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AGENDA ORO VALLEY TOWN COUNCIL REGULAR SESSION NOVEMBER 16, 2005 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 1. Pursuant to ARS 38-431.03(A)(3) Legal Advice relating to the Westward Look Resort Annexation RESUME REGULAR SESSION AT OR AFTER 7:00 PM CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE UPCOMING MEETING ANNOUNCEMENTS —TOWN MANAGER COUNCIL REPORTS DEPARTMENT REPORTS TOWN MANAGER'S REPORT The Mayor and Council may consider and/or take action on the items listed below: ORDER OF BUSINESS: MAYOR WILL REVIEW THE ORDER OF THE MEETING CALL TO AUDIENCE — At this time, any member of the public is allowed to address the Mayor and Town Council on any issue not listed on today's agenda. Pursuant to the Arizona Open Meeting Law, individual Council Members may ask Town Staff to review the matter, ask that the matter be placed on a future agenda, or respond to criticism made by speakers. However, the Mayor and Council may not discuss or take legal action on matters raised during "Call to Audience." In order to speak during "Call to Audience" please specify what you wish to discuss when completing the blue speaker card. 1. CONSENT AGENDA (Consideration and/or possible action) A. Minutes — 10-5-05 B. Building Safety Report October 2005 C. Approval of Finance and Bond Committee Report to Council for the quarter ended September 30, 2005 11/16/05 Agenda, Council Regular Session 2 D. Resolution No. (R)05-111 Authorizing and approving an Intergovernmental Agreement between the Town and Arizona Department of Public Safety (DPS) for use of office space at the Oro Valley Police Department Substation located at 8001 N. Oracle Road E. Resolution No. (R)05-112 Authorizing the execution of an Intergovernmental Agreement with the Pima County Regional Flood Control District for three urban drainage infrastructure improvement projects located at Highlands Wash, Oro Valley Country Club, and Pistachio Avenue/Poinsettia Drive F. Resolution No. (R)05-113 Canvass of the votes — Declaring and adopting the results of the Ballot By Mail Special Election held on November 8, 2005 G. Resolution No. (R)05-114 Authorizing the Town Manager and the Town Attorney to proceed with acquisition of the property and/or file a condemnation action to obtain approximately 15.18 acres of real property known as Steam Pump Ranch for the purpose of protection and preservation of historic improvements on the property; and declaring an emergency to exist H. Resolution No. (R)05-115 Authorizing and approving the Town to enter into an Economic Development Funding Agreement by and between the Town of Oro Valley and the Critical Path Institute I. Approval of request by property owners of Evergreen Real Estate Development to name a private street "Steam Pump Way" for the Steam Pump Village Phase I Development 2. PRESENTATION BY ORO VALLEY RESIDENT AND WORLD WAR II VETERAN SHERMAN E. WALGREN 3. PRESENTATION BY PIMA COUNTY HEALTH DEPARTMENT CONCERNING THE BIRD FLU PANDEMIC .�r, %�! � 44 Z(1) . 4. ENDORSEMENT OF THE REGIONAL TRANSPORTATION AUTHORITY (RTA) PLAN, AND SUPPORTING THE PLACEMENT ON THE BALLOT FOR CONSIDERATION BY THE VOTERS OF PIMA COUNTY IN MAY 2006 5. PUBLIC HEARING — ORDINANCE NO. (0)05-45 AMENDING THE ORO VALLEY TOWN CODE BY ADOPTING CHAPTER 10, ARTICLE 10-1, SECTION 10-1-40, METHAMPHETAMINE, AND REPEALING ALL RESOLUTIONS, ORDINANCES, AND RULES OF THE TOWN OF ORO VALLEY IN CONFLICT THEREWITH 6. PUBLIC HEARING — ORDINANCE NO. (0)05-46 AMENDING POLICY 29, ANNUAL EMPLOYEE FORUM, OF THE TOWN OF ORO VALLEY PERSONNEL POLICIES AND PROCEDURES CODE; REPEALING ALL RESOLUTIONS, ORDINANCES, AND RULES OF THE TOWN OF ORO 11/16/05 Agenda, Council Regular Session 3 VALLEY IN CONFLICT THEREWITH; AND PRESERVING THE RIGHTS AND DUTIES THAT HAVE ALREADY MATURED AND PROCEEDINGS THAT HAVE ALREADY BEGUN THEREUNDER 7. REQUEST FOR CONSIDERATION AND/OR POSSIBLE ACTION OF APPROVAL OF A MID-YEAR BUDGET ADJUSTMENT FOR 2005/2006 TO HIRE AN ADDITIONAL FOUR POLICE OFFICERS AND THAT $145,000 BE MOVED FROM CONTINGENCY FUNDS TO THE POLICE DEPARTMENT BUDGET 8. REPORT TO COUNCIL REGARDING NARANJA TOWN SITE PRIORITY SURVEY 9. FUTURE AGENDA ITEMS (The Council may bring forth general topics for future meeting agendas. Council may not discuss, deliberate or take any action on the topics presented pursuant to ARS 38-431.02H) CALL TO AUDIENCE —At this time, any member of the public is allowed to address the Mayor and Town Council on any issue not listed on today's agenda. Pursuant to the Arizona Open Meeting Law, individual Council Members may ask Town Staff to review the matter, ask that the matter be placed on a future agenda, or respond to criticism made by speakers. However, the Mayor and Council may not discuss or take legal action on matters raised during "Call to Audience." In order to speak during "Call to Audience" please specify whaty ou wish to discuss when completing the blue speaker card. ADJOURNMENT POSTED: 11/04/05 4:30 p.m. Ih Whenp ossible, a packet of agenda materials as listed above is available for public inspection at least 24 hours prior to the Council meeting in the office of the Town Clerk between the hours of 8:00 a.m. — 5:00p.m. The Town of Oro Valley complies with the Americans with Disabilities Act (ADA). If any person with a disability needs any type of accommodation, please notify the Town Clerk's Office at least five days prior to the Council meeting at 229- 4700 or TDY #229-4900. 11/16/05 Agenda, Council Regular Session 4 INSTRUCTIONS TO SPEAKERS Members of the public have the right to speak during any posted public hearing. However, those items not listed as a public hearing are for 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. Please state your name and address for the record. 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. November 16, 2005 SPEAKER: John Mitchell, 1459 W Fairway Wood Court, Oro Valley, AZ , (520) 877-2809 FORUM: TOWN COUNCIL MEETING, Call to the Public TOPIC: Lack of a Fire Service Plan for the town of Oro Valley ISSUE: The lack of a town Fire Service Plan has resulted in confusion regarding how fire and emergency service is to be provided in the town of Oro Valley: specifically exposing the residents to a lack of adequate fire and emergency service; potentially increasing the costs to obtain adequate fire and emergency service; and potentially placing fire and emergency stations in less than desirable locations. The town of Oro Valley has left the provision of fire and emergency service to the whims of the competitive marketplace and the 3 fire companies (Rural Metro Fire Department(Rural Metro), Golder Ranch Fire District(Golder Ranch), and Northwest Fire District (Northwest))which currently provide fire and emergency service to the town. RECOMMENDATION: That the City Council of Oro Valley put a moratorium on any actions relating to the location and construction of fire and emergency service stations within the town limits until the town has developed an approved Fire Service Plan. DISCUSSION: Based on reading the General Plan for the town of Oro Valley,the Zoning Code for the town of Oro Valley, and discussions with Golder Ranch, Rural Metro, (Northwest was not contacted), Oro Valley town staff, and other interested citizens of Oro Valley, the following has been deduced: Planning: • Section 6. PUBLIC FACILITIES, SERVICES, AND SAFETY of the town's General Plan states in part: "The purpose of the Public Facilities, Services and Safety Element is to provide the Town of Oro Valley with development oversight strategies that ensure orderly, rational development of infrastructure to support projected growth and to address the safety needs of its resident[s]. The incorporation of the Town of Oro Valley was the result of resident's desire to protect their public welfare and safety ....". 1 • The subparagraph entitled "Fire Protection and Emergency Response" under Section 6. of the General Plan does not provide strategies, but only a description of how fire services are currently p provided stating in part: "Fire protection and emergency response services in the Planning Area are provided by the Golder Ranch Fire District,Northwest Fire District, and Rural Metro Fire Department. ...." • While minimum standards for fire and emergency service have been established, no other planning exists for the provision of fire and emergency services to the town of Oro Valley. Current provision of fire and emergency services: • Rural Metro and Golder Ranch have both indicated that they rely in therovision of adequate fire and emergency service on a study p q performed several years ago that stated fire and emergency services optimally should be able to be provided within 6 minutes. p Y • Rural Metro and Golder Ranch have both indicated that the Oro Valley residents located in the area of La Canada and Lambert Lane are currently outside of the optimal fire and emergency response time of 6 minutes. • Rural Metro, the current provider of fire and emergency services to the residents located in the area of La Canada and Lambert Lane, indicated that they had attempted to get a location for a fire and emergency service station in the area for several years only to have g Y their efforts rebuffed by the town of Oro Valley. • Golder Ranch, which does not provide fire and emergency services to the residents located in the area of La Canada and Lambert Lane, has recently obtained approval for a grading waiver for the location of a fire station at the northwest corner of La Canada and Lambert Lane (one of the locations previously explored by Rural Metro). • There is currently an ongoing negotiation between Rural Metro and Golder Ranch regarding the provision of fire and emergency services to the town of Oro Valley. I have been told by both that theagreement would result in Golder Ranch providing fire (and emergency?) service to the town while Rural Metro (underthe name of Southwest Ambulance) would provide EMS. • HOWEVER, Rural Metro is not getting out of the fire fighting business and would continue to provide fire service to residents if they did notapprove the assumption of such services by Golder Ranch. • FURTHER, there seems to be some confusion regarding the provision of emergency (EMS?) services and transport. Golder Ranch indicated they would have both a fire truck and a rescue truck (EMS only or EMS and transport?) located in their fire stations, while Rural Metro believed that the agreement being 2 negotiated would make them the sole provider of transport,but were not sure about EMS. (The agreement is being negotiated between Golder Ranch and Rural Metro headquarters in the Phoenix area, and the local Rural Metro Fire Chief was not completely sure what it contained). • Regardless of the outcome of the agreement, it must result in confusion for both the residents of Oro Valley and 911 (Do you call one company for EMS and another for transport? One for fire, the other for EMS). • Rural Metro and Golder Ranch have both indicated that a majority of the residents in a proposed service area must consent to have their fire and emergency service provided by a specific company. Where one company would like to assume responsibility for providing fire and emergency service from another company, this requirement still applies. Cost of fire and emergency services: • When residents consider who should provide fire and emergency services for them,they must consider cost as well as quality of the service provided. •• It is currently unclear with regard to the rates charged by both Rural Metro and Golder Ranch as to what costs are reflected in those rates and what control residents (the town of Oro Valley) have in managing those costs. Are all costs incurred by the fire company(including expansion into rural areas that don't contribute proportionally to the base costs are allocated over) reflected by the rate charged? How can the town of Oro Valley ensure the rate charged is reasonable for the service provided to the town? • Residents of Oro Valley who reside in an area which is subject to a change in companies providing fire and emergency services are themselves subject to a change in cost regardless of whether or not it takes the form of a subscription or a secondary tax levy. Those residents should have a(significant) say in who will provide their fire and emergency service. Implication and Impact: • The town of Oro Valley,by not having a Fire Service Plan in place has failed to provide its residents with ... " oversight strategies that ensure orderly, rational development of infrastructure to support projected growth and to address the safety needs of its resident[s]." This is a failure to meet one of the fundamental reasons for the incorporation of the Town of Oro Valley. • The town of Oro Valley, by not having a Fire Service Plan in place has by default deferred to a"Cart before the horse" scenario. In the current instances: (1) a fire and emergency service station will be constructed and then(it is assumed)the residents will be asked to 3 approve v, (since ice from it it will be operated by a pp receiving ser different provider that their current one); and(2) an agreement is putplace in between the fire and emergency service providers and then the residents will be asked to approve it(where the provided service changes providers) regardless of how convoluted or cost inefficient it is. • The town of Oro Valley, by not having a Fire Service Plan in place, has allowed the provision of fire and emergency services to the residents of the town to be driven by the goals and objectives of the companies which provide those services. This has not necessarily always been in the best interest of the residents. • There appears to be significant confusion regarding how and by who fire and emergency services will be provided to the residents of Oro Valley, with many of those residents unaware of what is taking place. • There is not an objective source of information from which to understand the current fire and emergency service situation in the town of Oro Valley. • Even though some residents are outside of the area where fire and emergency services can be provided in an optimal response time (6 minutes)(the La Canada and Lambert Lane area), it is believed to be in everybody's best interest to delay the construction of new fire and emergency service stations until the town of Oro Valley has developed a Fire Service Plan. The fact that some residents have been outside of the area of optimal response time has existed for several years, with the town itself as the main obstacle to locating a station in the subject area. Waiting several more months to get a plan in place is not asking too much. Fire Service Plan: At a minimum, the Fire Service Plan should: • have the town responsible for all aspects of the provision of fire and emergency service including, but limited to determining the type of services to be provided, the location of fire and emergency service stations,the selection of the provider, and the control and management of the cost of the service. • specifically state how and by whom fire and emergency service will be provided to the town of Oro Valley • specifically state the procedures for selecting who will provide fire and emergency service (if more than 1 provider will be used, how they will be selected and services divided) • specifically state how the cost of obtaining fire and emergency service will be managed 4 • specifically state how fire and emergency service stations will be located, with the town of Oro Valley taking an active role in making appropriate space available. • be approved by the majority of residents in the service area. 5 A DRAFT MINUTES ORO VALLEY TOWN COUNCIL REGULAR SESSION OCTOBER 5, 2005 ORO VALLEY COUNCIL CHAMBERS 11000 N. LA CANADA DRIVE REGULAR SESSION AT OR AFTER 6:00 PM CALL TO ORDER 6:00 PM ROLL CALL PRESENT: Paul Loomis, Mayor Barry Gillaspie, Vice Mayor Paula Abbott, Council Member K.C. Carter, Council Member Conny Culver, Council Member Helen Dankwerth, Council Member Terry Parish, Council Member EXECUTIVE SESSION AT OR AFTER 6:00 PM MOTION: A MOTION was made by Council Member Dankwerth and SECONDED by Council Member Carter to go into Executive Session at 6:02 p.m. for the following purpose: 1. Pursuant to ARS 38-431.03(A)(3) and (A)(7), Council may vote to go into Executive Session for the purpose of consultation for legal advice with the Town Attorney and for consultation with Town staff representatives regarding Logan's Crossing Equestrian Trail 2. Pursuant to ARS 38-431.03(A)(3) and (A)(7), Council may vote to go into Executive Session for the purpose of consultation for legal advice with the Town Attorney and for consultation with those representatives regarding negotiations for the possible acquisition of a portion of the real property known as Steam Pump Ranch (Northwest side of Oracle Road, at Hanley Boulevard, Oro Valley) Mayor Loomis announced that in addition to the Town Council, the Town Manager, the Town Clerk and the Town Attorney, Community Development Director Brent Sinclair would be present in Executive Session for Items 1 and 2 and Parks and Recreation Administrator Ainsley Reeder would be present for Item 1. MOTION CARRIED, 7 — 0. 10/05/05 Minutes, Council Regular Session 2 MOTION: A MOTION was made by Council Member Parish and SECONDED by Council Member Dankwerth to go out of Executive Session at 7:03 p.m. MOTION CARRIED, 7 — 0. RESUME REGULAR SESSION AT OR AFTER 7:00 PM CALL TO ORDER 7:12 PM ROLL CALL PRESENT: Paul Loomis, Mayor Barry Gillaspie, Vice Mayor Paula Abbott, Council Member K.C. Carter, Council Member Conny Culver, Council Member Helen Dankwerth, Council Member Terry Parish, Council Member PLEDGE OF ALLEGIANCE Mayor Loomis led the audience in the Pledge of Allegiance. UPCOMING MEETING ANNOUNCEMENTS Town Manager Chuck Sweet reviewed the upcoming meetings and events. COUNCIL REPORTS Council Member Dankwerth reported that she attended the Springboard graduation. She stated that she felt that this program worked wonders for the young women and she was very proud that this organization was in the Town. Council Member Carter reported that he held his monthly meeting with the Sun City residents. He also commented that the renovation of the old Fry's Store (at Oracle and Magee) was a positive move forward. DEPARTMENT REPORTS Town Engineer Craig Civalier reported that the public art project for the La Canada Drive Extension has been completed. He invited everyone to drive by and enjoy the art. Water Utility Director Philip Saletta reported that the Reclaimed Water System has been fully tested and is now operational. He stated that Sun City Golf Course would be on line by October 12th and Vistoso Highlands and Stone Canyon Golf Courses would be on line by November 1st. He further reported that there has been a delay on the construction of the in-line pump station between Roger Road Plant and Thornydale Pump Station. He explained that the delay IIwould be until about March 2006 but it would not impact the Town's ability to 10/05/05 Minutes, Council Regular Session 3 deliver reclaimed water to the three golf courses. He explained that water demands drop-off significantly in the winter months and the Thornydale pump station would be able to meet those demands. Mr. Saletta then reported that the Water Utility is moving forward on Phase H of the project. TOWN MANAGER'S REPORT Town Manager Chuck Sweet stated that the issue of errant soccer balls being kicked into the desert from soccer players at CDO Riverfront Park would be placed into the Capital Improvements Projects process due to the costs associated with nets, etc. CALL TO AUDIENCE Doug McKee, 11836 Cassiopia, thanked the Town for placing agenda packet information on the site but asked that additional appendices and/or exhibits also be scanned into the packet. He also suggested that when a regularly schedule Town meeting is not going to be held, that a courtesy notice be placed on the web to inform the public. Richard Feinberg, 1451 E. Triton Place, congratulated members of the "Stop Oro Valley Outrageous Giveaways" political action committee for their tireless work in giving the citizens the opportunity to vote on the economic development incentives in Oro Valley. 