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Home My WebLink AboutPackets - Council Packets (881) **AMENDED 10/12/07, 3:00 p.m. AGENDA ORO VALLEY TOWN COUNCIL REGULAR SESSION OCTOBER 17, 2007 ORO VALLEY COUNCIL CHAMBERS 11000 N. LA CANADA DRIVE REGULAR SESSION AT OR AFTER 5:30 PM CALL TO ORDER ROLL CALL EXECUTIVE SESSION AT OR AFTER 5:30 PM Pursuant to ARS 38-431.03(A)(1), discussion and consideration of applicants for the Town Attorney position, Council may vote to meet in Executive Session with management staff regarding this matter RESUME REGULAR SESSION AT OR AFTER 7:00 PM CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE UPCOMING MEETING ANNOUNCEMENTS — TOWN MANAGER COUNCIL REPORTS low 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 by Drs. Robert and Debbie Oro of Oro Dental Medicine on making Oro Valley the healthiest town in America 10/17/07 Agenda, Council Regular Session 2 Presentation and Update of Oro Valley Marketplace's Tenants Presentation of Golder Ranch Fire District 2007 Annexation Update by Fire Chief John Fink 1. CONSENT AGENDA (Consideration and/or possible action) A. Minutes — 09/19/07, 09/26/07 B. Resolution No. (R)07 - 111 Designating the Town of Oro Valley regular spring election dates: March 11, 2008 Primary and May 20, 2008 General Elections; Designating the deadline for voter registration; and designating the place and the last date for candidates to file nomination papers C. Resolution No. (R)07- 112 Authorizing the Town Clerk to conduct the 2008 Spring Elections By Mail pursuant to ARS 16-409 on March 11, 2008 and May 20, 2008 D. Resolution No. (R)07- 113 Approving the High Intensity Drug Trafficking Area (HIDTA) Grant Agreement (#HT17-07-1712) 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) E. Resolution No. (R) 07- 114 Approving the High Intensity Drug Trafficking Area (HIDTA) Grant Agreement (#HTI 7-07-161 0) 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)07- 115 Authorizing the Town to enter into an Intergovernmental Agreement with the Regional Transportation Authority of Pima County for construction funds in the amount of $670,000 for the Glover Road/La Cholla Boulevard Intersection Improvement, Project No. OV 30 04/05 03 G. Resolution No. (R)07- 116 Approving a perpetual lease in the amount of $128,066.00 to use an additional 100 feet of right-of-way on the south side of, and adjacent to, the existing Tangerine Road right-of- way east of La Cholla Boulevard H. Resolution (R) 07 - 117 Approving Marketing Intelligence to conduct a Community Survey and authorizing the Town Manager to execute the contract with Marketing Intelligence in the amount of $17,800.00 I. OV12-03-09 Approval of a final plat for Villa Milagro, 28 lots in the single-family subdivision and a portion of two office buildings located west of Oracle Road and north of Desert Sky Road J. Appointment of Richard Davis to the Oro Valley Water Utility Commission with term effective October 17, 2007 through June 30, 2010 10/17/07 Agenda, Council Regular Session 3 K. Appointment of the following citizens to the Historic Preservation Commission - Lois Nagy with term effective October 17, 2007 through June 30, 2009 and Daniel Zweiner with term effective October 17, 2007 through June 2008 L. Update on Town of Oro Valley Economic Development Agreements M. Economic Development Division Monthly Report - September 2007 N. **Resolution No. (R)07-118 - Declaring that certain document entitled "Storm Water Utility Fee System", Chapter 15, of the Oro Valley Town Code at Section 15-24-13 and filed with the Town Clerk, a public record 2. CONSIDERATION AND POSSIBLE ACTION REGARDING COUNCIL POLICY #4 UPDATE - TOWN OF ORO VALLEY MEETING FACILITIES USAGE POLICY (Continued from October 3, 2007) 3. PUBLIC HEARING - ORDINANCE NO. (0)07- 39 AMENDING THE PERMITTED USES AND DEVELOPMENT STANDARDS FOR THE CAMPUS PARK INDUSTRIAL (CPI) LAND USE DISTRICT WITHIN THE RANCHO VISTOSO PLANNED AREA DEVELOPMENT (PAD) TO ADD HOTELS TO THE PERMITTED USES AND ALLOW FOR A MAXIMUM HEIGHT FOR A PROPOSED HOTEL UP TO 60 FEET Explanation: The applicant has revised the requested PAD amendments to limit its applicability to a single site and has reduced the proposed hotel height to 60 feet. The proposed building meets the Tangerine Road Corridor Overlay District setback requirement, so the requested relief from the provision has been withdrawn. 4. OV12-06-28 REQUEST FOR APPROVAL OF A PRELIMINARY PLAT/DEVELOPMENT PLAN FOR PROFESSIONAL OFFICES AND RESTAURANT COMPLEX LOCATED EAST OF RANCHO VISTOSO BOULEVARD, JUST NORTH OF THE SAFEWAY SHOPPING PLAZA, IN RANCHO VISTOSO NEIGHBORHOOD 5 Explanation: This project is located on 8 acres and includes 63,236 square feet for professional office development and 12,850 square feet for a restaurant complex 5. CONSIDERATION AND POSSIBLE ACTION REGARDING RECOMMENDED CHANGES TO THE CAPITAL IMPROVEMENT PROGRAM (CIP) FOR FY 2008-2009 AND THE APPOINTMENT OF ONE COUNCIL MEMBER LIAISON TO THE CIP TECHNICAL ADVISORY COMMITTEE 6. APPOINTMENT OF COUNCIL SUB-COMMITTEE AND SCHEDULING OF ANNUAL EMPLOYEE FORUM 10/17/07 Agenda, Council Regular Session 4 7. CONSIDERATION AND/OR POSSIBLE ACTION REGARDING THE SELECTION OF A SHORT LIST OF CANDIDATES FOR THE TOWN ATTORNEY POSITION 8. FUTURE AGENDA ITEMS (The Council may bring forth general topics for future meeting agendas.a endas. Council may not discuss, deliberate or take any actiontopicspresented on the 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 p on a future agenda, or respond to criticism made by speakers. However, the Mayor and Council maynot discuss or take legal action on matters raised during order to speak during "Call to Audience" please specify "Call to Audience." In p what you wish to discuss when completing the blue speaker card. ADJOURNMENT POSTED: 10/05/07 AMENDED AGENDA POSTED: 10/12/07 4:00 p.m. 3:00 p.m. cp cp packet of agenda materials as listed above is available for When possible, a g st 24 hours prior to the Council meeting in the office of the public inspection at lea Town Clerk between the hours of 8:00 a.m. — 5:00p.m. p The Town of Oro Valley complies with the Americans with Disabilities Act (ADA). an If any person with a disabilityneeds type of accommodation, please notify Y the Town Clerk's Office at least five days prior to the Council meeting at 229- 4700. 10/17/07 Agenda, Council Regular Session 5 INSTRUCTIONS TO SPEAKERS Members of the public have the right to speak during any posted public hearing. However, those items not listed as a public hearing are for consideration and action by the Town Council during the course of their business meeting. Members of the public may be allowed to speak on these topics at the discretion of the Chair. If you wish to address the Town Council on any item(s) on this agenda, please complete a speaker card located on the Agenda table at the back of the room and give it to the Town Clerk. Please indicate on the speaker card which item number and topic you wish to speak on, or if you wish to speak during "Call to Audience", please specify what you wish to discuss when completing the blue speaker card. Please step forward to the podium when the Mayor announces the item(s) on the agenda which you are interested in addressing. 1. For the record, please state your name and whether or not you are a Town resident. 2. Speak only on the issue currently being discussed by Council. Please organize your speech, you will only be allowed to address the Council once regarding the topic being discussed. 3. Please limit your comments to 3 minutes. 4. During "Call to Audience" you may address the Council on any issue you wish. 5. Any member of the public speaking must speak in a courteous and respectful manner to those present. Thank you for your cooperation. TOWN OF ORO VALLEY Page 1 of 1 'OUNCIL COMMUNICATION MEETING DATE: 10/17/07 TO: HONORABLE MAYOR AND COUNCIL FROM: DAVID ANDREWS, TOWN MANAGER SUBJECT: PRESENTATION BY DRS. ROBERT AND DEBBIE ORO OF ORO DENTAL MEDICINE ON MAKING ORO VALLEY THE HEALTHIEST TOWN IN AMERICA SUMMARY: Drs. Robert and Debbie Oro, of Oro Dental Medicine, are here tonight to speak about making Oro Valley the "Healthiest Town in America". The Oros are local dentists committed to making the Town a role model for other communities to emulate. Their vision was to ask 100 members in their "circle of care"to not gain weight for 1 year and to wear a pedometer to track their daily activity. It is their hope that this hundred will be able to contact and inspire others to join in making our community a healthier place to be. Their company, Oro Dental Medicine, and its employees have stepped up to be the first to make the pledge. They hope you and/or your "circle of care" will want to join in creating a healthier community. S Iavid Andrews, Town anager Drop 1717) Proposal: "The Healthiest Town in America" Presented by: Drs Bob and Debbie Oro of Oro Dental Medicine Oro Valley Town Council Meeting 10/17/07 Health and healthcare has been a major issue in our country since 1992. There has been many ideas, organizations, private and governmental•entities attempting to"fix"this issue. My concern is for our community. It has always been my feeling that health and healthcare is a very individualized and personal issue. To that end Deb and I have been working for the last 16 years to understand some of the basic needs to become healthier citizens and part of a healthier community. The Chinese proverb states; The longest journey starts with the first step." When it comes to health and healthcare I feel this is the best place to start on our journey to becoming the "Healthiest Town in America." It starts with the first step, literally and figuratively. It starts with the understanding that health "starts with me." It is a personal responsibility and a responsibility to our community. I am here tonight to advise the Council of some of the initial work we have done to try and take the first steps to better health and healthier communities. It is my hope that the steps we take will be ones others and other communities will want to emulate. More importantly my hope is that all of you who are my elected representatives, town officials, friends, and community members will realize how important your well being is to me, my wife, my family and the rest of the community. We need to step up and be the role models for not only the rest of the community but more importantly for our families and ourselves. Health and healthcare need to be recognized as one of the pillars of"Our Community of Excellence." I feel that communities that embrace this concept will be embracing the future. Whether we like it or not, "the good news is we are going to live to be 95, the bad news is we are going to live to be 95." The only thing that will be more costly in time effort and dollars to not embracing the importance of good individual health is to not embrace it. To paraphrase President John Kennedy: "Ask not what your community can do for your health but what you can do for the health of your community." Enjoy the Journey, Bob and Debbie Oro 10260 N. Cmo. Valdeflores Oro Valley, Az. 85737 My vision is to ask 100 members in my "circle of care" to not gain weight for 1 year and to wear a pedometer to track their daily activity. It is my hope that this hundred will be able to contact and inspire others to join in making our community a healthier place to be and a model to emulate. My company, Oro Dental Medicine, and its employees have stepped up to be the first to make the pledge. We hope you and/or your"circle of care" will want to join in creating a healthier community! Health Community Resource Committee (NPCCC) Minutes Meeting 9/11/07 Members in attendance: Jolyn Damgar, Carleen Robinson, Diane Dail, Kim Chimene, Joanie Johnson, Susan Coopman, Monnie Applegate, Diane Blair, Bruce Cross, Jay Phillips, Rusty Rollins, Bob Oro Absent: Kristen Newbod, Janet Pipes, Ranae Settle, Michael Austin Guests: Samreen Khan, Andrea Blattberg, Ann Schnell, Sarah Lee, M.D., Bill Barnett, Scott Parfrey, Ken Fischer, Sherie Broekema. The following people attended the Community Leadership Group meeting yesterday at NW Hosp/OV: * Mary Caswell John Doran *Jim Arnold *Jo Buttery * Laraine Rodgers Rich Robinson Bob Oro Kim Chimene * Barbara Villani Kristine Gobel * Nancy Haugh * Dr. Gemma Here is the information for the attendees that you listed: Activate Tucson Mayor Bob Walkup Tucson Dr. Richard Carmona Dan McDonald: Research Specialist, University of Arizona Scott Going: Professor of Nutritional Sciences, University of Arizona Dane Woll: President/CEO, YMCA of Metropolitan Tucson Dave Powell: COO, YMCA of Metropolitan Tucson Martha Monroy: Project EXPORT Southside Tucson Project Coordinator, U of A Lucy Howell: Founder, Tucson Sport Magazine (I believe that she was present!) Bobbi Young Special project Coordinator, YMCA of Metropolitan Tucson I also spoke with leaders in the Arizona Dental Association. They are very interested and want to be kept "in the loop." I also met with Mr. Jerry Bustamante Pres./ CEO of the NPCCC. He has asked me to make a formal presentation to the NPCCC Board on Nov. 14. Dr. Adana Foster, Kim Campbell, Dr. Robert Irwin, Dr. Pam Dowell, Bill Markel) NW YMCA, Nikki p Mehalic, Lila Peterson, Josh Pastner All of the above have indicated that they are happy to be a part of my"circle of care." Enjoy the Journey, Bob and Debbie Oro Oro Dental Medicine Chairperson Health Community Resource Committee-Northern Pima County Chamber of Commerce Committee Member Activate Tucson Liaison Southern Arizona Dental Society to Activate Tucson Community Leadership Group Northwest Hospital / Oro Valley Amphitheatre School District Community Council Community Representative CDO High School Site Council Cross Middle School Site Council Member Writer/Blogger Arizona Daily Star, Northwest Section ("Enjoy the Journey") gg Columnist Oro Valley Magazine"A Sense of Community" The next step, if the council sees it fit, might be to set up a strategic planning meeting. I would suggest the meeting include me, a rep from the Town of Oro Valley, the Chamber and MW Medical Center/ Oro Valley to start. In Memory of Jim Kriegh Understanding mutual admiration is the best way I can describe Jim Kriegh. I have always been in awe of his selflessness about our town. It was never about what others thought about him. He just did what he thought was right. There was never a feeling of what was poplar or trendy...to Jim it was always about giving 100% without an agenda. He was never comfortable with his notoriety but did it as part of what is best for "the town." I loved to encourage Jim to be more accepting of the "word about him and Oro Valley g being spread." It is important that people like Jim got their story told despite the fact that Jim always felt he did a better job because he felt it was never about the publicity. If he wasn't considered special, he could then have the point of view of the average citizen in our community. In reality those who were blessed to know him knew he was anything but ordinary citizen. In all the time I knew him, he never took direct credit for founding the Town of Oro Valley. To Jim, it takes a lot more than one person to create a town. I have favorite Jim Kriegh stories. These are not really stories but lessons left to us by this extraordinary man, Jim Kriegh. Jim taught me that beingthere was part of the ability to understand the issue at hand. He g put the time into being at those important moments in the life of this town. If it was an important event or meeting, I saw Jim there. There is no shortcut to inspiring a town. 1 was at Jim Kriegh Park on the day they dedicated the park in his name. After the ceremony I went to congratulate Jim and give him a celebratory hug. If someone had been watching from afar I doubt you could tell who was congratulating who. He was as happy to share the moment as I was to be there. It was about the town. To Jim, he was just the one honored to help make it happen. Iuess I should sayone of the proudest moments of my life was one I will get to tell my � children andrandchildren about. I got to be with Jim Kriegh at the counter at Jerry g this for breakfast. Somehow this lad from Flushing, NY sat with Jim over breakfast talkingabout the latest happenings in our town. It was just so Jim. I guess he taught me pp that it was just so me. special one for my family. Jim was an avid meteorite person. I have to say that this is a Twink Monrad actually took my family through the extensive meteorite collection she and Jim had amassed together. It was a guided tour we will never forget. Finally and how amazing itwould be, I tried to remember the last time I saw Jim. It typical interchange we had as we each came immediately. A yp buzzed off to the next part gIt was the beingapart of our community. "Hey Bob!" he called to me of the journey of Jim but he was opening of Steam Pump Ranch. I turned to say "Hi" to celebration of the p g like that... to share somethingwith me that he just continued on... Jim was too excited We got our picturesright �„ next to each other...Did you see that?" I could not believe he had said that to me. I had notice that photos of Jim and Deb and I had actually been published in a local magazine. What an honor it was. Deb and I though. Our picture in a community magazine positioned right next to the one of Jim Kriegh. I had really wanted to bring it to Jim's proud and sayhow we were that it had occurred but he was faster that I. That last time I saw Jim Kriegh, he "beat me to it." Jim was like that. Enjoy the Journey, Bob Bob Oro is a husband, father, dentist, and children's advocate in Oro Valley. Excerpt: "Enjoy the Journey," by Robert J. Oro TOWN OF ORO VALLEY Page 1 of 1 COUNCIL COMMUNICATION MEETING DATE: October 17, 2007 TO: HONORABLE MAYOR & COUNCIL FROM: David Welsh, Economic Development Administrator SUBJECT: Presentation and Update of Oro Valley Marketplace's Tenants SUMMARY: At the August 1, 2007 regular Town Council meeting, Council Member Paula Abbott requested an update of Oro Valley Marketplace's tenants. The following tenants have been identified to date: 1. Wal-Mart 2. Cinemark Theatres 3. Cost Plus World Market 4. The Keg Steakhouse and Bar 5. Best Buy 6. Olive Garden 7. Danny's Gourmet Market 8. Chase Bank 9. Linens-N-Things 10. Dick's Sporting Goods 11. Famous Footwear 12. DSW Shoes 13. Tilly's 14. Ulta Cosmetics 15. Pacific Dental 16. Alltel Wal-Mart, Cinemark Theatres, Cost Plus World Market, Best Buy and Linens-N-Things have submitted building plans. The remaining tenants are in various stages of development at this time. The entire project is estimated to open for business in late 2008 or early 200911/ F David Welsh, Economic Development Administrator 0.4.4.„1‘ aliA4‘..--, David Andrews, Town Manager TOWN OF ORO VALLEY Page 1 of 1 DUNCIL COMMUNICATION MEETING DATE: October 17,2007 TO: HONORABLE MAYOR AND COUNCIL FROM: David Andrews, Town Manager SUBJECT: Annexation Plan Update Presentation by Golder Ranch Fire District SUMMARY: As you are aware, the Golder Ranch Fire District has been in the process of annexing various areas in the Town into its District. The overall process has been divided into three phases. Fire Chief John Fink will provide an update to the Fire District's annexation plan. His presentation includes: ■ History Lesson • Golder Ranch Fire Boundaries • Standards of Cover—Current and Proposed • Emergency Services Agreement ■ Annexation Plan • Phases • Update • Completed and Pending Annexations ■ Financial • Cost Comparison ATTACHMENTS: 1. 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" --) 0 L— ° Oc 4-,CIS _j F- ...._ u) C3) ' D E "0 (13 s_. ...0 0 U) < el- _ C1:I D HI 4D 0fa) ..c s s U 0 0 DRAFT MINUTES ORO VALLEY TOWN COUNCIL REGULAR SESSION September 19, 2007 ORO VALLEY COUNCIL CHAMBERS 11000 N. LA CANADA DRIVE REGULAR SESSION AT OR AFTER 5:30 PM CALL TO ORDER - 5:30 p.m. ROLL CALL PRESENT: Paul Loomis, Mayor Helen Dankwerth, Vice Mayor K.C. Carter, Council Member Barry Gillaspie, Council Member Al Kunisch, Council Member Terry Parish, Council Member EXCUSED: Paula Abbott, Council Member EXECUTIVE SESSION AT OR AFTER 5:30 PM Mayor Loomis announced that in addition to the Town Council, the Town Manager, the Town Attorney and the Town Clerk, Economic Development Administrator David Welsh would also be present in Executive Session. MOTION: A motion was made by Vice Mayor Dankwerth and seconded by Council Member Kunisch to go into Executive Session for the following purpose: Pursuant to ARS §§38-431.03(A)(3), discussion and consultation for legal advice, and (A)(4), discussion and consultation with legal counsel in order to consider its position and instruct its attorneys regarding contract negotiations, Council may vote to meet in Executive Session with the town attorney regarding a proposal by Sanofi Aventis Tucson Research Center for an Economic Development Agreement. MOTION carried, 6-0. MOTION: A motion was made by Council Member Kunisch and seconded by Council Member Carter to go out of Executive Session at 6:35 p.m. MOTION carried, 6-0. RESUME REGULAR SESSION AT OR AFTER 7:00 PM 9/19/07 Minutes, Town Council Regular Session 2 CALL TO ORDER - 7:05 p.m. ROLL CALL PRESENT: Paul Loomis, Mayor Helen Dankwerth, Vice Mayor K.C. Carter, Council Member Barry Gillaspie, Council Member Al Kunisch, Council Member Terry Parish, Council Member EXCUSED: Paula Abbott, Council Member PLEDGE OF ALLEGIANCE Mayor Loomis 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 Police Chief Danny Sharp reported that this afternoon Reverse 911 became live and is now up and running. He thanked the Council for the funding. He also announced that a Police Department reorganization is in progress and a promotional ceremonywill be held on September 26th at 2:00 p.m. at the Casas Adobes Church. Finance Director Stacey Lemos introduced Brian Garrity, the Town's new Procurement Administrator. TOWN MANAGER'S REPORT - No report. ORDER OF BUSINESS: MAYOR WILL REVIEW THE ORDER OF THE MEETING Mayor Loomis announced that the State of the Town address would be held on Thursday, September 20th at noon at the Hilton El Conquistador. CALL TO AUDIENCE - No speakers. 9/19/07 Minutes, Town Council Regular Session 3 PRESENTATIONS Oro Valley Parade Committee Chair, Jackie Devry, announced the Town's 3rd Holiday Parade. She reported that Hiremath Family Dentistry would be the Title Sponsor for the parade which will be held on December 8th beginning at 10:00 a.m. leaving from Ironwood Ridge High School. She then introduced the members of the Parade Committee. Mr. Rob Morton, Arizona Department of Commerce, recognized ATS Southwest, Inc. and explained that they have been awarded a Department of Commerce Job Training Grant. Pam Furrie, Human Resources Director for ATS Southwest, then thanked the Department of Commerce for the grant in the amount of $5,775. 1. CONSENT AGENDA At the request of Council, Mayor Loomis pulled Items H and I from the Consent Agenda for discussion. MOTION: A motion was made by Council Member Carter and seconded by Vice Mayor Dankwerth to approve the Consent Agenda with the exception of Items H and I. MOTION carried, 6-0. A. Minutes - 08-22-07; 09-05-07 B. Economic Development Division Monthly Report - August 2007 C. Resolution No. (R)07 - 100 Approving a License Agreement between the Town of Oro Valley and Comcast of Arizona, Inc. D. Resolution No. (R)07- 101 Authorizing the Director of the Oro Valley Water Utility to Negotiate and Execute the purchase of an easement from Gary and Amy Heinfeld, in an amount not to exceed $17,500.00 E. Resolution No. (R) 07- 102 Authorizing the Water Utility Director to execute Reclaimed Water User Agreements F. Resolution No. (R)07- 103 Declaring that the proposed amendments to the Water Code, Chapter 15 of the Oro Valley Town Code at Sections 15-1-1, 15-1-3, 15-2-2, 15-2-3, 15-2-4, 15-5-1, 15-5-3, 15-6-1, 15-7-1, 15-12-4, 15- 15-6, and 15-16-5 filed with the Town Clerk, a public record G. Resolution No. (R)07- 104 Setting the terms of the current appointed members of the Historic Preservation Commission 9/19/07 Minutes, Town Council Regular Session 4 H. Resolution No. (R)07- 105 Approving Gordley Design Group, Inc. as Consultants for the Naranja Town Site Public Education Program and authorizing the Town Manager to enter into a contract with Gordley Design Group, Inc. for an amount not to exceed $50,000.00 (PULLED FOR DISCUSSION) In response to a question from Council Member Gillaspie (regarding concerns about use of public funds to influence a public vote), Parks and Recreation Director Ainsley Reeder explained that the consulting services would be used for a public education program to educate the public about the existing Master Plan. Communications Administrator Mary Davis further explained the differences in educating the public and running a campaign. She stated that this campaign is specific to providing the facts about the Master Plan, its cost components, etc. The firm that is being recommended is experienced in running public information campaigns and does not participate in advocacy campaigns. MOTION: A motion was made by Council Member Gillaspie and seconded by Council Member Parish to adopt Resolution (R)07-105. MOTION carried, 6-0. I. Resolution No. (R)07- 106 Establishing Policy Guidelines and Procedures for the Funding of Community Agencies Council Member Kunisch suggested holding a Study Session to further discuss the Policy Guidelines and Procedures, guidelines and criteria. Tory Schlievert, Manager's Assistant, reviewed a PowerPoint presentation describing the reasons for the policy, how the funding program would work and benefits of the program. MOTION: A motion was made by Council Member Parish and seconded by Council Member Kunisch to adopt Resolution (R)07-106 with wording changes asresented byCouncil Member Gillaspie (Section 1.11 - Modify to read "Where p the applicant received funding for the previous fiscal year, an application must be submitted in agreement terms complete prior to funding disbursement prior to next fiscal year (striking 2007/2008 and 2008/2009). 2.12 Reword regarding requiring performance measures before submitting to various agencies.) MOTION carried, 6-0. J. Appointment of Greg Roberts with term to expire June 30, 2008 to the Parks and Recreation Advisory Board 9/19/07 Minutes, Town Council Regular Session 5 K. Adopting amendments to Town Council Policy No. 4 Meeting Facilities p g Usage Policy 2. OV12-06-29 SANOFI AVENTIS, REPRESENTED BY THE WLB GROUP, REQUEST APPROVAL OF A DEVELOPMENT PLAN FOR AN 110,350 SQUARE FOOT TECHNOLOGY AND RESEARCH CENTER ON LOTS 9 AND 10 OF RANCHO VISTOSO NEIGHBORHOOD 3, LOCATED ON THE NORTHEAST CORNER OF INNOVATION PARK DRIVE AND RANCHO VISTOSO BOULEVARD Beth Koch, Sanofi Aventis, reviewed the background and history of Sanofi Aventis in Oro Valley explaining that the company is devoted to combinational p Technologies in support of drug research. David Little, The WLB Group, representing Sanofi Aventis, reviewed the site plan features andp resented the proposed Development Plan for the new 110,350squarearea foot Technologyand Research Center. He showed the Open Space swap and reviewed the architectural features and depictions of the proposed building. PlanningZoning and Director Sarah More explained that the zoning is PAD Campus Park Industrial. She explained that it is in compliance with the General Plan and Zoning Code and that all aspects have been approved by the Development ment Review Board. She further thanked the Project Team from Sanofi Aventis for their work on thisp roject and stated that staff recommends approval of the development plan. MOTION: A motion was made by Vice Mayor Dankwerth and seconded by Council Member Gillaspie to approve OV12-06-29 the Development Plan for Sanofi Aventis Technology and Research Center on lots 9 and 10 of Rancho Vistoso Neighborhood 3, located on the southeast corner of Innovation Park Drive and Rancho Vistoso Boulevard. MOTION carried, 6-0. 3. PUBLIC HEARING - ORDINANCE (0) 07-33 OV7-06-04 AMENDMENT TO THE ORO VALLEY ZONING CODE REVISED TO PERMIT RELIGIOUS INSTITUTIONS IN ALL ZONING DISTRICTS EXCEPT FOR PARKS AND OPEN SPACE, TO REPLACE CHURCH, SYNAGOGUE, OR TEMPLE WITH RELIGIOUS INSTITUTION IN CHAPTER 31, DEFINITIONS AND THROUGHOUT THE ORO VALLEY ZONING CODE REVISED, AND TO ELIMINATE THE "C" (CHURCH) FROM THE PS & C ZONING DISTRICT (Continued from July 18, 2007) 9/19/07 Minutes, Town Council Regular Session 6 Planning and Zoning Director Sarah More reviewed the Staff report and explained that the Planning and Zoning Commission has recommended approval of this item as presented. She reviewed the distances for notification for Conditional Use Permits (CUP) as being 600 feet from the property and 300 feet for a Development Plan unless the property is 20 acres or more then it is 600 feet. Discussion followed regarding: - Zoning Codes in effect now (as an allowed use in a zoning district, no limits for number of facilities). - Any religious ious use would have to meet Zoning Code requirements of an overlay district (i.e. height requirements, building requirements, etc.) - Religious uses in residential zones would not be treated as a residential use. A full Development Plan review process would be required. - Existing religious uses in Town are in residential zones (but are on main thoroughfares). - Federal laws apply whether or not local jurisdictions have local regulations in disagreement. - Opportunities for public input in Development Plan process. - Conditional Use Permit (CUP) process/Pros and Cons. - Equalize DRB review and CUP processes. - Town still has authority to enforce public safety, health and welfare issues. Must enforce equally among all uses. Mayor Loomis opened the public hearing. Edwin Van Woert, Town resident, commented on the change of terminology (religious institutions vs. churches and public vs. private institutions). He also asked when determining what institutions/enterprises can go into residential neighborhoods, can they survive/prosper through e-mail, mail, Internet fax, etc. or g must the patrons visit the premises? He stated that approval of this ordinance would be a dreadfully bad idea. Paul Parisi, Town resident, thanked the Town staff for their input and also thanked the Council for their wisdom and courage to govern the Town. Bill Adler, Town resident, commented that when converting a residence to a non- residence in an established neighborhood, residents should be allowed to comment at a public hearing. He felt that the risks were greater in denying the opportunity for public input. He stated that this public input may bring about pp Y opportunities to mitigate some of the adverse impacts by applying conditions. Mayor Loomis closed the public hearing. Discussion followed regarding: - Brinin the Town's regulations into Federal compliance. (Federal law uses the ging 9/19/07 Minutes, Town Council Regular Session 7 term "religious institution"). - DRB meetings are in practice public hearings. - Conversion of a home to a religious use would require a full development process. MOTION: A motion was made by Council Member Parish and seconded by Council Member Kunisch to adopt (0)07-33 (0V7-06-04) amending the Oro Valley Zoning Code Revised to include religious institutions as a permitted use in all zoning districts except for Parks and Open Space, to replace Church, Synagogue, or Temple with Religious Institution in Chapter 31, Definitions, to eliminate the "C" (Church) from the PS&C zoning district. Further discussion followed regarding: - Consider increasing notification for all development review hearings to 600 feet. (Bring back to Council at a later date for consideration). - Localg overnment is charged with public safety, health and welfare of its citizens. Suggest all notification requirements, distance, timing, etc. be reviewed. MOTION carried, 6-0. Mayor Loomis recessed the meeting at 8:40 p.m. The meeting resumed at 8:50 p.m. 4. PUBLIC HEARING - RESOLUTION NO. (R)07- 107 AMENDING THE GENERAL PLAN LAND USE MAP BY CHANGING THE LAND USE DESIGNATIONS FOR PORTIONS OF RANCHO VISTOSO NEIGHBORHOOD 3, GENERALLY BOUNDED ON THE NORTH BY RANCHO VISTOSO BOULEVARD, ON THE EAST BY ORACLE ROAD, ON THE SOUTH BY TANGERINE ROAD, AND ON THE WEST BY THE BIG WASH AS REQUESTED BY APPLICANTS VENTANA MEDICAL SYSTEMS, INC., VISTOSO PARTNERS, LLC AND VENTURE WEST REAL ESTATE SERVICES, INC. Paul Oland, The WLB Group, representing the applicants Vistoso Partners, Ventana West and Ventana Medical Systems, reviewed the location map of Rancho Vistoso Neighborhood 3 and Rancho Vistoso Planned Area Develo ment (PAD) Land Use Plan map. He also reviewed the proposed land p trade area, commercial areas, Open Space and linear recreation area. He explained that the amendment proposes an approximate "one-to-one" exchange p of open space/roadways and developable lands and will result in a net reduction p p of developable property of 3.6 acres and will increase open space and roadways by3.6 acres. Mr. Oland then reviewed the grading design, the tentative development plan, proposed trail system connections and views from Oracle Road. 9/19/07 Minutes, Town Council Regular Session 8 Neil Simon, Venture West Real Estate Services, addressed the Town Council and presented the background of Venture West and the attributes of the proposed project and the proposed General Plan Land Use Map change. Mr. Oland then reviewed a quantitative summary depicting the following: - RECON Environmental - Xeroriparian Habitat - Existing 54.5 acres of disturbance, proposed 21.2 acres of disturbance. - Oro Valley Riparian Habitat Overlay District - Existing 44.5 acres of disturbance, proposed Zero (0) acres of disturbance. - 25% Slope Areas - Existing - 1 acre of disturbance, proposed 13 acres of disturbance. - Recreation areas - Existing 6 acre central design, proposed 28 acre linear design. - CPI Parcel Size - Existing 15.3 acre average, proposed 16.1 acre average. Discussion followed regarding: - Trail system connections/crossings across Tangerine Road. - Redistribution of proposed commercial area: - Preserve and locate where more appropriate for today. - Combination of specialty and retail businesses. - Better use of property is bio-tech/high-tech industry vs. retail/restaurants, etc. Planning and Zoning Director Sarah More reviewed the staff report and criteria for approving a General Plan amendment. She highlighted the following: - Enhance the ability for Neighborhood 3 to better serve the community. - Market demand - Does proposal meet the community needs? - Open space trades/RECON Study: - Riparian areas/significant biological corridors. - Commerce/Office Park (COP) designations. - Recreation area (28 acre linear park design). - Community benefit and asset. - General Plan Land Use Map - Pros and cons of amendment not discounting the disturbance to slope area. - Provides a balance that is in favor of the Town. - Planning and Zoning Commission and Staff recommend approval with conditions. Mayor Loomis opened the public hearing. Bill Adler, Town resident, stated that he supports the amendment with reservations. He stated that there are clearly some environmental problems but looking at other concentrations of interest, there is a balance. He stated that there would be an opportunity to address concerns at the rezoning level. Zev Cywan, Town resident, challenged the legitimacy of tonight's hearing and p processes rocesses leading up the hearing, due to what he perceived as a failure of 9/19/07 Minutes, Town Council Regular Session 9 the Town government to allow for enhanced public involvement into the amendment process of the General Plan. Lyra Done, Town resident, stated that the change in Neighborhood 3 was an important factor to the sustainability of the Town. She stated that it was perfect p timing to bring in quality jobs. She asked that the Council approve the change as it was a win-win situation for everyone. Jerry Bustamante, representing Northern Pima County Chamber of Commerce, stated that the Chamber has carefully reviewed the amendment and they endorse the change. He stated that this would benefit the entire Town and allow the Town to recruit hundreds of employees in the bio-tech/high-tech industry. He stated that we have an opportunity to work with a developer that has a shared vision with the Town. He encouraged the Council to approve the General Plan amendment. Nancy Martin, Town resident, supported the General Plan amendment. She stated that Venture West was a "class act" to deal with and they will do an excellent job of developing in the Town. Mayor Loomis closed the public hearing. MOTION: A motion was made by Council Member Parish and seconded by Council Member Kunisch to approve OV11-06-02, General Plan amendment for portions of Rancho Vistoso Neighborhood 3 generally bounded on the north by Rancho Vistoso Boulevard, on the east by Oracle Road, on the south by Tangerine Road and on the west by the Big Wash and subject to the conditions contained in Exhibit "A". Exhibit "A 1. Thero osal shall be revised to depict six and eight-tenths (6.8) acres of p p COP designated property in the area proposed to be NCO in proximity to the g southwest corner of Rancho Vistoso Boulevard and Oracle Road. 2. Strip mall-style le development is not permitted within the NCO (PAD C-1 Y zoning) area, located in proximity to Oracle Road and Rancho Vistoso Boulevard. Discussion followed regarding: - Market demand - Need Commerce/Office Park property. - Projections of traffic volumes along Oracle Road in the future. Need to mitigate any further impacts to Oracle Road. - Overall economic opportunities out weigh issues. - Help Ventana Medical Systems get parking area. - Concerned about use of land. - Land Use Plan Commercial/Office & Commerce/Office Park). If (Neighborhood weo from the most intense use to a less intense use, is an amendment to ggal General Plan required? - Zoning Code Section 22.2 Designation of Commerc 9/19/07 Minutes, Town Council Regular Session 10 Office Park in General Plan if rezoned to Neighborhood Commercial Office would require a minor amendment.) - Building heights are established by Zoning and PAD. - Neighborhood Commercial/Office (NCO) zoning allows offices. - Multiple uses allowed on single site (NCO and COP). MOTION carried, 6-0. Mayor Loomis recessed the meeting at 10:05 p.m. The meeting resumed at 10:12 p.m. 5. PUBLIC HEARING - ORDINANCE (R)07- 38 OV9-05-06 APPROVING A REZONING REQUEST BY THE WLB GROUP REPRESENTING LINE TRUST & KINO WEST INVESTMENT GROUP FOR THE PROPERTY LOCATED ON THE NORTHWEST CORNER OF LA CHOLLA BOULEVARD AND NARANJA DRIVE AND KNOWN AS LOS SAGUAROS VIEJOS FROM R1-144 TO R1-20 Paul Oland, The WLB Group, representing the applicants Lin Trust and Kino West Investment Group, reviewed a location map for the proposed project which will consist of approximately 132 acres and 118 single family homes. He reviewed the riparian areas and explained that RECON Environmental has conducted a biological study on the property and the riparian areas have been avoided by the project designers. He further explained that the developer will work with Amphitheater School District to do necessary improvements at Glover Road. Mr. Oland also reviewed the proposed trails and recreation areas. Planning and Zoning Director Sarah More reviewed the Staff report. She explained that this project would average less than one home per acre and that sensitive riparian areas would be preserved. She further reviewed the lot- clustering option as enabled by the Zoning Code Riparian Overlay and traffic circulation as reviewed by the Town's Public Works Department. The Planning and Zoning Commission and staff recommended approval of the proposed rezoning. Discussion followed regarding walls and access, buffering, right-of-way dedications and possible landscaping, multi-use paths/sidewalks, future widening of Naranja Road, ingress/egress on Glover Road, costs associated with road improvements/repairs, conditions of rezoning (cost sharing and ownership of roadway), future off-site water improvements and requiring an archaeological study to be conducted. Ms. More further explained that Amphitheater School District owns Glover Road, so the Town can not impose a condition that this roadway will be dedicated to the Town. The developer will contribute their fair share to the reconstruction of the road and will dedicate an additional 45 feet of right-of-way on La Cholla 9/19/07 Minutes, Town Council Regular Session 11 Boulevard and sidewalks and larger shared use paths will be provided. Water Utility Director Philip Saletta explained that a standard water system plan would have to be submitted and the Town would require certain line sizes. He stated that a condition requiring that a water plan be submitted could be added to the Conditions of Approval (any on or off-site water system improvements will be the responsibility of the applicant). Further discussion followed regarding the addition of walls across open spaces/washes and possible liability, and Crime Prevention Through Environmental Design (CPTED) concerns and curbing along the roadways. Mayor Loomis opened the public hearing. Nancy Martin, Town resident, thanked the developer and neighbors for working together in decreasingdensity. She expressed concerns regarding traffic and g asked for an access road from La Cholla Boulevard due to gridlock issues in the morning and afternoon hours. Mayor Loomis closed public hearing. MOTION: A motion was made by Council Member Parish and seconded by Council Member Carter to adopt Ordinance (0)07-38 with conditions listed in Exhibit "B" and adding that an archaeological study will be completed and that water improvements will be the responsibility of the applicant and will be approved bythe Planning and Zoning Director and that the overall density will be pp restricted to .9 dwelling units per acre as specified in the Tentative Development Plan. (Get additional conditions from Sarah/David!!) Exhibit "B" with additional conditions per motion: 1. This development shall contribute its fair share of costs in the reconstruction of Glover Road. The Town will not participate in the reconstruction cost of Glover Road. 2. This project shall coordinate with both the Town of Oro Valley and Amphitheater School District in the planning and design of the Glover Road reconstruction. 3. By separate instrument, this development shall dedicate or donate to the p Town an additional 45 feet of right-of-way on La Cholla Boulevard. 4. This development shall dedicate 50 feet of right-of-way on Glover Road; this includes thep ortion of parcel 224-11-038A that has been identified as excluded from this rezoning. Said dedication shall extend to the La Cholla Boulevard western right-of-way boundary. 5. A shared use path on the north and south sides of Glover Road shall be constructed as a part of the street reconstruction and dedication. 6. A shared usep ath on the south side of the property within the north half of the Naranja Right-Of-Way shall be constructed as a part of this development. 7. To mitigate cut-through traffic, all streets within this development shall be 9/19/07 Minutes, Town Council Regular Session 12 private and all ingress/egress points to the public right-of-ways shall be gated. This includes connection points to the future Glover Road right-of-way. If during the preliminary plat stage of the development review, the applicant requests that the streets become public and not gated, the site circulation shall be redesigned to the satisfaction to the Town Engineer. 8. Identify locations for the proposed detention basin(s) on the Tentative Development Plan. 9. A mitigation plan addressing the specific areas of roadway disturbance must be submitted as part of the preliminary plat process. 10. An archaeological study must be completed (Condition added by Town Council). 11. Water improvement plans are the responsibility of the applicant and must be approved by the Water Utility Director (Condition added by Town Council). In addition, the Water Utility Department has requested the following items be required: • Extend the 12 inch E Zone main across La Cholla on Glover to the property's western boundary. • Extend the 12 inch E Zone main in the north right of way off Naranja west to the property's western boundary. • Connect the above mentioned mains with 8 inch mains through the development on both sides of the major wash which bisects the parcel. • If an extension of the existing infrastructure is required a water improvement plan will need to be submitted to the utility for review and approval. • Before submitting a plan to the utility, the engineer must receive from the Fire Marshall specific fire flow requirements, ie., capacity, number and location of fire hydrants. This information must be submitted along with the plan to the Utility for review and approval. • A PCDEQ certificate for the approval to construct or a waiver will be required and provided to the Utility before construction can begin. • A line extension agreement must be signed and returned to the Utility before construction can begin. • A PCDEQ certificate for the approval of construction will need to be issued and provided to the Utility before water service can begin. • Easements for the placement of public water facilities, ie., water lines, fire hydrants, etc., on private property must be submitted to the Utility for review and approval. The approved legal description and sketch will need to be recorded by the Engineer and a copy provided to the Utility before construction is finaled. • The contractor must arrange for a pre-construction meeting with the utility before construction of the water system can begin. 9/19/07 Minutes, Town Council Regular Session 13 • These comments are in no way all inclusive as a hydraulic review of a submitted water improvement plan must be completed. • Fire service requires back flow assemblies. 12. The overall density will be restricted to .9 dwelling units per acre as specified in the Tentative Development Plan (Condition added by Town Council). MOTION carried, 6-0. 6. OV13-07-09 REQUEST TO COUNCIL TO APPEAL THE DEVELOPMENT REVIEW BOARD DECISION TO DENY THE REQUEST FOR A COLOR REVISION FOR YOKOHAMA ASIAN EXPRESS, LOCATED AT 8060 N. ORACLE ROAD MOTION: A motion was made by Council Member Parish and seconded by Council Member Kunisch to deny OV13-07-09, request for appeal to the Development Review Board decision to deny the color revision as requested by Yokohama Asian Express. MOTION carried, 6-0. 7. FUTURE AGENDA ITEMS Council Member Gillaspie- Bring forward for Council consideration a comprehensive amendment to the Zoning Code regarding notification for "rights of assembly" and other development review and zoning items in order to bring them into consistency and to specifically address timing. Council Member Kunisch - Enforcement of color palettes. (Existing subdivisions are asking to have changes - should it be the Town's responsibility for enforcement or the Homeowners Associations? - Bring forward as a Study Session item. Council Member Gillaspie - Direct staff to consult with the Corporation Commission staff regarding options to work with them to adopt Corporation Commission standards (i.e. undergrounding electric lines, etc.) CALL TO AUDIENCE - No speakers. ADJOURNMENT MOTION: A motion was made by Council Member Parish and seconded by Council Member Kunisch to adjourn at 11:10 p.m. MOTION carried, 6-0. 9/19/07 Minutes, Town Council Regular Session 14 Prepared by: Roxana Garrity, C M C Deputy Town Clerk I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular session of the Town of Oro Valley Council of Oro Valley, Arizona held on the 19th day of September 2007. I further certify that the meeting was duly called and held and that a quorum was present. Dated this day of , 2007. Kathryn E. Cuvelier, CMC Town Clerk DRAFT MINUTES ORO VALLEY TOWN COUNCIL TOWN COUNCIL STUDY SESSION September 26, 2007 ORO VALLEY COUNCIL CHAMBERS 11000 N. LA CANADA DRIVE CALL TO ORDER ROLL CALL PRESENT: Paul Loomis, Mayor Helen Dankwerth, Vice Mayor Paula Abbott, Council Member K.C. Carter, Council Member Barry Gillaspie, Council Member Al Kunisch, Council Member Terry Parish, Council Member 1. DISCUSSION REGARDING THE MUNICIPAL OPERATIONS CENTER MASTER PLAN - 50% COMPLETION UPDATE Building Official Suzanne Smith presented an overview of the Municipal Operations Center (MOC) Master Plan. She explained that this planning process is about 50% complete at this time. She stated that they are addressing the functionality requirements and costs of the project and have made a few changes to the original Space Needs Study. She further explained that in order to address space needs at Town Hall, staff is looking into a minor expansion and remodel of the existing Development Services building and either a new addition for the Council Chambers and support spaces or a remodel of the existing Council Chamber space. Jaimie Curry, consultant from Deutsch Architecture Group, reviewed the Master Planning process. She then presented a PowerPoint presentation and highlighted the following: - Rancho Vistoso Town Site for MOC (Neighborhood 3, C-1 zoning) -23 gross acres -16 buildable acres - Phase - 13.2 acres - Police Training (7,000 sq. ft. basement, 8,000 sq. ft. first floor, Evidence storage 6,100 sq. ft., Water Utility Administration (5,000 sq. ft.). Will be future Police Substation. - Police Impound Yard (0.5 acres) - Public Works and Water Utility Operations Office (4,300 sq. ft. first floor, 09/26/07 Minutes, Town Council Study Session 2 4,300 sq. ft. second floor, Water Equipment Storage 3,250 sq. ft., Facilities Maintenance Shop 2,500 sq. ft., Maintenance Garage 2,500 sq. ft., Public Works Warehouse 7,500 sq. ft.). - Access to site from east. Segregated access to secure/non-secured areas. - Dedicated open space/paving/parking/future phases. - Town Hall Site - 15.5 gross acres - 14 buildable acres - Phase I: Construct additions/renovations for Public Works, Building Safety and Planning and Zoning (6,200 sq. ft. addition is representative of the 2021 space needs). Administration Building: New addition for Council Chamber/support spaces or remodel existing Council Chamber space. (Current Water Utility Building will be vacated and provide additional staff space). Ms. Smith requested Council direction as to whether they wanted staff to renovate the current Council Chambers to accommodate new technology or to build a new Council Chambers. She further commented on the opportunities to build the new MOC building and remodels to the newly adopted LEED Silver standards. Ms. Curry described some of the LEED opportunities that have already been incorporated into MOC master planning (i.e. Protect and/or Restore Habitat, Light Pollution Reduction and Incorporating Alternative Fuel Vehicles). She stated that the cost impact of a basic level of LEEDs certification has been incorporated into the cost estimate but the Silver level would need to be reevaluated. She then presented the estimated costs of Phase I (construction costs $24 million with total project cost at $34 million). Finance Director Stacey Lemos explained that if bonds were issued to construct the MOC facility, the estimated annual debt service would range from $1.5 - $2 million (based on issuing $25-$30 million in 25 year bonds). She also explained that approximately $5 million dollars has been set aside in the Water Fund, Highway Fund and General Fund for this project (MOC building and renovations to Town Hall). Discussion followed regarding: - Providing cost differentials for constructing the buildings upwards (2-story buildings). - Build heavy foundations so if we need to build up in the future we can. This is also an ideal site for basement area. - Town campus needs - Storage space/active storage needs. - Do not build cheaper in beginning so that we are out of space in 10 years. (6100 feet of Evidence Storage is a waste of time). Provide justification for square footage from departments if we downsize from original Space Needs study estimates. Don't try to make it all fit in $30 million budget if it is not appropriate. 09/26/07 Minutes, Town Council Study Session 3 - Revisions may be acceptable, but need to look at this as a 25-year program. All departments need to agree that this is appropriate for the future. - Primary objective was to move vehicles from Calle Concordia town property. (All large equipment will be moved from Calle Concordia. Coyote Run's smaller vans and Parks vehicles will remain. Public Works and Water equipment will be moved). - Access to site - Open space area on east side is undisturbed and want to maintain it as such. - Wash ties into trails to the north. - Try to implement LEEDs standards that would bring daylight into basements. - Debt service -10 year financial projections. Line item in General Fund and Highway Fund. Fits in with 10 year financial sustainability. Must identify additional revenues. - MOC site would be funded through Municipal Property Corporation (MPC) backed up by sales tax and General Fund dollars. - MOC site sits approximately "three football fields" away from Rancho Vistoso. Landscaping and screen walls will be added for buffering. - 2007/2008 Budget considered space needs as a high priority. Staff was careful to program enough debt service capacity to cover $30 million in current budget. We are currently 5 years behind on space needs. This project will accommodate 25-30 years of Town space needs. - Same amount of space potential as in original Space Needs Study. Build to immediate needs and 5 years out now. 2 - 3 stages of development is planned. - If we build multi-story buildings, approximate costs would increase by about 80% but many factors play into that cost. - Estimated annual allocations: General Fund-$855,000 to $1,140,000, Highway Fund - $330,000 to $440,000, Water Fund-$315,000 to $420,000. Further discussion followed regarding: - As Water Department moves from Calle Concordia site, need to consider what the impact will be on the available space needs issues. - Identify additional cost impact to achieve LEED Silver standards (need actual design before these costs can be identified). - Provide justifications for sizes of buildings, downsizing of buildings and placement of buildings. - Have additional review in near future as design progresses. Mayor Loomis recessed the meeting at 6:45 p.m. The meeting resumed at 6:55 p.m. 09/26/07 Minutes, Town Council Study Session 4 2. DISCUSSION REGARDING THE ELEMENTS OF THE NARANJA TOWN SITE: a) ELECTION AND FUNDING PROPOSAL OPTIONS Finance Director Stacey Lemos reviewed the funding scenario options for structuring a potential November 2008 ballot question for funding the Naranja Town Site. Option 1 - - One bond authorization for +1- $150 million. - Project is built in phases. - Addresses unmet needs for parks and like amenities. - A separate Citizens Bond Oversight Committee ensures appropriate expenditure of bond funds. - Target maximum secondary property tax rate to keep cost impact low and predictable. - Secondary Tax Rate-Maximum Tax Rate = $.60 with monthly cost to Homeowner of $12.00 - For Phase I- Construct earthwork, infrastructure, playfields, courts, outdoor recreation elements, parking and performance stage. - Bond issuance Date - March 2009, Issuance amount $48 million - O&M Cost $1.2 million, Funding source - 4% of 6% Bed Tax Revenue - For Phase II- Construct Community Center - Bond Issuance date - September 2013 - Issuance Amount $69 million - O&M Cost $500,000, Funding Source - Primary Property tax - For Phase III -Construct Aquatics Center and Music Pavilion - Bond Issuance date - September 2017, Issuance Amount - $37 million - O&M Cost - $800,000, Funding Source - Primary Property tax Option 2 - Bond election with one ballot question from $40-50 million bond authorization for Phase I elements only. - Addresses unmet needs for outdoor recreation elements. - Later phases built through possible donations, endowments, and/or bond elections. - O&M costs paid with 4% of 6% Bed Tax revenue. - A separate Citizens Bond Oversight Committee ensures appropriate expenditure of bond funds. - Secondary Tax Rate- First year $.48, 25-year average $.28 - Monthly cost to homeowner is $10.20 (based on $300,000 home but assessed on Secondary Assessed Valuation) - Property Tax Calculation (Assumptions are Statutorily set) (Realistically could be less depending on commercial growth rate, etc.) Mayor Loomis opened the floor for public comment. Dick Johnson, Town resident, stated that a stake-holders meeting has been held and there is great passion in the community to build this park. He stated that this 09/26/07 Minutes, Town Council Study Session 5 would be a unifying asset to the community. He suggested that before setting the amount in the bond issue, that the Town revisit the costs as the building environment has changed. He also suggested keeping an open mind as we go through the open house process. The stakeholders want to work with the Town and will take on an advocating role in getting the park built. He stated that he looks forward to working to get the message out to the Town's citizens. Al Cook, Town resident, stated that he looks at the Naranja Town Site as a 30 year investment. It is an investment in excellence and in the community. He stated that buying the land was a huge act of faith. By calling an election, the private sector will look at this site now as they know the Town is serious and they will have a lot to offer as they are interested in who we are and where we are going.. He stated that the economic explosion around us means that there will be many people who will use this facility. It will be an attractive place. On behalf of Jim Hartsuck, a Town resident, Council Member Gillaspie stated that they are asking for ball fields and amenities for the children. Town Attorney Melinda Garrahan commented that with Option I, even if the voters approve the $150 million, the Town Council would still have the opportunity to review the phases and decisions can still be made. In response to pp Y aq uestion from Mayor Loomis regarding the timing of phases, Ms. Garrahan explained that the election pamphlet information is an indication to the voters as to the overall plan but there is still room to do something different and make adjustments. Art Segal, Town resident, stated that he believed that people believe they were misled with Vestar's incentive. He stated that the bond issue should specify what it will actually cover. Some people might be for a park but not want an outdoor amphitheater or an aquatics center. People need to know what they are voting for and not have anything that might mislead them. He also stated that the Town must consider what all citizens want; are we building for certain entities or are we building for the entire community? Discussion followed regarding: - Waiting until the results of the upcoming survey are available. - Support moving forward in some manner. - Need to look at what is good for the community. Important to look at from a global perspective. - May not have to utilize a property tax. Should be able to find funding for Phase II. - Demographics of the Town are changing. Ongoing need for everything in Phase I. - Misgivings about setting dates for Phase II and III. If Phase I is satisfactory to the community, this could be a selling point as to continuing the additional phases. 