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HomeMy WebLinkAboutPackets - Council Packets (828) AGENDA ORO VALLEY TOWN COUNCIL STUDY SESSION MARCH 12, 2008 ORO VALLEY TOWN COUNCIL CHAMBERS 11000 N. LA CANADA DRIVE STUDY SESSION - AT OR AFTER 5:30 p.m. CALL TO ORDER ROLL CALL 1. PRESENTATION BY CAROLYN CAMPBELL OF THE COALITION FOR SONORAN DESERT PROTECTION ON WILDLIFE CORRIDOR/OPEN SPACE ISSUES RELATED TO ARROYO GRANDE PLANNING AREA 2. UPDATE ON THE REGIONAL TRANSIT AUTHORITY (RTA) FUNDED PARK-AND-RIDE FOR THE TOWN OF ORO VALLEY 3. PRESENTATION OF DRAFT FINANCIAL AND BUDGETARY POLICIES FOR THE TOWN OF ORO VALLEY 4. LEGISLATIVE UPDATE ON PROPOSED DEVELOPMENT IMPACT FEE LEGISLATION ADJOURNMENT POSTED: 03/05/08 3:00 p.m. cp 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 (520)229-4700. TOWN OF ORO VALLEY Page 1 of 1 COUNCIL COMMUNICATION MEETING DATE: 3/12/08 TO: HONORABLE MAYOR AND COUNCIL FROM: DAVID ANDREWS, TOWN MANAGER SUBJECT: PRESENTATION BY CAROLYN CAMPBELL OF THE COALITION FOR SONORAN DESERT PROTECTION ON WILDLIFE CORRIDOR/OPEN SPACE ISSUES RELATED TO ARROYO GRANDE PLANNING AREA SUMMARY: The mission of the Coalition for Sonoran Desert Protection is to achieve the long-term conservation of biological and diversity ecolo ical function of the Sonoran Desert through comprehensive land-use planning, g with primaryemphasisCounty's on Pima Count 's Sonoran Desert Conservation Plan. Carolyn Campbell, Director of the Coalition for Sonoran Desert Protection, has been invited by Barry Gillaspie to speak to the Town Council regarding wildlife corridors/open space related to the Arroyo Grande Planning Area. g g ATTACHMENTS: 1. Pima County Conservation Lands System Regional Plan Policy 2. Pima County Conservation Lands System Map D.- a,,,i, David Andrews, Town Manager Conservation Lands System As Amended June 21, 2005 Regional Plan Policy 6 Environmental Element B. Natural Resources 1. Conservation Lands System The Environmental Planning Element calls for analysis, policies and strategies to address anticipated effects of implementation of plan elements on natural resources. Policies and strategies under this plan element are designed to have countywide applicability. Conservation actions are to be encouraged, and protection of biological resources is considered an essential component of land-use planning. The Conservation Lands System (CLS) is designed to protect biodiversity and provide land use guidelines consistent with the conservation goal of the Sonoran Desert Conservation Plan (SDCP). The overarching purpose of the SDCP is to: Ensure the long-term survival of the full spectrum of plants and animals that are indigenous to Pima County through maintaining or improving the habitat conditions and ecosystem functions necessary for their survival. The CLS was constructed according to the most current tenets of conservation biology and biological reserve design. The CLS: •perpetuates the comprehensive conservation of vulnerable species; • retains those areas that contain large populations of focal vulnerable species; • provides for the adjacency and proximity of habitat blocks; • preserves the contiguity of habitat at the landscape level; and • retains the connectivity of reserves with functional corridors. The collective application of these individual tenets produces a CLS that retains the diverse representation of physical and environmental conditions, preserves an intact functional ecosystem, minimizes the expansion of exotic or invasive species, maximizes the extent of roadless areas, and minimizes fragmentation. Implementation of the CLS not only conserves those biological resources that exist today but, because of its landscape focus, preserves the future ebb and flow of resources essential to a healthy functioning ecosystem. The seven CLS conservation land categories reflect relative values of biodiversity for various lands across the landscape. Based on the science of the SDCP with participation and oversight by the SDCP Science Technical Advisory Team (STAT), seven CLS conservation land categories (CLS categories) were created, defined, and mapped. Each category has an associated conservation guideline policy. a. General Application of CLS: CLS category designations and Conservation Guidelines policies apply to land uses and activities under the jurisdiction of Pima County and Pima County Flood Control District. Application of these designations or guidelines shall not alter, modify, decrease or limit existing and legal land uses, zoning, permitted activities, or management of lands. These policies apply to new rezoning and specific plan requests, time extension requests for rezonings, requests for modifications or waivers of rezoning or specific plan conditions, including substantial changes, requests for Comprehensive Plan amendments, Type II and Type III conditional use permit requests, and requests for waivers of the subdivision plat requirement of a zoning plan. Implementation of these policies shall achieve the level of conservation necessary to protect a site's conservation values, preserve landscape integrity, and provide for the movement of native fauna and pollination of native flora across and through the landscape. New applications subject to this policy will be evaluated against the following conservation guidelines for the CLS categories, where applicable, to determine their appropriateness: b. Important Riparian Areas: 1) These areas are characterized by hydro-riparian, meso-riparian and xero-riparian biological communities. Hydro-riparian communities generally exist in areas where vegetation is supported by perennial watercourses or springs. Meso- riparian communities generally exist in areas where vegetation is supported by perennial or intermittent watercourses or shallow groundwater. Xero-riparian communities generally exist in areas where vegetation is supported by an ephemeral watercourse. Important riparian areas are valued for their higher water availability, vegetation density, and biological productivity. In addition to the inherent high biological value of these water-related communities, important riparian areas including their associated upland areas provide a framework for linkages and landscape connections. Important riparian areas are essential elements in the CLS. 2) Conservation Guidelines - At least 95 percent of the total acreage of lands within this designation shall be conserved in a natural or undisturbed condition. Every effort should be made to protect, restore and enhance the structure and functions of Important Riparian Areas, including their hydrological, geomorphological and biological functions. Areas within an Important Riparian Area that have been previously degraded or otherwise compromised may be restored and/or enhanced. Such restored and/or enhanced areas may contribute to achieving the 95 percent conservation guideline for Important Riparian Areas. c. Biological Core Management Areas: 1) This category identifies lands that fulfill the five tenets used to construct the CLS and which provide greater biological diversity than Multiple Use Management Areas. These areas are primarily distinguished from other lands within the CLS by their potential to support high value habitat for five or more priority vulnerable species as identified by the SDCP. 2) Conservation Guidelines - At least 80 percent of the total acreage of lands within this designation shall be conserved as undisturbed natural open space. As such, land-use changes will result in 4:1 land conservation (i.e., four acres conserved for every one acre developed) and may occur through a combination of on- and/or off-site conservation inside the Biological Core Management Area or Habitat Protection Priority Areas. For purposes of this policy, Habitat Protection Priority Areas are those such areas referenced and mapped as part of the 2004 Conservation Bond Program. The 4:1 mitigation ratio will be calculated according to the extent of impacts to the total surface area of that portion of any parcel designated as Biological Core Management Areas. Development shall be configured in the least sensitive portion(s) of the property. Area(s) of undisturbed natural open space will be configured to include on-site conservation values and preserve the movement of native fauna and pollination of native flora across and through the landscape. Land use and management within these areas shall focus on the preservation, restoration, and enhancement of native biological communities. Land uses appropriate for these areas must retain and improve conditions for on-site conservation values, preserve the movement of native fauna and pollination of native flora across and through the landscape, and preserve landscape integrity. A transfer of development rights may be used in order to secure mitigation lands. d. Scientific Research Areas: 1) This designation identifies lands currently managed for scientific research: the Santa Rita Experimental Range and the University of Arizona Desert Laboratory (at Tumamoc Hill). Land uses and management within these areas focus on balancing conservation, restoration, and enhancement of natural communities in support of scientific research on the environment and natural resources (e.g., monitoring ecological change, measuring effects of experimental grazing methods). 