1. CONSENT AGENDA At the request of Council Member Dankwerth, Consent Agenda Item N was pulled for discussion. At the request of Vice Mayor Gillaspie, Consent Agenda item 0 was pulled for discussion. MOTION: A MOTION was made by Council Member Parish and SECONDED by Council Member Abbott to approve the Consent Agenda with the exception of Items N and 0 and with the modified motion for Item J as presented. A. Minutes — 08-24-05; 08-31-05; 09-07-05; 09-14-05 B. Building Safety Activity Report— August 2005 C. Coyote Run Monthly Report —August 2005 D. Resolution No. (R)05-77 Authorizing and approving the renewal of the Oro Valley Courtyard Farmers Market Lease adding Section 9. Cleaning of the Premises/Courtyard E. Resolution No. (R)05-78 Adopting the Town of Oro Valley Drug Free Workplace Federal Transit Administration (FTA) Drug/Alcohol Policy F. Resolution No. (R)05-79 Authorizing the execution of the Under- grounding Agreement between the Town of Oro Valley and Tucson IIElectric Power Company for the undergrounding of the existing 10/05/05 Minutes, Council Regular Session 4 overhead electric power lines along the south side of Lambert Lane fronting the Beztak project G. Resolution No. (R)05-80 Approving an Intergovernmental Agreement between the Town of Oro Valley and the Arizona Board of Regents for the University of Arizona to extend membership in the Water Conservation Alliance of Southern Arizona (Water CASA) H. Resolution No. (R)05-81 Acceptance of bid and award of contract for the Oro Valley Town House Pavement Rehabilitation to K & B Asphalt Company in the amount of $75,675.00, Project No. OV 30 04/05 02 I. Resolution No. (R)05-82 Acceptance of bid and award of contract for the Annual Traffic Signal Maintenance Contract to Phoenix Highway Services in the amount of $29,935.00, Project No. OV 30 05/06 05 J. Resolution No. (R)05-83 Acceptance of bid and award of contract for the Copper Creek Subdivision Phase 1B, Fog Coat to Cactus Transport, Inc. in the amount of $50,623.00, Project No. OV 30 02/03 13B K. Resolution No. (R)05-84 Acceptance of bid and award of contract to Southern Arizona Paving & Construction Company in the amount of $46,890.00 for the Annual Special Maintenance Contract, Project No. OV 30 05/06 01 L. Resolution No. (R)05-85 Declaring that document known as Article 8- 4 of the Town Code, entitled "Sexually Oriented Businesses," to be a public record M. Resolution No. (R)05-86 Establishing a No Parking Zone during the hours of 7:00 a.m. to 3:00 p.m. when school is in session on W. Naranja Drive between Shannon Road and La Cholla Blvd., public streets and rights-of-way contained therein N. Approval of street name change from Conley Crest Place to Stone Gate Place (PULLED FOR DISCUSSION) O. Authorization to staff to move forward to acquire the Logan's Crossing Equestrian Trail (PULLED FOR DISCUSSION) P. Granting permission to file a preliminary injunction against 9800 N. Oracle Road — Reflections at the Buttes N. APPROVAL OF STREET NAME CHANGE FROM CONLEY CREST PLACE TO STONE GATE PLACE Council Member Dankwerth questioned using "Place" verses "Drive" for a major thoroughfare. In response to a comment from Vice Mayor Gillaspie, Community Development Director Brent Sinclair confirmed that the Pima County Addressing Standards and Qualifications were met on the naming/renaming of this street. MOTION: Council Member Parish MOVED to approve the street name change from Conley Crest Place to Stone Gate Place. Council Member Abbott 10/05/05 Minutes, Council Regular Session 5 SECONDED the motion. Motion carried, 6- 1, with Council Member Dankwerth opposed. O. AUTHORIZATION TO STAFF TO MOVE FORWARD TO ACQUIRE THE LOGAN'S CROSSING EQUESTRIAN TRAIL Vice Mayor Gillaspie stated that he requested that this item be pulled to give the citizens the opportunity to address the issue. Mayor Loomis opened the floor for public comment. Greg Clugston, 9090 N. Camino De Anza, stated that the CDO access trail that crosses through Logan's Crossing was a unique asset to the Town and it was very important for equestrians to have a safe access to the wash area. He encouraged the Council to keep the trail "as is" and encouraged the Council to move quickly as the access would be a great loss to the equestrians. Brian Boylan, 1044 W. Saddlehorn Place, stated that he supported leaving the horse trail where it is. He stated that all the homeowners in Logan's Crossing purchased their homes with the horse trail in place and many believe that it should remain. Josephine DiGennaro, 1083 W. Saddlehorn Drive, questioned why there were so many inconsistencies after so many years since the houses were built. She stated that they have collected 54 signatures from the homeowners in the area in support of keeping the trail. Chester Cohen, 1280 W. Saddlehorn Drive, stated that the homeowners are not getting notices and information regarding this issue as previously promised. He said notices have been given to area equestrians but not to the residents of Logan's Crossing. He also stated that the trail was there when homes were bought in the area and horses were not meant to be on the streets. Robert Estrin, 1023 W. Saddlehorn Drive, stated that he was also upset that the Town had not been communicating with the homeowners in Logan's Crossing with the exception of possibly one. He also said that this is a dispute between two neighbors. He stated that the homeowner's were not notified of tonight's meeting and felt it was outrageous. Anne Britt, 9601 N. Calle Buena Vista, thanked the Council for addressing this issue. She stated that there is a long history on this property (back to approximately 1990.) She stated that the original developer of the area did not like the proposed alignment by Pima County as he felt that he would have trouble selling the lots so the developer arbitrarily put the trail in its current location. Ms. Britt stated that she believed the old alignment was supposed to have been abandoned and the new alignment recorded, but she did not believe that this was 10/05/05 Minutes, Council Regular Session 6 ever done. She further explained that the Pima County Trails Association tried very hard to communicate with the residents in Logan's Crossing but after they realized it was out of their hands, they left the communication up to Pima County and Oro Valley. Council Member Parish explained that the Town has been working on this issue since April. He explained that the reason there has not been a lot of communication with the neighborhoods is because of the legalities involved. He stated that the Council could have been held liable until the item became a matter of public record. He stated that this will be forthcoming but he wanted people to know that the closed trail area is legally private property and not Town property. He asked for the neighbor's patience and apologized for the fact that the Town could not give out more information at this time. MOTION: Vice Mayor Gillaspie MOVED that the Town Staff be authorized to move forward with acquiring the existing trail easement including taking initial steps to prepare for filing a condemnation action in the event acquisition cannot be worked out with the property owners. Council Member Parish SECONDED the motion. DISCUSSION: Council Member Abbott apologized to anyone that was offended. She stated that the she hoped the residents would be happy with the direction that the Council is moving towards. MOTION CARRIED, 7 — 0. 2. RESOLUTION NO. (R)05- 87 AUTHORIZING AND APPROVING OF A GRANT-IN-AID AGREEMENT BETWEEN THE TOHONO O'ODHAM NATION AND THE TOWN OF ORO VALLEY FOR FUNDING THE HONEY BEE VILLAGE ARCHAEOLOGICAL PRESERVE WALL AND FENCE PROJECT Special Projects Coordinator Scott Nelson reported that on July 14, 2005, the Town submitted a request for a grant funding proposal to the Tohono O'odham Nation for funding the Honey Bee Village Archaeological preserve wall and fence project. On August 15, 2005, the Town received a letter from the Tohono O'odham Nation indicating that the Town's grant funding proposal for $206,500 had been selected with a condition that an agreement between the Nation and the Town is in place in advance of the Nation's Legislative Council meeting which would be held the week of October 10th. Mr. Nelson then reviewed an overhead map depicting the area. He explained that the funding would provide for a 42- inch high natural wall with the prospects of adding a 30-inch wrought iron fencing along the top. MOTION: Council Member Abbott MOVED to ADOPT Resolution (R)05-87. Council Member Dankwerth SECONDED the motion. Motion carried, 6 — 0 (Council Member Parish stepped out of the meeting.) 10/05/05 Minutes, Council Regular Session 7 3. SECOND PUBLIC HEARING — ORDINANCE NO. (0)05-34 AMENDING THE TAX CODE OF THE TOWN OF ORO VALLEY, ARTICLE IV, CHAPTER 8A, SECTION 480, RELATING TO THE UTILITY SERVICES TAX RATE AND REPEALING ALL RESOLUTIONS, ORDINANCES, AND RULES OF THE TOWN OF ORO VALLEY IN CONFLICT THEREWITH; PRESERVING THE RIGHTS AND DUTIES THAT HAVE ALREADY MATURED AND PROCEEDINGS THAT HAVE ALREADY BEGUN THEREUNDER Assistant Town Manager David Andrews reviewed the Council Communication and explained that a Study Session was held on August 10th and the first public hearing was held on September 7, 2005 regarding the possible adoption of a ordinance that would implement a local sales tax on utility services. Tonight's meeting will provide the second public hearing before Council's consideration. Mr. Andrews then reviewed some of the principal aspects of the ordinance: ■ The ordinance would apply a 4% local sales tax rate on utility services (electricity, natural gas and water.) ■ Adoption of this ordinance would generate General Fund revenues of approximately $1.9 million annually. ■ Cost per household would vary based on consumption and is estimated to be $7.20 per month. Mr. Andrews reviewed an overhead chart depicting General Fund Revenues and Expenditures through fiscal year 2009/2010. He stated that the annual deficit is $1.4 million for the current fiscal year, 2005/2006, and that amount is projected to increase to $5.5 million by fiscal year 2009/2010. He explained that adoption of the utility tax along with continued economic development and cost control efforts would provide a balanced budget and preserve the Town's cash reserves well into the future. Mr. Andrews further reported that construction sales tax revenues have decreased almost 50% since 1999/2000 and inflation, population growth, and continued demands for public services such as police, recreation, arts and cultural activities will continue to place significant pressures on the Town's finances. He also explained that it would be at least two years before the Town would receive any sales taxes from two major economic development projects (Vestar-Oro Valley Market Place and the Oro Valley Town Center.) Therefore, it is recommended that a utility sales tax address the short-term revenue needs over the next few years and that further research and analysis be performed for long-term needs. Mr. Andrews stated that the Town's Economic Development Think Tank and the Finance and Bond Committee unanimously recommended implementation of the local sales tax on utility services. Discussion followed regarding the fact that if the utility sales tax is not implemented, the Town's Contingency Fund would be depleted over the next three years, CIP projects may not be funded, and library hours could be reduced, 10/05/05 Minutes, Council Regular Session 8 etc. Also, the $1.4 million deficit includes $1.1 million for capital improvement projects (if projects not funded, deficit would be about $300,000.) Mayor Loomis opened the public hearing. The following people spoke against the implementation of the utility sales tax citing such reasons as: tax is not justified as commercial and residential new growth are not considered, current increases in energy costs, property taxes, fire coverage, medical insurance premiums, property taxes would impact all, but especially senior citizens who are on fixed incomes, Town should take a serious look at cutting costs and make budgetary decisions, Town will be "giving away" $51.3 million in tax incentives, support the increase in bed tax but keep it all in Oro Valley, difficult to fund and balance running the Town but need to look at other ways to fund Town services, etc., and residents of La Cholla Airpark were not told of the prospect of a utility tax when the Council held a neighborhood meeting regarding annexation. Don Milliken, 9920 N. Hacienda Hermosa Chet Oldakowski, 11706 N. Via De La Verbenita Mike Naish, 12140 N. Makayla Canyon Cheryl Smith, 11500 N. Skywire Tim Booth, 1150 W. Saddlehorn Drive Pam Sabato, 11495 N. Flying Bird Drive Ron Wiener, 13101 N Tailwind Drive (La Cholla Airpark) Mayor Loomis closed the public hearing. MOTION: Council Member Abbott MOVED to DENY Ordinance (0)05-34. Council Member Parish SECONDED the motion. DISCUSSION: Council Member Parish stated that he was against implementing a utility tax at this time, but the Town does have many needs. He said that citizens must be asked "Do you want the services that currently make the quality of life in Oro Valley what it is?" He stated that taxation was not the way to get there, but economic development is. Council Member Parish stated that some of the people speaking against the utility tax are the same people that are speaking out against economic development in the Town. He further addressed bed tax (1/3 of which was designated to parks in Oro Valley), tourism, and the Naranja Town Site. He also explained that the Economic Vitality Plan would provide the Town with long-term projections but this process would take time and money. Vice Mayor Gillaspie stated that this is a tough subject because if the Council raises taxes, they are in trouble, and if they cut services, they are in trouble. He stated that the employees work very hard for the community and the Town continues to grow rapidly. He said that because we continue to grow, there are not many established programs from which we can "cut the fat." He stated that we are talking about normal services, (police services, parks, etc.) which are part of our "Community of Excellence." He also agreed that the community has to 10/05/05 Minutes, Council Regular Session 9 make a decision about what it wants. Vice Mayor Gillaspie stated that the utility tax would provide an opportunity for the community to move its money base from development as the sales tax will not provide that on its own. He stated that he would advocate for "slashing" services, etc. that are not vital. He also stated that he never agreed with the amount of money that was given away in the Economic Development Agreements (EDA.) However, he finds it hypocritical that certain members of the community failed to try to challenge EDAs for other properties because "if it is bad tax policy, it is bad tax policy across the board." He further stated that if this utility tax is denied, and once the Economic Vitality Plan is completed, he would propose that a property tax be placed in front of the Town's citizens as he did not want to see the Town wither and die. Council Member Dankwerth stated that when she ran for office, she knew there would be times that hard and unpopular decisions would have to be made. She stated that her primary concern was that citizens may have to give up timely police responses if the Town could not afford to hire more officers or buy another police car to keep up with the growth because an additional $7.20 per month was not approved. She stated that it was time to look at our priorities and ask what kind of a Town do we want? If we want a Town of excellence, we have to pay for it. Council Member Dankwerth stated that if we do not want to reduce hours at the library, hinder police services, have road repairs delayed, etc., then hard decisions must be made. Council Member Carter stated that he ran on a platform that advocated a "balanced budget." He stated that he voted "no" on the 2005/06 Budget because it was not balanced. He commented that many people live on fixed budgets and everything is going up. Therefore, he would not approve the implementation of a utility tax. Council Member Culver agreed that the Council is faced with some tough choices and asked for the citizens' help in finding solutions to keep the Town's level of services and to keep our quality of life. She stated that she could not support the utility tax at this time, but asked that the citizens think about where the needed revenues are going to come from. She also clarified that it was not the current Council that approved the EDAs but they are contracts that can not be broken. Council Member Abbott stated that she could not support the utility tax at this time. She said that enough has not been done to make cuts in the Town's budget. She also said that she was concerned about the increases in the cost of living and about the impact to those on a fixed income. She also stated that a good case has not been made on how monies would be spent. Council Member Abbott stated that tough decisions must be made on how we will keep up the Town's level of services and she asked that the citizens stay involved. 