitio.9 2.17 EACH PERSON MUST SUBMIT A COMPLETED FORM"LIC0101",AN"APPLICANT"TYPE FINGERPRINT CART, Complete questions 1, 2, 3, 5, 6, 7, 8. CORPORATIONo of,��'ic�es of��a and�•erafia►r�Agreement. L.L.C.till' V:1 Complete questions 2,4,5, 6, 7 and attach copy -4, 0 pj i ' _ ill C--‘ �' L.C.' Name1. of Corporation/L.L.C.: (Exactly as it appears on Articles of Inc.or Articles of Org.) .� aced/Or anized. . ' : ji ?- ,.��e where Incorporated/Organized:g oratedlOr aniZed. "� 2. Date Incorporated/Organized: . n pf - , r.., �. No.: , / Date authorized to do business in AZ :j 3. AZ Corporation Commission File cicU Date authorized to do business in AZ: AZ L.L.C. File Na: _____,...44.1.---:---- -- 5. Is Carp.IL.L.C. non-profit? 0 YES NO If yes; give IRS tax exempt number: controlling stockholders or members in Corporation/L.L.C.: C; state dip 6. List ail directors,/officers,- contr g Title Residence Address _ ty -- - First Middle r..� - - :. - ... . Last r ' _ __�,2' - . '. Nig/ 4-7 ,4 i -, ' -/-1 T ' i r.-- 7 , )4 t`ct -- ____ , _ _ ? 1. I ,1 --�1 r/ .,_.. -- CJI w / „,. .. ___ ___ //v , i C ,1 , r • _ ------------ - ,\Iii ''''' 1 ..". '''. ''". , ...,... 7,...;,.... ..... ...,•,. ..,,IN, 11111. - , ......,1 -i I i/ .1 ' '4./f e - /Ad'e ' '-' / --- - 102 --/i.'s• atioe,w ...-4.------------- --- -- • _ . ... 5ec, kt. . . . i _________-_. (ATTACH ADDITIONAL SHEET IF NECESSARY) 7. List stockholders or controlling members owning 10% or more: Ci state zi• Middle %Owned Residence A+•ress First -- ig: , ,.... ,, ill, tr) / . / , _ . — ---7 -7- .�. ��`�Y Last - . -. �: di ' 12n— .,,7,0, 4 I, •,'il: : 00 ii-et:3r.) pi,.../t, ,i , v. ,,,,i Ammo- , _ .1., _ , _ . . ''it ' i II S'' C - 4 ' , 1 a I , e ,...500,1....,_ .... ,.„-.7.g.,..-rt,, (ATTACH ADDITIONAL SHEET IF NECESSARY) for the - attach an ownership, and director/officer/members disclosure 8. If the corporation/L.L.C. is owned by another entity, real Attach additional sheets as necessary in order to disclosepeople. parent entity. SECTION 8 Club Applicants: � "t_lC010''",AN"APPLICANT"TYPE FINGERPRINT CARD,AND$29 FEE FOR EACH CARD. EACH PERSON LISTED MUST SUBMIT A COMPLETED FORM Date Chartered: 'I. Name of Club: (Attach a copy of Club Charter or Bylaws)(Exactly as it appears on Club Charter or Bylaws) 2. Is club non-profit? 0 YES 0 NO If tax exempt, give IRS tax exempt number: 3. List officer and directors: Residence Address City State Zip First Middle Title , Last 111110 `- (ATTACH ADDITIONAL SHEET IF NECESSARY) 3 SECTION 7 Corporation/Limited Liability Co.: EACH PERSON LISTED MUST SUBMIT A COMPLETED FORM"LICO1O1",AN"APPLICANT'TYPE FINGERPRINT CARD,AND$29 FEE FOR EACH CARD. 21-0PR 'OP5 AM09:17 0 CORPOR ^�T I Q y t� +�o,.., i . e`;qu s`r 41, T475, 6, 7, 8. 0 L.L.C. Jtok?1, •itf qu i tto s. ` , 44;; '; 'Attach copy of Articles of Or-g. and Operation Agreement J 4VL� 1t + IA 1�1 A 1'1"+T 1 I r �;,� � 1. Name of Corpor o` L` at; ` `: y `4 `'�k ' i'''i . .;,,k SIL 4,i i 1 4L,1:4 as tt% drson A fi� s oilnc.or Articles of Org.) MO >•ii���• 1:.�" >� 'i Iii; `t ?�1.a -' `1 �j,r''� ' 2. Date lncorpora dI`,$•,:t i ed7 ;� {.„ � ' ;RIT Stare v here Incorporated/Organized: • 3. AZ Corporation Commission File No.: Date authorized to do business in AZ: 4. AZ L.L.C. File No: Date authorized to do business in AZ: . Is Corp./L.L.C. non-profit? El YES ONO if yes, give iRS tax exempt number: 6. ist all directors,/officers, controlling stockholders or members in Corporation/L.L.C.: N. ast First Middle Title Residence Address City State Zip 't)( 1441/1.4 . Di re.7----Ar _ V1c . Pees S e 6.:i I 4 (ATTACH ADDITIONAL SHEET IF NECESSARY) 7. List stockholders or controlling members owning 10% or more: Last First Middle %Owned Residence Address City State Zi (ATTACH ADDITIONAL SHEET IF NECESSARY) 8. If the corporation/L.L.C. is owned by another entity, attach an ownership, and director/officer/members disclosure for the parent entity. Attach additional sheets as necessary in order to disclose real people. SECTION 8 Club Applicants: EACH PERSON LISTED MUST SUBMIT A COMPLETED FORM"LICOI OI",AN"APPLICANT'TYPE FINGERPRINT CARD,AND$29 FEE FOR EACH CARD. 1. Name of Club: Date Chartered: (Exactly as it appears on Club Charter or Bylaws) (Attach a copy of Club Charter or Bylaws) 2. Is club non-profit? 0 YES 0 NO If tax exempt, give IRS tax exempt number: 3. List officer and directors: Last First Middle Title Residence Address City State Zip J (ATTACH s ACH ADDITIONAL SHEET iF NECESSARY) 3 SECTION 9 Probate;Vw ll4ssognmeot or Divorce Decree of an existing Bar or Liquor wquor Store. First Middle 1. Current Licensee's Name: Last ;actly as it appears on license) illimr. Assignee's Name: . First Middle Last , License Type: License Number: Date of Last Rene�nra:� 3. ABATE-pISTRIBUTIC};(�INSTRUMENT,OR DIVORCE APPLICATION A CERTIFIED COPY OF THE WILL,PR THE Asst:GNCE I"C?THIS APPLICATION. 4. ATTACH TO THAT THIS A ,...... SPECIFICALLY DISTRIBUTES THE LIQUOR LICENSE TO � �..e.•• � ..�..• �,,, w.••.•� DECREE THAT - ,.s..m. çON10 Dove ment for cities,towns,or counties onlyGovernment 1. Person to administer this license: Last First Middle 2. Assignee's Name: Last First Middle A SEPARATE.LICENSE MUST BE OBTAINED FOR EACH H'PREMISES FROM. VH1 - .SPiRITa�`ol.9SED•. SECTION Person to Person.Transfer: � LICENSEE(Bars and Liquor Sores ONLY).Questions to be completed by CURRENT Entity: Current Licensee's Name: Middle (Indio.,Agent,etc.) . Curr First (Exactly as it appears on license} Last 2. Corporation/L.L.C.Name: (Exactly as it appears on license) 3. Current,Business Name: (Exactly as it.appears on license) Business:At . 4. Current , ddress: Street- City,State,Zip. Last Renewal Date: 5. License Type: License Number: 6. Current Mailing Address: Street (other than business) City,State, Zip . been natifed�of this transfer? 0YES 0 NO 7. Have all creditors, lien holders, interest holders, etc is pending? �1i YES 0 NO If yes, complete section intend to operate the business while this application 8. Does the applicanfi t p ,• application. 5, attach fee, and current license to this pplicatiora. I'n m rights to the above described license to the applicant named in this application and hereby declare g. { hereby relinquish quish y that the statements made in this section are true, correct and complete. CURRENT OWNER, AGENT,CLUB MEMBER; ,declare that I am the . I, ......._..._. Print full name) this sectinnforegoing questionnaire and the PARTNER, STOCKHOLDER or LICENSEE of the stated license. I have read contents and all statements are true, correct and complete. State of County of _ The foregoing instrument was acknowledged before me this X day of Year (Signature of CURRENT LICENSEE) Day Month My commission expires on: (Signature of NOTARY PUBLIC) 4 SECTION 12 Location to Location Transfer: (Bars and Liquor Stores ONLY) ?i_RpR 113409A6 APPLICANTS CANNOT OPERATE.UNDER A LOCATION TRANSFER UNTIL IT IS APPROVED BY THE STATE. 1. Current Business: Name (Exactly as it appears on license) Address 2. New Business: Name (Do not use PO Box Number) Address 3. License Type: License Number: Last Renewal Date. 4. What date doY ou plan to move? What date do you plan to open? SECTION 13 Questions for all in-state applicants: :ki&- tc?i' 01,17 1. Distance to nearest school: ? -0(0 ft. Name of school: (Regardless of distance) '1) VIO lb J . Q OVO Address '4, 2. Distance to nearest church: q CO ft. Name of church: �, A, Ck tAre-f/� (Regardless of distance Ve? , t5' Zi es Address 7 3. I am the: LESSEE 0 SUBLESSEE 0 OWNER 0 PURCHASER(of premises) 4. If the premises is leased give lessors: Name • *as tite � � Address 1 ° . -1---en • . c co ofthe lease? ' I rental/lease rate$ +AThat is the remaining length �. yrs. mos. 4a. Monthly 791X r°6�� or other 4b. What is the penalty if the lease is not fulfilled?. $ (give details-attach additional sheet if necessary) �, license/location excluding Mat is the total business indebtedness of the applicant for this license.loca� lease? $ k more 10%of � 0 YESi�p If yes, list below. Total must equal 100%. Does any one creditor represent than that sum? Last First Middle %Owed Residence Address City State Zip (ATTACH ADDITIONAL SHEET IF NECESSARY) • 6. That type of business will this license be used for?(BE SPECIFIC) Re 0A'01/ 7 . Has a license, or a transfer license for the premises on this application been denied by the state within the past one(1)year? YESP410 If yes, attach explanation. liquor � wholesaler, or employee have interest in your business? OYES Nd 8. Does any spirituous manufacturer,whale�alany 9. is the premises currently licensed with a liquor license? 0 YES NQ If yes, give license number and licensee's name: License# (Exactly as it appears on license) Name 5 SECTION 14 Restaurant,or Hotel-Motel Applicants: 1. Is there a valid restaurant or hotel-motel liquor license at the proposed location? ❑YES Q If yes, give licensee's name: and license#: Last First Middle Question If the answer to 1 is YES,you may qualify for an Interim Permit to operate while your application is pending; consult A.R.S. Section 4-203.01; and complete Section 5 of this application. 3. All restaurant applicants must complete a Restaurant Operation Plan (Form LIC0114) provided by the Department of Liquor. pp 4. Do you understand that 40% of your gross revenue must be from food sales? YES Eii NO — — A...s•a n.....•1 •---eR IMM... � �...a..e � "� mi....., ...M.. I on. .•. �••...1 gl. �... s......4 4..1...1 1w....1 IMOMM1 s.lm.MO 1 SECTION 15 Diag.ram of Premises: (Blueprints not accepted, diagram must be on this form) 1. Check ALL boxes that apply to your licensed premises: Entrances/Exits ,Liquor storage areas �, 0 Drive-in windows ❑ Patio enclosures - ,. ` Underestimated completion date 0 Service windows �, construction: p j/c- C) 0 2.,Restaurants and Hotel/Motel applicants must explicitly depict kitchen equipment and dining facilities. 3. The diagram below only is the area where spirituous liquor is to be sold, served, consumed, dispensed, possessed, or stored. Give the square footage or outside dimensions of the licensed premises. DO NOT INCLUDE PARKING LOTS, LIVING QUARTERS, ETC. f, -."- • if_ -_-;) ? ->7----____) k.-__ 14---1462-C—k" 11, „to, ,v1 - _ , ...___ x . YOU MUST NOTIFY THE DEPARTMENT OF LIQUOR OF ANY CHANGES OF BOUNDARIES, ENTRANCES, EXITS, OR SERVICE WINDOWS MADE AFTER SUBMISSION OF THIS DIAGRAM. 6 •I � �. .@ a 1.g1a1Mii � '., c 1 1115L2t-cpR r7.t--,ti\ it� ALD0, �OTr 1T 0 1 v 3 4 a N 2 ■ __,,,-----_,.----,,------- ----- 1 ''„y 0mmmmOccccccccC ir�dm°°r0Cp, o` °S f �a-400225coz-10i C��xX51x�x><7nTm i I _ r-- _-- -Dto 1L2- _ '1 - + , _ i �0z pHpu I . ` infl I ` — .�CO i ,„_ - _ 4 EE311 ill [§ Pf) r--- ! 44 • 40 .C.. ---1 0 0 NI 1 . / 4 * IIIII 1 z. 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C] I ,.. ./ ' ---5,-, HI ---------- ,.._ rr, , :FT,= . SOL MEXICAN RESTAURANT ORO VALLEY,ARIZONA ,......_ AR5ZONA _ - SS --------------------------.1 ...... . __ 6077 N TRAVEL CENTER BR tiARANA,ART7ONA 85741 111114,47:AILIPANT PHONE:(520)(K)922-M 622-.. FAX: S0 111L....1UPPLN,INC. www.nwestourrmfnuppfy.enm 117.........- il SECTION 16 Geographical Data: A SAMPLE FOR THIS SECTION IS PROVIDED ON THE BACK OF THIS PAGE. List-beim the exact names of all churches,schools, and spirituous liquor outlets within a one mile radius of your proposed location. Ref. A.R.S.4-201 (B),) 1. 3'q (eujcty i . . A . . 2. i 6,5“c P # it' 1C—' ' (---ktASC-ti . N I' 3. )r ie_ '^ ` �A 1. . 1 ( ,, 3 0 . 4- 5'4" -5, 5'n'5 1 i2,,z__?' 4 De i/ , t 11 ,...... ....., r., r -ID 743 1 w G. r 7. A ."''► Lin 8. �. �i r i• ,, 9. \ , ii 50( 0 i cOVI CI // in 10. \ 1 i_,., 11. 12. IIC2 13. C.- 14. 15. (ATTACH ADDITIONAL SHEET IF NECESSARY) ' A=Your business name and identify cross streets. SECTION 17 Signature Block: 1 ,iii fiVesrti‘ei .--, 4 TQA . . declare that: 1) lam the APPLICANT(Owner, Agent, Partner, Stockholder (Print name of APPLICANT/AGENT listed in Section 4 Question 1) (10%or more), Member, Officer(10% or more ownership), or Club Member making this application; 2) l have read the application and the contents and all statements are true, correct and complete; 3)that this application is not being made to defraud or injure any creditor,taxing authority, regulatory authority, or transferor; 4)that no other person, firm, or corporation, except as indicated, has an interest in the spirituous liquor li►-ns_» for which these statements are made; and 5)that to the best of my knowledge and belief, none of the owners, p rtner., mem.ers, officers, directors or stockholders listed have been convict-4 of a felony in the past fiv• )years. c ,-V "'-' , As4 , , , 7 / State of County of -V—in:Q _, X ,%" �'��`'r ".. The fo:.iling instrument was acknowledged before me this (Signatu , ('-1`) 7- ' / """ {d1---e._ -1,-, o , • _ ay of *ay � nt�, Year AN"):') -r) '-‘) l '''''-' \lig My commission expires on: - ‘....J . J/ L) ,'\ 'li k-f) L) ' ' (Signature of NOTARY Ptil IC) t--r-�.1SS .`- b.1'1,., •"-. 1-t..-�„-, ) CE-s OFFICIAL SEAL EAL .f4 '' �Qr,Th•-17-:o, • BEATRICE HUG EP 1 /,F 4?►` e�•:� a NOTARY PUBLIC-ARIk0 , 14 PIMA COUNTY . Q µ My Comm.Expires Aug.3,.2010 f 4i,,.,,,..„......„...,..„....,,,,,......„.......,.....:.......,...„...„......„...:......,, 7 . . . isp ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 1 , XI ,kr4, 400 W Congress#521 . 4111. 800 W Washington 5th Floor Phoenix AZ 85007-2934 kc''74-9 ' ,,,,,,a,o,‘,. Tucson AZ 85701-1352 .:s. --v (520) 628-6595 (602) 542-5141 , • 1.-... I.. ro ail RESTAURANT OPERATION PLAN LICENSE# '1,D-... 10 4*-2- ty 0 i 3 i. List by Make, Model and Capacity of your : Grill / i/Gticesil — , 6 ;ukr e 5 Oven V S R,ez v\ye, - -- e..0 FAA vi-&of iiug/i a 0(2 Pii- C 1/1 Freezer ,t ( rq K--, it i5't 004(104/1 k--/A Refrigerator iCo\Ok)ct. .K .1#(.51tot,44./ l f kiL(e'_ .-pee—G0 0 -? O -- Li-- wot k --r-- Sink i -1---; ilic (969° - * i vocc Dish Washing 4s-'6,8/49,d -r.- L( uL)/5‘. r1g? i yk K./ L04,1 vtiqc5 ,et' ii,eit-tictz/ Facilities . Food Preparation A eAgiViittC31142,02. Counter(DirnensiOns) Other ,Impr , 2. Print the name of your restaurant: cr, 0 ( lAil _ )c. t. ''/__.0 Pr ti 11 ri..3 3. Attach a copy of your menu (Breakfast, Lunch and Dinner including prices). , 4. List the seating capacity for: 73 a. Restaurant area of your premises [ 7 rs, 1:=1 Q b. Bar area of your premises [ -1- ] GI, ni in 1...h. c. Total area of your premises [ e ,, , al 5. What pe.of dinnerware and utensils are utilized within your restaurant? ril Reusable 0 Disposable 6. Does your restaurant have a bar area that is distinct and separate from the restaurant seating? (If yes,what percentage of the public floor space does this area cover). 