2) Conservation Guidelines - Scientific Research Areas should continue to be managed for the purpose of scientific research on the environment and natural resources. Scientific research activities should minimize any long-lasting impacts that may affect adjacent or nearby CLS lands. Any land-use changes subject to Pima County jurisdiction should achieve the conservation goals of the underlying CLS category. e. Multiple Use Management Areas: 1) This category identifies those lands that fulfill the five tenets used to construct the CLS, but which are not as biologically rich as those lands designated as Biological Core Management Areas. These areas are primarily distinguished from other lands within the CLS by their potential to support high value habitat for three or more priority vulnerable species as identified by the SDCP. 2) Conservation Guidelines — At least 66 2/ percent of the total acreage of lands within this designation shall be conserved as undisturbed natural open space. As such, land-use changes will result in a 2:1 land conservation (i.e., two acres conserved for every one acre developed) and may occur through a combination of on- and off-site conservation inside the Multiple Use Management Area or any more protective category of the CLS, including Habitat Protection Priority Areas. For purposes of this policy, Habitat Protection Priority Areas are those such areas referenced and mapped as part of the 2004 Conservation Bond Program. The 2:1 mitigation ratio will be calculated according to the extent of impacts to the total surface area of that portion of any parcel designated as Multiple Use Management Areas. Development shall be configured in the least sensitive portion(s) of the property. Area(s) of undisturbed natural open space will include on-site conservation values and facilitate the movement of native fauna and pollination of native flora across and through the landscape. Land use and management goals within these areas shall focus on balancing land uses with conservation, restoration, and enhancement of native biological communities. Land uses appropriate for these areas must facilitate the movement of native fauna and pollination of native flora across and through the landscape, maximize retention of on-site conservation values, and promote landscape integrity. Additional conservation exceeding 66% percent will be encouraged through the use of development-related incentives and may utilize undisturbed natural open space on individual lots. A transfer of development rights may be used in order to secure lands utilized for mitigation, restoration, and/or enhancement purposes. f. Agriculture In-Holdings Within the Conservation Lands System: 1) This designation denotes those lands utilized for agricultural purposes and lands where agricultural uses have been abandoned. Agricultural land uses, in general, are more conducive to the movement of native fauna and functional pollination processes than other lands supporting higher intensity uses. Intensifying the land use of these areas could compromise landscape integrity, promote the spread of exotic species, and otherwise compromise the biodiversity of adjacent or nearby CLS lands. 2) Conservation Guidelines: Intensifying land uses of these areas will emphasize the use of native flora, facilitate the movement of native fauna and pollination of native flora across and through the landscape, and conserve on-site conservation values when they are present. Development within these areas will be configured in a manner that does not compromise the conservation values of adjacent and nearby CLS lands. g. Special Species Management Areas: 1) These are areas defined as crucial for the conservation of specific native floral and faunal species of special concern to Pima County. Currently, three species are designated as Special Species: cactus ferruginous pygmy-owl, Mexican spotted owl, and southwest willow flycatcher. Special Species and associated Conservation Guidelines may be added or deleted in the future based on the best available regional scientific information as developed by the Science Technical Advisory Team and added to or deleted from the Special Species Management Areas as shown on the CLS map. Such additions and/or deletions will be processed as a comprehensive plan amendment. Land use and management within these areas will focus on conservation, restoration, and enhancement of habitat for these species. 2) Conservation Guidelines: At least 80 percent of the total acreage of lands within this designation shall be conserved as undisturbed natural open space and will provide for the conservation, restoration, or enhancement of habitat for the affected Special Species. As such, land use changes will result in 4:1 land conservation (i.e., four acres conserved for every one acre developed) and may occur through a combination of on- and off-site conservation inside the Special Species Management Area. The 4:1 mitigation ratio will be calculated according to the extent of impacts to the total surface area of that portion of any parcel designated as Special Species Management Area. Development shall be configured in the least sensitive portion(s) of the property. Area(s) of undisturbed natural open space will be configured to facilitate the movement of the relevant Special Species through the landscape and will include those on-site conservation values essential to survival of the relevant Special Species. A transfer of development rights may be used in order to secure mitigation lands. h. Critical Landscape Connections: 1) These are broadly defined areas that provide connectivity for movement of native biological resources but which also contain potential or existing barriers that tend to isolate major conservation areas. Specifically, these regional-scale areas are located: (1) Across the I-10/Santa Cruz River corridors in the northwest; (2) Between the Catalina and Tortolita Mountains; (3) Across the 1-10 corridor along Cienega Creek in the east; (4) Across the 1-19 and Santa Cruz River corridors in southern Pima County; (5) Across the Garcia strip extension of the Tohono O'odham Nation; and (6) Across the Central Arizona Project canal in Avra Valley. Roads, other infrastructure services, and residential and commercial land uses within these areas, depending on configuration, can result in habitat loss and fragmentation that inhibits the movement of native fauna and interrupts the pollination processes of native flora. 2) Conservation Guidelines: Land-use changes in these broadly defined areas should protect existing biological linkages. Where they occur, barriers to the movement of native fauna and pollination of native flora across and through the landscape should be removed and fragmented corridors of native biological communities should be restored. Opportunities to remove barriers and restore corridor connectivity may arise as part of other, non-land use related activities (e.g., new construction for or upgrade of infrastructure services). Such opportunities should be pursued. High priority shall be given to identifying, preserving, and re-establishing the connection between native biological communities especially where natural connectivity is most constrained. i. Adherence to CLS Conservation Guidelines Adherence to Conservation Lands System Guidelines will protect against the loss of conservation values and landscape integrity through in-place preservation and restoration or enhancement of degraded or otherwise compromised natural resources. Urban development will occur in a manner that retains conservation values at both the micro and macro landscape scale by minimizing impacts to site- specific sensitive conservation values, maximizing landscape continuity, facilitating the movement of native fauna and pollination of native flora across and through the landscape, promoting the long-term diversity of native flora and fauna, and preserving the viability of the CLS. j. Project Inventory and Analysis: Application and review of requests for the establishment of land use policy (comprehensive plan amendments) and the implementation of land use policy (rezonings) that require approval by the Board of Supervisors (Board) shall include an inventory and assessment of the site's conservation values and context within an area-wide landscape as well as an analysis of the biological impact of the requested land use change. 1) Comprehensive Plan Amendments a) Applications for comprehensive plan amendments will, at a minimum, be reviewed for the following parameters: • The site's landscape context as it relates to the biological and built environments; and • The proposed amendment's consistency with the existing infrastructure service area or land use planning and infrastructure studies that address the logical expansion of infrastructure services. b) Requests for comprehensive plan amendments that seek to increase the intensity of allowable land uses within the CLS may be approved provided there is adequate demonstration that intensifying the land use designation will: • preserve the integrity of the CLS; and • promote development that is consistent with the existing infrastructure service area or land use planning and infrastructure studies that address the logical expansion of infrastructure services. c) Special area policies may be applied to govern or otherwise direct subsequent rezoning to specifically address conservation of certain landscape attributes. 