09/26/07 Minutes, Town Council Study Session 6 - This park site will be the heart of Oro Valley. We are behind on field space. - Support Option 2 - don't have to push for primary property tax. Great way to start, build enthusiasm without encumbering the residents. - Trying to understand the hesitation for phasing. What is the reason for limits verses selling the Master Plan? - The driver is "fear". There is a price to pay for either option. Prefer Option 1 - see built into question then these items have a specific date that would go into effect. Option 1 gives the Town and its leaders as many options possible to do what is right for the community. - Go with Phase I but in Option 2. Option I is "culture shock". Hard to wrap heads around larger sum. - Not supporting placing all bonding capacity into one project. - Truth in bonding - Held to substantive provisions of the question. Bond question would be written so these monies would be committed to Naranja Town Site. - Bonding capacity - tied to limitations set by State Statute. - 10 year average growth rate 14% - 15% for commercial. Growth rates should sustain at this level. - Hard to justify a way to ask for a bond issue in the total amount. Making complicated for average citizen. - Message to sell to the public is one that they would support. Why are we fearful tog o to the voters? We have to demonstrate to our citizens that we will deliver on time, on cost, and then go to the next phase. —Majority of people seem to be in favor of this park but they are for something that makes sense to them. - It has taken 10Y ears to get to the point that we are at now. To play ball on the fields is another 5 years away. Phase II would be another 5 years plus going through what is needed for that Phase would be another 2 years. This project will be over-designed/redesigned. - Need to be frugal, successful in approach. - A lot of people are conscious of rising costs of water, sewer, etc. so we must be realistic. If successful with Phase I then would get voter approval for next Phase. - Concerns expressed regarding liability for such things as BMX park, etc. (Municipal Risk Pool has covered these types of things. Municipal government is the only type of business that can take on these types of youth activities.) - One constant is the desire for the outside activities. - The design is far grander than original proposal. - The only thing that has changed is the cost. The Community Center, Performance Center and Aquatics Center were in original Master Plan. - Also have to think about "do we need something for every one, for the entire community"? - Don't understand Council's trepidation. We need to include those things that serve the entire community. Give the citizens the options, give them a schedule. - Can't just change things around if commitments were made on the ballot question. Voters' approval is what would be looked at as bonding happens. 09/26/07 Minutes, Town Council Study Session 7 Future Councils will also be fair and honest and consistent with the voter's opinions. - Form Citizen's Oversight Committee. Mark Reader, consultant from Stone and Youngberg, explained that the ballot question rules. There are tax limits and time limits, but cities generally make ballot question flexible so they can react in the future. In response to a question from Council Member Kunisch, Mr. Reader explained that if the bond issue would fail, how then it can only go back to the voters in November of each year. In response to a question from Mayor Loomis regarding a dollar figure that might be considered too much, Town Attorney Melinda Garrahan explained that she has checked with other local governments to see where their sense of the matter was for their communities. Experiences show that the issue is - what does it cost the homeowner, not the overall cost of the project. Council Member Parish stated that we should take the Attorney's advice. The Town staff and Manager can put together a list of what other City/Town Managers think of the dollar figure. He also asked that a list of the the items and elements in the park and their anticipated costs be compiled and that a Study or Special Session be held to consider this. Council Member Gillaspie stated that he felt Option 2 was the best strategically, but he felt that the items under should be matrix driven. Council has to make a strategic decision to be conservative in approach. Council Member Abbott stated that this is based on needs. We must work towards getting kids off the streets. We should look at the elements of the park separately and let them stand alone. Building Official Suzanne Smith stated that they could get a second opinion on costs. She suggested contacting a construction company to provide a more detailed cost assessment on the plan. She stated that she felt it would take about 6 weeks to get a second opinion. Mayor Loomis stated that there is break down of the costs of each element/facility. He questioned whether the market has changed sufficiently to take a second look. Further discussion followed regarding: - What would be the purpose of getting a second opinion. (Ensure that we can build what we budgeted for.) - The earliest that this can go to an election is November 2008. There is a desire for more information. Is there value in getting second opinion? - Expect costs would come down but issue is what amount do we want to fund? - Important to double check the numbers. 09/26/07 Minutes, Town Council Study Session 8 There are desirable elements in the park. We have gone through the Master Planning process and arguments have been made for the number of fields, basketball hoops, etc. Provide background for how we came up with the number of ball fields, soccer fields, swimming pool, etc. Think about something for everybody considering demographics in the Town. We need to be able to move forward. Consider both Options. Arguments made are good, but we need to come out of next meeting with a plan to move forward. b) PUBLIC EDUCATION PROGRAM AND INFORMATION ON THE TRUST FOR PUBLIC LANDS Parks and Recreation Director Ainsley Reeder explained that the Trust for Public Land (TPL) is a national, nonprofit, land conservation organization that conserves land for parks, community gardens, historic sites, etc. A primary function of the TPL is to identify funding for acquisition for conservation. She explained that this project was not the typical type of activity for TPL but they are interested in creating a presence in southern Arizona. If Oro Valley would meet their criteria, they would like to get their "foot in the door" in southern Arizona. She then reviewed a three-prong approach as outlined by TPL staff: 1) Feasibility Study conducted by TPL that analyzes the Town's election history, voters, funding mechanisms, tax tolerance, legal requirements, current debt, etc. 2) The Town would take the information gathered in the feasibility study and have it validated through a public opinion survey. 3) If the data points toward a positive election result, TPL would take the survey information and help the Town draft the ballot question. Communications Administrator Mary Davis then addressed the Public Education program and identified the steps in building "Grassroots Support for Community Projects" as follows: 1) Determine Project Phases & Components. 2) Get Input from Planners, staff and key stakeholders on Phase priorities. 3) Educate constituents on Master Plan phasing, funding and impact. 4) Research on resident and community opinions (Research identifies the message strategy and/or gaps in planning and development). This leads to Education and Outreach (formulates messages and establishes strategy). She further explained that they have met with the consultant and they are currently working on developing the plan and scope of work. She stated that they hope to have the scope finalized in the next couple of weeks and then launch the campaign. In response to a question from Council Member Abbott, Town Attorney Melinda Garrahan explained that if a ballot proposition is written, staff can talk about the process, the study, finances, Town's assessed valuation, etc. until it becomes advocacy for the project. Council can advocate for the project, they just can't use 09/26/07 Minutes, Town Council Study Session 9 Town resources. Ms. Davis further explained that the public education plan ends in January but there will be calls for staff to make presentations up until the election in November. Fact sheets will be formulated to hand out. Mayor Loomis stated that a Special Session will be scheduled within the next 6 weeks. ADJOURNMENT MOTION: A motion was made by Council Member Carter and seconded by Council Member Kunisch to adjourn at 9:02 p.m. MOTION carried, 6-0. (Council Member Parish left the meeting at approximately 8:30 p.m.). Prepared by: Roxana Garrity, CMC Deputy Town Clerk TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: October 17, 2007 TO: HONORABLE MAYOR & COUNCIL FROM: Kathryn Cuvelier, Town Clerk T: Resolution No. (R)07- 111 Designating the Town of Oro Valley regular spring election SUBJEC dates; Designating the deadline for voter registration; and designating the place and the g g last date for candidates to file nomination papers SUMMARY: The attached resolution calls March 11, 2008 as the date to conduct the Primary Election for the purpose of nominating candidates for three Council Member seats whose names shall appear on the ballot at the General May Election to be held on 20, 2008. Any candidate receiving a majority of all the votes cast at the Primary Election will be declared elected without running at the General Election. Voter Registration deadline for the March 11, 2008 Primary Election is 5:00 p.m. on Monday, February 11, 2008 and April 21, 2008 for the May 20, 2008 General Election. must file nomination papers and other nomination forms by 5:00 p.m. on Wednesday, December 12, ndidatesp p ` 07 in order for their names to appear on the Primary Election Ballot. ATTACHMENTS: 1. Resolution No. (R)07- 111 FISCAL IMPACT: $140,0g 00 has been budgeted under the General Fund in the Clerk's Departmental Election category for the March 11, 2008 Primary Election and the May 20, 2008 General Election. SUGGESTED MOTION: MOVE to adopt Resolution No. (R)07-iii, designating March 11, 2008 as the Primary Election date and May I p 20, 2008 as the General Election date. Kath n E. Cuvelier, Department Head OdA/ta David Andrews, Town Manager RESOLUTION NO. (R)07- 111 CALL OF ELECTION A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA DESIGNATING THE ELECTION DATE; DESIGNATING THE DEADLINE FOR VOTER REGISTRATION; AND DESIGNATING THE PLACE AND THE LAST DATE FOR CANDIDATES TO FILE NOMINATION PAPERS BE IT RESOLVED, by the Mayor and Council of the Town of Oro Valley, Arizona, as follows: Section 1. Designation of Election Date; Purpose That March 11, 2008, has been set as the time for holding the Primary Election in the Town of Oro Valley, Arizona for the purpose of nominating candidates for three Council y Member seats whose names shall appear on the ballot at the General Election to be held on May 20, 2008. Any candidate receiving a majority of all the votes cast at the Primary Election will be declared elected without running at the General Election. Section 2. Designating Deadline for Voter Registration Pima County registration and voting lists will be used for the municipal election. In order g qualified to voteyou must be registered by Monday, February 11, 2008 for the to be g March 11, 2008 Primary Election and by Monday, April 21, 2008 for the May 20, 2008 General Election. Section 3. Designating Date and Place to File Candidate Nomination Form Candidates seeking municipal office may obtain nomination papers and other materials which must be filed by candidates at the Oro Valley Clerk's Office beginning Tuesday, September 5, 2007. Candidates must file nomination papers and other nomination forms by 5:00 p.m. on Wednesday, December 12, 2007 in order for their names to appear on the Primary Election ballot. PASSED AND ADOPTED by the Mayor and Council of the Town of Oro Valley, Arizona, this 17th day of October, 2007. Paul H. Loomis, Mayor ATTEST: Kathryn E. Cuvelier, Town Clerk tikor APPROVED AS TO FORM: Acting Town Attorney RESOLUCION NO.(R)07-111 LLAMADO A ELECCIONES UNA RESOLUCION DEL ALCALDE Y EL CONSEJO DEL PUEBLO DE ORO VALLEY, ARIZONA DESIGNANDO EL DIA DE LA ELECION; DESIGNANDO LA FECHA LIMITE PARA EL REGISTRO DEL VOTANTE; Y DESIGNANDO EL LUGAR Y LA FECHA LIMITE PARA QUE LOS CANDIDATOS PRESENTAR LOS DOCUMENTOS DE NOMINACION SEA RESUELTO,por el Alcalde y el Consejo del pueblo de Oro Valley, Arizona,como sigue: Seccion 1. Designacion del dia de ElecciOn y proposito Que el dia 11 de marzo del 2008 fue designado como la fecha para la ElecciOn Primaria en el pueblo de Oro Valley,Arizona, con el propOsito de nominar candidatos para Alcalde y tres miembros del consejo cuyos nombres apareceran en la balota en la ElecciOn General que se llevara a cabo el dia 20 de mayo del 2008. Cualquier candidato que reciba la mayoria de los votos en la eleccion primaria sera declarado elegido sin tener que postularse en la ElecciOn General. Seccion 2. Designacion de la fecha limite para registro de votantes Las listas del Condado de Pima registro y de los votantes seran usados para las elecciones municipales. Parap oder cualificar para votar debe estar registrado para el Lunes, 11 de Febrero del 2008 para la eleccion Primaria del 11 de marzo del 2008 y para el Lunes,21 de abril del 2008 para la eleccion General del 20 de mayo del 2008. Seccion 3. Designacion del dia y lugar para presentar el formulario Nominando el Candidato Los candidatos que quieren ser nominados para un puesto municipal,deberan obtener los papeles de nominacionY otros materiales que deben ser presentados por los candidatos en las oficinas de la Secretaria delp ueblo empezando el lunes 5 de septembre del 2007. Los candidatos deben presentar las nominaciones Y otras formas antes de las 5:00 de la tarde del miercoles 17 de diciembre del 2007 para que sus nombres puedan aparecer en la balota de las Elecciones Primarias. APROBADO Y ADOPTADO por el Alcalde y Consejo del pueblo de Oro Valley, Arizona este 17 de Octubre del 2007. Paul H. Loomis,Alcalde ATESTADO: APROBADO: Kathryn E. Cuvelier, Secretaria Abogada TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: October 17, 2007 TO: HONORABLE MAYOR & COUNCIL FROM: Kathryn Cuvelier, Town Clerk SUBJECT: Resolution No. (R)07- 112 Authorizing the Town Clerk to conduct the 2008 Spring Elections By Mail pursuant to ARS 16-409 on March 11, 2008 and May 20, 2008 SUMMARY: Oro Valley began conducting Ballot By Mail Elections in spring 2002. Our goal was to increase voter turn-out so that decisions made by our voters would represent the highest number of citizens voting in our elections. Since that time, seven ballot by mail elections have been conducted and an increase in voter participation did occur. Below is a list of voter turn-out for these elections: Ballot by Mail Election Date Voter Turnout % (Mail Ballot) Voter Turnout % (Polling Place) 3/12/02 Primary 42% Primary Election 24% (03/00) 5/21/02 General 38% General Election 31% (05/00) 11/04/03 Special 44% (General Plan) -04 Primary 35% 77-9-0S Special 36% (General Plan) 3-4-06 Primary 54% 5-16-06 Consolidated General Election 33% Thisp ast November 2006, voters in the State of Arizona voted no on the initiative to make Arizona a"Ballot By Mail" state. However, a majority of Oro Valley voters in all precincts, voted yes to the "Ballot By Mail" Statewide initiative. In addition, more than 80% of Oro Valley voters, vote early during major statewide elections. Oro Valleyvoters show a preference towards voting by mail. This trend may be attributed to the busy lifestyles of our citizens. Voting by mail provides convenience to the voter by giving them 33 days to review sample ballots, vote in thep rivacy of their homes, and mail their ballot back to the Recorder's Office or drop their voted ballot off at Town Hall any day they choose up to 7:00 p.m. on the day of the election. ATTACHMENTS: 1) Ballot By Mail Election Report sent to the State Senate and State Legislature listing the following information from our March 14, 2006 Ballot By Mail Election: • Relative Costs of Mail Ballot Elections compared to traditional elections. • Suggestions for Improvement or refinements in the Mail Ballot Program. • Frequency and severity of Mail Ballot Irregularities. • Voter Satisfaction with the Election Process. • Number of nondeliverable ballots. RECOMMENDATION: Oro Valley voters appear to be comfortable with voting by mail and have done so for the past 7 Oro Valle, elections. Therefore, I recommend that the Council approve conducting the 2008 Primary and General election by mail and that the ballots be mailed to the voters on the first day that Early Voting begins which is 33 days prior to the Election. Federal law requires that ballots must be mailed to those voters serving in the military 33 days prior to an election. Therefore, all ballots will be sent to our voters at the same time which will give them the optimum amount of time allowed. At this time, no consolidated elections are scheduled that would affect Oro Valley's primary or general election. Therefore, I recommend conducting both elections by mail. FISCAL IMPACT: $140,000 has been budgeted for our spring elections: March 11, 2008 Primary Election and the May 20, 2008 General Election. SUGGESTED MOTION: I move to adopt Resolution No. (R)07-112authorizingthe Town Clerk to conduct p the 2008 Spring Elections By Mail pursuant to ARS 16-409 on March 11, 2008 and May 20, 2008. or..... I move to conduct the March 11, 2008 Primary Election and the May 20, 2008 General Election as a "polling place elections." ATTACHMENTS: 1. Ballot by Mail Election Report. 2. Resolution No. (R)07-112 / c. Kat n E. Cuvelier, Department Head 64th awk14,,vi David Andrews, Town Manager PLS E Y q,,,/ 0 -,-*:_----, _. 06) O —7 TOWN OF ORO VALLEY lif 1r 11000 N.LA CANADA DRIVE 10 sy w. ORO VALLEY, ARIZONA 85737 R' Administrative Offices(520)229-4700 Fax(520)297-0428 ', '' : r A www.townoforovalley.com 0ND ED January 31, 2007 The Honorable Ken Bennett President of the Senate 1700 W. Washington Phoenix, Arizona 85007 The Honorable Jim Weiers Speaker of the House of Representatives 1700 W. Washington Phoenix, Arizona 85007 RE: Town of Oro Valley, Arizona Ballot by Mail Election held March 14, 2006 Gentlemen: Pursuant to ARS 16-409 B, the Town of Oro Valley, Arizona hereby submits its Mail Ballot Election Report for the Ballot By Mail Primary Election held on March 14, 2006. This was the sixth ballot by mail election conducted by the Town of Oro Valley. This election was the Town's regular primary election placing candidates, Home Rule Option and a Referendum before the voters. 1. CHANGES IN VOTER TURNOUT: According to the Pima County Recorder, Oro Valley total registered voters was 23,135. A total of 12,389 voters returned their voted ballots on time. The turnout for this election was 53.60%. 2. RELATIVE COSTS OF MAIL BALLOT ELECTIONS COMPARED TO TRADITIONAL ELECTIONS. 01/31/07 Ballot by Mail Election Report 2 03/14/06 Regular Primary Election —Conducted by Mail (Note: Stand alone Election. Cost of election paid entirely by Oro Valley): U.S. Postmaster $ 11,250.00 Pima County Recorder $ 44,593.26 Total Cost $ 55,843.26 Please note that as a result of cleaning up the voter roles, the total number of registered voters in Oro Valley decreased by 1,890 registered voters from the Special Election held November 8, 2005. Therefore, the cost of this election decreased by $2,993.92. 3. SUGGESTIONS FOR IMPROVEMENT OR REFINEMENTS IN THE MAIL BALLOT PROGRAM. We have discussed the issue of the mailing date for the ballots. Currently, the Oro Valley Town Council, with agreement by the Pima County Recorder, has determined in each election to mail the ballots on the earliest possible date, 33 days prior to the Election Day. Ballots for the March 14, 2006 Regular Primary Election were mailed out 33 days prior to the election. 4. FREQUENCY AND SEVERITY OF MAIL BALLOT IRREGULARTIES. No specific irregularities or problems were determined or reported during this election. 23,135 ballots were initially mailed. Of the ballots returned: • 289 returned with no forward address. • 55 returned with an indication that the voters were temporarily away and placed a hold on their mail. • 435 were returned with forwarding addresses in Oro Valley and new ballots were sent to those voters. • 317 were returned with a forwarding address outside Pima County. • 6 Military/Overseas ballots were returned with forwarding addresses and new ballots were sent. • 2 Military/Overseas ballots were returned without a forwarding address. Combined we issued a total of 574 New Residence Ballots. These ballots include voter registration forms and require the voter to update their registration before their ballot is counted. Some of them had contacted the Pima County Recorder's Office or the Oro Valley Town Clerk's Office before the ballots were sent so we were able to send the new residence ballots without waiting for the original ballots to be returned. 5. VOTER SATISFACTION WITH THE ELECTION PROCESS. We received no complaints or comments from voters during this election cycle. 01/31/07 Ballot by Mail Election Report 3 Overall, Oro Valley voters seem to like the convenience of voting by mail and prefer this type of an election rather than a traditional polling place election. 6. NUMBER OF UNDELIVERABLE BALLOTS: See information in part 4 above. Please note that of the 12,389 ballots voted, 6060 (45.5%) were returned in the first two weeks of the election. 2499 (20.2%) were returned in the last 7 days prior to the election. While a majority of voters return their ballots by mail, many still chose to physically Y hand carry in their voted ballot to place in the ballot box located at the Oro Valley Town Hall. IfY ou have further questions, please contact Pima County Chief Deputy Recorder/Registrar of Voters Chris Roads at (520)740-4340 for more details on this process. SUMMARY: As t he Election Official for the Town of Oro Valley, I find that "stand-alone" ballot by mail elections are more expensive than"polling place" elections that are combined with a Pima CountyElection. However, the cost is about the same if the ballot by mail election and thegp n ollilace election is only for Oro Valley and not combined with a Pima p County Election. We traditionallyhave a higher voter turn-out when the election is Cou y conducted by mail and our voters like the convenience of voting by mail. The receipt of the Oro Valley V lle Election results were timely, with the Pima County Division of Elections providing the Town with unofficial results at 8:01 p.m. Election evening. The final certified tabulation of the Returns of the Primary Election was received by Pima County Elections Director Brad R. Nelson on Thursday, March 16, 2006. With the assistance of the Pima County Recorder and Division of Elections, I am voting to makingthe process in Oro Valley as convenient and easy as possible committedo for our voters and my goal is to see our voter turn-out rise above 50%, which we achieved during our March 14, 2006 Primary Election with a turn-out of 53.60%. Sincerely, tCt{4t,cJce- Kathryn E. Cuvelier, CMC Town Clerk Town of Oro Valley, Arizona C: Mayor & Town Council Town Manager RESOLUTION NO. (R)07- 112 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF ORO VALLEY, PIMA COUNTY, ARIZONA, AUTHORIZING THE TOWN CLERK TO CONDUCT THE PRIMARY ELECTION ON MARCH 11, 2008 AND THE GENERAL ELECTION ON MAY 20, 2008 AS A BALLOT- BY-MAIL ELECTION PURSUANT TO ARS 16-409(B) WHEREAS, Towns have the option, pursuant to ARS 16-409(A) to conduct any elections with Mail Ballots on the approved consolidated election dates; and WHEREAS, evidence shows mail balloting yields higher voter participation; and WHEREAS. evidence shows that mail ballots delivered by the United States Postal Service remain secure and confidential; and WHEREAS. to protect against voter fraud, the Pima County Recorder's Office individually matches every voter signature affixed to each returned ballot envelope against the voter's signature on file from his or her voter registration form; and WHEREAS, the database maintained by the Pima County Recorder's Office makes it impossible for a voter to vote more than one ballot. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Town Council of the Town of Oro Valley, Arizona, as follows: SECTION 1. The Town Clerk is authorized to conduct "Ballot-By-Mail" elections for the Primary Election to be held on March 11, 2008 and the General Election to be held on May 20, 2008, in accordance with ARS Title 16. The ballots shall be mailed to each registered voter in the Town of Oro Valley on the 33rd day prior to the Election. SECTION 2. The Town of Oro Valley, Arizona through adoption of this resolution agrees that the Town will pay postage for return of voted ballots by U.S. Mail during "Ballot-By-Mail" elections. PASSED, APPROVED AND ADOPTED by the Mayor and Council of the Town of Oro Valley, Arizona this 17th day of October 2007. Paul H. Loomis, Mayor ATTEST: APPROVED AS TO FORM: Kathryn E. Cuvelier, Town Clerk Acting Town Attorney RESOLUCION NO. (R)07- 112 UNA RESOLUCION DEL CONSEJO DEL PUEBLO DE ORO VALLEY,CONDADO DE PIMA, ARIZONA,AUTHORIZANDO A LA SECRETARIA DEL PUEBLO A CONDUCIR LAS ELECCIONES PRIMARIAS EN MARZO 11,2008 Y DEL 20 DE MAYO DEL 2008 COMO UNA ELECCION DE BALOTA POR CORREO DE ACUERDO AL ESTATUTO 16-409(B) VISTO QUE, Pueblos tienen la opciOn, de acuerdo al estatuto 16-409(A)de conducir Elecciones con Balotas por correo en los dias de elecciones consolidadas aprobadas;y VISTO QUE, evidencia demuestra que balotas por correo resulta en una participaciOn mayor de votantes;y VISTO QUE, evidencia demuestra que balotas enviadas a traves del servicio postal de los Estados Unidos se mantiene seguro y confidencial;y VISTO QUE, para proteger contra fraude, la oficina del Registro de Votante del Condado de Pima individualmente compara cada firma del votante afijita a cada balota regresada contra la firma del votante en archivo del formulario del registro del votante;y VISTO QUE, la base de datos mantenida por la oficina Registro del Votante del Condado de Pima hace imposible que un votante vote mas de una balota. AHORA, SEA RESUELTO por el Alcalde y Consejo del Pueblo de Oro Valley, Arizona, como sigue: SECTION 1. La Secretaria del Pueblo esta autorizada para conducir elecciones"Balota por Correo" para las Elecciones Primarias que seran llevadas a cabo en Marzo 11 del 2008 y del 20 de Mayo del 2008, en acuerdo con Estatuto Titulo 16. Las balotas deben ser enviadas a cada votante registrado en el pueblo de oro Valley en el 33 dia antes de la Elecciones. SECTION 2. EL Pueblo de Oro Valley, Arizona a traves de la implementacion de esta resoluciOn acuerda que el Pueblo va a pagar el costo del envio de las balotas por correo durante las elecciones a traves del servicio postal de los Estados Unidos. APROBADO Y ADOPTADO por el Alcalde y Consejo del Pueblo de Oro Valley, Arizona este dia 17 de octubre del 2007. Paul H. Loomis, Alcalde ATESTADO: APROBADO: Kathryn E. Cuvelier, Secretaria Abogada • TOWN OF ORO VALLEY 1160,OUNCIL COMMUNICATION MEETING DATE: OCTOBER 17,2007 TO: HONORABLE MAYOR AND COUNCIL FROM: DANIEL G. SHARP,CHIEF OF POLICE SUBJECT: RESOLUTION(R)07- 113 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 17—HT-17-07-1712)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$99,186.00 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 from October 1, 2007 and will terminate on September 30, 2008. FISCAL IMPACT: I'2007/2008 budget= $99,186.00 ATTACHMENTS: 1. Resolution No. (R)07-113 2. Three(3)originals of the Agreement HT 17-07-1712(HIDTA Cycle 17—C.N.A.)for signatures. RECOMMENDATIONS: Acceptance is recommended. SUGGESTED MOTION: I move that Resolution No. (R) 07-113 be adopted. Daniel G. S arp, C ief o Police .(41/111:11 David L. Andrews, Town Manager RESOLUTION NO. (R) 07- 113 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 laws of the State of p Arizona; 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, 2006 through September 30, 2008; 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 TOWN COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA AS FOLLOWS: 1. That 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 for the Pima County / Tucson Metropolitan Counter Narcotics Alliance (CNA) is hereby approved. 2. That the Mayor of the Town of Oro Valley, 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. l.cg.il sh;ucliics'Police\Grant Agrecmcnts\ACJS-CNA(HIDTA)\Resolution for CNA Grant Agreement.doc Toon of Oro Valley Attorney's Office/ch/091)407 PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona, this 17th day of October , 2007. TOWN OF ORO VALLEY, ARIZONA Paul H. Loomis, Mayor ATTEST: APPROVED AS TO FORM: Kathryn E. Cuvelier, Town Clerk Melinda Garrahan, Town Attorney Date Date 'void-gad Page 2 of 2 ARIZONA CRIMINAL JUSTICE COMMISSION r: ' 7. HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA) ;:�',� �f GRANT AGREEMENT 19? AOC Grant Number HT17-07-1712 This Grant Agreement is made this 1sT day of October, 2006, 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 (6)(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, 2006 and terminate on September 30, 2008. 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. Z. 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 HT17-07-1712 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 $79,989.00 Fringe Benefits $19,197.00 Overtime Not Approved Services Not Approved Travel Not Approved Facilities Not Approved Equipment Not Approved Supplies Not Approved Other Not Approved TOTAL $99,186.00 Equipment: None. Personnel Funded: 2-FTE Officer 6. It is agreed and understood that the total to be paid by the COMMISSION under this Agreement shall not exceed $99,186.00 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.gov/omb/circulars/index.html High Intensity Drug Trafficking Area Grant Number HT17-07-1712 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/omblcirculars/index.htrnl 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 CircularA-133 http://www.whitehouse.govlomb/circulars/index.html High Intensity Drug Trafficking Area Grant Number HT17-07-1712 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 20 April 1 - 30 May 20 November 1 - 30 December 20 May 1 - 31 June 20 December 1 - 31 January 20 June 1 - 30 July 20 January 1 - 31 February 20 July 1 - 31 August 20 February 1 - 29 March 20 August 1 - 31 September 20 March 1 - 30 April 20 September 1 - 30 October 20 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 HT17-07-1712 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 HT17-07-1712 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. 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. r High Intensity Drug Trafficking Area Grant Number HT17-07-1712 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 HT17--07-1712 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 T1�, t. ê'. .jYo ARIZONA CRIMINAL JUSTICE COMMISSION • i: '- -;� % GRANT AGREEMENT ...,,t. i. x;982 " 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. • K 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. r. ARIZONA CRIMINAL JUSTICE COMMISSION .r rr z• �=�'� TRAFFICKING AREA (HIDTA)HIGH INTENSITY DRUG TRA C GRANT AGREEMENT 1482 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: HT17-07-1712 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. r 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 to ee 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 g except for review bya management official or the handling agent, and should be returnedp rior 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. Currentp hotograph 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 Allp ersons 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 p 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. *by 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 law 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 ofgoods,household 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. y 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 ofpaY ments to informants is critical and should be accomplished on a Informant Payee Receipt. Payment should be made and witnessed by two law Y p 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 accountingand control procedures should govern the use and handling of p confidential expenditures, as described below: 1. It is important that expenditures which conceptually should be charged to PE/PI/PS p are so charged. It is onlyin this manner that these funds may be properly managed 9 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 q up a predetermined redetermined 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 p 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 OUNCIL COMMUNICATION MEETING DATE: OCTOBER 17,2007 TO: HONORABLE MAYOR AND COUNCIL FROM: DANIEL G. SHARP,CHIEF OF POLICE SUBJECT: RESOLUTION(R)07- 114 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 17—HT-17-07-1610) 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 $63,079.00 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 from October 1, 2007 and will terminate on September 30, 2008. FISCAL IMPACT: Y 2007/2008 budget= $63,079.00 ATTACHMENTS: 1. Resolution No. (R)07-114 2. Three(3)originals of the Agreement HT 17-07-1610 (HIDTA Cycle 17—PCHITF) for signatures. RECOMMENDATIONS: Acceptance is recommended. SUGGESTED MOTION: I move that Resolution No. (R) 07-114 be adopted. /),-- A Daniel G. Sharp, Chie f Police David L. Andrews, Town Manager RESOLUTION NO. (R) 07- 114 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 laws of the State of Arizona; 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, 2006 through kir, September 30, 2008; 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 TOWN COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA AS FOLLOWS: 1. That 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 for the Pima County HIDTA Investigative Task Force (PCHITF) is hereby approved. 2. That the Mayor of the Town of Oro Valley, 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. Legal\sharcftics\Policc\Grant Agrccmcnts\ACJS-PCHITF(H1DTA)\Resolution for PCHITF Grant Agreement.doc Town of Oro Valley Attorney's Office:ch r 090407 PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona, this 17th day of October 2007. TOWN OF ORO VALLEY, ARIZONA Paul H. Loomis, Mayor ATTEST: APPROVED AS TO FORM: Kathryn E. Cuvelier, Town Clerk Melinda Garrahan, Town Attorney Date Date Page 2 of 2 *4 J[.'.S r'( ARIZONA CRIMINAL JUSTICE COMMISSION HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA) GRANT AGREEMENT AOC Grant Number HT17-07-1610 This Grant Agreement is made this 1sT day of October, 2006, 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, 2006 and terminate on September 30, 2008. 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 HT17-07-1610 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 $40,830.00 Fringe Benefits $12,249.00 Overtime $10,000.00 Services Not Approved Travel Not Approved Facilities Not Approved Equipment Not Approved Supplies Not Approved Other Not Approved TOTAL $63,079.00 Equipment: None. Personnel Funded: 1-FTE Officer 6. It is agreed and understood that the total to be paid by the COMMISSION under this Agreement shall not exceed $63,079.00 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.gov/omb/circulars/index.html High Intensity Drug Trafficking Area Grant Number HT17-07-1610 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.gov/omb/circulars/index.html n High Intensity Drug Trafficking Area Grant Number HT17-07-1610 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 20 April 1 - 30 May 20 November 1 - 30 December 20 May 1 - 31 June 20 December 1 - 31 January 20 June 1 - 30 July 20 January 1 - 31 February 20 July 1 - 31 August 20 February 1 - 29 March 20 August 1 - 31 September 20 March 1 - 30 April 20 September 1 - 30 October 20 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 HT17-07-1610 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 HT17-07-1610 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. 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 HT17-07-1610 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 HT17-07-1610 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 JC'Sr� •� .1" ARIZONA CRIMINAL JUSTICE COMMISSION z: - GRANT AGREEMENT y ` 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. .0.1.JL!1. - ARIZONA CRIMINAL JUSTICE COMMISSION HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA) GRANT AGREEMENT 1982 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: HT1 -07-1610 Date: Signature: Authorized Official PROCEDURES Each project agency authorized to disburse confidential funds must develop and follow internal procedures which incorporate the following elements: moor 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 returnedp rior 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 Nor 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 of household goods, and living expense at the new location for a specific storage 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 ofpaY ments to informants is critical and should be accomplished on a Informant Payee Receipt. Payment should be made and witnessed by two law Y p 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 '40) Special accountingand control procedures should govern the use and handling of p confidential expenditures, as described below: 1. It is important that expenditures which conceptually should be charged to PE/PI/PS p are so charged. It is onlyin this manner that these funds may be properly managed 9 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 q 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. Now 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 Page 1 of 3 7OUNCIL COMMUNICATION MEETING DATE: October 17, 2007 TO: HONORABLE MAYOR AND COUNCIL FROM: JOSE RODRIGUEZ, P.E., ENGINEERING DIVISION MANAGER SUBJECT: RESOLUTION (R) 07 - 115 A Resolution of the Mayor and Council of the Town of Oro Valley, authorizing the Town to enter into an Intergovernmental Agreement ("IGA") with the Regional Transportation Authority of Pima County for construction funds in the amount of $670,000.00 for the Glover Road/La Cholla Boulevard Intersection Improvement Project No. OV 30 04/05 03. SUMMARY: In September 2005, the Richard B. Wilson Elementary and Middle School (Wilson School) Parents Teachers Organization (PTO) contacted Public Works to request improvements at the Glover Road/La Cholla Boulevard Intersection located approximately one-third mile east of the school. The PTO concerns were congestion and traffic control issues as well as the safety of the elementary grade students walking to and from Wilson School. In the Spring 2005, the Town contracted with Kittelson & Associates to perform a Signal Warrant Study at the intersection of Glover Road/La Cholla Boulevard. The Study concluded that a traffic signal is warranted at this location. 'ublic Works staff met with the Wilson School PTO in April 2006, to discuss the findings of the Study. The PTO was also informed that as an interim measure, the Department of Public Works installed an advanced school crossing warning flasher to reduce speeds and alert motorists of the school crossing. In February 2006, the Town negotiated a contract with Kittelson & Associates, Inc. for the design of the traffic signal and intersection improvements. The Regional Transportation Authority of Pima County (the "RTA") has approved construction funds in the amount of$670,000.00 under the RTA Safety Element Plan—Intersection Safety Improvement Projects. The RTA was approved by Pima County voters on May 16, 2006. In order to receive the construction funds for the Glover Road/La Cholla Boulevard Intersection Improvement Project, an Intergovernmental Agreement (IGA) must be executed between the Town and the RTA. Hence this IGA is entered into by and between the RTA and the Town of Oro Valley pursuant to A.R.S. §11-951 through 11-954 for construction funds in the amount of$670,000.00. The project consists of installing a traffic signal, left turn lanes on the north and south legs of the intersection and crosswalks. This improvement will provide a safer circulation for vehicles and pedestrians. The Town's contribution for this project is $82,591 for design and $46,300 forJ ro'ect/construction management. The Town p will be responsible for the ongoing maintenance and repairs of the intersection upon completion. TOWN OF ORO VALLEY Page 2 of 3 COUNCIL COMMUNICATION MEETING DATE: October 17, 2007 Public Works staff will have an open-house meeting with nearby residents and the general public late October or early November 2007. This project will be advertised for construction in October 2007 and start construction in January 2008 (tentatively). Public Works will submit a separate Council Communication to award the construction contract. FISCAL IMPACT: The estimated total project cost is $798,891.00. TOWN RTA In-House Staff Costs TWDIF Project Management $9,750.00 Consultant Fee for Design $4,050.00 $80,991.00 Public Outreach $ 1,600.00 Construction $32,500.00 $670,000.00 Total * $46,300.00 $82,591.00 $670,000.00 * Town's contribution based on staff salaries and soft costs ATTACHMENTS: 1. Resolution (R) 07- 115 2. Intergovernmental Agreement between the Regional Transportation Authority of Pima County and the Town of Oro Valley for construction funds for the Glove Road/La Cholla Boulevard Intersection Improvements Project No. OV 30 04/05 03. (Exhibit A) SUGGESTED MOTIONS: The Town may wish to consider one of the following motions. move to approve Resolution (R) 07 - 115 authorizing the Town of Oro Valley to enter into an I pp Intergovernmental Agreementwith the Regional Transportation Authority of Pima County for construction funds in the amount of $670,000.00 for the Glover Road/La Cholla Boulevard Intersection Improvements Project No. OV 30 04/05 03. Or denyResolution (R) 07 - 115 authorizing the Town of Oro Valley to enter into an Intergovernmental I move to Agreement ("IGA") with the Re ional Transportation Authority of Pima County for the construction funds in g the amount of $670,000.00 for the Glover Road/La Cholla Boulevard Intersection Improvements Project No. OV 30 04/05 03. TOWN OF ORO VALLEY Page 3 of 3 ':OUNCIL COMMUNICATION MEETING DATE: October 17, 2007 � r ose riguez, P.E., ',ngi -e 'n. II iv. Mgr. Civalier, P.E. o n Engineer Jer 47,- Watson, Ass'stant Town Manager II avid Andrews, Town Manager RESOLUTION NO. (R) 07- 115 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, AUTHORIZING THE TOWN TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT ("IGA") WITH THE REGIONAL TRANSPORTATION AUTHORITY OF PIMA COUNTY FOR THE CONSTRUCTION FUNDS IN THE AMOUNT OF $670,000.00 FOR THE GLOVER ROAD/LA CHOLLA BOULEVARD INTERSECTION IMPROVEMENT PROJECT NO. OV 30 04/05 03. WHEREAS, the Town of Oro Valley (the "Town") is authorized by Arizona Revised Statutes (A.R.S.) §9-276 to establish and improve construct roads and bridges; and WHEREAS, A.R.S.§ 48-5301, et seq., authorizes the Regional Transportation Authority to act as a regional taxing authority for the purpose of funding multi-modal 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 Town will design, construct and provide maintenance and operational responsibilities for the traffic signal at the intersection of Glover Road and La Cholla Boulevard; and WHEREAS, it is in the best interest of the Town of Oro Valley to enter into an Intergovernmental Agreement, attached hereto as Exhibit "A", with the Regional Transportation Authority of Pima County and that Mayor and Council of the Town of Oro Valley are authorized to approve such Agreement. THEREFORE, BE IT RESOLVED, BY THE MAYOR AND THE TOWN COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA: 1. That the Intergovernmental Agreement, attached hereto as Exhibit "A" and incorporated herein by this reference, by and between the Regional Transportation Authority of Pima County for the construction of Glover Road 1 La Cholla Blvd. Intersection & Signal Improvement. 2. That the Mayor is authorized to execute the agreement on behalf of the Town of Oro Valley. 3. That various Town administrative officials and employees are hereby authorized to take such steps necessary to execute and implement the terms of the Intergovernmental Agreement. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona this 17thday of October , 2007. TOWN OF ORO VALLEY, ARIZONA Paul H. Loomis, Mayor ATTEST: APPROVED AS TO FORM: Kathryn E. Cuvelier, Town Clerk Town Attorney Date Date INTERGOVERNMENTALTRANSPORTATION FUNDING AGREEMENT BETWEEN THE REGIONAL TRANSPORTATION AUTHORITY OF PIMA COUNTY AND Town of Oro Valley FOR DESIGN AND CONSTRUCTION OF IMPROVEMENTS TO Glover Road/La Cholla Blvd Intersection & Signal This Agreement(hereinafter"the Agreement") is entered into by and between the Regional Transportation Authority of Pima County ("RTA" or"the Authority"), a special taxing district formed pursuant to Title 48 Chapter 30 of the Arizona Revised Statutes (A.R.S.), and Town of Oro Valley, a body politic and corporate of the State of Arizona("the Lead Agency")pursuant to A.R.S. § 11-952. RECITALS A. A.R.S.§ 48-5301, et seq., authorizes the Authority to act as a regional taxing authority for the purpose of funding multi-modal 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. B. The governing board of the Authority is composed of representatives of each member of the regional council of governments in accordance with A.R.S. § 48-5303. C. Pursuant to A.R.S. § 48-5304 (12), the governing board of the Authority has sole authority to implement the elements of the Plan. D. Pursuant to A.R.S. § 48-5304 (13), the governing board of the Authority shall coordinate the implementation of the Plan among the local jurisdictions. E. A Regional Transportation Fund was established by the Arizona Legislature per A.R.S. § 48-5307 to be the repository for those funds collected for the purpose of funding the transportation projects identified in the Plan. F. The Authority is authorized by A.R.S. §§ 48-5304 (16) and 48-5308 to administer and distribute the regional transportation funds to the members of the Authority and to sell bonds in furtherance of that purpose to fund those projects or programs identified in the Plan. 1 G. The Lead Agency is authorized by A.R.S. § 9-276_to lay out, maintain, control and public manage roads within the Lead Agency's jurisdictional boundaries. H. The Lead Agency may have a legal contract with one or more jurisdictions within Pima County empowering the Lead Agency to perform roadway and other improvements outside the Lead Agency's jurisdictional boundaries. I. The Lead Agency and the Authority wish to cooperate in the design and construction of improvements to the Lambert Lane/La Cholla Intersection & Signal ("the Project"). J. The Project 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. K. The Authority intends to fund the Project under the terms and conditions contained in this Agreement and has entered into this Agreement for that purpose. L. It is the policy of the Authority to require that a lead agency be identified and an intergovernmental agreement(IGA) be approved and entered into by the Authority and the lead agency before requests for funding reimbursement or payment can be processed by the Authority. M. Town of Oro Valley has been identified as the Lead Agency for the Project and will be responsible for all aspects of project implementation including, but not limited to, planning, project management, risk management, design, right of way acquisition and construction, advertisement, award, execution and administration of the design and construction contracts for the Project. N. The RTA's Administrative Code will control all payments and other procedures unless otherwise specified herein. O. The Authority and the Lead Agency may contract for services and enter into agreements with one another for joint and cooperative action pursuant to A.R.S. § 11-951, et seq. NOW, THEREFORE,the Town of Oro Valley and Authority, pursuant to the above and in consideration of the matters and things set forth herein, do mutually agree as follows: AGREEMENT 1. Purpose. The purpose of this Agreement is to set forth the responsibilities of the parties for the design, construction, maintenance and operation of the Project and to address the legal and administrative matters among the parties. 2. Project. The Project consists of Intersection Safety Improvements, as more fully depicted in the attached Exhibit A, including the following: a) Detailed project scope and schedule. jo 2 b) Project budget and cost breakdown of items eligible for reimbursement by the Authority la ,. including any proposed billing of staff time directly attributable to Project. c) Total amount of RTA funding allowed for the Project plus a breakdown of any other regional, local, federal or state funding available. d) Designation of Project phases, if applicable, and any additional related agreements. e) Estimated construction start date and duration of construction. f) Projected cost reimbursement timeline. g) Identification of the Lead Agency's duly authorized representative for signing and submitting payment requests. 3. Effective Date; Term. This Agreement shall become effective upon filing a fully executed original with the office of the Pima County Recorder and shall continue in effect until all improvements constructed pursuant to this Agreement are completed, all eligible reimbursement payments to the Lead Agency are concluded, and all warranties applicable to the Project have expired. 4. Responsibilities of the Lead Agency. a. The Lead Agency shall be responsible for the design, construction and/or installation of the Project in accordance with this Agreement and all applicable public roadway, traffic signal, and street lighting design and construction standards. Design Standards are federal, state, county or municipal standards for engineering, traffic, safety or public works facilities design. Examples of Design Standards include the American Association of State Highway and Transportation Officials and Federal Highway Administration standards for highway engineering and construction, the Pima County/City of Tucson Standard Specifications for Public Improvements, the Pima County Roadway Design Manual, October 2002 revision,the Pima County Department of Transportation/City of Tucson Department of Transportation Pavement Marking Design Manual, and Pima County and municipal design guidelines for roadway lane widths and level of drainage protection. b. If consultants or contractors are employed to perform any portion of the Project, the Lead Agency shall be responsible for the contracts for design and construction of the Project and shall select the consultants and contractors to be used on the Project. The Lead Agency shall immediately provide to the Authority copies of any and all contract documents and related materials upon request by the Authority. The Lead Agency shall retain the usual rights of the owner of a public contract including the authority to approve changes and make payments. However, any changes to the Project which would result in the final project cost deviating, by ten or more percent, from the Authority's budget amount for the Project, must be approved by the Authority in advance of those changes being made, regardless of the fact that the Authority may not be paying for them. c. The Lead Agency shall be responsible for all traffic management, including public notification, during construction of the Project. • 3 d. The Lead Agency shall operate and maintain the improvements during and after completion of construction. e. The final cost of the Project shall be that amount necessary to complete the Project including any unanticipated work incorporated into the Project by change orders and amendments executed by the Lead Agency. The Lead Agency shall be responsible for all Project costs in excess of the RTA funds contributed to the Project. f. The Lead Agency shall exercise its power of eminent domain, if necessary, to acquire property needed for the Project. g. The Lead Agency will be responsible for assuming all risks associated with the Project except those that are assigned to another agency or jurisdiction that has agreed to that assumption. h. The Lead Agency shall require its contractors performing any portion of the Project to name the Authority as additional insured and additional indemnitee in all of the Lead Agency's construction contracts for the Project. The Lead Agency shall also require its contractors to name the Authority as an additional beneficiary in any performance and payment related assurances posted for the Project. i. The Lead Agency shall be responsible for preparing and submitting to the Authority, within the first week of each month or as otherwise specified herein, invoices for payment signed by a duly authorized representative of the Lead Agency and which include sufficient background information documenting payments made to contractors, vendors or any other eligible costs identified in this Agreement or the RTA's Administrative Code. The Lead Agency must retain and certify all vendor receipts, invoices and any related Project records as needed and ensure that they are available for review for a minimum of five (5) years after final payment is made unless otherwise specified herein. j. The Lead Agency shall be responsible for submitting a status report describing its progress and adherence to the Project scope, schedule and budget with each request for payment. 5. Responsibilities of Authority. a. Upon receipt of authorized payment requests, the Authority shall convey to the Lead Agency RTA funds in the amount specified in Exhibit A on a reimbursement basis unless otherwise specified herein. All payments and reimbursements shall follow the policies outlined in the RTA's Administrative Code. b. Reimbursements will generally be based on the Project schedules established by the Lead Agency and contained in Exhibit A. j1/ 4 c. The RTA staff will review all payment requests to confirm that the request is for reimbursement of costs incurred by the Lead Agency for the Project. If the Authority determines that additional information is needed, the Lead agency will be notified of g Y the request for additional information within five days of the receipt of the invoice by RTA. d. Upon approval of the request by RTA, the invoice will be processed for payment within ten working days of the invoice submittal. e. RTA shall provide all necessary cooperation and assistance to its fiscal agent to process all payment requests from the Lead Agency. 6. Termination. Either party may terminate this Agreement for material breach of the Agreement by the other party. Prior to any termination under this paragraph, the party allegedly in default shall be given written notice by the other party of the nature of the alleged default. The party said to be in default shall have forty-five days to cure the default. If the default is not cured within that time, the other party may terminate this Agreement. Any such termination shall not relieve either party from liabilities or costs already incurred under this Agreement. 7. Non-assignment. Neither party to this Agreement shall assign its rights under this Agreement to any other party without written permission from the other party to this Agreement. 8. Construction of Agreement. a. Entire agreement. This instrument constitutes the entire agreement between the parties pertaining to the subject matter hereof, and all prior or contemporaneous agreements and understandings, oral or written, are hereby superseded and merged herein. Any exhibits to this Agreement are incorporated herein by this reference. b. Amendment. This Agreement may be modified, amended, altered or changed only by written agreement signed by both parties. c. Construction and interpretation. All provisions of this Agreement shall be construed to be consistent with the intention of the parties as expressed in the Recitals hereof. d. Captions and headings. The headings used in this Agreement are for convenience only and are not intended to affect the meaning of any provision of this Agreement. e. Severability. In the event that any provision of this Agreement or the application thereof is declared invalid or void by statute or judicial decision, such action shall have no effect on other provisions and their application, which can be given effect without the invalid or void provision or application, and to this extent the provisions of the Agreement are severable. In the event that any provision of this Agreement is declared invalid or void, the parties agree to meet promptly upon request of the other party in an attempt to reach an agreement on a substitute provision. 410 5 f. This Agreement is subject to the provisions of A.R.S. § 38-511. 9. Ownership Improvements.Im rovements. Ownership and title to all materials, equipment and appurtenances installed pursuant to this Agreement shall automatically vest in the Lead Agency pp upon completion of the Project. 