2gi Yes 1 0 % 0 No 7. What percentafie'Of your public pfemises is used primarily for restaurant dining? (Does not include kitchen, bar, cocktail tables or game area.) *Disabled individuals requiring special accommodations,please call the Department. Lic0114 05/2004 qt111:26 ARIZONA DEPARTMENT OF LIQUOR LICENSES & - s � IZAJL 800 W Washington 5th Floor ' rz fary ,. 5 gi,tA -p r + Phoenix AZ 85007-2934 ••,f , �, _ ,L ;r t�' j. '�' (602) 542-5141 t{ r r,. r•,y •.a Iv �f lt: �}! 44-7,' R7 .•;7011 .��a—'F1 1�C x tic RESTAURANT OPERATI N LICENSE# - ,i3-> 3z, c .a R . List by Make, Model and Capacity of your E R' Grill Oven e Freezer Refrigerator Sink Dish Washing Facilities Food Preparation Counter(Dimensions) Other C1). 2. Print the name of your restaurant: .10,' I3. Attach a copy of your menu (Breakfast, Lunch and Dinner including prices). 4. List the seating capacity for: a. Restaurant area of your premises [ ] b. Bar area of your premises [ + ] c. Total area of your premises [ ] 5. What type of dinnerware and utensils are utilized within your restaurant? ❑ Reusable ❑ Disposable 6. Does your restaurant have a bar area that is distinct and separate from the restaurant seating? (If yes,what percentage of the public floor space does this area cover). ❑ Yes % ❑ No 7. What percentage of your public premises is used primarily for restaurant dining? (Does not include kitchen,bar, cocktail tables or game area.) % *Disabled individuals requiring special accommodations,please call the Department licO114 05/2004 . 8. Does your restaurant containcontainany�games or television? X.,Yes ❑ No If yes, Pool.tablesVideo Games,Darts, etc). i what ty es and.how many of each type(Televisions, specify 0 A E L1-, '' F ) eP 5(-__-.-__c- ----- ,-i,k ,6 -2--- X ±- ÷c:, b q kr' , . . _ . • liveentertainment or daticin:a? .. 0 Yes No 9. Do you have live (If yes, what type and how often?) attach a list of employee positions and their duties to fully staff your business. (14, i . ‘ , . -t 5 _.5,��. Use space below or n 1 -55' 0 ) d e /. 4 0 -•-:) if 1,411(04-r‘No A tilliMPIIMF1 At . 'a' " ) / , 0-') ,. . j°r 6 /67 0 4 . - . I-. - ,LiAmitiammm emomorip.____& , i --- p - 4 _ r- -_-. . .. - _-,1 ' ,_ ' . ucl/44,, , / 0 65> ,, .. • • . ,, ,,, - gir 4, - 0 '4!-- i • -2 AMME1. ANIMMEMIMI-P . ,• 'OP a e e 14. eP- , .1 id 1 A /' ..-' t t‘ imm4./...WMIAWI _ AWTP 111MIMIMP er , e. ' 4- gliallEalir 1 a 411- '. --- 0 A Z,j4- Milgrilo 0• e. ________A JOAN' ' . ' ' ". A"A4—...-0 -5' a' Ain . ) A ',A .400 ,' 't . as ' - VIV-Ak ..WW' '' .3' Mk z.5.--_<'-,0/ . . ' L)/ .-- .-( Dil' C-(. c'tif\ . 9 gil-/6 A -- ._. _ ,c,_, - () A a e9 rlallertilli A A ---;‘"I ..,� _ I 1 4 /7 11 __q___\11__ I 5 . .� °� keg5eby _ PLICANT filing this a plication. have ) a ''- ' I 1 , declare that I am the AP p (Print full name) '� t• correct and complete.,—,-_ read this a.plication and the contents and all st. dents State of �. County of t.1 . .—.----'' ,s 1 1/ ____ Ai a The forego g instrument was acknowledged before me this (Signature of P9", '�- C'l 1C..� / day of. ,---+ . J /' / --- `�" Year t� -- b 4y of Month n Month My4 (—)179 0 .11,2 . C I,. i ,1, commission expires on:. ,-- -.�` -- `ELIC _______ _ (Signature ofNq Y ) I -, .,„,,„..,,,,„,„,...,........,.....,,,,,,,,,,,...,..) t��e c 1T OFF1C1AL SEAL 1 4 ,a. ,''o�, BEATRICE HUGHES p 4''�'` •'- NOTARY PUBLIC i �+ ���,� ,.. T. � -ARIZONA 4 "�:�,::: .3' PMA COUNTY 4 ' .��' , .' My COMM.Expires Aug, / 7 21-APR OR At.10916 04-MAR '08 fits 1;26 Sol Mexican Grill Menu Lunch specials Burrito with rice and beans $6.99 Two tacos with rice and. beans $6.99 Two enchiladas with rice and bean.s $6.99 Quesa.dilla with rice and beans $6.99 Chimichanga with rice and beans $6,99 Fish tacos with rice and beans $6.99 Dinner Came asada tacos with rice and beans $12.99 Enchiladas with rice and beans $12.99 Chimichanga with rice and beans $12.99 Fajitas with rice and beans $15.99 Shrimp alambre with rice $15.99 Flautas with rice and beans $12.99 Green chili with rice and beans $12.99 Nei) Red chili with rice and beans $12.99 Fish tacos with rice and beans $12.99 Steak with rice and beans $16.99 Kids Menu Hamburger with fries $5.99 Chicken fingers with fries $5.99 Bean burrito with rice or beans $5.99 Quesadilla with rice and beans $5,99 Soups Tortilla soup $6.99 Albondigas $6.99 Desserts Ice cream $3.99 Chocolate cake $3.99 Flan. $4.99 21-WR '08 Atle13:16 Sot Mexican Grill Drinks Coke, Pepsi, Sprite, Fanta $1.99 Ice tea $1.99 Coffee $1.99 Juices $1.99 Alcoholic drinks Margarita $5.99 Tina Colada $5.99 Tequila $8.99 Imported beers Negra Modelo $4.99 Bohemia $4.99 Pacifico $4.99 Tecate $4.99 Corona $4.99 Domestic Budweiser $2.99 Miller lite $2.99 ARIZONA DEPARTIVIErKNTOEI,..[QU• LICENSES & CONTROL 21-A - hni.• 800 W Washington 5th Floor 400 W Congress #521 • ;- Phoenix AZ 85007-2934 • Tucson AZ 85701-1352 (602) 542-5141 (520) 628-6595 • HOTEL-MOTEL AN RESTAURANT LICENSES ••IY.r RECORDS REQUIRED FOR AUDIT 9F SERIES #11 4, #12 LICENSES MAKE A COPY OF THIS DOCUMENit ANDRtEP ITWTH YOUR DLLC RECORDS cx • 44. In the event of an audit..you'lwilPib6 askd.TO7provide-talhe Department any documents necessary to determine compliance \Mt6'xRirs. §4-265.02(G). Such documents requested may include however, are not lihnited to: 1. All invoices and receipts for the purchase of food and spirituous liquor for the licensed premises. 2. A list of all food and liquor vendors 3. The restaurant menu used during the audit period 4. A price list for alcoholic beverages during the audit period 5. Mark-up figures on food and alcoholic products during the audit period 6. A recent, accurate inventory of food and liquor (taken within two weeks of the Audit "1:1 Interview Appointment) 4s, 7. Monthly inventory Figures beginning and ending figures for food and liquor 8. Chart of accounts (copy) 1,Z1 9. Financial Statements-Income Statements-Balance Sheets 10. General Ledger A. Sales Journals/Monthly Sales Schedules 1) Daily sales Reports (to include the name of each waitress/waiter, bartender, etc. with sales for that day) 2) Daily Cash Register Tapes - Journal Tapes and Z-tapes 3) Dated Guest Checks 4) Coupons/Specials/Discounts 5) Any other evidence to support income from food and liquor sales B. Cash Receipts/Disbursement Journals 1) Daily Bank Deposit Slips 2) Bank Statements and canceled checks 11. Tax Records A. Transaction Privilege Sales, Use and Severance Tax Return (copies) B. income Tax Return - city, state and federal (copies) C. Any supporting books, records, schedules or documents used in preparation of tax returns 12. Payroll Records A. Copies of all reports required by the State and Federal Government Lic1013 05/2006 4• TOWN OF ORO VALLEY Page 1 of 2 COUNCIL COMMUNICATION MEETING DATE: 06/04/08 TO: HONORABLE MAYOR AND COUNCIL FROM: TOBIN ROSEN, TOWN ATTORNEY SUBJECT: AN ORDINANCE OF THE TOWN OF ORO VALLEY, ARIZONA, ADOPTING CHAPTER 13, THE TOWN OF ORO VALLEY DEVELOPMENT FEE CODE; AND REPEALING ALL RESOLUTIONS, ORDINANCES, AND RULES OF THE TOWN OF ORO VALLEY IN CONFLICT THEREWITH SUMMARY: On May7, 2008 the proposed changes to Chapter 13 of the Oro Valley Town Code were made a public p p record andp laced on file with the Town Clerk. As the Council has been previously informed, during the last �- municipal legislative session several significant changes were made to the statute regarding munic p development ment fees. These changes had prompted review of the Town's current development fee code with an eye (impact) towards amending the code to meet the new requirements of the statute. Our review revealed that while the state statute had been amended several times, the Town Code had not been updated since its enactment in 1997. In its review of the Town Code, the Legal Department identified two courses of action that would bring the Town's development fee code into compliance with state statute: amend the code to match the state statute verbatim, or amend the code to state, more simply, that the Town will enact development fees in accordance with state law. The Legal Department's recommendation is to take the second route, adopting a more general code that could adapt according to subsequent changes in state law. The Town's ability to enact new development fees would be better facilitated by replacing the current code with one that allows for future amendments of the statute and does not bog down in specific requirements, which change almost annually. It is important to reiterate that while the current Town code has not strictly tracked state statute, all of the Town's development fee enactments and increases have been in accordance with state law. ATTACHMENTS: 1. Ordinance No. 08- 10 2. Chapter 13, Oro Valley Town Code in legislative style, reflecting the amendments FISCAL IMPACT: Although there is no direct fiscal impact from the act of amending the development fee code, it will facilitate the adoption of new development fees in the future, which could have a positive impact on the Town finances. • TOWN OF ORO VALLEY Page 2 of 2 COUNCIL COMMUNICATION MEETING DATE: 06/04/08 la SUGGESTED MOTIONS: I move to (approve/deny) Ordinance No. (0) 08- 10, adopting Chapter 13, Town of Oro Valley Development Fee Code and repealing all resolutions, ordinances, and rules of the Town of Oro Valley in conflict therewith. / Tobin Rosen, Town Attorney Jerene Watso ssistant Town Manager .00 David Andrews, Town Manager ORDINANCE NO. (0) 08- 10 'r", AN ORDINANCE OF THE TOWN OF ORO VALLEY, ARIZONA, ADOPTING CHAPTER 13, THE TOWN OF ORO VALLEY DEVELOPMENT FEE CODE; AND REPEALING ALL RESOLUTIONS, ORDINANCES, AND RULES OF THE TOWN OF ORO VALLEY IN CONFLICT THEREWITH; PRESERVING THE RIGHTS AND DUTIES THAT HAVE ALREADY MATURED AND PROCEEDINGS THAT HAVE ALREADY BEGUN THEREUNDER WHEREAS, on February 5, 1997 the Mayor and Council adopted Ordinance No. (0) 97-02, the Town of Oro Valley Development Fee Ordinance; and WHEREAS, over the last several legislative sessions, significant changes to the development fee enabling legislation have been made; and WHEREAS, the Town Development Fee Code has not been updated since 1997; and WHEREAS, it is in the best interest of the Town to update and revise its Development Fee Code so as to better facilitate the adoption of development fees and to adjust to any subsequent amendments to the enabling statute. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of Oro Valley, Arizona, that tthe document, known as Chapter 13, Oro Valley Development Fee Code, is hereby adopted. ted. NOW THEREFORE, BE IT FURTHER ORDAINED: SECTION 1. That certain document entitled, "Chapter 13, Development Fee Code" three copies of which are on file in the office of the Town Clerk of the Town of Oro Valley, Arizona said document having been made a public record by Resolution No. (R) 08-31 of the Town of Oro Valley, Arizona, is hereby referred to, adopted, and made a part hereof as if fully set out in this Ordinance. SECTION 2. That certain document known as Chapter 13, Oro Valley Development Fee Code, adopted by Ordinance No. (0) 97-02 is hereby repealed. SECTION 3. All Oro Valley ordinances, resolutions or motions and parts of ordinances, resolutions or motions of the Council in conflict with the provision of this Ordinance are hereby repealed. SECTION 4. If anysection, subsection, sentence, clause, phrase or portion of this Ordinance 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. %kw F:\Clerk\Town Code\Development Fees\Ordinance Amending Development Fee Code.doc Town of Oro Valley Town Attorney's Office/arm/051408 PASSED AND ADOPTED by Mayor and Town Council, the Town of Oro Valley, Arizona, this 4th day of .TTTNF , 2008. TOWN OF ORO VALLEY Paul H. Loomis, Mayor ATTEST: APPROVED AS TO FORM: Kathryn E. Cuvelier, Town Clerk Tobin Rosen, Town Attorney Date: Date: • F:\Clerk\Town Code\Development Fees\Ordinance Amending Development Fee Code.doc Town of Oro Valley Town Attorney's Office/arm/051408 Chapter 13 DEVELOPMENT FEES Articles: 13-1 GENERAL PROVISIONS 13-2 PROCEDURES-FOR-ADOPTION AND ADMINISTRATION OF DEVELOPMENT FEES 1- Repealed 13-4 TOWN-WIDE ROAD DEVELOPMENT FEE Article 13-1 GENERAL PROVISIONS Sections: 13-1-1 Title 13-1-2 Legislative Intent and Purpose 13-1-3 Definitions 13-1-4 Applicability 13-1-1 Title This chapter shall be known as the "Oro Valley Development Fee" Ordinance, and will be referred to in this chapter as "this ordinance." 13-1-2 Legislative Intent and Purpose This ordinance is adopted for the purpose of promoting the health, safety and general welfare of the residents of Oro Valley by: A. Implementing the Oro Valley General Plan for the preparation of benefit area plans. B. Requiring new development to pay its proportionate share of the costs to Oro Valley associated with providing necessary public services to the development as shown on benefit area plans. C. Setting forth standards and procedures for assessing development fees and administering the development fee program. 13-1-3 Definitions For the purposes of this Chapter, the following definitions shall apply: A. Building Permit means the permit required for construction as determined pursuant to Article 6-1 (Building Code) of the Oro Valley Town Code. For purposes of this Chapter only, the term "Building Permit" shall not include a permit required for reconstruction of a structure if the reconstruction does not reflect a change in the number of EDUs applicable to the development. If the reconstruction increases the number of EDUs applicable to the development, any applicable development fee shall be based upon the amount of the increase. For 111 purposes of this Chapter, the term "Building Permit" shall include the permit or approval required for the placement and occupancy of a manufactured home or mobile home (Oro Valley Zoning Code Revised Section I e. .e - e- - 23.6(J)) B. Development means any activity which requires a building permit. C. EDU or Equivalent Dwelling Unit means the usage of a particular public facility which is equivalent to that of a single-family dwelling. e ... e "— . .