10/05/05 Minutes, Council Regular Session 10 Mayor Loomis stated that implementing a utility tax was one step as the Town moves forward and grows. He explained that in the past, the Council tasked the Finance and Bond Committee to come up with suggestions for creating additional revenues, one of which was the implementation of a utility tax. He explained that surrounding communities were surveyed and Tucson, Marana, Sahuarita, and South Tucson all charge between 4% - 4.5% for a similar tax. He further stated that the Town has established a level of excellence and a desire for certain levels of services. As the Town continues to grow, more resources will be required. Mayor Loomis reiterated that the construction sales taxes will be going away as the Town approaches build-out. He further stated that Oro Valley is the fifteenth largest city/town in Arizona and there are big responsibilities associated with its size and future growth. He stated that the Town's General Plan which will be before the voters in November, provides a lot of direction, policy and desires for the community and support and direction is needed from the Town's residents. He stated that the question of "How can we afford to do business the way that we do business today?" is not going away and other sources of revenue will be needed. MOTION TO DENY, CARRIED 5 — 2, with Mayor Loomis and Council Member Dankwerth opposed. Mayor Loomis recessed the meeting at 8:42 p.m. The meeting resumed at 8:52 p.m. 4. PUBLIC HEARING — ORDINANCE NO. (0)05-35 ADDING CHAPTER 17, IMPLEMENTING AND UPDATED AND REVISED FLOODPLAIN AND EROSION HAZARD MANAGEMENT CHAPTER INTO THE ORO VALLEY TOWN CODE Town Engineer Craig Civalier explained that based on feedback received from the Federal Emergency Management Agency (FEMA) and the Arizona Department of Water Resources, the Town's previous floodplain ordinance needed revision in order to be in compliance with current FEMA technical and regulatory requirements for floodplain management and development. The adoption of Ordinance (0)05-35 would adopt needed changes to meet the current requirements. Mayor Loomis opened the public hearing. There being no speakers, the public hearing was closed. MOTION: Council Member Parish MOVED to ADOPT Ordinance (0)05-35 authorizing the Mayor to put into immediate effect the revised Floodplain and Erosion Hazard Management chapter as part of the Town Code. Council Member Dankwerth SECONDED the motion. Motion carried, 7 — 0. 10/05/05 Minutes, Council Regular Session 11 5. PUBLIC HEARING — ORDINANCE NO. (0)05-36 AMENDING THE TOWN CODE OF THE TOWN OF ORO VALLEY, ADOPTING ARTICLE 8-4, SEXUALLY ORIENTED BUSINESSES AND REPEALING ALL RESOLUTIONS, ORDINANCES, AND RULES OF THE TOWN OF ORO VALLEY IN CONFLICT THEREWITH AND DECLARING AN EMERGENCY TO EXIST Town Attorney Melinda Garrahan explained that this is first of two parts in regulating sexually oriented businesses in the Town. The first approach is setting up business licensing regulations that deal with the public health, safety and welfare issues that have been documented through law enforcement. The next step will be changes to the Zoning Code which are being worked on by the Planning and Zoning Department. She explained that the business licensing regulations are not dependent on the modifications to the Zoning Code. Ms. Garrahan reported that currently the Zoning Code only allows these types of businesses in commercial areas but regulations would be considered that would further restrict where those businesses can be located through a "land use" standpoint. Deputy Civil Attorney Joe Andrews further explained that sections of this ordinance reference distances from places such as schools and churches. He stated that he anticipated that this language would also be used as part of the Conditional Use Permit (CUP) process. He explained that the business license regulations and the CUP would be dove-tailed together and cross-referenced accordingly. Vice Mayor Gillaspie thanked staff for their quick response and work on this ordinance. He further questioned the fact that the Council Communication references that there is no fiscal impact to the Town and he commented that the administration for enforcing this type of ordinance is huge. Ms. Garrahan stated that there was not an impact that could be readily identified. She agreed that there would be costs associated with the administration of this ordinance but the licensing fees have been made substantially higher for these types of businesses verses what other businesses pay due to the increased amount of work and investigations that would be involved. Mayor Loomis opened the public hearing. There being no speakers, the public hearing was closed. MOTION: Council Member Dankwerth MOVED to ADOPT Ordinance (0)05-36 amending the Town Code of the Town of Oro Valley, adopting Article 8-4 of the Town Code entitled "Sexually Oriented Businesses" including the typographical corrections as submitted. Council Member Parish SECONDED the motion. 10/05/05 Minutes, Council Regular Session 12 DISCUSSION: Council Member Parish thanked staff for all their hard work. He commented that he and Vice Mayor Gillaspie looked at this when a nearby area had issues with a sexually oriented business coming in Pima County. He stated that he was a very impressed with the ordinance and the work done by the Town's legal staff. MOTION CARRIED, 7 — 0. 6. PUBLIC HEARING — ORDINANCE NO. (0)05-37 RELATING TO THE PRIVILEGE LICENSE TAX; REPEALING ORDINANCE NO. (0)05-25 OF THE TOWN OF ORO VALLEY; ADOPTING "SUPPLEMENTARY LOCAL AUDIT PROCEDURES FOR THE TOWN TAX CODE OF THE TOWN OF ORO VALLEY, ARIZONA" BY REFERENCE; AMENDING ARTICLE V — ADMINISTRATION OF THE TOWN TAX CODE AND REGULATION 8A- 555.1; PROVIDING PENALTIES FOR THE VIOLATION THEREOF; PROVIDING SEVERABILITY AND ESTABLISHING AN EFFECTIVE DATE OF JANUARY 1, 2006 Mayor Loomis opened the public hearing. There being no speakers, the public hearing was closed. MOTION: Council Member Culver MOVED to ADOPT Ordinance (0)05-37 amending the Tax Code of the Town of Oro Valley, Arizona, Article V, relating to the Town's authority to perform Local Sales Tax Audits of Oro Valley Businesses. Council Member Parish SECONDED the motion. Motion carried, 7 — 0. 7. PUBLIC HEARING — ORDINANCE NO, (0)05-38 AUTHORIZING AND APPROVING THE TOWN OF ORO VALLEY TO EXCHANGE APPROXIMATELY .517 ACRES OF TOWN OWNED PROPERTY, LYING WITHIN PIMA COUNTY PARCEL #220-13-0080, FOR APPROXIMATELY .218 ACRES OF PROPERTY HELD BY CNL HOSPITALITY CORPORATION, LYING WITHIN PIMA COUNTY PARCEL #220-13-006B, LOCATED IN THE HILTON EL CONQUISTADOR RESORT, TO FACILITATE TOWN OF ORO VALLEY MUNICIPAL WATER DEPARTMENT WELLSITE OPERATIONS Special Projects Coordinator Scott Nelson reviewed an overhead map and stated that in 1996 the Town acquired the Canada Hills Water Company and all of its assets. He explained that two of those assets are a .517 acre former sewage treatment facility which is located near the Hilton El Conquistador Resort and a .046 acre D-2 well site which shares a fenced yard with the Hilton's golf cart storage and maintenance facility. Mr. Nelson explained recent inspections by Pima County Department of Environmental Quality revealed concerns over operating a well site in close proximity to these facilities which also utilizes storage of chemicals and fertilizer. 10/05/05 Minutes, Council Regular Session 13 Mr. Nelson then explained that the Town and the Hilton worked to address these concerns and the proposed solution is to exchange the Town's .517 acre former sewage treatment facility for the Hilton's .218 acre golf cart and maintenance facility. He stated that Arizona Revised Statute §9-407 allows incorporated cities and towns by Ordinance to authorize an exchange of real property for any other parcel of real property within the incorporated city or town provided that the parcels are of substantially equal value and the exchange meets the terms and conditions set forth in the Ordinance. Mayor Loomis opened the public hearing. Tim Booth, General Manager of the Hilton El Conquistador, stated that a lot of work went into a solution for this issue. He stated that what is good for the resort is also good for the residents in the area and the Town will be served. He thanked the Town Manager, the Legal Department and Town staff for all their patience and efforts. Mayor Loomis closed the public hearing. MOTION: Council Member Parish MOVED to ADOPT Ordinance (0)05-38 authorizing the exchange of the .517 acre parcel owned by the Town of Oro Valley described in Exhibit "A" for the .218 acre parcel owned by CNL Hospitality Corporation described in Exhibit "B." Council Member Carter SECONDED the motion. Motion carried, 7 — 0. 8. DISCUSSION AND/OR POSSIBLE ACTION REGARDING THE TRAFFIC EVALUATION FOR MOUNTAINSIDE DRIVE EXTENSION Town Engineer Craig Civalier reported that on July 13, 2005, a Study Session was held to review the Traffic Evaluation for Mountainside Drive Extension. He explained that in addition to placing information on the Town's website and in the Administration Lobby, the effected residents were notified by mail that this information was available to them and that the item was scheduled for consideration at tonight's meeting. Mr. Civalier further reported that the Traffic Evaluation included review of the accident history and travel delays at the intersections of Oracle Road and Catalina Shadows Drive and Oracle Road and Mountain Vista Drive. He explained that the review of the accident records indicate that accidents are occurring at a very low rate and travel delay time was greatest in the morning and evening peak hours at the Mountain Vista Drive intersection. He explained that the evaluation further showed that extending Mountainside Drive would provide benefits for some of the area residents with regards to reducing travel time; however, additional trips would be added to the Magee Road/Oracle Road intersection which may cause an increase in travel delay time there. Mr. Civalier stated that present estimated construction cost for the extension of Mountainside 10/05/05 Minutes, Council Regular Session 14 Drive is $376,384.40 and with additional costs associated with the project, the total estimated cost would be approximately $546,384.40. At the request of Council Member Dankwerth, Mr. Civalier reviewed the questions and Town staff answers that were submitted by residents. Further discussion followed regarding: • Warrant for left-turn arrow at traffic light at Hardy Road and Oracle Road? -Last traffic impact study was done by ADOT when the Eckerd's Drug Store Development Plan came forward. — Mayor Loomis asked to have ADOT look at again in very near future due to increase in growth of area. • Funding of project would be placed in Capital Improvements Project process. • Intersections are dangerous when drivers are trying to head south on Oracle Road. • What is Town's liability? At what point do we try to be proactive? Encourage ADOT to put in left-turn arrow. Mayor Loomis opened the floor for public comment. Robert Sleight, 655 Rancho Catalina Place, reviewed his observances of the area and stated that it was very dangerous when turning southbound. He asked that something be done before someone is killed. Mary Moore, 220 E. Four Horses Place, commented that residents of the area can go to Hardy Road to turn at a light even though it takes more time and that the monies might possibly be better spent on erosion control and paving of some of the streets Gary Bagnoche, 7720 N. Arundel Drive, stated that he was against the extension stating that the extension would be more of an exercise of convenience and not safety. He also commented that the $546,000+ could be better spent elsewhere in the Town. John James, 661 Mountain Sunrise Place, stated that you have to step back when talking about spending over one-half million dollars. He asked that the Town pursue putting in a left-turn arrow at Hardy Road as it takes several lights to get through onto Oracle Road. He agreed that convenience was not the issue, but a safe way out was. He asked that the project not be "trashed" and that it be kept on the books someplace so it could be considered again sometime in the future. James Vaughn, 635 E Rancho Catalina Place, stated that when the area was annexed into the Town, people were promised that a good way to get onto Oracle Road would be provided. He also stated that there is an archery range in the area on Federal property but the only way to the range is through their 10/05/05 Minutes, Council Regular Session 15 neighborhood. He explained that the range is not currently opened but plans are being made to re-open it which will bring in more traffic than is being counted at this time. He stated that the neighborhood is mostly older people who have slower reaction times. He also commented that this was a safety issue and should be a priority as traffic will get worse as more development occurs. Mayor Loomis closed the floor for public comment. Council Member Dankwerth asked that the Town Engineer work with ADOT to get them to immediately lengthen the time on the green light at Hardy Road so more people can turn left onto Oracle Road (prior to requesting a left-turn signal.) MOTION: Council Member Gillaspie MOVED that Council direct the Town Engineer to contact ADOT to request that they increase the time for the light at Hardy Road to allow for more movement from Hardy Road onto Oracle Road and also to request that a left-turn signal be installed. Council Member Parish SECONDED the motion. Motion carried, 7 — 0. MOTION: Council Member Abbott MOVED that the Mountainside Drive Extension project be considered as a Capital Improvements Program (CIP) project. Council Member Carter SECONDED the motion. DISCUSSION: Council Member Abbott stated that many people have indicated that this extension would be done after annexation of the area. She stated that addressing it as a CIP item was appropriate. She stated that there would be more commercial development in the area and she was concerned that someone was going to lose their life. Council Member Parish commented that he was a big advocate for public safety, but he could not support this motion. He stated that traffic congestion is not an excuse for people to make poor decisions and cause car accidents. He stated that people have the ability to use the lighted intersections now. Council Member Dankwerth commented that the point was well made when the utility tax was denied in an earlier agenda item. She stated that this was a typical example of what is going to happen and she regretted that they can not do this. MOTION FAILED, 2 — 5, with Mayor Loomis and Council Members Culver, Dankwerth and Parish and Vice Mayor Gillaspie opposed. Mayor Loomis recessed the meeting at 10:00 p.m. The meeting resumed at 10:06 p.m. 9. REVIEW AND/OR POSSIBLE ACTION REGARDING DIRECTION TO TOWN MANAGER TO CONDUCT A FISCAL IMPACT AND FEASIBILITY STUDY OF SOUTHWEST PLANNING AREA 10/05/05 Minutes, Council Regular Session 16 Special Projects Coordinator Scott Nelson reported that this item was before the Town Council at the request of Vice Mayor Gillaspie and Council Member Parish. He explained that since the successful annexation of "Area B", the Town has received many informal requests from people in the southwest planning area (Overton Road to the north, Shannon Road to the west, Magee Road for the most part to the north, and La Cholla to the east.) He explained that the planning area is mostly residential property owners but it does include a commercial district. He stated that if it is the Council's desire, a feasibility study could be developed for the area within a few months. This study would in part be to conduct informal meetings with residents and businesses to determine what their community issues are and if there is any interest in being annexed into Oro Valley. Additionally, a fiscal impact analysis would be developed for Town Council's review. Mr. Nelson also reported that this area is in conformance with the Town's adopted General Plan and meets the criteria outlined in the Town's annexation policy for unincorporated lands. In response to a question from Vice Mayor Gillaspie regarding adding the Pima Community College Campus to the study, Mr. Nelson stated that the map was just a concept map and areas could be included or removed from the planning area per Council's direction. Council Member Parish stated that the request for a feasibility study was to find out if this was indeed a viable possibility before too much time was spent by staff and Council. Also, the Town needs to know the community's concerns and issues so we can figure out what the fiscal impacts to the Town would be. MOTION: Council Member Parish MOVED to DIRECT the Town Manager to conduct a feasibility study including the area consisting of the college campus and the YMCA at the southeast corner of the intersection of Shannon and Magee and to report the results of that study by the end of February, 2006. Council Member Dankwerth SECONDED the motion. DISCUSSION followed regarding: ■ Conduct a second analysis that would include the areas going all the way down Shannon to Ina Road. Identify what sectors want to be part of Oro Valley, look at infrastructure requirements, etc. ■ Full cost analysis would be completed to identify infrastructure costs, needs, improvements, and where monies would come from. ■ Need good grasp of impact of the area including traffic, crime, DUIs, etc. ■ Significant crime related issues in part of this area, especially west of the Foothills Mall. Traffic enforcement zone is directly in front of the Mall. (Council Member Parish offered to help Mr. Nelson coordinate available resources in Pima County for these types of issues.) MOTION CARRIED, 7 - 0 -10/05/05 Minutes, Council Regular Session 17 10. FUTURE AGENDA ITEMS Council Member Abbott - Update on intersection of La Cholla and Glover Road and bike path issue. Council Member Carter Traffic signals at Innovation Park Drive and Rancho Vistoso Boulevard. Council Member Abbott Soccer Field netting issue update. Vice Mayor Gillaspie - Economic Development Agreement policies - update on revision efforts. CALL TO AUDIENCE - No speakers. ADJOURNMENT MOTION: A MOTION was made by Council Member Dankwerth and SECONDED by Council Member Culver to adjourn at 10:20 p.m. Motion carried, 7 - 0. Respectfully submitted, Roxana Garrity, CMC Deputy Town Clerk I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular session of the Town of Oro Valley Council of Oro Valley, Arizona held on the 5th day of October 2005. I further certify that the meeting was duly called and held and that a quorum was present. Dated this day of , 2005. Kathryn E. Cuvelier, CMC Town Clerk B , . . r -i Cl) -i C� K0 -I0C/) C/l01Cn7) 5 0CnIC) -'I KKK073XXc) Cn 0 -n co m O 6 0 o rh• o r. o p 0 o a = o o ? 0 c a to• to < cn xi CD '. 