2) Rezoning Activities a) Applications for rezoning will, at a minimum, be reviewed for the following parameters: •The site's landscape context as it relates to the biological and built environments; • The on-site presence of or potential to support highly valued native floral and faunal species; and • The occurrence of physical characteristics that contribute to biodiversity. b) Requests for rezoning that would result in new high-intensity residential uses, commercial and industrial uses, or other high intensity land uses within the CLS may be permitted provided there has been adequate demonstration that the new land use will: • preserve the integrity of the CLS; • actively contribute to the conservation of highly valued native floral and faunal species; and • provide for development that achieves at least as much conservation as development under the existing zoning. k. Application of Conservation Guidelines: 1) The Conservation Guideline for the associated CLS designation shall apply to the total acreage of the site that lies within the boundaries of that designation. If a CLS designation applies to a portion of a site, Conservation Guidelines for that designation will apply only to that portion of the site affected by that category. For purposes of this policy, site is defined as a single lot or combination of contiguous lots. If more than one CLS category applies to all or a portion of a site, the more protective Conservation Guideline will apply to the affected portion. 2) Those conservation lands that are to be reserved from development, or which are provided as mitigation, shall be conserved and managed, in perpetuity, for the benefit of the natural resources. Various means may be utilized to protect conservation or mitigation lands including, but not limited to, the transfer of deeded property to Pima County, pending approval by the Board of Supervisors, or other conservation entities and the granting of conservation easements. Land conserved through application of the CLS shall be established as separate, natural open space parcel(s) from the development area. Residents, or associations of residents, of a development may not serve as the sole administrator or enforcement entity for the management and protection of those conservation or mitigation lands. 3) The authority to increase, reduce, exempt, or otherwise modify the full application of the Conservation Guidelines for proposed land use changes that require the setting of land use policy (comprehensive plan amendments) or its implementation (rezoning) lies solely with the Board of Supervisors. Requests to modify or exempt the full application of the Conservation Guidelines will be deliberated on a case-by-case basis. Staff may review and make recommendations on proposals that seek to modify the full application of the Conservation Guidelines. The full application of the Conservation Guidelines may be modified as part of a decision that establishes land use policy (comprehensive plan amendment). The full application of the Conservation Guidelines may also be modified as part of a decision that implements land use policy (rezoning requests). Applicants seeking to modify the full application of the Conservation Guidelines must demonstrate that the proposed land use change is consistent with the goals of the SDCP, does not adversely impact the landscape integrity of the CLS, retains the ability of native fauna and pollination of native flora to move through and across the landscape, and will protect and enhance or restore conservation values. a) Should the Board, as part of a land use policy decision, reduce or otherwise adjust a comprehensive plan amendment from complying with a Conservation Guideline(s), then the adjustment will be applied to any subsequent implementation of that policy through rezoning. Applicants seeking to reduce or otherwise adjust the full application of a Conservation Guideline(s) as part of a proposed comprehensive plan amendment or rezoning must demonstrate that the proposed land use change is consistent with the goals of the SDCP, does not adversely impact the landscape integrity of the CLS, retains the ability of native fauna and pollination of native flora to move through and across the landscape, and will protect and enhance or restore on-site conservation values. b) Should the Board, as part of a land use policy decision, exempt a comprehensive plan amendment from complying with a Conservation Guideline(s), then the exemption will be applied to any subsequent implementation of that policy through rezoning. Applicants seeking to exempt a comprehensive plan amendment or rezoning from compliance with the Conservation Guidelines shall demonstrate that the exemption is necessary to accommodate public health and safety. CONSERVATION LANDS SYSTEM IMPLEMENTATION STATEGIES • Develop or revise Site Analysis inventory requirements for comprehensive plan amendment and rezoning applications to identify the presence of conservation values and identify areas most suitable for development. • Develop or revise Biological Impact Report requirements for comprehensive plan amendment and rezoning applications in order to analyze the proposed land use change. Biological Impact Reports will evaluate and compare the effects of the proposed land use against the effects of development without the proposed land use. • Standardize staff evaluation of comprehensive plan amendment and rezoning applications to determine application's conformance with CLS, consistency with existing or logical expansion of infrastructure, and long-term conservation of highly valued natural resources. • Develop guidance and criteria for restoration, enhancement, and mitigation proposals. Forward guidance and criteria to the Board of Supervisors for approval. • Develop site design guidance and other site planning recommendations for environmentally-sensitive development. • Develop and implement development-related incentives appropriate for use in Multiple Use Management Areas. Incentives may, if appropriate, be established through revision of allowable zoning districts, overlays, comprehensive plan land use plan designations; • Develop policies and procedures to govern transfer of development rights; • Review and revise existing environmentally-related zoning code ordinances to create incentives accessible to existing and legal land uses, zoning, and permitted activities to promote broader support of CLS and goals of the Sonoran Desert Conservation Plan. Ordinances appropriate for review and revision may include: o Native Plant Preservation Ordinance (18.72); o Buffer Overlay Zone Ordinance (18.67); o Cluster Development Option (18.09.040); o Conservation Subdivision Requirements (18.09.100); o Hillside Development Zone Ordinance (18.61); o Modification of Development Standards in Riparian Areas (18.07.080); o Landscape and Bufferyard Ordinance (18.73); and o Off-Street Parking & Loading Standards (18.75) F. I `_ --litirl ' z — ____F , \ „ V. J orli, � czL � 1 t 2 ihi‘anglitiliwArdis_fra it i____---h ), i , , ... ...,,,,,.....,.. ,,.#iii6a, ,-----1 ___,_ y rYpcwi■■I1!Ii%trjj iii� 41Zi I■■■11 ra� „, r_' I ,_, _iiir J arill211",,,Atiril'ilm _, A' .---'----1 L -, sa. ti iir..1.twasillom .,,,,,,.., r ,III, 1 ,5-11.311111M;.•. 1MI■EWIZV' ' P'eli rig fid r., �►• 3* Al__i ,, 1 'r. 1i1aP/ Y~ t Wil4 � O 1111111 11 I o 1?1,)' iaas`v1Einni . , - 1 ''. '11* ,,N ,,, _JPIA if .il I i 2\''',4, } >"1 ,,, Fir , , , low . 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Naran a Dr. Qro Va e Thursday, Marcy, March 20, 2008, 6-8pm Coalition for For additional information, contact Kathleen Kennedyliklil r 7 Sonoran Desert at kathleen@sonorandesert.orgor 388-9925 „� Protection TOWN OF ORO VALLEY 2 Page 1 of 2 COUNCIL COMMUNICATION MEETING DATE: March 12,2008 TO: HONORABLE MAYOR AND COUNCIL FROM: AIMEE RAMSEY, TRANSIT SERVICES ADMINISTRATOR SUBJECT: Update on the Regional Transit Authority (RTA) funded park-and-ride for the Town of Oro Valley. SUMMARY: The RTA Public Transit Elements of the 2006-adopted RTA plan includes funding for an Oro Valley park-and- ride to support the transit component of the RTA plan. This Council Communication is to provide an update on the current status of the proposed park-and-ride efforts based upon the voter-approved plan and provide the Council an opportunity to discuss the siting process and provide guidance for the Intergovernmental Agreement (IGA) with the RTA. A total of six (6) regional park-and-rides were identified and funded in the RTA plan totaling $14.7 million. Oro Valley's park-and-ride was allocated $2.45 million, to support the land acquisition, design, construction and maintenance, over the next 18 years, for a park-and-ride within our Town limits. PROJECT OVERVIEW: A new park-and-ride facility is proposed to serve as the hub for future transit services and carpool parking. This project involves the land acquisition, planning, design, construction, and long-term maintenance of a minimum 1-acre park-and-ride facility. Eight locations have been researched with