10. Legal Jurisdiction. Nothing in this Agreement shall be construed as either limiting or extending the legal jurisdiction of the Lead Agency or the Authority. 11. No Joint Venture. It is not intended by this Agreement to, and nothing contained in this Agreement shall be construed to, create any partnership,joint venture or employment relationship parties between the or create any employer-employee relationship between the Lead Agency and anyAuthorityemployees, or between Authority and any Lead Agency employees. g Y Neither party shall be liable for any debts, accounts, obligations nor other liabilities whatsoever of the other, including (without limitation)the other party's obligation to withhold Social Security and income taxes for itself or any of its employees. 12. No Third Party Beneficiaries. Nothing in the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not parties to this Agreement or affect the legal liabilityof either partyto the Agreement by imposing any standard of care different from g the standard of care imposed by law. 13. Compliance with Laws. The parties shall comply with all applicable federal, state and local laws, rules, regulations, standards and executive orders, without limitation to those designated within this Agreement. a. Anti-Discrimination. The provisions of A.R.S. ' 41-1463 and Executive Order Number 99-4 issued by the Governor of the State of Arizona are incorporated by this reference as a part of this Agreement. b. Americans with Disabilities Act. This Agreement is subject to all applicable provisions of the Americans with Disabilities Act(Public Law 101-336, 42 U.S.C. 12101-12213) and all applicable federal regulations under the Act, including 28 CFR Parts 35 and 36. c. Workers' Compensation. An employee of either party shall be deemed to be an "employee" of both public agencies, while performing pursuant to this Agreement, for purposes ses of A.R.S. ' 23-1022 and the Arizona Workers' Compensation laws. The primary employer shall be solely liable for any workers' compensation benefits, which mayaccrue. Each party shall post a notice pursuant to the provisions of A.R.S. ' 23-906 in substantially the following form: All employees are hereby further notified that they may be required to work under the jurisdiction or control or within the jurisdictional boundaries of another public agency pursuant to an intergovernmental agreement or contract, and under such circumstances they are deemed by the laws of Arizona to be employees of both public agencies for the 6 purposes of workers' compensation. 14. Waiver. Waiver by either party of any breach of any term, covenant or condition herein contained shall not be deemed a waiver of any other term, covenant or condition, or any subsequent breach of the same or any other term, covenant, or condition herein contained. 110 • 7 15. Force Majeure. A party shall not be in default under this Agreement if it does not fulfill any of its obligations under this A eement because it is prevented or delayed in doing so by reason of uncontrollable forces. The term"uncontrollable forces" shall mean, for the purpose of this Agreement, any cause beyond the control of the party affected, including but not limited to failure of facilities, breakage or accident to machinery or transmission facilities, weather conditions, flood, earthquake, lightnin , fire, epidemic, war, riot, civil disturbance, sabotage, earth quake� li�tng strike, lockout, labor dispute,boycott, material or energy shortage, casualty loss, acts of God, or action or non-action by governmental bodies in approving or failing to act upon applications for approvals or permits which are not due to the negligence or willful action of the parties, order of r or court(excludingorders promulgated by the parties themselves), and any government office declared local, stateemergency,or national emer , which, by exercise of due diligence and foresight, Y 1 not reasonablyhave been expected to avoid. Either party rendered unable to such party could fulfill any obligationsby reason of uncontrollable forces shall exercise due diligence to remove such inability with all reasonable dispatch. 16. Notification. All notices or demands upon any party to this Agreement shall be in writing, unless other forms are designated elsewhere, and shall be delivered in person or sent by mail addressed as follows: The Authority:: Town of Oro Valley: Mr. Gary G.GHayes, Executive Director Craig Civalier, Town Engineer 177 N. Church Avenue, #405 11,000 N. La Canada Drive Tucson, AZ 85701 Oro Valley, Arizona 85737 Town of Oro Valley Town Attorney 11000 N. La Canada Drive Oro Valley, Arizona 85737 Remedies. Either maypursue any remedies provided by law for the breach of this 17. party Agreement.No rightremedy or is intended to be exclusive of any other right or remedy and each shall be cumulative and in addition to anyother right or remedy existing at law or in equity or by virtue of this Agreement. This Agreement may be executed in two or more counterparts, each of 18. Counterparts. which shall be deemed an original, but all of which together shall constitute one and the same instrument. signaturepages The a es from one or more counterpart may be removed from such counterpart and attached to a single instrument. In Witness Whereof, Town of Oro Valley has caused this Agreement to be executed by y Town of Oro Valle upon resolution of the its respective Mayor and Council attested to by the � p the Town Clerk of the Town of Oro Valley, and the Authority has caused this Agreement to be executed by its Chair of the Board. 8 REGIONAL TRANSPORTATION AUTHORITY OF PIMA COUNTY Robert E. Walkup, Board Chair Date Town of Oro Valley: Mayor Paul Loomis Date ATTEST: Kathryn Cuvelier, Town Clerk Date The foregoing Agreement between Town of Oro Valley and the Authority has been approved as to content and is hereby recommended by the undersigned. Mr. Gary Hayes, Executive Director Date ATTORNEY CERTIFICATION The foregoing Agreement by and between the Regional Transportation Authority of Pima County and Town of Oro Valley has been reviewed pursuant to A.R.S. Section 11-952 by the undersigned who have determined that it is in proper form and is within the powers and authority granted under the laws of the State of Arizona to those parties to the Agreement. Regional Transportation Authority of Pima County: Thomas Benavidez, Attorney for the Authority Date Town of Oro Valley: Town Attorney Date 9 EXHIBIT A Construction of Glover Road/La Cholla Intersection Improvement 1. RTA Ballot Project/Program Number: 36 2. RTA Plan Project Element or Program Category: Safety Element 3. TIP Project Number: 157.07 4. Project Name: Glover Road/ La Cholla Intersection Improvement 5. Type of Work (Pre-design, Design, Right-of-way, Construction, other) i. Pre-Design ii. Design iii. Right-of-Way iv. Construction X v. Other 6. Project Manager for Status Reports (Include Contact Information): Jose N. Rodriguez, PE, Engineering Division Manager—Town of Oro Valley Office: 229-4872 Cell: 940-1937 E-Mail:jrodriguezorovalley.flet 7. Authorized representative for signing and submitting payment requests (Include 141) Contact Information) Jose N. Rodriguez, PE, Engineering Division Manager—Town of Oro Valley � vane .net Office: 229-4872 Cell: 940-1937 E-Mail:j rodriguez(a of o y Lynn Garcia, Contract Administrator—Town of Oro Valley Office: 229-4875 E-Mail: Igarcia@orovalley.net 8. Map of Project Limits and Municipal Boundaries: Attached 9. Narrative description of scope of Project, what improvements are included and the intent of the Project(Discuss any problems and how Project addresses same). Project Summary for: Glover Road/ La Cholla Blvd Intersection & Signal Improvements This project consists of installing a traffic signal at the intersection of Glover Road and La Cholla Boulevard. This intersection is heavily congested due to the amount of vehicles along La Cholla Boulevard and is compounded by traffic generated by the Wilson Elementary and Middle School. The new improvements and traffic signal will provide a safer vehicular and pedestrian roadway circulation. The estimated construction start date: January, 2008 The estimated construction completion date: April, 2008 10. Total maximum amount of Authority funding allowed for the Project or Project component under this Agreement. $670,000 11. Total Project cost and breakdown of any other regional, local, federal and/or state funding, if applicable, to meet that cost. RTA funds Local Funds (please specify) $128,891 Impact Fees and HURF Funding 4110 Regional Funds (STP, 12%) Other(please specify) 12. Detailed Project budget and cost breakdown identifying total cost of eligible items sought for reimbursement from the Authority, including any proposed billing of staff time directly attributable to the Project. Estimated Estimated Item In-House Staff Consultant/ Costs Contractor Costs _ Project Management 1.5%of None construction cost= $9,750 Design 5% of Design $80,991 cost= $4,050 Right-of-way acquisition N/A N/A Construction 5% of $670,000 construction cost= $32,500 Design concept reports Environmental studies Bicycle lanes • Pedestrian improvements Utility relocations Estimated Estimated Item In-House Staff Consultant/ Costs Contractor Costs Drainage improvements Noise,privacy, screen wall, and other buffers Environmental mitigation Public Art Public Outreach $1,600 (In-House meetings) Critical wildlife linkages and trails Contingency Other(Specify) Sub Total $47,900 $750,991 Total $798,891 Identification of project phases or components not covered by this Agreement and 13. p J the need for future agreements, if any,to cover those items. N/A 14. Estimated construction start date and duration of construction. Start: January, 2008 Finish: April, 2008 15. Projected cost reimbursement timeline (to be used by Authority for cash flow planning). Reimbursement Submittal Date Estimated Reimbursement Amount October 1, 2006 (Use estimated date of 1st bill) November 1, 2006 December 1, 2006 January 2, 2007 February 1, 2007 March 1, 2007 April 1, 2007 May 1, 2007 June 1, 2007 July 1, 2007 August 1, 2007 _ September 1, 2007 October 1, 2007 November 1, 2007 December 1, 2007 January 2, 2008 February 1, 2008 $100,000 Reimbursement Submittal Date Estimated Reimbursement Amount March 1, 2008 $300,000 April 1, 2008 $200,000 May 1, 2008 $70,000 June 1, 2008 July 1, 2008 August 1, 2008 September 1, 2008 October 1, 2008 November 1, 2008 December 1, 2008 January 2, 2009 February 1, 2009 March 1, 2009 April 1, 2009 May 1, 2009 June 1, 2009 July 1, 2009 August 1, 2009 September 1, 2009 (Provide monthly estimates until completion/final billing) ..7,., , .„,r, ,,,,,,i,,,......._,..,, . ,__, -....4e4,- - K y- i , d,,qq-- rfi ^ : i ' yy . � .. • _ ., ..,,,,• 40:311 it ,...,., '41, 41,7, 4 7,,voir 4.. - '... ,-40,717.-.:;-:;?:'•7'''''' '0,4w.'417'4'C, fi ` �pr t ****1,,y • � j �( 's � F 4R 0 -I a � q � y 'eyef - v. 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A 0 641 ARMS z• ,qGcQvz>: — NC IIIIW ,. *a '''.-:1 } ZQ csIN_, z AGE: _ 1(bU 'YDCD P Se tember 2007 TOWN OF ORO VALLEY Page 1 of 2 7UNCIL COMMUNICATION MEETING DATE: October 17,2007 TO: HONORABLE MAYOR& COUNCIL FROM: Steven Faaborg, Senior Civil Engineering Technician SUBJECT: Resolution(R)07- 116 , A resolution of the Mayor and Council of the Town of Oro Valley, Arizona, approving a perpetual lease in the amount of$128,066.00 to use an additional 100 feet of right-of-way on the south side of, and adjacent to,the existing Tangerine Road right-of-way west of La Cholla Boulevard. SUMMARY: In September of 2004 the Town had under construction a safety improvement project at the intersection of La Cholla Boulevard and Tangerine Road. The project involved the re-alignment of the north leg of La Cholla Boulevard along with widening of both La Cholla Boulevard and Tangerine Road, drainage improvements and signalization of the intersection. During construction it was discovered that the Town had not acquired additional right-of-way along the south side of Tangerine Road west of La Cholla Boulevard. At that time the Town began the process of acquiring the additional right-of-way. An application for right-of- way was submitted to the Arizona State Land Department on September 20, 2004. During the ensuing time period the Town has submitted documentation regarding archaeological clearance of the property as well as documentation of the status of the La Cholla Boulevard right-of-way. Once those were reviewed and approved the application was turned over to the appraisal division. That appraisal took approximately 9 months to mplete. Upon completion of the appraisal the Town has been offered a perpetual lease with a one time payment of$128,066.00. Leases of this type are the standard for the State Land Department as they never actually release ownership of the land in question. FISCAL IMPACT: A one-time lease payment of$128,066.00 to be funded by Pima Association of Governments federal Surface Transportation Program(STP)funds for rights-of-way acquisitions. RECOMMENDATIONS: The Oro Valley Department of Public Works recommends the approval of this lease. ATTACHMENTS: 1)Resolution No. (R)07- 11 2) Proposed lease document with the Arizona State Land Department; 3)Map of proposed lease location. SUGGESTED MOTION: The Council may wish to consider one of the following motions: I move to approve Resolution(R)07- 116 ,A resolution of the Mayor and Council of the Town of Oro Valley, Arizona, approving a perpetual lease in the amount of$128,066.00 to use an additional 100 feet of right-of-way on the south side of and adjacent to the existing Tangerine Road right-of-way west of La Cholla Boulevard. TOWN OF ORO VALLEY Page 2 of 2 COUNCIL COMMUNICATION MEETING DATE: October 17, 2007 OR I move to deny Resolution(R)07- 116 , A resolution of the Mayor and Council of the Town of Oro Valley, Arizona, approving a perpetual lease in the amount of$128,066.00 t e se an additional 100 feet of right-of-way on the south side of and adjacent to the existing Tangerine Roa• ght-%f--way west of La Cholla Boulevard. ,4i< Crai: Civali; ,P.E.,Town Engineer Je e Watson,Assistant Town Manager Davi Andrews, Town M ger RESOLUTION NO. (R)07- 116 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, APPROVING A PERPETUAL LEASE IN THE AMOUNT OF $128,066.00 TO USE AN ADDITIONAL 100 FEET OF RIGHT-OF-WAY ON THE SOUTH SIDE OF, AND ADJACENT TO, THE EXISTING TANGERINE ROAD RIGHT-OF-WAY WEST OF LA CHOLLA BOULEVARD. WHEREAS, The Town of Oro Valley ("Town") desires to acquire additional right-of-way along Tangerine Road to reach the ultimate 300 foot right-of-way for future expansion; and WHEREAS, ap ortion of that proposed right-of-way is presently owned by the Arizona State Land Department; and WHEREAS,The Town has submitted an application to acquire the right-of-way; and WHEREAS, The Arizona State Land Department leases land rather than relinquishing ownership of the land; and WHEREAS, The Arizona State Land Department has offered a perpetual lease for a one-time payment of$128,066.00; and gio WHEREAS, Funding for the right-of-way is available from the Pima Association of Governments STPX funds; NOW THEREFORE BE IT RESOLVED by the Mayor and Town Council of the Town of Oro Valley, Arizona: That the Town of Oro Valley approves the perpetual lease with the Arizona State Land Department with a one-time lease payment of$128,066.00 to use an additional 100 feet of right-of-way on the south side of, and adjacent to, the existing Tangerine Road right-of-way west of La Cholla Boulevard.. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona this 17 day of October, 2007. TOWN OF ORO VALLEY,ARIZONA Paul H. Loomis, Mayor Date ATTEST: APPROVED AS TO FORM: Kathryn E. Cuvelier,Town Clerk Melinda Garrahan, Town Attorney Date Date • STATE LAND DEPARTMENT STATE OF ARIZONA Right of Way R/W No. 16-108452 THIS RIGHT OF WAY ("Right of Way") is entered into by and between the State of Arizona (as "Grantor") by and through the Arizona State Land Department and THE TOWN OF ORO VALLEY ("Grantee"). In consideration of payment and performance by the parties of each of the provisions set forth herein, the parties agree as follows: EXTENT OF DOCUMENT "Additional Conditions", "Exhibits", and "Appendixes" are an integral part of this 111110 document. In case of a conflict between the printed boiler document and the additional conditions, exhibits, or appendixes, the applicable additional condition, exhibit, or appendix shall be considered the governing document and supersede the printed boiler, but only to the extent necessary to implement the additional condition, exhibit, or appendix, and only if the additional condition, exhibit, or appendix does not conflict with governing state or federal law. ARTICLE 1 SUBJECT LAND 1.1 Grantor grants to Grantee a Right of Way on, over, through, and across the State lands described in Appendix A attached hereto ("Subject Land"). 1.2 Grantee makes use of the Subject Land "as is", and Grantor makes no express or implied warranties as to the physical condition of the Subject Land. ARTICLE 2 TERM 2.1 The term of this Right of Way commences on May 7, 2007 ("Commencement Date"), and runs for a perpetual term ("Expiration Date"), unless sooner canceled or terminated as provided herein or as provided by law. State/Fed/Political Sub/ADOT/FC R/W 12/05 Rev.7/06 1 I f Way, and to trim, cut, and clear away trees or brush whenever in its judgment the same shall be necessary for the convenient and safe exercise of the right herein provided. 4.10 Grantee shall not fence any portion of this Right of Way unless specifically authorized in the attached additional conditions without prior written consent of Grantor, nor shall Grantee exclude from the use of the surface thereof the State of Arizona or its lessees or grantees as reserved in Paragraph 10.1. ARTICLE 5 CONFORMITY TO LAW 5.1 This Right of Way is subject to applicable laws and covenants relating to State lands. ARTICLE 6 CANCELLATION, TERMINATION AND ABANDONMENT 6.1 This Right of Way is subject to cancellation pursuant to A.R.S. § 38-511. 6.2 If at any time the Right of Way ceases to be used for the purpose for which it was granted, it shall become void, and the right to use the Subject Land and all the rights of Grantee hereunder shall revert to the Grantor. 6.3 Upon revocation or termination of the Right of Way, the Grantee shall remove all equipment or facilities and, so far as is reasonably possible, restore and/or rehabilitate the Subject Land to its original condition, and to the satisfaction of the Commissioner. ARTICLE 7 INDEMNITY 7.1 This provision is pursuant to the July 12, 2000 memorandum issued by the Risk Management Section of the Arizona Department of Administration applicable to all political subdivisions of the State. 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 attorneys' 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 caused by the act, omission, negligence, misconduct, or fault of the indemnitor, its officers, officials, agents, employees, or volunteers. State/Fed/Political Sub/ADOT/FC R/W 12/05 Rev.7/06 3 3 ' 10.3 Prior to surface disturbance, the Grantee hereof shall provide evidence of archaeological clearance to the Grantor. Archaeological surveys and site mitigation must be conducted in accordance with rules and regulations promulgated by the Director, Arizona State Museum. In the event additional archaeological resources are detected by Grantee after receipt of archaeological clearance, all work shall cease and notification shall be given to the Director, Arizona State Museum, and Grantor. ARTICLE 11 GRANTEE SHALL PROTECT AND RESTORE THE SUBJECT LAND 11.1 Grantee shall be required, upon completion of Right of Way construction, to make such rehabilitation measures on the State lands, including but not limited to restoration of the surface, revegetation, and fencing as determined necessary by the Grantor. 11.2 Grantee shall conduct all construction and maintenance activities in a manner that will minimize disturbance to all land values including, but not limited to vegetation, drainage channels, and streambanks. Construction methods shall be designed g to preventdegradation de radation of soil conditions in areas where such degradation would result in detrimental erosion or subsidence. Grantee shall take such other soil and resource conservation and protection measures on the Subject Land under grant as determined necessary by the Grantor. 11.3 Costs incurred by the Grantee in complying with restoration and rehabilitation requirements, as determined by the Department, on State lands shall be borne by the Grantee. 11.4 Grantee shall conduct its operations on the Subject Land in such a manner as is consistent withg ood environmental practices. Grantee shall exert reasonable efforts to protected avoid damage flora, and restore the surface to its condition prior to the occupancy thereof by Grantee. ARTICLE 12 MISCELLANEOUS 12.1 The described Subject Land shall be used only for the purpose stated in Paragraph 4.1, and as may be further detailed elsewhere in this document. 12.2 This Document is submitted for examination and shall have no binding effect on thep arties unless and until executed by the Grantor (after execution by the Grantee), and until a fully executed copy is delivered to the Grantee. 12.3 In the event of a dispute between the parties to this Right of Way, it is agreed to use arbitration to resolve the dispute, but only to the extent required by A.R.S. § 12- 141110, T/FC R/W 12/05 Rev.7/06 State/Fed/Political Sub/ADO 5 • ADDITIONAL CONDITIONS #16-108452 1. Legal description for this 100' wide public road with underground utilities right- of-way can be found in Exhibit A attached. 2. A portion of 50' wide public road right-of-way ASLD R.O.W. #09-1507 lies between ASLD R.O.W. #16-108452 and the north line of Section 04 Township 12 South Range 13 East (and Tangerine Road). ASLD R.O.W. #09-1507 does NOT include any rights to place overhead or underground utilities within it. Note: The Town of Oro Valley should consider folding its portion of ASLD R.O.W. #09-1507 into ASLD R.O.W. #16-108452. - 6a - ADDITIONAL CONDITION FOR LEGALS EXHIBIT #16-108452 The legal description for this right-of-way is detailed as follows: See EXHIBIT A. Subject to the Arizona State Land Department's (Grantor) rules and policies then in place, and as a result of construction related restrictions, the Grantor and Grantee may agree to modify the legal description for this right-of-way via the Grantee submitting an "as built" or "proposed realignment" legal description, depending on the situation, to the Grantor for the Grantor's review. If approved by the Grantor, and additional acreage is impacted, the Grantee agrees to pay an appraised or pro-rated charge as the Grantor determines is appropriate. No refund shall be made for a reduction in acreage. - 6b - EXHIBIT A LEGAL DESCRIPTION for Tangerine Road Right-of-Way #16-108452 on the South side, Lying West of La Cholla Blvd. LEGAL That portion of Lot 1, Section 4, Township 12 South, Range 13 East, G & S R B & M, Pima County, Arizona, more particularly described as follows: The North 150.00 feet of said Lot 1, EXCEPTING: The North 50.00 feet, thereof, as Right-of-Way for Tangerine Road, recorded in Book 7, Page 83, Road Maps of Pima County; And further EXCEPTING the East 30.00 feet, thereof, as Right-of-Way for La Cholla Boulevard, recorded as McCarty Road in Book 2, Page 38, Road Maps of Pima County, Arizona. Comprising approximately 2.943 acres. 40. 16509 0 G. Q. t „wk -. ,• ARTER s RC►yrs• i E:\0315\02\ROW\100ftAddedROWforTangerine.doc • Exhibit A #16-108452 Page 2 of 2. sigivr ( EXISTING 25' ELECTRICAL EASEMENT EXISTING R/W TANGERINE ROAD I 17/./ Z/IZZ jr-il I/1 A PROPOSED R/W CC STATE OF ARIZONA 224-11-0140 u CD GROSS AREA -31.8 ACRES CO ROW TAKE +2.943 Q NET AREA -28.863 111101 O : Z U ( Q 30' N ' SCALE 1:300 EXHIBIT B Use or alteration of the information in this instrument for other than the SHOWING THE RIGHT-OF-WAY ACQUISITION specific purpose for which it was intended and for other than the client A PORTION OF SECTION 4, TOWNSHIP 12 SOUTH, for whom it was prepared is forbidden unless expressly permitted in writing RANGE 13 EAST, G & SR B &M in advance by R S ENGINEERING INCORPORATED,and R S ENGINEE.SING INCORPORATED shall have no liability to any use of this information without Q TAX PARCEL NO. 2 2 4-11-014 0 their written consent. © R S ENGINEERING TOWN F ® O VALLEY R S ENGINEERING DEPARTMENT OF PUILLIC WO''; KS CONSULTING ENGINEERS O- 2445 NORTH TUCSON BOULEVARD. TUCSON. ARIZONA 85716 15201 791-3933 FAX: (5201 791-9105 TANCENE 0 C-OLLA RLVD. tN0 CiD R S ENGINEER ING INTERSECTION IVDOVEVENTS O LLj en • STATE OF ARIZONA LAND DEPARTMENT RUN DATE 11-MAY-2007 1616 W. ADAMS RUN TIME: 10:24:39 PHOENIX,AZ 85007 APPENDIX A PAGE: 001 KE-LEASE#: 016-108452-00-000 APPTYPE: NEW AMENDMENT#: 0 LAND# LEGAL DESCRIPTION AUS ACREAGE 12.0-S-13.0-E-04-10-031-9005 S 100FT OF N 150FT OF LOT 1 EX E 30FT 0.00 2.940 TOTALS: 0.00 2.940 • IN WITNESS HEREOF, the parties hereto have signed this Right of Way effective the day and year set forth previously herein. STATE OF ARIZONA, GRANTOR Arizona State Land Commissioner vGRANTEE By: Date Authorized Signature •/JJate 'Title (SEAL) Address V Ci Mate Zip p 4101.- State/Fed/Political Sub/ADOT/FC R/W 12/05 Rev.7/06 7 . . GRANTEE'S CERTIFICATE OF CONSTRUCTION ,,,,r+ RIGHT OF WAY NUMBER: NAME OF GRANTEE: DATE ISSUED: PERMITTED USE: LAND DEPARTMENT ADMINISTRATOR: DATE CONSTRUCTION STARTED: DATE COPISTRUCTION COMPLETED: I hereby certify that the facilities authorized by the State Land Commissioner,were actually constructed and tested in accordance with the terms of the grant, in compliance with any required plans and specifications, and applicable Federal and State laws and regulations. Grantee's Signature Date Title Return To: Arizona State Land Department R/W Section 1616 W. Adams Street Phoenix, AZ 85007 State/Fed/Political Sub/ADOT/FC R/W 12/05 Rev.7/06 /7 11 Exhibit A #16-108452 Page 2 of 2. 100 EXISTING 25' ELECTRICAL EASEMENT EXISTING RAY TANGERINE ROAD• _ jj Loi ' Y � Y _ / 7/A.7./. z /--// ../// //. /%2-/ /////// .Z/X PROPOSED RAY ` o t I+i � STATE OF ARIZONA 224-11-0140 ( , GROSS AREA -31.8 ACRES ROW TAKE -2.943 NET AREA -28.863 0 f i Z U Q 30' 0, N ' SCALE 1:300 EXHIBIT B Use or alteration of the information in this instrument for other than the SHOWING THE RIGHT-OF-WAY ACQUISITION specific purpose for which it was intended and for other than the client A PORTION OF SECTION 4 TOWNSHIP 12 SOUTH for whom it was prepared is forbidden unless expressly permitted in writing RANGE 13 EAST G $c S R B 84M in advance by R S ENGINEERING INCORPORATED,and R S ENGINEE2ING INCORPORATED shall have no liability to any use of this information without TAX PARCEL NO. 224-11-0140 their written consent. © R S ENGINEERING TOWN OF ORO VALLEY R S N GI N EERI NG fIEPA ITMENT OF PU . LIC WORKS CONSULTING ENGINEERS O-, 2445 NORTH TUCSON BOULEVARD.TUCSON.ARIZONA 85716 15201 791-3933 F U(: (5201 791-9405 TANGERINE ROAD/LA CHOLLA _LVD. Mo ®RSENRGINEfRINNG INTERSECTION IMPROVEVENTS TOWN OF ORO VALLEY Page 1 of 2 "OUNCIL COMMUNICATION MEETING DATE: 10/17/07 TO: HONORABLE MAYOR AND COUNCIL FROM: DAVID ANDREWS, TOWN MANAGER SUBJECT: RESOLUTION (R) 07- 117 OF THE MAYOR AND TOWN COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, APPROVING MARKETING INTELLIGENCE TO CONDUCT A COMMUNITY SURVEY AND AUTHORIZING THE TOWN MANAGER TO EXECUTE THE CONTRACT WITH MARKETING INTELLIGENCE IN THE AMOUNT OF $17,800.00. SUMMARY: Asart of the recentlyadopted Town Strategic Plan a biennial survey is required to assess community needs, p ap evaluate existing community services, determine community priorities, and determine the community's willingness topayfor services. Specifically, the survey will be used to gauge residents' attitudes, perceptions, g p and levels of satisfaction with Town services. The survey will also be used by Mayor and Council and Town management as a tool to gather opinions on selected issues currently facing the Town. At a studysession held 11, 2007, the Mayor appointed Vice Mayor Dankwerth, Council Member Parish, July nd Council Member Abbott to serve on a community survey subcommittee to evaluate the proposals of potential consultants, as well as help in the creation of the survey instrument. The subcommittee met initially to 1 determine theg oals of the survey effort and outline the scope of work they were requesting from potential consultants. The Town of Oro Valley advertised a Request For Qualifications (RFQ) on July 31, 2007, for professional consultants to complete a community survey and received eight (8) sets of qualifications. The community survey subcommittee chaired by Vice Mayor Dankwerth and with Council Member Carter, replacing Council Member Abbott, evaluated all of the proposals received. After the first round of scoring was complete, three (3) consultants were selected for interviews. The subcommittee held their panel interviews on October 2, 2007 and ultimately selected Marketing Intelligence. The attached resolution accepts the proposal submitted by Marketing Intelligence ence and authorizes the Town Manager to contract with Marketing Intelligence to complete this effort. FISCAL IMPACT: Funding for this project is available in the Communications budget in the amount of$17,800. RECOMMENDATION: Town Manager's staff recommends authorizing the Town Manager to contract with Marketing Intelligence for a community survey through the attached resolution. TOWN OF ORO VALLEY Page 2 of 2 COUNCIL COMMUNICATION MEETING DATE: 10/17/07 ATTACHMENTS: 1. Resolution (R) 07-117 2. Copy of Community Survey RFQ dated July 31, 2007 3. Copy of Proposal submitted by Marketing Intelligence SUGGESTED MOTIONS: The Council may wish to consider one of the following motions: I move to approve Resolution (R) 07- 117 OR I move to deny Resolution (R) 07- 117 /j444,, David Andrews, Town Manager RESOLUTION NO. (R) 07- 117 40 A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, APPROVING MARKETING INTELLIGENCE TO CONDUCT A COMMUNITY SURVEY AND AUTHORIZING THE TOWN MANAGER TO EXECUTE THE CONTRACT WITH MARKETING INTELLIGENCE IN THE AMOUNT OF $17,800.00. WHEREAS, the Town of Oro Valley, is a political subdivision of the State of Arizona vested with all associated p,rights, privileges and benefits and is entitled to the immunities and g g p exemptionsgranted municipalities and political subdivisions under the Constitution and laws of p the State of Arizona and the United States; and WHEREAS, the adopted Town Strategic Plan calls for a community survey to be completed biennially; and WHEREAS, the Town seeks to evaluate residents' attitudes, perceptions, and assess the level of satisfaction with Town services and gather opinions on selected issues currently facing the Town; and WHEREAS, Town submitted Request for Qualifications in order to obtain a list of qualified `"° professional consulting firms to prepare and submit to the Town a proposal for conducting a community survey; and WHEREAS, the Town followed State and Town procurement procedures and selected Marketing Intelligence ence based upon a number of factors, including project understanding, approach, project team qualifications and capabilities; and WHEREAS, it is in the best interest of the Town to enter into this Contract, attached hereto as Exhibit "A", with Marketing Intelligence and that the Mayor and Council authorize and approve the Contract. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Oro Valley, Arizona, that the Contract between the Town of Oro Valley, Arizona, and Marketing Intelligence (attached hereto as Exhibit"A") is hereby approved. NOW THEREFORE, BE IT FURTHER RESOLVED that: 1. The Town Manager is hereby authorized to execute the contract with Marketing Intelligence to conduct a community survey as stated in the Consultant's Proposed Methodology dated August 31, 2007. F:\Tory\Community Survey\Resolution re Column*Survey Contract.doc Town Attorney's Office/eh/100407 2. The Mayor, Town Manager and any other administrative officials of the Town of Oro Valley are hereby authorized to take such steps as necessary to execute and implement the terms of the Contract. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona this 17th day of October , 2007. TOWN OF ORO VALLEY, ARIZONA Paul H. Loomis, Mayor ATTEST: APPROVED AS TO FORM: Kathryn E. Cuvelier, Town Clerk Town Attorney Date: Date: F:\Tory\Community Suney\Resolution re Community Suney Contract.doc Toon Attorney's Office/ch/I00407 41111P Request for Qualifications Town of Oro Valley Community Survey Consultant Scope of Work for Development of a Community Survey Town of Oro Valley Town Manager's Office 'i 11000 North La Canada Drive Oro Valley, Arizona 85737 Telephone: (520) 229-4700 Facsimile: (520) 297-0428 July 31, 2007 REQUEST FOR QUALIFICATIONS FOR TOWN OF ORO VALLEY COMMUNITY SURVEY INTRODUCTION The Town of Oro Valley is seeking proposals from qualified firms for professional services to conduct a mail, telephone, or web-based survey of a random sample of Town residents. The survey is being conducted to provide Mayor and Council and Town management with a tool to evaluate residents' attitudes and perceptions about a variety of services and programs provided as well as to assess the level of satisfaction with these services and gather opinions on selected issues currently facing the Town. In consultation with the selected vendor, the Town will decide on the number of surveys needed to generate a statistically significant sample and whether to proceed with a mail, web or telephone survey. The selected vendor will work with staff and a Council Member subcommittee to determine the questions to be included in the survey. II. PROJECT BACKGROUND AND DESCRIPTION A. Project Background and Description The Town of Oro Valley, population 44,000, has not completed a community survey in some years. As part of the recently adopted Town Strategic Plan, a biannual survey is required to assess community needs, evaluate existing community services, determine community priorities, and determine the community's willingness to pay for services. For its initial survey, the Town would like to create an instrument to provide useful feedback on Town services and priorities that will serve as a baseline in which future changes in public opinion and concerns will be compared. The Town desires a survey with a confidence level of 95% with a standard deviation of +/- 5%. The surveys, whether phone or mail-in, are expected to take between 15-20 minutes to complete. B. Project Goals The Oro Valley Town Council Subcommittee has defined five main questions that they hope to gain more insight into from this initial survey, they are as follows. 1. How do residents define/describe quality of life? 2. How valuable are the services offered? 3. In what areas does the Town succeed? 4. In what areas does the Town fail? 5. Input regarding the future sustainability of the community. 2 III. SCOPE OF REQUIRED SERVICES A. Assist the Town in the review and development of appropriate survey questions based on the Town's desire to establish a survey instrument that can be used as a baseline for future comparisons. Review, comment and recommend changes in wording and/or ordering of survey questions in concert with the established Council Member subcommittee. B. Select a statistically valid and geographically representative sample of residents from the Town of Oro Valley, ensuring that only residents living within the incorporated boundaries of the Town are included. C. Conduct a pretest of the survey (no fewer than 20 complete surveys) to determine any needed changes to the survey instrument to assure the maximum possible response rate and valid responses. D. Conduct a survey of residents, resulting in the number of completed responses determined to be statistically significant by the consultant and agreed upon by the Town. E. Provide to the Town of Oro Valley: 1. A tabulation of the outcome of all survey attempts made during the course of the survey(depending on the survey type: undeliverable surveys, number of refusals,business/disconnected numbers, numbers that were busy or not answered after X attempts, and language and age problems); 2. Provide the town with fifteen(15) draft and thirty(30) final (one master copy on cd) copies of the survey report that includes: • An executive summary. • An analysis of the results. This section should include a verbal discussion of the results as well as graphic illustrations of significant findings. • Frequency distributions of responses to all questions and cross tabulations as specified by the Town. • A description of the sampling and survey methodologies. • Copy of the survey instrument. F. Make three (3) oral presentations on the survey results (Town Management Team, Council Workshop, and Town Council regular meeting). 3 IV. SPECIAL CONSIDERATIONS 4111 A. Project Schedule The Town of Oro Valley has established the following tentative milestones for the project: 1. Draft survey reviewed and developed with Council subcommittee Mid-October 2. Consultant conducts pretest Late October 3. Discuss pretest results; make necessary changes Nov. 5 - 9 4. Consultant begins data collection Nov. 13 5. Consultant completes data collection Dec. 11 6. Consultant delivers draft report Jan. 2 7. Town of Oro Valley staff review/comment on draft summary report Jan 11 8. Consultant delivers final report and survey data Jan 16 V. PROPOSAL REQUIREMENTS A. General 1. The written proposal must include a discussion of the consultant's approach to the project, a breakdown and explanation of project tasks, a proposed project schedule, and documentation of the firm and consultant's qualifications for the scope of work. 2. The proposal should be concise, well organized and demonstrate the consultant's qualifications and experience applicable to the project. Submittal booklets should be bound on the left side and have front and back covers. The submittal pages shall not exceed 8 V2 x 11 inches. Each section should be indexed, i.e. Cover Letter, Firm's Capabilities, etc. All pages shall be printed on one side only. For typewritten pages, the minimum font size is 10, and black ink is preferred. Qualifications should be kept concise, and shall not be more than thirty-five (35) pages including front and back covers. 3. The Consultant shall organize and lead a "kick-off' meeting to include all identified participants in the project. This meeting is intended to verify needs, schedules, and goals of the work to take place. The Consultant shall confirm all targets, meetings, reviews, and deliverables on a master schedule. The Consultant will report to a project manager and project task force. 4. The Consultant shall prepare minutes of all meetings between the Town and the Consultant, for review and approval by the Town. 5. The Consultant shall prepare a Master Project Schedule and Monthly Cash Flow Schedule, encompassing the entire project for review and approval by the Town. The Consultant shall base the initial schedule upon information 4 • developed by the Consultant and provided by the Town. The Consultant shall then be responsible to maintain and update the schedule on a monthly basis during the course of the Project. The Consultant shall submit each schedule revision to the Town for review and approval. B. Contents of the Proposal Proposals submitted in response to this RFQ shall be in the following order and shall include: 1. Introductory Letter The introductory letter should be approximately one (1)page (8 1/2 x 11). The letter shall be on company letterhead including the company name, address, phone number, and fax number. The letter should be addressed to: Town of Oro Valley, ATTN: Town Manager's Department, 11000 North La Canada Drive, Oro Valley, Arizona 85737. The letter shall be signed by an authorized person, and should contain the following: • An expression of the firm's interest in being selected for the contract work. • A statement confirming the commitment of the key personnel and sub- consultants identified in the submittal to the extent necessary to meet the Town of Oro Valley's quality and schedule expectations. • A summary of key points regarding the firm's qualifications. NIP 2. Identification of the Consultant a. Legal name and address of company b. Legal form of company (partnership, corporation, joint venture, etc.). If joint venture, identify the members of the joint venture and provide all information required within this section for each member. c. If company is wholly-owned subsidiary of"parent company." d. Address(es)of office(s) working on this project. e. Name, title, address and telephone number of the person to contact concerning the proposal. 3. Experience and Technical Competence Describe the consultant's experience in completing similar consulting efforts in other municipalities. List three (3) successfully completed projects of a similar nature, with the name of the company and project manager, telephone numbers, and type of work performed. Projects currently being performed may be submitted for consideration. 4. Proposed Method to Accomplish the Work Describe the technical and management approach to the project, specifically, describe how each task described in Scope of Required Services will be executed. Describe the facility to be used to conduct the survey and discuss the techniques 5 to be used to verify survey responses. In regards to telephone surveys, include proposed methodology on number of call backs and time of day calls will be made. An understanding of and ability to comply with the project schedule must be included. Also describe the techniques to be used to determine the geographic location of the respondent and to ensure that only residents living within the incorporated boundaries of the Town of Oro Valley are surveyed. Include, if appropriate, recommendations for ways to more effectively accomplish the goals set forth in this RFQ. 5. Knowledge and Understanding of Local Environment Describe the consultant's experience working in the local environment and proposed local presence for interfacing with the Town's Project Manager and staff. An understanding of local government operations and management decisions that can be assisted using the results of a survey of this type should also be demonstrated. 6. Project Organization and Key Personnel a. Describe the proposed project organization, including identification and responsibilities of key personnel. Indicate the role and responsibility of prime consultants and all sub-consultants. If applicable, indicate how local firms are being utilized to ensure a strong understanding of local laws, ordinances, regulations, policies, requirements and permitting. Indicate the extent of the commitment of key personnel for the duration of the project and furnish resumes of key personnel. Provide an indication of the staffing level for the project. The Town's evaluation of the proposal will consider the consultant's entire team; therefore, no changes in the team composition will be allowed without prior written approval of the Town. Sub-consultant letters of commitment may be required. b. Provide detailed description of the experience of the consultant's project team, including the team's project manager, and other key staff members, on projects of similar size and scope. For each similar project, include the client's name and telephone number. 7. Exceptions to this Request for Proposals The consultant shall certify that it takes no exception(s) to this RFQ, including but not limited to the Town's Standard Professional Services Contract, as attached. If the consultant does take exception(s) to any portion of the RFQ, the specific portion of the RFQ to which exception(s) is taken shall be identified and explained. 8. Addenda to this Request for Proposals The consultant shall confirm in its proposal the receipt of all addenda issued to this RFQ. The consultant is not required to include copies of the actual addenda in its proposal. 6 VI. SUBMITTAL REQUIREMENTS 410 A. Prospective consultants shall submit one (1) original and seven (7) copies of their submittal in sealed envelopes, clearly marked with the name of the RFQ, due date and time, addressed to Ms. Kathi Cuvelier, Town Clerk, Town of Oro Valley, 11000 North La Canada Drive, Oro Valley, Arizona 85737. B. The proposal shall be signed by an individual or individuals authorized to execute legal documents on behalf of the consultant. C. Qualifications shall be delivered or received in the Town Clerk's Office no later than August 31, 2007, at 2:00 p.m. Mountain Standard Time. Any Request for Qualifications received or delivered after the stated deadline will be returned to the applicant unopened. D. Failure to comply with the requirements of the RFQ may result in disqualification. E. Pursuant to the provision of Arizona Revised Statues all information submitted shall be deemed to be public information and shall be made available to the public in accordance with the policies of the Town of Oro Valley, except trade secrets or other proprietary data which shall remain confidential to the extent the consultant designates and the Town Manager concurs. VII. PRE-SUBMITTAL ACTIVITIES 111111W A. Questions Concerning Request for Proposals Questions may be emailed, faxed or mailed to the Town Manager's Office and must be received seven (7) days in advance of the RFQ due date. Responses, which materially change the scope or intent of this RFQ, will be issued via addendum to all RFQ recipients. Tory Schlievert Town Manager's Office Town of Oro Valley 11000 N La Canada Drive Oro Valley, AZ 85737 Phone 520-229-4723 Facsimile 520-297-0428 E-mail: tschlievert@arovalley.net B. Revision to the Request for Proposals The Town reserves the right to revise the RFQ prior to the date that proposals are due. 41110 7 C. Pre-submittal Conference All interested firms shall be invited to a Pre-Submittal Conference to be held August 13, 2007 at 11:00 a.m. in the Kachina Conference Room, Oro Valley Town Hall, 11000 North La Canada Drive, Oro Valley, Arizona. VIII. CONSULTANT NOMINATING AND SELECTION PROCESS A. A consultant selection Committee ("Committee") will be established for this project and will include representatives from various departments within the Town of Oro Valley. B. Based upon the proposals submitted, the Committee may select a short-list of qualified firms for this project. The Town reserves the right to make final consultant selection based solely upon evaluation of the written proposals, without short-listing firms or conducting oral interviews, should it find it to be in its best interest to do so. C. The Committee may interview the short-listed firms. Based upon the proposal and interview, the Committee will rank the finalists as to qualifications. The Committee will recommend the selected firm to the Town Manager/Mayor and will request authority to enter into negotiations with the selected firm. D. Upon receipt of authorization to negotiate, the Project Manager will establish a negotiating team and enter into negotiations with the selected firm. The negotiations will cover: scope of work, contract schedule, contract terms and conditions, technical specifications, and price. If the negotiating team is unable to reach an acceptable agreement with the selected firm, the negotiating team will recommend to the that negotiations be terminated and that negotiations with the second ranked firm be initiated. E. After negotiating a proposed agreement that is fair and reasonable, the negotiating team will recommend that the Town enter into the proposed agreement. Final authority to approve the agreement rests with the Town Manager, or with the Town Council, if specifically required by the Town's municipal code. IX. EVALUATION CRITERIA Consultants will be evaluated on the following criteria: A. Project Experience and Understanding Qualified consultants will have a variety of experience in performing similar studies with public, government, private, not-for-profit, and other agencies as specified in this RFQ. More specifically: 1. Provide a brief history or your organization, including number of years in business in this capacity, number of employees, and names of chief officers. 8 • 2. Provide a list of previous and current contracts, if any, that are considered identical or similar to the Scope of Required Services herein. Include all public agencies served. 3. Identify the type and location of similar work performed which characterizes the work quality. 4. Provide a minimum of three (3) references for which the Consultant has performed similar or related analyses that the Town may contact. Include names of firms and contacts, addresses, phone and fax numbers. 5. Explain how your firm's administrative process will ensure that appropriate levels of attention are given and that work is properly performed. B. Familiarity with Survey Procedures and Methods Consultants should demonstrate an understanding of proper and sound survey procedures, including questionnaire design, sample selection and screening procedures, proper interviewer training, and quality control measures to ensure the validity of the responses and the reliability and consistency of the results. Qualified consultants also will be familiar with standard statistical measures of reliability, data processing and reporting methods, and ways of presenting survey results in a meaningful and easily understood manner. • More specifically: 1. Provide a detailed method of approach to the Scope of Work, indicating the services proposed to be performed by your firm, to confirm your understanding of this RFQ. Describe in depth how you plan to meet the requirements of each of the services and activities outlined in the Scope of Work. This should be presented as to reflect understanding and commitment to providing services in a professional and timely manner. 2. Describe the recommended approach of the organization in meeting the responsibilities that the Town has outlined. Include the firm's management and organizational capabilities. 3. Clearly distinguish tasks that the Consultant will undertake as distinguished from those that are the responsibility of the Town. Absence of this distinction shall mean the Consultant is fully assuming responsibility for all tasks. 4. The proposal must contain a task-by-task schedule of the time required to complete the project. 9 C. Project Management,Personnel,Equipment, and Facilities Project staff qualifications include a combination of experience, education and background in survey design, conduct and analysis. Included in the proposal should be a description of the facility to be used to conduct the survey and a discussion of the techniques to be used to monitor interviewers and verify survey responses, and an understanding of and ability to comply with the project schedule. More Specifically: 1. Describe the specific qualifications and experience of the project principal, project manager, key staff, and any subcontractors have in supplying the services listed in this RFQ, including any professional designations and affiliations, certifications or licenses, etc. 2. Provide a list of subcontractors (if applicable), with their respective qualifications and experience to be used in performing the services requested. The Town reserves the right to approve or deny proposed subcontractors. 3. Describe how the qualifications and experience identified above relate to the project, as well as the extent of principal involvement and team experience on similar projects. X. SCHEDULE FOR NOMINATION, SELECTION AND AWARD The Town anticipates the process for nominating and selecting a consultant, and awarding the contract will be according to the following tentative schedule: A. Issue RFQ Tuesday, July 31, 2007 B. Proposal Due Date Friday, August,31, 2007 C. Oral Interviews (if necessary) Week of September 10, 2007 D. Selection and Notification Friday, September 14, 2007 E. Contract Negotiations Complete Friday, September 28, 2007 F. Approval of Contract Wednesday, October 3, 2007 G. Notice to Proceed Monday, October 8, 2007 XI. SPECIAL CONDITIONS A. Reservations This RFQ does not commit the Town to award a contract if no suitable consultants can be found. 10 ill, B. Right to Cancel The Town reserves the right to cancel, for any or no reason, in part or in its entirety, this RFQ, including but not limited to: selection schedule, submittal date, and submittal requirements. If the Town cancels or revises the RFQ, all consultants will be notified in writing by the Town. C. Additional Information The Town reserves the right to request additional information and/or clarification from any or all consultants to this RFQ. D. Contract for Professional Services The selected consultants will be required to sign the attached professional services "Agreement" (attached) and to provide the insurance certificates and all other required documentation prior to the commencement of any work on the project. E. Insurance Requirements The Town requires consultants doing business with it to obtain insurance, as shown in the attached professional services "Agreement". The required insurance certificates must comply with all requirements of the standards as shown in the contract and must be provided prior to the commencement of any work on the project. • 4110 11 Y 11 /1/..?„,, ,.s., r. [.>„\,....st.—E 0- 'o CVP ,a lif ' ' :ss ' ..,r; ir Aii '',,,,,,,, 4 r * : Aiivik60,4100,044_, V;4140;15S 419,40", ,k, AA, , ,,,,,o,,,, . - —---,r ,,,,.,,---A oe, • litA N'';:7,,-4,,,--;.'::.. , N44.1-r 4111k '` gN L.-,or:,,:::- --^A 9 TOWN OF ORO VALLEY DEPARTMENT—TOWN MANAGER 11,000 North La Canada Drive ORO VALLEY, ARIZONA 85737 (520) 229-4700 CONTRACT FOR PROFESSIONAL SERVICES PROJECT TITLE: Community Survey PROJECT NO.: N/A This contract is made and entered into by and between the Town of Oro Valley, a municipal Corporation (the "Town") and Marketing Intelligence (the "Consultant"). WITNESSETH: WHEREAS, the Mayor and Town Council/Town Manager of the Town of Oro Valley are authorized and empowered by the revisions of the Town Code to execute contracts for Professional Services. NOW THEREFORE, for and in consideration of the mutual covenants and conditions hereinafter contained, it is agreed by and between the Town and the Consultant as follows: SECTION I—DESCRIPTION OF PROJECT/SCOPE OF WORK See Exhibit"A", Proposed Methodology of work from Marketing Intelligence dated August 31. 