• •• ••. • e • • ,•••.• • e • services to a particular development that are incurred sooner than shown i-n the specific benefit area plan because of the distant location of the development from existing public services. E. HURF means highway user revenue funds. F. Non-standard costs means those costs to provide public services to a particular development project that are additional to the ordinary cost of public services, that are due to unique conditions of the development and not otherwise required by the specific benefit area plan. Such conditions may in-clude but are development site and location. DM. Public Facilities means necessary public services that are permanent additions to the Town's assets, that are primarily financed by long-term debt instruments and not from the Town's annual operating budget, and which include design, construction, or purchase of land, buildings and facilities. I. Public Facilities Type means the general category of public facilities being funded by the development fee. EI. Single-Family Dwelling means a building designed for occupancy by one family. 13-1-4 Applicability This ordinance shall apply to all development for which a development fee has been adopted pursuant to Section 13-2-14. Article 13-2 PROCEDURES FOR ADOPTION AND ADMINISTRATION OF DEVELOPMENT FEES Sections: 13-2-1 °ssescmentedoption of Fees 13-2-2 Benefit Are, Pla-n-sAccounting 13-2-3 ' — PlanSchedule of Fees 13-2-4 - - - '- -Collection of Fees - - - - - - - - - - - 13-2-5 Credits 13-2-6 Refunds 13-2-7Annual Development Fee Report 13-2-1 Needs esCesCmentAdoption of Fees law The Town Council may from time to time, by ordinance in accordance with state law and this section, establish development fees designed to support specific categories of community infrastructure which will benefit new development, such as, but not limited to, police, community-wide parks and recreation facilities, roadways, general government infrastructure, water resources, water facilities and wastewater facilities, and which shall be paid by the property owner. Before or in conjunction with the creation of a benefit area plan pursuant to Section 13 2 2, Oro Valley shall conduct a needs assessment for public facilities within the proposed benefit area which - - = =- - '="e - •" =- • - =="" e needs assessment shall: A. Determine and distinguish between existing deficiencies and projected new development needs. B. Inventory existing public facilities which are to be included in the benefit area plan. public facilities. D. Identify the level of service standards upon which the development fee is to be based. 13-2-2 Benefit Area PlansAccounting Monies received from development fees shall be placed in a separate fund established for each category of development fee, accounted for separately and used only for infrastructure related to the category of service covered by the fee. Interest earned on monies in each separate fund shall be credited to such fund. Before assessment of a development fee, the Town shall create a benefit area A • •-•- - • • • • - - •• •- •- • • - ---e --• e -r• - -- anticipated -anticipated future development of the benefit area consistent with the Oro Valley General Plan. B. Each benefit area plan shall determine the actual public facilities costs or public facilities as a result of anticipated new development. C. Each benefit area plan shall identify existing deficiencies, based on level of how the Town plans to remedy existing deficiencies before adopting or imposing included in the public facilities cost determination performed pursuant to subsection 13 2-2B. D. As alternative funding sources are used to pay for public facilities identified in the benefit area plan, the cost of the public facilities shall be reduced accordingly. E. The benefit area plan shall include a credit against contributions made by facilities, including bond proceeds estimated to be generated by sales tax 1. The credit for bond proceeds to be generated from sales tax revenues a. Determine the amount of sales tax revenues used or expected to be used within the current fiscal year to fund the public facilities which are funded with development fees. b. Determine the ratio of 13-2-2E.1.a. to the Town's estimated total sales tax revenues for the current fiscal year. c. Determine the sales tax revenues from sources other than the sale of new homes by household by dividing the Town's estimated total sales tax revenues for the current fiscal year from sources other than the sale of new e--- : -- -stimated current population, and multiplying the result by 2.3. d. Determine the estimated sales tax which will be generated from the initial construction of the development which will be paying the development fee, A -- -- - - -- - -- -- a -- result by the ratio determined in 13 2 2E.1.b. f. Determine the equivalent bond proceeds which would be sustained by an annual revenue stream equal to the result of 13-2-2E.1.e, based on a twenty year payback period (the normal payback period for Town municipal bonds) and the then current bond interest rate. This is the amount of the credit for bond proceeds to be generated from sales tax revenues. 2. The credit for HURF contributions shall be calculated as follows: a. Determine the amount of HURF contributions used or expected to be used within the current fiscal year to fund the public facilities which are funded with development fees. b. Determine the ratio of 13 2 2E.2a to the Town's estimated total HURF revenues for the current fiscal year. c. Determine the HURF contributions by household by dividing the Town's estimated total HURF revenues for the current fiscal year by the Town's estimated current population, and multiplying the result by 2.3. - 1.4 •- - a- a -- - --•--- - - 4. e. Determine the equivalent bond proceeds which would be sustained by-an-annual revenue stream equal to the result of 13 2 2E.2.d, based on a twenty year payback period (the normal payback period for Town municipal bonds) and the then current bond interest rate. This is the amount of the credit for bond proceeds to be generated from HURF contributions. fa-GM-es-construction within the benefit area. The estimate shall be related to the rate of new development projected to occur within the benefit area. G. Development fees shall not be collected from a development until public facilities which bear a reasonable relationship to the needs created by the development are included in a benefit area plan. H. Each benefit area plan shall be reviewed during the Town's annual budget process and amended as necessary to update the estimates of public facilities needs (13 2 2A), costs (13 2 28), alternative funding sources (13-2-2D), credits (13 2 2E), and the amount of the fee. The revised figures shall not be applied 13-2-3 Schedule of Fees A schedule of all development fees adopted shall be compiled and maintained by the Town clerk, together with the written report(s) supporting the development fees a public hearing. 13-2-4 Collection of Fees Development fees shall be collected by the building official who shall be charged with the administration thereof. The building official shall not issue any requested permit or other approval to construct until all applicable development impact fees have been paid, except pursuant to a separate development agreement in which case development fees must be paid no later than fifteen (15) days after a Certificate of Occupancy has been issued. / . - . . . •• - • - - . . • • - ` - - - "e - - - proposed development fee. B. The Town shall provide at least thirty days advance notice of intention to written report that supports the assessment of a new or increased development fee. O. The amount of the development fee shall be roughly proportional to new development's fair share of the public facilities costs determined pursuant to paragraph13_2_7R D. The specific methodology used to determine the development fee shall be described in either the ordinance which adopts the development fee or in the written report that supports the assessment of the development fee. E. The Town shall conduct a public hearing on the proposed new or increased days prior to the scheduled date of adoption of the new or increased fee by the Town Council. F. A development fee assessed pursuant to a. - -- = - -- 'e =- - • - • • •.•- • • - e •• ••e ••• a • •- • • . • G. The benefit area shall be established upon final adoption of the ordinance - • • -•-e •- •- - ••••-• -- 13-2-5 Credits A. A property owner, who dedicates land or improvements, or agrees to participate in an improvement district, or otherwise contributes funds for improvements, or contributes infrastructure or public facilities for which development fees are to be collected, may be eligible for a credit against the development fees that would otherwise be collected; provided, however, the total credit received shall not exceed the amount of the applicable development fee for the specific category and no contribution shall be credited more than once. The value of infrastructure or public facilities contributed shall be at the amount included for such infrastructure or public facilities in computing the development fees. Credits may only be used for development of property for which development fees have been levied. B. An application for a credit must be submitted by the property owner on forms provided by the Town no later than the earlier of: 1. The time of entering into an agreement with the Town to make the contribution, unless the development fee was not in effect at that time and the agreement does not preclude requesting the credit; 2. The time of making the contribution to the Town, unless the development fee Skop was not in effect at that time; 3. Thirty (30) days after the development fee is effective, if, prior to the effective date of the development fee, either an agreement to make the contribution had been entered into with the Town or the contribution had already been made to the Town; or 4. The time of applying for any permit to construct or other approval to construct where development fees are required to be collected. C. Each ordinance establishing a development fee shall designate the Town official responsible for determining the value of credits against the fee. The following criteria shall be used to determine the value of any credit granted: 1. The value of the developer contribution; 2. Whether the contributions will substitute or otherwise reduce the need for the Town's expenditure for the infrastructure for which the development fees are being collected; and 3. Whether the contribution, if not a cash contribution, otherwise meets all applicable Town standards relating to the particular contribution for which the property owner is seeking credit. D. The applicant shall pay the cost incurred by the Town in making the determination. The Town as a condition of proceeding with the application will require a deposit of the reasonably estimated cost. E. Development credits must be used within ten (10) years from the date of issuance of the certificate evidencing the development credit. 13-2-6 Refunds ,,,,,• A. Refund for absence of or reduced benefit or for additional credit. The owner of property for which a development fee has been paid may apply to the Town Council for a refund of all or a portion of the development fee by filing an application for refund within thirty days after payment of the development fee. The Town Council shall refund all or a portion of the development fee if it finds that the public services to be funded with the development fee do not result in a benefit to the development, or if the benefit is less than was expected when the development fee was adopted or last modified, or if the credit allowed by the Town pursuant to Section 13-2-5 is found to be less than the value of any dedication of public facilities being funded by the development fee. An application for refund under this paragraph shall not be processed unless and until the development fee at issue has been paid. B. Refund for time-remote benefit. The owner of property for which a development fee has been paid may apply to the Town Council for a refund of all or a portion of the development fee by filing an application for refund not less than five years after payment of the development fee. The Town Council shall refund all or a portion of the development fee if it finds that the public services to be funded with the development fee have not been provided or constructed and will not be provided or constructed within a time frame that will benefit the development. Any portion of the development fee which has not been spent within ten years for improvements that provide a beneficial use to the development that paid the fee shall be refunded. The refund, including accrued interest, shall be paid to the party who owns the property at the time the refund is made. C. Refund for credits after payment of development fee. The owner of property for which a development fee has been paid may apply to the Town Council for a refund to the extent (1) funds from other sources to which the property owner contributes are used to fund the improvements being funded by the development fee and (2) the payer of the development fee did not receive credit for such contribution at the time the development fee was paid. The refund shall be the difference between the credits which would have been received pursuant to subsection 13-2-5, if the development fee had been paid during the fiscal year in which the refund is applied for and the credits the payer of the development fee did in fact receive when the development fee was paid. 13-2-7 Annual Development Fee Report A. All development impact fees shall be reviewed on an annual basis to ensure each development fee continues to be assessed in a nondiscriminatory manner, results in a beneficial use to the developments that must pay the fees, and bears a reasonable relationship to the burden imposed upon the town to provide additional necessary public services to those developments. 