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(O co N CA) CJ1 co co Co CA) co C1 V) co I Cn01 N CO - O C C3) %J CO CP CO 01 0 r' w acyi m CO cn cNn 0) co w c0 o c0 o U' rn Z Z > r r— _ > Z o nGI cn -11 o cp o n c_ • O CO CO -p CO 0 a) Cao N TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: November 16, 2005 TO: HONORABLE MAYOR & COUNCIL FROM: David L. Andrews, Assistant Town Manager SUBJECT: Consideration and Possible Approval of the Town's Finance and Bond Committee Report to Council for the Quarter Ended September 30, 2005. SUMMARY: On October 31, 2Y 005 the Town of Oro Valley's Finance and Bond Committee held its regular quarterly meeting.meetin . The Committee had several items on its agenda including: • Consideration and Recommendation Regarding Acceptance of the Town's Financial Audit for the Fiscal Year Ended June 30, 2005 • Comm ittee Appointment to the Capital Improvement Program Technical Advisory Committee pp p • The Review of Use of Town Proceeds from Long-Term Debt Service issuances • Financial status of the Town as of September 30, 2005 { The Committee moved to forward the Town's financial audit for Fiscal Year ended June 30, 2005 to the Town Council with a favorable recommendation. The Town Council will be presented the results of the audit at the December 7, 2005 Town Council meeting. The a followingisof the Finance Report for the Quarter ended September 30, 2005 which summary the Committee moved to recommend for Council acceptance. GENERAL FUND: Fiscal year-to-date revenue collections indicate that revenues will be above budget by $332K (1.5%) at fiscal end.ear The primary revenue sources contributing to this surplus are local sales taxes Y ($109K), residential building permits ($140K) and state sales taxes ($122K). (i:\BUDGET AN ALY ST\Financial Reports 2005-2006\1Q Finance Reports\FBC TO COUNCIL 1 1-16-05.doc TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 2 of 4 Local Sales Tax Collections collections are • Construction sales tax tracking below budget by $118K primarily because the it residential permits is annualizing at 52 permits (13.4%) below budget. issuance of single family • Retail sales tax collections are 8.8% higher for the same period last year. Based on the current trend retail collections will exceed budget by $163K. • Sales tax collections from restaurants and bars & hotel/motel are estimated to exceed budget by $55K in this fiscal year. • Local sales tax revenues include a line entitled "Reconciling Entry". This figure reconciles the Town's general ledger to the ADOR reporting system which uses the cash basis of accounting. The magnitude of the amount will lessen as the fiscal year proceeds. State Shared Revenues Total state shared revenues are expected to exceed budget by $124,000 (1.6%). State sales tax is timated to exceed budget by $122K. Residential Building Permits Residential building permit revenues are annualizing at $1,726K which exceeds budget by $216K. The actual average fee per permit collected to date is higher than the budgeted figure. Commercial Building Permits Commercial building permit revenues are estimated to not meet budget by $190K. This is primarily attributed to budgeted fees in this fiscal year of $636K were received in the prior fiscal year. The $810,000 figure is made up of the following components: VMSI Expansion $250,000 Oracle Crossing Retail Center 76,000 Vistoso Commerce Plaza 85,000 Steam Pump Village Retail Center 65,000 Splendido 84,000 Miscellaneous Commercial 250,000 Total Estimated $810,000 G:\BUDGFT T ANALYST\Financial Reports 2005-2006\1 Q Finance Reports\FBC TO COUNCIL 11-16-05.doc , TOWN OF ORO VALLEY rOUNCIL COMMUNICATION Page 3 of 4 Federal/State Grants Federal and state grants are estimated to meet budget. Charges for Services Primary revenue sourcescategory in this cate o include court costs, zoning and subdivision fees, parks and recreation user fees and grading radin fees. Total collections in this category are expected to exceed budget by $53K. HIGHWAY FUND: collections are 3.2% higher when compared to this time last year. Total HURF (gastax) tracking collections are estimated to exceed budget by $89K. Pima Association of Governments (PAG) grant revenues in the amount of $565K are expected to be received later in the fiscal year. PUBLIC TRANSPORTATION FUND: Revenues are expected to meet or slightly exceed budget in the Public Transportation fund. PAG funds will be received later in the fiscal year of the purchase of a transit van. IOWNWIDE ROADWAY DEVELOPMENT IMPACT FEES FUND: Development impact fee collections are estimated to not meet budget by $230K (21.8%). 440 single p p familyresidential buildingpermits were budgeted in fiscal year 2005/06 and 97 permits were issued during the first quarter of the fiscal year. This annualizes to 388 building permits by the end of the fiscal year. FIRST AVENUE BRIDGE AND WIDENING CONSTRUCTION FUNDS: PAG reimbursements of $2.9K for First Avenue Widening and $835K for First Avenue Bridge are expected to be received later in this fiscal year. ORO VALLEY WATER UTILITY: Revenues are estimated to exceed budget by $973K based on first quarter figures. • Water sales collected to date total $2.2M and are expected to exceed budget by $710K. • Water connection fees are estimated to exceed budget by $67K. (3:TUI)GET ANALYST%Financial Reports 2005-2006\IQ Finance Reports\FBC TO COUNCIL I 1-16-05.doc TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 4 of 4 BUDGET AND BOND COMMITTEE RECOMMENDATION: The Committee recommended the forwarding of its report to Council for the quarter ended September 30, 2005. ATTACHMENTS: 1. Finance Report for Quarter Ended September 30, 2005. 2. Agenda from Finance and Bond meeting October 31, 2005. 3. Draft Minutes from Finance and Bond meeting October 31, 2005. SUGGESTED MOTION: I move to accept the Finance Report for the Quarter Ended September 30, 2005. OR E move to... dityc_2(___) , David L. 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O C.) co C7 •r[ Cu.) .� 07 ' CO O -' N to t� _O _N �! _C) O co N) E ',.:1::, � V �-"Cc V V V ,� O pf O C0 O O 01 O a W O o -A► C) O O O O O CA) CD O O O CO O Town of Oro Valley GENERAL FUND Budget Compared to Actuals Report Through September 30, 2005 Year Completed 3 of 12 Months OR 25% 2005/2006 Y-T-D Difference Percentage of Total Budget Actuals Budget to Actuals Budget Completed REVENUES: local Taxes r $ 8,578,000 $ 718,796 $ 7,859,204 8.4% Licenses&Permits _ 2,705,000 564,858 2,140,142 20.9% Federal Grants 642,000 87,190 I 554,810 13.6% State Grants _ 108,500 4,838 103,662_ 4.5% State Shared 7,920,000 a 1,647,158 6,272,842 20.8% Other Intergovernmental 662,606 - 662,606 0.0% 9 Charges for Services 703,400 233,955 469,445 33.3% Fines 187,000 52,476 134,524 28.1% Interest Earnings 200,000 43,428 156,572 21.7% g Miscellaneous 135,000 8,312 126,688 6.2% Fund Balance Carryforward 9,977,047 - 9,977,047 $ TOTAL REVENUES 31,818,553+ $ 3,361,011 $ 28,457,542 15.4% , EXPENDITURES: Town Council $ 216,509 $ 53,075 $ 163,434 24.5% Town Clerk 414,743 57,077 357,666 13.8% Magistrate Court 613,886 1 123,642 490,244 20.1% Town Manager586,011 100,336 485,675 17.1% Human Resources . 267,364 69,197 198,167 25.9% conomic Development 689,956 35,119 654,837 5.1% r=inance960,255 101,708 1 858,548 10.6% Information Technology 602,383 121,545 480,838 20.2% Legal 839,615 132,405 707,210 15.8% Community Development Administration 451,971 150,436 301,535 33.3% Planning&Zoning 831,498 154,499 676,999 18.6% Parks&Recreation 1,638,102 397,421 1,240,681 24.3% Library Services 1,210,679 144,994 1,065,685 12.0% Police 10,027,009 2,148,468 7,878,541 21.4% Police-Grant Contingency 275,500 - 275,500 0.0% Building Safety 1,275,274 280,628 994,646 22.0% Public Works 345,247 69,154 276,093 20.0% Custodial&Facility Maintenance 164,077 30,534 133,543 18.6% General Administration: 1,836,069_ 1,331,266 504,803 72.5% Contingency8,572,405 8,572,405 TOTAL EXPENDITURES $ 31,818,553 $ 5,501,505 $ 26,317,048 23.7% • REVENUES LESS EXPENDITURES $ (2,140,494) UNENCUMBERED BALANCE AT JULY 1, 2005* $ 10,757,147 CURRENT FUND BALANCE ' $ 8,616,653 *Pre-Audit Figure G:\BUDGET ANALYST\Financial Reports 2005-2006\1Q Finance Reports\September 2005-2006 FINANCE REPORT(version 1).xls , Town of Oro Valley HIGHWAY REVENUE FUND Budget Compared to Actuals Report Through September 30, 2005 Year Completed 3 of 12 Months OR 25% 2005/2006 Y-T-D Difference Percentage of Total Budget Actuals _ Budget to Actuals Budget Completed REVENUES: _ Local Sales Tax $ 1,391,000 $ 344,608 $ 1,046,392 24.8% Licenses&Permits 21,000 15,199 1 5,801 72.4% PAG Reimbursements 565,000_ - 565,000 0.0% State Shared Fuel Tax 2,761,000 440,972 2,320,028 16.0% Charges for Service 2,000+ 8,870 (6,870) 443.5% interest Income 20,000 15,249 4,751 76.2% Miscellaneous 1,000 7,647 (6,647) 764.7% Fund Balance Carryforward 2,633,643 2,633,643 0.0% TOTAL REVENUES $ 7,394,643 $ 832,545 $ 6,562,098 17.5% EXPENDITURES: Personnel $ 1,603,393 $ 295,951 $ 1,307,442 ° Operations&Maintenance 969,065 295,342 673,723 C30.5% Capital Outlay 2,983,865 291,848 2,692,017 ° Contingency 1,838,320 - 1,838,320 0.0% TOTAL EXPENDITURES $ 7,394,643 $ 883,141 $ 6,511,502 15.9% REVENUE LESS EXPENDITURES $ (50,596) UNENCUMBERED BALANCE AT JULY 1, 2005* $ 3,283,663 CURRENT FUND BALANCE $ 3,233,067 *Pre-Audit Figure , G:\BUDGET ANALYST\Financial Reports 2005-2006\1 Q Finance Reports\September 2005-2006 FINANCE REPORT(version 1).xls Town of Oro Valley PUBLIC TRANSPORTATION FUND Budget Compared to Actuals Report Through September 30, 2005 Year Completed 3 of 12 Months OR 25% , 2005/2006 Y-T-D Difference Percentage of Total Budget Actuals Budget to Actuals Budget Completed REVENUES: Federal& State Grants $ 128,160 $ 128,160 0% Local Transportation Assistance Funds 190,000 26,056 163,944 14% Charges for Services _ 33,500 8,120 25,380_ 24% Interest Income2,000 1,118 882 56% Transfer from General Fund 165,562 _ 165,562 - 100% Fund Balance Carryforward 61,658_ - 61,658 0% TOTAL REVENUES 1 $ 580,880 $ 200,857 $ 380,023 38.7% 'EXPENDITURES: Personnel $ 322,282 $ 59,054 $ 263,228 18% Operations&Maintenance 138,598 25,214 113,384 18% Vehicles 120,000 120,000 0% Contingency Fund - - 0% TOTAL EXPENDITURES $ 580,880 $ 84,268 $ 496,612 14.5% REVENUE LESS EXPENDITURES $ 116,588 UNENCUMBERED FUND BALANCE AT JULY 1, 2005* $ 82,044 CURRENT FUND BALANCE $ 198,632+ L *Pre-Audit Figure G:\BUDGET ANALYST\Financial Reports 2005-2006\1 Q Finance Reports\September 2005-2006 FINANCE REPORT(version 1).xls , Town of Oro Valley TOWNWIDE ROADWAY DEVELOPMENT IMPACT FEES FUND Budget Compared to Actuals Report Through September 30,2005 Year Completed 3 of 12 Months OR 25% 2005/2006 Y-T-D Difference Percentage of Total Budget Actuals Budget to Actuals Budget Completed REVENUES: PAG Reimbursements $ - $ 51,500 $ (51,500) 100.0% Development Impact Fees 1,285,000 263,857 1,021,143 20.5% Interest Income - 10,777 (10,777) 100.0% Miscellaneous 5,000 5,000 0.0% Fund Balance Carryforward 2,993,476 2,993,476 0.0% TOTAL REVENUES $ 4,283,476 $ 326,134 $ 3,957,342 25.3% EXPENDITURES: Personnel $ 377,391 $ 88,249 $ 289,142 23.4% Operations& Maintenance 108,600 10,546 98,054 9.7% Capital Improvements 1,194,515 211,201 983,314 17.7% Debt Service 784,657 783,390 1,267 99.8% Transfer to Capital Projects 1,325,000 - 1,325,000 0.0% Contingency 493,313 493,313 0.0% TOTAL EXPENDITURES $ 4,283,476 $ 1,093,385 $ 3,190,091 25.5% REVENUE LESS S $ (767,252) UNENCUMBERED BALANCE AT JULY 1,2005* A $ 4,144,130 CURRENT FUND BALANCE $ 3,376,879 *Pre-Audit Figure G:\BUDGET ANALYST\Financial Reports 2005-2006\1Q Finance Reports\September 2005-2006 FINANCE REPORT(version 1).xls • Town of Oro Valley ORO VALLEY WATER UTILITY Budgeted Income Statement Through September 30, 2005 Year Completed 3 of 12 Months OR 25% 2005/2006 Y-T-D Difference Percentage of Total Budget Actuals Budget to Actuals Budget Completed OPERATING REVENUES: Water Revenues $ 9,307,000 $ 2,242,592 $ 7,064,408 24.1% Service Charges& Meter Income&Miscellaneous 1,083,162 253,659 829,503 23.4% TOTAL REVENUES $ 10,390,162 $ 2,496,251 $ 7,893,911 24.0% OPERATING EXPENSES: Personnel $ 1,902,477 $ 388,292 $ 1,514,185 25.6% Depreciation&Amortization 2,165,285 507,872 1,657,413 30.6% Operations&Maintenance 3,693,248 1,088,780 2,604,468 41.8% • TOTAL OPERATING EXPENSES $ 7,761,010 $ 1,984,944 $ 5,776,066 25.6% OPERATING INCOME $ 511,307 NON-OPERATING REVENUES(EXPENSES) Water Connection Fees $ 967,560 $ 258,719 $ 708,841 26.7% Alternative Water Impact Fees 132,000 42,000 90,000 31.8% Interest Income 250,000 71,845 178,155 28.7% Interest Expense (2,888,225) (847,677) (2,040,548) 29.3% TOTAL NON-OPERATING REVENUES (EXPENSES) $ 4,237,785 $ (475,113) $ 3,017,544 28.8% NET INCOME - $ 36,193 - RETAINED EARNINGS AT July 1,2005* $ 18,727,555 CURRENT RETAIINED EARNINGS $ 18,763,748 *Pre-Audit Figure G:\BUDGET ANALYST\Financial Reports 2005-2006\1Q Finance Reports\September 2005-2006 FINANCE REPORT(version 1).xls Town of Oro Valley ORO VALLEY WATER UTILITY Capital Budget Through September 30, 2005 Year Completed 3 of 12 Months OR 25% 2005/2006 Y-T-D Difference Percentage of Total Budget Actuals Budget to Actual Budget Completed CAPITAL BUDGET Reclaimed Reclaimed Water Booster Stations $ 420,000 $ 153,225 $ 266,775 36.5% Reclaimed Water-Mains 700,000 69,735 630,265 10.0% Recaimed Water-Reservoirs - 244,554 (244,554) 100.0% Subotal Reclaimed $ 1,120,000 $ 467,514 $ 652,486 41.7% All Other Minor Assets $ 19,900 $ 5,911 $ 13,989_ 29.7% Meters 102,000 33,971 68,029 33.3% Wells 1,275,000 151,518 1,123,482 11.9% Booster Stations 600,000 139,122 460,878 23.2% Transmission/Distribution Main 2,213,000 111,100 2,101,901 5.0% Reserviors 1,000,000 - 1,000,000 0.0% Vehicles 80,000 - 80,000 0.0% Equipment 13,200 7,064 6,136 53.5% Security Equipment 200,000 1,179 198,821 0.6% Hydrants 75,000 - 75,000 0.0% CAP Water Rights 1,876,705 - 1,876,705 0.0% Subtotal All Other $ 7,454,805• $ 449,865 $ 7,004,940 6.0% TOTAL CAPITAL BUDGET $ 8,574,805 $ 917,379 $ 7,657,426 10.7% G:\BUDGET ANALYST\Financial Reports 2005-2006\1Q Finance Reports\September 2005-2006 FINANCE REPORT(version 1).xls . F Town of Oro Valley CAPTIAL IMPROVEMENTS r All Funds Through September 30, 2005 Year Completed 3 of 12 Months OR 25% Annual Expenditure YTD Remaining Budget Expenditures Balance PROJECT Roadway Projects: F Oracle Road Construction $ 2,473,952 ,-$ 820,304 $ 1,653,648 First Avenue Widening 3,200,000 - 3,200,000 La Canada Drive Extension _ 225,000 . 2,431 222,569 First Avenue Bridge Construction 835,000 698,816 136,184 Pusch View/Lambert Lane Ext. 2,269,664 469,825 1,799,839 CDO Linear Park 300,089+ 9,092 290,997 Subtotal Townwide Dev.Imp.Fees Fund $ 9,303,705 $ 2,000,467 $ 7,303,238 Pima County Bond Projects: Steam Pump Acquisition $ 2,000,000 + $ 9,000 $ 1,991,000 Honey Bee Village 1,000,000 - 1,000,000 Naranja Town Site 3,000,000 _ - 3,000,000 Library Construction Fund 733,000 269,399 463,601 Subtotal Pima County Bond Projects $ 6,733,000 $ 278,399 $ 6,454,601 Total $ 16,036,705 $ 2,278,866 $ 13,757,839 G:\BUDGET ANALYST\Financial Reports 2005-2006\1 Q Finance Reports\September 2005-2006 FINANCE REPORT(version 1).xls • AGENDA Town of Oro Valley Finance and Bond Committee Regular Meeting Hopi Conference Room 11,000 N. La Canada Drive Oro Valley, Arizona Monday, October 31, 2005 6:00 p.m. Regular Meeting Call to Order—6:00 p.m. Roll Call Call to Audience 1. Approval of Minutes from the August 29, 2005 Meeting 2. Consideration and Recommendation Regarding Acceptance of Town's Financial Audit for the Fiscal Year Ended June 30, 2005 3. Committee Appointment to Capital Improvement Program Technical Advisory Committee 4. Review of Town Use of Proceeds from Long-Term Debt Issuances: a. Oracle Road Improvement District b. Municipal Property Corporation Senior Lien Water Project Revenue Bonds, Series 2003 c. Excise Tax Revenue Obligations, Series 2005 5. Quarter Ended September 30, 2005 Budget to Actual Review of Town Revenues and Expenditures/Expenses 6. Committee Update Regarding Utility Sales Tax 7. Committee Members/Council Member Liaison Reports Adjournment The Town of Oro Valley complies with the Americans with Disabilities Act(ADA). If any person with a disability needs any type of accommodation, please notify the clerk's office at 229-4700. "Notice of Possible Quorum of the Oro Valley Town Council: In accordance with Chapter 3, Title 38, Arizona Revised Statutes and Section 2-4-2 of the Oro Valley Town Code, a majority of the Town Council may attend the above referenced meeting as a member of the audience only." • DRAFT MINUTES TOWN OF ORO VALLEY FINANCE AND BOND COMMITTEE REGULAR MEETING HOPI ROOM DEVELOPMENT SERVICES BUILDING 11,000 N. LA CANADA DRIVE ORO VALLEY, ARIZONA MONDAY, OCTOBER 31, 2005 6:00 P.M. CALL TO ORDER—6:00 P.M. PRESENT: Lyra Done, Chair Tony Eichorn, Vice-Chair Sarah Frost, Member Aaron Fisher, Member(excused at 6:34 p.m.) STAFF PRESENT: David Andrews, Assistant Town Manager Mary Rallis, Accounting Supervisor Wendy Gilden, Management &Budget Analyst Danielle Tanner, Senior Office Specialist ALSO PRESENT: Helen Dankwerth, Town Council Member Dennis Osuch, Partner, Cronstrom &Trbovich and Osuch CALL TO AUDIENCE 1. APPROVAL OF MINUTES FROM THE AUGUST 29, 2005 MEETING Chair Done suggested that the word"autographed"be added to the description of the book she distributed at the last meeting. MOTION: Vice-Chair Eichorn MOVED to approve the minutes from the August 29, 2005 meeting. Member Fisher SECONDED the motion. Motion carried, 4-0. 2. CONSIDERATION AND RECOMMENDATION REGARDING ACCEPTANCE OF TOWN'S FINANCIAL AUDIT FOR THE FISCAL YEAR ENDED JUNE 30, 2005 Mr. Osuch discussed the following: • There was no management letter this year so there were no findings. • The first report that they will issue is the Annual Expenditure Limitation Report. The Town is below the annual expenditure limitation. They are issuing an unqualified opinion and it will go to the State Auditor General. F:\MINUTES\FINANCE AND BOND\2005\10-3 1-05 Meeting.doc • 11/02/2005 MINUTES, FINANCE AND BOND REGULAR MEETING 3 Chair Done stated that the Committee should revisit the projections as soon as the General Plan election is over. Mr. Andrews stated that staff will begin work on the long term projections when the new Finance Director arrives. MOTION: With regard to the quarterly review of proceeds from long-term debt issuances, Member Frost MOVED to forward the report to the Town Council with a favorable recommendation for Council acceptance. Vice-Chair Eichorn SECONDED the motion. Motion carried, 4-0. 5. QUARTER ENDED SEPTEMBER 30, 2005 BUDGET TO ACTUAL REVIEW OF TOWN REVENUES AND EXPENDITURES/EXPENSES Mr. Andrews reported that we closed the first quarter on September 30th. Typically there is not a lot of data from this report but due to the Town's revenue issues, staff did a projection for this fiscal year end for all of the major funds. Ms. Rallis reviewed the following: • General Fund • Local sales tax collections including construction tax and retail sales tax, tax collections on restaurants and bars, hotel/motel sales tax revenues. • State shared revenues • Residential building permits • Commercial building permits • Highway Fund • Public Transportation Fund • Townwide Roadway Development Impact Fees Fund—Council Member Dankwerth stated that Tucson raised their fees and she asked if the Town should look into this. She suggested that staff prepare a presentation for Council consideration. She asked that this item be on the agenda for the next Committee meeting. Chair Done concurred. • Oro Valley Water Utility Chair Done stated that operations and maintenance expenditures for the Highway Revenue Fund are about 5.5% above the 25% that should have been spent in the first quarter. She asked about factors relating to this. Mr. Andrews stated that staff will research this item further. MOTION: Member Frost MOVED to recommend Council acceptance of the first quarter financial status report. Vice-Chair Eichorn SECONDED the motion. Motion carried, 3-0. 6. COMMITTEE UPDATE REGARDING UTILITY SALES TAX Chair Done explained that on October 5th, the Town Council denied the Committee's recommendation of implementation of the utility sales tax. She stated that the Town will have to make up the $1.9M estimated income from the tax. Council Member Dankwerth stated that the evening of October 5th, the Council also discussed the fact that the Judge had sent the Vestar SOVOG appeal. There were many people speaking F:\MINUTES\FINANCE AND BOND\2005\10-31-05 Meeting.doc 3 . 