2007. SECTION II—PAYMENT SCHEDULE The negotiated fee process was utilized for this contract. For services described in Section I of this Contract, the Town shall pay the fee as negotiated in the amount of Seventeen Thousand Eight Ilundred Dollars ($17,800.00). Payment shall be made monthly on the basis of progress reports. Consultant must provide a clear, detailed invoice r reflecting items being billed for, a summary sheet showing percentage of work completed to date, amount percent billed to date and current status of all tasks within the project with backup support documentation. Work schedule updates will be included in the monthly progress payment reports. F\Manager\Projectr\Community Survey\Contract for Marketing Intelligence doc Revised 07/09/07 SECTION III—PERIOD OF SERVICE Following receipt of a Notice to Proceed with the work, the Consultant shall complete all services described in Section I within 180 calendar days after Notice to Proceed is issued by the Town. In the event delays are experienced beyond the control of the Consultant, the completion date may be extended by mutual written agreement between the Town and the Consultant. SECTION IV—APPROVALS All work shall be subject to approval by the Town Manager his/her designee. Consultant agrees to exercise the skill and care which would be exercised by professional engineers performing similar services at the time and in the locality. If failure to meet these standards results in faulty work, Consultant shall undertake at its own expense the corrective adjustments or modifications. SECTION V—INDEMNIFICATION The Consultant agrees to indemnify, defend, and save harmless the Town, its Mayor and Council, the Town Manager and/or his/her designee, appointed boards and commissions, officials, officers, employees and the Town's insurance carriers, individually and collectively from all losses, claims, suits, demands, expenses, subrogations, attorney's fees, or actions of any kind and nature arising out of the Consultant's negligence or any subcontractor employed by the Consultant (including bodily injury and death) or damages to any property or any other losses, claims, suits, demands, and/or expenses, arising or alleged to have arisen out of the work to be performed, except any injury or damages arising out of the sole negligence of the Town, its officers, agents or employees. The amount and type of insurance coverage requirements set forth in Section VII will in no way be construed as limiting the scope of indemnity in this paragraph. SECTION VI—REPORTING Written monthly reports, together with updated work schedules, will be made by the Consultant in the format prescribed by the Town. These reports will be delivered to the Town no later than the fifth day of each month. When requested by the Town, the Consultant will attend Council meetings and provide finished documents including correspondence, supporting charts, graphs, drawings and colored slides for Council action. SECTION VII— INSURANCE See Attachment A SECTION VIII —AMENDMENTS Whenever a change in the scope of work is determined to be necessary, the work will be performed in accordance with the Contract provided. Before a change in the scope of work is implemented, a Change Order(s) shall be executed by the Town and the Consultant. Additions to, modifications of or deletions from the project may be made and the compensation to be paid to the Consultant may be adjusted accordingly by mutual written agreement of the contracting parties. It is agreed that no claim for extra work by the Consultant will be allowed by the Town except as provided, nor shall the Consultant do any work not covered by this Contract unless the work is authorized through a Change Order and signed by both Parties PRIOR to starting any additional work. All additional work, when authorized by executed Change Order(s), shall be compensated for by a fee as mutually agreed upon by the Town and the Consultant. The aggregate total of any Change Order(s) shall not exceed 20% of the original Contract unless specifically authorized by the Town Council in writing. TIME IS OF THE ESSENCE for this Contract. When the Consultant submits a request for additional time for which work must be completed in a contract, a Contract Change Order must be initiated outlining the reason for applying for the extension and provide the drop dead date the work will be completed. The language "TIME IS OF THE ESSENCE" must be written into the Change Order. If the Change Work Order is agreed to and signed by the 2 Town and the Consultant, it binds the Consultant to complete the work by the extended date designated in the Contract Change Order. The Town can then file suit against the Consultant if the work is not completed by the agreed upon date. If there is more than one extension agreed to, each extension must follow the same procedure. SECTION IX—TERMINATION The Town and the Consultant agree to the full performance of the covenants in this Contract, except that the Town reserves the right, at its discretion, to terminate or abandon the service provided for in this Contract or terminate or abandon any portion of the project for which services have been performed by the Consultant as follows: A. In the event that the Town terminates or abandons the services or any part of the services provided, the Town shall notify the Consultant in writing and, immediately after receiving such notice, the Consultant shall discontinue advancing the work under this Contract and shall proceed to close operations. B. Upon termination or abandonment, the Consultant shall deliver to the Town all drawings, notes, calculations, sketches and other materials entirely or partially completed, together with all unused materials supplied by the Town. C. The Consultant shall apprise the work he has completed and submit his appraisal to the Town for evaluation. D. The Consultant shall receive as compensation for services performed through the date of such termination or abandonment, a fee for the percentage of work actually completed. This fee shall be a percentage of the Consultant fee described in this Contract under Section II and shall be in the amount mutually agreed to between the Consultant and the Town. The Town shall make this final payment within sixty (60) days after the Consultant has delivered the last of the partially completed items. SECTION X—LIQUIDATED DAMAGES If the work to be performed by the Consultant under Section I of this Contract is not timely completed, the Consultant shall pay to the Town $1.78.00 as liquidated damages for each day the work remains incomplete after the scheduled completion date. This amount is agreed upon because of the impracticability and extreme difficulty of ascertaining the actual damages the Town would sustain. The scheduled completion date for terminating liability for liquidated damages shall be 180 consecutive days from the effective date of Town's Notice to Proceed to Consultant, subject to Section XI—Force Majeure. For the purpose of determining applicability of liquidated damages(Section X),completion time shall be extended only if delay in completion of the work by the Consultant results from an unforeseeable cause beyond the control and without the fault or negligence of the Consultant. SECTION XI—FORCE MAJEURE Notwithstanding any other term, condition, or provision hereof to the contrary, in the event any Party hereto is precluded from satisfying or fulfilling any duty or obligation imposed upon such Party by the terms hereof due to labor strikes, material shortages, war, civil disturbances, weather conditions, natural disasters, acts of God, or other events beyond the control of such party, the time period provided herein for the performance by such Party of such duty or obligation shall be extended for a period equal to the delay occasioned by such events and must be agreed to IN WRITING by both Parties. SECTION XII—ARBITRATION OF DISPUTES Any dispute arising under this contract that is not settled by the Town and the Consultant may, upon mutual agreement of the parties, be decided by an Arbitration Board composed of a representative of the Town, a representative of the Consultant and a representative mutually acceptable to the Town and the Consultant. The Town, however, reserves its 3 rights as set forth in Arizona Revised Statutes, Title 12. The Consultant shall continue to render all services requested in this Contract without interruption, notwithstanding the provisions of this Section. Nothing herein shall be deemed to require arbitration except at the Town's discretion. The laws of the State of Arizona shall apply to this Contract, and the Consultant agrees to the subject itself to the jurisdiction of the Courts of the State of Arizona for ally conflict that arises from the terms of this Contract. SECTION XIII—OWNERSHIP OF DOCUMENTS All documents including, but not limited to, tracings, drawings, original mylars, estimates, field notes, investigations, design analysis and studies which are prepared in the performance of this Contract are to remain the property of the Town. The Consultant shall furnish the Town, upon request, originals or copies of technical specifications and copies of all documents listed above. The Consultant shall endorse by his professional seal all plans and engineering data furnished by him. SECTION XIV—NO KICK-BACK CERTIFICATION The Consultant warrants that no person has been employed or retained to solicit or secure this Contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee; and that no member of the Town Council or any employee of the Town has an interest, financial or otherwise, in the Consultant firm. For breach or violation of this warranty, the Town shall have the right to annul this Contact without liability or, at its discretion, to deduct from the Contract Price or consideration, the full amount of such commission, percentage, brokerage or contingent fee. SECTION XV—CONFLICT OF INTEREST This Contract is subject to the provisions of A.R.S. § 38-511 which provides in pertinent part that the state, its political subdivisions or any department of either may, within three years after its execution, cancel any contract, without penalty or further obligation, made by the state, its political subdivisions, or any of the departments or agencies of either if any person significantly involved in initiating, negotiating, securing, drafting or creating the Contract on behalf of the state, its political subdivisions or any of the departments or agencies of either is, at any time, while the Contract or any extension of the Contract is in effect, an employee or agent of any other party to the Contract in any capacity or a Consultant to any other party to the Contract with respect to the subject matter of the Contract. SECTION XVI—ASSIGNMENT This Contract shall not be assignable except at the written consent of the Parties, and it shall extend to and be binding upon the heirs, executors, administrators, successors, and assigns of the Parties. The Consultant may assign money due to him under terms of this Contract to a banking or lending institute. The Town shall assist the Consultant in performing the assignment by testifying to the progress of the work as may be required. SECTION XVII-ENTIRE CONTRACT This is the entire Contract between the Parties. If any portion(s) of this Contract is (are) later found to be invalid or unenforceable, such portion(s) shall be null and void and without any effect on the rest of the Contract which shall continue in full force and effect. 4 IN WITNESS WHEREOF, the parties have hereunto subscribed their names this 2007. day of TOWN OF ORO VALLEY: CONSULTANT: By: By: David Andrews, Town Manager Date: Date: ATTEST: By: Date: Kathryn E. Cuvelier, Town Clerk APPROVED AS TO FORM: WITNESS (If Individual or Partnership) Town Attorney Title: Date: Date: SIGNING INSTRUCTION TO THE CONSULTANT: ALL SIGNATURES MUST BE NOTARIZED. In the event that the contracting firm is a corporation, the president and the secretary or the vice-president and the secretary of the corporation must sign and the corporate seal must affixed thereto. State of ) )ss. County of ) SUBSCRIBED AND SWORN before me this day of , 2007 by , who is known to me or has satisfactorily been identified as the , and by who is known to me or has satisfactorily been identified as the , both as duly authorized agents to sign on behalf of Marketing Intelligence to bind and obligate the Consultant. Notary Public My Commission Expires: 1. 5 ATTACHMENT A INSURANCE The Consultant agrees to obtain insurance coverage of the types and amounts required consistent with the coverage limits shown below. Coverage Afforded Limits of Liability Workmen's Compensation Statute Employer's Liability $100,000 Comprehensive General $1,000,000-Bodily Injury Liability Insurance Combined Single Limit (including blanket contractual $100,000 Property Damage and premises/operations) Professional Liability Insurance $500,000(Minimum) Combined Single Limit The Consultant shall provide satisfactory certificates on the required insurance coverage before beginning work. All policies shall contain an endorsement providing that written notice be given to the Town at least thirty (30) calendar days prior to termination, cancellation or reduction in coverage policy. Insurance policies shall remain in force until all work has been completed and the completed project has successfully fulfilled its warranty period. If a policy does expire during the life of the Contract, a renewal certificate of the required coverage must be sent to the Town of Oro Valley not less than five(5)workdays prior to expiration date. Each certificate shall include project description, project number and the signed acknowledgement of the insurance company. The Town of Oro Valley shall be included as an additional insured on all policies except Worker's Compensation and Professional Liability. Policies for General, Automobile, and Excess Liability are primary over any insurance available to the Town and as to any claims resulting from the Contract, it being the intention of the parties that the insurance policies so effected shall protect both parties and be primary coverage for any and all losses covered by the described insurance. In regard to Professional Liability, Consultant agrees to indemnify, defend, and save harmless the Town of Oro Valley, its Mayor and Council, appointed boards and commissions, officials, officers, employees, individually and collectively, from all losses, claims, suits, actions, payments and judgments, demands, expenses, attorney's fees, defense costs, or actions of any kind and nature resulting from personal injury to any person, including employees of the Consultant or of any subcontractor employed by the Consultant (including bodily injury and death) or damages to any property, arising or alleged to have arisen solely out of the negligent performance of the Consultant for the work performed. Consultant agrees to indemnify, defend and hold harmless the Town of Oro Valley, its Mayor and Council, appointed boards and commissions, officials, officers, employees, individually and collectively, against any an all claims arising out of errors, omissions or negligent acts in the performance of services by the Consultant. The amount and type of insurance coverage requirements set forth in the Contract will in no way be construed as limiting the scope of indemnity in this paragraph. In regard to General,Automobile, and Excess Liability,the Consultant agrees to indemnify, defend and save harmless the Town of Oro Valley, its Mayor and Council, appointed boards and commissions,officials, officers, employees, individually and collectively from all losses, claims, suits, actions, payments and judgments, demands, expenses, attorney's fees, defense costs, or actions of any kind and nature resulting from personal injury to any person, including employees of the Consultant or any subcontractor employed by the Consultant(including bodily injury and death)or damages to any property,arising or alleged to have arisen out of the negligent performance of the Consultant for the work to be performed hereunder, except any injury or damages arising out of the sole negligence of the Town, its officers, agents or employees. IT IS THE INTENTION OF THE PARTIES to this Contract that the Town of Oro Valley, its Mayor and Council, appointed boards and commissions, officials, officers, employees, individually and collectively, are to be indemnified against their own negligence unless and except that negligence is found to be the sole cause of the injury to persons or damages to property. The amount and type of insurance coverage requirements set forth in the Contract will in no way be construed as limiting the scope of indemnity in this paragraph. 6 CONSULTING FIRM: PROFESSIONALS REGISTERED IN THE STATE OF ARIZONA (IN-HOUSE) -mop In the space provided below, list name, major field of expertise, and professional registration number for all in- house Architects, Landscape Architects, Engineers, and Land Surveyors registered in the State of Arizona on your staff as of 5/02. Enter total number of Arizona Registrants listed below: (For additional space use reverse side.) NAME FIELD REGIS. 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Swan Rd., Suite 102 I Tucson,AZ 85712 I mktg-intelligence.com August 31, 2007 Town of Oro Valley Attn: Town Manager's Department 11000 North La Canada Drive Oro Valley, Arizona 85737 Ref: Community Survey Consultant RFQ Dear Selection Committee: We are pleased to submit one original and seven copies of our proposal in response to your RFQ for the Community Survey. At Marketing Intelligence, our aim is to provide clients with strong research skills whose output =�- can serve as a foundation for sound strategic decision-making. We believe that smarter thinking doesn't have to cost more but is always worth more. If given the opportunity, we will deliver to you a high-quality survey instrument and subsequent analysis that are not only worthy of the effort your Department deserves, but are also valuable because of conceptual grounding, methodological rigor, and strategic input. We are submitting this proposal which includes all of the activities outlined in the RFQ (develop the survey instrument, determine the sample size and selection, develop the survey execution and methodology, execute the survey, analyze the data and prepare written and oral final reports). Our firm is committed to providing the Town of Oro Valley a high level of research services and all key members of our team have long term commitments to their respective firms, ensuring their input throughout the process. We are a team that had a great deal of experience working together to make sure that all projects are finished on time, on budget and maximize benefit to the client. To summarize, we are confident in our ability to do the task well and we hope that you will give us a chance to do it. We eagerly look forward to your response. In the meanwhile, if you need any further information or clarifications, please do not hesitate to contact us. Sincerely, r Christopher Baker I PROPOSAL SUMMARY tNo) Client: Town of Oro Valley Project As identified in the request for qualifications, the primary research Objectives: projects include, but may not be limited to: 1. Ascertain how residents define/describe quality of life 2. Gauge the services currently offered by the Town of Oro Valley 3. Identify the perceived strengths of the Town of Oro Valley 4. Identify the perceived weaknesses of the Town of Oro Valley 5. Identify areas residents feel are important and will lead to the sustainability of the Town of Oro Valley 6. Determine how psychographic and demographic segments differ in their perceptions and assessments Methodology: Telephone Survey Respondents: Residents of the Town of Oro Valley Deliverables: MI will provide a 15 draft and 30 final written copies of the report, including an electronic version of the final written report on Compact Disc. We will also provide a PowerPoint presentation of key findings and lead a discussion of the implications of the results for no fewer r than three meetings, including to the Town Management Team, Council Workshop, and Town Council regular meeting. Should other events or meetings arise that require a presentation, we would be happy to present the results. Provided by The client is to provide guidance in the survey development process Client: concerning the question subject matter. The success of the project will be enhanced by active participation from the survey committee in expressing what information is required and desired by the Town of Oro Valley. Time Line: The research project will be completed in its entirety in accordance with the time line presented in the request for qualifications. The project is to begin in mid-October, 2007 with a draft report to be delivered by January 2, 2008 and a final report to be delivered by January 16, 2008. Project The total project costs are $17,800. This includes all time, materials Fees: and other expenses to develop the survey instrument, execute the telephone survey, analyze all data and prepare a final written report and oral presentation. �l:irktin:lnrlli��nrc 1 IDENTIFICATION OF THE CONSULTANT Legal name and address of company: Marketing Intelligence, LLC 1636 N. Swan Rd., Suite 102 Tucson, Arizona 85712 Legal form of Company: t Limited Liability Corporation, solely owned by Dr. Kapil Jain Address of office working on project 1636 N. Swan Rd., Suite 102 Tucson, Arizona 85712 Contact Chris Baker Senior Research Consultant 1636 N. Swan Rd., Suite 102 Tucson, Arizona 85712 520.321.0110 • M.irL rin%;lnrclli;.n, 2 EXPERIENCE AND TECHNICAL . ,•Client: City of Phoenix Public Works Department Contact: Christine Williams, 602-256-5602 Survey Purpose: After focus groups were held to understand why residents do or do not recycle, a survey was employed to quantify findings from the focus groups and to test marketing communications messages aimed at encouraging recycling. Sample Design and Size: 600 residents in Phoenix's Service Area 6 were surveyed using a stratified sampling plan based on zip codes. Total Number of Questions: Approximately 80 questions. Client: Pima Association of Governments Contact: Gary Hayes, 792-1093 Survey Purpose: The primary purpose of the survey was to measure citizen priorities for the impending Pima County Regional Transportation Plan. Sample Design and Size: 600 residents from the Greater Tucson area were surveyed using a stratified sampling plan based on zip codes. Total Number of Questions: Approximately 40 questions. Client: Town of Oro Valley Contact: Bob Kovitz, 229-4712 Survey Purpose: The primary focus of the survey was to measure needs and desires (as well as willingness to pay for) a proposed Regional Park. Sample Design and Size: 400 Town of Oro Valley residents were surveyed using a random sample plan. Total Number of Questions: Approximately 35 questions. ?1:irl.rin Inn:Ili� ncc 3 • PROPOSED METHODOLOGY , , • . . . . . We have chosen to recommend a telephone survey for this particular project based on the ', following: • Web surveys, though they have other advantages may not be assessable to all residents. Those who do not have computers or have difficulty in using electronic media may not be able to participate in the survey. In addition, ensuring that all respondents live within the Oro Valley town limits presents additional challenges. • Mail surveys present other challenges. Most list providers designate individuals by the address provided by United States Postal Service. Thus residents who live outside of the Oro Valley town limits may have an "Oro Valley" address based on their zip code. It is also difficult to control who takes the survey. The research provider can control who the survey is mailed to, but cannot control who responds (not how many will respond) • The only list that can actually identify residents of Oro Valley is a voter registration list. However, voters are not necessarily representative of the entire Oro Valley residency. As such, we will make the following changes to the normal survey methodology: o MI will complete a total of 300 telephone interviews using the voter registration list. o After the 300 interviews have been completed, we will use the demographic data to ascertain which segments of the population (such as age groups, gender, etc...) are underrepresented. o We will then complete the remaining 100 surveys using a list other than the voter registration list to maximize representativeness of the sample. o To make sure that the ancillary list contains only residents of Oro Valley, we will verify the address of the respondent (making sure it is within town limits) prior to calling. The overall survey effort will consist of four distinct activities: survey design, sample selection, survey execution, and data analysis. Sample Size p Assuming a desired confidence level of 95% (a standard parameter value in opinion research) and a conservative estimate of the population variability, the required sample size can be calculated as: N = (Z)2 (p) (1-p) / E2 Where N = sample size Z = standard error corresponding to a 95% confidence level (p) (1-p) = expected variance in the population E = acceptable error level 411 INt >`1arknn;I nrclli;rncc 4 < - The expected variance of the population is assumed to be .50/.50, however if this is not the case, and the actual variance is closer to .30/.70 or .15/.85, this sample size will still be adequate and actually produce a lower error level. Given the above formula, the sampling error for the sample size of 400 is +1- 4.90% and is within the requirements specified in the request for quotation. Sample Selection The survey sample will be based on parameters resulting from an initial strategy meeting with the Client. Survey Development The foundation of the survey questionnaire will be based on the objectives set forth for the project. In addition, information gathered from secondary research and strategy meetings with aspect Client will be included as a fundamental p ect of the design. The questionnaire will be organized in a manner that optimizes the validity and reliability of responses. Screening questions will be utilized to ensure that legitimate respondents are participating. The main questionnaire will consist of warm-up, target, and classification questions. Upon the completion of the questionnaire, MI will conduct a pre-test of no fewer than 20 respondents prior to finalization of the survey instrument. Survey Execution MI will use the services of 1 to 1 Direct for the telephone survey. We have partnered previously with 1 to 1 Direct and have been very impressed with the high quality of their work. 1 to 1 Direct -0) is committed to the highest ethical standards of data collection, reporting and analysis. The company is a member of the MarketingResearch Association and adheres to Recommended P Y Best practices for Opinion and Marketing Research to ensure a good working relationship with clients. 1 to 1 Direct is also a local company and thus uses only local individuals to conduct interviews. None of the interviews are outsourced to other companies. Interviewer Training MI conducts interviewer training for the interviewers assigned to the project to ensure each is fully educated about the project and the importance of the survey to the project. We make sure each interviewer understands each question on the survey and the possible responses. The training session ensures the responses are coded correctly and questions are not left for interpretation by the interviewers. Properly trained and competent interviewers also allow for a much more comfortable interview for the respondents and increases the accuracy of their answers. A test interview is then administered as final verification of subject matter comprehension. In addition to specific project training, all interviewers take part in a three-hour data collection- training program, which includes "The Professional Interviewer" training modules from the Marketing Research Association. A subsequent review test is then given. To advance their skills, interviewers participate in forums on a particular subject such as probing and clarification, types of bias and ways to increase respondent survey completion rates. 1vI` Markrring I nrclligcnrc 5 1 to 1 also has many bilingual interviewers who are fluent in Spanish if needed. Their facility has the ability to translate the survey instrument into Spanish as well. In case a bilingual survey needs to be administered, MI uses 1 To l's translation as a secondary check to ensure the survey has been properly translated (all surveys are translated from English to Spanish and then back to English to ensure proper translation). Quality Assurance Measures MI has worked with 1 to 1 Direct on many similar projects. We chose to subcontract with this company because of their strong reputation and ability to concurrently monitor the administration of the survey with MI. Specifically, 1 to 1 Direct currently uses a custom designed CATI system allowing for the production of a call summary report which details the disposition of all calls (complete, not home, refusal, etc). They are currently using Win CATI (Sawtooth), which also allows for quota control and call disposition monitoring. Marginal tabulations (frequencies) are also provided. 1 to 1 Direct also has a monitoring system attached to each station that allows the supervisor on duty to listen in to both sides of the conversation at any time and the data from a completed interview is immediately viewable. The supervisor reviews the data to ensure that it is complete and accurate. 10% of the respondents are called back to ascertain that they have indeed completed the survey, at which time they are asked two or three of the survey questions to ensure that the data is accurate. In order to ensure that any survey instrument is obtaining valid, reliable and pertinent results, MI will continuously reviews results with the Client, if desired. Should the need arise, adjustments to the survey instrument will be made by MI, with the approval of the Client. As a confidentiality precaution, 1 to 1 Direct: • Requires that each interviewer sign a confidentiality agreement which restricts any public discussion of the project • Ensures that each study is conducted according to the client's exact specifications • Observes confidentiality with all research methodologies and information will not be revealed that could be used to identify clients or respondents without proper authorization SURVEY DATA PREPARATION MI is in control of the entire data analysis process, including data collection, coding and cleaning. Again, our goal is to ensure that all collected data, whether qualitative or quantitative in nature is valid, reliable and accurate. Data Collection MI's academic credentials, experience, physical and human resources are more than sufficient to provide valid, objective and timely results. 1 to 1 Direct, has 60 call stations, experienced bilingual interviewers and custom-designed CATI software. Its principal, Carol Zimmerman, has 25 years experience in marketing, public relations and survey research. In addition, MI is involved in all aspects of the quality assurance measures previously mentioned. To ensure representative data is being collected, MI checks to confirm that surveys are completed with certain calling criteria. Interviews are conducted at different times of the day and during different days of the week (weekdays and weekends) to garner the appropriate '`Arl.,ringlnr011genrc cross-section of the intended target. In order to make certain the data collection process provides valid, reliable and accurate data, partial completes will not be accepted. Data Coding MI meets with the 1 to 1 Direct staff prior to any survey interviewing and results are continuously reviewed to ensure that all data are coded correctly. Surveys incorrectly coded will not be used for data analysis. Data Cleaning In addition to the data cleaning performed by 1 TO 1 Direct, MI performs a final data cleaning prior to the commencement of any data analysis. This final step in the collection of data provides further confidence in the results of the data analysis. Statistical Analysis Marketing Intelligence has extensive experience with a wide range of sophisticated tools that we utilize in the area of data analysis. We have the ability to use either complex data analysis software such as SAS or more user-friendly software such as SPSS, depending upon the data analysis requirements and client needs. Our skills are advanced beyond basic analysis such as chi-square cross-tabs, difference testing, correlation and regression analysis. We are able to answer complex questions using conjoint, cluster and other more sophisticated analysis tools. • 1\4; 't:rL rn,lnrelli:!nrc 7 bp. KNOWLEDGEAND UNDERSTANDING OF LOCAL ENVIRONMENT Marketing Intelligence and 1 to 1 Direct are both involved in issues important to the local metropolitan area. We are in engaged in local political campaigns and work closely with local government agencies to provide research and consulting services. Together we have worked on projects for the Arizona Department of Environmental Quality, City of Tucson Environmental Services, City of Phoenix Public Works Department, Pima Association of Governments, Town of Oro Valley, Pima County Development Services Department and the University of Arizona among many other corporate clients. Please see the bios in the next section for a full scope of local community and civic involvement/ experience. - 4 ti PROJECT ORGANIZATION AND KEY PERSONNEL Project Leader .Chris Baker Responsible for survey development, data analysis, report writing and presentation of results Kapil Jain Consult on survey design, data analysis Doraliz Vega Data cleaning, qualitative coding, report editing Carol Zimmerman, 1 to 1 Direct Data gathering, consultation on government issues. Resumes for Chris Baker and Kapil Jain follow. Bios for Chris Baker, Kapil Jain and Carol Zimmerman as well as the company background for Marketing Intelligence are also included. Our project team has had similar roles for the vast majority of projects executed by Marketing Intelligence and 1 to 1 Direct. See "Experience and Technical Competence" for examples in which the team has worked together. Both Marketing Intelligence and 1 to 1 Direct are locally operated companies with primary offices in Tucson, Arizona. We use 1 to 1 Direct exclusively for all of our telephone-related data gathering needs. This allows us to maintain quality control and ensure that all local laws, ordinances, regulations, policies, requirements and permitting are followed. X14. hl:rl, rin,lnrcili_ nc9 L_ 4:Y.. I ..t: . • . 9 CHRISTOPHER BAKER 1636 N. Swan Road, Suite 102 Tucson, AZ 85712 (520) 321-0110 chris@mktg-intelligence.com EDUCATION THE UNIVERSITY OF ARIZONA Tucson, AZ The Eller Graduate School of Management Master-of Business Administration, May 2001 College of Social and Behavioral Science Bachelor of Science in Political Science, August 1999 EXPERIENCE MARKETING INTELLIGENCE, LLC Tucson, AZ 2000 - Present Senior Research Associate • Project lead for MI projects • Data analysis and interpretation of results for quantitative and qualitative studies • Moderate MI focus groups and conduct depth interviews • Write final reports including summary and key findings • Production of MI responses to RFP's, RFQ's and other client proposals • Client interface responsibilities for major projects with an emphasis on relationship building 2002 - 2004 THE UNIVERSITY OF ARIZONA Tucson, AZ Adjunct Lecturer • Instruct undergraduate students in Marketing 440 (Marketing Research) and Marketing 480 (Research for Entrepreneurs) STARWOOD HOTELS Tucson, AZ 1998 - 2000 Director of Revenue Management at Sheraton Tucson/Plaza Hotels • Set pricing strategies in a complexed-two hotel system • Developed marketing plans with the Director of Sales 1997 - 1998 Rooms Division Manager at Sheraton Tucson Hotel • Managed five departments including employees 40 • Budgeted and forecasted all related expenses OMNI TUCSON NATIONAL GOLF RESORT AND SPA Tucson, AZ 1995 - 1997 Reservations/Revenue Manager • Submitted revenue budgets and monthly forecasts to corporate office • Analyzed business segments 1994 - 1995 Front Office Manager • Managed four departments including 25 employees • Budgeted and forecasted all related expenses 1991 - 1993 Front Desk Agent COMMUNITY Currently serving on the boards of The University of Arizona Alumni Association and the Advertising Federation and on committees for the United Way's Young Leaders Societyand Message/Methods g /Methods Task Force. SY i♦ C Markcring Inrcllixrncc KAPIL JAIN 1636 N. Swan Road, Suite 102 1111) Tucson, Arizona 85712 (520) 321-0110 kapil@mktg-intelligence.com EDUCATION COLUMBIA UNIVERSITY New York, New York Uris Graduate School of Management Ph. D. — Marketing, 1990 M.Phil. — Marketing, 1986 BAJAJ INSTITUTE, BOMBAY UNIVERSITY Bombay, India M.M.S. (Marketing), 1982 INDIAN INSTITUTE OF TECHNOLOGY New Delhi, India B. Tech. — Mechanical Engineering, 1978 EXPERIENCE INDUSTRIAL July '99 — Present MARKETING INTELLIGENCE, LLC Tucson, Arizona Founding Partner, Owner Consulting Engagements (selected) Schott Donnelly, LLC Global Atmospherics University of Arizona The Arizona Republic City of Tucson Sept. '79 — July '80 SLM-MANEKLAL INDUSTRIES LTD. Bombay, India Marketing Analyst Sept. '78—Aug. '79 SIMON CARVES INDIA LTD. Calcutta, India Project Engineer ACADEMIC Sept. '02 — Present Senior Lecturer, University of Texas at Austin — Red McCombs School of Business July '98 —Aug. '02 Lecturer of Marketing, University of Arizona Summer '00 Visiting Professor, Thunderbird —Graduate School of International Management—Archamps, France Summer '98 Visiting Professor, Thunderbird —Graduate School of International Management— Phoenix, Arizona Aug. '95 —June '98 Visiting Assistant Professor of Marketing, University of Arizona July '87 — July '96 Assistant Professor of Marketing, University of Rhode Island Aug.'85 — July '87 Provisional Visiting Assistant Professor, University of Florida MI Mark,rin2Inrclligrnre 1 1 KAPIL.JAIN, PH.D— MARKETING INTELLIGENCE OWNER Dr. Jain has been the lead consultant on all projects at Marketing Intelligence. His vision of blending cutting-edge research design and strategic thinking into a single cohesive approach drives both the philosophy and practice at Marketing Intelligence. Dr. Jain holds a Ph.D. in Marketing and a Master of Philosophy degree from Columbia University, New York, as well as an MBA in Marketing from Bombay University, India. Currently, he teaches Marketing and New Product Design in the MBA program at the University of Texas at Austin. Formerly, he taught graduate and undergraduate courses in Marketing Research, Product Strategy, Consumer Behavior, Marketing Decision Models and Internet Marketing in the Department of Marketing at the University of Arizona's Eller College of Business and Public Administration. In addition, Dr. Jain has also taught courses as a Visiting Professor for the Thunderbird Graduate School of International Management. Dr. Jain has also taught in executive education programs within the areas of"Advocacy: Selling Your Ideas", "Segmentation and Positioning", and "New Product Development" to executives from Mexico, Korea, and the U.S. representing such firms as Motorola and LG Korea. CHRISTOPHER BAKER. MBA-MARKETING INTELLIGENCE SENIOR CONSULTANT After earning his undergraduate degree in Political Science from the University of Arizona, Mr. Baker spent over nine years in the hospitality industry. He has served as a director of revenue management and an operations executive committee member for hotels and resorts, overseeing various aspects of forecasting and budgeting, as well as the development of marketing plans. Mr. Baker attained his MBA degree with an emphasis in marketing from the University of Arizona's Eller College of Management, where, he has taught undergraduate Marketing Research to both marketing and entrepreneurship students. His leadership in philanthropic and educational activities was acknowledged with the 2001 Tom Rogers MBA Alumni Community Service Award. Mr. Baker served five years on the board of the Tucson American Marketing Association and currently serves on the board for the Tucson Advertising Federation, the United Way's Young Leadership Society, the United Way's Message and Methods Task Force and the National Board of the University of Arizona Alumni Association. As the Senior Research Associate, he is the project lead for the majority of research studies done by Marketing Intelligence. CAROL ZIMMERMAN= 1 TO 1 DIRECT OWNER Carol Zimmerman joined Zimmerman & Associates in 2000 after amassing a wealth of experience in political campaign management, social services, government and fundraising development. Immediately upon graduation from the University of Arizona, she successfully applied for a federal grant that helped her found New Directions for Young Women, a counseling and advocacy agency for juvenile female offenders. >`larl,rinlnrllis;•nrc In 1984, she assumed the position as chief of staff for Tucson City Councilmember and later Mayor Tom Volgy. Her duties included media relations, policy development and supervision of constituent services. After the Mayor retired from public office, she joined the staff of St. Gregory College Preparatory School where she served as director of development. There, she spearheaded the school's annual fund campaign and successfully completed a $4.7 million capital campaign. In 2002, Ms. Zimmerman was elected to the Central Arizona Water Conservation Board of Directors. This 15-member unpaid board governs the policies and operations of the Central Arizona Project (CAP). Carol has served in variety of positions in local and state political campaigns over the last 30- years, beginning with Tucson City Council races in 1975 and, most recently, spearheading the Zimmerman & Associates team in the very successful effort to pass the Regional Transportation Authority Plan and 1/2-cent sales tax election. Marketing Intelligence Company Background Based in Tucson, Arizona, Marketing Intelligence is a Limited Liability Corporation founded y Dr. Kapil Jain in 1999. The staff includes two project leaders and between two to five other consultants, dependent upon current project levels. All current project team leaders at Marketing Intelligence have a MBA and Dr. Jain also holds a Ph.D. in Marketing with an emphasis in research methods. Marketing Intelligence specializes in the design and execution of comprehensive programs centered upon solid research. We believe that success in all ventures is more likely if based on a triad of research, strategy, and execution. Our primary focus is to assist organizations in the evaluation of current strategies and programs and subsequently developing powerful marketing and communications strategies that are supported by research data. In addition, Marketing Intelligence has extensive experience and a wide range of sophisticated tools that we utilize in the area of data analysis. The two research leaders at Marketing Intelligence together bring more than 30 years of combined academic marketing, business z., consulting and program evaluation experience to the company. Our clients have included government, manufacturing and service organizations, as well as various other entities. While the majority of Marketing Intelligence projects have focused on public opinion, marketing research and strategic evaluation activities, our scope of projects has ranged from analyzing historical encounter and human resources data to ascertaining the international market for a high technology product. .S. The abilityto analyze the problem, develop the appropriate research methodology, execute data Y gathering and finally optimize value to the client by providing strategically founded analysis and recommendations sets us apart. We are able to provide our clients with high level research and analysis by using a myriad of methodologies including various types of surveys, focus groups, depth interviews, encounter interviews, etc. The depth of methodological execution is complemented with extensive utilization of statistical analysis that goes well beyond standard frequency distributions and cross-tabulations. M 1`1:irLtinglnrclli;rnrc 13 We emphasize building long-term relationships with our clients and consider the potential for repeat engagements to be the most coveted measure of success. So far, we have achieved substantial success by this standard and will be happy to provide letters of reference upon request. We also believe in helping to build a better community and have done pro bono research for organizations such as YMCA of Tucson, Tucson Symphony Orchestra, Southern Arizona Leadership Council and The University of Arizona Alumni Association and belong to various professional organizations including the Tucson American Marketing Association and the Tucson Advertising Federation. Following is a partial list of current and previous clients: *'Government** • Arizona Department of Environmental Quality • City of Tucson Environmental Services • Arizona Department of Transportation • City of Phoenix Public Works Department • Pima Association of Governments • Town of Oro Valley • Pima County Development Services Department **Community Organizations** • Southern Arizona Homebuilders Association (SAHBA) • Tucson Association of REALTORS® • Tucson Symphony Orchestra • YMCA of Tucson • Southern Arizona Leadership Council (SALC) • Yes for Regional Transportation • Bonds For All of Us "Education/Educational Institutions' • University of Arizona — Life Works Connections • University of Arizona —Arizona Remote Sensing Center • University of Arizona — Department of Hydrology and Water Resources • University of Arizona — Office of External Relations • University of Arizona —Arizona Science Center • University of Arizona Alumni Association • Tucson Unified School District • Best 2004 (Private Bond Override Committee in the Tucson Unified School District) *'Private Companies** • Cox Communications • University Physicians Healthcare • Vaisala (formerly Global Atmospherics) • Tucson Newspapers, Inc. • Arizona Daily Star • Fairfield Homes • Long Realty 1vI. ?1:il. rin%Inrclli„•n;• 14 • Standard Pacific Homes of Tucson • Car Wash Partners • Arizona Shuttle • Specialized Office Systems • Southern Arizona Veterinary Specialty and Emergency Center • Radiology Ltd. • First Magnus/Charter Funding • Lennar/US Homes • Meritage Homes • Copper State Consulting 'Marketing, Public Relations and Communications Agencies** • Bolchalk — Frey Marketing _ • The Caliber Group • LP & G • Strongpoint • Zimmerman and Associates • Taylor Productions —01 • 15 lvT rl:irl.tin„Inrlli4•nc TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: October 17, 2007 TO: HONORABLE MAYOR& COUNCIL FROM: Pamela J. Pelletier, Planner SUBJECT: OV12-03-09, Leadstar/Coronado Engineering, representing T.J. Bednar, requests approval of a Final Plat for Villa Milagro, located west of Oracle Road and north of Desert Sky Road. EXECUTIVE SUMMARY OF APPLICATION Nature of Application: All design and site layout issues related to zoning requirements as well as specifications of all reviewing agencies were approved as part of the development plan or preliminary plat process. The final plat is the mechanism for recordation of a subdivision (either residential or commercial uses), as well as recordation of all easement information, such as location and width as required of utility corridors. In the case of a final plat, the sole purpose of the final plat would be to allow the developer/owner to sell the individual lots. As a result, there will be multiple property owners within the development. Both a Home Owner's Association (HOA) and a Property Owners Association will be formed for each component of the site, comprised of each owner(s), who would then be responsible for maintaining the common areas "A" and "B". The final plat is submitted for review and action by the Town Council. Final plat approval is required before bstantive improvements such as grading, sewers, water and paving can begin in a subdivision. Current Site Conditions: • The entire site is 272,067 square feet or 6.25 acres. • The site is zoned R-6 Multi-family Residential District. • In the 1980's, the site was dramatically disturbed. The Arizona Department of Transportation (ADOT) used it as a soil material source. The once hilly site was mined and scoured; only the eastern and southern edges remain with 25% or greater slopes. Proposed Improvements: The Project includes two components—office and residential. Each component is described separately as follows: Office Development component: The proposed office development would include the following features: • Two buildings of 4,800 square feet(SF) each on the 1.16 acre office portion. One office building fronts Oracle Road and the other faces the Project's residential development. • Setbacks: o Front: Sixty feet(60')required from Oracle Road ROW per ORSCOD; o Side: Twenty feet(20') along the northern property line; and o Rear: Twenty feet(20') along the western property line. • Bufferyards: o A thirty feet (30') landscape bufferyard along Oracle Road; TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 2 of 5 o Ten feet bufferyard along the northern boundary; and (10')landscaped o Landscaped bufferyard on the western boundary ranging from twenty to forty feet (20'-40'). • Approximately 50,506 SF of open space. • Maximum building height limit of eighteen feet(18'), with the proposed buildings height of sixteen feet (16'). • Landscaped courtyards at the entrance of each office building. • Public art visible from the entrance roadway. Location and type is subject to Public Art Review Committee (PARC) and Town Council review. Residential Development component: • Twenty-eight(28) lots with a minimum lot size of 3,031 SF on 5.09 acres. • Setbacks: o Front: Twenty feet(20'); o Rear: Ten feet (10'); and o Side: Five feet(5') if there is a dwelling unit of the adjacent lot(for a combined ten feet [10'] between buildings or zero feet (0') side setback if end lot. o All corner lots shall maintain a twenty foot(20') setback from all internal street frontages. • All R-6 zoned property shall provide a minimum of thirty-five percent(35%) of the net lot area as open space. The final plat exceeds this requirement by allocating a combined open space amount of approximately 113,325 square feet or 2.6 acres, which is approximately forty-one percent (41%). • Maximum building height is twenty-five feet(25')per the R-6 standards of the OVZCR and the .. proposed building heights are as follows: o Buildings on Lots 1-12, 21-21 may be one- or two-story, with a maximum building height of twenty-five feet (25'). o Buildings on Lots 13-20 shall be limited to one-story with a maximum building height of fourteen feet (14'). • Single roadway access with a loop road circulation pattern. BACKGROUND Approvals to Date: The 6.5 acre property was annexed into the Town in 1974 and was rezoned R-6, Multi-family Residential District. It was part of a larger Horizon Heights subdivision approved by Pima County in 1961 at a similar density. At the November 17th, 2005 Town Council meeting, the Council voted to approve the preliminary plat/ development plan for Villa Milagro. As part of the preliminary plat/development plan, all design issues, such as building layout, building heights, and the like, were resolved and also allowed the developer/owner to begin the platting process. This process will permit the developer/owner to sell the individual lots for residential and commercial use. TOWN OF ORO VALLEY 7OUNCIL COMMUNICATION Page 3 of 5 Surrounding Land Uses: Orientation: Zoning: Land Use: North R-6 Multi-family Residential Medical Office building South R-6 Multi-family Residential Undeveloped Land East R-4 Townhome Residential Oro Valley Townhomes & Valle de Oro Townhomes West C-2 Commercial District & Commercial: San Jose Plaza R4-R Resort Resort: Undeveloped Land ANALYSIS OF OVZCR 22.6B DEVELOPMENT REVIEW CRITERIA Per Section 22.6, "In considering any application for development review, the Development Review Board shall be guided"by a specific list of criteria when deliberating. The following is a list of noteworthy criteria (in italics) followed by staff commentary: 1. The Development Review Board shall examine the application to insure that all provisions of this Code and all other Codes, master plans, general plans and standards of the Town shall be complied with where applicable. A. GENERAL PLAN COMPLIANCE 'eneral Plan conformance was analyzed and applied to the site design as part of the preliminary plat/development plan review processes. B. OVZCR COMPLIANCE All site design issues were resolved as part of the preliminary plat/development plan process. The proposed final plat is simply overlaying internal property lines onto an approved design. The proposed final plat is in conformance with the OVZCR, as determined as part of the preliminary plat/development plan review processes. D. ENGINEERING REVIEW Staff has found that all engineering related Zoning Code items and other engineering comments have been corrected and/or addressed except as noted in the Exhibit "A" Conditions of Approval. This final plat conforms to the approved preliminary plat. In addition, engineering staff finds that all property lines as presented on this final plat are surveyable in accordance with local and State code. 13. All components of a development shall be in compliance with Addendum "A"Design Guidelines. A. OVZCR DESIGN GUIDELINE COMPLIANCE he proposed final plat is in conformance with the OVZCR Design Guidelines, as determined as part of the preliminary plat/development plan review processes. TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 4 of SUMMARY OF FACTORS Factors For: • Thero osal is an infill development on a site where the natural terrain and vegetation has been severely p p disturbed. • The ro osal would provide an efficient use of the land and proposes office uses next to abutting office p p uses and small lot single-family detached homes next to single-family attached townhomes. • Thero osal meets the provisions and standards of the General Plan, OVZCR and Design Guidelines. p p • The proposal would minimize view blockage from the homes to the west by limiting adjacent lots to one-story homes and through the use of landscaping along the western bufferyard. • The site plan provides a cross-access roadway to the property to the south, if the Town approves a grading waiver and a Hillside Development Zone (HDZ) variance for development of that property within oney ear from final approval of this project's final plat. The Applicant feels that if the grading exception and HDZ variance are not granted by the Town within the year, it probably will never be granted and the secondary roadway could not be provided. In such a situation, the Applicant would convert the land which was to be devoted to the cross-access roadway(Lot 13 on the plat) to a buildable lot for a single-family detached home. • ADOT has approved the proposed single, "right in&right-out"only access roadway. • Thero erty will be maintained by both a Homer Owner's Association (HOA) and a Property Owner's p p Association (POA). • The plat entirely conforms to the design approved as part of the approved preliminary plat/development plan. a Factors Against: • Although ADOT has approved the single-access roadway from Oracle Road, there are some concerns. Specifically, residents, workers and visitors to the site, particularly during the peak a.m. and p.m. periods, may find it difficult and frustrating to access Oracle Road from the site, due to the volume of traffic on Oracle Road. Due to the terrain of the property to the south, a cross-access roadway from this site through that property to signed El Conquistador Way is not assured. The Development Review Board was concerned with the safety of the single, "right in & right out" access roadway in relation to the high peak hour volume of vehicles traveling Oracle Road. SUGGESTED MOTION The Town Council may wish to consider one of the following suggested motions: I move to [approve, approve with conditions, OR deny] OV12-03-09, T.J. Bednar, represented by Leadstar Engineering, request for approval of a final plat. Staff recommends any motion to approve be effective upon satisfaction of the conditions listed in Exhibit"A". TOWN OF ORO VALLEY '20UNCIL COMMUNICATION Page 5 of 5 Attachments: 1. Exhibit "A" Conditions; and 2. Final Plat. / ` 1",(6,<sL._ 4-, ' S.rah S. More, Planning a t • ing Director iC Cr *g Civalier, Town Engineer •-42/ Jerene Watson, Assistant Town Manager /0--1 A-4 ku4/At,,, Davi Andrews, Town Manager CC: Vocky Redstar T.J. Bednar r ax: 571.1961 Fax: 293.8567 F:\OV\OV12\2003\0V12-03-09\Reports\final plat fr EXHIBIT "A" OV12-03-09 Villa Milagro 1. Revise General Note #2 to show that the final plat meets the OVZCR Section 23.7 D 2 Open Space requirements of thirty-five percent (35%), not ten percent (10%). 2. Address all redline comments as indicated on the redline final plat. Return the redline set to the Town of Oro Valley with corrections denoted. These comments include the following: a. Line L8, L9 and L10 do not correlate between the final plat and the closure calculations. Applicable closure sheets have been attached. b. The length of radius for the western most boundary/property line does not match closure report. c. Clarify line/curve segments in the vicinity of lots 14 and 15 as marked and commented on in the redline set. d. Add plat"tick" marks to delineate intended line lengths which span more than one segment. 3. Add the Preliminary Plat notes 6, 7, 8, 13, 14, 15, 17, 20, 21, 27, 29, and 33 to the General Notes section. F:\OV\OV12\2003\0V12-03-09\Reports\final plat r k ENGINEERING = t 1.77:77-7777:77. A. Civil Engineering•Land Development•Community Planning s 1 II 11 SP 0 (',,u7 11 i September 19,2007 R Town of Oro Valle Y Community Development Department 11000 N. La Canada Drive Oro Valley,AZ 85737 Attn: Pamela Pelletier Planner RE: VILLA MILLAGRO, Lots 1-28 Final Plat/OV12-03-09 Leadstar Project#6105 Dear Pamela: In response to the comments received from you dated 2/13/07, we are requesting to forward the Final Plat for the above referenced project to Town Council as scheduled for October 17, 2007, since at the Improvement Plans are now in an "approvable State", per Town Engineer. • If you have any questions, please feel free to contact me at 405-3846. Sincerely, Leadstar Engin .ng Company, LLC W.« ti-.sar, Consultant .nsulting, LLC for Leadstar Engineering. L:.wROJEC1S\L6105\FF6105\fP6105_01.dwg Plotted. Jo II,2007 4vt, � m ��2 m �➢ ^ a Z --Imm� � 'V O D O^ O A O-rnV N $ R� < AD „ < rn `J !!I! O� � � O 1OZ Y � "� �p � DN � � � v�a � �mN>B� ��_r+1-i. TI S I �5� f o 1'Tl Nm Im -� ^' 54Ari~ �'i+ om , v, Dp,m - : n y,Ie �r�. S oca�- = N � � Z4` ? aN � 7C N � �rx-,m �'�cliina� ��oGSz$$ � a�i� �r3'rnnZ' r� �� '� IT1 `-viz ! ! 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A�jfA04CIt,N :ON,W$ mNW J Oui . ... fTl-•► wao rn ® �Y��, �N N z i' T ' O = A•p A V,, V,N V N N N N N N j N 5 N i N•�N j N N u.p M -00�� ' - V �j W N �1 01 OI COQ Ct Ou U A p�fJ�1 pU VI A J O U l0 OI N()t A A Q�A O CL T 0D -'Z C, trJ m VA.e:CSI.O O tAl.,.A N O ON N O O O A VA.N O'OJi t00 CNI.W VA.''$10 O.:ON,O �D a°v V.$ V 19.7 O 1 I� MCO • • TOWN OF ORO VALLEYJ COUNCIL COMMUNICATION MEETING DATE: October 17, 2007 Saw TO: HONORABLE MAYOR& TOWN COUNCIL FROM: Philip C. Saletta, P.E., Water Utility Director SUBJECT:Appointment of Richard Davis to the Oro Valley Water Utility Commission. SUMMARY: Using established procedures as outlined in the Town Council Policies and Procedures, The Interview Committee interviewed four candidates of the seven applicants that applied to serve on the Water Utility Commission (WUC). The Interview panel consisted of Councilmember Gillaspie, WUC Chair Dave Powell, and OVWLJ Director Philip Saletta. All interviews were conducted on September 24, 2007. The committee unanimously recommends that Council appoint Mr. Richard Davis to the Water Utility Commission with a term effective from October 17, 2007 through June 30, 2010. Mr. Davis will serve at-large on the WUC filling a position recently vacated by Mr. Harold Vaubel. Mr. Davis has a background in landscape architecture and irrigation. We will also be asking Mr. Davis to serve on the WUC Public Information and Education Subcommittee which includes water conservation. Mr. Davis's application is attached. In addition to Mr. Davis, three other candidates were interviewed. Based upon the interview of those candidates, if another vacancy comes up on the Water Utility Commission, staff will recommend Mr. tilitior John (Chuck) Hollingsworth and then Mr. Robert Milkey to serve on the WUC. In addition, during the first quarter of next year, OVWU will ask the Town Manager to appoint citizen representatives to the Renewable Water Resources Subcommittee. We also plan to recommend both Mr. Hollingsworth and Mr. Milkey to serve on that subcommittee. The current members on the Water Utility Commission are: Member Representing 1. George Calabro Turf 2. Brent Egbert Commercial 3. John Hoffmann Residential (Town) 4. David Powell At-Large 5. Elizabeth Shapiro Residential (Countryside) 6. Winston Tustison Residential (Town) 7. Richard Davis (If appointed) At-Large ATTACHMENTS: Seven applications to serve on the Water Utility Commission. TOWN OF ORO VALLEY Say COUNCIL COMMUNICATION PAGE 2 OF 2 SUGGESTED MOTION: I move to appoint Mr. Richard Davis to the Oro Valley Water Utility Commission with term effective October 17, 2007 through June 30, 2010. Philip C. Sal tta, P.E., Water Utility Director avid Andrews, Town anager • . .,.._. _.