111 B. Within ninety (90) days of the end of each fiscal year, a written report shall be provided to the Town Council and filed with the Town Clerk that includes: 1. A description of each development fee currently assessed including the rate of assessment; 2. An accounting of the funds collected through each development fee assessed, including the balance of the accounts maintained for each fee and any interest accrued to those accounts. This accounting shall include any amounts spent directly for the purposes each development fee is assessed, as well as any amounts used to repay bonds or other Town monies expended on capital improvement projects; and 3. A list of all capital improvement projects funded by each development fee assessed and the physical location of such projects. Article-1-3-3 ADMINISTRATION Seo - • * • - ■ - - . • •• - • I - - - - - em - e . - - . • A .. - : - • - A - 11 . e . me - - • . .. . • ♦ . . • • - •- • •• 111 •• • •- - ••• .• - • • - .•• -- ••• -• • • to this Chapter. Such fees shall be: A. Placed in a separate fund and accounted for separately, with interest Collected when building permits are issued for the development. C. Refunded if the fees are not used for the purpose for which they were collected. The refund shall be paid to the party who own •- e e e- • . _ •- •••- the refund is made. • . • . . - • . . •• - • - - been adopted shall be assessed a fee calculated as follows: A. Multiply the new development's EDU's by the development fee per EDU. B. Add the new development's extraordinary costs (Subsection 13-1 3F). A •• • - •- • - - • •••-• ••• •• • • • - •• D. Subtract the credit against contributions made by the payer of the development fee to other sources of funding for the public facilities funded by the development fee (Subsection 13-2-2E). • •- •-•• ••• •• •• .•• -•. - .•• - - - - - - - e . - - - _ For purposes of th-is Chapter, the expected impact resulting from new development shall be measured i-n ED-U's. Each development fee adopted pursuant to this Chapter shall identify or include an equivalency table or methodology which is to be used to calculate the number of EDUs attributable to each new development. The equivalency y table or a - $ - - - to the public facilities type for why-cls the deve •• - -- - --- -= - e- a. -- --- •-- • - - -• e. - • a -- •-■ -- - -- - --•-- a -- appropriate. A party responsible for the payment of a development fee shall have a credit against that fee in an amount equal to the value of the payer's dedication of facilities being funded by the development fee. The Town Engineer shall e- - --•-- ■- •• ■ e -- -- • -e e- -- - •-- - -- e -- information -information supplied by the party claiming the credit or available to the Town e 'ea e -- --• e - -- • - e - -•-- -- --• - - -- - ---■ - e- - --• e --- •-- - - - e--- e a- e ,.. a, -- ---. •e".-- - occur not later than the time at which the devolopment-fee-i-s-reetuired to be paid. The portion of the fee represented by a credit for construction of improvements shall be deemed paid when the construction is completed and approved by the Town or when adequate security for the completion of the construction has been provided. The Community Development office shall retain copies of all benefit area plans adopted by the Town. who has paid a development fee may apply to the Town Council for a refund of - .- e - , - e---- - -- - ..- • -- • •e- - - -- -.- - • - =- • ent of the development fee. The Town Council shall refund funded with the development fee do not result in a benefit to the development, or if the benefit is less than was expected when the development fee was adopted or last modified, or if the credit allowed by the Town Engineer pursuant to Section 13 3 4 is found to be less than the value of any dedication of public facilities being funded by the development fee. An application for refund under this - - . e . - -• e- - e - -e - - -- - • a- - - - e--•-- -- .- has-been paid_ B. Refund for time-remote benefit. The owner of property for which a development fee has been paid may apply to the Town is fog• or a portion of the development fee by filing an application for refund not less than five years after payment of the development fee. The Town Council shall be funded with the development fee have not been provided or constructed and will not be provided or constructed within a time frame that will benefit the development. Any portion of the development fee which has not been spent within ten years for improvements that provide a beneficial use to the development that paid the fee shall be refunded. The refund, including accrued •• - • •- • .• • •- • ■ •• • •- • ••- ■ •- .••- • •• • made. property for which a development fee has been paid may apply to the Town Council for a refund to the extent (1) funds from other sources to which the • es-- • •- • .• - - -• e 1• •- ••• • e , -"-- e-•-* ••-• • the development fee and (2) the payer of the development fee did not receive credit for such contribution at the time the development fee was paid. The refund shall be the difference between the credits which would have been received pursuant to subsection 13-2-2E, if the development fee had been paid during the fiscal year in which the refund is applied for and the credits the payer of the development fee did in fact receive when the development fee was paid. A. Reimbursement of Town. Development fees may be used to repay the Town if the Town constructs the public facilities using other funding sources. e .. . - .. - . * . - s . ' A •* • • ■ • • • • • repay the private party to the extent of the direct benefit provided to others. Article 13-4 TOWN-WIDE ROAD DEVELOPMENT FEE Sections: 13-4-1 Definitions 13-4-2 Methodology for Determining Town-Wide Road Development Fee 13-4-3 Town-Wide Road Development Fee Equivalency Table 13-4-4 Amount of Town-Wide Road Development Fee 13-4-5 Geographic Application of Town-Wide Road Development Fee 13-4-6 Credits for Roadway Dedications and Improvements 13-4-1 Definitions The following definitions apply to this Article: A. "CIP" means the currently adopted Oro Valley Capital Improvements Plan. B. "Cost Per Lane Mile" means the estimated capital cost per lane mile of a Town arterial roadway improvement which is representative of the roadway improvements anticipated to be needed to serve future development within the Town. C. "Daily Average Lane Capacity" is 8,000 vehicles, which is the average daily capacity of each lane of Town arterial roadway, based on the adopted level of service standard. D. "Traffic Impact Analysis" is a study based on the Arizona Department of Transportation's publication "Traffic Impact Analysis for Proposed Development" that may be required by the Town Engineer to assess the effects that a particular development's traffic will have on the transportation network in the community.means the study required by subsection 3-104(A)(4)(j) of the Oro Valley Zoning Code Revised and as approved by the Town Engineer. E. "VMT" means vehicle-miles of travel per day on arterial roads within the Town. 13-4-2 Methodology for Determining Town-Wide Road Development Fee The Town-wide roadway development fee will be based on new development's anticipated arterial roadway consumption within the Town limits of the Town of Oro Valley. The fee will be determined based on the following formula: AxC B where A is the Cost Per Lane Mile, B is the Daily Average Lane Capacity, and C is the projected VMT per EDU. 13-4-3 Town-Wide Road Development Fee Equivalency Table For purposes of the Town-wide road development fee, the number of EDUs attributable to each new development shall be determined as follows: A. Each single-family dwelling is one EDU. B. Each apartment or condominium unit is .75 equivalent dwelling units or the number of EDUs as determined in the approved Traffic Impact Analysis, whichever is less. C. Non-residential uses shall not be charged a Town-wide road development fee. D. Fractional EDUs shall not be rounded. 13-4-4 Amount of Town-Wide Road Development Fee A. Effective January 15, 2004, the Town-wide road development fee is $3,040.00 per EDU, from which the adjustments shall be made as set forth in Section 13 3 2. 13-4-5 Geographic Application of Town-Wide Road Development Fee A. The Town-wide road development fee shall be collected for new development occurring within the incorporated Town limits, as it currently exists and as expanded from time to time through annexation. 13-4-6 Credits for Roadway Dedications and Improvements In determining the amount of credit to be given for the value of land and improvements under Section 13-2-5 13-3-4 for dedication of land and 4111, construction of improvements to Town arterial roads, the following shall apply: A. If the dedication or construction is for arterial roadway improvements which are scheduled for improvement within five years based on the CIP, the party responsible for payment of the development fee shall be given a credit in an amount equal to the fair market value of the land dedicated and the construction cost of the roadway improvements. The construction cost shall be the actual costs of construction, unless the Town Engineer determines that the actual costs are unreasonable or excessive, in which case the construction cost shall be the reasonable cost as determined by the Town Engineer. B. If the dedication or construction is for arterial roadway improvements which are not scheduled for improvement within five years based on the CIP, the development fee shall be reduced by multiplying the fee by the factor which results from the following formula: 1 - (XxZ ) C where X is the percentage funding from the developer by dedication of construction for the total cost of the roadway segment, Z is the VMT per EDU from the development which will occur on the roadway segment, and C is the projected VMT per EDU. For purposes of this formula, C shall be the same as in Section 13-4-2. The payer of the fee shall have the burden of providing such engineering data as may reasonably be requested by the Town Engineer to determine the amount of the credit to be provided under this paragraph. The Town and the developer may enter into a development agreement to provide repayment to the developer from future development fees collected by the Town to the extent the developer can prove that a portion of the VMT per EDU from other new development will occur on the roadway segment. C. The Town Engineer's determinations under this Section may be appealed to the Town Council in accordance with paragraph 13-3-6C13-2-6(C). D. In determining the credits under this Section, only dedication and construction attributable to capacity improvements occurring after the effective date of this ordinance shall be considered. Dedication and construction credits shall not be given for site-specific improvements, such as acceleration and deceleration lanes required in order to facilitate entry to and exit from a development. TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: June 4, 2008 TO: HONORABLE MAYOR & COUNCIL FROM: Sarah More, Planning & Zoning Director SUBJECT: Public Hearing: Ordinance NO. (0) 08 -11 , OV7-08-02, the Planning and Zoning Department requests approval of a text amendment to Oro Valley Zoning Code Section 27.3 Public Art Provisions. The purpose of the amendment is to clarify maintenance requirements for public art. EXECUTIVE SUMMARY OF APPLICATION: The Planning and Zoning Department proposes an amendment to OVZCR Section 27.3, Public Art Provisions. The amendment is being considered due to previous concerns and issues regarding the maintenance of public art. The existing zoning code is silent and does not provide clarity regarding who is responsible for the artwork after it has been installed. PLANNING & ZONING COMMISSION RECOMMENDATION: At their regular meeting of May 6, 2008, the Planning & Zoning Commission recommended (5 — 0) to conditionally approve the proposed text amendment to Section 27.3. At the meeting, the Commission amended the condition as follows, "The installation of the artwork will be done in a manner that will protect the artwork and the public. Continued maintenance of the artwork shall be the responsibility of the property owner, and the artwork shall be maintained in such a manner as to preserve its intended appearance." BACKGROUND: On May 18, 2005, the Town Council approved the comprehensive code update, which reformatted portions of the Zoning Code. This amendment did not include revisions to the actual code requirements but primarily focused on organization and reformatting certain portions of the code for clarity. As part of this process, some information from various sections was accidentally deleted. This affected the public art code maintenance provisions. In fact, the following was inadvertently removed: "The installation of the artwork will be done in a manner that will protect the artwork and the public. Continued maintenance of the artwork shall be the responsibility of the property owner." Staff is currently working with the Public Art Review Committee (PARC) on a comprehensive review of all public art requirements. The PARC recommendation will be presented at the Planning & Zoning Commission public hearing in August. Maintenance Requirements Currently, there is no wording in the Code that clearly specifies maintenance once artwork has been completed and installed on a property. It is evident that language in this section needs to be included because there have been issues regarding maintenance responsibilities. A copy of the existing Section 27.3 is attached for your review. .tr • TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 2 of PROPOSED AMENDMENT TO OVZCR SECTION 27.3 PUBLIC ART PROVISIONS: The following wording is proposed; "The installation of the artwork will be done in a manner that will protect the artwork and the public. Continued maintenance of the artwork shall be the responsibility of the property owner, and the artwork shall be maintained in such a manner as to preserve its intended appearance. " This wording, if approved, will be incorporated into Section 27.3A.1 of the Code. SUMMARY OF FACTORS: Factors For 1. The text amendment was approved by the Planning& Zoning Commission. 