11/02/2005 MINUTES, FINANCE AND BOND REGULAR MEETING 4 against the utility sales tax. She stated that she would like to resubmit the idea or talk about increase in sales tax revenue which would collect an equivalent amount of money. Chair Done stated that under Fitches ratings it says that Town leadership will likely consider changes in the local sales tax exemptions. Council Member Dankwerth stated that it could be done on goods and services other than life support and medical services. Chair Done stated that it also says that the Town has covenanted that it will raise sales tax rates or institute new sales taxes to maintain a two times coverage if necessary. Council Member Dankwerth stated that the Council may not fully understand this issue. Member Frost suggested getting the community more involved. Mr. Andrews agreed with this but stated that direction from Council is needed. 7. COMMITTEE MEMBERS/COUNCIL MEMBER LIASON REPORTS Member Frost asked to revisit the topic of the research being done regarding new businesses. Mr. Andrews stated that Jeff Weir could attend a future meeting and give a presentation. He stated that he would ask any Department Head to attend a meeting at the Committee's request. Chair Done suggested that the Public Works Director attend a future meeting to discuss the use of the allocation of the 2% construction tax. The Committee agreed that there seems to be no reason to have a meeting in November or December this year. ADJOURNMENT MOTION: Vice-Chair Eichorn MOVED to ADJOURN the meeting at 7:09 p.m. Member Frost SECONDED the motion. Motion carried, 3-0. Respectfully submitted, Danielle Tanner Senior Office Specialist F:\MINUTES\FINANCE AND BOND\2005\10-31-05 Meeting.doc 4 TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: NOVEMBER 16, 2005 TO: HONORABLE MAYOR AND COUNCIL FROM: Daniel G. Sharp, Chief of Police SUBJECT: Resolution No. (R) 05-111 Intergovernmental Agreement— AZ Department of Public Safety (DPS) for Use of Office Space at the Oro Valley Police Department Substation at 8001 N. Oracle Road. SUMMARY: Request is to enter into an IGA(Intergovernmental Agreement)with the Arizona Department of Public Safety(DPS)for use of office space and common areas at 8001 N. Oracle Road where the Oro Valley Police Department currently leases space. DPS will be provided with a workspace and will have access to the substation facilities for law enforcement purposes only. FISCAL IMPACT: FY 05 /06=None ATTACHMENTS: 1) Resolution No. (R) 05 -111 2) Two copies of the Intergovernmental Agreement with AZ Department of Public Safety for Use of Office Space at 8001 N. Oracle. RECOMMENDATIONS: Acceptance is recommended. SUGGESTED MOTION: I move that Resolution No. (R) 05 -111 be adopted. Itow 4111i ani l G. S arp, C of Po ../ait:::11 , Charles F. Sweet, Town 1 anager RESOLUTION NO. (R) 05- 111 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, "''' ARIZONA, AUTHORIZING AND APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN AND ARIZONA DEPARTMENT OF PUBLIC SAFETY (DPS) FOR USE OF OFFICE SPACE AT THE ORO VALLEY POLICE DEPARTMENT SUBSTATION LOCATED AT 8001 N. ORACLE. WHEREAS, p ursuant to Arizona Revised Statutes (A.R.S.) § 11-952,the Town of Oro Valley is authorized to enter into Intergovernmental Agreements with other public entities; and WHEREAS, pursuant to A.R.S. §§ 11-952 and 41-1713B.3, DPS is authorized to enter into Intergovernmental Agreements with other public entities; and WHEREAS, the Town of Oro Valley leases space located at 8001 N. Oracle Road for use of the Oro Valley Police Department; and WHEREAS, DPS desires to usep art of this office space and have use of common areas within the leased space at 8001 N. Oracle Road in conjunction with TOV operations; and WHEREAS, it is in the best interest of the Town to enter into the IGA, attached hereto as Exhibit "A" and incorporated herein by this 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 Now THE TOWN OF ORO VALLEY,ARIZONA AS FOLLOWS: 1. That the Intergovernmental Agreement attached hereto as Exhibit"A"between the Town of Oro Valley and Arizona Department of Public Safety for the use of office space at 8001 N. Oracle Road is hereby approved. 2. That the Mayor of the Town of Oro Valley, and all necessary administrative officials and employees are hereby directed and authorized to take such steps as necessary to execute and implement the terms of the Intergovernmental Agreement. PASS AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona, this 16TH day of NOVEMBER 2005. TOWN OF ORO VALLEY, ARIZONA Paul H. Loomis, Mayor ATTEST: APPROVED AS TO FORM: Kathryn E. Cuvelier, Town Clerk Melinda Garrahan, Town Attorney EXHIBIT A INTERGOVERNMENTAL AGREEMENT (IGA) ti. INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN THE TOWN OF ORO VALLEY AND THE ARIZONA DEPARTMENT OF PUBLIC SAFETY This Intergovernmental Agreement ("IGA") is entered into this day of 2005, between the Town of Oro Valley, a municipal corporation, hereinafter referred to as the "Town", and the Arizona Department of Public Safety, hereinafter referred to as "DPS". RECITALS WHEREAS, p ursuant to A.R.S. §11-952, the Town is authorized to enter into Intergovernmental Agreements with other public entities; and WHEREAS, pursuant to A.R.S. §§ 11-952 and 41-1713B.3, DPS is authorized to enter into Intergovernmental Agreements with other public entities; and WHEREAS, the Town leases space located at 8001 N. Oracle Road for use of the Oro Valley Department;De artment; and WHEREAS, DPS desires to use part of this office space and have use of common areas within the leased space at 8001 N. Oracle Road in conjunction with TOV operations. AGREEMENT Thep urpose of this Intergovernmental Agreement is to set forth in writing the Agreement between the Town and DPS for use of office space and common areas at 8001 N. Oracle Road. TERM 1. The Agreement shall be effective upon execution of this Agreement. This Agreement may be renewed automatically at the beginning of the Town's fiscal year, July 1. 2. Either party may terminate this Agreement upon ninety (90) days written notice. DUTIES OF DPS 1. DPS will be provided with a workspace and will have access to the substation facilities for law enforcement purposes only. DUTIES OF TOWN 1. The Town shall pay the lease rent,telephone service, all utilities, water and custodial services. INDEMNIFICATION Each Party agrees to indemnify, defend and hold harmless the other party and its officers, employees, and elected or appointed officials from and against any and all claims, losses, liability, costs or expenses, including reasonable attorney's fees (collectively referred to as "Claims") arising out of bodily injury of any person (including death) or property damages but only to the extent that such claims are caused by the negligence, misconduct, intentional act or other fault of the party, its officers, employees, contractors, elected or appointed officials. The amount and type of insurance coverage requirements set forth in the Insurance section will in no way be construed as limiting the scope of indemnity in this paragraph. CONFLICT OF INTEREST This Agreement 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 Nor itspolitical subdivisions, or anyof the departments or agencies of either if any by the state, p person significantly involved in initiating, negotiating, securing, drafting or creating the Agreement on behalf of the state, its political subdivisions or any of the departments or agencies of either is, at any time, while the Agreement or any extension of the Agreement is in effect, an employee or agent of any other party to the Agreement in any capacity to the Agreement with respect to the subject matter of the Agreement. NOTICES Any notice required or permitted to be given pursuant to this Agreement shall be in writing and shall be served by certified mail upon the other party. When served by certified mail service shall be conclusively deemed made five (5) days after posting thereof in the United States mail, postage prepaid, addressed to the party to whom such notice is to be given as hereinafter provided. A. Notice to DPS shall be in duplicate, addressed and mailed as follows: Arizona Department of Public Safety Facilities Management, MD 1220 P.O. Box 6638 Phoenix, Arizona 85005-6638 kimr F:\Agmts&Contracts\I G A\OVPD\DPS.doc 2 Town of Oro Valley Attorney's Office/cm/091505 B. Notice to the Town shall be in duplicate, addressed, and mailed as follows: Danny Sharp, Chief of Police Chief of Police Town of Oro Valley 11000 N. La Canada Drive Oro Valley,Arizona 85737 CC: Melinda Garrahan Town Attorney 11000 La Canada Drive Oro Valley,Arizona 85737 ENTIRE AGREEMENT This document 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. This IGA shall not be modified, amended, altered or extended except through a written amendment signed by the parties and recorded with the Pima County Recorder, or Arizona Secretary of State, whichever is appropriate. IN WITNESS WHEREOF the parties, by their respective officers duly authorized, have executed this Agreement. TOWN OF ORO VALLEY ARIZONA DEPARTMENT OF PUBLIC SAFETY Paul H. Loomis, Mayor Name, Title Date: Date: ATTEST: ATTEST: Kathryn Cuvelier, Town Clerk Name, Title 4111W F:\Agmts&Contracts\l G A\OVPD\DPS.doc 3 Town of Oro Valley Attorney's Office/cia/09l 505 The foregoing Intergovernmental Agreement the Arizona Department of Public Safety g g of Oro Valleythereto has been reviewed pursuant to A.R.S. § 11-952 by the and the Town 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. Garrahan, Town Attorney Assistant Attorney General Date: Date: Nlior F:\Agmts&Contracts\l G A\OVPD\DPS.doc 4 Town of Oro Valley Attorney's Office/cia/09I 505 INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN THE TOWN OF ORO VALLEY AND THE ARIZONA DEPARTMENT OF PUBLIC SAFETY This Intergovernmental Agreement ("IGA") is entered into this day of 2005, between the Town of Oro Valley, a municipal corporation, hereinafter referred to as the "Town", and the Arizona Department of Public Safety, hereinafter referred to as "DPS". RECITALS WHEREAS, p ursuant to A.R.S. §11-952, the Town is authorized to enter into Intergovernmental Agreements with other public entities; and WHEREAS, p ursuant to A.R.S. §§ 11-952 and 41-1713B.3, DPS is authorized to enter into Intergovernmental Agreements with other public entities; and WHEREAS, the Town leases space located at 8001 N. Oracle Road for use of the Oro kkilw Valley Police Department; and WHEREAS, DPS desires to use part of this office space and have use of common areas within the leased space at 8001 N. Oracle Road in conjunction with TOV operations. AGREEMENT Thep �u ose of this Intergovernmental Agreement is to set forth in writing the Agreement between the Town and DPS for use of office space and common areas at 8001 N. Oracle Road. TERM 1. The Agreement shall be effective upon execution of this Agreement. This g Agreement may be renewed automatically at the beginning of the Town's fiscal year, July 1. 2. Either party may terminate this Agreement upon ninety (90) days written notice. DUTIES OF DPS 1. DPS will be provided with a workspace and will have access to the substation facilities for law enforcement purposes only. DUTIES OF TOWN 1. The Town shall pay the lease rent, telephone service, all utilities, water and custodial services. INDEMNIFICATION Each Party agrees rees to indemnify, defend and hold harmless the other party and its officers, employees,to ees, and elected or appointed officials from and against any and all claims, losses, liability, costs or expenses, including reasonable attorney's fees (collectively referred to as "Claims") arising out of bodily injury of any person (including death) or property damages but only to the extent that such claims are caused by the negligence, misconduct, intentional act or other fault of the party, its officers, employees, contractors, elected or appointed officials. The amount and type of insurance coverage requirements set forth in the Insurance section will in no way be construed as limiting the scope of indemnity in this paragraph. CONFLICT OF INTEREST This Agreement is subject to the provisions of A.R.S. § 38-511 which provides in pertinentpart art that the state, its political subdivisions or any department of either may, within Star threeY ears after its execution, cancel any contract, without penalty or further obligation, made ' ' or anyof the departments or agencies of either if any by the state, its political subdivisions, p g person significantly involved in initiating, negotiating, securing, drafting or creating the Agreement on behalf of the state, its political subdivisions or any of the departments or agencies of either is, at any time, while the Agreement or any extension of the Agreement is in effect, an employee or agent of any other party to the Agreement in any capacity to the Agreement with respect to the subject matter of the Agreement. NOTICES Any notice required or permitted to be given pursuant to this Agreement shall be in writing and shall be served by certified mail upon the other party. When served by certified mail service shall be conclusively deemed made five (5) days after posting thereof in the United States mail, postage prepaid, addressed to the party to whom such notice is to be given as hereinafter provided. A. Notice to DPS shall be in duplicate, addressed and mailed as follows: Arizona Department of Public Safety Facilities Management, MD 1220 P.O. Box 6638 Phoenix, Arizona 85005-663 8 F:\Agmts&Contracts\)G A\OVPD\DPS.doc 2 Town of Oro Valley Attorney's Office/cia/091505 B. Notice to the Town shall be in duplicate, addressed, and mailed as follows: Danny Sharp, Chief of Police Chief of Police Town of Oro Valley 11000 N. La Canada Drive Oro Valley, Arizona 85737 CC: Melinda Garrahan Town Attorney 11000 La Canada Drive Oro Valley, Arizona 85737 ENTIRE AGREEMENT This document 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. This IGA shall not be modified, amended, altered or extended except through a written amendment signed by the parties and recorded with the Pima County Recorder, or Arizona Secretary of State, whichever is appropriate. IN WITNESS WHEREOF the parties, by their respective officers duly authorized, have executed this Agreement. TOWN OF ORO VALLEY ARIZONA DEPARTMENT OF PUBLIC SAFETY Paul H. Loomis, Mayor Name, Title Date: Date: ATTEST: ATTEST: Kathryn Cuvelier, Town Clerk Name, Title F:\Agmts&Contracts\)G A\OVPD\DPS.doc 3 Town of Oro Valley Anorney's Office/cia/091505 The foregoing Intergovernmental Agreement the Arizona Department of Public Safety 'tkiiso• and the Town of Oro Valley thereto has been reviewed pursuant to A.R.S. § 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. Melinda Garrahan, Town Attorney Assistant Attorney General Date: Date: tillirr F:\Agmts 8 Contracts\I G A\OVPD\DPS.doc 4 Town of Oro Valley Attorney's Ofliice/cia/091505 r LEYA O ,, O rti Off- 2 4 Dov A41 NDED Office of the Town Attorney Memo To: Chief Sharp,Oro Valley Police Depart • t From: Joseph Andrews,Chief Civil Deputy 4 Date: September 19 2005 Re: IGA between DPS and TOV for space at 8001 N. Oracle Road The Legal Department has re-drafted the IGA between DPS and TOV for DPS using a portion of the Police Department's satellite space at 8001 N. Oracle Road. We are approving as to form and returning it to you this date for your inclusion with a Council Communication to Council. Please call if you have any questions. CIA/ca Attachment E TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: November 16, 2005 TO: HONORABLE MAYOR & COUNCIL FROM: Lory Warren, Acting Operations Division Manager SUBJECT: Resolution (R) 05- 112 a resolution authorizing the execution of an Intergovernmental Agreement (IGA) with the Pima County Regional Flood Control District (PCRFCD) for three urban drainage infrastructure improvement projects located at Highlands Wash, Oro Valley Country Club, and Pistachio Avenue/Poinsettia Drive SUMMARY: Department of Public Works staff has previously negotiated with Pima County Regional Flood Control District (PCRFCD) staff to receive funding for three flood control projects here in the Town of Oro Valley. Under the terms of the proposed Intergovernmental Agreement (IGA) attached hereto, the PCRFCD will provide up to $992,000 in Tax Levy Funds for permitting, design and construction of the projects. The projects include Highlands Wash at Lambert Lane, Oro Valley Country Club, and Pistachio Avenue/Poinsettia Drive area in the Monte del Oro Subdivision. The Highlands Wash project includes construction of a box culvert under Lambert Lane at Highlands Wash and construction of a drainage channel to contain the Highlands Wash from Lambert Lane south to the Canada del Oro Wash. This project has been designed and is currently going through the environmental permitting stage. The Oro Valley Country Club project includes the completion of design and subsequent construction of flood control facilities to minimize flooding to residential property and streets in the Oro Valley Country Club area. This project was originally identified in the Town Wide Drainage Study completed in 2001. The PCRFCD previously funded a study and 15% design for this project. The study and 15% design were completed in November 2004. Pistachio Avenue/Poinsettia Drive area project is located in the Monte del Oro Subdivision and is for the design, environmental permitting and construction of flood control facilities. The project will minimize flooding to residential property, Pistachio Avenue and Poinsettia Drive within the Monte del Oro Subdivision. This project was originally identified in the Town Wide Drainage Study completed in 2001. The Mayor and Council adopted Resolution (R) 05-41 in February 2005. The Intergovernmental Agreement (IGA) was sent to Pima County Board of Supervisor's for their approval. In September they signed the IGA with the inclusion of a new paragraph: 3.5 stating: "District funds are not to be used for administrative costs, and engineering is limited to 10 percent of the actual construction cost. Further, construction engineering is limited to 15 percent of actual construction costs. ATTACHMENTS. 