•, ,., it,WM:;. ttl,--z.,:v.,_;.ie-z,,,,,,„*_„-_-.J,- 1.7.7--'7 ,-;-=-4-r:' _ . ORO VALLEY VOLUNTEER APPOINTMENT APPLICATION Dear Oro Valley Citizen: We appreciate your interest in the Town of Oro Valley. This informational form,when completed,will allow us to quickly process your application. A list describing the Town's Boards and Commissions is attached for your reference. Information reflecting the procedures surrounding the appointment process to Boards is also attached. Your application will remain on file for two years from date of receipt. Your supplying this data will greatly assist us in understanding how we can best use your talents and experience. We thank you kindly for volunteering to serve the Town. Please note: No volunteer shall serve on more than one standing Board at any time and must have resided in the Town for 1 year. Please return to the Town Clerk's Office,11,000 North La Canada Drive,Oro Valley,Arizona 85737. Name i2M v iPie,iii4 -.0 Last First Middle _ / , Addressf -, . - - Street City State Zip' Home Pho' , , ,, Y isiness Phor.. _ Email Number of Years in Oro Valley /$T --I-" (Must be a resident of the Town for 1 year.) Signature7 ,..//2/421,,Pf,a, Date ;3-A/D 7 Please indicate the board or mmission ou wish-tojoin'.ider thiti 1� ----,\ ,: /%m19','S rL - Please list your volunteer services in Oro Valley and with other organizations i cluding any boards or commissions on which you have served:(board/commission civic,educational,cultural,social,etc.) i 4 4' A. A Z '' a . ® ^ //t- • TEI5C2) ,Z.,65 77. 0,Wei-zir ' ff , & x/49�,f Pic A7F-P/Kbeki\i<f2--- ' 1, 2-.1j1,6e0 f22(d/leiva. el," fifc ,ri)ezi 5 !RR"619 fl ii 4 rv.54.-4_r 7� j44 e f'i ',Li Zow does your previous volunteer service prepare you for the board or commission appointment for which you have applied? Please P P P describe an issue considered at a meeting of the Board or Commission for which you are applying. _ 1A\I r - Nist e 1 a ,,p. 6". in1 r 1410 , ' kVt. i SV Proic cV ilAa" -11 ---00 Wes,---lk-- `1-f--0(.,,,37--- APoriTeP 1F-15 &c,_____(A_. d1 ( Jt AIA -5 to . - - -• ^,K4 A..- -u °` - c\C`. fFt c tN-4,-, 1/4)._c-koT-C APT-TE,k_-: IN QV-0 --'0,_ ."-4....z,_ 1 ' ''.. l'i,AatC7c - . =Have_ ou aitended-the Citizens: Tanning Institute'? �c' Are y_ou ,willing to attend? VIS' Briefly describe your educational/vocational back a ound.c A: _ 7 � -, Al 4cM7 ' �e;i 0,- 4ci • / -" 1,, . _ " - . /Al e A-1,1 ff--ev/A; Ir'-gt A d V-4-6-i f/bAled MAthio-- -r- -folz At 4 AtIA roF- *F-4i ki ---f7 7/z Cr_f PP6a) t l IF bE IRED,ADDITIONAL INFORMATION MAY BE ATTACHED WWW townoforoval ley.cor 4/18/06 10-- ,, 6-0<ltAutt4ip el9lbA-11.04 1 A t' • 6 - 4 . t-Fpetivi-Lc‘i, R-- --cc,4v-itt)i, AkikikiA-t— _________, (...0-t4c-,,&IZ=.---11::vc.,-ZS ---)ake-ri *3s,F..... (4.- L kij Ps-r -- CW".Pt A,: , s ' / 14\t"Tt. 4 CCji '1' 643(\x.r_zr_<.,---Atic.7 ; /-4.-qz.t cA-Ki 5,:c..tc-79 e)f.-- CA Ki,r, (jp,.. AP ct-i-CKCT15) Lit tvt i .1 _ .� fArraf---0- 4-F---c--, .,mss`.:� . : �-�z' ''-- --VC� ��, �:�� rptc _- I ig i&A_po&L CO pj 5-0 L / P A�.. Rick Davis Area Specification Manager Rain Bird Corporation Rick is the Area Specification Manager for the Desert Southwest Region of the Rain Bird Corporation, serving Landscape Architects and Irrigation Consultants in the states of Arizona and New Mexico. In this role, he is active in not only the American Society of Landscape Architects, but has served the American Society of Irrigation Consultants for the past 17 years and is currently a member of the Board of Directors. He holds a bachelor's degree in Landscape Architecture, and is a licensed Landscape Architect. His broad background in the landscape industry, with over 15 years experience tin the arid Southwest, has given him a good understanding of the soil, plant, and water relationships necessary for a healthy landscape. Living in Oro Valley for theast 16 years, he has carefully followed the water supply verses demand p issues in Pima County, and has seen the potential for water savings grow with double digit population growth of the area. Because of his commitment to the g landscape industry, he spent many long volunteer hours helping to develop the Arizona Department of Water Resources "Model Landscape Irrigation Ordinance for Southern Arizona". Aug. I. 1UUl j:VirlVt tn, IUCSOn INV. VJJJ I 2o'1 -1 , 44, Cvpl.iY419Q. . c, 0 4 ��:� l� rn i :ii -i-• �- ki, 1 !i 3 ,"{ ,,...„.,:,..„r„..1„,:E •Zro .1h 1 020 VALLEY VOLUNTEER APPOINTMENT APPLICATION Dear Oro Valley Citizen: - We appreciate your interest in the Town of Oro Valley. This informational form,when completed,will allow us to quickly process your application.tion. A list describing the Town's Boards and Commissions is attached for your reference. Information reflecting tht procedures surrounding the appointment ointment process to Boards is also attached. Your application will remain on file for two years from data of receipt. n Your supplying this data will greatly assist us in understanding how we can best use your talents and experience. We thank you kindly for volunteering to serve the Town. Please note: No volunteer shall serve on more than one standing Board at any time and must have resided in the Town for 1 year. Please return to the Town Clerk's Office,11,000 North La Canada Drive,Oro Valley,Arizona 85737. 11 1 tit)if" 441 a Li wi 14 iC it 0 G k )d Name Last First Middle Addressv �,• Street — City 'State Zip Cd,) . Home Phone, usiness Phone __ Email _._ - _ . _ Number of Years in Oro Valley 3 (Must be a resident of the Town for 1 year.) Signature . ja'ff- C"----- Date 7.- 31— commissionyou wish to join: ul u i• Li 4..• II" 4-ir Please indicate the board or P l eas e list y our volunteer services in Oro Valley and with other organizations including any boards or commissions on which you have � served:(board/commission,civic,educational,cultural,social,etc.) ,/ � 7'S ti 4 l4-�'ri.,a L c, ,- - - 1,'� ',v P.� 1 l3 o S G a .) c... M eacir 11 1,,x r — ' f -4-1'ce v.,. f30,4 r-J OO/1 e r• 10 ie - Co r n u s -I-0 fry G ai, Ste, previous Howyour does volunteer service prepare you for the board or commission appointment for which you have applied? Please describe an issue considered at a meeting of the Board or Commission for which you are applying. , r h •P .. t ..0, J Y 1'-•lCr: MUg. I. LVV/ J. VJi Hi LLV i ut, ii Irv. V).1) I . L PE, RLSJ. Chuck HoHingsWorth, PRESIDENT r X. Background: `.%1- _= Mr. Holhngsworth has more than 30 years of experience in civil and .\) , 'U�,. Kt He specializes in the planning and design4 : . � environmental engineering. p p � ' experience in water resources .1/4�� i..q, .of water and wastewater s stems. His includes design of wells,pumping plants, storage tanks, and _ distribution systems. His broad based experience in water and ,:,.:4 utilitysystem planningand engineering allows him to wastewater y g =344: effectively rovide total solutions to sanitary and civil engineering .� :: .-.,m- problems, while meeting or exceeding all environmental and regulatory ., . constraints. . 4 Education Employment History: • M.S.,Environmental Beckerman Engineers, Glastonbury, Ct. Engineering,Polytechnic 1973-7 975, Engineer, Luchs and Bec 9 � 'University of New York,1975-'1980, Engineer, Citizens Utilities Company, Stamford, Ct. 1979 1980-1985, Project Manager, Cella Barr Associates,Tucson,AZ. . 13.5. Civil Engineering, 1985-1987, 9 Office Manager, Planning Research Corp.,Tucson,AL g g University of Connecticut, 1987-Present, CEO, Engineering and Environmental Consultants, 1973 Tucson, AZ. Registrations Relevant Project Experience; • Professional Engineer (Sanitary),Arizona, 1991, Marana Water Master Plan (Town of Marana)—Prepared a Water #13695 Master Plan that evaluated key factors influencing the potable water • Professional Engineer(Civil), supply 1 for the town over a twenty-year period. These factors included: Arizona, 1979,#19229 Existing andprojected'ected water demands, existing and future water • Professional Engineer(Civil) sources, quality, requirements, and existingCalifornia,#C50204 (lapsed) quantity, cost, regulatory r q • Registered Land Sui veyor, municipal and private water systems, Arizona, 1994,#16838 • Registered Environmental Water System Needs Study(Davis-Monthan Air Force Base)— Manager,Nevada,#EM-0017 Conducted a water system needs study, including test drilling for new (lapsed) water wells and expansion and modeling of existing distribution and • Certified Water Treatment storagePlant Operator,Arizona,system. #02997(lapsed) Avra Valley Potable Water Well Modifications (Tucson Water)-- Affiliations Provided design services for this project to raise the well head and • Arizona Society of ancillary equipment uipment approximately 3.5 feet above existing grade, in Professional Engineers order to raise the well above the floodplain. • Arizona Water Pollution ° Control Association • American Water Works Tucson Water Reclaimed Chlorination System (Tucson Water)— Association Project Principal overseeing the preparation of design drawings and • souther,Ana Water services during construction for new sodium hypochlorite disinfection Resources Association systems at Tucson Water's reclaimed water facility, • southern Arizona Y Environmental Management (TucsonSociety Redhawk Reservoir and Booster Station Design Water)— Performed engineering design and design coordination for a 2 MG AI ilk -- potable water reservoir, 3,000 (3PM booster station, and controls IIII II designed to City of T ucson/T ucson Water Standards, S yi \}✓ I ti • lokopy ORO VALLEY VOLUNTEER APPOINTMENT APPLICATION Dear Oro Valley Citizen: We appreciate your interest in the Town of Oro Valley. This informational form,when completed,will allow us to quickly process your application. A list describing_the Town's Boards and Commissions is attached for your reference. Information reflecting the procedures � surroundingappointmentprocess the to Boards is also attached. Your application will remain on file for two years from date of receipt. Your supplying_y this Qdata will greatly assist us in understanding how we can best use your talents and experience. We thank you kindly for volunteering to serve the Town. Please note: No volunteer shall serve on more than one standing Board at any time and must have resided in the Town for 1 year. Please return to the Town Clerk's Office, 11,000 North La Canada Drive,Oro Valley,Arizona 85737. MILKEY Robert W, Name Middle Last First Address Street City State Zip Home Phone ` Business Phone Email - 14 months e a resident of the Town for 1 year.) (Property Owner in OV since 8/05, Number of "e. 'n Oro Valley Must b FT resident since 7/1/06) •i gnatur Ada ,AK•�-` Date` Ace _Zee `7 Water Utility Commission - per Attachment Please indicate the board or c e ion you wish to loin_. Please list ti our volunteer services in Oro Valley and with other organizations including any boards or commissions on which you have served: (boardicommission.civic.educational,cultural.social.etc.) My volunteer service ice since moving to Oro Valley has been as one of OVPD's Citizen Volunteer Assistants. I have patrol training for and office duties and in the near future will be taking over the administration of the dark house program and database. This would be my first board service in Oro Valley. volunteer serviceprepare you for the board or commission appointment for which you have applied? Please How does your previous describe an issue considered at a meeting of the Board or Commission for which you are applying. Please see Attachment B Yes-I hope to attend the next �, No Are you willing to attend? offering whether or not appointed to Have you attended the Citizens Planning Institute? - this vacancy Briefly describe your educational/vocational background. Please see Attachment C IF DESIRED.ADDITIONAL INFORMATION MAY BE ATTACHED tivwx.townoforovallet.conn 4/18/06 • I ' Attachment A PRESS RELEASE TOWN SEEKS VOLUNTEER FOR WATER UTILITY COMMISSION July 17,2007 The Town of Oro Valley is accepting applications from interested parties to serve on the Town's Water Utility Commission. At the present time,there is one vacancy available for an individual who has knowledge of water related issues, specificallyconservation. Applicants will need to be residents of the Town of water . Oro Valley. The term of this appointment is through June 30, 2010. The Oro Valley Water Utility Commission is composed of seven members who advise the Town Council on all issues relating to water, including water rate structure, capital improvements, reclaimed water, and public education. The Water ter UtilityCommission meets on the second Monday of each month at 6:00 p.m. The applicant selected for this particular vacancy on the Oro Valley Water Utility Commission is required to be a resident of the Town . Applications for the Water Utility Commission are available from the Town Clerk's office at 11,000 000 N. La Canada,or by phoning 229-4700. The forms are also available for , download from the Town Clerk's website: http. www.towneforovallev.com w.towneforovallev.comTc��1�nClerk:oro_valleti citizen �-olunteer_app.htm. The . _ deadline for submitting the completed application is August 31,2007. Questions regarding the Commission and its duties may be directed to the Oro Valley Water Utility at 229-5000. Interested citizens may also visit the Water Utility's website at: httpNA-ww.townoforovalle' .coy\ 'aterUtility FOR IMMEDIATE RELEASEFOR FURTHER INFORMA-TION,CONTACT TOWN CLERK KATHI CUVELIER AT 229-4700 1 � Water Utility Commission Application—R. Milkey Attachment B My volunteer service in Oro Valley has not directly prepared me for dealing with water utility issues. As a member of OVPD's Citizen Volunteer Assistants Program (CVAP) I have gained a considerable knowledge of Oro Valley geography. businesses, subdivisions, and location of �. water utility facilities. I have also demonstrated commitment to volunteer service with the town and the willingness to follow through with training. I feel that my education and professional experience has provided ample demonstration of my ability to learn quickly and to master P complex technical and managerial problems. My«� ife and I chose Oro Valley for our retirement home after considerable investigation of the � communities in the Tucson area. We had lived in the Tucson area from 1971 until 1980 and ' in 1982-83 prior to moving to the east coast and had always wanted to return when the again 'ty presented itself. We concluded that Oro Valley was a well managed municipality of opportunity� the type in which we wished to reside. and we are committed to do whatever we can to assure . P that this is preserved. Water is a p recious resource in the desert southwest and if we are going to support continued growth and the lifestyle to which we have become accustomed it will be necessary to continue to seek additional sources and aggressively pursue conservation measures. It behooves the town to develop and enforce rate structures which provide incentives for the consumers, both residential s. to behave in a manner consistent with the town's plans for the water utility. It will and business. also be necessary to continue to seek technical solutions to water issues. Observing meetings of the Town Council. I have been impressed with the seriousness with which the town is approaching this problem. Water Utility Commission Application—R. Milkey Attachment C If selected I will bring a strong technical and management background to my service on the Water Utility Commission. I have had some involvement in water issues in the past and am more than willing to learn whatever would help me discharge these duties in a responsible manner. Education BA with honors in Physics, Amherst College 1965 PhD Astrophysics. Indiana University 1970 Additional. non-degree.training in government contracting, business law, financial management, and program management Employment Executive Officer(CEO). American Astronomical Society 1995-2006—I had overall responsibility for operations of a not-for-profit [501(c)3] scientific scholarly society. Associate Director. Space Telescope Science Institute 1984-1995—I was responsible for Program management of scientific and engineering operations preparing for and .. subsequently operating the Hubble Space Telescope. Staff Scientist. AURA. Inc. Corporate Headquarters 1982— 1984 Assistant Director. Institute for Astronomy, University of Hawaii 1980-1982—This included operations of all infrastructure support for the Mauna Kea Observatory. Assistant Direct or of Administration. Kin Peak National Observatory 1979-80—This position included oversight of contracting operations, especially those supporting facilities on Kin Peak and in Tucson. Various positions at Kin Peak National Observatory 1971-1979 Additional Relevant Experience Service on the Board of Directors for two not-for-profit scientific associations, the American Astronomical Society. and the American Institute of Physics, eleven years with former and ten years with the latter. Specific experience with water related issues: 1. Provision of water for the University of Hawaii facilities and other tenant facilities was part of the infrastructure operations at Mauna Kea Observatory. Mauna Kea is a 14.000 ft. dormant volcano and there is no water available on-site. At that time all water was required to be trucked from Hilo. thus intelligent use and conservation were essential. (Water delivered to the summit was priced at 320/gal.) Conservation and control measures had to be instituted and enforced for both the summit facilities and for the residential facilities located at the 9,000 ft. level. At that time we were also planning a new residential facility(subsequently constructed) and capture and reuse of water was included in this plan. 1 t Attachment C—Page 2 2. Kin Peak Observatory-acquires its water through capture of precipitation runoff, storage. and treatment. I had peripheral involvement in this system through the need to provide procurement and contracting support to the managers directly responsible for the site. 11110 rt • 1 I T _ niI _ rte' 1 w Th TOE)ORO VALLEY WATER UTILITY COMMISSION APPLICATION Prospective Oro Valley Water Commission Members: Thank you for your interest in the water planning and service activities of the Valley Water Utility Commission. The volunteers who are appointed to the Commission will be joining a group of citizens dedicated to assuring a permanent supply of the best quality water available for present and future generations. The Commission and its subcommittees will meet once or twice a month dealing with the basic fundamental issues including those in the checklist below. Please complete this application and return to the Town Clerk's Office, 11000 N. La Canada Drive, Oro Valley, Arizona, 85737-7015. Name -. tt/ i /le/— Last First Middle 1 % , / / . Home Address _ l • a1 y r 1/ r / Business Address , _ _ _ - - Home Phone Business Phone _ ` , , , , FAX _ _ J %IP Number of Years in Oro Valley 7 717-2"/ Signature ate Please check the Water Utility Commission activities in which you would be most interested and a short statement of why below the checklist. Water Utility Commission Capital Improvement Program V P P g Budget Review and Recommendations g Revenue Requirements and Rate Adjustments System Development Water Resource Development Information and Education State & Federal Legislation Regional Water Issues/-1; 1,4) 4/- vi L d/ J _d/- ` l `�`'� � .�� '; . ,,.• ( / vi Now wcodmod.app/6.96 ORO VALLEY WATER UTILITY COMMISSION APPLICATION Please list other community, civic, professional, social, educational, cultural or athletic organizations you have been affiliated with, length of time, any office held, and any achievement in those organizations you feel are noteworthy. 4 1--" 7?"-,4 71 �15f4A 1_,41,1:Le.1 1/4_1 What do you consider your highest responsibility, skill or achievement; professionally and/or personally, and why? z. 227-t) 1/2-t/ •iie:/riy,k,75v., ,, :' •' •s i l J it : • - --/ 0,g,• . dly , ;ARM, Yr / g/fil-Ki_ Az. 9ii'd J • VO ill-fraL______&1&r f� f _/5 11 f art V � C, wcodmod.app/6.96 ORO VALLEY WATER UTILITY COMMISSION APPLICATION 3 EMPLOYMENT Please list previous employment. List your last or present employment first: Dates of Employment Company Name & Address 1. 017 -- Ais-4//: / A , 2. / 1..5� `- rj 3. JIcz rve, Les-. /11-ei-1/e" 4. gf 5 19 5 &J-4 Orpfl-//7/gt A) /q7'./n „Lie /0/ List Position & Job Description in numbered order as listed above. 63,4)",("4.-,"eig-iii,--a-'07Cht - I-7;410* 4 1 C fr/Prir-,/.1 op i-Xiz r),-7?3 r . 89'it t-71 kb' • is /-4 6-e, /2.(- e • wcodmod.app/6.96 • ORO VALLEY WATER UTILITY COMMISSION APPLICATION 4 EDUCATION Briefly describe your educational background: Institution/School Degree Received /f\o--1_,42 4-13 f L�/ Area of Study in numbered order as listed above: #e-A7/ Other fields of study, professional institutes, training program, etc.: IF DESIRED, FURTHER INFORMATION MAY BE ATTACHED wcoamod.app/6.96 Howard A. Richmond II Tucson, AZ 85737 Re: Water Utility Commission I have been interested in water issues since the mid 197O's when the town we lived in experienced a severe drought. At its height, the water supply in the reservoir was down to only two weeks, assuming the bottom of the reservoir wasn't too rocky. When you get to thatosition your interest in water becomes intense. When we lived in Dallas from position 1996-2001 I was able to get the support of the City ad the newspaper to regularly publish the water levels in the various lakes that surrounded the city and which were the source of its water. After reading Cadillac Desert and its description of the water wars of the west my interest has only intensified. We are currently in a long-term drought, which could significantly impact our way of life in the Sonoran Desert. The Ho Hokum people had to g Y P abandon this area due to drought and the same could happen to us if we are not careful. CAP water is not the automatic answer to our needs since the state is a junior partner in the Colorado River agreements due to our political shortsightedness. We really have to keep our collective eye on the water ball for the long haul. v . - ., 7 j ; F VIAY Lz; 0 2007 ORO VALLEY WATER UTILITY COMMISSION APPLICATION Prospective Oro Valley Water Commission Members: Thank you for your interest in the water planning and service activities of the Valley Water Utility Commission. The volunteers who are appointed to the Commission will be joining a group of citizens dedicated to assuring a permanent supply.of the best quality water available for present and future generations. The Commission and its subcommittees will meet once or twice a month dealing with the basic fundamental issues including those in the checklist below. • Please complete this application and return to the Town Clerk's Office, 11000 N. La Canada Drive, Oro Valley, Arizona, 85737-7015. Name S'(---,17111_0}^--1- P r Of ii a, Last First Middle I !_. , Home Address _ _ ��_ . c Business Address Home Phone usiness Phone FAX Years in Oro Valley of 3 7 • . _ . .44 _, , - --.44(....A.Iirv.• - • . 6-/c)25-- o 7 . i nature Dat Please check the Water Utility Commission activities in which you would be most interested and a short statement of why below the checklist. Water Utility-Commission ' Capital Improvement Program Budget Review and Recommendations Revenue Requirements and Rate Adjustments ment V Development p Development Resource D pment 'Z Information and Education 1/ ,/ State & Federal Legislation V Regional Water Issues iili ma' - & ' # • ' . 0 L.!Id. ht. _r f=14;y fly P aSy 40 . -i-cic. /AID 6 t ' Der a' '' . . ar -- s , a . r/. f ` -r-. 5,4/ 1 L c. --R - ? R' I . _ 1As. •I is _SUSS' - ?a ' it. - . L'edt4Cal;C r r ' . As C /ia'A < / r ' 11 .■ ! ' IL I IJ ''1 Gil Ct , s // e/P Of b. a .a , J AtA . - CI 1 ropi rit 4---eciiri, r a( js,cu e c - --1-n mow .. , ---P nc en;hallevt--,-40 441e- p al h) ea-cy- - e JQ I Co rYt PI;5.3 1 G iii.-/ Vt ok`-t-:, ,. -7`-i t)Iy71>ar-I-;GJo a/Apt co iriri i,t1-471 iiti -li wcodmod.app/6.96 }lierevia-e-i-, r ORO VALLEY WATER UTILITY COMMISSION APPLICATION ? Please list other community, civic, professional, social, educational, cultural or athletic organizations you have been affiliated with, length of time, any office held, and any achievement in those organizations you feel are noteworthy. (5/h e d ; 0 h cc. C C Yrtrie.4-e-Gi J i IN eAb a OS t7-7 A / ni - 4- •r _ t sa • < / C - A . et'. f2. 4%7"x .--h1-, t. G4 0 0 - . r[. 7< t-z p r D i^Ct Imo. • /74 67);1'Yl CO• e i"Y1{r?C'-i'et4 1 C. 01, S` e c t GL((-1 r ktP 1 Y- V i-' Li ‘ c. 1 • a .4 nr 1 in •/1 ` -f- 1 t `G - • 0 am . _ _. 0 a. _ YO)(A 1'14 PAr' orb r-;:d I dC,'1--) C OC)-Sc-;------71 ;- 4-- skcOrt 1 , Pb; - ---a i i 'tv i) here_. may,, 1V ykiV-Ai(.i 1 rarI Coei---e��c-1 , reci t . /A•_, IPA .i■ ,,a . - i ; l ; i ) f k- ,W h 0,C) P dt - �uei-rt esu,Z) - ei-rf-i,s--1) 0. 1 4 k-7;h i�-_ -,i _. 4 f • I• . - . r_ r - , .- . . • . l'~j�`i �`' ri` 04 at i^PaS What do you consider your highest responsibility, skill or achievement; professionally and/or personally, and why? 14-___c a_ Ipi-c-kc--4 C;it a NY-C -A1s p or;al i z I h -ra IA' / I /11- L :Nr a .. . ♦ 0.. - / - _S !, 1 ii 1 ! C "�./ I. 0 t Aril e, Chg0 rr c l C -Ji-,,s Lbfr-1. Jef f i .a s • " affr' _ s.h. ' - Ate6.'` `)r , - --�-�h - - ea - «. k. ._f / + `2 - J c" Air !I. - _` 12. S r ►'a-/a CIOLe r'' —1-----)---7, T i ,c.eta'-i7 iA ro,- r-o-l / - 1 .:AL. / t`,I.ei r y J 2 • )- I 1_ . - - 0 t A ., 0 et e_E'1 rife_pi w -, ,I---- wcodmod.app/6.96 • - r • ORO VALLEY WATER UTILITY COMMISSION APPLICATION 3 EMPLOYMENT Please list previous employment. List your last or present employment first: Dates of Employment Company Name & Address 1. 4 At Akio?". 11/� 2. J3T7LJC15 m r n de,ll Al 3. )975—/9.77 ShRw S`ixi/h N1/C ltd .V ar"ne-s'. G o-ptsa n - - 11-1 N C Al V 4. ig5Y----) 5. • List Position & Job Description in numbered order as listed above. . 1Shical—k&Lsighass- Joah Cks;i:y. ,STP,r; ks--/ •a c)a-1;027- be-LI:eft 4 Ad a 1-2-72`n;5-1y-a74 3. CZ C 4. . < <.• 01 "14 ed)K. I sI K iPYI� _ � � 4-tm!, 3 P I wcodrrmod.app/6.96 r u ORO VALLEY WATER UTILITY COMMISSION APPLICATION 4 EDUCATION Briefly describe your educational background: InstitutionlSchool Degree Received Un1vos).� BA "lam • orrne•1/ rooI I LID J 93'8 • Area of Study in numbered order as listed above: %IP �r1 ria ' ' 14 w c a_ 1 • r ci f � . c_ " / (x_ca_irZ I ►, _1-7 /. II I C.X ' r); ,<�-�r-`0 t V e, )'11k) Other fields of study, professional institutes, training program, etc.: a - . lc_ • _ e.) _ ujir+ — per-7-cl/n r3a ) 1 is t f • . >• 111..► - �. 1 f- I fri h C— -.>. s• �. gri -- tk U e1 -77 a �' • Cwt • _ ►(.'s i< - < A • C 110 IF DESIRED, FURTHER INFORMATION MAY BE ATTACHED wcodmod.app/6.96 %,..v r ,. L e_. ORO ALLY VOLUNTEER APPOINT3 Dear Oro Valley Citizen: We appreciate your interest in the Town of Oro Valley. This informational form,when completed,will allow us to quickly process your application. A list describing the Town's Boards and Commissions is attached for your reference. Tuformation reflecting the procedures surrounding the appointment process to Boards is also attached. Your application will remain on file for two years from date of receipt. Your supplying this data will greatly assist us in understanding bow we can best use your talents and experience. We thank you kindly for volunteering to servethe-Town Please note: No volunteer shall serve on more than one standing Board at any time and must have resided in the Town for 1 year. Please return to the Town Clerk's Office,11,006-North La Canada Drive,Oro Valley,Arizona-85737. . — ..F.::37;e6„, sai\liol-L.--/i ._. -fl/4 Name '71:0614.4e—b-/1/4) Last First Middle Address -V' - ., -_- - v - - - Ct Cit f State Zip- - .Home P . _ ,_-_.__ss offe' - - Email — L„� , f Number of Years in Oro Valley (Must ust be a resident of-the Town for 1 year.) Signa e Ak - aim Date ôe /3 c1- 'lease Wig . MI indicate t board or commission you wish to join: t4A--rRP , /IL e ix i 1 1-44,-) , vio Please list your volunteer services in aro Valley and with other organizations including any boards or commissions on which you have served:(board/commission,civic,educational,cultural,social,etc_) How does your previous volunteer service prepare you for the board or commission appointment for which you have applied? Please describe an issue considered at a meeting of the Board or Commission for which you am applying. attended ____________________JVC"A the Citizens PlanningInstitute? Amyou to attend? ?/ .5 Have you vTilhng. Briefly describe your educational/vocational backuound. n IF DESIRED,ADDITIONAL. .i -ORMATION MAY BE ATTACHED `�� 4.1806 . r a u `• v DON FALKENBERG ORO VALLEY AZ 85755 Now I am a full time resident (year round) of Oro Valley and.plan to reside here for the fetftflyiife I worked for a number of years for Culligan International in commercial and industrial sales position and have knowledge about water treatment issues. I know the problems and concerns that face communities with regards to water and would enjoy the challenge of working on them. I have the time to devote monthly to work on the commissions duties and have no problem completing the 16 hours of water-related training. Thank you for your consideration. Don Falkenberg \.,_ 11 . c_____ _ JUL ,r 2e-.; int .TLy� TT,� l �y.ys-J aT1, '�'=�`WW.:��'ci�;_,:„`yam?b ..----,t b. r.. ORO VALLEY VOLUNTEER APPOINTMENT APPLICATION Dear Oro Valley Citizen: We appreciate your interest in the Town of Oro Valley. This informational form,when completed,will allow us to quickly process your application_ A list describing the Town's Boards and Commissions is attached for your reference. Information reflecting the procedures surrounding the appointment process to Boards is also attached, Your application will remain on dile for two years from date of receipt. Your supplying this data will greatly assist us in understanding how we can best use your talents and experience. We thank you kindly for volunteering to serve the Town. Please note: No volunteer shall serve on more than one standing Board at any time and must have resided in the Town for 1 year. Please return to the Town Clerk's Office,11,000 North La Canada Drive,Oro Valley,Arizona 85737. Name Last First Middle Address Street _ -_. - ...._ ... City....�._.� j _ .., .. � � '„�*-�r,_ ty State Zip w Home Phone Business Phone _Email Number of s'it '• o Vi - _ (Must be a resident of the Town for 1 year.) Signa /f i - 0 • .,� -maram...... �� ,..� Date 7:-:-.��r ...�_. . ... . Please indicate Ili e bo. d • :...i ssion you wish to join:\ -'-1. _L k..L C-o ).; 1 61 Please list your volunteer services in Oro Valley and with other organizations including any boards or commissions on which you have se ed:(board/commission,civic,educational cultural,social,etc.) cPd ( rCt f_________ if /4-Meir i co,..}1 P-ci..ver/75 1- /1)s' / 5) XL C,Aiev), KT-c-,-y5e-7-)_,, 49' ..nri., • %. 1 eu,,ticed A-- 6.-/-_0119 /6.1/7 • ._ .... ._____________ ild �a AA DC-f-cc--UN il-W..4u1-4- -1-tre.1 c J r- o c;,,r c fVLo N {-eJ'r -1 i i S M?W ace Q /c $ ir C How does your previous volunteer service prepare you for the board or comnussion appointment for which you have applied? Please describe an issue considered at a meeting of the Board or Commission for.which,you are ap*lying. L Q - 4 •' ` iv ''/i 4 I t- ( Av 14'9 . S,.. Se A) ' , . N ' i a d k ' ' ,-(24),, cz;- _ A of i: -lif,r- 0 A / 4, a. • i G_ 1 - VT se ck, .. c N " atzs___. gt_,_Crz)„lfz,e,3c,, .. _,/ v10(9irk /0 /Y ? a ro eofq3 .._ Have you attended the Citizens Planning Institute? N-E) Are you willing to attend? -e Briefly describe your educational/vocational background. --- ...— k-`11/ ._ 0, c.e(i - e w.,tp k)--y•-e.e I c,,4004.4---sy -0-0 d r,,,,(0i,& ,yelc-J-,,us e4(..p.a-w 0,Nice (4 a_ ve pvi_viwavc, .710, fo - eo-,0- c„-{ - - -- -- --I--- -- --- -- 7 - pi (f...f6 - Gami -., (r IF ESIRED,ADDITIONAL INFORMATION MAY BE ATTACHE]) www.townoforovallev.com 4/18/06 TOWN OF ORO VALLEY L. K COUNCIL COMMUNICATION Date: October 17, 2007 i'O: HONORABLE MAYOR& COUNCIL FROM: Pamela J. Pelletier, Planner SUBJECT: Appointment of the following citizens to the Historic Preservation Commission - Lois Nagy with term effective October 17, 2007 through June 30, 2009 and Daniel Zweiner with term effective October 17, 2007 through June 30, 2008. EXECUTIVE SUMMARY: Interviews were held on September 24, 2007 to select two new Commissioners to the Historic Preservation 0 Commission. The interview panel consisted of Al Kunish, Town Council; Bob Baughman, Chair of the Historic Preservation Commission; Jim Kriegh, Town Historian and member of the Historic Preservation Commission; and Pamela J. Pelletier, staff liaison to the Historic Preservation Commission. Four people were interviewed. Pursuant to a request from Mayor Paul Loomis at the August 13, 2007 Commission meeting, the Commission conducted a "blind" drawing, resulting in the following recommendation for end-of-term dates for the following Commission members: Vacancy June 30, 2008 Marilyn Cook June 30, 2008 Patricia Spoerl June 30, 2009 Vacancy June 30, 2009 Salette Latas June 30, 2010 Robert Baughman June 30, 2010 The seventh member of the Commission is ex officio the Town Historian. The interview panel is recommending the following two of the interviewees for appointment to the Historic Preservation Commission: • Lois Nagy with term effective October 17, 2007 through June 30, 2009; and • Daniel Zweiner with term effective October 17, 2007 through June 30, 2008. ACTION: The Town Council may wish to consider the following suggested motion: I move to approve the following appointments to the Historic Preservation Commission - Lois Nagy with term effective October 17, 2007 through June 30, 2009 and Daniel Zweiner with term effective October 17, 2007 u h June 30, 2008. /-. 446tt_c:,.through A - , �. g (O Sarah S. More, Planning & Zoning Director Q—.,itzit,c_ ci4-U41,, Wene Watson, Assistant Town Manager tLL) 2(`'1-' 01'z-1 a-f-,e-t.e.--1_ avid Andrews, Town Manager F:\PROJECTS\Historic Preservation Commission\reports TOWN OF ORO VALLEY Page 1 of 3 'OUNCIL COMMUNICATION MEETING DATE: OCTOBER 17, 2007 TO: HONORABLE MAYOR AND COUNCIL FROM: STACEY LEMOS, FINANCE DIRECTOR SUBJECT: UPDATE ON TOWN OF ORO VALLEY ECONOMIC DEVELOPMENT AGREEMENTS (EDAs) SUMMARY: Per Council Member Paula Abbott's request, this agenda item is a summary of the current status of the Town's four economic development agreements (EDAs) that are approved for the following retail shopping centers: • Oracle Crossings Center (Approved by Mayor and Council on April 8, 2004) • Steam Pump Village (Approved by Mayor and Council on August 21, 2002) • Oro Valley Marketplace (Approved by Mayor and Council on April 14, 2004) • Oro Valley Town Centre (Approved by Mayor and Council on April 19, 2004) Also included is an update on the existing hotel bed tax rebate agreement with the Hilton El Conquistador Resort and a terminated economic development agreement from 2000 with Vestar-Athens Tucson, LLC, for the aevelopment of a Ritz Carlton resort hotel. RETAIL ECONOMIC DEVELOPMENT AGREEMENTS: Currently, both Oracle Crossings Center and Steam Pump Village have opened for business, while Oro Valley Marketplace is currently under construction with businesses anticipated to open in the fall of 2008, and no substantial development activity has yet taken place at the Oro Valley Town Centre. Table 1 below compares the developer projected annual sales totals and projected sales tax revenue from the Town's 2% sales tax rate with the actual sales totals and sales tax revenue generated from both Oracle Crossings and Steam Pump Village for FY 2005/06 and FY 2006/07. TABLE 1 FY 2005/06 I FY 2006/07 Annual Sales Sales Tax Annual Sales Sales Tax Cumulative Sales Tax Revenue Revenue Rebate Oracle Crossings Developers Projection $ 40,765,200 _ $ 815,304 $ 65,336,112 _ $ 1,306,722 Actual Sales 5,409,792 25,099 30,122,410 416,377 46% $ 203,079 Steam Pump Village 411. Developers Projection - - $ 26,250,000 $ 525,000 Actual Sales 2,089,342 45,967 40% $ 18,387 TOWN OF ORO VALLEY Page 2 of 3 OUNCIL COMMUNICATION MEETING DATE: OCTOBER 17, 2007 lbw Copies of the developer sales tax projections for all four retail developments are attached as Exhibits 1 through 4 for your information. HOTEL ECONOMIC DEVELOPMENT AGREEMENTS: Table 2 below summarizes the rebate amounts to the Hilton El Conquistador Resort from FY 2001/02 through FY 2006/07. This agreement expires in 2010 and rebates 2% of the Hilton's own bed tax revenues back to the Resort for 10 years. 2% OF HILTON'S BED TAX FISCAL YEAR REBATE 2001/02 $ 233,849 2002/03 $ 233,141 2003/04 $ 242,190 2004/05 $ 284,657 2005/06 $ 325,066 2006/07 $ 337,203 Finally, in January of 2000, the Town entered into an agreement with Vestar-Athens Tucson, LLC, an indirect subsidiary of Marriott International, Inc. to develop a Ritz-Carlton resort facility in Oro Valley. The agreement called for the owner/developer of the hotel to receive revenue sharing of 2% of the hotel's own bed tax revenues for a period of ten (10) years. This agreement included a sunset clause stating "if the Owner/Developer of the Project, as described herein, has not secured a Building Permit for the hotel within thirty (30) months of the effective date of this Agreement and attained Substantial Completion within fifty-four (54) months from the effective date of this Agreement, then said Agreement shall terminate at the end of such thirty (30) month period or fifty-four(54) month period, as applicable." Per the above conditions, that agreement has since terminated. FISCAL IMPACT: None. Update only. ATTACHMENTS: 1. Exhibit 1 —Oracle Crossings Retail Center Revenue Sharing Scenarios 2. Exhibit 2 —Steam Pump Village Developer Projections 3. Exhibit 3 —Oro Valley Marketplace Revenue Sharing Projections 4. Exhibit 4— Oro Valley Town Centre Assumed Revenue Projections TOWN OF ORO VALLEY Page 3 of 3 —OUNCIL COMMUNICATION MEETING DATE: OCTOBER 17, 2007 SUGGESTED MOTIONS: None. Update only. Stacey Le ' •s, Finance Director I avid Andrews, Town Manager • EXHIBIT 1 ORACLE CROSSINGS RETAIL CENTER REVENUE SHARING SCENARIOS A.. v . ....rPh 0 N O N PIPh PIM O 0 in i PI N VA 0 N N N O O► PI oH O' In 0D Ot N.I A N N Nt a i 7 a• g n N v Ni !r1 � 3 ria r4 � PIN 4 O y s r1 013 M N ,^;N 0 .. ). ... et wi* N iR 4" YF M IIF IIF IA IR Y. QQ N O N Q co 0 ^r !174 R 'A O . ill CA en 0�1 a f 1 a t�pQ_ N O .OSI 1 g N I o p m . to O . 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C C C . `�' 0CO �4 C 0' C� ^ = U _ = = = 'O ,..� Q� D = a� ^. y = ,., = a) V ca c r" etas as ... a) as as as = d = a� ^. co en +r = bf ea +• as ; a t? ... ea ea +• ea g r.• w +. U ea U . w a) ea 4) ea C.) O w A ♦. d1 r.+ ♦.+ CA .4. ,.. a►J h ++ V1 ♦• fr, ♦+ '-' h �.+ +� i+ ^ ..+ -� ice.+ n.. 6) IP .LI a) 6) a) e� a) a) n) a) C O a) a) a� E a) E a) a) C a� E a) E p 7 E. ♦, aaGzaaoa a aaaaxxa a aoaoaa x ao = m A. - • o, co 2 �. a �'a 0 ..• '� 4) '� c Q CC V A G.. U G� ►� x a co g4 tr) x .-. 1-r O z w a c ca E U ,.. z d 0i i cc G° d U U UU 2:7 t• 44ca C •c _ •-1Nr� v • Ge as Baa eo '"�.0., A. o -c: .a > ri .. n E"' go c L i.. co airi OD co = ut C1) O CC OC S. v .0viCS .0 .= C. a a a a M TOWN OF ORO VALLEY Page 1 of 1 COUNCIL COMMUNICATION MEETING DATE: October 17,2007 TO: HONORABLE MAYOR& COUNCIL FROM: David Welsh, Economic Development Administrator SUBJECT: Economic Development Division Monthly Report SUMMARY: Attached is a status report from September 1, 2007—September 30, 2007. 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(R) 07- 118 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, DECLARING THAT CERTAIN DOCUMENT ENTITLED "STORM WATER UTILITY FEE SYSTEM", CHAPTER 15, OF THE ORO VALLEY TOWN CODE AT SECTION 15-24-13 AND FILED WITH THE TOWN CLERK, A PUBLIC RECORD SUMMARY: The Oro Valley Legal Department is requesting Council to consider adoption of this Resolution to make the Section 15-24-13, Stormwater Utility Fee System a Public Record. The action is necessary to adopt the aforementioned code section on November 7, 2007 as part of the noticed stormwater utility fee public hearing. The Resolution will allow for formal notice of publication of the Stornwater Utility Fee system and structure to be posted at the Town Clerk's office. This will make the proposed changes to the Stormwater Code available to the public. litSCAL IMPACT: Section 15-12-13 provides the structure for adopting and implementing the Stormwater Utility Fee which will assist in the costs associated with the Town's stormwater management efforts. ATTACHMENTS: 1. Proposed Resolution (R) 07- 118 2. Chapter 15, Section 15-24-13, Stormwater Utility Fee System SUGGESTED MOTION(S): I move to adopt Resolution (R) 07- 118 or I move to..... ,.,, o‘..14j Jo --. N. Andrews, Chief Civil Attorney t avid Andrews, Town Manager RESOLUTION NO. ( R) 07-118 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, DECLARING THAT CERTAIN DOCUMENT ENTITLED "STORM WATER UTILITY FEE SYSTEM", CHAPTER 15, OF THE ORO VALLEY TOWN CODE AT SECTION 15- 24-13 AND FILED WITH THE TOWN CLERK, A PUBLIC RECORD THAT certain document entitled "STORMWATER UTILITY FEE SYSTEM" of the Town of Oro Valley V lle Town Code, Chapter 15, Section 15-24-13", three copies of which are on file in the office ffi e of the Town Clerk, is hereby declared to be a public record, and said copies are ordered to remain on file with the Town Clerk. PASSED AND ADOPTED bythe Mayor and Council of the Town of Oro Valley, Arizona, this 18th day of October , 2007. TOWN OF ORO VALLEY Paul H. Loomis, Mayor ATTEST: APPROVED AS TO FORM: Kathryn E. Cuvelier, Town Clerk Joseph N. Andrews, Chief Civil Attorney Date: Date: \\Legal\sharefiles\Public Works\STORMWATER\Resolution Public Record-FEE.doe Town of Oro Valley Attorney's Office/In/101107 • ORO VALLEY TOWN CODE CHAPTER 15 SECTION 15-24-13 STORMWATER UTILITY FEE SYSTEM \VegaRsherefles\public workslsrormwe�er\fre cadedoc Section 15-24-13 - STORMWATER UTILITY FEE SYSTEM A. Findings 1. The Town maintains a system of storm and surface water management facilities including, but not limited to, inlets, conduits, manholes, channels, ditches, drainage easements, retention and detention basins, infiltration facilities, and other components as well as natural waterways. 2. The stormwater system in the Town needs regular maintenance, repair and improvements. 3. Stormwater quality is degraded due to erosion and the discharge of nutrients, metals, organic compounds including oil and grease and other substances into and through the stormwater system. 4. Stormwater quantity is affected by erosion, design of drainage, maintenance of stormwater channels, channel vegetation, floodway and flood plain characteristics and changes, and deposition of material in the channels. 5. The public's health, safety, and welfare are adversely affected by poor stormwater quality and flooding that result from inadequate management of both the quality and quantity of stormwater. 6. All real property in the Town either uses or benefits from the maintenance of the stormwater system. 7. The extent of use of the stormwater system by each property is dependant on factors that influence runoff, including land use and the amount of impervious surface on the property. 8. The costs of improving, maintaining, repairing, operating, and monitoring the stormwater system shall be allocated, to the extent practicable, to all property owners based on the impact of runoff from the impervious areas of their property on the stormwater control and conveyance system. 9. Management of the stormwater system to protect the public health, safety, and welfare as well as meet the Arizona Pollutant Discharge Elimination System Phase II permit and FEMA requirements requires adequate revenues. It is in the interest of the public to finance stormwater management with a fee system that is reasonable and equitable. Single Family Residences will be charged a flat rate for one ERU. Non-Single Family and Religious/Educational property owners will be \\Iegal\sharefiles\public works\stormwater\fee code.doc 2 charged a multiple rate equal to the amount of impervious area on their property divided by the amount of one ERU (5,000 square feet). This formula will charge MI) property owners on the basis of their properties' impact to the stormwater system. B. Authority. Authority for the adoption of a system of charges to fund the implementation of stormwater management programs is conferred on the Town by ARS 9-530, as amended. C. Definitions. For the purposes of this Chapter, the following words and phrases shall have the meanings indicated: 1. Administrator of the Stormwater Utility or Administrator means the Town Engineer, or designee, shall serve as the Administrator of the Stormwater Utility. 2. Arizona Pollutant Elimination Discharge System (AZPDES) means a program required under section 402(b) of the Clean Water Act (CWA), in accordance with 40 CFR 123.22. The program specifies how the Arizona Department of Environmental Quality (Department) will administer the National Pollutant Discharge Elimination System (NPDES) program. The program is found in Article (3.1) to the Arizona Revised Statutes in Chapter 2, under Title 49 authorizing a state NPDES program. The administrative rules for an Arizona Pollutant Discharge Elimination System (AZPDES) program are consistent with, but no more stringent than, the NPDES program and the requirements of sections 402(b) (state permit programs) and 402(p) (municipal and industrial stormwater discharges) of the CWA. 3. Equivalent Residential Unit (ERU) means approximate average amount of impervious area associated with Single Family Residential property in the Town. 4. Base Rate (BR) means the Stormwater Utility Flat Fee to an ERU of 5,000 square feet of impervious surface. 5. Commission means the Stormwater Utility Commission for the Town of Oro Valley established under Article 15-24 of the Oro Valley Town Code. 6. Developed Property means real property which has been altered from its structures, or other impervious area. \\legal\sharefiles\public works\stormwater\fee code.doc 3 7. Undeveloped Property means real property in its untouched natural state. 8. Fee or Stormwater Utility Fee means the charge established under this Section and levied on owners of parcels or pieces of real property to fund the costs of stormwater management, implementation of the Stormwater Management Plan together with constructing, operating, maintaining, repairing, and improving the stormwater system in the Town. 9. FEMA means the Federal Emergency Management Agency. 10. Fiscal Year means July 1 of a calendar year to June 30 of the next calendar year, both inclusive. 11. Impervious Surface Area means the number of square feet of horizontal surface covered by buildings and other impervious surface, which is compacted or covered with material that is resistant to infiltration by water, including, but not limited to, most conventionally surfaced streets, roofs, sidewalks, patios, driveways, parking lots, and any other oiled, graveled, graded, compacted, or other surface that impedes the natural infiltration of surface water. 12. Multi-Family Dwelling means a building with more than three dwelling units (to include apartments and condominiums). • 13. Non-Residential Property means developed property other than single-family residential property. Such property shall include, but not be limited to, multi- family dwellings, commercial properties, industrial properties, parking lots, hospitals, recreational and cultural facilities, hotels, and offices. 14. Educational Facilities, Religious Institutions and Non-Profits means any developed public, private, or parochial school or any building recognized as a religious facility or non profit use. 15. Property Owner means the property owner of record as listed in the Pima County Assessor's roll. A property owner includes any individual, corporation, firm, partnership, or group of individuals acting as a unit, and any trustee, receiver, or personal representative. 16. Single Family Residential Property (SFR) means a developed property that serves the primary purpose of providing a permanent dwelling unit. Single Family Residential Property shall also include duplexes and triplexes. A single family detached dwelling containing an accessory apartment or second dwelling unit is included in this definition. \\Iegal\sharefiles\public works\stormwater\fee code.doc 4101. 4 17. Stormwater Utility Fund or Fund means the Fund created by this Chapter to operate, maintain, repair, and improve the Town's stormwater system and implement the Town's Stormwater Management Plan. 18. Stormwater Management Plan means the planning, design, construction, regulation, improvement, repair, maintenance, operation of facilities and programs necessary for the Town to meet the compliance requirements of the Arizona Pollutant Discharge Elimination System (AZPDES) Phase II Municipal General Permit and FEMA Regulations as relating to water, flood plains, flood control, grading erosion, and sediment control along those activities. 19. Stormwater System means the system or network of storm and surface water facilities including but not limited to inlets, conduits, manholes, channels, ditches, drainage easements, retention and detention basins, infiltration facilities and other components as well as all natural waterways (including washes). It shall also mean the activities associated with implementing the Stormwater Management Plan 20. Water means any stormwater, surface water, snow melt or ground water. D. Establishment of Stormwater Utility Fund. 1. The Stormwater Management Plan is established to provide for the Town's compliance with the AZPDES Phase II Municipal General Permit requirements and to provide the stormwater system necessary to convey stormwater, control flooding, and to protect the natural environment. The costs of complying with the AZPDES Phase II program and FEMA Regulations along with designing, developing, improving, operating, maintaining, and monitoring the stormwater system required in the Town should, therefore, be allocated, to the extent practicable, to all property owners based on their impact on the stormwater system. In order to provide revenue to fund those costs and to fairly allocate those Y costs, a Stormwater Utility Fund ("the Fund") is established. 2. All revenues collected from the Stormwater Utility Fee, from grants, permit fees, penalties and other charges collected under Article15-24, Stormwater Management, shall be deposited to the Fund. The Town Council may make additional appropriations to the Fund. All disbursements from the Fund shall be for the purposes of the Fund as set forth in Section 15-24-13(E)., and the Fund shall be used for those purposes only. E. Purposes of the Fund. \\legal\sharefiles\public works\stormwater\fee code.doc 5 J I The Fund shall be used for the following purposes: 1. All costs of implementation and administration of the Stormwater Management Plan, including the establishment of reasonable operating and capital reserves to meet unanticipated or emergency stormwater management requirements. There shall be a reserve fund of 15 percent of the collected annual stormwater fees as specified under Sec. 15-24-10 of this Code. 2. Inspection and enforcement activities. 3. Billing and administrative costs. 4. Other activities that are reasonably required to accomplish the mission of the Stormwater Management Plan. F. Stormwater Utility Fee. A monthly service charge is imposed upon all real property in the Town, as of the first day of each month, beginning January 1, 2008, to fund the Stormwater Management Plan and stormwater system with invoicing as defined in Sec. 15-24-13(J). This service charge shall be known as the Stormwater Utility Fee ("Fee"). As any real property is developed or developed real property is annexed into the Town it will be subject to the Fee. The Fee is based on the cost of implementing a stormwater " management program. G. Classification of Property for Purposes of Determination of the Stormwater Utility Fee. 1. For purposes of determining the Stormwater Utility Fee, all properties in the Town are classified into one of the following classes: a. Single family residential property; or b. Non-residential property. c. Educational Facilities, Religious Institutions and Non-Profits 2. Single Family Residential (SFR) Fee. All developed single family residential properties in the Town shall be charged a flat Stormwater Utility Fee, equal to the base rate, regardless of the size of the parcel or the improvements. 3. Non-Single Family Residential Property (NSFR) Monthly Fee. A developed Non- \\legal\sharefiles\public works\stormwater\fee code.doc 6 Single Family Residential (NSFR) property will be charged a fee per for the number of ERUs of impervious area. The impervious area for developed NSFR property may be determined through site examination, mapping information, aerial photographs and other available information. NSFR without First Flush capabilities or other approved stormwater pollution prevention devices shall pay the base rate times the number of ERUs on the site. The monthly fee shall be determined by dividing the total impervious surface (in square feet) by 5,000 and rounding that value up or down to the nearest whole ERU amount and then multiplying the result by the base rate to obtain the monthly fee. NSFR properties that incorporate first flush capabilities or other approved stormwater pollution prevention devices are eligible for a 25% reduction in the fee, providing they apply to and are approved by the Stormwater Utility Commission and meet the annual inspection and maintenance requirements. 4. Educational Facilities, Religious Institutions and Non-Profits Monthly Fee. A developed religious institution, school or other non-profit property shall be eligible for a 25 % fee reduction provided they apply to and are approved by the Stormwater Utility Commission. In order to qualify for the fee reduction, the educational facility, religious institution or non-profit organization must conduct educational programs or other tasks on the topic of stormwater management as approved by the Stormwater Utility Commission. No developed educational facility, religious institution or non-profit property shall pay less than 75% of the base rate. The monthly fee shall be determined by dividing the total impervious surface squarefeet) by5,000 and rounding that value up or down to the nearest 41) (in whole ERU amount and then multiplying the result by the base rate to obtain the monthly fee. H. Base Rate. 1. The Town Council shall, by resolution, establish the annual (fiscal year) monthly base rate for the Stormwater Utility Fee. The base rate shall be calculated to insure adequate revenues to fund the costs of stormwater management and to provide for the operation, maintenance, and capital improvements of the stormwater system in the Town. 2. A schedule of fees shall be maintained by the Stormwater Utility, three copies of which shall be available at the Town Clerk's office. 3. The Stormwater Utility Commission shall annually review the stormwater utility revenue requirements and recommend to the Town Council rate adjustments as necessary. I. Exemptions. \\legal\sharefiles\public works\stormwater\fee code.doc 7 , t • 1. Property which is owned by the Town and other governmental agencies shall be exempt from the Fee. 2. Undeveloped Property shall be exempt from the Fee. J. Billing. 1. Each property served by the Oro Valley Water Utility shall be billed monthly for the stormwater utility fee. Properties not served by the Oro Valley Water Utility shall be billed quarterly. The bill may be part of the Oro Valley Water Utility bill, a separate billing, or some other reasonable mechanism. 2. Service charges shall begin January 1, 2008 with invoicing at the end of the month or quarter, as appropriate. K. Stormwater Utility Fee Payable Date; Interest Amount; Lien on Real Property; Abatement of Small Amounts Due. 1. The Invoiced Fee is due within 30 days from the date that the bill is issued to the property owner and is overdue after that date. Late fees will be charged in accordance with the Oro Valley Water Utility's delinquency policy. 116 2. Any Fee, including interest, when overdue, is a lien on real property and may be collected in the same manner as delinquent Oro Valley Water Utility fees. 3. The Stormwater Utility Administrator may abate the Fee, including interest, if the cost of collection is estimated to exceed the amount of the Fee, including any interest due. L. Requests for Correction of the Stormwater Utility Fee. 1. A property owner may request correction of the Fee by submitting the request in writing to the Stormwater Utility Administrator. Grounds for correction of the Fee include: a. Incorrect classification of the property for purposes of determining the Fee; b. Errors in the square footage of the impervious surface area of the property; c. Mathematical errors in calculating the Fee to be applied to the property; and d. Errors in the identification of the property owner of a property subject to the \\legal\sharefiles\public works\stormwater\fee code.doc 8 Fee. 2. The Stormwater Utility Administrator shall make a determination within 30 days after the receipt of(as indicated by the receipt date stamp) the property owner's completed written request for correction of the Fee. The applicant may appeal the Administrator's determination to the Stormwater Utility Commission. 3. A property owner must comply with all rules and procedures adopted by the Town when submitting a request for correction of the Fee and must provide all information necessary for the Stormwater Utility Administrator to make a determination on a request for correction of the Fee. If a property owner alleges an error under Section 15-24-13(L)(1)(b), the request for correction must include a certification by a Registered Civil Engineer or Professional Land Surveyor of the impervious surface area of the property. Failure to comply with the provisions of this subsection shall be grounds for denial of the request. 4111) \\legal\sharefiles\public works\stormwater\fee code.doc 9 2 TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE:October 17, 2007 TO: HONORABLE MAYOR & COUNCIL FROM: Kathryn Cuvelier, Town Clerk SUBJECT: Council Policy #4 Update - Town of Oro Valley Meeting Facilities Usage Policy SUMMARY: Several months ago staff reviewed with the State's Risk Retention Pool, the Town's liability when renting out meeting space. At that time, we felt that it may be beneficial to review and update the current policy originally adopted in 1992, and, to also combine all of the Town's meeting space into one policy. Therefore, our Legal Department spent a considerable amount of time researching other municipal facility policies across the state, including TPPL to help us develop the proposed policy before you this evening. The changes to the policy include: ►wn Hall Complex: Adds a $300 security deposit (refundable) to cover any damages. 