2. The proposed amendment will clarify that the property owner is responsible for continued maintenance. Factors Against 1. None. Attachments: 1. Ordinance NO. (0) 08 - i l , 2. Proposed OVZCR Section 27.3 SUGGESTED MOTIONS: The Town Council may wish to consider the following motion: I move to [adopt or adopt with amendments] Ordinance NO. (0) 08 - 11, OV7-08-02, the Planning and Zoning Department requests approval of a text amendment as depicted in Exhibit A to Oro Valley Zoning Code Section 27.3 Public Art Provisions. / ara More, Plannin: and Zoning Director Jere e Watson, Assistant Town Manager AWL; David Andrews, Town Manager Project Planner: David Ronquillo, Senior Planner F:\OV\OV7\2008\7-08-02\reports\TCreport6-4-08.doc ORDINANCE NO. (0) 08-11 AN ORDINANCE OF T H E TOWN OF ORO VALLEY, ARIZONA, AMENDING CHAPTER 27, GENERAL DEVELOPMENT STANDARDS, SECTION 27.3, PUBLIC ART PROVISIONS, TO CLARIFY THE MAINTENANCE REQUIREMENTS FOR PUBLIC ART; REPEALING ALL RESOLUTIONS, ORDINANCES AND RULES OF THE TOWN OF ORO VALLEY IN CONFLICT THEREWITH; PRESERVING THE RIGHTS AND DUTIES THAT HAVE ALREADY MATURED AND PROCEEDINGS THAT HAVE ALREADY BEGUN THEREUNDER WHEREAS, on March 13, 1981, the Town approved Ordinance No. (0) 81-58, which adopted that certain document entitled"Oro Valley Zoning Code Revised(OVZCR); and WH EREAS, currently, there is no language in the OVZCR specifying the maintenance requirements of public artwork once it has been completed and installed on a property; and WHEREAS, the Planning and Zoning Commission reviewed the proposed amendment at a duly noticed Public Hearing on May 6, 2008 in accordance with State statutes, and recommended approval of the proposed amendment to the Town Council; and WHEREAS, the Oro Valley Town Council has duly considered the amendment to Section 27.3 clarifying the maintenance requirements for public art and the Planning and Zoning Commission's recommendation at a Public Hearing and finds that it is consistent with the Town's General Plan and other Town ordinances. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Town Council of the Town of Oro Valley that: SECTION 1. Section 27.3 of the Oro Valley Zoning Code Revised, Chapter 27, is amended as follows, with additions being shown in ALL CAPS and deletions in Strikeout text: SECTION 27.3 Public Art Provisions A. Public Art Provisions 1. Public artwork: a. Shall be defined as art accessible to public viewing at least forty (40) hours each workweek. b. Shall be on-site, unless developer elects to donate the 1% for the arts as provided in Section 8 of this Subsection, and preferably on the exterior of the building. Art may be located within the building in a retail or hotel project, but not in an office project. c. Shall be permanently affixed. C:\Documents and Settings\droncluillo\Local Settings\Terwor<sy Internet Files\OLK1A9\Amend Section 27 3.doc Town of Oro Valley Attorney's Office/ca/051908 d. Examples of the kinds of art projects to be considered as public artwork include, but are not limited to: sculpture - freestanding, wall-supported or suspended; murals or paintings; earthworks, fiberworks, mosaics; and building features and fixtures, like bike racks, benches, fountains or shade screens, which are unique and,/or produced in limited editions by an artist. A portion of the 1% may also be used to construct performing art facilities used for and by the public for the promotion and production of the arts. e. The following generally are not considered to be art, and, therefore, should not be offered to satisfy the requirements of this ordinance: ordinary directional or standard such as graphics or color-coded location indicators; mass-produced or standard "off-the-shelf' playground equipment, fountains, or statuary; most art reproductions; ordinary landscaping, which normally would be associated with the project; and the services or utilities necessary to operate or maintain artworks over time. f. THE INSTALLATION OF THE ARTWORK WILL BE DONE IN A MANNER THAT WILL PROTECT THE ARTWORK AND THE PUBLIC. CONTINUED MAINTENANCE OF THE ARTWORK SHALL BE THE RESPONSIBILITY OF THE PROPERTY OWNER, AND THE ARTWORK SHALL BE MAINTAINED IN SUCH A MANNER AS TO PRESERVE ITS INTENDED APPEARANCE. 2. For all commercial projects where the total building construction cost is $500,000 or less, the owner/developer may elect to contribute the 1% ($5,000) to the Oro Valley Endowment Fund or any specifically approved art project in the Art Fund or to an approved joint art project planned for the development that contains the contributor's building. For commercial projects where the building construction cost is $10,000,000 or more, the owner may elect to contribute that portion of the 1% over $100,000 to the Oro Valley Endowment Fund or to any specifically approved art project in the Arts Endowment Fund. 3. Art projects may have a small plaque not to exceed 80 square inched in size identifying the work, artist and contributors. SECTION 2. All Oro Valley ordinances, resolutions or motions and parts of ordinances, resolutions or motions of the Council in conflict with the provision of this Ordinance are hereby repealed. SECTION 3. If any section, subsection, sentence, clause, phrase or portion of this Ordinance 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. C:\Documents and Settings\dronquillo\Local Settings\Temporary Internet Files\OLKIA9\Amend Section 27 3.doc 2 Town of Oro Valley Attorney's Office/c3/051908 PASSED AND ADOPTED by the Mayor and Council of the Town of Oro Valley, Arizona this 4th day of June, 2008. TOWN OF ORO VALLEY Paul H. Loomis, Mayor ATTEST: Kathryn Cuvelier, Town Clerk Date: APPROVED AS TO FORM: Tobin Rosen, Town Attorney Date: C_\Documents and Settings\dronquillo\Local Settings\Temporary Internet Files\OLK1A9\Amend Section 27 3-doc 3 Town of Oro Valley Attorney's Office/ca/051908 ATTACHMENT 2 OV7-08-02 PROPOSED OVZCR SECTION 27.3 Section 27.3 Public Art Provisions A. Public Art Provisions 1. Public artwork: a. Shall be defined as art accessible to public viewing at least forty (40) hours each workweek. b. Shall be on-site, unless developer elects to donate the 1% for the arts as provided in Section 8 of this Subsection, and preferably on the exterior of the building. Art may be located within the building in a retail or hotel project, but not in an office project. (Rev. (0) 05-09) c. Shall be permanently affixed. d. Examples of the kinds of art projects to be considered as public artwork include, but are not limited to: sculpture - freestanding, wall-supported or suspended; murals or paintings; earthworks, fiberworks, mosaics; and building features and fixtures, like bike racks, benches, fountains or shade screens, which are unique and/or produced in limited editions by an artist. A portion of the 1% may also be used to construct performing art facilities used for and by the public for the promotion and production of the arts. e. The following generally are not considered to be art, and, therefore, should not be offered to satisfy the requirements of this ordinance: ordinary directional or standard such as graphics or color-coded location indicators; mass-produced or standard "off-the-shelf' playground equipment, fountains, or statuary; most art reproductions; ordinary landscaping, which normally would be associated with the project; and the services or utilities necessary to operate or maintain artworks over time. f. THE INSTALLATION OF THE ARTWORK WILL BE DONE IN A MANNER THAT WILL PROTECT THE ARTWORK AND THE PUBLIC. CONTINUED MAINTENANCE OF THE ARTWORK SHALL BE THE RESPONSIBILITY OF THE PROPERTY OWNER, AND THE ARTWORK SHALL BE MAINTAINED IN SUCH A MANNER AS TO PRESERVE ITS INTENDED APPEARANCE. 2. For all commercial projects where the total building construction cost is $500,000 or less, the owner/developer may elect to contribute the 1% ($5,000) to the Oro Valley Endowment Fund or any specifically approved art project in the Art Fund or to an approved joint art project planned for the development that contains the contributor's building. For commercial projects where the building construction cost is $10,000,000 or more,the owner may elect to contribute that portion of the 1%over $100,000 to the Oro Valley Endowment Fund or to any specifically approved art project in the Arts Endowment Fund. (Rev. (0) 05-09) 3. Art projects may have a small plaque not to exceed 80 square inched in size identifying the work, artist and contributors. Bold text indicates added language Standard text indicates existing language 6 TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: June 4, 2008 TO: HONORABLE MAYOR& COUNCIL FROM: Kathryn Cuvelier, Town Clerk SUBJECT: CONSIDERATION AND/OR POSSIBLE ACTION REGARDING EXTENDING TERM OF PLANNING AND ZONING COMMISSION MEMBER DOUGLAS MCKEE TO JANUARY 1, 2009 SUMMARY: A request has been received by Council Member Carter and seconded by Council Member Abbott for the Town Council to consider making a special extension of Doug McKee's term on the Planning and Zoning Commission to January 1, 2009. Appendix B of the Council Parliamentary Rules & Procedures sets out term limits for Board/Commission members. However, Town Attorney Tobin Rosen has opined that unless the Council wants to change or do away with the term limitations generally, a special extension of an individual appointment in derogation of Council policy is allowed. SUGGESTED MOTION: s that Mr. McKee's term on the Planning''the Council agrees and Zoning Commission should be extended, the g suggested motion shall be: "I MOVE to extend Doug McKee's term on the Planning and Zoning Commission from July 1, 2008 to January 1, 2009." Kat n E. Cuvelier, Town Clerk arliAti"/1 David Andrews, Town Manager 7 TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: June 4, 2008 TO: HONORABLE MAYOR & COUNCIL FROM: Sarah S. More, Planning and Zoning Director SUBJECT: DISCUSSION AND/OR POSSIBLE ACTION REGARDING PROPOSED STATE BALLOT INITIATIVE AND ARROYO GRANDE PLANNING AREA EXECUTIVE SUMMARY: Council Members Abbott and Gillaspie requested that this item be placed on a Town Council agenda. The Nature Conservancy is currently passing petitions to have a question on the ballot in November regarding open space preservation on state trust land. The initiative addresses areas around the state, including the Arroyo Grande area. BACKGROUND: The Town Council has initiated a General Plan amendment, at the request of the Arizona State Land Department (ASLD), for the Arroyo Grande planning area. The Arroyo Grande planning area is 14 square miles in area, extending from the northern Town limits to the Pinal County line, and bounded by Oracle Road on the east and the Tortolita Mountain Park on the west. The conceptual plan being considered for incorporation into the General Plan includes provision of 68% open space, including land areas adjacent to the Tortolita Mountain Park, an area approximately 1/2 of a square mile at the southern end of the planning area where Big Wash adjoins Oracle Road (south of the transfer station), and the major wash systems. The 68% open space area may include conservation areas within subdivision plats. Staff is working with ASLD, Pima County, and numerous experts in the field to determine where, and how large, open space should be set aside for wildlife linkages. The General Plan amendment is projected to be heard by the Town Council on November 19, 2008. REVIEW OF INITIATIVE: The Arizona Constitution now mandates that state trust land be sold or leased at auction to the highest bidder, with funds going to schools and other public agencies. The 2008 State Trust Land Initiative (see attached initiative measure) proposes an amendment to the Arizona Constitution in order to provide for permanent conservation land designation of state trust lands. The land would be appraised at conservation values and could be sold for preservation. The sale of such lands to a governmental jurisdiction would be allowed without auction. A key component of the plan: the immediate conservation of 570,000 acres of what proponents have identified as some of Arizona's most environmentally sensitive lands. ARROYO GRANDE IMPACT: Within the Arroyo Grande planning area approximately 9.5 square miles of area would be set aside as permanent preserve lands (see attached map). The land remaining for planning and development would be the 4 square miles at the northeast corner of the planning area and approximately 1/2 square mile at the very southern end of the planning area. While the Arroyo Grande conceptual plan would preserve approximately 'he same amount of land area (9.6 square miles), it would not all be in public ownership. If the initiative passes, the conceptual plan would be amended to focus on the remaining land area. TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 2 of 2 TIMING: For a constitutional amendment to make the November 4 ballot, advocates must collect 230,047 valid petition signatures by July 3. This initiative is less complex than a similar initiative on the ballot two years ago, and the homebuilders have agreed to take a neutral stance, rather than actively oppose this proposal. Therefore, if adequate signatures are collected, the initiative may have a better chance of passing than previous (4 or 5) attempts. If the initiative passes, Congress must amend the law that established Arizona as a state — a process that may take an additional year. Attachments: 1. Proposed Initiative 2. Map Indicating Proposed Preservation Land in Arroyo Grande cc: Michele Muench F:\Projects\Arroyo Grande\TC comm June 4, 2008 , � i . � • .1 Sarah S. More, Planning and Zoning Director Jer e Watson, Assistant Town Manager adA-ci#4 David Andrews, Town Manager AN INITIATIVE MEASURE PROPOSING AN AMENDMENT TO THE CONSTITUTION OF ARIZONA; AMENDING ARTICLE X.SECTIONS 3,4 AND 7, CONSTITUTION OF ARIZONA;AMENDMENT ARTICLE X,CONSTITUTION OF ARIZONA,BY ADDING SECTION 12;RELATING TO STATE LANDS. TEXT OF PROPOSED AMENDMENT Be it enacted by the People of the State of Arizona, I. Purpose The purpose of this proposition is to permit the State of Arizona to plan and manage state trust land now and in the future in ways that promote well-planned growth,conservation,and sound stewardship in a manner consistent with the mission of the trust,addressing issues that were not of concern at the time of statehood. The amendments proposed here reflect a philosophy that well-planned growth and conservation, together with increased resources devoted to the management and planning of state trust lands,will increase the value of state trust lands to the long-term benefit and protection of the trust and its beneficiaries.To this end,this proposition: 1)Conserves sensitive lands through the designation of approximately 570,000 acres of permanent conservation lands,and allows other lands to be designated for conservation through local planning or to be classified as suitable for conservation through acts of the legislature such as the Arizona Preserve Initiative,A.R.S.