1. Resolution (R) 05- 112 & COPY OF REVISED INTERGOVERNMENTAL AGREEMENT 2. Resolution (R) 05-41 3. Cnnv of Original Intergovernmental Agreement FISCAL IMPACT: The PCRFCD will reimburse the Town of Oro Valley up to $992,000 to complete drainage improvements at three locations within the Town's boundaries. This amount is expected to cover the entire cost for all the projects. FACTORS FOR: The Pima County Regional Flood Control District will provide funding for three much needed flood control projects. FACTORS AGAINST: None SUGGESTED MOTION: The Town Council may wish to consider one of the following motion: I move to approve Resolution (R) 05 - 112 authorizing the Mayor to accept the IGA with the PCDFCD which provides up to $992,000.00 for drainage infrastructure improvement at three project areas within Town boundaries. Or I move to deny Resolution (R) 05- 112 Or I move to • Lory , Ac ' g Opera '2 ns Divis'•n Manager ._ itO Craig Ci-alier, Acting Town Engineer s ,,,,,,,,,, L„,„/ David Andrews, Assistant Town Manager (9 livid_ .1.w #lif- - Chuck Sweet, Town Manager RESOLUTION NO. (R) 05- 112 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, AUTHORIZING AND APPROVING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT (IGA) BETWEEN THE TOWN OF ORO VALLEY AND THE PIMA COUNTY REGIONAL FLOOD CONTROL DISTRICT (PCRFCD) FOR PLANNING, DESIGN, AND CONSTRUCTION OF THREE URBAN DRAINAGE INFRASTRUCTURE IMPROVEMENT PROJECTS. WHEREAS, The Town of Oro Valley is authorized by Arizona Revised Statutes (A.R.S) 48-572 (S) to order construction, reconstruction, or acquisition of waterworks, ditches, canals, channels, together with the necessary or usual appurtenances for carrying storm water in, under, over, or through any land or right of way of the municipality; and WHEREAS, the Pima County Regional Flood Control District is authorized by A.R.S. 48-3606 (C) (3) to contract and join with any other flood control district, municipality, political subdivision, or governmental agency in acquiring, constructing, maintaining, and operating flood control works; and WHEREAS, pursuant to A.R.S. 11-952; which allows the Town of Oro Valley and the PCRFCD to enter into this IGA, the PCRFCD wishes to contribute their funds to the Town for planning, design, and construction of three flood control/drainage improvement projects that include The Highlands Wash at Lambert Lane, The Oro Valley Country Club, and Pistachio Avenue/Poinsettia Drive area within the Monte Del Oro Subdivision; and WHEREAS, the TOWN COUNCIL deems it necessary in the interest of providing for health, safety and welfare of the citizens of the TOWN OF ORO VALLEY to enter into an IGA with the PCRFCD for the planning, design, and construction of the three aforementioned drainage improvements. THEREFORE, BE IT RESOLVED, BY THE MAYOR AND THE TOWN COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA: That the Mayor is authorized to execute the IGA on behalf of the Town of Oro Valley. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona this 16Tay of NOVEMBER, 2005. .r 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 • RESOLUTION AND ORDER NO.2005-FC 16 RESOLUTION OF THE BOARD OF DIRECTORS OF THE PIMA COUNTY FLOOD CONTROL DISTRICT APPROVING AND AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT WITH THE TOWN OF ORO VALLEY FOR THE ORO VALLEY URBAN DRAINAGE INFRASTRUCTURE IMPROVEMENT PRO( RAM(District 1) WHEREAS,the Pima County Flood Control District("District")is authorized by A.R.S.§48-3603 to contract and join with other flood control districts, municipalities, political subdivisions or government agencies in acquiring, constructing, maintaining and operating flood control works, and WHEREAS,the Town of Oro Valley("Town")is authorized by A.R.S. § 48-572(5)to order construction, reconstruction or acquisition of waterworks, ditches, canals,channels,together with the necessary or usual appurtenances for carrying storm water in,under,over or through any land or right of way of the municipality, and WHEREAS,the District wishes to contribute funds in the amount of$992,000.00 to the Town for the construction of three flood control improvement projects to be constructed by the Town as part of the Oro Valley Urban Drainage Infrastructure Improvement Program,to include the Highlands Wash Drainage Improvement Project at$500,000.00,the Oro Valley Country Club Estates Subdivision Drainage Improvement Project at$332,000.00, and the Pistachio Avenue/Poinsettia Drive Drainage Improvement Project at$160,000.00,and WHEREAS,the Town and the District have found it to be in the best interest of the public to mutually participate in the Oro Valley Urban Drainage Infrastructure Improvement Program, and WHEREAS,the Town and the District find it necessary to enter into an intergovernmental agreement for the purpose of participating in the Oro Valley Urban Drainage Infrastructure Improvement Program,and WHEREAS,the Town's Mayor and Council passed and adopted the Intergovernmental Agreement with the Flood Control District by Resolution Number R 05-41 at a council meeting held on July 20,2005, a copy of said Resolution is attached hereto as Exhibit A, NOW,THEREFORE,UPON MOTION DULY MADE, SECONDED AND CARRIED,BE IT RESOLVED THAT: 1. The District shall enter into the Intergovernmental Agreement with the Town to define the terms and conditions under which the Project is to be engineered, financed and maintained. 2. The Chair of this Board is hereby authorized and directed to sign the Intergovernmental Agreement for the Board. 3. The various Pima County Flood Control Department officers and employees are hereby authorized and directed to perform all acts necessary and desirable to give effect to this Resolution. T • Resolution and Order No. 2005-FC w Pima County Flood Control District PASSED,ADOPTED AND APPROVED this 0T� day of r6Y 2005. PIMA COUNTY FLOOD CONTROL DISTRICT -SICLAtrin --fre)%0Chair, Board of Directors2 0 rl SE.p ATTEST: APPRO . D AS • ORM: _ _. 4.4°eleYd L' t Clerk of the Board Deputy Co.11111W orney Aksor 0 2 -c,c CONTRACT _. No. AMENDMENT NO. This numoer most . :ear on all+1111101, � invoices. corre;conos7ce and documents pertaining to this contract. INTERGOVERNMENTAL AGREEMENT BETWEEN THE PIMA COUNTY FLOOD CONTROL DISTRICT AND THE TOWN OF ORO VALLEY FOR THE ORO VALLEY URBAN DRAINAGE INFRASTRUCTURE IMPROVEMENT PROGRAM This intergovernmental agreement ("Agreement") is entered into by and between the Pima County Flood Control District ("District"), a political subdivision of the State of Arizona and the Town of Oro Valley("Town"), pursuant to Arizona Revised Statutes ("A.R.S.") Section 11-952. Recitals A. The Pima County Flood Control District ("District"), is authorized by A.R.S. §48-3606 (C)(3) to contract and join with any other flood control district, municipality, political subdivision or governmental agency in acquiring, constructing, maintaining and operating flood control works. %kw' B. The Town of Oro Valley ("Town") is authorized by A.R.S. § 48-572(5) to order construction, reconstruction or acquisition of waterworks, ditches, canals, channels, together with the necessary or usual appurtenances for carrying storm water in, under, over or through any land or right of way of the municipality. C. The District wishes to contribute District funds to the Town for the construction of three flood control improvement projects to be constructed by the Town as part of the Oro Valley Urban Drainage Infrastructure Improvement Program. The three Projects are: Highlands Wash Drainage Improvement Project (Project A) Oro Valley Country Club Estates Subdivision Drainage Improvement Project(Project B) Pistachio Avenue/Poinsettia Drive Drainage Improvement Project (Project C) D. It is necessary to establish this Agreement between the District and the Town for joint and cooperative funding of the Drainage Infrastructure Improvement Program Projects. AGREEMENT SECTION 1. PURPOSE The purpose of this Agreement is to set forth the responsibilities of the parties and to provide for the 41111111, District's contribution of funds to the Town for construction of the Projects. 4iir SECTION 2. THE PROJECTS The Projects includes three separate and distinct drainage improvement projects, as follows: Project A. Highlands Wash Drainage Improvements The Highlands Wash Drainage Improvement Project consists of the construction of a 137 foot long 4-cell 10 foot by 6 foot reinforced concrete box culvert under Lambert Lane at the Highlands Wash. This Project also includes the construction of a 500 foot long channel extending from the box culvert to the Canada del Oro Wash. Total project costs are estimated to be $500,000.00. (Complete Project details are included in Attachment A). Project B. Oro Valley Country Club Estates Subdivision Drainage Improvements The Oro Valley Country Club Estates Subdivision Drainage Improvements Project includes construction of berms, infiltrations systems and minor channelization in the vicinity of the Oro Valley Country Club (OVCC) Estates Subdivision. This Project is estimated to be completed by October 2006. Total Project costs are estimated to be $332,000.00. (Complete Project details are included in Attachment B.) Project C. Pistachio Avenue/Poinsettia Drive Drainage Improvements The Pistachio Avenue/Poinsettia Drive Drainage Improvements Project will be located within the Monte del Oro Subdivision located east of La Canada Drive between Lambert Lane and Naranja Drive. The Project includes the construction of an improved/enlarged inlet structure for an existing(14100, privately-owned drainage channel, construction of bank protection, construction of a floodwall, construction of erosion/sediment control structures, and replacement of existing corrugated metal pipe (CMP) with larger pipe. Following permit issuances and any necessary studies, this Project is expected to begin in December 2006 and is estimated to be completed by June 2007. Total Project costs are estimated to be $160,000.00. (Complete Project details are included in Attachment C.) SECTION 3. COMMITMENT OF FUNDS 3.1. The parties agree that the Town shall advertise, award, design. execute and administer all construction contracts for the Projects listed above. 3.2. The District shall pay to the Town a total of $992,000.00 as District's contribution to the total cost of the Projects, as follows: Project A—Highlands Wash Drainage Improvements $500,000.00 Project B—Oro Valley Country Club Estates Subdivision Drainage Improvements $332,000.00 Project C —Pistachio Avenue/Poinsettia Drive Drainage Improvements $160,000.00 3.3. District shall pay the Town for actual work performed for the 3 projects identified in this Agreement. Invoices submitted by the Town shall be specific to each Project for which costs have been incurred. District shall pay to Town a total of$992,000.00 based on periodic invoices submitted by 2 Town for progress payments accompanied by a detailed progress reportort for each project at intervals mutually agreed to by the parties. written notice to the County of completion and final acceptance of each 3.4. The Town shall provide Town. U on completion and final acceptance of each Project, Town shall conduct a Final Project by P construction costs of each Project and shall provide to County a copy of the Final Accounting Statement of all Statement for each Project within 90 days of final acceptance of each 1 Project Accounting St by Town. administrative costs and engineering is limited to 10 percent of 3.5 District funds are not to be used for g actual construction cost. Further, construction engineering is limited to 15 percent of actual construction costs. SECTION 4. VESTING OF TITLE AND MAINTENANCE n of the Proects, Town shall remain vested with title to the improvements Upon completlo '� constructed under this Agreement and shall be responsible for the continued operation and maintenance of the Project improvements. SECTION 5. EFFECTIVE DATE AND DURATION OF AGREEMENT 5.1 This Agreement shall be effective on the date the fully executed Agreement is recorded with the Office of the Pima CountyRecorder and shall remain in effect until completion of all three Projects and final accounting and all final payments have been made, but in no event shall this Agreement be effective after December 31, 2007. SECTION 6. LEGAL JURISDICTION Nothing in this Agreement shall be construed as either limiting or extending the legal jurisdiction of District or Town. SECTION 7. NO JOINT VENTURE It is not intended Agreement bythis A reement to, and nothing contained in this Agreement shall, be construed to create any partnership,J joint venture or employer-employee relationship between District and the Town. No party shall be liable for any debts, accounts, obligations nor other liabilities whatsoever of any otherparty as a result of this Agreement, including(without limitation) any party's obligation to withhold Social Security and income taxes for itself or its employees. SECTION 8. NO THIRD PARTY BENEFICIARIES This Agreement shall hall not create anyright to any person or entity as a third party beneficiary. SECTION 9. COMPLIANCE WITH LAWS SECTION 9. COMPLIANCE WITH LAWS with all applicable federal, state and local laws, rules, regulations, standards The parties shall comply PP and executive orders,without limitation to those designated within this Agreement. The laws and izona shall govern the rights of the parties, the performance of this regulations of the State of Ar i hereunder. An action relating to this Agreement shall be brought in an Arizona Agreement and any disputes Y court. ' crimination. The provisions of A.R.S.§41-1463 and Executive Order Number 99-4 9.1. Anti-Discrimination. issued by the Governor of the State of Arizona are incorporated by this reference as a part of this Intergovernmental Agreement. 9.2. 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. SECTION 10. FORCE MAJEURE A party shall not be in default under this Agreement if it does not fulfill any of its obligations under this Agreement 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 41110, control of the partyincluding affected, but not limited to floods,earthquakes,acts of God, or orders of any regulatory government officer or court (excluding orders promulgated by the parties which,byexercise of due diligence and foresight,such party could not reasonably have themselves), party been expected to avoid. Anyart rendered unable to fulfill any obligations by reason of uncontrollable forces shall exercise due diligence to remove such inability with all reasonable dispatch. SECTION 11.WAIVER Waiver by any party of breach of any term, covenant or condition herein contained shall not be y any deemed a waiver of anyother term, covenant or condition,or any subsequent breach of the same or any other term, covenant, or condition herein contained. SECTION 12. TERMINATION OF AGREEMENT 12.1. Termination. a. For cause. Ap arty may terminate this Agreement for material breach of the Agreementby any other party. Prior to any termination under this paragraph, theart allegedly in default shall be given written notice by the other parties p Y g 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, any other party may terminate this Agreement.Any such termination shall not 4 relieve any party from liabilities or costs already incurred under this Agreement. b. A.R.S. §3g 8-511.This Agreement is subject to the provisions of A.R.S.§38- 511. c. Non-appropriation. It is acknowledged that, notwithstanding any other provision contained herein, this Agreement may be terminated if for any reason Pima County Flood Control District Board of Directors or the Oro Valley Town Council fails to appropriate sufficient monies for the purpose of maintaining Agreement.this A reement. In the event of such cancellation, District and Town shall have no further obligation to the other party other than for payment ment for services rendered prior to such termination. 1 .2. Ownership . property upon termination. Termination of this Agreement shall not � ofly 1� �' p relieve either partyfrom liabilities or costs already incurred under this Agreement, nor affect any ownership of the Projects constructed pursuant to this Agreement. SECTION 13 INDEMNIFICATION 14.1 Mutual Indemnity. To the fullest extent permitted by law, each party to this ty A_ Qreement shall indemnify, defend and hold the other party, its governing board or body, officers, departments, employees and agents, harmless from and against any and all suits, actions, legal or administrative proceedings, claims, demands, liens, losses, fines orpenalties, damages, liability, interest, attorney's, consultant's and accountant's fees or costs and expenses of whatsoever kind and nature,resulting from or arisingout of anyact or omission of the indemnifying party,its agents,employees acting or anyone under its direction or control,whether intentional,negligent,grossly negligent, or amounting to a breach of contract,in connection with or incident to the performance of this Agreement. Notice. Each partyshall notify the other in writing within 30 days of receipt of any 13.2 claim, demand, suit or judgment against the receiving party for which the receiving party intends to invoke the provisions of this Article. Each party shall keep the other r party informed on a current basis of its defense of any claims, demands, suits, or judgments under this Article. 13.3 Negligence i of indemnified party. The obligations under this Article shall not extend � gence to the negligence of the indemnified party, its agents or employees. 13.4 Survival oftermination. This Article shall survive the termination, cancellation or revocation, whether in whole or in part, of this Intergovernmental Agreement. 5 kiwi, Town of Oro Valley Town of Oro Valley Melinda Garrahan, Town AttorneyChuck Sweet, Town Manager Town of Oro Valley Town of Oro Valley 11000 N. La Canada Dr. 11000 N. La Canada Dr. Oro Valley, AZ 85737 Oro Valley, AZ 85737 Town of Oro Valley Craig Civalier, (-1 inctr 11000 N. La Canada Dr. Oro Valley, AZ 85737 In Witness Whereof, District has caused this Agreement to be executed by the Chair of its Board of Directors, upon resolution of the Board and attested to by the Clerk of the Board, and the Town of Oro Valley has caused this Intergovernmental Agreement to be executed by the Mayor and Council, upon resolution of the Council and attested to by the Town Clerk. THEREFORE, the parties hereto have entered into this Agreement this(,94-Wday of '7 '—. , 2005. PIM COUNTY RE ONAL FLOOD CONTROL DISTRICT ar‘ L111(\ Chair, Board of Directors SEP 2 0 2005 ATTEST. • Clerk of the Board TOWN OF ORO VALLEY ATTEST: Paul Loomis, Mayor Town Clerk Approved as to content: Approved as to content: Suzanne fi •elds, P.E Chuck Sweet, Town Manager . Director 1111111, Pima County Regional Flood Control District 7 411111, Intergovernmental Agreement Determination The foregoing Intergovernmental Agreement between the Pima County Flood Control District and the Town of Oro Valley has been reviewed pursuant to A.R.S. § 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 the parties to the Agreement represented by the undersigned. Pima County Regional Flood Control District 4te ( 0)"."