2) Increases the hourly usage fee from $10.00 to $20.00 per hour. 3) Adds a$5.00 processing fee upon a 5 day notice of cancellation. 4)No refund of rental fee for less than 5 days notice of cancellation. 5) Liability insurance policy is only required dependent upon type of usage. Public Library: 1) Adds the Library to the Policy. 2) Adds a $200 security deposit (refundable) to cover any damages or sign an application form agreeing to pay for any damage that may occur as a result of the applicant's meeting. (see Tucson-Pima Public Library Application form). 3) No hourly fee required. 4) Yearly use agreements may be approved at the discretion of the Library Administrator. 5) Liability insurance policy is only required dependent upon type of usage. Staff met on 10/4/07 regarding some of the concerns expressed by some Council members and the public. Based on those comments, we have made the following changes to the proposed policy: - Removes the Manager's ability to waive the security deposit or fees. - Reduces the Library's security deposit to $200.00, or sign an application form agreeing to pay for any damage that may occur as a result of the applicant's meeting. (see Tucson-Pima Public Library Application form). iA copy of the Pima County Public Library Meeting Room Use Policy has been provided at the request of Council Member Abbott. a TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 2 I FISCAL IMPACT: Increases the hourly fee from $10.00 an hour to $20.00 an hour. Requires a refundable security deposit to help pay the cost of carpet cleaning or room repair, if needed. ATTACHMENTS: 1. Amended Council Policy#4 2. Current Council Policy#4 3. Copy of Pima County Public Library Policy 4. TPPL Application for Meeting Room Use SUGGESTED MOTION: I MOVE to amend Council Policy #4 effective November 17, 2007, including a $200.00 (refundable) security deposit, or I MOVE to amend Council Policy#4 effective November 17, 2007, including signing an application form similar to TPPL's application form agreeing to pay for any damage that may occur as a result of the applicant's meeting. )" ,-- Cr, e_t_Lez t,C.L4--—* Kathryn uvelier, Town Clerk David Andrews, Town Manager 1 _ o_LEY ON s>o a�- 2 ,57 • k,"' 1\87/6 o g�a� UND ED '� Office of the Town Attorney MEMORANDUM O1?'i3?p 3'439 IOU To: Mayor and Council Copy: David Andrews, Town Manager; Jerene Watson, Assistant Town Manager; Kathryn Cuvelier, Town Clerk; Mary Hartz-Musgrave, Library Administrate From: Lexa Ma , Civil Attorney; Joseph Andrews, Chief Civil Deput:1 Date: October 17, 2007 Re: Council Policy#4 - Meeting Rooms Recently a concern has been raised regarding our intergovernmental agreement with Pima County regarding the construction of library and its effect on the Meeting Room policy on tonight's agenda. The IGA in question was executed in August of 1999 and set forth the structure under which County bond funds were provided to build the library. As part of the IGA, the Town agreed to comply with Pima County Code Section 3.06.080, which has since been amended to Section 3.06.090. This section of the Pima County Code addresses construction projects built with County bond funds, but that are subsequently operated and maintained by jurisdictions other than the County. The code section states: Pima County Code 3.06.090 Design, construction, and equipping of county bond projects by other jurisdictions. (B)(2) That the implementing political subdivision shall not charge a fee for use of the constructed improvement that is more than a fee charged by the county for a similar purpose. The question, then, is what effect does this have on the Town's ability to adopt the Meeting Room Policy as it is presented here tonight for the Council's consideration. The policy F:\Clerk\Misc\Meeting Room Policy\Memo-council meeting room policy2.doc as it relates to the library sets a$200 security deposit and no rental fee for use of the library's meeting room. In respect to the rental fee, the Town's policy is identical to that of the County. The County, however, does not require a security deposit, but instead asks that users of the county library meeting rooms sign a commitment to pay for any damage inflicted during use. Therein lays the point of concern; whether the requirement of a security deposit is a"fee" as restricted in the Pima County Code. The security deposit requirement proposed does not necessarily run afoul of the Pima County Code. A deposit is not the same thing as a"fee for use". Since the deposit will only be applied if the library meeting room is damaged and otherwise returned in full, the effect is the same as the County's policy of requiring reimbursement in the event repairs are necessary. Essentially, the Town is not asking anything more of residents who utilize the Town's library meeting room than is the County, the Town is just attempting to avoid the added costs associated with collecting reimbursement for damage and/or cleaning expenses by requiring a deposit upfront. That being said, the decision to alter the Town's policy from that of the County is one left to the Council. Should the Council make the determination that the more prudent course of action is to precisely mirror the County's policy, staff will make the necessary adjustments to the policy and create a reimbursement agreement similar to that used by the County. Additionally, staff will put forth every effort to implement the policy in a manner that allows for free access to the library facilities and simultaneously protects the Town's property. 2 CURRENT FACILITIES USAGE POLICY Policy No.(1/15/92) 4 TOWN COUNCIL POLICY Date Of Adoption: 5/6/92 Date of Revision 5/4/94 REAFFIRMED 05/04/05 TITLE: USAGE OF TOWN HALL AND FACILITIES Page 1 of 4 Purpose and Need for Policy The purpose of this policy is to set forth procedures to respond, in a consistent manner, to requests for use of Town Hall and its facilities. II. Policy The Council Chamber, Courtyard and Amphitheater are available for use, subject to payment of hourly fee, scheduling limitations and use does not exceed 2 consecutive months in a 12 month period. Other areas (offices, staff and Council conference areas) are designated as working areas and are not available for use. All office and building space is subject to Council Approval and office space. Building assignments et cetera may ft,, be reassigned or reallocated at the sole discretion of the Town Council. III. Procedure to Accomplish Policy 1. Requests for reservations will be directed to the Town clerk who Will maintain a master calendar of reservations for meetings of the Town Council, boards and commissions, other committees/municipal functions and the public. 2. First priority for use of Town facilities shall be for Town meetings, Staff uses and other Town sponsored functions and activities. 3. Second priority for use of Town facilities shall be for meetings, functions and other activities sponsored by Town residents. 4. All reservations will be on a first come first served basis based upon the priority system detailed in items #1 and #2 of this Policy. Reservations cannot be scheduled for more than six (6) month in advance. 5. Use of Town facilities shall not exceed a total of 2 consecutive months in a twelve month period. 6. Smoking is not permitted in municipal buildings. 7. No alcohol beverages of any kind shall be allowed on municipal property unless approved by the Town Council in accordance with State Liquor laws. 8. The Town of Oro Valley reserves the right to cancel any reservation previously scheduled by any organization. 9. All non-town sponsored use of municipal facilities shall be by permit to be issued by the Town Clerk. 10. The permittee shall accept the premises as is and shall restore the premises used to the same condition at the end of use. The permittee shall make no changers or alterations to the premises without prior written approval of the Town Clerk. The permittee shall be responsible for removing all litter and trash from the permitted area to suitable trash containers or off the premises. 11. The permit includes the right of the permittee to use electricity from one (1) electrical outlet) 110 volts) in the area specified for i Theuse of additional electrical outlets maybe the permit. p approved by the Town Clerk on a case by case basis at the request of the permittee. 12. The permittee shall be responsible to the Town for any and all damage to any Town property on the area for which the permit is issued including, but not limited to, sprinklers, grounds, plantings, walkways or buildings, whether or not the damage was caused by the permittee, or by patrons, guests or invitees. 13. The permittee shall allow appropriate Town, County or State Representatives to conduct any inspections which may be required or deemed necessary in this regard or to insure the public health, safety or general welfare. 14. The service of food, operation of concessions or the use of a Caterer in conjunction with any permitted use is subject to the prior written approval of the Town Clerk. The permittee is responsible to insure that any area which is used for these activities is cleaned up and restored to the condition it was in at the time the premittee took possession. 15. The permittee shall be responsible for insuring that any and all persons furnishing food in connection with an event for which a permit is issued has complied with all state, county and local laws and regulations with respect to such activity. 16. As a condition of issuing a permit, the applicant shall furnish evidence of comprehensive general liability insurance in the minimum amount of One million dollar ($1,000.000.00) The Town shall be named as an additional insured on the policy. A certificate of insurance, evidencing compliance with the requirements of this section, must be filed with the Town Clerk prior to the event for which the permit is issued. 17. A permit fee of $10.00 per hour shall be paid at the time the permit is issued. 18. Property owned and used by the permittee shall be removed from the municipal facility immediately after use. The Town is not responsible for property brought into the municipal facility, during or after use. 19. The authorized representative executing the permit application in consideration of receiving permission to use municipal facilities for himself/herself and the organization represented by its members, releases the Town of Oro Valley, its Town Council, employees and agents from all claims and liability arising from or during the use of municipal facilities, and agrees to indemnify and hold harmless said released parties from all claims of any nature. 20. Permittee as a condition of use must agree to comply with the policies set forth herein and all other Town of Oro Valley codes and regulations. 21. The Chief of Police may require the hiring of off-duty officers • based upon his evaluation of the event or program to be held and the anticipated occupant load. When off-duty officers are required the person (s) or organization sponsoring the event shall be responsible for such expense. 22. Exits shall be unlocked and properly maintained during all permitted events. 23. Any decorative material used must be approved fire retardant materials. 24. Parking shall not be allowed which would obstruct exits or ingress or emergency vehicles and personnel. 25. Tables and chairs must be arranged in order to provide safe exiting. 26. Other safety requirements may be required due to the nature of the event. 27. An approved sign permit must be obtained for all temporary signs before installation of such signs. 28. A facility use permit shall not authorize the use of the name of "The Town Oro Valley" in program publicity or automatically imply • co-sponsorship. Nor shall any literature distributed relating to permitted use imply Town sponsorship unless the event is approved by the Town Council and specifically sponsored by the Town of Oro Valley. 29. Each permittee will be required to perform all clean-up and return the facility used to its original condition after use. If this requirement is not met the Town will perform the required work and bill the permittee for all costs incurred. 30. Upon approval of the permit the Town Clerk will issue keys to the buildings and restrooms as required. Permittee agrees not to duplicate these keys and to return them to the Town Clerk the day following facility use. 31. Violation of any of the rules and regulations so stated may result in the loss of future privileges to use municipal facilities. 32. Definitions: a. Residents are defined as individuals who live within the corporate boundaries of the Town of Oro Valley. IV. Responsibility and Authority The Town Clerk is responsible for implementing the policy of the Council. APPROVED BY A MAJORITY OF THE TOWN COUNCIL: Mayor DATE: PROPOSED FACILITIES USAGE POLICY a • 1 Town of Oro Valley • Meeting Facilities Usage Policy This policy e is intended to provide guidelines and set procedures for use and reservation of available Town meeting facilities at the Town of Oro Valley Town Hall Complex, 11000 North La Canada Drive ("Town Hall") and the Oro Valley Public Library, 1305 W. Naranja Drive (the "Library"). The Town Hall and Library meeting facilities addressed in this policy are collectively referred to as the "Facilities". General Usage Policy and Rules A. Allowed Groups/Users. Because Town Hall and the Library are primarily designed for municipal office purposes, the Facilities are not available to private businesses. However, the Facilities are available for meetings sponsored or hosted by: • The Town of Oro Valley. • Federal, state, county, or tribal government agencies. • School districts. • Town of Oro Valley civic organizations, non-profit organizations, fraternal organizations and community service organizations. Examples include the VFW, Girl and Boy Scouts, Lions Club, Greater Oro Valley Arts Council, and homeowners' associations. • Any other uses or groups not mentioned subject to approval by the Town Manager, or designee. B. Priority for Use of Facilities (in the following order). 1. Town Council meetings* 2. Town Board and Commission meetings* 3. Town staff and Town sponsored or hosted meetings* 4. Town co-sponsored meetings* 5. Federal, state, county, tribal government agency, and school district meetings 6. Meetings of Town of Oro Valley civic organizations, non-profit organizations, fraternal organizations and community service organizations *These categories are collectively referred to in this Policy as "Town-Managed Meetings". C. FacilityAvailability. The Facilities are generally available for use during "Regular Business Hours" (defined for purposes of this Polic as 8:00 AM to 5 PM Monday through h Friday, excluding Town-recognized holidays ) and "Evenings and Weekends" (defined for purposes of this Policy as 5 PM to 10 PM Monday through Friday and weekends 8:00 AM to 10 PM). Meetings shall conclude by 10 PM, and the I Town-recognized holidays are New Years Day(January 1), Martin Luther King, Jr./Civil Rights Day (third Monday in January), Washington's/Presidents' Day(third Monday in February), Memorial Day(last Monday in May), Independence Day(July 4), Labor Day(first Monday in September), Veteran's Day (November 11),Thanksgiving Day(fourth Thursday in November), Day after Thanksgiving(fourth Friday 46. in November), and Christmas Day(December 25) Facility shall be vacated no later than 10:30 PM. Town-Managed Meetings are exempt from the requirements of this paragraph. Town-Managed Meetings shall be given preference at all times in scheduling use of the Facilities. Other meetings will be scheduled on a first-come, first-served basis. Because of high demand for the Facilities for Town-Managed Meetings, availability of the Facilities during Regular Business Hours is extremely limited and subject to change. If an unforeseen circumstance requires the use of any Facilities to be needed for Town- Managed Meetings, a group or agency may be required to reschedule or relocate their meeting. D. Deposits. Unless waived by the Town Manager or designee, or as provided in a formal written agreement between the user and-the Town, a A $300 deposit is required for use of all TOWN HALL Facilities AND A $200 DEPOSIT IS REQUIRED FOR THE USE OF ALL LIBRARY FACILITIES payable by check or money order. ALTERNATIVE DEPOSIT ARRANGEMENTS MAY BE MADE BY SEPARATE AGREEMENT BETWEEN THE USER AND THE TOWN. The deposit will cover damage to the walls and furniture repair at contractor cost. Carpet stains will require the entire room to be cleaned at an additional fee. Any excessive cleaning will be charged at an additional fee per hour. The security deposit may be increased if the Town believes a higher amount is warranted based on past experience with the applicant or the proposed activity. If there is no damage to the Facilities, the deposit will be returned within fourteen working days after the completion of the meeting or event. If there is damage to the Facilities, the deposit will be returned within fourteen working days, minus the cost to repair the damage. E. Rules of Conduct. The following rules apply to all meetings in the Facilities (rules marked with an asterisk [*] do not apply to Town-Managed Meetings): • Any group using the Facilities shall not discriminate on the basis of race, color, national origin, sex, religion, age or disability. • Any group using the Facilities shall conduct their meetings and themselves in a professional and courteous manner. • All activities must be under adult supervision, eighteen years of age or older. • The responsible party must restore the Facilities to their original condition. No custodial services are provided with the use of the Facilities. The user will be responsible for cleaning up the room and removing any trash. • The Town will not be responsible for any furniture or equipment brought by the user, and such equipment must be removed at the conclusion of the event. • Town furniture shall not be moved between rooms.* • The Town will not store equipment, supplies, materials, etc., for organizations using the rooms.* - 2 - • Signs or notices shall not be posted upon the premises. Nothing that may injure, mar, or in any way deface the premises shall be used. Nails, hooks, adhesive fasteners, scotch tape, tacks or screws are prohibited on any part of the building or premises.* • Open flames are prohibited in the Facilities. • No animals shall be allowed upon the premises except dogs assisting disabled individuals. • Firearms and weapons of any kind are prohibited. • Pursuant to A.R.S. § 36-601.01, smoking is prohibited in all Town Facilities. Persons desiring to smoke during their use of Town Facilities may do so provided they are at least 20 feet from any building entrance. • Parking is available in designated areas only. Any person parking illegally or in a manner that blocks emergency entrances/exits may have their vehicle ticketed and/or towed. • The total number ofeo le shall not exceed the posted capacity of any of the meeting p p rooms. • The event shall be confined to the reserved area and shall not interfere with the generalpublic ublic or any other ongoing activities within the Facilities.* • At the discretion of the Chief of Police, users may be required to hire off-duty police 0' officers g on type depending the t e of event or anticipated occupancy load. The cost of the p off-duty police officers shall be the sole responsibility of the user. • The use of the Town of Oro Valley name is strictly prohibited by any organization or personan for purpose in connection with the use of the meeting rooms for publicity Y or otherwise except to identify the location of the event. Unapproved use of the Town of Oro Valley name or logo shall be grounds for termination of the use agreement and may be subject to other legal action.* • Thep ermitted use of the Facilities by a group does not, in any way, constitute an endorsement by the Town of Oro Valley of the user's policies or beliefs. • Except as otherwise provided in a formal written meeting facility use agreement entered into between the Town and a user, a signed and notarized "Release, Hold Harmless, and Indemnity Agreement" form provided by the Town is required to use the Facilities. In some instances, a certificate of insurance may be required naming the Town as an additional insured. Such determinations shall be at the discretion of the Town Clerk, or designee. • Food and are beverages permitted in the Facilities upon prior notice to the Town. The g meeting organizer is responsible for providing all food and beverages and any necessary equipment e ui ment and supplies. No coffee service equipment or supplies are available. Red is unch prohibited. Any damage due to food or beverages will be 1110, p assessed and billed to the sponsoring department or organization. - 3 - • Alcoholic beverages are prohibited. • Groups utilizing any of the Facilities must comply with the provisions in Title IIA of the Americans with Disabilities Act. • Violation of any of the rules contained in this policy may result in the loss of future privileges to use Town Facilities. - 4 - Rules and Use Policies for Specific Facilities TOWN HALL FACILITIES The following meeting rooms are available for reservation and use: • Council Chambers (158 person capacity) • Town Magistrate Courtroom (60 person capacity) The Town Clerk's Office at (520) 229-4700 is responsible for scheduling and availability of the Facilities at Town Hall. Town staff will not be available to provide technical assistance. A given group or organization may reserve Town Hall Facilities for no more than two (2) consecutive months per twelve (12) month period. Organizations or groups wanting to schedule use of the Town Hall Facilities must schedule at least seven working days prior to the event or meeting unless waived by the Town Manager's Office, but may reserve Town Hall Facilities up to three months in advance. A use agreement must be completed and include the necessary information and a certificate of insurance. The person scheduling and signing the use agreement must be at least 18 years of age. Tentative reservations can be taken over the telephone. Use agreements, deposits, and indemnity agreements reements or certificates of insurance must be submitted to the Town Clerk's Office no later than five days after the tentative reservation has been made. If the agreement, deposit, and indemnity agreement or certificate of insurance are not received, g the tentative reservation will be cancelled. Unless •' -: -- : .. - ' . -• = :* •:---, = • provided FOR in a SEPARATE far-mai-written agreement between the user and the Town, the rental fees for use of Town Hall Facilities are $20 per hour. All fees shall be paid in full at the time the room is reserved, along with a completed use agreement including a check or money order. Fees must bep aid to cover use in hourly increments. Rental fees shall be refunded, minus a $5 fee, processing upon five (5) days notice of cancellation. There shall be no rental fee p refund for less than five (5) days notice of cancellation. The user will pay an additional hourlyfee if an activitygoes over the reserved time. Said additional fee will be deducted from the deposit. - 5 - LIBRARY FACILITIES The following meeting rooms are available for reservation and use: • Library Room 1 (100 person capacity) • Library Room 2 (6 person capacity; food and drink prohibited) Library facilities are available during normal library business hours (MWFSat 9AM to 5PM, TThur 11 AM to 8PM). Rooms may be available outside of normal business hours within the discretion of the Library Administrator. The Library Meeting Room Coordinator at (520) 229-5300 is responsible for scheduling and availability of Library Facilities. Kitchen facilities are available with reservation of Library Room 1; however the user is responsible for providing all food and beverage and any necessary cooking utensils and/or equipment. Organizations or groups wanting to schedule use of the Library Facilities must schedule at least seven working days prior to the event or meeting unless waived by the Town Manager or designee, but may reserve Library Facilities up to three months in advance. A use agreement must be completed and include the necessary information and an indemnification agreement or certificate of insurance. The person scheduling and signing the use agreement must be at least 18 years of age. Yearly use agreements may be requested for meetings or events that occur on a monthly basis. Approval of such agreements is at the Discretion of the Library Administrator. Groups or organizations that obtain approval for such an agreement will be required to pay a $3200 deposit at the beginning of the year to cover any expense incurred by the Town for repair or clean-up required by the usage. At the conclusion of the year, any funds remaining from the deposit shall be returned to the user. There is no hourly fee required for the use of Library Facilities. - 6 - TOWN OF ORO VALLEY MEETING ROOM APPLICATION Name of Organization: Mailing Address: Person Responsible: Telephone: Email: Fax: Town Facility Requested: ❑ Council Chambers (150 person capacity) o Town Magistrate Courtroom (60 person capacity) o Library Room 1 (Meeting Room— 100 person capacity) .e T :4.f-ar•. De m 2—Ec•-oups Study Room 6--por,s.e.14-eapa€44,3A— Dates) requested: Time requested: Type of Event: Estimated number of participants: 411100 Have you used Town facilities within the past 12 months? When? Food beverage service? o Yes o No If yes, please specify: Signature below acknowledges that the authorized representative has read and agrees to abide by the rules and regulations outlined in the Town's Meeting Room Policy. Payment of deposit and rental fees should be attached and submitted at the time of application. Make checks payable to Town of Oro Valley. Applicant's Signature Date Staff Use Only o Application received o Key Issued To: o Hold Harmless Agreement received ❑ Meeting Room policy given to applicant o Insurance required? o Key Returned ‘110- o Copy of policy received Insurance Policy # Agent o Deposit received o Rental fee received Amount? Notes: PIMA COUNTY PUBLIC LIBRARY POLICY —*"'144-'*%Nk1/10..111 Pima County Public Library www.library.pima.gov Meeting Use Purpose To set forth the primary terms and conditions for public use of library meeting rooms. Policy Meeting room facilities in libraries are provided at no charge to organizations engaged in educational, cultural, civic, intellectual or charitable activities. Commercial programs and programs designed to solicit business are not permitted. Personal social functions are not permitted. An authorized representative for the group must complete the Application for Meeting Room Use. Public inquiries regarding any group's meetings will be referred to the contact person on the application form. The library does not guarantee that a meeting room will be available to a group at a specific time. Library and government purposes, such as library programs, staff meetings or government-related activities, have scheduling priority. Any group or individual may be prohibited from using library meeting rooms for one (1) year for failing to use the meeting room as scheduled or for violating any of the meeting room use provisions set forth on the application form or in this policy. The following requirements apply to meeting room use: 1. All functions and events must be free and open to the public, therefore, except for library-related purposes, no money may be collected. 2. Groups shall not require audience members or participants to sign in. 3. Any community group may book a meeting room. The individual that completed the application form will be held responsible for ensuring that the room is used in accordance with library rules. BOS policy 32.10 Adopted August 7,2007 • 4. Unless allowed by the library manager, community groups may use a meeting room no more than three times in a three-month period. 5. Community groups may schedule a meeting room no more than 90 days in advance. When a study room is not available, literacy tutors and other individuals may use a vacant meeting room at the discretion of the library manager, but may not reserve a meeting room in advance. 6. Meeting rooms are available for group use during the hours the library is open to the public. Meeting rooms may be used before or after regular library hours at the discretion of the manager. 7. Youth groups must have an adult sponsor present at all times. 8. Groups are responsible for publicizing their own events. The Library will, however, include community meetings in its on-line calendar of events. 9. If the group intends to run advertisements in the media or otherwise advertise their program, a copy of each advertisement must be submitted to Library Administration for approval prior to printing or airing the ad. 10. Groups may bring and use their own audio visual or computer equipment. Wireless Internet access is available in all library meeting rooms. Some library audio visual equipment may be available for use and must be reserved in advance. Library staff NIP will not assist with the operation of any equipment. 11. Food may be served. 12. Smoking and alcoholic beverages are prohibited. 13. Groups must vacate the meeting room ten minutes before the library closes, except where other arrangements have been made with the manager. 14. Groups are responsible for setting up the room for their use and for cleanup afterwards. At the conclusion of the meeting, furniture must be returned to the configuration established by the library. For information about meeting room capacity, equipment or availability contact your local library or check out our facilities at www.library.pima.gov. The Pima County Public Library does not advocate or endorse the viewpoints expressed in any meeting or the viewpoints and policies of organizations that use library meeting rooms. 111100 BOS policy 32.10 Adopted August 7,2007 TUCSON-PIMA PUBLIC LIBRARY Application for Meeting Room Use Name of Organization Date of Application Address of Organization Telephone Purpose of Organization Name of Individual Filing Application lication Office in Organization Address *Telephone *This telephone number will be given in response to any public inquiry.* Meeting room facilities in libraries are provided free of charge for library and library sponsored programs, and for non-profit community sponsored programs which are educational,cultural, or civic in content. Commercial programs, for-profit,and personal social functions are not permitted. All functions must be free and open to the public. Goods and services may not be sold or members/clients solicited. Presenters who wish to place advertisements with the media,or otherwise advertise programs, must clear copy with Library Public Information Officer(791-4391)prior to publication. In consideration of the use of a meeting room each organization agrees to (a)pay for all damage to any property of the City of Tucson/Pima County resulting directly or indirectly from the conduct of any member, officer,employee or agent of the organization, or any of its invitees; (b)defend,hold harmless, and indemnify the City of Tucson/Pima County and the Tucson- ' 'a Public Library from and against any and all liability which may be imposed upon them, or either of them, for any injury to ons or property caused by the organization or any person in connection with a meeting;and(c)use the space in compliance with Article III of Chapter 17 (Secs. 17- 11 et seq.)of the�Tucson Code. P It is understood and agreed that the City of Tucson and the Tucson-Pima Public Library assume no responsibility whatever for any property placed in any library in connection with a meeting; and that the City of Tucson and the Tucson-Pima Public Library are hereby expressly released and discharged from any and all liability for any loss, injury,or damages to persons or property which may be sustained by reason of a meeting. Fire Department regulations will be observed in all meetings. Nothing may be fastened or attached or affixed to the walls of the meeting room. Decorations, if any, must be approved by the library. Rooms must be left in an orderly condition. Meetings may not disrupt the use of the library by others,and persons attending meetings are subject to all library regulations and policies. I have read and agree to abide by the above statement and the regulations of the Library governing public meeting rooms found on the reverse side of this form,and to use the space in compliance with Article III of Chapter 17 (Secs. 17-11 et seq. )of the Tucson Code. Approved by Signature of applicant Date " `` Revised 1/99 �awr. 1. TOWN OF ORO VALLEY 3 ',4OUNCIL COMMUNICATION MEETING DATE: October 17, 2007 TO: HONORABLE MAYOR AND COUNCIL FROM: Matt Michels, Senior Planner SUBJECT: Public Hearing: Ordinance No. (0) 07 - 39 , amending the Permitted Uses and Development Standards for the Campus Park Industrial (CPI) Land Use District within the Rancho Vistoso Planned Area Development (PAD) to add Hotel to the permitted uses, and allow for a maximum height for a proposed hotel up to 60 feet for NCH Corporation/Transwest Properties, being represented by The Planning Center, OV9-07-02A. EXECUTIVE SUMMARY: The applicant's request is to amend the Rancho Vistoso PAD to allow for the development of a hotel, up to sixty (60') feet in height, on a parcel within the southeast portion of Innovation Corporate Center (ICC) in the southern portion of Neighborhood 3, along Tangerine Road. The application is to amend the Permitted Uses and Development Standards for the Campus Park Industrial (CPI) Land Use District within the Rancho Vistoso PAD to add Hotel to the permitted uses, and allow for a maximum height for a proposed hotel up to 60 feet from the finished grade to the top of parapet on the applicant's property. LANNING AND ZONING COMMISSION RECOMMENDATION: The Planning and Zoning Commission recommends (4:2) approval of the request to amend the Rancho Vistoso PAD to allow the hotel use in the CPI zone. The Planning and Zoning Commission recommends that the request to allow a height limit over that for other CPI uses for a hotel on this site be denied. They further recommended denial of the withdrawn request for modification of the Tangerine Road Corridor setback requirements for this site. See below for additional discussion of the Planning and Zoning Commission action. BACKGROUND: Process to Date Neighborhood Meeting March 29, 2007 P&ZC Public Hearing for original proposal (0V9-07-002) April 3, 2007 P&ZC Public Hearing for amended proposal (0V9-07-002A) July 12, 2007 Resubmittal for Town Council September 13, 2007 Town Council Hearing October 17, 2007 The original request to include hotels in the CPI land use district and the additional height was brought before the Planning and Zoning Commission (P&ZC) at the April 3rd, 2007 meeting. The recommendation was for approval of the proposed development standards for hotels but denial of the requested 75 foot height. Staff had proposed the addition of a new Section 2, Specific Property Development Standards for Hotels, to Section 1.3.H, 'Jffice Park Development Standards within the Rancho Vistoso PAD. This proposed section was not included in ale motion to approve the hotel use. In an effort to be fair and consistent throughout the CPI district, hotels should be an allowable use on any CPI property. However, hotels would be limited to the CPI maximum building height of thirty-six (36') feet except TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 2 of for the applicant's property. The original proposal included a 1,000-foot area from Tangerine Road northward w a maximum buildingheight of 75 feet. However, concerns were raised that this was too broad that would allow g and may allow fora proliferation of taller hotels along this corridor. The current request for additional height is Further discussion of the proposed height standard is contained in the Location and Height of site specific. p p g Hotels section of this report. Subsequentoriginalproposal,to the ro osal, theapplicant requested a reduced 185-foot building setback from the property line/right-of-way line/ri ht-of- line to address non-compliance of their proposal with the 4:1 Tangerine Road Corridor OverlayDistrict (TRCOD) setback standard. The amended request was given a new Oro Valley case from OV9-07-002 to OV9-07-002A, which is the current OV#). The amended request was heard number (OV#, . at the Jul 12th Planningand ZoningCommission meeting and was recommended for denial. Further discussion July of the P&ZC recommendation is contained below. PLANNING AND ZONING COMMISSION RECOMMENDATION: At their meeting of April 3rd 2007, the P&ZC voted (4:2)to approve the addition of Hotels to the permitted uses in p the CPI district at the height currentlypermitted by the PAD (36 feet, 44 feet on slopes from 15 to 25 percent), but g the motion did not include staff'sosero d Specific Property Development Standards for Hotels (Section 2 in p p Rancho Vistoso PAD Section 1.3.H), (see Planning and Zoning Commission Exhibit 'A', attached). Following are the motions: Vice-Chair McKee moved to deny the application primarily on the grounds that it should have gone through the general plan amendment process rather than a PAD amendment process. The motion failed a 3y es 3 no vote. Another motion was made to approve the addition of hotels to the permitted uses at the heighr alreadyby allowed the PAD, based on the assertion that the hospital was a unique community facility that should be allowed additional height due to its value to the community and that other buildings, such as the proposed hotel, do not warrant additional height. There were no additional conditions specified by the Commission. The motion carried 4 yes, 2 no. The minutes from this hearing are attached for your reference. July At their meetingof 12th 2007, the P&ZC voted 6:0 to deny the proposed text amendments to Policy 9 for Neighborhood 3 of the Rancho Vistoso Planned Area Development (PAD) and to Section 24.1.B.1.b.i of the n erine Road Corridor OverlayDistrict in the Oro Valley Zoning Code Revised (OVZCR) to allow for a Tag . buildingsetback fora proposed hotel. Following is the motion: Commissioner Adler moved that the reducedp p P&ZC recommend to Council that the 4:1 setback ratio as reflected in the Tangerine Road Corridor Overlay District in the Oro Valley Zoning Code be retained. Commissioner Pivirotto seconded the motion. The motion carried 6 yes, 0 no. The minutes and staff report from this hearing are attached for your reference. At both p public hearings, publicspeakers s eakers on the issue primarily expressed concern about building height. ANALYSIS OF REQUEST: The proposed text amendments are site-specific for the proposed hotel to be located on the applicant's parcel. applicant previouslyproposed an amendment Section 24.1.B.1.b.i of the TRCOD in the OVZCR to allow The pp p p for a reduced buildingsetback to 185 feet. As discussed, this request was recommended for denial at the July 12th P&ZC hearing and d theapplicant has since modified their proposal and has withdrawn this request and the current proposal conforms to the TRCOD setback standard. triemommarf TOWN OF ORO VALLEY ;'OUNCIL COMMUNICATION Page 3 of 6 Location and Height of Hotels • Hotels and motels up to the CPI maximum height of 36' (44' on slopes from 15 to 25 percent) will be allowed throughout the CPI district. Staff recommends that hotels be restricted to CPI zoned areas (primarily Rancho Vistoso Neighborhood 3) where they will have best proximity to major transportation, medical, retail, office and technological park facilities. The applicant desires additional height (60') to accommodate the development of a large (-244 room) hotel on the southeast corner of Innovation Corporate Center East (ICCE). Their goal is to be less visually intrusive than the existing hospital. The following table shows the height requirements of the proposed standards with those of the Northwest Medical Center-Oro Valley and the existing Rancho Vistoso PAD CPI standards: Facility Height Proposed Hotel Standards 60 ft Existing Hospital 74 ft Rancho Vistoso CPI 36-44 ft • A Hotel over 36 feet will only be allowed on the applicant's parcel (Parcel #223-02-021D). The location east of Innovation Park Drive and immediately north of Tangerine Road is slightly lower than other surrounding areas. The Northwest Medical Center, built in 2004, is nearly 74 feet tall yet the verticality of the structure is mitigated and de-emphasized by its lowered building site and by the surrounding higher topography. The requested height of 60 feet for the hotel will not impede views or stand out as prominently as it might in other areas. The proposed hotel is much smaller in scale and the overall mass of the structure will be much less than the hospital. Further, the proposed location of the 60-foot hotel is in proximity to major transportation corridors (Oracle Road, Tangerine Road, and Innovation Park Drive), the Northwest Medical Center, technology firms such as Ventana Medical Systems, the Oro Valley Marketplace, which is across the street, and other businesses and offices. The tradeoff for additional height is more open space and buffers on-site. A lower building would mean less open space and buffers assuming the same number of rooms or square footage. The applicant's goal is to maintain the predominantly low-scale suburban look of the area, while providing a meaningful service for the area. The visual impact is mitigated by the generally lower elevation of the site relative to surrounding hills and ridgelines and the distance from the nearest residential use. The nearest home, in Catalina Shadows to the south, is approximately 2,200 feet or .42 miles. The view from the west toward Pusch Ridge and the Catalina Mountains will not be severely impacted, nor the view from the south toward the Tortolita Mountains, primarily based on the lowered site and situation of the hotel. The applicant's viewshed analysis (attached as part of the overall application) demonstrates this. TOWN OF ORO VALLEY COUNCIL COMMUNICATION Pale 4 of 6 Mountains, primarily based on the lowered site and situation of the hotel. The applicant's viewshed analysis (attached as part of the overall application) demonstrates this. TRCOD/ORSCOD COMPLIANCE: The proposed hotel developmentthoroughly will be thorou hl reviewed for code compliance at the development plan stage. The proposal will be able to meet all standards of TRCOD and Oracle Road Corridor Overlay District (ORSCOD). GENERAL PLAN COMPLIANCE: The following policies are notable for this amendment: Land Use Policy 1.3.2: The Town shall encourage new development to locate uses that depend on convenient transportation access (e.g., g higher densityresidential and commercial) near major arterial streets. The area of the proposed hotel is in close proximity Tangerine to Tan erine Road, Oracle Road, and Innovation Park center across Drive. There will be a SunTran transitTangerine Road in the Oro Valley Marketplace, offering transit access to workers and patrons of the hotel. Transportation Special Area Policies La Cholla-Tangerine, Guidelines for Commercial Development: More intense uses such as hotels and retail commercial shall be located closer to arterial street access points and away from existing less intense uses. The proposed location of a hotel in close proximity Tangerine to Tan erine Road, Oracle Road, and Innovation Park Drive is consistent with this policy. Economic Development .ff Policy 3.1.5: The Town shall continue its efforts to attract new high-end retail and service businesses, under-represented cate ories, in order to help reduce expenditure leakage. especially those inp g The proposed hotel use will provide acomplementary ry needed, lementa use to the nearby hospital, medical facilities, Oro shoppingcenter, and technology industries such as Ventana Medical Systems. Valley Marketplace PUBLIC NOTIFICATION AND COMMENT: 600' the owner'sproperty, all CPI properties within Rancho Vistoso, and all HOAs All property owners within of been notified of the public hearing in accordance with the Town notification within the affected area have requirements. TOWN OF ORO VALLEY 7UNCIL COMMUNICATION Page 5 of 6 There have been several inquiries requesting further explanation and clarification regarding the proposal. There were four (4) speakers in opposition to this proposal at the April 3rd P&ZC hearing and there were nine (9) speakers in opposition to the modified proposal at the July 12th P&ZC hearing. The applicant held a neighborhood meeting on March 29th, 2007. Approximately 15 residents were in attendance. The issues discussed included the nature of the proposal, the appropriateness of the proposed use for the site, the possible viewshed impacts of the hotel. Concerns were also expressed about the proposed hotel's signage and lighting. PROS AND CONS: Pros 1. A 60-foot hotel in the defined area near Tangerine Road will not adversely impact views from surrounding properties. 2. The Northwest Medical Center-Oro Valley height is 74 feet from finished grade. The proposed specific development standards are intended to ensure that hotels will have no greater visual impact than the existing hospital. 3. The southern portion of Neighborhood 3 is an excellent location for a hotel facility that will serve and complement surrounding uses such as the hospital, technology industries, general offices, the Oro Valley Marketplace, and other businesses in the vicinity. 4. The nearest home, in Catalina Shadows to the south, is approximately 2,200 feet or .42 miles. 5. The 60-foot height limit will be restricted to this specific property. Cons 1. There will be some visual impact on residents of Catalina Shadows to the south, as well as from Tangerine Road and Oracle Road. However, Oro Valley Marketplace will be developed in between Catalina Shadows and the hotel. 2. The 60-foot height limit is not consistent with the height limit for other CPI zoning in the Rancho Vistoso PAD. CONCLUSION: This proposed amendments to the Rancho Vistoso PAD have been measured against the goals and policies of the General Plan, the standards the TRCOD and the ORSCOD, as well as a visual analysis of the potential viewshed impacts of the proposal. This proposal will be able to meet all of these regulations and guidelines. SUGGESTED MOTIONS: The Town Council may wish to consider one of the following motions: cove to [adopt, adopt with conditions, OR deny] Ordinance No. (0) 07- 39 , amending the Permitted Uses ‘thd Development Standards for the Campus Park Industrial (CPI) Land Use District within the Rancho Vistoso PAD to add Hotel to the permitted uses in Section 1.3.H.1.b.2, and allow for a maximum height for a proposed hotel up to 60 feet in Section 1.3.H.1.c.2, as shown in Exhibit 'A'. TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 6 of Attachments: Attachment 1 Ordinance (0) 07- 39 Attachment 2-Applicant's Proposal Attachment 3-Exhibit 'A', P&ZC-recommended Amendment to Section 1.3 of the Rancho Vistoso PAD Attachment 4—Exhibit `B', Proposed Amendments to Section 1.3 of the Rancho Vistoso PAD including additional height allowance for hotel Attachment 5-4-3-07 P&ZC Approved Minutes Attachment 6-4-3-07 P&ZC Exhibit 'A' Proposed Amendments to Section 1.3 of the Rancho Vistoso PAD Attachment 7-4-3-07 P&ZC Staff Report Attachment 8-7-12-07 P&ZC Draft Minutes Attachment 9-7-12-07 P&ZC Staff Report Attachment 10-7-12-07 P&ZC Exhibit `A' Proposed Amendments to Section 24.1.B.1.b.i, OVZCR and Policy 9 for Neighborhood 3 of the Rancho Vistoso PAD F:\OV\OV9\2007\9-07-02A\Reports\TCreport.doc 1 ,cA ( ,'\_//hititi . rah S. More, Planning and Zoning Director \ 7- _.)17 -- Je '- Watson, Assistant Town Manager aza‘ ave"6.-.. David Andrews, Town Manager ORDINANCE NO. (0)07 - 39 AN ORDINANCE OF THE TOWN OF ORO VALLEY, ARIZONA, AMENDING THE PERMITTED USES AND DEVELOPMENT STANDARDS FOR THE CAMPUS PARK INDUSTRIAL (CPI) LAND USE DISTRICT WITHIN THE RANCHO VISTOSO PLANNED AREA DEVELOPMENT (PAD) TO ADD HOTELS TO THE PERMITTED USES AND ALLOW FOR A MAXIMUM HEIGHT FOR A PROPOSED HOTEL UP TO 60 FEET WHEREAS, the purpose of the proposed amendments is to allow for the development of a hotel, up to sixty (60') feet in height, on a parcel within the southeast portion of Innovation Corporate Center (ICC) in the southern portion of Neighborhood 3, along Tangerine Road; and WHEREAS, the Planning and Zoning Commission at the duly noticed April 3, 2007 public hearing, the Commission recommended approval to the Town Council by a 4:2 vote to amend in Section 1.3.H.1.b.2 of the Rancho Vistoso PAD to add hotels to permitted uses in the CPI land use district at the current permitted height limits which is thirty six (36') feet; and WHEREAS, the Planning and Zoning Commission at the duly noticed July 12, 2007 public hearing, the Commission recommended denial to the Town Council by a 6:0 vote to amend Policy 9 for Neighborhood 3 of the Rancho Vistoso PAD and to Section 24.1.B.1.b.i of the Tangerine Road Corridor Overlay District in the Oro Valley Zoning Code Revised to allow for a reduced building setback for a proposed hotel; and IMP WHEREAS, the Oro Valley Town Council has duly considered the proposed amendments and the Planning and Zoning Commission's recommendations at a duly noticed Public Hearing; and finds that it is consistent with the Town's General Plan and the Oro Valley Zoning Code. NOW, THEREFORE,BE IT ORDAINED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF ORO VALLEY: SECTION 1. Hotel shall be added to Section 1.3.H.1.b.2, the Permitted Uses and Development Standards for the Campus Park Industrial (CPI) Land Use District within the Rancho Vistoso PAD. SECTION 2. Section 1.3.H.1.c.2, Building Height, Campus Park Industrial (CPI) Land Use District within the Rancho Vistoso PAD shall be amended to allow for a maximum height for a proposed hotel up to sixty (60') feet solely on Parcel #223-02-021D. SECTION 3. That this ordinance and the various parts thereof are hereby declared to be revocable. If any section, sub-section, sentence, clause, word or phrase of this ordinance is, for any reason, held to be unconstitutional, such holdings shall not affect the validity of the remaining portion of this ordinance. SECTION 4. That the amendment as set forth in Exhibit 'A' be and hereby is adopted. t PASSED AND ADOPTED by the Mayor and Council of the Town of Oro Valley, Arizona this 17th day of October, 2007. TOWN OF ORO VALLEY Paul H. Loomis, Mayor ATTEST: Kathryn Cuvelier,Town Clerk Date: APPROVED AS TO FORM: Town Attorney Date: F:\OV\OV9\2007\9-07-02A\ORDINANCE NO 07--.doc . • ,,., . • ...., .47--.!,., . --•..- ...- ,. W .. -- :itil.„..,4:, • ' - ''h'IP;: ''' 1 6. . II. , .. P.),,,-.:- .-.ft.',•---*-4.7- -, -•;•1'• .T-- •-,k-44.-:r. ',• -•,--.--- -..-. ,,,,..4.it.• , . . ,--;--- - •i,,,•, ,, ....1.-... ; -.--,-,-: .-..-- , .-• - 't.:?.:...:.-'''-',..*.-..:-.., - • e! ,, - • ..,....:.. __ .,••• . .,- . 1..,...; ,.: -- .tf't - -'--'',' --:',,,..-.,:.,..•,--,Y.,,i21.-.--„:„.-..- " ''' - ' ' *, "‘,`.• -.,. .... ,.‘_ ..,,,,, _. ' ..--cy-*,... :','..„,„ _.. . *A e g Z.,... ;.. b. .' :'- ,' ' ';•".:,,,,. ,,, ,:-:, .,.. 0.2.1 '---' ."'-.-' ''' .'''‘.' 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'.,1..-:,, : ,/,'-:::10'''.::.*:,,.' 4:..4t.4f*"'ir , . . ...„., , 40iii - ,•.....,-. . ....----, .. e, . ., .... . , . .,„ ..,...„ _ , rri ,,- :',..."-;:t5,,,,'T tr: - 4,..k••.,:„. ol _ , • < ',:- , -...,;.,,,.;*,..i '---i•* . i'...•'''',e.:7,t, Tre:•*4, '-'- i ,--i -,,, I' 0',,: ..0!;ii-21-: ,.,,,,,,,, 4 f• ''.. it , / • 71 . tt Z > 0 M vtiii : titil 1 r ct, Tt C Ni 7; cr A-TrAct-tm c(5t-- 4- '3 - D7 " Exhibit "A", 0V9-07-02 Proposed Amendment to Rancho Vistoso PAD Section t3 Land Use/Additional Material NOTE: The text to be added is BOLD IN ALL CAPS The text to be deleted has been A. Office Park Development Standards The Office Park development standards of height, setbacks, open space and yards are listed in the following pages. An illustrative section follows the standards and graphically portrays the conditions that the modified standards will produce. 1. OFFICE/RESEARCH PARK(CPI) a. Purpose: This district is intended to provide for administrative, research and development and office activities in a campus-like setting. All uses shall be of a non-nuisance type and shall blend into the natural desert landscape. This district is to provide employment near residential areas. b. Permitted Uses: 1) As allowed in Article 8-3, Section 8-303, O.V.Z.C.R., T-P Technological Park District. 2) Other uses: a) Administrative and professional offices; b) Apparel (clothing and other products manufactured from textiles): c) Art needlework and handweaving; d) Manufacture of: i) Cameras and other photographic equipment and supplies, ii) Dentures and drugs. iii) Jewelry, iv) Leather products: Including • shoes and machine belting (excluding tanning). v) Luggage, vi) Musical instruments, vii) Orthopedic and medical supplies (such as artificial limbs, braces, supports and stretchers), viii) Small paper products (such as envelopes, stationery, bags, boxes and wallpaper printing), ix) Plastic products: But not including the processing of the raw material, x) Precision instruments (such as optical, medical and drafting), xi) Silverware, plate and sterling. xii) Sporting and athletic equipment, xiii) Toys; • e) Manufacture and assembly of electrical and electronic products; f) Manufacture and packaging of beverage products; g) Manufacture and service of data systems; h) Ink mixing and packaging and inked ribbons; i) Laboratories: Medical, dental, research, experimental and testing; j) Printing, newspaper publishing and binding: including engraving and photo- engraving; k) Soap and detergents: Packaging only I) Warehousing; m) Wholesale business and storage provided there is no outdoor storage. n) Any other manufacturing uses that are similar to those listed above; o) Recreational vehicle storage area in neighborhood 3 only, and further, that the exact location of the of said storage areas be approved by the Planning Commission; (Ord. 89-5) P) HOTELS: I) RETAIL OPERATIONS, SUCH AS GIFT SHOPS ARE PERMITTED WHEN THE USE IS ACCESSORY TO A HOTEL. SUCH USES SHALL BE ENTERED FROM THE INTERIOR OF THE HOTEL. II) CONFERENCE AND MEETING FACILITIES ARE PERMITTED WHEN ACCESSORY TO A HOTEL. Q) The Town Council may add other uses as necessary in addition to the established list. 1) Permitted secondary uses: The following uses shall be also permitted: a) Restaurant facilities, provided such use is accessory to A facility; b) Child care centers; c) Banking or financial facilities; d) Recreational facilities: i) Common areas and recreational facilities shall be located so as 2 to be readily accessible to employees of the firm; ii) Recreational facilities for the use of the Office park employees are encouraged; iii) Facilities may include golf courses, tennis courts, health clubs, basketball courts, and other similar amenities; C. PROPERTY DEVELOPMENT STANDARDS (1). GENERAL Property Development Standards: A4) Minimum Property Size: None B2) Building Height: No building shall exceed 36 feet, except on slopes between 15 and 25 percent, the height shall not exceed 44 feet. C3) Setbacks: a) Front Yard: 25 feet • b) Side Yard: 20 feet or common wall. c) Rear Yard: 30 feet D4) Distance Between Buildings: There shall be a minimum of 10 feet between buildings. E5) Landscaping Requirements: Any part of the lot not required for buildings, . structures, loading and vehicular access, pedestrian walks and hard surface areas shall be landscaped according to the Rancho Vistoso or Sun City Vistoso Design Guidelines as applicable. A minimum of 15 percent of the net total area must be landscaped. F6) A six foot high masonry wall and 4 foot wide landscape screen shall be installed along the perimeter of the recreational vehicle storage area to be permitted in neighborhood 3 only. (Ord. 89-5) G7) Site Coverage: The building site coverage cannot exceed 50 percent. H8) Open Space Requirement: None, See 7) Site Coverage 19) Floor Area Ratio: None, See 7) Site Coverage and 2) Building Height 3 ' 1110 d. Parking for office uses: On-site parking is to be provided at the ratio of a minimum of one space per 250 square feet. (2). SPECIFIC PROPERTY DEVELOPMENT STANDARDS FOR HOTELS A) THE GENERAL PROPERTY DEVELOPMENT STANDARDS IN SECTION C(1) APPLY. B) BUILDING HEIGHT: 1) NO BUILDING SHALL EXCEED THIRTY-SIX (36') FEET, EXCEPT FOR THE SOUTH ONE-THOUSAND (1,000') FEET OF NEIGHBORHOOD 3, WHICH HAS A MAXIMUM HEIGHT OF SEVENTY-FIVE (75') FEET. THIS AREA IS DEFINED AS THOSE PROPERTIES WITHIN INNOVATION CORPORATE CENTER EAST THAT HAVE A FINISHED GRADE BELOW THE ELEVATION OF TANGERINE ROAD. 2) NO BUILDING OUTSIDE OF THE SOUTH ONE-THOUSAND (1,000) FEET OF NEIGHBORHOOD 3 SHALL EXCEED 36 FEET, EXCEPT ON SLOPES BETWEEN 15 AND 25 PERCENT, THE HEIGHT SHALL NOT EXCEED FORTY-FOUR (44') FEET. B) SETBACKS FOR BUILDINGS IN EXCESS OF 36 FEET IN HEIGHT: 1) FRONT YARD: THE MINIMUM SETBACK FROM TANGERINE ROAD SHALL NOT BE LESS THAN A 4:1 BUILDING HEIGHT TO SETBACK RATIO. 2) SIDE YARD: 50 FEET 3) REAR YARD: 75 FEET. C) ARCHITECTURE: 1) THE ARCHITECTURAL DESIGN SHALL BE REGIONALLY APPROPRIATE TO THE SOUTHWESTERN CONTEXT. USE OF STANDARDIZED CORPORATE IDENTIFICATION THEMES INTEGRATED INTO THE ARCHITECTURAL DESIGN SHALL BE AVOIDED AND IS SUBJECT TO DEVELOPMENT REVIEW BOARD (DRB) APPROVAL. 2) BUILDINGS SHALL UTILIZE A MUTED COLOR PALATE TO HELP 4 THE BUILDING BLEND MORE SEAMLESSLY INTO ITS SURROUNDINGS. 3) THE ELEVATION DESIGN OF THE BUILDING(S) SHALL PROVIDE DESIGN CHARACTER AND DETAILING ON ALL FOUR (4) SIDES. ALL SCREENING DEVICES USED FOR ROOFTOP MECHANICAL EQUIPMENT SHALL BE COMPATIBLE IN DESIGN AND COLOR TO THE REST OF THE STRUCTURE. ROOFTOP MECHANICALS SHALL BE SHIELDED FROM VIEW ON ALL FIVE (5) SIDES. 4) BUILDING ENTRIES SHALL BE CLEARLY ARTICULATED AND SHALL PROVIDE CLEARLY ARTICULATED PEDESTRIAN SCALE BY THE USE OF LOW LEVEL DETAIL, TEXTURES, COVERED OR RECESSED AREAS. 