§37-311 et seq.Permits conservation lands to be sold to counties,cities,towns,and state agencies for appraised value but without an auction. 2)Modernizes the methods for planning and disposition of trust lands by providing for planning of trust lands with the cooperation of local communities,allowing the state to dispose of right-of-ways without a public auction,and by allowing the state to consider the true value of each transaction when appraising state trust lands. 3)Provides funding for better planning and more effective management of state trust lands in order to increase the revenues distributed to trust beneficiaries and protect the long-term value of trust lands,by authorizing a reasonable percentage of trust land revenues to be used to supplement existing funding for trust lands administration,management,planning,and disposition,and by requiring the state to demonstrate through annual reporting that these monies are being expended in the best interests of the trust and the trust beneficiaries. 1111101, 2. Article X,Constitution of Arizona,is amended by adding section 1.1 as follows: Section 1.1. Designated permanent conservation lands. SECTION 1.1. THE PERMANENT CONSERVATION LANDS DESIGNATED IN SECTION 12 OF THIS ARTICLE SHALL BE USED IN A MANNER CONSISTENT WITH THE CONSERVATION OF THE NATURAL,CULTURAL.AND HISTORICAL ASSETS OF THE LAND.AND SHALL BE RESTRICTED AGAINST DEVELOPMENT IN A MANNER PRESCRIBED BY LAW.PERMANENT CONSERVATION LANDS MAY BE SOLD ONLY PURSUANT TO SECTION 3(B)(4)OF THIS ARTICLE,BUT ARE SUBJECT TO LEASE,RIGHTS-OF-WAY,OR OTHER USES CONSISTENT WITH THE REQUIREMENTS OF THIS SECTION.NOTHING IN THIS SECTION SHALL PRECLUDE THE CONTINUATION OR RENEWAL OF ANY LEASE,RIGHT-OF-WAY,OR OTHER USE OF PERMANENT CONSERVATION LANDS THAT WAS IN EXISTENCE AS OF THE EFFECTIVE DATE OF THIS SECTION. 3. Article X,sections 3,4 and 7,Constitution of Arizona,are proposed to be amended as follows if approved by the voters and on proclamation of the Governor: 3. Mortgage or other encumbrance;sale or lease at public auction Section 3. A.No mortgage or other encumbrance of the said lands,or any part thereof,shall be valid in favor of any person or for any purpose or under any circumstances whatsoever. Said lands shall not be sold or leased,in whole or in part,except to the highest and best bidder at a public auction to be held IN THE county wherein the lands to be affected,or the major portion thereof,shall lie. THE notice of whiell THE public auction . . - .--• :. ,;' -• .: - -•• - , • • shall set forth the nature,time and place of the transaction to be had,with a full description of the lands to be offered,and be published once each week for not less than ten successive weeks in a newspaper of general circulation published regularly at the state capital;and in that A newspaper of like GENERAL circulation •11 then-be regularly published nearest to the location of the lands so offered nor shall any sale or contract for the sale of any timber or other natural product of such lands be made,save at the place,in the manner,and after the notice by publication provided for sales and leases of the lands themselves. B. Nothing here-i- IN THIS SECTION,or elsewhere in THIS article ,shall prevent: 1. The leasing of any of the lands referred to in this article in such manner as the legislature may prescribe,for grazing,agricultural, 11161, commercial and homesite purposes.for a term of ten years or less,without advertisement,OR PUBLIC AUCTION_. 2. The leasing of any of said lands,in such manner as the legislature may prescribe,whether or not also leased for grazing and agricultural purposes,for mineral purposes,other than for the exploration,development,and production of oil,gas and other hydrocarbon substances,for a term of twenty years or less,without advertisement. ;-e-r-, IWO 3. The leasing of any of said lands,whether or not also leased for other purposes,for the exploration,development,and production of oil.gas and other hydrocarbon substances on,in or under said lands for an initial term of twenty(20)years or less and as long thereafter as oil, gas or other hydrocarbon substance may be procured there from in paying quantities,the leases to be made in any manner,with or without advertisement,bidding,or appraisement,and under such terms and provisions,as the legislature may prescribe,the terms and provisions to include a reservation of a royalty to the state of not less than twelve and one-half per cent of production. 4. THE SALE OF ANY OF THE SAID LANDS OR INTERESTS IN THE SAID LANDS THAT ARE DESIGNATED FOR CONSERVATION PURPOSES PURSUANT TO SECTION 1.1 OR SECTION 4(B)OF THIS ARTICLE,OR THAT ARE CLASSIFIED BY THE STATE PURSUANT TO LAW AS SUITABLE FOR CONSERVATION PURPOSES,TO A STATE AGENCY,COUNTY,CITY OR TOWN WITHOUT ADVERTISEMENT OR AUCTION. THE TERMS OF THE SALE SHALL REQUIRE THAT THE LANDS BE RESTRICTED AGAINST DEVELOPMENT,BE USED IN A MANNER THAT IS CONSISTENT WITH CONSERVATION AND BE SUBJECT TO REASONABLE PUBLIC ACCESS,AS FURTHER PRESCRIBED BY LAW. 5. THE DISPOSITION OF RIGHTS-OF-WAY OR EASEMENTS ON,OVER,OR ACROSS THE SAID LANDS WITHOUT ADVERTISEMENT OR AUCTION FOR ROADWAY,TRAILS,RAIL,DRAINAGE.FLOOD CONTROL,BUFFER ZONES,NATIONAL SECURITY,OR UTILITY PURPOSES AND ANCILLARY USES THERETO,IN SUCH MANNER AS THE LEGISLATURE MAY PRESCRIBE. 4. Sale or other disposal:appraisal:minimum price:credit:passing of title Section 4. A.All lands, •LEASEHOLDS,timber,—and other products of land,before being offered,shall be appraised at their true value. 4 PROVIDED THAT APPRAISALS OF THE VALUE OF ANY LANDS OR INTEREST IN LANDS SOLD OR OTHERWISE DISPOSED PURSUANT TO THIS ARTICLE MAY ACCOUNT FOR NON-MONETARY VALUE THAT WILL BE RECEIVED IN CONNECTION WITH SUCH SALE OR DISPOSAL. No sale or other disposal thereof shall be made for a consideration less than the value so ascertained,nor in any case less than the minimum price hereinafter fixed,nor upon credit unless accompanied by ample security,and the legal title shall not be deemed to have passed until the consideration shall have been paid. B. THE STATE SHALL PREPARE PLANS FOR THE USE OF THE SAID LANDS FOR DEVELOPMENT,WITH THE COOPERATION OF THE COUNTY,CITY OR TOWN IN WHICH THEY ARE LOCATED AND PURSUANT TO THE GENERALLY APPLICABLE ORDINANCES,REGULATIONS AND RULES OF SUCH COUNTY,CITY OR TOWN,PROVIDED THAT SUCH 1111111100 ORDINANCES,REGULATIONS AND RULES APPLY EQUALLY TO SAID LANDS AS SIMILARLY-SITUATED TED PRIVATE PROPERTY. LANDS DESIGNATED IN A PLAN FOR CONSERVATION PURPOSES MAY BE SOLD PURSUANT TO SECTION 3(B)(4)OF THIS ARTICLE. C. FOR PURPOSES OF THIS SECTION,"NON-MONETARY VALUE"MEANS ANY FORM OF ASCERTAINABLE VALUE THAT CAN BE DEMONSTRATED IN THE APPRAISAL,INCLUDING AGREEMENTS WITH REGARD TO FUTURE LAND USES OR THE PROVISION OF INFRASTRUCTURE,BUT NOT INCLUDING ANY EXCHANGE OF LAND. 7. Establishment of permanent funds:segregation,investment and distribution of monies Section 7. A. A separate permanent fund shall be established for each of the several objects for which the said grants are made and confirmed by the enabling act to the state,and whenever any monies shall be in any manner derived from any of said lands,the same shall be deposited by the state treasurer in the permanent fund corresponding to the grant under which the particular land producing such monies was,by the enabling act,conveyed or confirmed. B. No monies shall ever be taken: 1. From one permanent fund for deposit in any other.e 2. For any object other than that for which the land producing the same was granted or confirmed,PROVIDED THAT,SUBJECT TO APPROPRIATION BY THE LEGISLATURE,A REASONABLE PERCENTAGE OF MONIES DERIVED FROM RENTALS,INTEREST ON INSTALLMENT SALES AND DISTRIBUTIONS FROM THE PERMANENT FUND MAY BE USED TO ENHANCE,MAINTAIN,OR PROTECT THE VALUE OF THE SAID LANDS OR THE REVENUES DERIVED THEREFROM. C. All such monies shall be invested in safe interest-bearing securities and prudent equity securities consistent with the requirements of this section. D. The legislature shall establish a board of investment to serve as trustees of the permanent funds. The board shall provide for the management of the assets of the funds consistent with the following conditions: 1. Not more than sixty per cent of a fund at cost may be invested in equities at any time. 2 2. Equities that are eligible for purchase are restricted to stocks listed on any national stock exchange or eligible for trading through the United States national association of securities dealers automated quotation system,or successor institutions,except as may be prohibited by NNW general criteria or by a restriction on investment in a specific security adopted pursuant to this subsection. 3. Not more than five per cent of all of the funds combined at cost may be invested in equity securities issued by the same institution, agency or corporation,other than securities issued as direct obligations of and fully guaranteed by the United States government. E. In making investments under this section the state treasurer and trustees shall exercise the judgment and care under the prevailing circumstances that an institutional investor of ordinary prudence,discretion and intelligence exercises in managing large investments entrusted to it,not in regard to speculation,but in regard to the permanent disposition of monies,considering the probable safety of capital as well as the probable total rate of return over extended periods of time. F. The earnings,interest,dividends and realized capital gains and losses from investment of a permanent fund,shall be credited to that fund. G. The board of investment shall determine the amount of the annual distributions required by this section and allocate distributions pursuant to law. Beginning July 1,2000 and except as otherwise provided in this section,the amount of the annual distribution from a permanent fund established pursuant to this section is the amount determined by multiplying the following factors: 1. The average of the annual total rate of return for the immediately preceding five complete fiscal years less the average of the annual percentage change in the GDP price deflator,or a successor index,for the immediately preceding five complete fiscal years. For purposes of this paragraph: (a) "Annual total rate of return"means the quotient obtained by dividing the amount credited to a fund pursuant to subsection F for a complete fiscal year,plus unrealized capital gains and losses,by the average monthly market value of the fund for that year. (b) "GDP price deflator"means the gross domestic price deflator reported by the United States department of commerce,bureau of economic analysis,or its successor agency. 2. The average of the monthly market values of the fund for the immediately preceding five complete fiscal years. H. A REPORT SHALL BE PUBLISHED EACH FISCAL YEAR,IN SUCH FORM AS THE LEGISLATURE MAY PRESCRIBE, 11111011. DETAILING THE AMOUNT AND DISPOSITION OF ANY MONIES USED TO ENHANCE,MAINTAIN OR PROTECT THE VALUE OF LANDS TO THE TRUST PURSUANT TO PARAGRAPH B(2)OF THIS SECTION AND O THE EXPECTED BENEFIT FROM THESE ACTIVITIES TO THE TRUST. - • . • .• - .- - - :•. . ••. II 1� .. • S.. ')5 . .. . .. . 1-994 93-thro 1998 1999 ef-the average of actual a +al di t efts far fiscal-years 1991- 1995 thfough 1998 1999. • 2-For fiscal ye^rs 2000 2001 t reugk 200-2 2003.the greater ef the average of the act ns fer the immediately 4. Article X.Constitution of Arizona,is amended by adding.section 12 as follows: Section 12. Designated permanent conservation lands. SECTION 12. THOSE LANDS HELD IN TRUST BY THE STATE OF ARIZONA PURSUANT TO SECTION 1 OF THIS ARTICLE THAT ARE LOCATED WITHIN THE AREAS DESCRIBED IN THIS SECTION,COMPRISING APPROXIMATELY 570,000 ACRES,ARE DESIGNATED AS PERMANENT CONSERVATION LANDS: 1.BADGER PEAK:SECTIONS 1,2,3, 10 AND 11.T13N R2W;ALL IN YAVAPAI COUNTY.2.BUCKHORN MOUNTAIN STATE PARK: SECTION 23,T13N R2OW,MOHAVE COUNTY.3.BURRO CREEK:SECTIONS 5,7,8, 18 AND 19,T16N R9W;SECTIONS 28,33,34 AND 35,T16.5N R9W;ALL IN YAVAPAI COUNTY.4.CASTLE HOT SPRINGS:SECTION 16,T6N R 1 W;SECTION 2,T6N R2W; THOSE PORTIONS OF SECTION 4 LYING WEST OF CASTLE HOT SPRINGS ROAD,SECTIONS 5 AND 6,T6N R3W;SECTION 1, NW'/a OF SECTION 12,T6N R4W;SECTIONS 31 AND 32,T7N R I W;SECTIONS 5-8, 16-18,20,21,28-33,NE'/NE'/a,E'/ZNW'/aNE'/a, NW'/NW'/aNE'/a,NE'/aSW'/aNE'/a,N1/2SE1/4NE1/4,N'/iNE'NW'/a,W'/zNE'/a,SE'/NW'/s AND S1/2 OF SECTION 36,T7N R2W;SECTIONS 2, 16,25-28,32,AND THOSE PORTIONS OF SECTIONS 33 AND 34 LYING WEST OF CASTLE HOT SPRINGS ROAD,T7N R3W; SECTION 36,T7N R4W;SECTION 32 T8N R2W;ALL IN MARICOPA AND YAVAPAI COUNTIES.5.CATALINA GALIURO CORRIDOR:SECTION 32,TI 1 S R20E,GRAHAM COUNTY;SECTIONS 1,3-5,8-16,21-27,T13S R 18E;ALL IN PIMA COUNTY;LOTS 1 AND 2,S1/2NE1/4 AND 5E1/OF SECTION 1,SECTIONS 12 AND 13,LOTS 1-7,E'/ZNE'/a,S1 SW'/AND SE'/aSE'/a OF SECTION 14,LOTS 111111160, 3.4,AND E1 SW1/a OF SECTION 19,S1/2NE1/4 AND S1 OF SECTION 20.S1/2NE1/4 AND SE1/OF SECTION 21,SECTIONS 22-32,34,35, T 12S R 19E;SECTIONS - 16-18, 1 5 9 AND Tl 2S R..?UE,SECTIONS I AND 2,LOTS 1,2 AND S/ZNE/4 OF SECTION 3,SECTION 5-12, 14, 3 NE1/4NE'/4 OF SECTION 15,SECTIONS 16-21,29,30,NE'A OF SECTION 36,TI3S RI9E;SECTIONS 5,6,7,NW1/4SW'/4 OF SECTION 8, T13S R20E;ALL IN COCHISE COUNTY.6.CATALINA STATE PARK:SW'/4 OF SECTION 16,SECTIONS 17,18,21,E1/2SW'/4 AND SE'/4 OF SECTION 22,W1/2SW'/4 OF SECTION 23,T115 RI4E;ALL IN PIMA COUNTY.7.CAVE CREEK RECREATION AREA:E' SE'/OFlad) SECTION 23,E1/2 OF SECTION 26,SECTION 36,T6N R3E;ALL IN MARICOPA COUNTY.8.CENTENNIAL FOREST:SECTION 3, TI9N R5E;SECTIONS 5 AND 6,T19N R6E;SECTIONS 2,8, 10, 12, 14,18.20,22,24,26,28,30,32.34,36,T20N R5E;SECTIONS 2,4-6, 8, 10, 17, 18,20,28,30,32,34,T2ON R6E;SECTIONS 21,22,26-28,31-34,T2 I N R6E;SECTION 2,T2 IN R8E;ALL IN COCONINO COUNTY.9.CIENEGA CREEK:SECTIONS 35 AND 36,T165 R16E;SECTIONS 10-13.N1/2N'/2,N1/2S'/2,S'/2SW'/4 AND W'/2SW'/4SE'/4 OF SECTION 14,SECTIONS 15-20,N'/2NE'/4,SW'/4,N'/ZSE'/a,N'/2SW'/4SE'/4,SE'/SE'/a OF SECTION 21,W1/2NW'/4NE'/4 AND N1/2NW'/4 OF SECTION 23,SECTION 25,NE'/4 OF SECTION 26,SW'/aSW'/sNW'/,W' SW'/4,NW'/NE'/aSW/4,S'/2 NE'/4SW'/4,SE'/4SW'/4, SW'/4NW'/4SE'/4 AND W'/2SW'/4SE'/4 OF SECTION 27,S1/2NW'/4NE'/4,SW1/4NE'/4,SW'/4SW'/4 AND N1/2SE'/4 OF SECTION 28,SECTIONS 29-34,36, T165 RI7E;SECTION 1,NE'/4,E1/2NW'/4 AND E1/2SE'/4 OF SECTION 2,NE'/4,E' NW'/4 AND E'/2SE'/4 OF SECTION 12,TI7S R16E;SECTIONS 1-9 AND 12,TI7S RI7E;THOSE PORTIONS OF SECTION 4 LYING SOUTH OF INTERSTATE HIGHWAY 10, SECTIONS 5-8, 17-21,28-33,T175 RI8E;SECTIONS 24-26,35,36,T 185 R 16E;SECTIONS 1-3,7, 10-16,20-25,27-30,32-34,36,T 18S R 17E;SECTIONS 2-11,14-23,26,27,29-35,T18S RI8E;SECTIONS 1 AND 2.TI9S RI6E;SECTIONS 1-6, 16,26,35,36,T19S RI7E; SECTIONS 2-6,8-10, 15, 16,20,21,28,29,32,T19S R18E;ALL IN PIMA COUNTY;SECTIONS 1-3, 11-14.23,T2OS R 17E;THOSE PORTIONS OF SECTION 2 LYING SOUTH OF STATE HIGHWAY 82,SECTIONS 6.7, 10, 11, 13-16, 18. 