the Town and include: Vestar Development (southwest corner of Tangerine and Oracle), northwest corner of Oracle and Tangerine, Venture West (on Innovation Driver north of Tangerine), Northwest Hospital (parking area north of the facility), Ventana Medical (on Innovation Drive north of Vistoso Commerce Place), and three separate locations with in Neiborhood 3 (southwest corner of Innovation Park and Rancho Vistoso, southwest conrer or Rancho Vistoso and Oracle, and the perfered site at Rancho Vistoso and Commerce Loop). Each of these locations is recommended for elimination for consideration due to the following; • Vestar Development - no interest by property owner • Oracle and Tangerine - no interest by property owner • Venture West - no interest by property owner • Northwest Hospital -no interest by property owner • Ventana Medical - no interest by property owner • Neighborhood 3 (SW corner, Innovation Park/Rancho Vistoso) -no interest by property owner • Neighborhood 3 (SW corner, Rancho Vistoso/Oracle) - no interest by property owner The most viable location proposed is located at Rancho Vistoso Neighborhood #2 Parcel B on Rancho Vistoso Blvd. between Oracle Road and Vistoso Commerce Loop. The park-and-ride will serve three Sun Tran routes (one local and two expresses), para transit services, Coyote Run and the soon to be established Oro Valley circulator. The facility will incorporate approximately 100 parking spaces, plus off-street bus bays, covered seating for commuter waiting areas, transit information display, and other passenger amenities. This facility will TOWN OF ORO VALLEY Page 2 of 2 COUNCIL COMMUNICATION MEETING DATE: March 12, 2008 serve as a small-scale transit center for the northern Pima County region's transit services projected for future expansion of regional transit services. Estimated total cost: The total estimated reimbursement rate for Oro Valley to purchase, design and construct the new park and ride facility is approximately $1.55 million dollars. After construction of the park and ride facility; there is additional funding of approximately $53,000 annually to cover maintenance costs associated with the park-and-ride facility. FISCAL IMPACT: The cost associated with the new park-and-ride facility will be reimbursed by the RTA. 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D 3 0 --s 3 cn , < N Nk< iv C�� CSDcp k< � tp � RI 0 —is @ co u) c'T D o -1 . > 3 0 ‘< 7 )1 g? 0_ c 4= 0 c O c a) 5 i-fr —1 —1 (To (7) • � (_) ‘< ' 0 i sn = N O(i) � _ . C/) O `< Ca. < 3J CD H -I D CD O� TOWN OF ORO VALLEY Page 1 of 2 COUNCIL COMMUNICATION STUDY SESSION DATE: MARCH 12, 2008 TO: HONORABLE MAYOR AND COUNCIL FROM: STACEY LEMOS, FINANCE DIRECTOR SUBJECT: PRESENTATION OF DRAFT FINANCIAL AND BUDGETARY POLICIES FOR THE TOWN OF ORO VALLEY SUMMARY: As the Town's operations and services continue to expand in scope and sophistication, the need for more comprehensive financial and fiscal planning policies has also grown. Formally adopted financial policies reflect the Town's commitment to sound financial management and fiscal integrity. They also provide stability by helping Town officials plan fiscal strategy with a consistent approach. The Town has an important responsibility to its citizens to carefully account for public funds, to manage its finances wisely, and to plan for the adequate funding of services desired by the public. Financial policies also serve as guidelines against which current budgetary performance can be measured and proposals for future programs can be evaluated. Implementing a comprehensive framework of financial policies also enhances the Town's standing with bond and credit rating agencies and investors. Currently, the Town of Oro Valley has an adopted Fiscal and Budgetary Policy that was approved by the Town Council on June 20, 2007 (Resolution No. (R) 07-78), and an Investment Policy that was approved by the Town Council on May 15, 2002 (Resolution No. (R) 02-37). Both the Government Finance Officers Association (GFOA) and the National Advisory Council on State and Local Budgeting (NACSLB) have provided further recommendations to local governments for more comprehensive financial and fiscal planning policies. Attached for your information as Exhibit A is the GFOA Recommended Practice on the Adoption of Financial Policies. The attached draft of the Town Financial Policies in Exhibit B incorporates all of the principles in the Town's existing Fiscal and Budgetary Policy and Investment Policy, but also provides further policies for Council consideration in the areas of: • Financial Planning Policies • Revenue Policies • Expenditure Policies • Financial Reporting Policies In some form or other, the Town already has most of these policies in writing or currently follows these guidelines as a general practice. This draft document serves to consolidate this information into one complete set of policies that the Town Council will ultimately be asked to adopt by resolution TOWN OF ORO VALLEY Page 2 of 2 COUNCIL COMMUNICATION STUDY SESSION DATE: MARCH 12, 2008 at a Council meeting in the near future. Once adopted, these policies will be included as a separate section in the Town's annual budget document. Town management, along with the Town Council, will review and update these policies as needed on an annual basis during the budget preparation process. FISCAL IMPACT: None ATTACHMENTS: 1. Exhibit A - GFOA Recommended Practice on Adoption of Financial Policies 2. Exhibit B - Town of Oro Valley Draft Financial and Budgetary Policies SUGGESTED MOTION: None /j2 Livn/&OS Stacey Lemos inance Director latiat CY-\44-1AAA/ David Andrews, Town Manager EXHIBIT A GFOA RECOMMENDED PRACTICE ON ADOPTION OF FINANCIAL POLICIES RECOMMENDED PRACTICE Adoption of Financial Policies (2001) Background.The National Advisory Council on State and Local Budgeting (NACSLB) has developed a comprehensive set of recommended budget practices. The recommendations have been endorsed by a number of key governmental associations, by academia and by labor groups associated with state and local governments. These practices and the associated framework outline a budget process that encompasses the broad scope of governmental planning and decision-making with regard to the use of resources. This work is recognized as one of the most important advances in governmental finance in decades. The Government Finance Officers Association (GFOA) has adopted a recommended practice endorsing the NACSLB practices and the associated framework. However, the policies included in this Recommended Practice are those considered fundamental to the budget process and relevant to the broadest number of jurisdictions. The work of the NACSLB provides a framework for describing the overall budget process. The framework is organized around the four principles of the budget process: • Establish Broad Goals to Guide Government Decision Making • Develop Approaches to Achieve Goals • Develop a Budget Consistent with Approaches to Achieve Goals • Evaluate Performance and Make Adjustments Each of these principles has additional elements that provide guidance for an effective budget process. Element#4, of Principle 2, Adopt Financial Policies, addresses the need for jurisdictions to establish policies to help frame resource allocation decisions. Recommendation. The Government Finance Officers Association (GFOA) recommends that, at a minimum, financial policies in the following areas be developed by professional staff and formally adopted by the jurisdiction's governing board as well as the governing boards of those component units;state,provincial and municipal corporations and organizations; and other bodies under their jurisdiction. • Financial Planning Policies • Revenue Policies • Expenditure Policies ti • The jurisdiction's adopted financial policies should be used to frame major policy initiatives and be summarized in the budget document. It is further recommended that these policies, along with any others that may be adopted, be reviewed during the budget process. Professional staff should review the policies to ensure continued relevance and to identify any gaps that should be addressed with new policies. The results of the review should be shared with the governing board during the review of the proposed budget. Policy categories that should be considered for development, adoption and regular review are as follows: Financial Planning Policies These policies address both the need for a long-term view and the fundamental principle of a balanced budget. At a minimum,jurisdictions should have policies that support: 1. Balanced Budget-A jurisdiction should adopt a policy(s)that defines a balanced operating budget, encourages commitment to a balanced budget under normal circumstances, and provides for disclosure when a deviation from a balanced operating budget is planned or when it occurs. (NACSLB Practice 4.5) 2. Long-Range Planning-A jurisdiction should adopt a policy(s)that supports a financial planning process that assesses the long-term financial implications of current and proposed operating and capital budgets, budget policies, cash management and investment policies, programs and assumptions. (NACSLB Element 9, GFOA Recommended Practice)1 3. Asset Inventory-A jurisdiction should adopt a policy(s)to inventory and assess the condition of all major capital assets. This information should be used to plan for the ongoing financial commitments required to maximize the public's benefit. (NACSLB Practice 2.2)2 Revenue Policies Understanding the revenue stream is essential to prudent planning. Most of these policies seek stability to avoid potential service disruptions caused by revenue shortfalls. At a minimum jurisdictions should have policies that address: 1. Revenue Diversification-A jurisdiction should adopt a policy(s)that encourages a diversity of revenue sources in order to improve the ability to handle fluctuations in individual sources. (NACSLB Practice 4.6) 2. Fees and Charges -A jurisdiction should adopt policy(s)that identify the manner in which fees and charges are set and the extent to which they cover the cost of the service provided. (NACSLB Practice 4.2) 1 See also GFOA's recommended practice on Establishment of Strategic Plans(2005). 