5) EXCESSIVE EXPANSES OF GLASS, ESPECIALLY CURTAIN WALLS, AND UNFINISHED SURFACES ARE PROHIBITED. GLASS AREA SHOULD NOT DOMINATE THE SURFACE AREA, EXCEPT AS MAY BE 110 DESIRED ON THE GROUND LEVEL. FACADES SHALL BE BROKEN UP BY RECESSES, OFF-SETS OR OTHER ARTICULATION AT REGULAR INTERVALS. VARYING ROOF LINES OR HEIGHTS ARE ENCOURAGED. 6) ALL GLASS AND SIDING MATERIALS USED MUST BE LOW-REFLECTIVITY (<60%). THE REFLECTIVITY VALUE MAY BE FURTHER REDUCED IF THERE IS GLARE OR OTHER REFLECTIVE IMPACTS ON ADJACENT PROPERTIES. D) LANDSCAPING: 1) ALL LANDSCAPING INCLUDING TRASH AND REFUSE COLLECTION AREAS SHALL BE IN ACCORDANCE WITH THE ORO VALLEY ZONING CODE REVISED SECTION 27.6. 2) FOR BUILDINGS IN EXCESS OF 36 FEET, A TWENTY(20') LANDSCAPED BUFFER SHALL BE PROVIDED FOR AREAS AROUND ALL FOUR SIDES OF THE BUILDING, EXCEPT FOR LOADING ZONE AREAS. VI ,, 3) THE AREA AROUND THE GROUND FLOOR SHALL INCLUDE PEDESTRIAN-SCALE FEATURES, SUCH AS SHADE STRUCTURES, LANDSCAPING, SEATING AMENITIES, PUBLIC ART, AND OTHER 5 r Y T • APPROPRIATE HUMAN-SCALED FEATURES. E) AT LEAST 25% OF THE LOT SHALL BE RESERVED AS NATURAL OR LANDSCAPED OPEN SPACE. F) LIGHTING: ALL LIGHTING SHALL BE FULLY SHIELDED. G) PARKING: VEHICULAR TRAFFIC USING THE MAIN ACCESS DRIVE(S) SHALL BE DIRECTED, BY DESIGN, AWAY FROM PEDESTRIAN PATHS OR OTHER AREAS OF HIGH PEDESTRIAN ACTIVITY. H) SIGNS: ALL SIGNS SHALL BE IN CONFORMANCE WITH CHAPTER 28 SIGNS OF THE OVZCR. • 6 A44.. , • i 1 tat tAlw.vcr TOWN OF ORO VALLEY PLANNING AND ZONING COMMISSION REPORT MEETING DATE: April 3, 2007 TO: PLANNING AND ZONING COMMISSION FROM: Matt Michels, Senior Planner SUBJECT: Public Hearing, OV9-07-02, The Planning Center, representing NCH Corporation, proposes a text amendment to the Permitted Uses and Development Standards for the CPI Land Use District within the Rancho Vistoso PAD to add Hotel and Motel to the permitted uses and allow for a maximum hotel height up to 75 feet. EXECUTIVE SUMMARY: The applicant has made an application to amend the Rancho Vistoso Planned Area Development (PAD), as follows: • To include Hotel and Motel within the Permitted Uses for the CPI land use district and; • To allow a maximum building height of up to 75 feet from the finished grade to the top of parapet or top of mechanicalp enthouse within a specified portion of Neighborhood 3. The PAD, adopted in 1987, designates portions of Neighborhood 3, which is generally bounded by Big Wash on the west, Rancho Vistoso Boulevard on the north, Oracle Road on the east, and Tangerine Road on the south, and ag ortion of Neighborhood 2, located north of Rancho Vistoso Boulevard, as Commerce Park-Industrial p (CPI). The associated zoning classification is T-P (Technology Park). These areas are intended for the development of major offices and research park facilities in a campus-like setting. Other secondary uses that primarily serve the CPI uses, such as restaurants and recreational facilities are allowed. Hotels are currently not allowed within the CPI district, but may be developed in the following districts: Town Center district, the Resort district, and within C-1, Commercial. Thep �u ose of the proposed amendment is to allow for the development of a hotel, up to seventy-five (75') feet in a on,hei htparcel within the southeast portion of Innovation Coiporate Center East (ICCE) in the southern g portion of Neighborhood 3, along Tangerine Road. In an effort to be fair and consistent throughout the CPI district, hotels should be an allowable use on any CPI property. However, hotels should be limited to the CPI maximum building height of thirty-six (36') feet except within the far southern portion of Neighborhood 3. This proposed standard is discussed further on Page 2. Staff p developed specific development standards for hotels within the CPI district. The proposed standards are p intended to addressp roperty development standards and design issues that are needed to reduce the visual impact and ensure compatibility of hotels with surrounding land uses. Staff also recommends excluding the motels from the allowable uses in that they are typically less aesthetically appropriate to the CPI district and may bysome to be more nuisance generating and less appropriate for the CPI context than hotels. be considered TOWN OF ORO VALLEY 40, PLANNING AND ZONING COMMISSION REPORT, 0V9-07-02 Pa2e 2 BACKGROUND: The Development Standards are consistent with and in some cases exceed those of the OVZCR and the Rancho Vistoso PAD. The most significant deviation from the already established PAD standards is the maximum allowable height of 75 feet for hotels and motels within one-thousand (1,000) feet of Tangerine Road in the southern portion of Rancho Vistoso Neighborhood 3. Staff's objective is to create standards that minimize the obtrusive visual impacts of hotels, especially a proposed 75-foot hotel in Innovation Corporate Center East (ICCE) through the following site development standards and guidelines: Location and Height of Hotels • Hotels and motels up to the CPI maximum height of 36' (44' on slopes from 15 to 25 percent) will be allowed throughout the CPI district. Staff recommends that hotels be restricted to T-P zoned areas (Neighborhood 3 and a portion of Neighborhood 2) where they will have best proximity to major transportation, medical, retail, office and technological park facilities. The applicant desires additional height to accommodate the development of a large ('-200 room) hotel on the southeast corner of Innovation Corporate Center East (ICCE). The goal is to be no more visually intrusive than the existing hospital. The following table shows the height requirements of the proposed standards with those of the Northwest Medical Center-Oro Valley and the existing Rancho Vistoso PAD CPI standards: Facility Height Proposed Hotel Standards 75 ft Existing Hospital 74 ft Rancho Vistoso CPI 36-44 ft • Hotels over 36 feet will only be allowed in the southern portion of Rancho Vistoso Neighborhood 3, within one-thousand (1,000) feet of Tangerine Road. The location east of Innovation Park Drive and immediately north of Tangerine Road is lower than other surrounding areas. The Northwest Medical Center, built in 2004, is nearly 74 feet tall yet the verticality is mitigated and de-emphasized by its lowered building site and by the surrounding higher topography. The requested height of 75 feet will not impede views or stand out as prominently as it might in other areas. Further, the proposed location of the 75-foot hotel is in excellent proximity to major transportation corridors (Oracle Road, Tangerine Road, and Innovation Park Drive), the Northwest Medical Center, technology firms such as Ventana Medical Systems, the Oro Valley Marketplace, and other businesses and offices. • The proposed 75-foot hotel will not impact the views of the homes on the various ridges in Rancho AIMPP Vistoso to the north and west. The only neighborhood with any potential impact is Catalina Shadows to the south of Tangerine Road. Some of this neighborhood will be able to see a 75-foot building. TOWN OF ORO VALLEY PLANNING AND ZONING COMMISSION REPORT, OV9-07-02 Page 3 The visual impact is mitigated by the lower elevation of the site and the distance from the nearest residential use. The nearest home, in Catalina Shadows to the south, is approximately 2,200 feet or .42 miles. Setbacks • The required setback from Tangerine Road per the Tangerine Road Corridor Overlay District is a minimum 4:1 setback to height ratio, which equates to a 300' setback for the proposed 75' building. This setback will be adequate to de-emphasize the hotel from Tangerine Road. The hospital complies with this standard. • The proposed building setbacks for hotels in excess of 36 feet in height have been developed in a manner to ensure that the building is setback from major roadways a sufficient distance for aesthetics and to reduce the visual impact of the building mass from Tangerine Road and Innovation Park Drive. The building setbacks, as proposed, compared with the requirements of the OVZCR and Rancho Vistoso PAD, are shown in the following table: Front Side Rear Proposed 75' Hotel Standard 4:1 50 ft 75 ft OVZCR TP Zoning 35 ft 50 ft 50 ft Rancho Vistoso CPI 25 ft 20 ft 30 ft Proposed Development Standards and Guidelines for Hotels • Hotels shall incorporate contextually-appropriate Southwestern architectural design themes and elements. In keeping with the spirit of the Town's existing Southwestern design character, the use of appropriate architectural themes is an important element in creating a building that responds positively to the natural and built environment with a minimum amount of negative visual impacts. • Hotels shall blend harmoniously with the surroundings and not impose a visually-obtrusive impediment to the viewshed. Given the predominance of low-rise buildings in the Town, it is imperative that the hotel blend well into its context so that it does not "stick out" and diminish or disrupt surrounding views and the existing natural and man-made context of the area. The proposed hotel, as depicted, will not contribute to visual clutter or disturb existing views of Pusch Ridge, the Tortolita Mountains, and other natural features. • In an effort to avoid incompatible and visually-intrusive designs, typically corporate and franchise architecturally styles shall be avoided and must be approved by the DRB. This condition is intended to prevent the use of a potentially inappropriate "off the shelf' corporate or franchise designs. The DRB shall carefully scrutinize any proposal for a proposal of this height. 'Slow • Because the top of the building may be visible from adjacent development or rights of way, consideration shall be given to all sides of the building, including the rooftop. The intent of the requirement is to ensure that the screening and treatment of mechanicals is well integrated and compatible with the primary architecture and not just a"tack on"or "afterthought." TOWN OF ORO VALLEY PLANNING AND ZONING COMMISSION REPORT, OV9-07-02 Page 4 • Large expanses of glass are prohibited (i.e. glass curtain walls), except on the ground floor. The concern with large expanses of glass is the high reflectivity and lack of articulation and appropriate Southwestern style typical of glass-walled structures. • All glass and siding materials used must be low-reflectivity (<60%). The reflectivity value may be further reduced if there is glare or other reflective impacts on adjacent properties. This is intended to reduce glare and promote energy efficiency. This is especially important on a taller hotel, which could reflect glare over a greater distance than a more low-rise building. • All hotels shall utilize a muted color palate, with the primary objective to help the building to blend into its surroundings. Because the hotel will be more prominent due to its height, it is important that the colors be sufficiently subdued and muted.as not be a visual distraction. The existing hospital is a good example of judicious use of muted, non-ostentatious colors. • All rooftop mechanicals, including HVAC units and antennas shall utilize "5-sided screening" (including the top). The purpose of this requirement is to ensure that the roof of the hotel is adequately treated and is aesthetically pleasing. • At least 25% of the lot shall be reserved as natural or landscaped open space. The requirement of open space will help to mitigate the dominance of the hotel building on the site by providing attractive natural or landscaped areas. Landscaping • The area around the ground floor shall include pedestrian-scale features, such as shade structures, lush landscaping, seating amenities, public art, and other appropriate human-scaled features. The first floor area should be human-scaled, attractive, and comfortable for pedestrians and those interacting with the hotel on the ground level. The use of the aforementioned features will serve to achieve this aim. • For buildings in excess of 36 feet, a twenty (20') landscaped buffer shall be provided for areas around all four sides of the building. The rationale for the wider buffer is that taller buildings are more imposing and the additional buffer area will help to soften the buildings appearance and provide a more appropriately scaled buffer next to the building. • All lighting shall be shielded. This provision is intended to ensure that the hotel's lighting does not adversely impact adjacent uses or contribute to light pollution in the area. • Vehicular traffic using the main access drive(s) shall be directed, by design, away from pedestrian paths or other areas of high pedestrian activities. The purpose of this requirement is to maintain a safe and functional separation between pedestrian and vehicular movements. • All signs shall be in conformance with Chapter 28 Signs of the OVZCR. Without this standard, the applicant, in most cases, would need a waiver from the Rancho Vistoso PAD standards. TOWN OF ORO VALLEY PLANNING AND ZONING COMMISSION REPORT, OV9-07-02 Pane 5 TRCOD/ORSCOD COMPLIANCE: The proposed hotel depicted in the application has been measured against the standards of the TRCOD and ORSCOD. The proposal will be able to meet all standards of TRCOD and ORSCOD. GENERAL PLAN COMPLIANCE: The following policies are notable for this PAD Amendment: Land Use Policy 1.3.2: The Town shall encourage new development to locate uses that depend on convenient transportation access (e.g., higher density residential and commercial) near major arterial streets. The area of the proposed hotel is in close proximity to Tangerine Road, Oracle Road, and Innovation Park Drive. There will be a SunTran transit center across Tangerine Road in the Oro Valley Marketplace, offering transit access to workers and patrons of the hotel. Transportation Special Area Policies La Cholla-Tangerine, Guidelines for Commercial Development: More intense uses such as hotels and retail commercial shall be located closer to arterial street access points and away from existing less intense uses. The proposed location of a hotel in close proximity to Tangerine Road, Oracle Road, and Innovation Park Drive is consistent with this policy. • Economic Development Policy 3.1.5: The Town shall continue its efforts to attract new high-end retail and service businesses, especially those in under-represented categories, in order to help reduce expenditure leakage. The proposed hotel use will provide a needed, complimentary use to the nearby hospital, medical facilities, Oro Valley Marketplace shopping center, and technology industries such as Ventana Medical Systems. PUBLIC NOTIFICATION AND COMMENT: All property owners within 600' of the owner's property, all CPI properties within Rancho Vistoso, and all HOAs within the Town have been notified of the public hearing in accordance with the Town notification requirements. No public comments have been received to date. The applicant will be holding a neighborhood meeting on March 29th, 2007. TOWN OF ORO VALLEY PLANNING AND ZONING COMMISSION REPORT, OV9-07-02 Page 6 SUMMARY OF FACTORS: Findings for 1. A 75-foot hotel in the defined area near Tangerine Road will not adversely impact views from surrounding properties. 2. The Northwest Medical Center-Oro Valley height is 74 feet from finished grade. The proposed specific development standards are intended to ensure that hotels will have no greater visual impact than the existing hospital. 3. The proposed hotel development standards address standards relating to compatibility in architecture, color, materials, and other standards related to making the project context-appropriate. 4. The southern one-thousand(1,000) feet of Neighborhood 3 is an excellent location for a hotel facility that will serve and compliment surrounding uses such as the hospital, technology industries, general offices,the Oro Valley Marketplace, and other businesses in the vicinity. 5. The proposed building site is currently below the grade of Tangerine Road. 6. The nearest home, in Catalina Shadows to the south, is approximately 2,200 feet or .42 miles. 7. The 75-foot height limit will be limited to the southern one-thousand (1,000) feet of Rancho Vistoso Neighborhood 3. Factors Against 1. There will be some visual impact on residents of Catalina Shadows to the south, as well as from Tangerine Road and Oracle Road. RECOMMENDATION: Staff recommends conditional approval the Development Standards for the Rancho Vistoso Planned Area Development, Section 1.3.A, Office Park Development Standards, by adding Hotels to the permitted uses and by adding a new Section 2, Specific Property Development Standards for Hotels. SUGGESTED MOTIONS: The Planning and Zoning Commission may wish to consider one of the following motions: I move to recommend [approval OR approval with conditions] of OV9-07-02, amending the Rancho Vistoso Planned Area Development, Section 1.3.A, Office Park Development Standards, by adding Hotels to the permitted uses and by adding a new Section 2, Specific Property Development Standards for Hotels, said standards being described in Exhibit "A", attached hereto. OR I move to recommend that the Town Council deny OV9-07-02, the request to amend the Rancho Vistoso Planned Area Development, Section 1.3.A, Office Park Development Standards, by adding Hotels to the permitted uses and by adding a new Section 2, Specific Property Development Standards for Hotels, said standards being described in Exhibit "A". TOWN OF ORO VALLEY 110.) PLANNING AND ZONING COMTS'IISSION REPORT, OV9-07-02 Page 7 Attachments: Exhibit "A" Proposed Amendment to Rancho Vistoso PAD Section 1.3 Attachment 1-Vicinity Map of Rancho Vistoso Neighborhoods 3 and 5 Attachment 2-Area Map for 75-foot Hotel Limit Sarah S. More, Planning and Zoning Director Attachement #1 Vicinity Map-Rancho Vistoso Neighborhoods 2 and 3 _ _ _ / --- :4/1 V Q kw , 0 . * m NV A "P. ZCy $alw y0 L Ne.+Dorb.000Q 2 2 o is p el 0A0,i,i I • °'� 2 G SFR deNtAofme4 / 4.. ,,,. , 4.Gow pe4z.sk-- ' ki,i qv 1 1 JPS 3 ,43 3 ZO w ,, _ _ _ i„hi�ER'�E/ V "t a: '�'»T• tar .'`�,k 4 �� 1G-•4"�": 'C''')..,-. � • t. '•4+x"..gig tY.-`,� .s• •' �'S$ ;. +t -fir. _ ' e !`' ' ..''- • • n - 'Z'''''''''''''''' �r•�'11!�''��Sv . ��t. '.7,",..„._...t-',:-..:' •- _'-e;0)-#.,'.r.. '��• ` „,011.*• .. ; -� u• � �� ' a�€LIQ. '� kL'!_... a •"...� _ ,a. • _' ";.,.....,.*:::f...:• ic.,"�y�r n.4 �t i �4 " '•%.,. : '-' t t.sj' : .� .! 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LA CANADA DRIVE REGULAR SESSION AT OR AFTER 6:00 PM 1. Call to Order at 6:00 p.m. 2. Roll Call PRESENT: Chair Doug McKee Vice Chair Teree Bergman Commissioner Bill Adler Commissioner Ray Paolino Commissioner Clark Reddin Commission Honey Pivirotto (joined meeting at 6:12 p.m.) ABSENT: Commissioner Pete Bistany 3. Call to the Audience opened at 6:02 p.m. Pat Kinsman, 11671 N. Europa Place.,said Oro Valley's goal needs to be to design projects that minimize impact and protects native plant and wildlife. Call to the audience closed at 6:05 p.m. Chair Mckee requested an order change in the agenda. Hearing no objection Chair McKee moved Item 7 before Item 5. 4. Approval of the June 5, 2007, Planning and Zoning Commission regular meeting minutes. MOTION: Commissioner Adler MOVED to approve the June 5, 2007, Planning and Zoning Commission minutes as submitted. Commissioner Reddin seconded the motion. MOTION carried, (5:0). (Commissioner Pivirotto was not present at this time.) ---� 7. Public Hearing: OV9-07-002A, The Planning Center, representing NCH Corporation/Transwest Properties, proposes a text amendment to Section 24.1.B.1.b.i of the Tangerine Road Corridor Overlay District in the Oro Valley Zoning Code Revised and to amend Policy 9 for Neighborhood 3 of the Rancho Vistoso PAD. These amendments are to allow for a 185-foot building setback for a proposed hotel, on one specific parcel, Parcel # 223- 02-021D. Bob Conant, Planning Center, presented the request for a reduction in the setback, which is currently 4:1. The developer is asking for flexibility. Discussion followed regarding: - Setback relief - Intrusiveness of proposal - Size of hotel - ADOT taking additional 100' - Clarification of measurement from roadway to building - Visual impact - Hospital setting a precedent - Number of stories allowed under current code - Where setbacks are measured from. Ms. More stated that the applicant's intent is to take the height issue to the Council. Matt Michels, Senior Planner, gave the staff report, and stated that the proposal would not be any more intrusive. Staff looked at the Town's economic development, and feedback shows this proposal is needed and wanted. Mr. Michels said the primary intent of the setback requirement is to preserve the integrity of the scenic corridor and to not have visual intrusion. Chair Mckee asked how many stories could be built under the current code. PUBLIC HEARING OPENED Joe Hornat, resident, supports the location of the hotel but is concerned that the view will be obscured. Zev Cywan, resident, said it appears that a request for a text amendment in this manner would be inappropriate. Dorothy Bowers,resident, agreed with the previous two speakers and objected to the hotel proposal. Kathleen Pastryk, resident, stated Oro Valley is a beautiful small town and we care about building height. Wayne Krouse, resident, showed a slide depicting dimensions of the slope, grade and building height. The notification required has not been met. The facts are conflicting. He submitted his research for the record. Art Segal, resident, asked why the hotel has to be 75 feet. Bill Gardner, resident, was opposed to the applicant's proposal because there appears to be discrepancies. 2 Bob Peck, resident, has seen a disregard for what the Town stands for. Judy McDonald, resident, questioned why staff offered an answer to a question that was not supposed to be a part of the discussion. PUBLIC HEARING CLOSED Commissioner Adler stated that Commission Members respect staff at the highest level. The Commission and Staff sometimes differ when it comes to the interpretation. The Code and the Plan are somewhat subjective. He sometimes differs from staff on how the Code applies. He said staff should not be depicted as anything other than community interested and community oriented. He does feel that the 4:1 ratio setback should be retained. The number of feet involved is directly related to the height. Although the Commissioner has already decided the height at a previous meeting, the height comes into this discussion because of the ratio. The Commission recommended to the Council in April that the hotels are permitted, as long as they comply with the PAD height limit of 36 feet. Therefore, he will make the following motion. MOTION: Commissioner Adler MOVED that the Planning and Zoning Commission recommend to Council that the 4:1 ratio as reflected in the Oro Valley Zoning Code be retained as it relates to construction in the Tangerine Scenic Corridor. Commissioner Pivirotto seconded the motion. Discussion: Commissioner Adler said that means they can build a hotel there and the setback would be 144 feet if the height was 36 feet, so they would get relief. Vice Chair Bergman will support the motion because the setback request is tied intergrally to the height requirement that we already recommended against. The Commission is not a deciding body. She commended the staff and stated they are very professional and capable. Their job is difficult and complex and they work hard. The Town is lucky to have them. Commissioner Paolino will support the motion. The request for the reduced setback is clearly related to the size and height of the hotel, which is clearly in violation to the current code. The Commission cannot make exceptions and must remain consistent. Chair Mckee will support the motion because of the precedent setting nature of the proposal. If you look at the arguments for giving this what amount to a height variance, they are using the precedent of the hospital as one of the main reasons. If we grant another one, there will be other requests and there will be two precedents. MOTION carried (6:0). Recess: 7:15 p.m. to 7:26 p.m. 3 A-rt-AcA ENT fig TOWN OF ORO VALLEY PLANNING AND ZONING COMMISSION REPORT MEETING DATE: July 12, 2007 TO: PLANNING AND ZONING COMMISSION FROM: Matt Michels, Senior Planner SUBJECT: Public Hearing: OV9-07-02A, The Planning Center, representing NCH Corporation/Transwest Properties, proposes text amendments to Policy 9 for Neighborhood 3 of the Rancho Vistoso Planned Area Development (PAD) and to Section 24.1.B.1.b.i of the Tangerine Road Corridor Overlay District in the OVZCR to allow for a reduced building setback for a proposed hotel. EXECUTIVE SUMMARY: The applicant has made an application to amend the Rancho Vistoso Planned Area Development (PAD) and the Oro Valley Zoning Code Revised (OVZCR), as follows: • To allow for a reduced 185-foot building setback from the property line/right-of-way line. At the April 3, 2007 P&Z Commission meeting, the following items were presented and discussed: • To include Hotel within the Permitted Uses for the CPI land use district in the Rancho Vistoso PAD. • To allow a maximum building height of up to 75 feet from the finished grade to the top of parapet on the applicant's property. • Specific development standards for hotels within the CPI district. The proposed standards are intended to address property development standards and design issues that are needed to reduce the visual impact and ensure compatibility of the proposed hotel with surrounding land uses. The request to include hotels in the CPI land use district and the additional height was brought before the Planning and Zoning Commission at the April 3, 2007 meeting. The recommendation was for approval of the proposed development standards for hotels but denial of the requested 75 foot height. In addition, the proposal does not meet the existing 4:1 Tangerine Road Corridor Overlay District (TRCOD) setback standard. For this reason, the applicant has amended their request to include a reduced building setback from the property line/Tangerine Road right-of-way. Further, the current proposal is site-specific for the increased height and reduced setback. The previously-presented development standards for hotels have been amended to reflect this. The purpose of the proposed amendment is to allow for the development of a hotel, up to seventy-five (75') feet in height, on a parcel within the southeast portion of Innovation Corporate Center(ICC) in the southern portion of Neighborhood 3, along Tangerine Road. In an effort to be fair and consistent throughout the CPI district, hotels should be an allowable use on any CPI property. However, hotels would be limited to the CPI maximum building height of thirty-six (36') feet except for the applicant's property. The original proposal included a 1,000-foot area from Tangerine Road northward that would allow a maximum building height of 75 feet. However, concerns were raised that this was too broad and may allow for a proliferation of taller hotels along this corridor. The current request for additional height is F:\OV\OV9\2007\9-07-02A\Reports\P&Zreport v2.doc •sem TOWN OF ORO VALLEY PLANNING AND ZONING COMMISSION REPORT, OV9-07-02A Page 2 of 5 site specific. Further discussion of the proposed height standard is contained in the Location and Height of Hotels section of this report. BACKGROUND: The proposed text amendments to Policy 9 for Neighborhood 3 of the Rancho Vistoso Planned Area Development (PAD) and to Section 24.1.B.1.b.i of the Tangerine Road Corridor Overlay District in the OVZCR to allow for a reduced building setback for a proposed hotel are intended to accommodate a 75-foot hotel with a reduced setback from the Tangerine Road right-of-way. The request is site-specific for the proposed hotel to be located on the applicants parcel. Location and Height of Hotels • Hotels up to the CPI maximum height of 36' (44' on slopes from 15 to 25 percent) will be allowed throughout the CPI district. Staff recommends that hotels be restricted to T-P zoned areas where they will have best proximity to major transportation, medical, retail, office and technological park facilities. The applicant desires additional height to accommodate the development of a large (-290 room) hotel on the southeast corner of ICC. The proposed hotel will be no more visually intrusive than the existing hospital. The following table shows the height requirements of the proposed standards with those of the Northwest Medical Center-Oro Valley and the existing Rancho Vistoso PAD CPI standards: Facility Height Proposed Hotel Standards 75 ft Existing Hospital 74 ft Rancho Vistoso CPI 36-44 ft • A Hotel over 36 feet will only be allowed on the applicant's parcel (Parcel #223-02-021D). The location east of Innovation Park Drive and immediately north of Tangerine Road is slightly lower than other surrounding areas. The Northwest Medical Center, built in 2004, is nearly 74 feet tall yet the verticality of the structure is mitigated and de-emphasized by its lowered building site and by the surrounding higher topography. The requested height of 75 feet for the hotel will not impede views or stand out as prominently as it might in other areas. The proposed hotel is much smaller in scale and the overall mass of the structure will be much less than the hospital. Further, the proposed location of the 75-foot hotel is in proximity to major transportation corridors (Oracle Road, Tangerine Road, and Innovation Park Drive), the Northwest Medical Center, technology firms such as Ventana Medical Systems, the Oro Valley Marketplace, which is across the street, and other businesses and offices. F:\OV\OV9\2007\9-07-02A\Reports\P&Zreport v2.doc TOWN OF ORO VALLEY PLANNING AND ZONING COMMISSION REPORT, OV9-07-02A Page 3 of 5 Setbacks • The required setback from Tangerine Road per the Tangerine Road Corridor Overlay District is a minimum 4:1 setback to height ratio, which equates to a 300' setback from the Tangerine Road right-of-way/property line for the proposed 75-foot building. Typically the Tangerine Road right-of-way is 300 feet (150 feet on each side of the centerline). • There is additional right-of-way in front of this property in excess of the "standard" 300 feet. The extra property is owned by ADOT and is considered public right-of-way for purposes of determining setbacks. The additional property was obtained for the purpose of constructing a grade-separated interchange at Innovation Park Drive and Tangerine Road. However, there are no current plans to construct said interchange. • It should be noted that the hospital complies with the 4:1 setback to height ratio standard. The hospital does have, however, a much larger parcel (over 20 acres) in order to meet this standard. The applicant's property is much smaller(approx. 7.5 acres) and the proposed hotel would have the main parking field in the front (away from Tangerine Rd.) which is more aesthetically pleasing along the Tangerine Corridor. • The proposed building setbacks for the proposed 75-foot hotel have been developed in a manner to ensure that the building is setback from major roadways a sufficient distance for aesthetics and to reduce the visual impact of the building mass from Tangerine Road and Innovation Park Drive. The building setbacks, as proposed, compared with the requirements of the OVZCR and Rancho Vistoso PAD, are shown in the following table: Front Side Rear Proposed 75' Hotel Standard 185 ft 50 ft 75 ft OVZCR TP Zoning 35 ft 50 ft 50 ft Rancho Vistoso CPI 25 ft 20 ft 30 ft TRCOD/ORSCOD COMPLIANCE: The proposed hotel depicted will be in compliance with the standards of TRCOD and ORSCOD, with the exception of the 4:1 height-to-building setback ratio along Tangerine Road (Section 24.1.E.2.b). The applicant has requested an exception to this standard by amending Section 24.1.B.1.b.i of the OVZCR and Policy 9 for Neighborhood 3 of the Rancho Vistoso PAD, as indicated on Exhibit "A". PUBLIC NOTIFICATION AND COMMENT: All property owners within 600' of the owner's property, all CPI properties within Rancho Vistoso, and all HOAs within the Town have been notified of the public hearing in accordance with the Town notification requirements. 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II., L2 0,-- vi 4,-0 ell• cit, 5-ii Pi, e, V '-g• Ct '44 tt ,...•,...... el) fiti o � (A el) � TOWN OF ORO VALLEY 4 I COUNCIL COMMUNICATION MEETING DATE: October 17, 2007 • HONORABLE MAYOR AND COUNCIL FROM: Pamela J. Pelletier, Planner SUBJECT: OV12-06-28, Southwest Development LLC., represented by The WLB Group Inc., requests review of preliminary plat/development plan for professional offices (63,236 square feet) and restaurant complex (12,850 square feet) on eight acres located east of Rancho Vistoso Boulevard,just north of the Safeway shopping plaza, in Rancho Vistoso Neighborhood 5. DEVELOPMENT REVIEW BOARD RECOMMENDATION At the special session of the Development Review Board held September 26, 2007, the DRB considered the development plan/preliminary plat, the landscape plan, and the open space trade for the Plaza at Vistoso. A motion was made by Vice-Chair Caswell, seconded by Member Buette to recommend approval of the open space trade of OV 12-06-28. The Board recommended approved (5-0). A motion was made by Member Buette, seconded by Vice-Chair Caswell to recommend approval of the development plan/preliminary plat of OV 12-06-28 with the conditions in Exhibit C and the addition that the applicant be required to implement a planting scheme that would prohibit people from walking in the three tiered buffer at the northwest corner. Chairman Zinkin added a friendly amendment to limit the covered arking structures to 10 feet in height. The Board recommended approved of the development plan/preliminary plat (5-0). A motion was made by Vice-Chair Caswell, seconded by Member Shelton to approve the landscape for OV 12-06-28 with a friendly amendment added by Chairman Zinkin that staff work with the landscape architect to minimize the impact of plant debris to the neighbors and maximize the safety of the walls. The Board approved the landscape plan (5-0). EXECUTIVE SUMMARY OF APPLICATION Nature of Application: The application is both a development plan and a preliminary plat. The development plan stage involves resolving all design and site layout issues related to zoning requirements as well as specifications of all reviewing agencies. Once recommendations are made by staff, the development plan is reviewed by the Development Review Board, which in turn forwards the application with its recommendation to Town Council. Development plan approval constitutes authorization for the developer to proceed with the engineering plans and specifications for public improvements, as well the building permit process. The preliminary plat stage involves resolving all design and site layout issues related to zoning requirements as well as specifications of all reviewing agencies. Once recommendations are made by staff, the ireliminary plat is considered by the Development Review Board, which in turn forwards the application iith its recommendation to Town Council. Preliminary plat approval constitutes authorization for the subdivider to proceed with preparation of the final plat and the engineering plans and specifications for public improvements. TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 2 of 9 Current Site Conditions: • The zoning is Rancho Vistoso Planned Area Development C-1 Commercial. • Site is approximately 8.05 acres. • Professional office and restaurant uses are proposed. Proposed Improvements: • The maximump ermitted building height per the Rancho Vistoso PAD is thirty-four feet (34') and three stories. The proposed height is thirty-four feet (34') and two stories. • The site consists of the three (3) larger professional office buildings (19,000 square feet total), one (1) smallerp rofessional office building (6,236 square feet total), and two (2) restaurants (7,650 and 5,200 square feet each). • An open space trade is proposed consisting of 5,751 square feet for 5,479 square feet of p encroachment. BACKGROUND Approvals to Date: The zoning for this site was approved in 1987 as part of the Rancho Vistoso Planned Area Development (PAD). In 1996 and 2005, the General Plan designation of C-1 Commercial was adopted. Architecture for the larger professional offices was approved by the Development Review Board on June 4, 2007. Surrounding Land Uses: Direction Designation Land Use North: Rancho Vistoso PAD —HDR RV Parcel T, 120 residential lots South: Rancho Vistoso PAD—C-1 Safeway Shopping Plaza East: Rancho Vistoso PAD -Open Space Big Wash West: Rancho Vistoso PAD —C-1 Undeveloped Land ANALYSIS OF OVZCR 22.6 B DEVELOPMENT REVIEW CRITERIA Per Section 22.6, "In considering any application for development review, the Development Review Board shall beg uided"by a specific list of criteria when deliberating. The following is a list of noteworthy criteria (in italics) followed by staff commentary: 1. The Development Review Board shall examine the application to insure that all provisions of this Code and all other Codes, master plans, general plans and standards of the Town shall be complied with where applicable. TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 3 of 9 A. GENERAL PLAN COMPLIANCE Development Plan/Preliminary Plat: The development plan/preliminary plat for the Plaza at Vistoso was reviewed utilizing the General Plan 2020. Noteworthy General Plan 2020 polices are listed below. • Policy 1.3.4: "The Town shall encourage clustering of commercial developments at specific nodes or villages that are planned with strict aesthetic and design guidelines. The Town shall discourage strip commercial developments and free-standing pads". The site is located just north of the intersection of Rancho Vistoso Boulevard and Tangerine Road—both are classified as "Urban Minor Arterial" streets. The adjoining property to the south is also zoned Commercial. The proposed uses, professional office and restaurants, complement the existing uses in the vicinity. However, given that the adjoining development to the north is zoned High Density Residential, the following design elements have been incorporated: o A sixty foot (60') building setback along the northern property line - which exceeds the requirements per the PAD of zero (0) side setback. o A fifteen foot (15') double-tiered landscape bufferyard, along the northern property line. o Lighting around all buildings will be fully shielded (this is a condition in Exhibit"A"). As a result of these site design components, the proposed development meets this General Plan policy and DRB .eview criteria. B. RANCHO VISTOSO PAD COMPLIANCE • Community Commercial (C-1) Property Development Standards: a) Building Height: thirty-four feet (34), three (3) stories b) Setbacks: Where the Commercial Zone abuts a residential zoning district, adequate screening between zones shall be provided. i. Front: Twenty feet (20); and ii. Rear: Twenty-five feet (25). c)Distance between Buildings: Ten feet (10). d) Open Space Requirements: There shall be a minimum of ten percent (10%) of the total area retained as open space. The site design meets these property development standards. The office buildings are thirty-four feet, two stories. The restaurants are thirty-four feet, one story. • Trades: Open Space and Areas with Twenty-five Percent(25%) Slopes: The Rancho Vistoso PAD provides the following description: • Development in areas within Rancho Vistoso PAD that have naturally occurring slopes twenty-five percent (25%) and greater is generally prohibited, but limited encroachment may be allowed under certain criteria. TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 4 of 9 In 2002, Town Council acknowledged a set of criteria developed by staff (review the attached "Criteria fo Development in Rancho Vistoso PAD" for a complete list). This policy was acknowledged by Town Council via Ordinance (02-18) and was intended to preserve significant natural areas. Proposals are subject to Development Review Board and Town Council review. Trades are normally provided for review by the Development Review Board and Town Council at the time of the Development Plan submittal. The proposed trade is discussed in detail below. As stated in the Rancho Vistoso PAD, encroachment is allowed into areas that are designated as open space and twenty five (25%) percent slopes are generally prohibited in the PAD. However, the Town has permitted open space trades to occur within the PAD, only if the trade results in a greater benefit - i.e. "meaningful open space" - for the Town. The proposed Plaza at Vistoso site layout does encroach into areas of open space or areas of twenty-five percent slopes (review the sheet 5 of the development plan/preliminary plat for the Open Space Encroachment/Trade Diagram). The amount of encroachment is fairly limited. In this case, a trade is proposed by the applicant and staff supports this request for a number of reasons. First, the original Rancho Vistoso PAD map was drawn with a scale of 1" equals 800 feet. For comparative purposes, the enclosed development plan/preliminary plat is assigned a scale of 1" equals 30'. With the submittal of any plan with designated Rancho Vistoso Open Space, staff must affix the boundaries of the open space line as closely as possible. Many times staff must utilize the intent and definition statements to affix the line because of the inherent inaccuracy that such a large scale map creates. In this case, the areas of twenty-five percent (25%) slopes are not entirely designated as "open space" and some areas designated as "open space" have no slopes (i.e.: buildable area). Due to the inaccuracy of dated information (including environmental studies done in 1987) and physical land changes over time, there are areas identified as open space that do not meet the intent of the designation. Since the inception of the Planned Area Development, the Town has enabled "open space" trades on an acre for acre basis to exchange sub-par areas for ones deemed more desirable. For example, a trade was approved as part of the Ventana Medical Systems development plan (north side of Tangerine Road — along Innovation Way) in which open space was removed in exchange for dedication of the mesquite bosque at the southern tip of the Neighborhood 4. The amount of encroachment into designated open space or areas with twenty-five percent (25%) slopes is approximately 5,479 square feet or 0.13 acres. The proposed trade area is approximately 5,751 square feet or 0.132 acres. This amount exceeds the 1:1 ratio requirement. Furthermore, the primary location of the proposed open space trade benefits the neighbors to the north by permanently designating the area adjacent to their subdivision as open space. This area would otherwise be available for development. Therefore, in summary, all development standards from open space and preservation of twenty-five percent (25%) slopes will be satisfied through a proposed trade agreement. C. OVZCR COMPLIANCE Development Plan/Preliminary Plat: The development plans meet all applicable OVZCR requirements. Noteworthy OVZCR requirements are list& below. • Section 27.7 C 2: Alternative Compliance: Upon written request by the applicant, the Development Review Board (DRB) may approve an alternative parking ratio". • TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 5 of 9 • Section 27.7 D 3 : "Shared Parking: When a mix of non-residential uses creates staggered peak periods of parking demand, shared parking calculations shall be made to reduce the total amount of required parking for retail, office, institutional and entertainment uses". The applicant has submitted an "Alternative Parking Analysis" for review to the DRB (review the attached Alternative Parking Analysis), which includes a specific breakdown of the required parking spaces. In the "Alternative Parking Analysis", a request is made to provide two hundred and seventy-two (272) parking spaces. The required number of parking spaces per the OVZCR is three hundred and nineteen (319). The applicant has included a peak flow calculation within the "Alternative Parking Analysis". The calculations, based on the guidelines from the Urban Land Institute and the City of Tempe, have been utilized to create the peak flow calculations for the Plaza at Vistoso. The calculations are based on a total of 76,086 square feet of buildings - that consists of a specific mix of commercial (restaurant and office uses). The analysis has determined that the peak need for each use (office and restaurant) would not overlap, as typical office users operate during regular business hours (8 am-5 pm), while typical restaurants operate more during the late afternoon and evening. The analysis has determined that two hundred and sixty-two (262) parking spaces are needed for weekday use, and that the weekend demand would require one hundred and twenty-nine (129) parking spaces. The OVZCR parking section was updated and modernized within the past two (2) years. Based on a comparison with the City of Tucson, the Oro Valley parking requirements are already conservative, as to not ?rmit a "sea of parking" at commercial sites. However, the OVZCR also requires a reduction in parking quirements when a "mix of non-residential uses creates staggered peak periods". This reduction is not specified; typically a reduction of up to a maximum of twenty percent (20%) has been recommended for approval in the past. The applicant is requesting a fifteen percent (15%) reduction. Based on the analysis provided in the "Alternative Parking Analysis" and following the requirements set forth in the OVZCR, staff and the Development Review Board support this "Alternative Parking Analysis" with the request for a fifteen percent (15%) reduction in parking requirements. Any change to the mix of land uses proposed shall require a new alternative parking analysis be submitted (please review Exhibit "A"). Public Works: Drainage: The existing onsite drainage patterns (north to south) will be maintained. Onsite drainage from the PAALs will be conveyed directly to catch basins located within the PAALs. These catch basins are part of combination storm drain system and pipe detention system. This proposed system will be constructed using 48 inch storm drain pipes that ultimately drain to an existing constructed channel located approximately 700 feet to the south of the project site. Onsite runoff passes through a first flush treatment system prior to exiting the site. Off-site runoff enters the site near the southwest end through a catch basin drop structure. At this point the off- site runoff is combined with onsite runoff and then passes through the site by means of the storm drain pipe tbir istem. This project conforms to the policies and requirements of the Town of Oro Valley Drainage Criteria Manual. TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 6 of 9 Grading: ThisJro'ect consists of the development of a commercial property. A Type 2 Grading Permit will be required to p constructp rivate access/driveways, parking areas, drainage structures, building pad(s) and site utilities. The grading presented in this plan conforms to the Rancho Vistoso Planned Area Development design guidelines. g g Traffic: This development will be accessed via three ingress/egress points. Two full access points are provided via existing curb cuts on the northern most Safeway driveway, along the southern boundary of the development. The third accessp oint is ingress only and will consist of a new curb cut on Rancho Vistoso Boulevard, approximately 180 feet north of the existing Safeway northern driveway. This Safeway and developerhave provided staff with a written agreement that states that a traffic signal shall be p constructed at the intersection of the northern most Safeway driveway and Rancho Vistoso Boulevard. Staff shall require that this signal be constructed and operational prior to the release of the first certificate of occupancy for this development. Due to the proximity to the existing traffic signal at the intersection of Rancho p y Vistoso Boulevard and Tangerine Road, this new signal shall be designed and constructed to communicate and coordinate theg hasin with the existing light. This new signal will also be required to incorporate the Opticom p emergency vehicle sensor system as required by the Golder Ranch Fire District. At this primary development's ingress/egress point, the drive access located at the western most curb cut in the existing Safeway driveway, there is an existing sight visibility issue in the Safeway Plaza. Caused by the building layout out of the Safeway Plaza in relationship to the existing driveway, there is not adequate room for north boundp arking area access lane (PAAL) traffic to see west bound vehicles exiting to Rancho Vistoso Boulevard. Although not caused by the current development, this developer has incorporated into their design the ability mitigate miti ate the problem by reserving an area to shift the existing driveway north by 12 feet and reconfigure the loading zone currently serving the existing building. The existing and proposed highway network has been designed to incorporate traffic that will be generated p p area g by this development as a part of the original regional street design and development. D. OVZCR DESIGN GUIDELINE COMPLIANCE Development Plan/Preliminary Plat: Pedestrian Sidewalks: • Addendum "A" 6 f ii: "Design all parking areas to allow safe and attractive pedestrian circulation. " Safep edestrian circulation between the existing and proposed building is proposed. Furthermore, the pedestrian access around the site isro osed to have adequate landscaping to provide for attractive pedestrian circulation p p and site visibility. TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 7 of 9 UBLIC NOTIFICATION AND COMMENT A neighborhood meeting was held January 4, 2007. Many neighbors attended this meeting and followed up with additional letters to the property owner and applicant. Copies of the comments received are attached — please review Neighborhood Comments. The primary issues are as follows and discussion is provided below: • Views and Height of buildings; • Proposed Uses; • Traffic; and • Grading. Views and Height of buildings: The views are located to the southwest. The proposed building height meets the requirements set forth in the Rancho Vistoso PAD—which is thirty-four feet (34') and three stories. The office buildings are thirty-four feet, two stories. The restaurants are thirty-four feet, one story. The site will be graded and the grade change north- south is roughly seventeen feet (17') along the eastern property line and thirteen feet (13') along the western property line. Proposed Uses: The proposed uses—office and restaurant—are permitted via the Rancho Vistoso PAD. The applicant has made 'te plan design changes to accommodate the proximity of the residential neighborhood— such as the location of ne trash dumpster for the northern restaurant into the enclosed loading zone. Traffic: Information on this section can be found above in the Public Works section on page 6. It is important to note that the developer and Safeway have provided staff with a written agreement that states that a traffic signal shall be constructed at the intersection of the northern most Safeway driveway and Rancho Vistoso Boulevard. Staff will require that this signal be constructed and operational prior to the release of the first certificate of occupancy for this development. Grading: Information on this section can be found above in the Public Works section on page 6. It is important to note the grading presented in this plan conforms to the Rancho Vistoso Planned Area Development design guidelines. Summary: The applicant has made site plan design changes to accommodate the needs of the adjoining residential development. The neighbors still have concerns about this development. However, the applicant is proposing a development that meets all applicable requirements — and has two discretionary items which were commended for approval by the Development Review Board — mainly the open space trade and the alternative Parking Analysis. TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 8 of 9 SUMMARY OF FACTORS Findings in Favor: 1. The development plan/preliminary plat meets all applicable General Plan policies, all applicable Rancho Vistoso PAD and OVZCR requirements. 2. Thep roposed development plan/preliminary plat meets the intent of the OVZCR Appendix "A" Design Guidelines. 3. The Development Review Board unanimously recommended approval of the development plan/preliminary plat and open space trade. 4. The Development Review Board unanimously approved the Landscape Plan and Alternative Parking Analysis. 5. The building height has been modified to off-set the second floor in an attempt to reduce the visual impact of the buildings. 6. The applicant modified the site plan to mitigate some of the concerns voiced by the residents - such as the location of the trash dumpster for the northern restaurant into the enclosed loading zone and that the lighting around all buildings will be fully shielded. 7. The building setback adjacent to the neighborhood has been increased from the zero (0) required to sixty feet (60'). Findings Against: 1. The applicant held a neighborhood meeting to discuss concerns. However, the residents still have concerns about this development and the impacts on their neighborhood. Letters have been sent to the applicant and Town Staff and are provided as an attachment. SUGGESTED MOTION: The Town Council may wish to consider one of the following suggested motions: I move to [approve, approve with conditions, OR deny] OV12-06-28, Southwest Development LLC, represented by The WLB Group Inc., request to approve the open space trade. Staff recommends any action be in compliance with the conditions in Exhibit"A". I move to [approve, approve with conditions, OR deny] OV12-06-28, Southwest Development LLC, represented by The WLB Group Inc., recommend approval of preliminary plat/development plans. Staff recommends any action be in compliance with the conditions in Exhibit"A". TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 9 of 9 Attachments: 1. Development Plan/Preliminary Plat; 2. Exhibit"A" Condition of Approval; 3. Draft Development Review Board Minutes; 4. Exhibit"C"Conditions of Approval at DRB; 5. Criteria for Development in Areas with Twenty-Five Percent Slopes; and 6. Neighborhood Comments. / i , 4// ' /1_ arah S. More, '1. nd Zoning Director , # /Az- Cr g Civali- , Town Engineer 4 1,, ., it-124'u- -Azil.-2_,1„ Jereie Watson, Assistant Town Manager r 4 i l'--' ' Likiti, >6_,. Da•id Andrews, Town Manager cc: Paul Oland, The WLB Group Inc. Ken Sampson, Southwest Development Fax: 3186170 Fax: 229.1766 F:\OV\OV12\2006\0V12-06-28\Reports i w w N N N N N N nl j ,G' l m +1 O' VI J. �2 NO 10 m J OI VI w N � O (O OO �! OI V: ! 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YN ;:_Z; 0 '+D stn xwvvxiz I O ,NpDD�C Ii (7)5), M o1 N '- �,^' N rn' W �. -!”Il�lCl15\f AR-U�,plaza��stoso�pre-plul\plata-pie-plat6-drip PlotteA. CeD 27,2007 Exhibit"A" 111110, Town Council 10-17-07 Conditions of Approval OV12-06-28 Plaza at Vistoso Conditions added by the Development Review Board: 1. The applicant shall be required to implement a planting scheme that would prohibit people from walking in the three tiered buffer at the northwest corner. ***This will be reviewed with the resubmittal of the landscape plan. 2. The covered parking structures shall be limited to ten feet (10') in height. Conditions of Approval from the Development Review Board staff report: 1. Staff shall require that this signal be constructed and operational prior to the release the first certificate of occupancy for this development. Due to the proximity to the existing traffic signal at the intersection of Rancho Vistoso Boulevard and Tangerine Road, this new signal shall be designed and constructed to communicate and coordinate the phasing with the original light. 2. This new signal will also be required to incorporate the Opticom emergency vehicle sensor system as required by the Golder Ranch Fire District. 3. As depicted on the current development plan/preliminary plat, the developer shall incorporate into their design the ability to mitigate the sight visibility problem created by the existing buildings at the main project ingress/egress point. This shall be accomplished by reserving an area to shift the existing Safeway driveway north by 12 feet and reconfigure the loading zone currently serving existing building at the Safeway Shopping Center. 4. Any change to the mix of land uses proposed shall require a new alternative parking analysis be submitted. F:\OV\OV12\2006\0V12-06-28\Reports 1 MINUTES ORO VALLEY DEVELOPMENT REVIEW BOARD SPECIAL SESSION September 27, 2007 ORO VALLEY COUNCIL CHAMBERS 11000 N. LA CANADA DRIVE CALL TO ORDER 6:00 P.M. Chairman Zinkin called the meeting to order at 6:00 p.m. ROLL CALL PRESENT: Mike Zinkin, Chairman Mary Caswell, Vice-Chair John Buette, Member Michael Schoeppach, Member Ray Shelton, Member ABSENT: Tom Gribb, Member Scott Leska, Member PLEDGE OF ALLEGIANCE No flag was present for the Pledge of Allegiance. CALL TO AUDIENCE Open and closed with no comment. CONSENT AGENDA A. Review and approval of the September 11, 2007 Development Review Board minutes. B. OV13-07-24, US Builders, representing Nicholas Homes, requests approval of architectural elevations for two model homes within Rancho Vistoso Neighborhood 10-11, located approximately one half mile north from the intersection of W. Moore Road and N. La Canada Drive. The applicant has submitted two models for review. If you have any questions about this matter, please contact David Ronquillo, OV Senior Planner, at 229-4817 or dronquillo@orovalley.net Items A and B were removed from the Consent Agenda and placed as the first and second items, respectively, on the Regular Agenda. REGULAR AGENDA Item A. Chairman Zinkin requested that additional clarification be added to his comments on Item 2 of the September 11, 2007 minutes. Chair Zinkin asked that if a DRB member attended an HOA meeting and was the fourth DRB member to enter, they should immediately leave. This should be done so as not to violate the Open Meeting Law. MOTION: A motion was made by Mary Caswell, Vice-Chair and seconded by John Buette, Member to approve the minutes for the September 11, 2007 DRB meeting with the noted change. MOTION carried, 5-0. Item B. Heather Barnes of Nicholas Homes was present. MOTION: A motion was made by Ray Shelton, Member and seconded by Michael Schoeppach, Member to approve OV13-07-24 with the following condition, no two of the same model facade or color scheme shall be placed side by side or across the street from each other. MOTION carried, 5-0. 