19,23-26,35,36,T2OS RI8E, ALL IN SANTA CRUZ COUNTY. I0.00NTINENTAL MOUNTAIN:SECTION 2,T6N R4E,MARICOPA COUNTY. 11.00R0NAD0 NATIONAL MEMORIAL:SECTION 16,T24S R21 E,COCHISE COUNTY. 12.DAISY MOUNTAIN:S'/2NE'/4,NW'/4 AND SE'/4 OF SECTION 1, NE'/4.E1/2NW'/4,SW'/4NW'/4,AND N1/2S'/2 OF SECTION 12,T6N R2E;W'/zSW'/OF SECTION 6,W'/2 OF SECTION 7,T6N R3E;ALL IN MARICOPA COUNTY. 13.DRAGOON MOUNTAINS WILDLIFE CORRIDOR:SECTION 34,T18S R21 E;SECTIONS 26-28, 33-35,T18S R 23E;SECTIONS 1-4,9-12, 16.T 19S R21 E;SECTIONS 1-4,7-12,T19S R22E;SECTIONS 3-7,T19S R23E;ALL IN COCHISE COUNTY. 14.GLASSF0RD HILL:NW'/4 AND S1/2 OF SECTION 8,W'/2E'/2 AND W'/2 OF SECTION 16,SECTION 17,S1/2SE'/4 OF SECTION 18,N' NE'/4 SECTION 19,N'/2,S' SW'/4 AND SE'/4 OF SECTION 20,T14N R l W;ALL IN YAVAPAI COUNTY. 15.G0LD CANYON:SECTION 29 EXCEPT FOR THE SW'/4SW1/4,E1/2NE'/4 AND N' NE'/4SE'/4 OF SECTION 30,TIN R9E;ALL IN PINAL COUNTY. 16.GRAND CANYON SCENIC CORRIDOR:SECTIONS 14,23 AND 24,T28N R2E;SECTION 19,T28N R3E;ALL IN COCONINO COUNTY. 17.H0M0L0VI RUINS STATE PARK:SECTION 8,W'/2 OF SECTION 10.SECTIONS 16 AND 22,T19N RI6E; SE'/4 OF SECTION 30,SECTIONS 32,34,T2ON RI6E;ALL IN NAVAJO COUNTY. 18.IR0NW00D NATIONAL MONUMENT: SECTIONS 22-27,34-36,T10S R8E;SECTIONS 19,20,TIOS R9E;ALL IN PINAL COUNTY. 19.KARTCHNER CAVERNS CORRIDOR: SECTION 36,T18S R19E;SECTION 19,S'/i OF SECTIONS 32-34,T18S R20E,SECTION 1,T19S RI9E;S'/2 OF SECTIONS 1 AND 2, SECTION 3.N'/2 OF SECTIONS 4 AND 5,N'/2 AND THOSE PORTIONS OF THE SW'/4 LYING WEST OF HIGHWAY 90 IN SECTION 6, N'/2 OF SECTION 10,SECTIONS 11 AND 12,T19S R2OE;SECTIONS 6 AND 7,T19S R21 E;ALL IN COCHISE COUNTY.20.KINGMAN: SECTION 2 EXCEPT FOR THE E1/2E'/2,T2I N R I7W,MOJAVE COUNTY.21.LAKE HAVASU CITY:W1/2NW'/4 AND SW'/4 OF SECTION 4,T13N R19W; S'/2NE'/4 AND 5E1 OF SECTION 32,TI4N RI9W;ALL IN MOHAVE COUNTY.22.LAKE PLEASANT SOUTH RECREATION AREA:SECTIONS 1,2,N'/2 OF SECTIONS 11 AND 12,T6N R 1 E;SECTIONS 35 AND 36,T7N R 1 E;ALL IN MARICOPA COUNTY.23.LAKE PLEASANT NORTH RECREATION AREA:SECTIONS 6,7, 18, 19,AND 30,T7N R2E;ALL IN MARICOPA AND YAVAPAI COUNTIES.24.LESLIE CREEK:SECTION 32,T2OS R28E;SECTIONS 10, 13-16,21-27,T215 R28E;ALL IN COCHISE411111110 COUNTY.25.LITTLE COLORADO RIVER:SECTIONS 13-18,T8N R28E;ALL IN APACHE COUNTY.26.L0WER SAN PEDRO: SECTIONS 24.25.36,T5S R15E;W'/2NE'/4NW'/4,W1/2NW'/4,SE1/4NW'/4,E' SW'/4 AND SW'/4SE'/4 OF SECTION 30,SECTION 31, NW'/4SW'/4 AND E' SE'/4SW'/4 OF SECTION 32,T5S RI6E;SECTION 5 EXCEPT FOR LOT I,SECTION 6,SECTION 7 EXCEPT FOR LOT 4,SECTIONS 8,9, 16, 17,E'/2,E1/2E1/2NW'/4 AND E'/2NE'/4SW'/4 OF SECTION 18,E' E'/2 OF SECTION 19,SECTIONS 20,21,28.29, E'/2NE'/4,E'/2NE'/4SE'/4 AND SE'/4SE'/4 OF SECTION 30,E1/2E'/2 OF SECTION 31,SECTIONS 32,33,T6S RI6E;SW1/4NW'/4 OF SECTION 3, SECTION 4.LOTS 8-12,E'/2SW'/4NW'/4,SE'/4NW'/4 AND E'/2NE'/4SW1/4 OF SECTION 5,LOT 1 AND E1/2SE'/4SE'/4 OF SECTION 6, SW AS W'/iNE'/4,S' NE'/4NW'/4,NW'/4NW'/4,E' S W'/NW'/4,SE'/4NW'/4,NE'/sS W'/4,E' S E'/4SW'/4,S'/ZN'/ZS E'/4,NW ANW'/4SE'/4 AND S1/2SE'/4 OF SECTION 8,SECTION 9,SW'/4 AND SW'/4SE1/4 OF SECTION 14,SECTION 15,SECTION 16 EXCEPT FOR SW'/4SW'/4, E' NE'/4 AND NW'/4NE'/4 OF SECTION 17,E'/2,NE1/4NW'/4 AND E1/2SE'/4NW'/4 OF SECTION 21,SECTIONS 22,23,W'/2SW'/4NW'/4, W'/2SW'/4 AND W' SE'/4SW'/4 OF SECTION 24,W'/2 AND W1/2SE'/4 OF SECTION 25,SECTIONS 26,SECTION 27 EXCEPT FOR W'/2SW'/4NW'/4 AND W'/2SW'/4,NE'/4NE'/4 OF SECTION 28,E'/2,E1/2NW'/4 AND E'/2SW'/4 OF SECTION 34,SECTION 35,T7S R16E; SECTION 2.E'/2NE'/4 OF SECTION 3,E'/2 OF SECTION 11,SECTIONS 12. 13,NE'/4NE'/4 OF SECTION 14,NW'/4NE'/4 OF SECTION 24, T8S R16E;SECTION 7,W1/2NW'/4NW'/4,SWNW'/4,N1/2NW'/4SW'/4 AND SE'/4SW'/4 OF SECTION 8,E'/2 OF SECTION 17,SECTION 18, SE1/4SW'/4 OF SECTION 21,SECTIONS 28,29.32,W' NW'/4 OF SECTION 34,T8S RI7E;SECTIONS 3,5,NE'/4NE'/4 OF SECTION 8, SECTION 10,W' SW'/4 OF SECTION 11,SECTION 14,T9S RI7E;SECTION 32,SW'/4 OF SECTION 33,T9S RI8E;S'/OF SECTION 10, SECTION 11,N1/2N1/2 OF SECTION 12,N'/2 OF SECTION 16,T I OS RI7E;SECTION 4 EXCEPT FOR E'/2NE'/4,SECTION 5,E'/2 OF SECTION 7,SECTIONS 8,9,W'/ZNW'/s AND SW'/4 OF SECTION 10,W'/2E'/2 AND W'/OF SECTION 15.SECTIONS 16, 17,E'/2 AND E' W' OF SECTION 20,SECTIONS 21,22,W'/IW' OF SECTION 26,SECTIONS 27,28,E' E'/2 OF SECTION 29,SECTIONS 33,34,W'/2 OF SECTION 35,T1OS R18E;ALL IN PENAL COUNTY;LOT 2,SW'/4NE1/4,W1/2SE'/4 OF SECTION 4,W'/2SW'/4 OF SECTION 10,NWV4 OF SECTION 15,SE'/4SW'/4 OF SECTION 32,T155 R2OE;ALL IN COCHISE COUNTY.27.LYMAN LAKE STATE PARK:N'/2 OF SECTION 15,THOSE PORTIONS OF NE'/4NE'/4 LYING EAST OF U.S.HIGHWAY 180 IN SECTION 16,TI IN R28E;ALL IN APACHE COUNTY. 28.MALPAI:E' OF SECTION 10.SECTION 15,S'/2 OF SECTION 16,SECTIONS 21-24,26-28,33,34,T23S R30E;E'/2 OF SECTION 33. SECTIONS 34,35,T23S R31 E;SE1/4SE'/4 OF SECTION 1,SECTIONS 4,7,8, 15, 16,E'/2 OF SECTION 18,E'/2 OF SECTION 19,SECTION 21,T24S R3OE;SECTIONS 1-4,SW'/4 AND SW/6E1/4 OF SECTION 6,SECTION 7 EXCEPT FOR THE NE'/4NE'/4,SECTIONS 9-16, 18-24, T24S R31 E;SECTIONS 6-8, 17-20,T24S R32E;ALL IN COCHISE COUNTY.29.MCD0WELL SONORAN PRESERVE:SECTIONS 1,2, 11, 12,T3N R5E;SECTION 1,E1/20/2 OF SECTION 2,E1/2E'/2 OF SECTION 11,SECTIONS 12, 13,E'/2NE'/4 AND NE'/4SE'/4 OF SECTION 14,E'/2 OF SECTION 24,T5N R5E;ALL IN MARICOPA COUNTY.30.MIDDLE VERDE:E1/2E1/2 OF SECTION 2,T14N R4E;NWANE'/4 OF SECTION 32,T14N R5E;E'/2NE'/4 AND N'/2NE'/4SE'/4 OF SECTION 32,T15N R4E;SECTION 7,E'/2,NW'/4 AND E1/2E'/2SW'/4 OF SECTION 16,LOTS 1,2 AND E'/2NW'/4 OF SECTION 18,TI6N R4E;ALL IN YAVAPAI COUNTY.31.NEW RIVER:SECTION 1,THOSE PORTIONS OF SECTIONS 2 AND II LYING EAST OF INTERSTATE 17,SECTIONS 12, 13.T7N R2E;LOTS 1-4,S'/ZN' ,N'/ZS'/z, N'/2SW'/4SW'/4,SE'/4SW'/4,S1/2SE'/4 OF SECTION 5,SECTION 6 EXCEPT FOR S1/2SE'/4SE'/4,LOTS 1-4,E' W'/2,NW'/4NE'/4,W'/2SW'/4NE'/4 AND 5E'/4 OF SECTION 7,E'/2,E'/zNW%,S' SW'/4NW'/4 AND SW'/4 OF SECTION 8,SECTIONS 17, 18,T7N R3E;SECTIONS 13,24,25, THOSE PORTIONS OF SECTIONS 26 AND 35 LYING EAST OF INTERSTATE 17,36,T8N R2E;SECTIONS 5-8, 17-20 AND 29-32,T8N R3E;SECTION 32.T9N R3E;ALL IN MARICOPA AND YAVAPAI COUNTIES.32.0BSERVAT0RY MESA:SECTION 12,T2 1 N R6E; 4 SECTION 18,T2IN R7E;ALL IN COCONINO COUNTY.33.ORACLE STATE PARK:THOSE PORTIONS OF SECTIONS 31 AND 32 LYING SOUTH OF HIGHWAY 77,W'/2 AND S'/zSE'/a OF SECTION 33,SW'/sS W'/a OF SECTION 34,T9S R 15E;THOSE PORTIONS OF %NW" SECTION 16 LYING SOUTH OF HIGHWAY 77,SECTIONS 22,27,30,31,34.T9S R I6E;SECTION 24,T1OS R 14E;SECTIONS 3-5, 51/25W1/4 AND SW'/aSE'/a OF SECTION 8,SECTIONS 9, 10, 17,T105 R 15E;ALL IN PINAL COUNTY.34.PATAGONIA LAKE STATE PARK:THOSE STATE TRUST LANDS SURROUNDING PATAGONIA LAKE STATE PARK,LYING WITHIN THE LUIS MARIA BACA FLOAT#3 AND THE SAN JOSE DE SONOITA LAND GRANTS,ALL IN SANTA CRUZ COUNTY.35.PHOENIX SONORAN PRESERVE:W1/2 OF SECTION 29,TSN R2E;N'/2 AND SE'/s OF SECTION 7,W'/2 OF SECTION 15,NW'/AND S'/z OF SECTION 16, N'/2NE1/4 OF SECTION 17,LOTS 3,4,S'/zS'/ZNEi/a AND S'/2 OF SECTION 19.SW1/4SW1/4 OF SECTION 20,T5N R3E;ALL IN MARICOPA COUNTY.36.PICACHO MOUNTAINS:SECTION 36,T6S R9E;SECTIONS 31-33,T6S RI OE;SECTIONS 1, 12, 13,24,25,THOSE PORTIONS OF SECTION 34 LYING EAST OF THE CAP CANAL,SECTIONS 35,36,T7S R9E;SECTIONS 4,9, 16, 19-21,T7S R 10E; SECTION 1,THOSE PORTIONS OF SECTIONS 4 AND 9 LYING EAST OF THE CAP CANAL,SECTIONS 12, 13,THOSE PORTIONS OF SECTIONS 16 AND 21 LYING EAST OF THE CAP CANAL,SECTIONS 24,25,28,33-36,T8S R9E;SECTION 3,T9S R9E;ALL IN PENAL COUNTY.37.PICACHO PEAK STATE PARK:SECTIONS 4,5,8,THOSE PORTIONS OF SECTION 10 LYING NORTH OF INTERSTATE HIGHWAY 10 EXCEPT FOR ANY LANDS UNDER COMMERCIAL LEASE AS OF THE EFFECTIVE DATE OF THIS SECTION 12 OF ARTICLE X,CONSTITUTION OF ARIZONA,SECTIONS 16, 17,20,T9S R9E;ALL IN PENAL COUNTY.38.RINCON VALLEY:SECTIONS 7, 17-20,28-33.T15S RI7E;ALL IN PIMA COUNTY.39.SAGUARO NATIONAL PARK:SECTIONS 16,28,32,33, TI35 RI2E;ALL IN PIMA COUNTY.40.SANTA CRUZ WILDLIFE CORRIDOR:SECTIONS 32-35,T19S RI3E,ALL IN PIMA COUNTY; SECTIONS 2-4, 10, 11, 14-17,20,23,T2O5 R 13E;ALL IN SANTA CRUZ COUNTY.41.SANTA RITA EXPERIMENTAL RANGE: SECTIONS 33-36,T 17S R 14E;SECTIONS 31-35,T 17S R I5E;SECTIONS 24,25,TI8S RI3E;SECTIONS 1-4,9-16,21-36,T 18S R 14E; SECTIONS 3-9, 16-21,26-34,Tl 8S R 15E;SECTIONS 1-6,9-16,23,T 19S RI4E;SECTIONS 3-10, 16-18,T 19S R 15E;ALL IN PIMA COUNTY.42.SAWTOOTH:SECTIONS 24,25,35,NW'/AND Wt/ZSW'/OF SECTION 36,T9S R6E;SECTIONS 2, 10,TIOS R6E;ALL IN PENAL COUNTY.43.SAN PEDRO RIPARIAN NCA:SECTIONS 26,27,35,T2 1 S R21 E;SECTIONS 1, 12, 13,T22S R2 l E;LOTS 76-78,81, 86 IN SECTION 3,SECTIONS 10, 16,34-36,T22S R22E;SECTIONS 29,31,32,T225 R23E;SECTION 2,T23S R20E;SECTIONS 11,23, T23S R22E;ALL IN COCHISE COUNTY.44.SIERRITA MOUNTAINS:SECTIONS 13.23-25,T2OS R9E;SECTION 14,N1/2NW1/OF SECTION 17,LOTS 1-9 AND NW'/aNE'/a OF SECTION 18,SECTIONS 21,23,26,27,NE'/a OF SECTION 31,SECTIONS 33-35,T205 R 10E;SECTIONS 2-8, 13, 14,LOTS 1-12 IN SECTION 17.LOTS I,2,NE'/a AND E'/ZNW'/a OF SECTION 18,SECTIONS 22-26,28,31-33, 36,T205 R 11E;SECTIONS 7, 10, 11, 15-21,W'/2 OF SECTION 26,SECTIONS 27-33.T2OS R 12E;SECTIONS 1-3, 10, 11,W'/2E'/2 AND W'/i OF SECTION 12,N' N'/2 OF SECTION 13,SECTION 14,SECTION 18 EXCEPT FOR THE NE'/a,N'/2NE1/4 OF SECTION 19, SECTIONS 20,21,T21 5 R 10E;SECTIONS 5,6,T21 S RI 1E;ALL IN PIMA AND SANTA CRUZ COUNTIES.45.SONORAN DESERT NATIONAL MONUMENT:SECTIONS 7,8, 15-22,28,TSS R3W;ALL IN MARICOPA COUNTY.46.SPRINGERVILLE GRASSLANDS: SECTIONS 1,2, 11-14,T8N R27E;SECTION 1,SECTION 2 EXCEPT FOR THE N 920 FEET AND W 700 FEET OF SW'/aSW'/a, SECTIONS 3-6,8-10,NE'/a OF SECTION 11,NW1/4 OF SECTION 12,T8N R28E;SECTIONS 25,36.T9N R27E;LOTS 3,4,E'/2,SE'/aNW'/ AND E'SW'/a OF SECTION 19,SECTIONS 20,21,28-33.T9N R28E;E'/i OF SECTION 7,W'/iNW'/a OF SECTION 8,SECTION 17,E'/2 OF SECTION 18,SECTION 19,N'/2,THOSE PORTIONS OF THE N1/2N1/2SW1/4 LYING EAST OF HIGHWAY 60,AND SE'/OF SECTION 20, T9N R29E;ALL IN APACHE COUNTY.47.SPUR CROSS RANCH CONSERVATION AREA:SECTION 4,S'/2NE1/4 AND N'/ZSE'/a OF SECTION 7,N1 AND N'/ZNW'/SW'/a OF SECTION 8;N1 AND N1/2S1/2 OF SECTION 9,T6N R4E;ALL IN MARICOPA COUNTY. 48.SUPERSTITION MOUNTAINS:SECTIONS 34-36,TIN R9E;SECTIONS 31-36,TIN R 10E;SECTIONS 1-6,N'/2 OF SECTION 8, SECTIONS 9-16,21-23,27,E'/2 OF SECTION 28.NE'/aNE'/a OF SECTION 33.NW'/NW'/a OF SECTION 34,TIS R 10E;ALL IN PENAL COUNTY.49.TONOPAH:SECTIONS 18. 19,30,T2N R7W;SECTIONS 11-13,24,25 AND E'/2 OF SECTION 36,T2N R8W;ALL IN MARICOPA COUNTY.50.TORTOLITA FAN:SECTIONS 1-3,THOSE PORTIONS OF SECTIONS 4,9.AND 10 LYING EAST OF THE CAP CANAL,SECTIONS 11-13,THOSE PORTIONS OF SECTIONS 14, 15,23 AND 24 LYING EAST OF THE CAP CANAL,TI IS R 11E; SECTIONS 6,7, 18, 19,NE'/a AND W1/2 OF SECTION 20,T11 S R 12E;ALL IN PIMA COUNTY.51.TORTOLITA MOUNTAIN PARK:E' AND S'/2SW1/4 OF SECTION 32,SECTION 33,TIOS R 12E;ALL IN PENAL COUNTY;SECTIONS 2-5,8-17,NE'/a OF SECTION 23, SECTION 24,T1 IS RI2E; SECTIONS 1-5, 10-13, 16,Tl 1 5 RI3E;ALL IN PIMA COUNTY.52.TUMAMOC HILL:SECTIONS 9, 10, 15, 16.T14S R13E;ALL IN PIMA COUNTY.53.UPPER CHINO VALLEY GRASSLANDS:SECTION 2,TI 6N R4W;SECTIONS 6,8, 18, TI7N R2W;THOSE PORTIONS OF SECTION 14 LYING NORTH AND EAST OF WILLIAMSON VALLEY ROAD,E'/2 SECTION 22, SECTION 26,T17N R4W;SECTION 20,T18N R2W;SECTIONS 6, 14, 18,24,28.30.32,34,36,T18N R3W;SECTIONS 6,20,28,30,34, T 19N R3W;SECTIONS 2,6,8, 12, 16, 18,20,24,26,28.30.32,34,36,T19N R4W;SECTIONS 4,6, 10, 16, 18,20,22,26,28,30,32,34,36, T2ON R4W;SECTIONS 2.4, 10, 12, 14, 16,22,24,26,28,36,T2ON RSW;SECTIONS 20.28.30,32,T21 N R4W;SECTIONS 20,22,24,26, 28.30.32,34,36,T2I N RSW;ALL IN YAVAPAI COUNTY..54.VERDE HEADWATERS:SECTIONS 5-7,T17N RI W;SECTIONS 1,3, 10, N1/2.W'/2W1/2SW1/4,E1/2NE1/4SW1/4,NE'/SE'/AND W' SE1/a OF SECTION II,SECTIONS 12, 14,23,TI7N R2W;SECTIONS 30-32,T18N R I W;SECTION 36,T18N R2W;ALL IN YAVAPAI COUNTY.55.WALNUT CANYON NATIONAL MONUMENT:SECTIONS 22.28. T2IN R8E;ALL IN COCONINO COUNTY.56.WEST DESERT PRESERVE:SECTIONS 8,9, 16.21,22,28.T18S RI3E;ALL IN PIMA COUNTY.57.WHITE TANKS:SECTIONS 1,1 16.N1 OF SECTION 32.T2N R3W;LOTS 3-10 IN SECTION 31,T4N R2W;S'/2 OF SECTIONS 34 AND 35,T4N R3W;ALL IN MARICOPA COUNTY.58.WICKENBURG:SECTIONS 3,8,9, 16,20.21,32,T7N R4W; THOSE LANDS LOCATED IN SECTIONS 7,8, 16 AND 21 CLASSIFIED AS SUITABLE FOR CONSERVATION PURPOSES BY ORDER OF THE STATE LAND COMMISSIONER AS OF JULY 12,2005,SECTIONS 24,25,SECTION 26 EXCEPT FOR THE N' N'/2,SECTIONS 35,36,T7N RSW;SECTIONS 18,28,29,T8N R3W;SECTIONS 13, 14. 16, 17,N 1/2 OF SECTION 21,E 1/2 OF SECTION 24,SECTIONS 25, 34-36,T8N R4W;ALL IN MARICOPA COUNTY.59.WOODY MESA:SECTIONS 12, 14.22,T2ON R6E;ALL IN COCONINO COUNTY. 60.WUPATKI NATIONAL MONUMENT:SECTIONS 24,26.36,T26N R8E;SECTIONS 20,22,26,28,30,34.36,T26N R9E;SECTION 30, T26N R 10E;ALL IN COCONINO COUNTY. WHERE MINOR CHANGES ARE NECESSARY TO CORRECT TECHNICAL,CLERICAL OR SURVEY ERRORS,THE STATE MAY MAKE CORRESPONDING ADJUSTMENTS TO THE LEGAL DESCRIPTIONS OF THE PERMANENT CONSERVATION LANDS PROVIDED IN THIS SECTION. 