2 See also GFOA's recommended practice on Sustainability(2002). 3. Use of One-time Revenues-A jurisdiction should adopt a policy(s) discouraging the use of one-time revenues for ongoing expenditures. (NACSLB Practice 4.4) 4. Use of Unpredictable Revenues -A jurisdiction should adopt a policy(s) on the collection and use of major revenue sources it considers unpredictable. (NACSLB Practice 4.4a) Expenditure Policies The expenditures of jurisdictions define the ongoing public service commitment. Prudent expenditure planning and accountability will ensure fiscal stability. At a minimum jurisdictions should have policies that address: 1. Debt Capacity,Issuance,and Management-A jurisdiction should adopt a policy(s)that specifies appropriate uses for debt and identifies the maximum amount of debt and debt service that should be outstanding at any time. (NACSLB Practice 4.3, 4.3a, GFOA Recommend Practices pp.90-92) 2. Reserve or Stabilization Accounts -A jurisdiction should adopt a policy(s)to maintain a prudent level of financial resources to protect against the need to reduce service levels or raise taxes and fees due to temporary revenue shortfalls or unpredicted 3 one-time expenditures. (NACSLB Practice 4.1) 4 3. Operating/Capital Expenditure Accountability-A jurisdiction should adopt a policy(s)to compare actual expenditures to budget periodically (e.g., quarterly) and decide on actions to bring the budget into balance, if necessary. (NACSLB Practice 7.2) References. • National Advisory Council on State and Local Budgeting.Recommended BudgetPractices:A Framework for Improved State and Local Government Budgeting. GFOA1998. • A Guide for Preparing a Debt Policy, Patricia Tigue, GFOA, 1998. • GFOA Recommended Practice. "Setting of Government Charges and Fees" (1996). • "Elements of a Comprehensive Local Debt Policy," Government Finance Review, October 1994. • "Developing Formal Debt Policies," Government Finance Review, August 1991. 3 See also GFOA's recommended practice on Business Preparedness and Continuity Guidelines(2005). 4 See also GFOA's recommended practice on Appropriate Level of Unreserved Fund Balance in the General Fund(2002). EXHIBIT B DRAFT TOWN OF ORO VALLEY FINANCIAL AND BUDGETARY POLICIES Town of Oro Valley DRAFT Financial and Budgetary Policies The Town of Oro Valley has an important responsibility to its residents to carefully account for public funds, manage its finances prudently, and to plan for the adequate funding of services desired by the public. Sound financial policies will help to ensure the Town's capability to adequately fund and provide the government services desired by the community. Following these policies will enhance the Town's financial health as well as its image and reputation with residents, the general public, bond and credit rating agencies and investors. The policies will serve as guidelines for the Town's overall fiscal planning and management. In addition, the Government Finance Officers Association (GFOA), as well as the National Advisory Council on State and Local Budgeting (NACSLB) recommends formal adoption of financial policies by the jurisdiction's governing board. The policies contained herein are designed to foster and support the continued financial strength and stability of the Town of Oro Valley. A. Financial Planning Policies: 1. Balanced Budgeting and Fiscal Planning Policies Fiscal planning is the process of identifying resources and allocating those resources among multiple and competing needs. The primary vehicle for this planning is the preparation, monitoring and analysis of the Town's budget. ➢ The Town shall develop an annual budget whereby recurring Town revenues shall be sufficient to support recurring operating expenditures with no use of General Fund contingency to support ongoing operational expenses. ➢ The Town's annual budget will include contingency appropriation to provide for unanticipated increases in service delivery costs, emergencies, and needs that may arise through the fiscal year. The contingency appropriation may only be expended upon Council approval. ➢ Budget development will use strategic multi-year fiscal planning; conservative revenue forecasts and a program/performance based budgeting method. This method requires each department to establish fiscal year goals and objectives that will be evaluated to determine the effectiveness and efficiency of both department and Town resources. Utilization of a program/performance budget format will provide a basis for evaluation of service and other impacts of potential increases or decreases in funding. ➢ Quarterly budget-to-actual revenue and expenditure reports will be prepared for all Town funds by the Finance Department and presented to the Finance and Bond Committee and Town Council. The reports will also 1 Town of Oro Valley DRAFT Financial and Budgetary Policies include revenue and expenditure projections through the end of the fiscal year. > The Town will not use one-time (non-recurring) revenues to fund continuing (recurring) uses, or use external borrowing for operational requirements. The budget will incorporate the best available estimates of revenues and expenditures. > All budgetary appropriations that have not been expended or lawfully encumbered shall lapse at the end of the fiscal year, June 30th Appropriations for capital projects in progress at fiscal year end shall be made for the subsequent fiscal year. > The Town shall minimize the financial burden on its taxpayers by routinely evaluating both its administrative and direct service delivery systems in terms of efficiency, effectiveness and responsiveness. Technology shall be utilized when feasible to increase efficiency and cost-effectiveness. > Any fiscal year-end special revenue fund balance amounts in other special revenue funds of the Town shall be maintained, preserved separately, and carried forward within those funds and not considered as part of the contingency reserve requirement for the Town's General Fund. > The Town's annual budget shall be legally adopted by the Town Council at the fund level, except in the General Fund, where it shall be adopted at the department level. To provide sufficient control and accountability, budgets shall be prepared and monitored by major expenditure categories (personnel, operations and maintenance, capital outlay, debt service). > The Town shall promote the understanding that its employees are its most valuable resource and shall employ sound management practices when planning for service delivery. The Town shall be committed to maintaining and improving the productivity of staff through a pleasant working environment, appropriate equipment, including office automation and computer applications, necessary training and adequate supplies and materials as resources and adopted policies permit. 2. Long Range Planning Long Range Forecasts > As part of the annual Town budget preparation cycle, the Finance Department shall prepare a 10-year financial forecast of projected 2 Town of Oro Valley DRAFT Financial and Budgetary Policies revenues and expenditures to measure the financial sustainability of the Town's operations and service levels. Cash Management and Investment Policy > Cash and investment programs will be maintained in accordance with the Town's adopted Investment Policy and will ensure that proper controls and safeguards are maintained. Town funds will be managed with an emphasis on safety of principal, liquidity and financial yield, in that order. > Bond funds will be segregated from all other funds for arbitrage and accounting purposes. > Ownership of the Town's investment securities will be protected through third party custodial safekeeping. > All Town bank accounts shall be reconciled and reviewed on a monthly basis. > The Town will consolidate cash balances from various funds for investment purposes, and will allocate investment earnings to each participating fund. This will allow the Town to maximize yields from its overall portfolio. > Investment performance will be reviewed and reported on as outlined in the current adopted investment policy. > All treasury activities with financial institutions will be conducted based upon written contracts between the Town and the respective financial institution(s). 