4. Public Hearing: OV12-02-11 C, John Evans & Associates, representing Larsen Baker LLC, requests approval of a grading exception for Palisades at Oro Valley, located on the northeast corner of Oracle Road and Hardy Road. The parcel number is 225-12-065A. The applicant requests to exceed the cut and fill limitations of the Grading Ordinance. A commercial development is proposed on this site. If you have any questions about this matter, please contact David Ronquillo, OV Senior Planner, at 229-4817 or dronquillo@orovalley.net Sarah More, Planning and Zoning Director requested that this item be continued. The applicant had no objection to the continuation. MOTION: A motion was made by Mary Caswell, Vice-Chair and seconded by John Buette, Member to continue OV12-02-11C. MOTION carried, 5-0. • 1 . Discussion with Planning and Zoning Director regarding color palette revisions. Sarah More, OV Planning and Zoning Director clarified that per Town code, approval of a color palette is within the purview of the DRB. Ms. More stated that 3 Town Council recently indicated a desire to revisit this issue andossibl change p Y g the current code but until then, the DRB would continue to approve color palette. pp 2. Continued: OV13-07-25, Lewis Management Resources, representing the p g Board of Fairfield at Rancho Vistoso, requests approval of a revised color palette for Rancho Vistoso Neighborhood 10-11, Parcels A & F, located approximately one mile north from the intersection of La Canada Drive and West Moore Road. The applicant proposes to revise the exterior color pallet for this subdivision. If you have any questions about this matter, please contact David Ronquillo, OV Senior Planner, at 229-4817 or d ronqu illo@orovalley.net Bill Sugars, OV resident, presented the proposed colorp alette to the DRB. Mr. Sugars stated that eight of the ten colors were approved bythe Master HOA. pp Colors removed are Artifact, Burlap, Meadow Trail and Herbal Wash. Manny Lizarraga, OV Planning Intern, presented that staff report and reviewed the location and color palette. Mr. Lizarraga stated staff recommended approval. Bill Adler, OV resident, opined his disapproval of the discussion thatp receded. . Mr. Adler stated to subvert Town preferences to that of a neighborhood is inappropriate. MOTION: A motion was made by Michael Schoeppach, Member and seconded by Ray Shelton, Member to approve OV13-07-25 with a note of the four colors removed. MOTION carried, 5-0. 3. OV12-06-28, Southwest Development LLC, by represented The WLB p Group, Inc., requests review of development plan ro osal for professional p p offices (63,236 square feet) and restaurant complex12,850 square feet) q on eight acres located east of Rancho Vistoso Boulevard, just north of the Safeway shopping plaza, in Rancho Vistoso Neighborhood 5. The parcel g number is 219-54-003B. The site is zoned Rancho Vistoso Planned Area Development, C-1 Commercial. If you have anyquestions about this matter, please contact Pamela J. Pelletier at 229-4813 or ppelletier@orovalley.net. Chairman Zinkin informed the DRB that three votes would takeplace for Item 3. Paul Olund, WLB Group made the presentation to the DRB and reviewed the following: Conceptual architecture -Site Plan -History 4111, -Buffer yard • -Tiered Wall -Parking/traffic/ingress-egress -Peak usage -Drainage -Open Space Trade -Light signal -Loading Zones Gary Grizzle, WLB Group reviewed the following: -Plant preservation -Buffer yards -Courtyard details -Plant material Pamela Pelletier, OV Planner presented the staff report and reviewed the following: -Exhibit C -Location -Zoning -Site Plan -Neighborhood meetings -Proposed uses -Site Designs -Parking 414 -Buffer yards -Encroachment -Compatibility -Open Space Trade Mrs. Pelletier stated staff recommended approval with the conditions listed in Exhibit C. Steve Odenkirk, OV resident, stated his concerns regarding the proposal. Mr. Odenkirk reviewed the following: -View impairment -Parking -Traffic safety -Present and future tenants -Garbage receptacles -Lighting -Security -Construction Steve Dohm, OV resident, spoke in opposition of the proposal citing the same reasons as Mr. Odenkirk. John Knight, OV resident, spoke in opposition to the proposal and expressed concern because of the elevation of the buildings, traffic, restaurant traffic, vegetation and security. Vickie Duprey, OV resident, spoke in opposition of thero osal for the same p p issues as prior speakers. Vicki Dohm, OV resident, spoke in opposition to the proposal because of the . p p potential parking structure height of 14 feet, safety, vegetation, and access. Dean Gibbs, OV resident, gave a personal account of a similiar proposal. Mr. , p p Gibbs spoke in opposition of the proposal. Bill Adler, OV resident, suggested questions to ask the developer, where to place p the egress and asked the DRB to consider his suggestions. MOTION: A motion was made by Mary Caswell, Vice-Chair and seconded by John Buette, Member to approve the open space trade of OV12-06-28. MOTION carried, 5-0. MOTION: A motion was made by John Buette, Member and seconded byMary rY Caswell, Vice-Chair to approve the development plan of 0V12-06-28 with the conditions in Exhibit C and the addition that the applicant be required to implement a planting scheme that would prohibit people from walkingin the p three-tiered buffer at the northwest corner. Chairman Zinkin added a friendly amendment to limit the covered parking structures to 10 feet in height. The friendly g riendly amendment was accepted. MOTION carried, 5-0. MOTION: A motion was made by Mary Caswell, Vice-Chair and seconded byY Ray Shelton, Member to approve the landscape for OV12-06-28 with a friendly amendment added by Chairman Zinkin that staff work with the landscape architect to minimize the impact of plant debris to the neighbors and maximize the safety of the walls. MOTION carried, 5-0. *5. Appointment of a Sign Committee Member Chairman Zinkin appointed Member Shelton to the Sign Committee. 6. Planning and Zoning Update. Matt Michels, OV Senior Planner, gave an update on the following: Steam Pump Ranch Municipal Town offices Planning and Zoning meetings 3 Bayer Vella ADJOURNMENT MOTION: A motion was made by Michael Schoeppach, Member and seconded by Mary Caswell, Vice-Chair to adjourn at 8:15 p.m. MOTION carried, 5-0. • Exhibit"C" Revised Conditions of Approval OV12-06-28 Plaza at Vistoso 1. Add as a General Note to both the development plan/preliminary plat and landscape plan the following: "All bufferyard shall be installed as part of the first phase of development". 2. Revise the plans to reflect the Golder Ranch Fire comments as shown in Exhibit "B" (attached). 3. Staff shall require that this signal be constructed and operational prior to the release the first certificate of occupancy for this development. Due to the proximity to the existing traffic signal at the intersection of Rancho Vistoso Boulevard and Tangerine Road, this new signal shall be designed and constructed to communicate and coordinate the phasing with the original light. 4. This new signal will also be required to incorporate the Opticom emergency vehicle sensor system as required by the Golder Ranch Fire District. 5. As depicted on the current development plan/preliminary plat, the developer shall incorporate into their design the ability to mitigate the sight visibility problem created by the existing buildings at the main project ingress/egress point. This shall be accomplished by reserving an area to shift the existing Safeway driveway north by 12 feet and reconfigure the loading zone currently serving existing building at the Safeway Shopping Center. 6. Add as a General Note: "Lighting around all buildings will be fully shielded". 4110, 7. Correct General Note #4 to show the correct calculations for the n required parking p g spaces per the OVZCR as 319, not 343. 8. Correct General Note #30 to provide the information as provided on the Open Space Encroachment/Trade Diagram. 9. Any change to the mix of land uses proposed shall require a new alternative parking analysis be submitted. Sheet 1 1. The sight visibility triangle (SVT) dimensions shown on this sheet are more conservative than required. The Town requires minimum SVT dimensions for internal commercial drives with design speeds of 15 mph to be the following: • Near Side— 10'x100' • Far Side— 10'x70' The SVT's as shown within the project plans can be reduced to meet this standard or kept as currently depicted. Sheet 2 2. Provide SVT's for the newly created intersection as shown per the redlines. Also, provide or delete SVT's along the one-way drive west of the newly added parking lot as shown in the redlines. Refer to comment #1 above for minimum acceptable dimensions of the SVT's. 3. Modify the ADA handicap parking area per the redlines. This area currently exceeds the "2%maximum slope in any direction"requirement per ADAAG. F:\OV\OV12\2006\0V12-06-28\Reports 1 4. Depict all the first flush treatment locations as shown in the Developed Conditions Watershed Map of the Drainage Report. 5. Confirm spot grades and slopes as shown per the redlines. The redlined spot grades will likely work as shown, however were questioned because they do not agree with the slopes given within the typical sections. 6. Please take a look at the parking adjacent to the steep slopes along the east project boundary. The Town is requiring an additional degree of motorist safety adjacent to the riprapped slopes. Provide one of the following or an acceptable alternative: ■ Provide a traffic barrier instead of pedestrian barricade railing. A potentially accepted design could be guardrail, concrete filled bollards, or a post and cable fence. ■ Add concrete wheel stops to this row of parking spaces. Adding wheel stops would require that the spaces be lengthened to 20'. 7. Correct the profile as redlined in Cross Section 1. 8. Provide a pre-developed Qioo yr flow and a cumulative post-developed Qioo yr flow into the existing 42" SRP near concentration point 1.0. Sheet 3 9. Modify the ADA handicap parking areas per the redlines. Two areas currently exceed the"2% maximum slope in any direction"requirement per ADAAG. 10. Provide a method of first flush treatment for storm water runoff into the detention basin. Sheet 5 11. Provide a manufacturer's spec sheet or shop drawing for the proposed Abtech Industries Smart Sponge for the Town's review. 12. Correct the grate elevation as shown in the plan view of Detail #9, First Flush 'god Catch Basin. 13. Correct the pad elevation and confirm the redlined information within Cross Section #1. 14. Confirm the redlined elevations within Detail#4, Storm Drain Inlet Structure. Landscape Plan: 15. Per comment #1 above, the SVT dimensions shown for this project are more conservative than required. If the SVT's as depicted within the civil improvement plans are modified to meet the Town's minimum standards, then update the Landscape plans to reflect the change. Drainage Report: Developed Conditions Watershed Map (Figure 4) 16. Revise the watershed boundaries to reflect the grading per the project plans. 17. Correct the redlined information to correspond with the project plans. 18. Provide a pre-developed Qioo yr flow and a cumulative post-developed Qioo yr flow into the existing 42" SRP near concentration point 1.0. 19. Provide a method of first flush treatment for storm water runoff into the detention basin. 20. Provide a revised discussion of the proposed first flush approach. F:\OV\OV1.2\2006\0V12-06-28\Reports 2 CRITERIA FOR DEVELOPMENT IN AREAS III RANCHO VISTOSO PAD WITH SLOPES 25% AND GREATER Section 1. Development in areas in Rancho Vistoso PAD that have naturally occurring slopes 25% and greater is generally prohibited, but limited encroachment may be allowed under the following criteria: 1. Encroachment is allowed, without a trade, in sloped areas 25% or greater that are less than 6 feet vertical from toe to top of edge, and are less than or equal to thirty (30) feet in any horizontal direction are not regulated by these provisions of the PAD. 2. Encroachment is allowed, without a trade, in rock outcrops of no greater than ten (10) feet high and ten(10) feet in any horizontal direction. 3. Encroaclunent is allowed, without a trade, for a roadway if no economically feasible alternative route exists or the road is shown on the Rancho Vistoso PAD map. 4. Minor encroachments of up to 5% of the gradable area are allowed, with a trade area, by Planning and Zoning Administrator approval during the review of Type 1 grading permits. 5. Minor encroachments of up to 10% of the gradable area are allowed, with a trade area, for development plans with Town Council approval. 6. Minor encroachments up to 5% of the gradable area may be allowed in new subdivisions, provided a mitigation plan as required per this policy is provided. 7. No such encroachment is allowed into areas that are designated as open space in the PAD. 8. No such encroachment is allowed if the encroachment would violate other provisions of the Planned Area Development or Zoning Code. 9. Trade areas required to offset encroachments into 25% and greater sloped areas must be at least a 1:1 ratio, and they must contain "meaningful" open space. Meaningful open space may be defined as, among other criteria, open space that reduces fragmentation, has recreational value, improves overall development design, or creates buffers along environmentally sensitive areas. 10. All encroachment into 25% or greater sloped areas must be mitigated to reduce the visual impacts of the encroachment. Landscaping used to reduce the visual impact shall include understory vegetation and reseeding to mimic the natural environment. Section 2. This policy applies only to areas with slopes 25% and greater and does not apply to any other open space encroachment and/or trades. Steven Odenkirk Oro Valley,Arizona 85755 Phone February 12,2007 By E-Mail gOland Tvlbrou .com and US Mail Mr. Ken Samson c/o Mr. Paul Oland The WLB Group 4444 E.Broadway Blvd. Tucson, Arizona 85711 Re: Proposed "Plaza at Vistoso" office I retail project Dear Mr.Oland: of my , onbehalf of a numbers client, Mr. Ken Samson (Deve1oPer) our ongoing concern I am writing to you and your "Plaza ' toso" project (project) and g sand 'n the proposed at Vistoso" . t to collect our thought neighbors regarding od. This letter is our attempt the same how it mayaffect our ne1ghborho Samson re eatedly respond to as to avoid having you or Mr. p TIDO NOT concerns in one place to NOTE, HOWEVER, THAT individually. PLEASE us PARTS � ANY questions from each of OF THE AFFECTED S NEIGHBORHOOD OR ANY SIMILAR �QUIRIE REPRESENT THIS NE E ADDITIONAL OR and to SO YOU MAY RECEIVE thatyou attempt to resp FORMAI- WAY, ED PARTIES. I would ask commentsd DIRECTLY FROM OTHER AFFECT of your thoughts and 'tin so that we can have a record the following questions in writing that can easily be shared amongst the neighbors. • Concerns: where the single SECTION 1 -view I Hei ht multi-colored site plans showing how most of ushaVe acopyofthe mu we cannot really see just a) Whilelaced, "cut- away" of the project will be p provide us with a and two-story p will be to our views. Can you p relation to the invasive the proposed buildings •on of our homes in view site plan showing the elevation or side elevation of the buildings? ct that specifically reflects youprovide us a site plan of the project planicthat would b) Along similar lines, will t? I am envisioning a site "atde" elevation of the pro}eC specifically shote 92' the proposed gra individual homes and would down to elevations of our ind across the site include the rear-yarden additional elevations moving on the east side of the site and,then 79 on thew western edge (along RV Blvd). plan110 requested in site "b)" above should also include the meas-urernents from our rear c) The yard wall to each structure on the site. Samson/Oland—Plaza at Vistoso February 12, 2007 d) The Oro Valley Town website reflects that the height restriction for C-1 zoned property as "Not to exceed 2 stories and 25 feet". Please explain how/why the proposed project has been designed with multiple office buildings at a height of 31 feet. Is this a variance of some type being requested by the Developer? If this is not a variance, please explain why. e) Will the Developer do us the courtesy of placing "site poles" on the corners of the building pads to show us the proposed locations and elevations of the buildings? If so, when might these be placed on the site for us to view? f) As you know, elevation has been "a", if not "the" hot topic in our past and most-recent meetings. Please explain with some specificity how much you will be lowering the site from its current elevation and why that amount of excavation is the maximum you can achieve. SECTION 2 -Users envisioned for or to be allowed within the Project: a) While all users are of concern, the focal point of our query is on the proposed restaurant buildings. To date the Developer has noted that "high end" restaurateurs have been pursued/expressed an interest in the project. What limitations as to types of restaurants (% food revenue vs. % beverage revenue — a "bar" vs. "restaurant", live music, "after hours", etc.) are imposed on this site through either the existing C-1 zoning or may be imposed through the Design Review Board or other Municipal bodies? b) Will the office building tenants be limited to true "office" users who will primarily conduct their non-retail business operations during traditional Monday through Friday business hours, or will the Developer be looking to also lease to retail users who will be open after hours and or extended hours on the weekends? What assurances will the Developer make to us or to the Town that the office buildings will actually be leased to true office users and not to retailers(local restaurants,cleaners, salons, etc.)? SECTION 3-Security/Lighting/Odor: a) Security for our homes both during and after the construction process is critical. i) During Construction - What plans does the Developer have in the way of temporary fencing, etc. to limit access from the site to our yards during the construction process (i.e. will the site be surrounded by temporary fencing during the development period? If not, why not?). ii) Completed Project — Permanent Barrier - Once the project has been completed, will there be any type of block wall or other permanent fencing along the northern and eastern edges of the site? If so, what type of materials will be used and how high above the grade will this feature rise? b) According to the site plan, multiple buildings will have second story offices. Will some/all of these offices have windows facing our homes? What can be done to minimize the invasiveness of the site lines into our homes from these second-story offices? 2 Samson/Oland—Plaza at Vistoso February 12, 2007 c) Please address how both on-site lighting and headlight glare from evening customers may affect our residences. Will the on-site lighting be mounted low enough and focused downward so as to not "leak" into our neighborhood? Will the site be low enough and / or have a block wall on the north side to reduce / eliminate the potential impact of car headlights penetrating into our homes? (The cut-away / side-view site plan requested in Section 1 b) may help to answer these questions as the answers are heavily dependent upon the relative elevations of the project and the homes). d) The prospect of one or two sizeable restaurants operating as this site has raised issues related to refuse facilities, grease traps, etc. that could generate offensive odors moving from the Project into our neighborhood. Please describe what steps the Developer will take to assure us that the restaurant building(s) will be property equipped to avoid this outcome. (Where will the grease-trap cleanouts be located? Where will the refuse containers be located? How often will refuse be collected? Etc.). SECTION 4—General Questions/ Concerns: a) It is our understanding that a traffic study has been performed by the Developer for the benefit of the Town of Oro Valley. How can we obtain a copy of this report? b) How long from the initial groundbreaking until the project is likely to be completed (# p of months)? Will the project be formally phased or it is likely that all of theadin and �' g structures are likely to be undertaken simultaneously? If phasing is contemplated, please explain the current vision for how this will be orchestrated. c) What details can you provide us as to the type, size, etc. of signage that will be used at this site? Will there be any illuminated signage facing our homes? If so, pleasep rovide details. • SECTION 5—Specific home questions: a) 626 E. Bridal Veil Falls Rd. —The multi-colored site plan does not show thep ool that is located behind this home or behind their next-door neighbor's home. Please add these pools as these residents want to be sure to have the appropriate landscaping planned for behind their homes (to avoid plants or trees that would shed excessively into their pools). b) 684 E. Bridal Veil Falls Rd. — This is the eastern-most home that backs to the Project. Will the land behind this home be graded and/or lowered? If so, by how much? If not, will most or all of the current plants remain in-place? 3 Samson I Oland—Plaza at Vistoso February 12,2007 S UMMARY: In closing, the general eneral consensus from the letters I received is that the neighbors would rather be ong ood terms with the Developer and make this planning process as collaborative as possible. If, in addition to responding to this letter in writing, the Developer would be willing to have an additional face-to-face meeting over the next few weeks, I feel certain that many affected residents would be interested to attend. We are likely to be neighbors for some time to come and we would like to have this relationship be as open and positive as possible. I look forward to hearing from you shortly. Regards, Cc: Pamela Pelletier—Planner—Town of Oro Valley—By E-Mail (ppelletier@orovalley.net) and US Mail. 4 August 13_ 20, By E-Mail ( snovellir)orovallev.net) and by US Mail Ms, Suzanne N4 velli Constituent Services Coordinator Town Of Oro Valley 11000 N. La Canada Dr. Oro Valley, Arizona 85737 Re: Plaza at Vistoso — Proposed Office Restaurant Development Dear Ms. N ovelli: In a recent conversation you communicated to me the .importance of having the impacted p � p neighbors contact your office in writing regarding our ongoing concerns related to the proposed 'Plaza at Vistoso" office and restaurant development. As you know, this project sits immediately behind ten homes in the Pulte Horizons subdivision and has a potential impact (visual, traffic, lighting, noise, etc.) on countless other homes in the immediate vicinity. We have tried, as a g:rou , to communicate ineffective an and non confrontational way with the Town of Oro Valley Planning Department and the Developer (K.en Samson) over the past 12-18 months as this project has changed from an age-restricted residential community to the current 76,086 sq ft commercial development. We recognize that a Design Review Board meeting is likely upcoming in the next 30 - 45 days to discuss and possibly approve this project and we believe certain of our concerns remain unaddressed. 1) Vicne impairment from our homes due to limited excavation and tw© story buildings: It has been and remains our primary concern that the Developer's choice of two story buildings and limited grading increase the project's impact mpact on our homes. a) Parkin shortfall — Even with the developer's recent reduction in the number of office buildings from four to three and the additionof someparking spaces, the project remains significantly "underparked". How the Developer plans on "seiline: the Design Review Board that the prospective restaurants will not be open and doing business at the same time as the office tenants is, quite frankly, a my ster-v. Our understanding is that the project is currently underparked by 20%+ N (c�-,i ncid. ntally, 20% is the commonly accepted maximum allowance in typically �;.�t.��t�-�� oro Valley). Unless the restaurant buildings are to be restricted to "-dinner only" type uses, we can only assume that lunch patrons will begin in arrivin_q each day around 11:00 AM and will not stop until closing time (9 — 10— I ] —- 12 PM), Ms. Simn►.e — Town of Oro Valley Plaza at Visto rj—Neighborhood Letter August 13, 200 Vit—v,. impairment of our neighborhood hborhood - Given that the view impairment from homes been stated as one of our top concerns, the Developer's our has long nm. ;.. +_-,c to simply reduce the overall square footage of the project by reds i;n_. or elirninatit:02 the second st.or on some or all of the buildir.s,s is, in our mind, ignoring the most logical solution to the problem. For example, if the project c-lled for two story buildings only on its southern edge (abutting the Safeway Center) the Developer would likely meet the Town's standards for �.�.t�,��n, thenp parkin g and go a long way towards reducing this project's impact on our neighborhood_ 2) -'nL' � ._-d parkingstructures and garbage container verb' close to the proper ,. line: !-'v �1 i n, the encroachment of the project on our� homes and views is at the core yi s r concern. The grade of tile project below our lot grades will not fully oftl.�� stated � are proposed the proposed 14 high covered parking structures thatp p _ accommodatep � the Developer. 1 however, the covered parking structures were moved away from the northproperty line and towards the buildings that they serve,then the grade of the ,p.:,;�� (away y from our homes) combined with the additional distance from our prc.t.��.: � � wouldhelpto "cushion" our neighborhood from the impact of the project, homes Further, \Oh do office complex covered parking structures need to be 14' high? How �i p many sedans or even larger SUV's require 14' of clearance? Many parking garages have no more than 8' —9' of clearance for vehicles. There remains one commercial trash bin still planned for the north edge of the project_ t may well bring animals and odors into our homes as it will sit right on the It north .i�h cic of the development. We need to see this trash container moved away from our homes. ing• /Egress safety and efficiency: we understand that the Developer, in concert with the Owner of the Safeway Center, will need to submit to the Town a completely engineered stoplight plan for the side-street that lies in-between the Plaza '' oso and the Shopping Center. Our concerns here are voiced on our at � l�t Safeway p behalf and on behalf of the hundreds / thousands of vehicles per day that will be impacted by the very awkward position of this intersection. Unfortunately, without owntraffic planning firm / engineering firm we cannot offer meaningful our p g to the proposed plan. This said, we can and do want our voices heard that alternativesp p difficult the t r-t fc increase created by the Plaza project would only add to the already traffic situation at this location. 4.) Types o.f tenants users allowed into this states "Office/Restaurant project: W lei e having beeni��en verbal assurances by the Town's representatives that any ` g would allow for chance i n use would required further approvals from the Town(i.e. 2 • Ms. Suuza i_De N ovel[i —Town of Oro Valley Plaza at Vistoso — Neighborhood Letter August 13. 2007 future input from the neighbors), I do not believe we have a clear understanding of the current .stated limitations on the types of users that would be allowed in the "office- component of the project Is currently present0. Would nail salons, hair salons, dav spas, cold-food only restaurants (coffee shops, etc.)) be considered "office- uses and therefore be allowed in the"office"buildings? As to t h e proposed restaurant buildings, would their hours be restricted (enc. No service after l0:00-- 11:0 Midnight, etc.)? How high and how bright will their on- building 4i nae be? Will the restaurants have proper filtration and ventilation systems to avoid having our homes smell like seafood, steakast etc.? What p � recour:� ., t .any, would be available to us as neighbors forP oor maintenance (ovcrtkwina garbage containers, backed-up grease etc.)long after traps, odor issues, P the project leas been completed? 4) Derails regarding lighting, security,ftncing, construction dust and/or damage, g , etc.: As in any project of this magnitude, there are numerous other concerns each of which inay not merit its own paragraph detailing our concerns. These numerous issues do, however, bear serious consideration by the Town and the i Department � � Planning to make certain that the Plaza at Vistoso becomes and remains a "good neighbor- t o the existing residents. Examples include: Concert.) / Comment a '� I i o yx will the Town monitor the dust and other construction impacts from the r. c i during construction? (ex. Damage to rear yard walls;Construction trash;) b I What restrictions will the Town place on the project relative topollution P � light_ into our homes and yards? c What Type of fencing will be installed on the north end of the project (abutting . o is property lines—along the north edge of the parking lcitE d What size and type(s) of signage will the Townal l w forproject c� this project along t Li n ch o Vistoso Blvd? Is this signage based on the leaseable square footage of 1 the project? The acreage? Etc. Are there any similar signs already in-place in Oro Valley that might serve as examples as to what will be allowed? In summary, c remain very concerned that the project, as currentlypresented, is to -Oro ��'a.11e�� Standards" likely not up ds as to its impact on our homes and our community. We understand that some type of commercial project will be constructed on this site and will, likely, impact our views and our quality of life at some level. This said, Town - Oro- Planning we look to the on Of .�,o V alley Department, the Design Review Board, and the City Council to work with us to maintain the very high standards in commercial development that make our city such a great place to live and work. 3 Ms. Suzan ue N4►, Town of Oro Valley Plaza at \ i;to:,ta — Neighborhood Letter August 13s 21-1(1- It is our uiLlerAiincling that your oflice, Constituent Services, NA, i l work with us to see that allo - e. 2.4propriate Town Officials and Administrators will receive a copy of this letter on a time]) (basis. I would ask that any Town Official or Administrator feel free to contact mc ki th further questions and that they recognize our willingness, as a nein hhorho_, tau meet face-to-face to have a positive,solution-oriented discussion. Regards. _ Name: Phone: „ -,..,)--) Address: (:: Name: �� '-#- ; r 7Phone: _ Address: V-7cita ..` „ ac", Ph • Address: > —` Name: ,Aiaikk _ Phone: Address: Name: Phone: - Address: 4 1 Ms. Suzanne Novelli—Town of Ore Valley Plaza at \ i t9sO Neighborhood Letter Augti r 13. 2607 It is cur undo:handing that your office, Constituent Services will that all of the appropriate � !� work with us to seeTown Officials and Administrators will receive a copy of this letter on a timely basis. would ask that anyTown Official fficna3 or Administrator feel free to ccs nta mc with further- questions and that they recognize our , . neighborhood, to meet face-to-face to have � � nt�in�ness, as a a positive, solution-oriented discussion. Regards, - Address: 417 Name: krra A n&-at)5 Phone: } Address- j_Lut., b©n : && Address. ..„ •• , • Name: ..�.� ."7;47g77/1/ Phone: �` A.ddre s s ,, - — Name: Phone: l.dd es s: 40w 4 • SuzanneMs. iiv1Ji- Town of Oro Valley Plaza at vi4-istotio - Neighborhood Letter August 13, 2007 7 • - /- Address: - , Name: I t -r Dc-4v47 Phone: 4 Address: Name: Phone: Address: . Nod Name: .eer Phone: Address: • • Ms. Suzanne NoNelli- Town of Oro Valley Plaza at Vistoso - Neighborhood Letter August 13, 2007 Name: . C!. Phone: Addres- • . Name: Z.c keff,e, iegi4,67,e Phone: Address: (- Name: . 4 Name: f,loe txtv Phone: Address: Lir Name: /7)edia PI 4;14-den Phone: Address: Ms. Suzaime — Town of Oro Valley Nod Plaza at Vistoso — Neighborhood Letter August 13. 2007 e t' Name: Phone: Addre.s: ) / Name: 140-yCP ?. Phone: - ? Addres if Name: f.4.--14-rit. pigiftk41-WIL) Phone: 0, Address: - . Name: taxer Phone: Address: „is . t ‘li/P9 Ms. SitZa.A tie .N t eili— Town of Oro Valley Plaza at ';siOsO _. Neighborhood Letter August 13, 20€1 It is our understanding that your office, Constituent Services, will work with us to see that all of the appropriate Town Officials and Administrators will receive a copy of this letter on a timely basis. I would ask that any Town Official or Administrator feel free to contact me with further questions and that they recognize our willingness, as a neighborhood, to meet face.-to-fade to have a positive, solution-oriented discussion. Regards, . Name: ;l:' - -_ M (G0.�.. 11J Phone: - ,_ . ‘„,„„„, Address: -, ddress: '- ._' ,,,, , ' / Name: 1'i - .,�- - ' __ Address: Name: Phone: Address: Name: Phone: Address: illbr 4 r Ms. Su z Milne N_o%elli-Town of Oro Valley Plaza at Vi Luso- Neighborhood Letter August l3, 2Ud..) It is our understanding that your office, Constituent Services, will work with us to see that allofappropriate the a�,pro riate Town Officials and Administrators will receive a copy of this letter on a timely basis. I would ask that any Town Official or Administrator feel free to contact me with further questions and that they recognize our willingness, as a neighborhood,to meet face-to-face to have a positive, solution-oriented discussion. • 1 Regards, Name: = T. eni_9.15A- Phone: Address: ; .._ vid Name: Phone:- - Address: Name: Phone: Address: ..,�.� Name: Phone: Address: Name: Phone: Address: • 4 TOWN OF ORO VALLEY Page 1 of 3 COUNCIL COMMUNICATION MEETING DATE: 10/17/07 4,40 TO: HONORABLE MAYOR AND COUNCIL FROM: Stacey Lemos, Finance Director SUBJECT: Recommended Changes to the Capital Improvement Program (CIP) for FY 2008 — 2009 and the Appointment of One Council Member Liaison to the CIP Technical Advisory Committee SUMMARY: In an effort to redefine and improve the Town's Capital Improvement Program (CIP) for Fiscal Year 2008/09 and beyond, staff proposes several changes to the current CIP process to achieve a number of goals as outlined below: • Format the CIP to encompass all funds and funding sources, including General Funds, Highway Funds, Impact Fee Funds, RTA Funds, Local and Pima County Bond Funds and Town Enterprise Funds • Create a 5-year funding and spending plan for the Capital Asset Replacement Fund to fund the routine replacement of Town vehicles, computer equipment, Police weapons, etc. for General Fund and Highway Fund operations • Incorporate all major facility construction, improvement and master planning projects into the program for projects such as the Municipal Operations Center, Naranja Town Site, Steam Pump Ranch development, Honeybee Village development, etc. • Analyze and include estimated operations and maintenance (O&M) budget impacts for each respective CIP project over the five year planning period • Automate the process of delivery and receipt of CIP project request forms and format information in Excel spreadsheets for automatic consolidation of data in a central spreadsheet for reporting by Finance staff • Streamline the CIP Technical Advisory Committee (CIPTAC) by reducing the size to ten (10) members consisting of the following: o One (1) Council Member Liaison, (non-scoring member) o Three (3) Department Heads, (scoring member) o The Town Manager, (non-scoring member) o Finance Director, (scoring member) o Town Attorney Representative, (scoring member) o One (1) member of the Finance and Bond Committee, (scoring member) o One (1) member of the Planning and Zoning Commission, and (scoring member) o One (1) member of the Parks and Recreation Advisory Board (scoring member) TOWN OF ORO VALLEY Page 2 of 3 COUNCIL COMMUNICATION MEETING DATE: 10/17/07 • Make slight revisions to the CIP scoring and ranking process whereby each member of the CIPTAC will score each CIP project on their own against all eight (8) proposed criteria and tally up a total score for each project. The members' scores for each project will then be totaled and the projects will be ranked in priority order from the highest score to the lowest score for funding allocation. • Expand the evaluation criteria by adding the criteria element—Avoidance of Future Capital Expenditures. A copy of the proposed CIP Evaluation Criteria is attached to this communication as Exhibit A. • Maintain the existing policy of allowing a one-year"rollover" of CIP projects that are not initiated or completed in the first year of funding It is hoped that with these changes, the CIP process will be more meaningful and provide a clearer picture of both the capital costs and related O&M costs faced by the Town of Oro Valley over the next five years. The addition of a Procurement Administrator and Finance Analyst to the Finance staff will allow greater support to the Department Heads and improve the accuracy of project costs and O&M estimates. The proposed CIP process timeline is as follows: September—October: Board and Commission member appointments to CIPTAC November—January: Request forms & instructions set up for central access by staff Department requests completed and submitted Cost analysis performed by Finance and Procurement staff February: CIPTAC meetings scheduled to present project requests and allow time for scoring March: Projects scores are tallied and ranked Draft of comprehensive CIP presented to CIPTAC CIPTAC finalizes CIP and recommends for Council adoption April: CIP presented to Planning & Zoning Commission May: Budget study session to present CIP to Mayor and Town Council June: Adoption of Tentative Budget and CIP by Mayor and Town Council July: Adoption of Final Budget and CIP by Mayor and Town Council TOWN OF ORO VALLEY Page 3 of 3 ^.OUNCIL COMMUNICATION MEETING DATE: 10/17/07 FISCAL IMPACT: N/A RECOMMENDATION: Staff recommends the approval of the recommended changes to the Capital Improvement Program process for FY 08-09 and Council appointment of 1 liaison to serve on the Technical Advisory Committee. ATTACHMENTS: 1. Exhibit A - CIP Evaluation Criteria SUGGESTED MOTIONS: I move to nominate to serve as the Town Council liaison on the CIPTAC for FY 08-09. 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S?o -I o 2o � CD9° � pID 5:1) CII � C CD TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: OCTOBER 17, 2007 TO: HONORABLE MAYOR& COUNCIL FROM: Carol Willett, Human Resources Analyst SUBJECT: Appointment of Sub-Committee and Scheduling of Annual Employee Forum SUMMARY: The Town of Oro Valley is committed to the development and continuation of harmonious and cooperative relationships with all of its employees. To that end, Policy 27, Annual Employee Forum, in the Personnel Policies and Procedures Manual provides a framework for ongoing interactions that are conducive to granting pp an employees o ortunitiy to communicate suggestions and views regarding areas that significantly impact their working conditions with the Town of Oro Valley. Annual Employee Forums are an opportunity for individual employees, as well as employee groups or representatives of employees to recommend or propose changes to programs and issues that significantly affect them. Based on employee recommendations, Policy 27 was amended in 2005 to allow for improved Employee Forum effectiveness. Subsequently, the results of the discussions were reviewed in a full council study session, -knd have been shared with employees in meetings, through postings on bulletin boards, and via the intranet. In accordance with Policy 27, Employee Forums will be scheduled as a study session before a Town Council Sub-Committee made up of a maximm of three (3) Council Members. The study session will be comprised of several separate forums to accommodate the various shifts and work schedules of all employees. The study session is to be scheduled no later than the second week of November of each year, with questions and recommendations tracked and a status report due back to the employees prior to February 15th following. This will allow adequate time for departments to plan for any budgetary impacts or requests if necessary. In 2005, the Sub Committee consisted of Mayor Loomis, Council Member Dankworth and Council Member Gillaspie. Lasty ear, the Sub Committee volunteers were Council Member Gillaspie, Council Member Abbott and Council Member Kunisch. RECOMMENDATION: It is recommended that a Sub-Committee of three (3) Council Members be appointed, and that staff be directed to initiate scheduling of the Forums, track questions and recommendations arising from the forums, and develop communication mechanisms to keep employees apprised of the status of their questions and recommendations in accordance with Policy; and by way of other communication methods available and practical, such as through employee meetings, posting on employee bulletin boards and on the Town intranet site. The council may wish to appoint the same three sub-committee members, or another group of not more than hree council members for this year's Employee Forum subcommittee. SUGGESTED MOTION: move to name the following three members to the 2006-2007 Employee Forum Sub-Committee: ; and hereby direct Town Staff to schedule the Forums in such a manner, date and times as to ensure appropriate scheduling, tracking and communications in accordance with Policy 27 and in support of the Sub-Committee. ATTACHMENTS: Policy 27, Annual Employee Forum Memorandum to Town Employees in the form of a Progress Report on Employee Forum Status, dated September 28, 2007 Sandra Abbey, Depart -nt Head 0,1444.A. David Andrews, Town Manager ‘11111ir POLICY 27 ANNUAL EMPLOYEE FORUM The Town of Oro Valley is committed to the development and continuation of harmonious and cooperative relationships with all of its employees. It is the purpose of this policy to provide a framework for ongoing interactions that are conducive to granting employees an opportunity to communicate suggestions and views regarding areas that significantly impact their working conditions with the Town of Oro Valley. SECTION 1. Annual Employee Forum Annual Employee Forum(s)are an opportunity for individual employees; employee groups; or representatives of employees or employees groups(herein referred to collectively as"employees") to recommend or propose changes to compensation plans,benefit plans,or address other issues which significantly affect employee working conditions. The Employee Forum(s)will be scheduled as a study Session before a Town Council Sub-Committee made up of a maximum of(3)three Council Members. Up to(4)four separate Employee Forum(s), which would allow for the varied employee shifts will be scheduled no later than the second week of November of each year. Employee questions and recommendations will be tracked during the Employee Forum(s)in order for the Town Council to provide the Advisory Board of Oro Valley Employees(ABOVE)group with a status report prior to February 15 of the fiscal year to allow each department adequate time to prepare budget requests if necessary. SECTION 2. Reprisals No employee,group of employees,or representatives of any groups of employees will be subject to reprisals, threats,or disciplinary action as the result of their participation in these meetings with liaisons of the Town Council. SECTION 3. Nothing in this policy shall be deemed to negate,preclude, or be inconsistent with the Town of Oro Valley Personnel Policies with regard to the Grievance Review Process and applied to Town employees. SECTION 4. No agreements resulting from any meeting with the Town Council shall be deemed to negate any agreed upon terms of employment or working conditions that other employees may have negotiated previously or separately. 6/16/07 43 Annual Employee Forum Report Nifty- TO: Town of Oro Valley Employees FROM: Sandra Abbey, Human Resources Director DATE: September 28, 2007 RE: Summary of Employee Forum Issues, Discussion Points, and Report on Progress Addressing Issues Raised Introduction The past year's Employee Forums were held October 26, 2006 in four sessions throughout the day. The council subcommittee consisted of Council Members Barry Gillaspie, Paula Abbott and Al Kunisch. An informal setting and conversational tone to the meetings allowed everyone the opportunity to speak. The intent of these forums was to communicate issues and gather feedback related to the quality of work life for employees. Human Resources staff members attended the forums to facilitate the meetings and take notes, so that we can provide regular updates on these issues. The last update was forwarded to all departments and posted on the intranet on or around May 1, 2007. This document includes a summary of the topics brought forward by employees during the forums, along with a progress report on what actions have been taken on these issues over the last year. This report will be posted on the Town intranet http://intranet/ and on bulletin boards throughout our Town Departments. The 2007 employee forums will be scheduled in the next two months and we expect this year's subcommittee from the Town Council to be appointed at the October 17, 2007 Town Council meeting. Topics/Issues Discussed • Financial Sustainability Several employees expressed concern that Town staff members are expected to improve and increase services, yet they often find a lack of funding is a barrier to providing such services. Many employees were concerned that the Council voted down the 4% utility sales tax, which appeared to be much needed. The Council Members discussed various possible sources to increase revenues including increasing impact fees, bed taxes, annexing new areas with 1 business/retail potential, state shared revenues for new residential growth, sales taxes on utilities and even the possibility of a property tax UPDATE: In December, the Council approved a 2% sales tax on utilities. This was implemented effective April 1, 2007 and included funds to hire 18.5 additional positions. Earlier this year the Finance Department unveiled a new software program called an Economic Vitality Model that can be used to better project revenues from community growth, both commercially and residentially, as well as due to annexations. Additionally, the Council has requested the Finance Director, Stacey Lemos, and her team to develop a Financial Sustainability Plan that will help to formulate a long-range plan for the financial needs of the Town. The Finance and Bond Committee also has worked on the Financial Sustainability Plan, which was valuable in preparing the 2007-2008 budget. • Performance Appraisal Redesign Many employees expressed that they are looking forward to changes in the performance appraisal procedures. A focus group had participated in a brain- storming session in September to discuss what is "right"with our current program, and what things need improvement. Of concern to some employees is the need to hold supervisors accountable for completing appraisals on time, and developing a procedure that includes more employee feedback into their own evaluation and that fosters better one-on-one communication with supervisors. employees Additionally, expressed that they do not like the merit grid system, which reduces the potential merit increase percentage based on the employee's salary position within the pay range. UPDATE: The new performance appraisal system was implemented July 1, 2007 for the 2007-2008 fiscal year. Training for supervisors was held throughout the summer months, and the majority of supervisors attended a performance management training session. It has been suggested that a town-wide training session for all employees be prepared. Human Resources will consider this if possible as we review our potential training and development options in the coming year. For those employees who have not yet been evaluated using the system, the program includes an employee Feedback Form to allow for self-evaluation. The performance appraisal form is streamlined to include a numeric rating scale while still retaining some elements from the old Ten-Factor performance appraisal form. Also the program eliminates the merit grid system, and facilitates more one-on- one communication between the employee and supervisor. 2 • Town Annexation Plans ‘ilar Employees were both interested and concerned about future annexation possibilities. Some employees saw annexations as an opportunity for the Town to increase revenues that can help us provide the services expected by the community; while other employees viewed annexing new areas as requiring more staffing and more services that are not currently available. UPDATE: The Council has the policy of carefully and thoroughly reviewing all potential annexations before taking action. Additionally, Department Heads are routinely updated on progress toward any annexations, and can give staff members up to date information on future annexation activities. • Staffing Needs Many Town Departments are working at capacity and have identified the need to increase staff if they are to keep up with the service levels expected, especially if the Town grows through annexation or in-fill. Employees expressed a concern that since the 4% utility sales tax didn't pass, they would not see increases to the staffing levels. UPDATE: In December, the Council approved a 2% sales tax on utilities. This was implemented effective April 1, 2007 and included funds to hire 18.5 %ow additionalp ositions. Additionally, 10 new positions were approved for the 2007- 2008 fiscal year, and the Town Council showed a great deal of interest and commitment to refining the classification plan to identify promotion and progression opportunities for employees. Finally, the Police Department has recently completed a reorganization that included promotions for a total of nine staff members following a competitive selection process. • Space Needs In addition to most Departments operating at capacity for current staff levels, the Town is also seeing shortages of space for not only staff, but also for storage. In fact some buildings and offices are using space that "could"be used by staff simply to store all of the records, plans, documents, and other materials that are operationally, or legally required. Employees at the forums were interested to hear any updates from the Space Needs Study. UPDATE: The Council has been studying several options for building a new Municipal Operations Center over the next few years, while still addressing current space needs. Beginning in October, several temporary buildings will become available at the Municipal Operations Center. This will primarily relieve space issues for public works and water operations staff. Future plans over the next 3-5 years may include permanent facilities for the operations group, a new police station, and expansion of the community services building. 3 • Training, Development and Growth Opportunities A few employees brought up the topic of looking for better training, development and growth opportunities for employees throughout the Town. UPDATE: The Library has added a computer training facility that can be used to host training classes which Kevin Verville's IT team may be able to offer soon. Additionally, several small workshops and informational opportunities have recently been offered, or are being planned by our Human Resources office as well as other departments. The Tuition Reimbursement policy was updated to provide for 100% reimbursement of college level courses up to a total of$2,000 annually. Finally, the Human Resources team has partnered with Pima College to survey our entire employee population regarding training needs. This survey was responded to by approximately 40% of employees (kudos to the Library with a response rate of over 80%). A draft recommendation report has been shared with human resources department, and the final report was received the last week of September. The report will be shared with the Town Council and Department Heads, as well as a summary shared with all Town employees. Then, the human resources department will work to put together training and development program recommendations for the future based on the results of the report. • Future of the Library Two employees raised the concern about the Town Library possibly becoming a branch of the Pima County Library System, rather than an affiliate of that system. The Council Members expressed their support for the employees, however noted that funding sources for the library had to be looked at and reviewed very carefully during negotiations with Pima County for a renewed agreement. UPDATE: Our affiliate agreement with Pima County was renewed for a three- year period ending June 30, 2010. Kudos to Mary Hartz-Musgrave for completing the sometimes difficult negations, and to an advisory team of citizens and staff members who provided support in completing the agreement. • Benefits Costs One employee expressed that the Town has done a good job of keeping benefits costs affordable, and they hope this trend will continue. UPDATE: While medical insurance costs continue to rise, the Town will continue to review our costs, make modifications where possible without jeopardizing the quality of the healthcare programs we provide. Sometimes that means we may need to change insurance plans, co-payments, or deductibles, 4 however, we will always look for the best values we can find. Additionally, our %ON"- Y Human Resources office has begun to partner with organizations that can provide health and wellness information and educational opportunities to our employees at low cost or no cost. We hope that by encouraging our employees to stay as healthy and fit as possible, and by providing more information to employees on the true costs of healthcare, we can help control our insurance costs. • Employee Events One employee ee stated that it would be good to have more variety in the type of social events available to employees and indicated that the annual Christmas/Holiday party could use some revamping. Some discussion participants agreed,ants a eed, while others expressed the view that social events should be planned by individuals and not necessarily by the Town. UPDATE: While the Town must use it's limited resources wisely, there are social events that our employees can take part in. While the holiday party has become an annual tradition, there is no reason it cannot be revised or updated. The Human Resources office has headed up a committee to plan for a holiday event thisY ear that may be very different from the traditional party format used in thep ast. More information about that will be available in the next month or two, as the committee finalizes plans. Also, several smaller events could be arranged byvolunteer committees for those who wish to get more involved. g • CAP Water One employee asked whether CAP water would be coming to Oro Valley soon. Council Member Gillaspie explained that this involves careful planning and partnerships s throughout the region, with all the related costs, but of course is something that we have a long-term interest in due to the limited water resources in Southern Arizona. UPDATE: The Town of Oro Valley through the Water Utility is working actively to develop its allocation of Central Arizona Project (CAP) Water. The Town currently has 6,748 acre-feet per year of CAP and has recently approved a subcontract for an additional 3,557 acre-feet per year for a total of 10, 305 acre-feetp er year. CAP Water is a valuable source of water supply for the future Oro Valley. Just to clarify, an acre-foot of water is 325,851 gallons; it is the volume of one foot of water over an acre. CAP water is not currently used directly but it is used to balance ground water depletions that Oro Valley has obligations to repay. This is done through what is known as a Ground Water Savings Facility(GWSF). Currently we use about 2,500 to 4,000 acre-feet per year through the Kai Farms GWSF. 5 4116Ir For the future we are planning to directly treat and deliver our CAP Water. We have a Memorandum of Understanding with Flowing Wells, Marana, and Metro Water to work together and study the possible delivery and treatment an systems d prepare costs estimates for the infrastructure needed for CAP Water. Y These studies are in the preliminary stages. Once we have the needed information, we will prepare a more detailed plan to develop our CAP Water. We anticipate that in 2012, we could have treated CAP Water delivered to Oro Valley. This will increase our water supply, reduce our ground water use, and provide safe and reliable drinking water to our community, citizens and customers. ‘ior 6 TOWN OF ORO VALLEY 7 Page 1 of 1 6 ,UNCIL COMMUNICATION MEETING DATE: 10/17/07 TO: HONORABLE MAYOR AND COUNCIL FROM: Sandra Abbey, Human Resources Director SUBJECT: Consideration and /or Possible Action Regarding the Selection of a Short List of Candidates for the Town Attorney Position. SUMMARY: Subsequent to the former Town Attorney announcing her retirement from public service, recruitment for candidates was initiated with local, regional and national advertising beginning August 17, 2007. The Mayor and Council members have had the opportunity to review applications in executive session. The next step in the selection process involves selection of a short list of candidates and direction to staff regarding scheduling interviews. FISCAL IMPACT: N/A ATTACHMENTS: N/A GGESTED MOTIONS: I move to create a short list of (number) candidates to be interviewed, and to include the following applicants on such list: (names of applicants to be included); and instruct staff to make necessary arrangements to schedule interviews with the candidates and the Council. 2\1J Sandra Abbey, Human Reso rces Director David Andrews, Town Manager