5. Maps of conservation lands %IMF The following maps describe the lands designated as conservation lands,pursuant to section 3 of this proposition. These maps are 5 9 provided for illustrative purposes only and the legal descriptions provided in section 4 of this proposition shall control in the event of any inconsistency. ID SITENAME 1 Badger Peak 26 Lower San Pedro 51 Tortolita Mountain Park 2 Buckhorn Mountain State Park 27 Lyman Lake State Park 52 Tumamoc Hill 3 Burro Creek 28 Malpai 53 Upper Chino Valley Grasslands 4 Castle Hot Springs 29 McDowell Sonoran Preserve 54 Verde Headwaters 5 Catalina Galiuro Corridor 30 Middle Verde 55 Walnut Canyon National Monument 6 Catalina State Park 31 New River 56 West Desert Preserve 7 Cave Creek Recreation Area 32 Observatory Mesa 57 White Tanks 8 Centennial Forest 33 Oracle State Park 58 Wickenburg 9 Cienega Creek 34 Patagonia Lake State Park 59 Woody Mesa 10 Continental Mountain 35 Phoenix Sonoran Preserve 60 Wupatki National Monument 11 Coronado National Memorial 36 Picacho Mountains 12 Daisy Mountain 37 Picacho Peak State Park 13 Dragoon Mountains Wildlife Corridor 38 Rincon Valley 14 Glassford Hill 39 Saguaro National Park Legend 15 Gold Canyon 40 San Pedro Riparian NCA 16 Grand Canyon Scenic Corridor 41 Santa Cruz Wildlife Corridor Proposed Lands 17 Homolovi Ruins State Park 42 Santa Rita Experimental Range 18 Ironwood National Monument 43 Sawtooth Cities 19 Kartchner Caverns Corridor 44 Sierrita Mountains 20 Kingman 45 Sonoran Desert National Monument Counties 21 Lake Havasu City 46 Springerville Grasslands /1/\%' Interstate 22 Lake Pleasant North Recreation Area 47 Spur Cross Ranch Conservation Area 23 Lake Pleasant South Recreation Area 48 Superstition Mountains Highways 24 Leslie Creek 49 Tonopah 25 Little Colorado River 50 Tortolita Fan • 0 i 16/ ,_____16.6:c t ., 111111 M Cl ii-6-63 : s, ., : , :,• ,.,...., i... , i____ 1 . - ... -..„--1 i • ——--,...„. • .„------ „......_ . ____... 32 ;3 : _. / ' 1:4417,f21#. l 89 . , T--, E. ,, �..�F..� 53 ��:��''w`�����:�Flagstaff� .___.. 9s .. ... ,,,,k: 17\--, ., : •., 55 ,,--,...,.. , . ............7 €:7 0, 87 . 3,uc_J53 � flSI �.t ,..:iif"hy 3 1 ,3, / 14 s7 '::, 0,, El ".'''.12:,,,,„t,,f,..f; ,..,.,,;: ti 6 . , . Ei Ei 31 ,orair 58 t t r i-..-I, 22 J. :is' .. ...• • • a . gol -1 n",,i;:11 t3*--•' I. EI,....:,.,::: - -- .. .. . . -...._, , ••..,y: El 0 02r7,-,—,LA•:;:j „...23--,...4z- ,,,. 7 /r.,--1 0 • • l'"!.; 12 c:::',....,,,,,,c fc•?,,:4. - •-••,::'. i ..........! Pec,ria N P. 1'3 .1 3529 lif:3,,,:At•.,t.' cc.,. ,.,. ..... i----1 Vr ....--"" '''''`ii.:PJ i•-oi,,,751 ...,. 57 .Y.,:;,,,,cit,,,,,,1 Fl.;',...1,,•.,:',,' .. ., „.„„ \\.0 CZ, ,.,7•.:K.: ...i,i,..,,,,es.:„.:peu,i, EI:.,:',1f€,•:',',V.4i!,,, El ss---,-,,,„.--- ii\ ci ---Gi',1\f,,,,, ... -,-'- -------,--------PhbeniX. ,...,: .:,..:,. 'f=r-'---- Fal ri , 48' . ••,-- vr i 0,,e.,,, ....!.;......... Bt.il..14:g . : 'cl.;€1.,andif,r G•ii,. .:•1. Li.• 45 ...a. / , MR ,..,,;,,•**, ‘,., ET1 1 '• Ed E] LI.H77'2 , :,,,,'::::..,:,,,:1 • PI C.,,,,,,17:•,,,,i,...,, ..,.._.,..,...0-• -..,......._- ' .' 'InC,-,1. '‘, .--,c,,•,••••,‘ .c.... ' ,;.10i,"'?","•," '"- '' ,.., 387 I2i 6g.:::y .: 387 ,--..... : • 1 i ; .. 0 1.:: ''.' ' a • t,.., 26 -tow _ i ,,,„,36 ITT Li ‘,- P.,-!,.:•,,,Ich,,, 1 ,i.„,,. i I - • • • 37 ,, i LE,'t gi . ., .... {:,....1 43---___;„;) .L.,• if- ..:::-• 33--,--n ' 191i . '.. r „,...„. 4, - ... ._....A... 511A 6...e.al --- , ... : 50 -- , ,,(- ';74,.., 6 03 5 - • , ----"-'-------:- 39 ‘,..,.,,,,..:„.„.., ,/7 1.• Th)C,r6' 52...-1.7 Lucson / .. 26 ,' [A / Ill . / i ..,,.7' [1-911 a g 56\j 1"----, ,,,r,-! , 4_, , ?„, „7„--•,,,,-.::-:,:rd,...1 {:! , .i--. -• >,,,c1-,' • '..2 ,, .. . u ,----, D /24 • • ,-,{0 I-A- . . . . s • : 6', Li i —4°X•rrj: 0 fi,,,•-:.:„...e 1:71 c:, 1 •:. , .. \ ! 11 , Nary 7 a a , illiPr ,,... 68 20 ` El /27 •L'0114f. f 1•� •• le; • 5 f . :w.., • Al . .... ,.. 46 , rill: 1:::::, 60 , .,. ,___,t,„.4„). ......_,-;..,,i4,er.,:,-.i .! 0 t.,_.1E-irt LT---71:1 95 f ,. 21 ;.)��...:�;r..^i:;r 373 �i.'��� 273 2-----L2si 25 1153 6. Conditional enactment This proposition is not effective unless on or before December 31,2014,the Arizona-New Mexico Enabling Act(Act of June 20, 1910;36 Stat.557)is amended by Congress and signed into law to authorize the amendment of the Constitution of Arizona as proposed by section 1 through 4 of this proposal. On or before December 31,2014,the state land commissioner shall notify the director of the Arizona Legislative Council in writing whether or not this condition occurred and the date the Enabling Act was amended. 7. Submission to voters The Secretary of State shall submit this proposition to the voters at the next general election as provided by article XXI,Section 1, Constitution of Arizona. 4111, 41, 8 I 1 I ( . I L.L. 1 L. a)(1.) —1 2 1 o Cao Cr.3 S . , .-,:. 0 1140 N k 411 CO 1 — 6.110 f---/ 0 gi 11110 h..._ . A III _.46. co i Ct3 N\ 1, ›, •i > I lift t- C o CO it 6.\„... , ..4 J Z "It:Nz o F- N a) ciz '41 CU 65, \ \_ , III. 00 • — 0 a. .- 0 .� j ill J N c ~ ;i [(I) 1 • Cf) 75 /1111 L las) 0w cou) o 0 c a- � � �Esa) \ 0 2 2 —1 (13 ED_ 12 ..E" in' co cn w i /\-------4A11 ( . o as F- (2 c a. • • -/-off R , _ , .. , , , d . .,,,,.„...„4„:„„.,,,,,,,...r.,..,,,,..,...,,,,......,,,,....,„.,.„,..,...,,,.,.,.. . , eform ee e . .. `,. a ' ' I A' ‘ ,e b use' .. f . , By Mark Winkleman highest and best use,the best interests of the trust �G -�' I. TOTHEARIZONADAILYSTAR �t'"`�'Sr1�J�'��y�rM'Vrq�,,� � � � .;,',.',7f.4,41'.,',.- SPECIAL would typically y I�' { ' be served. K ., ..4 ;,+cI i QWhy is the State Land Department not leas- . ing land for the human population,like it i 1 �. rl. ' How can State Trust land be utilized in a way - : tui . does for cattle,instead of selling the land? • �.,tom+^ `= to protect environmentally sensitive open , / 7.I r w r f r;: Because the State Trust lands are held in a ' spaces and protect wildlife corridors. ;- '"" "+ -rest , i.: perpetual trust,the Land Department always Trust lands are planned and developed '`;, - -----4,. - w`„,, �r•_.. considers how to maximize its revenues over the A adherence with local ordinances and take into �''"' • r. long term. account federal state and local ordinances pertain- - '� L}' '•�, Our general policy is that we issue ° ground leases ingto various environmental elements,such as pro- TUCSON GROWTH , t+, for commercial land and we sell residential land. tection of riparian areas and endangered or threat "�� We would prefer to lease all of our lands,but ur ened species. We gathered questions at Tucson Growth:Decision'at -` 1? Land Department staff has also been .' the Crossroads,a forum on understanding growth in chasers of homes and the lenders providing mort- working with local governments to provide for the '1, gages for homes are unwilling to accept homes onthe Tucson region on March 14 at the Universe of.Ari- , i, p protection ofwildlife corridors and other open �_ leased Land in Arizona at this time.There are a few spaces that are important. ,`zona's Student Union Memorial Center ballroom. .. f Today forum panelist Mark Winkleman,the Adzes �' examples around the country,mostly m Hawaii, ` We recently engaged in an initial planning effort . i.; where homes are built on leased lands. for more than 9,000 acres of State Trust lands that land commissioner,offers responses to questions Almost all of these examples are in areas where . likely be annexed into the town of Oro Valley. from forum participants, } the supply of land is severely constrained and home The Land Department,the town and Pima County buyers don't have many options.That is not the ., worked cooperatively on the plan that would pro- On StarNet:Find presentations from Tucson- '8 case in Arizona and the market is unwilling to ac- vide for 68 percent of the land to be preserved as .' Growth;Decision at the Crossroads,responses cept homes on land leases at this time.We have open space and ensures that a wildlife corridor will to previously asked questions and other'resources, been very successful in using leases for commercial bepreserved. such as newly added{inks to Smart Growth America, lanYs and several of Arizona's mostsuccessful pro- the Urban Land Institute at the Smart Growth Net jects are on leases of State'Frust lands. - How do you view recent voter initiatives to work,at azstarnet.com/special/growthresources. Q set aside state trust land for conservation? ` QIs mining considered the,"best and highest What do you believe are the most important ele- 7,,,,t4',,.,:----71.,,,,,w.4.;..,,_:,._,- use"of state land? . t- - x f; merits of state land reform? Mark VYlnkleman was appointed .,';7-,,,,,414 k�����lx A In some instances mining can be considered a: Arizona will continue to grow and it is imper- Arizona state land commissioner 4."= "highest and best"use,but usually only on an A ative that the Land Department be in a �'' ` interim basis. P post- by Gov.Janet Napoletano in Janu � :� ,����r; tion to bring appropriate lands to market and desig- ary 2003.His primary responsibil t,r� State law prohibits the Land Department from nate other,more sensitive areas for permanent ity is acting as trustee in the man , selling lands that have known mineral value.m ad- open space.Without meaningful reform,we will agement of more than 9 million '"�= dition,once mineral value has been discovered on continue to see these lands"leap frogged"over and acres of State Trust land in Ari- -e p trust lands,state law provides mining activity to sprawl will continue to tax our infrastructure and zona,including more than ''' -u` occur with only a few exceptions.Therefore,state our pocketbooks. 500,000 acres in major cities. law incentivizes the Land Department to cause min- . The Land Department is unable to keep up with Winkleman has a commercial real e eral deposits to be extracted so that the trust lands the demands of oversee ' can be dispensed of for their ultimate" �more than 9 million estate background.He founded and operated MGS -,,,,,,./.:, � best"use. highest and . acres.For us to become a true asset manager,itis Realty Partners prior to his appointment.Winkleman f'; I imperative that we have the resources and updated received his law degree from the University of Virginia ,p;,„.'• During the past two years,we have worked close legal framework that will allow us to effectively School of Law. ..-V..-',-- ly with Pima County to ensure that the mining leas- plan and manage our lands in a responsive— 4 es issued by the Land Department conform with the rather than reactive—manner. '-,2'''. , most current and responsible �y po mining practices.For _ The Trustland reform initiative being - .. example,concurrent reclamation,performance signaturesfor circulated fain a portion of the revenue it generates in order to contains a number of provisions become a better asset manager.Additional resources bonds and limitations on the amount of groundwa- meant to modernize the way Arizona's Trust lands will allow the department to more effectively manage ter,that can be used from the lease site are elements are managed_The proposal restricts development the trust,work collaboratively with local govern- the department includes in its standard agreements., on more than 570,000 acres of Arizona's most sensi- menta and create revenue for its beneficiaries. If the trust can receive interilit revenue from the. tive Trust land and provides a mechanism that can Finally,the method used by the department to extraction of mineral deposits,cause a complete be used to designate additional lands as lands are issue easements across Trust lands would be simpli . 1 restoration of the lands thereafter and continue to planned in cooperation with local governments. fled and modernized in order to create benefits for f have the lands available to determine the ultimate , The Land Department also would be allowed tore- the Trust as well as all Arizonans.' , Managing no •. • r . By Sarah Garecht Gassen . ., , , ARIZONA DAILY STARWEB - typically for commercial use.The est income generated$118.9 million ON THE WEB`i -P: laws governing why,when and how for public schools and institutions;an ,r For more information on the Arizona he Arizona State Land Depart- these lands are used are complex and additional$35.6 million came from : mentis the agency charged by , State Land Department,Visit: ', ".?- the intricacies can be difficult to un- treasurer's formula distributions,$5.6 the Legislature with oversee- www.land.stato,az usyhisto htm,; derstand. Mg and nianagirig the lease and sale ry• million from commercial prepay- ofland owned by the state. Here are the basics: • meets and$3.1 million from school 1 State Trust lands encompass leases.Almost$10 million was de- 4;�� The job'isn't as simple as it may � more than 9 million acres. posited into the general fund. ` R `' sound. ,< Every parcel is evaluated individually I The Arizona public school system In the most general terms,State The Land Department stems from to determine what that means in each is the largest beneficiary of State Trust lands aren't the same as"public the creation by the first Legislature, case and this is where goals of conser- Trust lands.Other beneficiaries in- lands,"which are typically used by in 1912,of a three-member State Land 'vation and making a profit for the clude legislative,executive and.judi- people for recreation,like a national Commission.The commission was trust's beneficiaries can collide. cial buildings, tasked with overseeing and dregs,the Arizona State Hos- or state park.While it's possible to making The Land.Department and its man- pital and the prison system. - use State Trust lands for recreation, recommendations about land granted agement system were established in 1 Proceeds from the sale of land,as most activities—hiking to Arizona byCongress ,camping, _. for the benefit 1915".. in order that the multitude- well as the sale of natural products like bird-watching of public schools and other institu- nous detail attached to the State's var- water,fuel wood or —require ' tions. gravel,and royal- Licensed hunters and fishers may ted land interests may have constant ties from minerals are transferred to use State Trust land without a special The commissioners decided that, attention and to prevent irretrievable the state treasurer to be invested and permit in season,but activities like unlike other states,Arizona should loss." used for public education,according to target shooting, I not sell its trust lands but instead put State Trust lands can be sold,typi- the Land De tpaintballdgames,vrre- them to their"highestDepartment's Web site. works and metal detecting are never and best use." cally for residential use,or leased, 1 In fiscal 2007,land rents and inter- allowed. aSSMININI t., .:I R f,, ' ti. � ` Y 1