3. Asset Inventory Capital Asset Accounting > Capital assets are assets with an acquisition cost of $5,000 or more and an estimated useful life of two or more years. Such assets shall be depreciated in the Town's financial statements over their estimated useful lives. > Minor assets are assets with an acquisition cost of $1,000 or more but less than $5,000 and an estimated useful life of two or more years. Such assets will not be depreciated in the Town's financial statements. 3 Town of Oro Valley DRAFT Financial and Budgetary Policies > Expendable items are machinery and equipment purchases whose cost is less than $1,000. These items will not be depreciated. > The Town will depreciate capital assets using the straight line depreciation method. > The Town will maintain a Capital Asset Replacement Fund to project equipment and vehicle replacement needs for the next five years and will update this projection each year. Town departments will be charged an annual contribution amount to this fund based on a portion of their annual asset depreciation. > The Finance Department shall be responsible for verifying the actual physical existence of capital and minor assets and the accuracy of the Town's asset database. These responsibilities will be accomplished through asset audits of Town departments and divisions. Any significant irregularities must be reported to the Town Manager. > The Town will maintain capital assets and infrastructure at a sufficient level to protect the Town's investment, to minimize future replacement and maintenance costs, and to continue service levels. B. Revenue Policies: 1. Revenue Diversification > The Town will strive for a General Fund revenue base consisting of a balance of sales taxes, state shared revenues, user fees and other revenue sources. > The Town will maintain a diversified and stable revenue base to protect against short term fluctuations in any single revenue source and economic changes locally and nationally. > The Town will estimate revenues in a realistic and conservative manner in order to minimize the risk of a revenue shortfall. 2. Fees and Charges > All non-enterprise fund user fees and charges shall be examined annually to determine the cost recovery rate. The acceptable recovery rate and any associated changes to user fees and charges will be approved by Town Council or as specified in Town code. 4 Town of Oro Valley DRAFT Financial and Budgetary Policies ➢ Development impact fees for capital expenses attributable to new development will be reviewed periodically to ensure the fees recover all direct and indirect development related expenses and be approved by Town Council. ➢ For enterprise fund operations, the Town will establish rates and fees at levels to fully cover the total direct and indirect costs, including operations, capital outlay, debt service, debt coverage requirements and unrestricted cash reserve balances. Enterprise funds will not be used to subsidize the operations of other funds. Interfund charges will be assessed for the administrative support of the enterprise activity. 3. Use of One-time Revenues ➢ The Town will utilize one-time (non-recurring) revenues to fund one-time operating expenditures, prepay existing debt, or supplement "pay as you go" capital outlay. One-time revenues shall not be used to fund recurring expenditures. 4. Use of Unpredictable Revenues ➢ If the Town should receive unpredictable revenues from sales tax audits, unbudgeted grant funding, gifts or donations, the Town shall account for these revenues as one-time revenues. They shall not be used to fund recurring expenditures. C. Expenditure Policies: 1. Debt Capacity, Issuance and Management: ➢ The Town will seek to maintain and, if possible, improve its current bond rating in order to minimize borrowing costs and preserve access to credit. The Town will encourage and maintain good relations with financial bond rating agencies and will follow a policy of full and open disclosure. ➢ Future bond issue proposals will be accompanied by an analysis showing how the new issue, combined with current debt, impacts the Town's debt capacity and conformance with Town debt policies. ➢ The general policy of the Town is to fund capital projects with new, dedicated streams of revenue or voter-approved debt. Non voter- approved debt may be utilized when a dedicated revenue source or sufficient general revenue can be identified to pay debt service expenditures. 5 Town of Oro Valley DRAFT Financial and Budgetary Policies > Financing shall not exceed the useful life of the acquired asset. > The Town shall not use long term debt to finance current operations. > The Town will establish debt repayment schedules with fixed annual principal and interest payments. > Proceeds from bonded debt will be used in accordance with the purpose of the issuance. Funds remaining after the project is completed will be used in accordance with the provisions stated in the bond ordinance that authorized the issuance of the debt. > The Town shall comply with the Internal Revenue Service arbitrage rebate requirements for bonded indebtedness. > Interest earnings on bond proceeds will be limited to 1) funding or acquiring the improvement(s) or asset(s) or 2) payment of debt service on the bonds. > All projects funded with bonded debt must be included in the Town's Capital Improvement Plan. > When considering refunding any outstanding bonded debt, the Town will perform a cost benefit analysis to determine if the cost savings of refunding will be greater than the cost to refund. Considerations will be made with regard to the existing bond covenants when refunding any bonded debt. > When utility revenues are pledged as debt service payments, the Town will strive to maintain a 1.3 times debt service coverage ratio to ensure debt coverage in times of revenue fluctuation. This will be in addition to the required ratio in the bond indenture. > The Town will communicate, and where appropriate, coordinate with all jurisdictions with which we share a common tax base concerning our collective plans for future debt issues. > Arizona Constitution limits the Town's bonded debt capacity (outstanding principal) to a certain percentage of the Town's secondary assessed valuation by the type of project to be constructed. The limit for general purpose municipal projects is 6%. For water, light, sewer, open space, public safety, park, law enforcement, fire and emergency services, and streets and transportation facilities projects, the limit is 20%. 6 Town of Oro Valley DRAFT Financial and Budgetary Policies 2. Capital Improvement Plan Policies The purpose of the Capital Improvement Plan (CIP) is to systematically identify, plan, schedule, finance, track and monitor capital projects to ensure cost- effectiveness as well as conformance to established policies. ➢ A five year Capital Improvement Plan will be developed and updated annually, including anticipated funding sources. Capital improvement projects are defined as infrastructure, equipment purchases or construction which results in or makes improvements to a capitalized asset costing more than $50,000 and having a useful life of five or more years. ➢ The Capital Improvement Plan will include, in addition to estimated operating and maintenance expenditures, adequate funding to support repair and replacement of deteriorating infrastructure and avoidance of a significant unfunded liability. ➢ Proposed capital projects will be reviewed and prioritized by a cross- departmental team regarding accurate costing (design, capital and operating) and overall consistency with the Town's goals and objectives. Financing sources will then be identified for the projects ranking the highest. ➢ Capital improvement lifecycle costs will be coordinated with the development of the operating budget. Future operating, maintenance and replacement costs associated with new capital improvements will be forecast, matched to available revenue sources and included in the operating budget. ➢ The current year of the Capital Improvement Plan will become the capital budget. ➢ Staff will monitor projects in progress to ensure their timely completion or the adjustment of the Capital Improvement Plan as approved by Council. A quarterly status report will be presented to the Town Council to monitor each project's progress and to identify any significant issues. 3. Reserve or Stabilization Accounts ➢ Contingency reserves, to be determined annually, will be maintained to offset unanticipated revenue shortfalls and/or unexpected expenditure increases. Contingency reserves may also be used for unanticipated and/or inadequately budgeted events threatening the public health or 7 Town of Oro Valley DRAFT Financial and Budgetary Policies safety. Use of contingency funds should be utilized only after all budget sources have been examined for available funds, and subject to Town Council approval. ➢ The Town shall maintain, at a minimum, a contingency reserve in the General Fund which represents 25% of the General Fund's annual expenditures with no use of the General Fund contingency to support ongoing operational expenses. ➢ Contingency reserves will be maintained at 5% of the operating budget expenditures for the Water Enterprise Fund. ➢ All Town budgetary fund designations and reserves will be evaluated annually for long-term adequacy and use requirements in conjunction with development of the Town's financial sustainability model. 