- Depu County ttorney for the District Date Town of Oro Valley tkorr Melinda Garrahan, Town Attorney Date 8 • ATTACHMENT A Project A—Highlands Wash Drainage Improvement Project g Location: Highlands Wash from north of The Highlands mobile home park to Canada del Oro Wash. 0 Project Scope and Benefits: The area north of The Highlands needs to be protected from sheet flooding and shallow floodingcommon to this area. A channel/embankment will be constructed along the north side of The Highlands. This channel should help with the flooding conditions similar to those experienced during rains of Sept. 2000. Channel improvements will continue downstream to the Canada del Oro with a reinforced p concrete box culvert crossing at Lambert Lane. The box culvert construction will also include a drop inlet structure, inlet/outlet wingwalls, headwalls, and an interceptor swale on the upstream side of the .box. The channel has a 30' wide I 4w p shotcrete bottom and hand-placed grouted riprap sides with 1:1 slopes. This area was well documented in the 1990 Highlands Wash Basin Management Study Phase III. Costs: $500,000.00 Approximately $275,000.00 allocated for the box culvert and $200.000.00 for the channel. There will be additional costs for the environmental work. Duration: Environmental work has not been completed for this project. Included in the scope is a Section 404 permit application assessment and an assessment for Pygmy Owl habitat and cultural resources. Completing the design phase and acquiring all necessary construction easements and maintenance agreements is estimated to take 9 to 12 months following IGA approval. Construction is estimated to be completed six months after completion of design and acquisition of easements. Funding Source: Flood Control District Tax Levy Revenue lhor 9 ATTACHMENT B • — ValleyCountryClub Estates Subdivision Improvement Project Project B Oro Location: Oro Valley Country Club Estates Subdivision Project Scope and Benefits: This prod •ect is for the construction of separate but integrated flood control structures includingberms, infiltration systems and minor channelization all in the it of the Oro ValleyCountry Club Estates Subdivision. A 15%to 30% vicinity design completed was recently by KHA. As part of the Agreement, the design and construction drawings will be completed to 100%. Much of this project makes use of thep rivatel owned OVCC golf course property. OVCC golf course y agreed personnelhave verballya reed to allow construction of facilities on the golf course. At the 50% design stage it will be necessary to finalize written agreements withgolfcourse theregarding construction easements, drainage easements and maintenance responsibilities. Costs: $333,000.00 Survey/Field Engineering: $65,000.00; Construction costs: $267,000.00. —Complete project design and finalize formal construction easements and Duration: Phase I b maintenance agreements. Duration: 9 to 12 months following approval of the Agreement. Construction phase will take six months including bidding and contract approval. Funding Source: Flood Control District Tax Levy Revenue l0 ATTACHMENT C Project C— Pistachio Avenue/Poinsettia Drive Improvement Project Location: Pistachio Avenue/Poinsettia Drive is located within the Monte del Oro subdivision which is located approximately 1/2 mile east of La Canada Drive between Lambert Lane and Naranja Drive. Pistachio and Poinsettia are two subdivision streets near the flood problem. Project Scope and Benefits: ThisJro'ect was identified in the Oro Valley Town Wide Drainage project. The p Project will consist of construction of an improved/enlarged inlet structure for an existing privately owned drainage channel, construction of bank protection, construction of a floodwall, construction of erosion/sediment control structures, Now and replacement of existing corrugated metal pipe (CMP) with larger CMP. Easements will be required and all channel work and floodwall construction will be on private property. Costs: $160,000.00 Updates to a cost estimate done in 2001, inclusion of sufficient monies for the environmental assessment , and increased flooding has brought the cost estimate to $160,000.00 Duration: An environmental assessment is needed for this project. It is anticipated that the project will fall under Permit#43, however, a 404 permit may be required. The schedule will be dependent upon the outcome of the assessment. The need for an owl study and further cultural resource evaluation should be known by June 2005. 30% design should be completed by August 2005. Final easement acquisition and approval of maintenance agreements would be completed by October 2005. Funding Source: Flood Control District Tax Levy Revenue 11 Oct-17-05 11 .03am From-TOM OF ORO VALLEY 5202970428 T-803 P.02 F-857 RESOLUTION NO. (R) 05-41 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, AUTHORIZING RIZING AND APPROVING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT (IGA) BETWEEN THE TOWN OF ORO VALLEY AND THE PIMA COUNTY REGIONAL FLOOD CONTROL DISTRICT (PCRFCD) FOR PLANNING, DESIGN, AND CONSTRUCTION OF THREE URBAN DRAINAGE INFRASTRUCTURE IMPROVEMENT PROJECTS. of Oro Valleyis authorized by Arizona Revised WHEREAS, The Town _ 48-572 (S) to order construction, reconstruction, or Statutes (AR.S) ' , . - • waterworks, ditches, canals, channels, together with the acquisition of wateirw necessary or usual appurtenances for carrying storm water in, under, over, or Y or through any land right of way of the municipality; and � WHEREAS, the Pima County Regional Tonal Flood Control District is authorized by _ 60g (C) to contract and join with any other flood control district, A.R.S. �� � political subdivision, or governmental agency in acquiring, municipality, constructing, , maintaining, and operating flood control works; and pursuant to A.R.S. 11-952; which allows the Town of Oro Valley WHEREAS, and the PCRFCD to enter into this IGA, the PCRFCD wishes to contribute - tothe Town for planning, design, and construction of three flood their funds control/drainage drains improvement projects that include The Highlands Wash at p Lambert Lane, The Oro Valley Country Club, and Pistachio Avenue/Poinsettia Drive area within the Monte Del Oro Subdivision; and the TOWN COUNCIL deems WHEREAS, it necessary in the interest of. , for health, safetyand welfare of the citizens of the TOWN OF ORO providing VALLEY to enter into an IGA with the PCRFCD for the planning, design, and construction of the three aforementioned drainage improvements. THEREFORE, SE IT RESOLVED, BY THE MAYOR AND THE TOWN COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA: That the Mayor is authorized to execute the IGA on behalf of the Town of Oro Valley. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona this 2onday of__.JULY 2005. Oct-17-05 11 .03am From-TOWN OF ORO VALLEY 5202970428 7-803 P.03/14 F-957 �err - TOWN OF ORO VALLEY, ARIZONA Paul H. Loomis, Mayor ATTEST: APPROVED AS TO FORM: 4 ) (7 eticiljj4 214°V 4 T f 4.)04-1'I'��t Jr/- � da Garro. �r , Town Attorney n E. Cavelier, Town Clerk M tin 7-,13.-6 Date Oxite Oct-17-05 11:03am From-TOWN OF ORO VALLEY 5202970428 T-E03 P.04/14 F-957 INTERGOVERNMENTAL AGREEMENT BETWEEN THE PIMA COUNTY FLOOD CONTROL DISTRICT VALLEY AND THE TOWN OF ORO VALLEY FOR THE ORO URBAN . DRAINAGE INFRASTRUCTURE IMPROVEMENT PROGRAM Th . ("Agreement') is entered into t�� and t�etwcen ihe Pirna o�znty ��inter o��e�T�mcntal a�ree�•ncnt . a political subdivision of the State ofAr�zona and the Town of Flood Control District("District"),ori Valley ("Town"), pursuent to Arizona Revised Statutes (A.R. .) Section 11-952. Recitals PimaControl District ("District'), is authorized by A.R.S, 48-3606 �.. The bounty �loo�d _ , , (C)(3) with other food control district, municipality; political to contract and join any subdivision or governmental agency in acquiring, constructing,maintaining and operating flood control works. B. The Town of Oro Valley ("Town") is authorized by A.R.S. § 48-572(5) TO order construction, reconstruction or acquisition of waterworks, ditches, canals, channels, together with the necessary or usual appurtenances for carrying storm water in, under, over or through any land or right of way of the municipality. contribute District funds to the Town for the construction of three C. The District wishes to o Valley • improvement projects to be cons-tructed by the Town as part of the Or flood control F � Urban Drainage inage Infrastructure Improvement Program. The three projects are: Highlands Wash Drainage Improvement Project (Project A) ori Valley Country Club Estates Subdivision Drainage improvement Project(Project B) Pistachio Avenue/Poinsettia Drive Drainage Improvement Project(Project C) � JD, It is necessary,to establish this Agreement between the District and the Town for joint and cooperative flinding of the Drainage Infrastructure Improvement Program Projects. Ac‘'REEMENT SECTION I. PURPOSE this to set forth the responsibilities of the parties and to provide for the The purpose of Agreement is P r . District's contribution of funds to the Town for construction of the Projects. Oct-17-05 11 .03am From-TOWN OF ORO VALLEY 5202970428 T-803 P.05/14 F-957 SECTION 2. THE PROJECTS distinctI tow drainage improvement projects, follows: The Program includes three separate and � p Project A. Highlands Wash Drainage Improvements � Wash • Improvements Project consists of the construction of a 137-foot The Highlands Drainage a concrete box long,4-cell, 10-foot by 6-foot reinforcedculvert under Lambert Lane at the. also includes the construction of a.500-foot long channel Highlands Wash. This Project extending from the box culvertto-+�to the Canada del Oro Wash. Total project costs are estimate be $500,000.00, (Complete Project details are included in Attachment A) Subdivision Drainage improvements- The Project B. Oro Valley Country Club Estates Estates Subdivision Drainage Improvements Project includes The Oro Valley Country ClubEstatesthe Oro infiltrations systems and minor channelization in the vicinity o construction of berms, �' Valley Country Club (OVCC) Estates Subdivision, This Project is estimated to bo omp by completed October 2006. Total Project costs are estimated to be $332,000.00. (Complete Project details are included in Attachment B) Project C. pistachio Avenue/Poinsettia Drive Drainage Improvements Drainage Improvements Project will be located within the The Pistachio Avenue/Poinsettia Drive Monte del Oro Subdivision located east of La Canada Drive between Lambert Lane and Naranja Drive. The Project includes the construction of an improved/enlarged inlet structure for an existing privately owned drainage channel, construction of bank protection, construction of a fioodwaj I, construction of erosion/sediment control structures, and replacement of existing corrugated metalpipe (CMP) with larger pipe, Following permit issuances and any necessary thisexpectedto begin in December 2006 and is estimated to be completed by studies, Project is � June 2007, Total Project costs are estimated to be$160,000.00. (Complete Project details are included in Attachment C) SECTION 3. COMMITMENT OF FUNDS 3:I, The parties agree that the Town shall advertise, award, design, execute and administer all coni traction contracts for the Projects listed above. 3.2. The District shall pay to the Town a maximum of$992,000.00 as District's contribution to the total cost of the Projects, as follows: WashDrainage improvements $500,000.00 Project A—Highlands Drain rove � p Country Club Estates Subdivision Drainage Improvements $332,000.00 Project B y Oro Valley $160 ���.�� Project C—Pistachio Avenue/Poinsettia Drive Drainage improvements Town for actual work performed for the 3 projectsidentified in this 3.�.The Districtshall pay the been submitted byTown shall be specific to each Project for which costs have Agreement. Invoices incurred. District shall pay to Town a total of$992,000.00 based on periodic invoicesby � submitted 2 Qct-1705 11 :03am Frcm-TOVN OF ORO VALLEY 5202970428 T-803 P.06/14 F-957 accompanied by a detailed progress rens report for each project at intervals Town forprogress payments p � mutually agreed to by the parties. .� notice to County of completion and final acceptance of each .�,�. The Town shall provide written � � Final 3� • Bial aece lance of each traject,Tov�n sh�I conduct a Pro ect by Tt��rn.upon c�n��letlon end � � � c�srs of each fro'ect and shill prc�vide County a copy o#' Accounting Statement of all construction � the Final Accounting Statement for each Project within 90 days of final acceptance of each Project � by Town. SECTION 4. Y! TJNGOF TITLE AND MA TENANCE ' Town shall remain vested with title to the improvements Upon completion of the Projects,s pand shall be responsible for the continued operation and constructed under this Agreement maintenance of the Project improvements. SECTION 5 EFFECTIVE ECTIVE �' DATE AND DURATION OF AGREEMENT �... effective on the date the fully executed Agreement is recorded with This Agreement shall be the Office of the Pima County Recorder, and shall remain in effect until completion of all three Projects, and final accounting and all final payments have been completed,but in no event shallAgreement this be effective after December 31, 2007. SECTION 6. LEGAL JURISDICTION Nothing in this Agreement shall be construed as either limiting or extending the legal jurisdiction of District or Town. SECTION 7. NO JOINT VENTURE intendedAgreement to. and nothingcontained in this Agreement shall,be construed It is not by this r � , int venture or employer-employee relationship between District and the to create any partnership,joint � • • whatsoever of be liable for anydebts,accounts,obligations nor other liabilities Town. No party shall T'�obligation to as a result of this Agreement,including(without limitation)any part} any other party � withhold Social Security and income taxes for itself or its employees. SECTION 8. NO THIRD PARTY BENEFICIARIES This Agreement shall not create any right to any person or entity as a third party beneficiary. y SECTION 9. COMPLIANCE WITH LAWS applicable federal,state and local laws,rules,regulations,standards The parties shall comply with all limitation to those designated within this Agreement. The laws and and executive orders, without regulations of the State ofArizona shall govern the rights of the parties, the performance of this 3 Oct-17-05 11:04am 4am From-TOWN OF ORO VALLEY 5202970428 T-803 P.07/14 F-957 Agreementlair and any disputes hereunder.Any action relating to this Agreement shall be brought in an Arizona court. 9.1. Anti-Discrimtnation. The provisions� sions 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 Intergovernmental Agreement. 9,2_ Americans _ . , - •, Agreementsubjectto all applicable with Disabilities Act. This is PP Americans with Disabilities Act(Public Law 101- provisions of the 12101-12213)and all applicable federal regulations under the Act,including 28 CFR Parts 35 and 36. SECTION 10, FORCE MAJEURE in default under Agreement if it does not fulfill any of its obligations under A shall not be this _ forces.The A or delayed in doing so by reason of uncontrollable fore this Agreement because it is prevented � �- beyond the"uncontrollable forces" shall mean, for the purpose of this Agreement, any causey termf -�altes acts of God,or orders affected,including but not limited to floods, earthquakes,control of the party �, � promulgated .b the partiesto government officer or court (excluding orders y of any regulatory � � suchpartycould not reasonably have which,byexercise of due diligence and foresight, . themselves), anyobligations by reason- of to avoid. party rendered unable to fulfill been expectedAny remove such inability with all Teasonable uncontrollable forces shall exercise due diligence to dispatch. SECTION 11.E AIVE! Waiver by any party of any breach of any term,covenant or conditioncondition'herein contained shall not be deemed a wal� • rer of any other term, covenant or condition, or any subsequent breach of the same or any T other term, covenant, or condition herein contained. SECTION 12. TERMINATION OF AGREEMENT 12.1. Termination, mayterminate this Agreement for material breach of the a. For cause. A party - Agreement b j anyother party.Prior to any termination under this paragraph, � bythe other parties allegedly in default shall be given written notice the party g �' of the nature of the alleged default.The party said to be in default shall have g forty-five days to cure the default.If the default is not cured within that time, any other partyterminate this Agreement.Any such termination shall not may relieve any party from liabilities or costs already incurred under this Agreement. b. A.R.S. 38:511.This � subject Agreement is sub`ect to the provisions of A.R.S.§38- liew 4 Oct-17-05 11:04am Ffcm-TOWN OF ORO VALLEY 5202970428 1-903 P.08/14 F-957 lio 511. It is acknowledged that, notwithstanding any other � herein, this Agreement may be terminated if for any p�'t��1�1�n contained , thePimaCountyFlood Control District Board of Directors or the Oro reason - r Townfails to appropriate sufficient monies for the purpose of Valley Council �� � maintaining this Agreement. In the event of such cancellation, District and Town shall haveobligation no farther obli ation to the other party other than for payment for services rendered prior to such termination. upon termination. Termination of this Agreement shall not 1�,�. Ownership ��',��properly relieve either party � e art y from liabilities or costs already incurred under this Agreement, , nor affectany ownershipof the Projects constructed pursuant to this Agreement. SECTION ION 13. INDEMNIFICATION i . To the fullest extent permitted by law, each -party to this 13.1 Mutual Indemnity. board or indemnify, defend and hold the other party,its governing Agreement shallfYa officers departments, employees and agents,harmless from and against any body, � p allsuits, and actions, legal or administrative proceedings, claims, demands, liens, losses, fines or penalties, damages,damn es, liability, interest, attorney's, consultant's and ' fees or costs and expenses of whatsoever kind and nature,resulting from accountant's p (110. or arising out of any act or omission of the indemnifying party,its agents,employees or anyone grossly under its direction or control,whether intentional,negligent, negligent, or amounting�ountin to a breach of contract,in connection with or incident to the .�. performance of this Agreement. } shall notifythe other in writing within 30 days of receipt of any ��.� �v�����_ Each party . . suit or judgment against the receiving party for which the receiving claim, demand, . � � other to invoke the provisions of this Article.Each party shall keep the party intends party informed on a current basis of its defense of any claims, demands, suits, or judgments under this Article. Negligence13.3 of indemnified par The obligations under this Article shall not extend to the negligence of the indemnified parry, its agents or employees. 