4. Operating Expenditure Accountability ➢ Expenditures will be controlled by an annual appropriated budget established by the Town Council. ➢ Department heads are responsible for monitoring expenditures to prevent exceeding their total departmental expenditure budget. It is the responsibility of these department heads to immediately notify the Finance Director and Town Manager of any circumstances that could result in a departmental budget being exceeded. ➢ The Arizona Constitution sets a limit on the expenditures of local jurisdictions. The Town will comply with these expenditure limitations and will submit an audited expenditure limitation report, audited financial statements, and audited reconciliation report as defined by the Uniform Expenditure Reporting System to the State Auditor General within prescribed timelines. ➢ Quarterly budget-to-actual revenue and expenditure reports will be prepared for all Town funds by the Finance Department and presented to the Finance and Bond Committee and Town Council. The reports will also include revenue and expenditure projections through the end of the fiscal year. ➢ To provide flexibility in the management of departmental budgets for major expenditures (personnel, operations and maintenance, capital outlay and debt service) the following budget amendment and transfer provisions shall apply: 8 Town of Oro Valley DRAFT Financial and Budgetary Policies A. Transfers between funds shall require the recommendation of the Town Manager and formal action by the Town Council. B. Transfers between the line items within each major expenditure category shall be permitted upon recommendation of the Department Head and approval by the Town Manager. C. Transfers between the line items or major expenditure categories to fund additional personnel or increased expenditures as a result of personnel reclassifications shall require the recommendation of the Town Manager and formal action by the Town Council. D. Transfers between the operations and maintenance and capital outlay major expenditure categories shall be permitted upon recommendation of the Department Head and approval by the Town Manager. E. Transfers that would reduce or eliminate funding for items designated in the adopted Capital Improvement Plan shall require the recommendation of the Town Manager and formal Council action. F. Transfers that would reduce or eliminate funding for debt service shall require the recommendation of the Town Manager and formal Council action. D. Financial Reporting Policies ➢ The Town's accounting and financial reporting systems will be maintained in conformance with all state and federal laws, generally accepted accounting principles (GAAP) and standards of the Governmental Accounting Standards Board (GASB) and the Government Finance Officers Association (GFOA). ➢ An annual audit of the Town's financial statements will be performed by an independent certified public accounting firm, with an audit opinion to be included with the Town's published Comprehensive Annual Financial Report (CAFR). ➢ The Town's CAFR will be submitted to the GFOA Certification of Achievement for Excellence in Financial Reporting Program. The financial report should be in conformity with GAAP, demonstrate compliance with finance related legal and contractual provisions, disclose thoroughness and detail sufficiency, and minimize ambiguities and potential for misleading inference. 9 Town of Oro Valley DRAFT Financial and Budgetary Policies ➢ The Town's budget will be submitted annually to the GFOA for the Distinguished Budget Presentation Award. The budget should satisfy criteria as a financial and programmatic policy document, as a comprehensive financial plan, as an operations guide for all organizational units and as a communications device for all significant budgetary issues, trends and resource choices. ➢ Financial systems will maintain internal controls to monitor revenues, expenditures and program performance on an ongoing basis. 10 0 cri 0 5 C 7:1 0 CD ihiC 0 v � , .„ , . _ r- --El ,, nCD su 3 � --1 TI � •'9' n N cin � Z '2 Z.. � ao p11) > c:7 ,- ....1, m a.m.= .F%) 5' (D � CI . 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TOWN OF ORO VALLEY 4 Page 1 of 1 COUNCIL COMMUNICATION MEETING DATE: 3/12/2008 TO: HONORABLE MAYOR AND COUNCIL FROM: DAVID ANDREWS, TOWN MANAGER SUBJECT: LEGISLATIVE UPDATE ON PROPOSED DEVELOPMENT IMPACT FEE LEGISLATION SUMMARY: We were recently informed by the League of Arizona Cities and Towns (League) of Senate Bill 1406 that proposes some significant changes to the current development impact fee legislation. Among them would be a requirement to modify the manner in which credits are determined for developers and more importantly, a requirement to include a twenty-four month waiting period for all newly platted developments to begin the collection of impact fees. This twenty-four month waiting period would be applied to any new fees that become effective after January 1, 2009. The twenty-four month waiting period has the potential to cause both administrative and budgetary consequences. We believe that this is sufficiently important to bring to your attention as soon as possible. Additionally, all indications from the League indicate that the proposed legislation is likely to be passed by the Legislature and accepted by Governor Napolitano. With respect to the fees that are currently being developed by TischlerBise, Inc. in the areas of Police, General Government, Parks and Recreation, Transportation, and Library, the Town Council would need to consider the adoption of any new potential fees proposed in the report within the timeframe listed below in order to avoid the delayed application of these impact fees that would result form the passage of Senate Bill 1406. Study Session on proposed development impact fees April 23, 2008 Notice of Intent to adopt new fees May 7, 2008 (60 day waiting period) Public Hearing on potential new fees July 16, 2008 (30 day waiting period) Adoption of potential new fees August 20, 2008 (90 day waiting period) Effective date of newly adopted fees November 18, 2008 ATTACHMENTS: 1. Senate Bill 1406 (CM David Andrews, Town Manager s Commerce and Economic Development Forty-eighth Legislature S.B. 1406 Second Regular Session PROPOSED AMENDMENT SENATE AMENDMENTS TO S.B. 1406 (Reference to printed bill ) 1 Strike everything after the enacting clause and insert: 2 "Section 1 . Section 9-463.05, Arizona Revised Statutes, is amended to 3 read: 4 9-463.05..05. Development fees; imposition by cities and towns: 5 infrastructure improvements plan: annual report: 6 limitation on actions; definitions 7 A. A municipality may assess development fees to offset costs to the Y 8 municipality associated with providing necessary public services to a 9 development, including the costs of infrastructure, improvements, real 10 property, engineering and architectural services, financing, other capital ppurtenances, equipment, vehicles, furnishings and 11 costs and associated a 12 other personalty. Development fees assessed by a municipality under this section are 13 B. Develop 14 subject to the following requirements: 15 1. Development fees shall result in a beneficial use to the 16 development. 17 2. Monies received from development fees assessed pursuant to this 18 section shall be placed in a separate fund and accounted for separately and thepurposes authorized by this section. Monies 19 may only be used for 20 received from a development velo ment fee identified in an infrastructure improvements 21 plan adopted or amended pursuant to subsection D of this section shall be 22 used to provide the same category of necessary public service for which the 23 development fee was assessed FOR THE BENEFIT OF THE SAME AREA, AS DEFINED IN 24 THE INFRASTRUCTURE IMPROVEMENTS PLAN, WITHIN WHICH THE DEVELOPMENT FEE WAS 25 ASSESSED. Interest earned on monies in the separate fund shall be credited 26 to the fund. for payment of fees shall be provided by the 27 3. The schedule 28 municipality. BASED ON THE COST IDENTIFIED IN THE INFRASTRUCTURE IMPROVEMENTS ' shall provide a credit toward the payment of a 29 PLAN, the municipality q the re uired OR AGREED TO dedication of public sites , 30 development fee for Senate Amendments to S.B. 1406 1 improvements and other necessary public services included in the 2 infrastructure improvements plan and for which a development fee is assessed, 3 to the extent the public sites, improvements and necessary public services 4 are provided by the developer. The developer of residential dwelling units 5 shall be required to pay development fees when construction permits for the 6 dwelling units are issued, or at a later time if specified in a development 7 agreement pursuant to section 9-500.05. If a development agreement provides 8 for fees to be paid at a time later than the issuance of construction 9 permits, the deferred fees shall be paid no later than fifteen days after the 10 issuance of a certificate of occupancy. The development agreement shall 1 provide rovide for the value of any deferred fees to be supported by appropriate 12 security, including a surety bond, letter of credit or cash bond. 13 4. The amount of any development fees assessed pursuant to this 14 section must bear a reasonable relationship to the burden imposed upon ON the 15 municipality to provide additional necessary public services to the 16 development. The municipality, in determining the extent of the burden 17 • ;; -. ; . - :- . - ::••;- , shall consider, among other things, FORECAST the 18 contribution made or to be made in the future in cash or by taxes, fees , or 19 assessments by OR OTHER SOURCES OF REVENUE DERIVED FROM the property owner 20 towards the capital costs of the necessary public service covered by the 21 development fee AND SHALL INCLUDE THESE CONTRIBUTIONS IN DETERMINING THE 22 EXTENT OF THE BURDEN IMPOSED BY THE DEVELOPMENT. 23 5. If development fees are assessed by a municipality, such fees shall 24 be assessed in a nondiscriminatory manner. 25 6. In determining and assessing a development fee applying to land in 26 a community facilities district established under title 48, chapter 4, 27 article 6, the municipality shall take into account all public infrastructure 28provided rovi ded by the district and capital costs paid by the district for necessary 29 public services and shall not assess a portion of the development fee based 30 on the infrastructure or costs. 31 C. A municipality shall give at least sixty days' advance notice of 32 intention to assess a new or modified development fee and shall release to public the a written report that identifies the methodology for calculating - 2 - Senate Amendments to S.B. 1406 1 the amount of the development fee, explains the relationship between the 2 development ment fee and the infrastructure improvements plan, includes 3 documentation that supports the assessment of a new or modified development 4 fee and identifies any index or indices to be used for automatic adjustment 5 of the development fee pursuant to subsection F of this section and the 6 timing ' of those adjustments. The municipality shall conduct a public hearing proposed 7 on ro the osed new or modified development fee at any time after the 8 expiration of the sixty day notice of intention to assess a new or modified 9 development ment fee and at least thirty days prior to the scheduled date of 10 adoption of the new or modified fee by the governing body. A development fee 11 assessedpursuant ursuant to this section shall not be effective until seventy-five 12 days after its formal adoption by the governing body of the municipality. 13 Nothing ng i n this subsection shall affect any development fee adopted prior to 14 July 24, 1982. 15 D. Before the assessment of a new or modified development fee, the 16 governingbody of the municipality shall adopt or amend an infrastructure 17 improvementsplan.lan. The municipality shall conduct a public hearing on the 18 infrastructure improvements plan at least thirty days before the adoption or 19 amendment of the plan. The municipality shall release the plan to the 20 publicmake available to the public the documents used to prepare the plan , 21 and providepublic ublic notice at least sixty days before the public hearing, 22 subject to the following: 23 1. An infrastructure improvements plan may be adopted concurrently P 24 with the report required by subsection C of this section, and the 25 municipality provide for and schedule the notices and hearings required p Y may 26 by this subsection together with the notices and hearings required by 27 subsection C of this section. 28 2. A municipality may amend an infrastructure improvements plan 29 withouta public ublic hearing if the amendment addresses only elements of 30 necessary public services that are included in the existing infrastructure 31 improvementsplan.lan. The municipality shall provide public notice of those 32 amendments at least fourteen days in advance of their effective date. - 3 - Senate Amendments to S.B. 1406 1 E. For each necessary public service that is the subject of a 2 development fee, the infrastructure improvements plan shall : 3 1. Estimate future necessary public services that will be required as 4 a result of new development IN THE AREA, AS DEFINED IN THE INFRASTRUCTURE 5 IMPROVEMENTS PLAN, WITHIN WHICH THE DEVELOPMENT FEE WILL BE ASSESSED and the 6 basis for the estimate, INCLUDING A COMPARISON OF THE NECESSARY PUBLIC • 7 SERVICES PROVIDED TO EXISTING DEVELOPMENT AND THE NECESSARY PUBLIC SERVICES 8 TO BE PROVIDED TO NEW DEVELOPMENT. 9 2. Forecast the costs of infrastructure, improvements, real property, 10 financing, other capital costs and associated appurtenances, equipment, 11 vehicles, furnishings and other personalty that will be associated with 12 meeting those future needs for necessary public services . 13 3. FORECAST THE REVENUE SOURCES THAT WILL BE AVAILABLE TO FUND THE 14 NECESSARY PUBLIC SERVICES and estimate the time required to finance and 15 provide the necessary public services. 16 F. EXCEPT FOR ADJUSTMENTS PURSUANT TO SUBSECTION G OF THIS SECTION, A 17 MUNICIPALITY'S DEVELOPMENT FEE ORDINANCE SHALL PROVIDE THAT A NEW DEVELOPMENT 18 FEE OR AN INCREASED PORTION OF A MODIFIED DEVELOPMENT FEE SHALL NOT BE 19 ASSESSED AGAINST A DEVELOPMENT FOR TWENTY-FOUR MONTHS AFTER THE DATE OF THE 20 MUNICIPALITY'S FINAL APPROVAL OF THE DEVELOPMENT, PROVIDED THAT NO MATERIAL 21 CHANGES ARE MADE TO THE SITE PLAN OR SUBDIVISION PLAT THAT WAS THE SUBJECT OF 22 THE FINAL APPROVAL. THE TWENTY-FOUR MONTH PERIOD SHALL NOT BE EXTENDED BY A 23 RENEWAL OR AMENDMENT OF THE SITE PLAN OR THE FINAL SUBDIVISION PLAT THAT WAS 24 THE SUBJECT OF THE FINAL APPROVAL. THE MUNICIPALITY SHALL ISSUE, ON REQUEST, 25 A WRITTEN STATEMENT OF THE DEVELOPMENT FEE SCHEDULE APPLICABLE TO THE 26 DEVELOPMENT. 27 F-; G. A municipality may automatically adjust a development fee on an 28 annual basis without a public hearing if the adjustment is based on a 29 nationally recognized index applicable to the cost of the necessary public 30 service that is the subject of the development fee and the adjustment 31 mechanism is identified in the report required by subsection C of this 32 section. The municipality shall provide public notice of those adjustments 33 at least thirty days in advance of their effective date. - 4 - Senate Amendments to S.B. 1406 1 C. H. Each municipality that assesses development fees shall submit 2 an annual report accounting for the collection and use of the fees. The 3 annual report shall include the following: 4 1 . The amount assessed by the municipality for each type of 5 development fee. 6 2. The balance of each fund maintained for each type of development 7 fee assessed as of the beginning and end of the fiscal year. 8 3. The amount of interest or other earnings on the monies in each fund 9 as of the end of the fiscal year. 10 4. The amount of development fee monies used to repay: 11 (a) Bonds issued by the municipality to pay the cost of a capital 12 improvement project that is the subject of a development fee assessment. 13 (b) Monies advanced by the municipality from funds other than the 14 funds established for development fees in order to pay the cost of a capital 15 improvement project that is the subject of a development fee assessment. 16 5. The amount of development fee monies spent on each capital 17 improvement project that is the subject of a development fee assessment and 18 the physical location of each capital improvement project. 19 6. The amount of development fee monies spent for each purpose other 20 than a capital improvement project that is the subject of a development fee 21 assessment. 22 {: I . Within ninety days following the end of each fiscal year, each 23 municipality shall submit a copy of the annual report to the city 24 clerk. Copies shall be made available to the public on request. The annual 25 report may contain financial information that has not been audited. 26 --: J . A municipality that fails to file the report required by this 27 section shall not collect development fees until the report is filed. 28 4- K. Any action to collect a development fee shall be commenced 29 within two years after the obligation to pay the fee accrues. 30 -f-:- L. For the purposes of this section-,—: 31 1 . "FINAL APPROVAL" MEANS: - 5 - Senate Amendments to S.B. 1406 1 (a) FOR A NONRESIDENTIAL NTIAL OR MULTIFAMILY DEVELOPMENT, THE APPROVAL OF A 2 SITE PLAN OR, IF NO SITE PLAN IS SUBMITTED FOR THE DEVELOPMENT, THE APPROVAL 3 OF A FINAL SUBDIVISION PLAT. 4 (b) FOR A SINGLE FAMILY RESIDENTIAL DEVELOPMENT, THE APPROVAL OF A 5 FINAL SUBDIVISION PLAT. improvements plan" means one or more written plans 6 2. "Infrastructure collectively identify each public service that is 7 that ind�•v�dually or subject of a development fee and otherwise complies with 8 proposed to be the subs section, and may be the municipality's capital 9 the requirements of this 10 improvements plan. 11 Sec. 2. Applicability subsection F, Arizona Revised Statutes, as amended by 12 Section 9-463.05, y to an development that received its final approval 13 this act, does not apply 14 before January 1, 2009. 15 Sec. 3. Effective date 16 Section 9-463.05, Arizona Revised Statutes, as amended by this act, is 17 effective from and after December 31, 2008." 18 Amend title to conform BARBARA LEFF 1406b1 02/25/2008 9:59 AM C: drt - 6 -