13.4 Survival of termination. This Article shall survive the termination, cancellation or revocation, whether in whole or in part, of this Agreement. SECTION 14. INSURANCE Each party to this Agreement is self-insured and warrants that such self-insurance fully covers that party's a 's full liabilityfor the three Projects identified in the Agreement. do 5 Oct-17-05 11:05am From TQM OF ORO VALLEY 5202970428 1-803 P.09/14 F-957 SECTION 15, BOOKS AND RECORDS • keepand maintain proper and complete books,records and accounts,which shall be The Town shall � � � open for inspectionby and audit dulyauthorized representatives of the District at all reasonable resin and construction drawings,records,documentation and correspondence shall be the times.All design property of the Town at the completioncopies of the Projects, except coes maintained by District for its records.Within six months after acceptance of the Projects by the Town,the Town shall provide,at no cost to District, electronic "As-Built" drawings of the Projects for inclusion in the District's drainage structures repository. SECTION 16. INSPECTION AND AUDIT OF RECORDS District my perform ns a an inspection of any of the Projects during construction or conduct audits of P any books or records for the Projects maintained by the Town to verify that District monies have • been spent in accordance with this Agreement. SECTION 17. JVERABILITY the event that anyprovision of the Agreement or the application thereof is held invalid, such In invalidity shall have no effect on other provisions and their application, which can be given effect without the invalidP rovision,or application, and to this extent the provisions of the agreement are severable. SECTION 18. REMEDIES Any dispute arising under this Agreement shall be submitted to the Directors of the respective parties for resolution_ SECTION 19. OTWW1 cATI0N 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: Pima County Regional Flood Control District Town of Oro Valley Suzanne Shields, P.E.,Director Jim Hossley, Manager, Operations Division Pima County Regional Flood Control District Town of Oro Valley 201 N. Stone Ave., 4th Floor 680 W. Calle Concordia Tucson,AZ 85701 Oro Valley, AZ 85737 Town of Oro Valley Town of Oro Valley Melinda Garrahan, Town Attorney Chuck Sweet, Town Manager Town of Oro Valley Town of Oro Valley .I 11000 N. La Canada Dr. 11000 N. La Cae'nada Dr Oro Valley,AZ 85737 Oro Valley, AZ 85737 6 Oct-17-05 11 .O5am From—TOWN OF ORO VALLEY 520297042E T-803 P.10/14 F-957 Town of Oro valley Craig r Civalier, Acting Town Engineer Townof Oro Valley 11000 N, La Canada Dr. Oro Valley, AZ 85737 In Witness Whereof District has caused this Agreement to be executed by the Chair of its Board of Directors, upon resolution on of the Board and attested to by the Clerk of the Board, and the Town of Oro Valley has caused this Agreement to be executed by the Mayor and Council, upon resolution of the Council and attested to by the Town Clerk, THEREFORE,the parties hereto have entered into this Agreement this day of _ ,__._, 2005. PIMA COUNTY REGIONAL FLOOD CONTROL DISTRICT Chair, Board of Directors • ATTEST: Clerk of the Board TOWN OF ORO VALLEY ATTEST: i Paul Loomis,Mayor To Clerk Approved as to content: Ap•roved as to content: • • ASuzanne ' hlolds, RE_ Chuck Sweet,Town Manager Director Pima County Regional Flood Control District n 1 Oct-17-05 11:05am From-TOR OF ORO VALLEY 5202970428 T-808 P.11/14 F-957 Intergovernmental Agreement Determination The foregoing Intergovernmental Agreement between the Pima County Flood Control District Town of Oro Valleyhas been reviewed pursuant to A.R.S. § 11-952 by the undersigned, and the fo who haveproper determined that it is in form and is within the powers and authority granted under the laws of the State of_Arizona to the parties to the Agreement represented by the undersigned. Pima County Regiosal Flood Control District • • r Deputy ounty Attorney for the District Date . - Town of Oro Valley JT . I { r dt- Melinda arrahaniTow Attorney ate 8 Oct-17-05 11 :06am From-TOWN OF ORO VALLEY 5202970428 T-803 P.12/14 F-957 ATTACHMENT A Project — Highlands Wash Drainage Improvement Project _ Location; Highlands Wash from north of The Highlands Mobile Horne Park to Canada del Oro Wash, Project Scope and Benefits: and of'The Highlands needs to be protected from sheet flooding The area north � t - willcted flooding common to this area. A channellembankment be constr u shallow along the north side of The Highlands. This channel should help with the flooding ��d � conditionsexperienced to those eri enced during rains of Sept. 2000. Channel similarp continue downstream to the Canada del Oro with a reinforced improvements will . concreteculvert crossingat Lambert.Lane, The box culvert construction will box � also include a dropinlet structure, inlet/outlet wingwalls,headwalls, and ari • r �r on the upstream side of the box. The channel has a 30-foot wide interceptor s� al� F shoter t e bottom and hand-placed grouted riprap sides with 1:1 slopes. This area well way ll was T documented in the 1990 Highlands Wash Basin Management Study Phase 111. Costs, $500,000.00Approximately A roximatel y $275,000;00 allocated for the box culvert and $200,000.00 for the channel. There will be additional costs for the environmental work. work not been completed for this project. Included in the �x�rat��n. Environmental has p p is a Section 404permit application assessment and an assessment for scope Pygmy Owl habitat and cultural resources_ Completing the design phase and acquiring all necessary construction easements and maintenance agreement is estimated to take 9 to 12 months following MA approval, Construction is estimatedcompleted to be six months after completion of design and acquisition of easements. Funding Source: Flood Control District Tax Levy Revenue 9 Oct-17-05 11 :06am From-TOWN OF ORO VALLEY 5202970428 T-903 P.13/14 F-957 . V ATTACHMENT B Project B — Ore Valley Country CClub Estates Subdivision Drainage Improvement Project Location: Oro Valley Country Club Estates Subdivision Project Scope and Benefits: This project is for the construction of separate but integrated flood control structures including berms, infiltration systems and minor channelization all in the vicinity of the Oro Valley Country Club Estates Subdivision. A 15%to 30% design was recently completed by KRA. As part of the Agreement, the design and construction drawings will be completed to 100%. Much of this project makes use of the privately owned OVCC golf course property. OVCC golf course personnel have verbally agreed to allow construction of facilities on the golf - �� design � � finalize written agreements course. At the 50�o stage it will be necessary to g with theg olf course regarding construction easements, drainage easements and maintenance responsibilities. Costs: $332,000.00 urvey/field Engineering! $65,000.00; Construction costs: $267,000.00. Duration: t�+�n. phaL eCompleteproject I— 'ect design and finalize formal construction easements and � maintenance agreements. Duration: 9 to 12 months following approval of Agreement. Construction phase is estimated to take six months including bidding and contract approval.. Funding Source: Flood Control District Tax Levy Revenue 10 TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: November 16, 2005 TO: HONORABLE MAYOR & COUNCIL FROM: Kathryn Cuvelier, Town Clerk SUBJECT: Resolution No. (R)05- 113- Canvass of the Votes - Declaring and adopting the results of the Ballot By Mail Special Election held on November 8, 2005 SUMMARY: Since thep ackets for this meeting are being distributed prior to the November 8, 2005 General Plan Election, the results of this election will be distributed prior to the November 16th Council meeting. /a .! e •~V Department Head Town Manager TOWN OF ORO VALLEY SUPPLEMENTAL 4 • COUNCIL COMMUNICATION MEETING DATE: November 16, 2005 TO: HONORABLE MAYOR& COUNCIL FROM: Kathryn Cuvelier, Town Clerk SUBJECT: Resolution No. (R)05- 113 — Canvass of the Votes — Declaring and adopting the results of the Ballot By Mail Special Election held on November 8, 2005 SUMMARY: The attached resolution declares and adopts the results of the Ballot By Mail Special Election held on November 8, 2005. The official canvass prepared by Pima County Elections dated November 10, 2005 show the following results: Town of Oro Valley General Plan Question: Yes 6788 (76.28%) No 2111 (23.72%) The total number of ballots cast was 8912, representing 35.6% of the registered voters. (25,025). SUGGESTED MOTION: I move to adopt Resolution No. (R)05- 113 . ATTACHMENTS: 1. Resolution No. (R)05-113 2. Official Canvass prepared by Pima County Elections dated November 10, 2005. Department Head t Town Manager RESOLUTION NO. (R)05-113 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, DECLARING AND ADOPTING THE RESULTS OF THE BALLOT BY MAIL SPECIAL ELECTION HELD ON NOVEMBER 8, 2005. WHEREAS, the Town of Oro Valley, Pima County, Arizona did hold a ballot by mail special election on the 8th day of November 2005, for the General Plan Ratification. WHEREAS, the election returns have been presented to and have been canvassed by the Town Council, NOW THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Oro Valley, Pima County, Arizona, as follows: SECTION 1. That the total number of ballots by mail received for the special election was 8912, representing 35.6% of the registered voters. (25,025). Nine ballots were blank voted and 4 ballots were over voted. SECTION 2. That the votes cast for the General Plan Ratification were as follows: Yes 6788 (76.28%) No 2111 (23.72%) The General Plan Ratification is hereby approved. SECTION 5. This resolution shall be in full force and effect immediately upon its adoption. PASSED AND ADOPTED by the Mayor and Council of the Town of Oro Valley, Arizona this 16th day of November, 2005. Paul H. Loomis, Mayor ATTEST: Kathryn E. Cuvelier, Town Clerk APPROVED AS TO FORM: Melinda Garrahan, Town Attorney 41111E1°Ik /7/ti V84 040\ 470 ti ik it, 0,g5161„: . 1\IA viepy pim\A COUNTY (Fr, tenlAtik r-VA cc CAN AiMit00 TOVN OF 010) VALLEY SPECIAL ELECTION NtVEM\BER & 21i195 PIMA COUNTY DIVISION Of ELECTIONS 130 W. CONGRESS ST. 8TH FLOOR .40 TUCSON, AZ 65701 111;) TEL 740-4260 a 0 �� ti1J��•• r II \e: Ali-2(0 DIVISION OF ELECTIONS PIMA COUNTY GOVERNMENTAL CENTER 130 W. CONGRESS STREET, TUCSON, AZ 85701 (520) 740-4260 FAX (520) 620-1414 November 10, 2005 In accordance with Arizona Revised Statutes, Titlel 6, I hereby certify the enclosed tabulation is a full, true and correct copy of the Returns of the Special Election held pursuant to Arizona Constitution and Arizona Revised Statutes Title 9 and 16 in and for The Town of Oro Valley, Pima County, Arizona on November 8, 2005. This tabulation includes all mail ballots. Respectfully submitted, 1\\\\,4A447v.„\,DI clU 1\. IVCIJUI I, VII CUIUI Pima County Elections • 1-4 4. 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W a 8 +4 g , i z I ix 44 — Pc, co) Clie " a 4::1 tjil 0 11-a 1.4 r4 0 Z 44 0,4 (A <14 CA 5. ,..= = ei. • 1.4 E'' °"". 4:1‘ el tt ,--0 lit tz 6 ii = L) = C,) • 0 4 4 — .. 41 44 Cie au° win( CI , ..... -z 1 OD cie 4? wrZ = k N tk V) 41) i 410111110111.0 1 44 ) ' Z l' ill, ct ck:ii ro ,J0 P fa co /101111/11r ') Fl II 1 crir E .1\ SUMMA \ <)1( Election Summary Report Date:11/09/05 Time:14:59:23 Pima Consolidated 110805 Page:1 of 1 iliorSummary For Town of Oro Valley, All Counters, All Races Registered Voters 25052-Cards Cast 8912 35.57% Num.Report Precinct 6-Num.Reporting 6 100.00% TOWN OF ORO VALLEY QUESTION 1 (ALL MAIL) Polling Early Prov Total Number of Precincts 6 0 0 6 Precincts Reporting 6 0 0 6 100.0 % <- Vote For 1 1 1 1 Times CountedRe .Voters 25052) 8912 0 0 •8912 35.6 % ( g Total Votes 8899 0 0 8899 Times Blank Voted 9 0 0 9 Times Over Voted 4 0 0 4 Number Of Under Votes 0 0 0 0 YES 6788 0 0 6788 76.28% NO 2111 0 0 2111 23.72% ..................:::::: Cr ............................. L TOWN OF ORO VALLEY QUESTION 1 OFFICIAL TITLE: TOWN OF ORO VALLEY GENERAL PLAN DESCRIPTIVE TITLE: This proposition, if adopted, would update the General Plan and all its elements, as adopted by the Mayor and Town Council by Resolution No. 05-34 on June 15, 2005 . A "Yes" vote shall have the effect of ratifying the updated and revised Town of Oro Valley General Plan adopted by the Mayor and Town Council on June 15, 2005 . A "No" vote shall have the effect of not ratifying the updated and revised Town of Oro Valley General Plan adopted by the Mayor and Town Council on June 15, 2005. If the updated and revised Town of Oro Valley General Plan adopted by the Mayor and Town Council is not ratified by the voters, the General Plan in effect prior to June 15, 2005 , and presently in effect, shall remain in effect. YES NO sT,n, -EmENT oDir voDT rIES/ / ' Ac Statement of Votes Cast Date:11/09/05 Time:15:08:07 Pima Consolidated 110805 Page:1 of 1 SOVC For Town of Oro Valley, All Counters, All Races TURN OUT TOWN OF ORO VALLEY QUESTION 1(ALL MAIL) Reg. Cards % Reg. Times Total Times Times Number YES NO Voters Cast Turnout Voters Counted Votes Blank Over Of Voted Voted Under Votes Jurisdiction Wide 9-01 4471 2509 56.12% 4471 2509 2506 2 1 0 1948 77.73% 558 22.27% 9-02 4045 1367 33.79% 4045 1367 1365 1 1 0 1028 75.31% 337 24.69% 9-03 5200 1622 31.19% 5200 1622 1620 0 2 0 1254 77.41% 366 22.59% 9-04 4956 1541 31.09% 4956 1541 1538 3 0 0 1199 77.96% 339 22.04% 9-05 3636 1249 34.35% 3636 1249 1247 2 0 0 933 74.82% 314 25.18% 9-06 2744 624 22.74% 2744 624 623 1 0 0 426 68.38% 197 31.62% Total 25052 8912 35.57% 25052 8912 8899 9 4 0 6788 76.28% 2111 23.72% VOTING AREA: PRECINCTS INCLUDED: 09-01 341, 384, 385 09-02 200, 360 09-03 310, 381, 386 09-04 361, 370, 387 09-05 12, 346, 365, 187 09-06 13, 29, 266, 280 Statement of Votes Cast Date:11/09/05 Time:15:07:40 CPima Consolidated 110805 Page:1 of 1 SOVC For Town of Oro Valley, All Counters, All Races TURN OUT TOWN OF ORO VALLEY QUESTION 1(ALL MAIL) Reg. Cards % Reg. Times Total Times Times Number YES NO Voters Cast Turnout Voters Counted Votes Blank Over Of Voted Voted Under Votes Jurisdiction Wide 9-01 Polling 4471 2509 56.12% 4471 2509 2506 2 1 0 1948 77.73% 558 22.27% Early 4471 0 0.00% 4471 0 0 0 0 0 0 0 Provisional 4471 0 0.00% 4471 0 0 0 0 0 0 - 0 Total 4471 2509 56.12% 4471 2509 2506 2 1 0 1948 77.73% 558 22.27% 9-02 Polling 4045 1367 33.79% 4045 1367 1365 1 1 0 1028 75.31% 337 24.69% Early 4045 0 0.00% 4045 0 0 0 0 0 0 0 Provisional 4045 0 0.00% 4045 0 0 0 0 0 0 - 0 - Total 4045 1367 33.79% 4045 1367 1365 1 1 0 1028 75.31% 337 24.69% 9-03 Polling 5200 1622 31.19% 5200 1622 1620 0 2 0 1254 77.41% 366 22.59% Early 5200 0 0.00% 5200 0 0 0 0 0 0 - 0 - Provisional 5200 0 0.00% 5200 0 0 0 0 0 0 - 0 - Total 5200 1622 31.19% 5200 1622 1620 0 2 0 1254 77.41% 366 22.59% 9-04 Polling 4956 1541 31.09% 4956 1541 1538 3 0 0 1199 77.96% 339 22.04% Early 4956 0 0.00% 4956 0 0 0 0 0 0 - 0 Provisional 4956 0 0.00% 4956 0 0 0 0 0 0 - 0 Total 4956 1541 31.09% 4956 1541 1538 3 0 0 1199 77.96% 339 22.04% 9-05 Polling 3636 1249 34.35% 3636 1249 1247 2 0 0 933 74.82% 314 25.18% Early 3636 0 0.00% 3636 0 . 0 0 0 0 0 - 0 - Provisional 3636 0 0.00% 3636 0 0 0 0 0 0 - 0 - Total 3636 1249 34.35% 3636 1249 1247 2 0 0 933 74.82% 314 25.18% 9-06 ‘irof Polling 2744 624 22.74% 2744 624 623 1 0 0 426 68.38% 197 31.62% Early 2744 0 0.00% 2744 0 0 0 0 0 0 - 0 - Provisional 2744 0 0.00% 2744 0 0 0 0 0 0 - 0 - Total 2744 624 22.74% 2744 624 623 1 0 0 426 68.38% 197 31.62% Total Polling 25052 8912 35.57% 25052 8912 8899 9 4 0 6788 76.28% 2111 23.72% Early 25052 0 0.00% 25052 0 0 0 0 0 0 - 0 - Provisional 25052 0 0.00% 25052 0 0 0_ _ 0 - 0_ Total 25052 8912 35.57% 25052 8912 8899 9 4 0 6788 76.28% 2111 23.72% r- TOWN OF ORO VALLEY Page 1 of 1 7OUNCIL COMMUNICATION MEETING DATE: November 16, 2005 TO: HONORABLE MAYOR AND COUNCIL FROM: MELINDA GARRAHAN, TOWN ATTORNEY SUBJECT: RESOLUTION NO. (R) 05-114 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, RELATING TO THAT REAL PROPERTY KNOWN AS STEAM PUMP RANCH (Northwest side of Oracle Road, at Hanley Boulevard, Oro Valley); AND AUTHORIZING THE TOWN MANAGER AND THE TOWN ATTORNEY TO TAKE ALL ACTIONS NECESSARY TO PROCEED WITH THE ACQUISITION AND/OR A CONDEMNATION ACTION OF THE ENTIRE 15.18 ACRE PARCEL KNOWN AS STEAM PUMP RANCH SUMMARY: On October 19, 2005, consideration and possible acquisition of Steam Pump Ranch was brought before Council. A motion was passed by Council that the Town Manager and the Town Attorney be authorized to pursue acquisition of the entire 15.18 acre parcel of Steam Pump Ranch, based on the independent appraisal value of $3,674,373 or $5.56 per square foot, by negotiated acquisition or condemnation, and to return to Council with a Resolution reflecting Council's direction. 4iTTACHMENTS: Map of the Subject Property FISCAL IMPACT: To be assessed; will depend on whether acquisition is by negotiated agreement or by condemnation. SUGGESTED MOTIONS: I hereby move that the Town Manager and the Town Attorney be authorized to pursue acquisition of the entire 15.18 acre site of Steam Pump Ranch, either by acquisition or condemnation. elinda Garrah n, Town Attorney / ! Chuck Sweet, Town Manager F.\Lit\Steam Pump Ranch\111605 CC re Steam Pump Ranch Acquisition.doe RESOLUTION NO. (R) 05- 114 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, AUTHORIZING THE TOWN MANAGER AND THE TOWN ATTORNEY TO PROCEED WITH ACQUISITION OF THE PROPERTY AND/OR FILE A CONDEMNATION ACTION TO OBTAIN APPROXIMATELY 15.18 ACRES OF REAL PROPERTY KNOWN AS STEAM PUMP RANCH FOR THE PURPOSE OF PROTECTION AND PRESERVATION OF HISTORIC IMPROVEMENTS LOCATED ON THE PROPERTY; AND DECLARING AN EMERGENCY TO EXIST WHEREAS, Oro Valley is a municipal corporation within the State of Arizona, and is vested with all the rights, privileges and benefits and entitled to the immunities and exemptions granted to municipalities and political subdivisions under the Laws of the State of Arizona; and WHEREAS, Oro Valley has the requisite statutory authority to acquire land for the benefit of the public and residents of the Town of Oro Valley; and WHEREAS, the property in question, approximately 15.18 acres, located within the Town of Oro Valley as depicted in Attachment 1, attached hereto, has improvements of historic value relating to the founding and development of Oro Valley; and WHEREAS, acquisition of the property in question is necessary to protect and preserve such historic improvements as part of a public park/historic center, and acquiring the subject property is necessary to that public use; and WHEREAS, the Town Council has deemed it necessary, in the interest of the public and residents of the Town of Oro Valley, to authorize the Town Manager and the Town Attorney to take action to acquire the property depicted in Attachment 1, in order to ensure that the historic Steam Pump Ranch improvements remain part of the Oro Valley community. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Town Council of the Town of Oro Valley, Arizona, that the Town Manager and the Town Attorney are hereby authorized to proceed with the acquisition of the approximately 15.18 acres of land known as Steam Pump Ranch, depicted in Attachment 1 attached hereto and incorporated herein by this reference, either by negotiated agreement or through condemnation action; and to take all action reasonably necessary in furtherance of the acquisition of the subject land and the protection of the historic improvements. BE IT FURTHER RESOLVED that it is necessary for the preservation of the health and safety of the Town of Oro Valley, Arizona that an emergency is declared to exist and this Resolution shall become immediately operative and in force from and after the date of adoption hereof. F:\Lit\Steam Pump Ranch\111605 Res-Steam Pump Ranch Acquisition or Condemnation entire parcel.doc Office of the Oro Valley Town Attorney/ca 102805 Y ' PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, 411liw Arizona this 16TH day of NOVEMBER , 2005. TOWN OF ORO VALLEY Paul H. Loomis,Mayor ATTEST: Kathryn E. Cuvelier, Town Clerk APPROVED AS TO FORM: lOriurr Melinda Garrahan, Town Attorney 411110, F:\Lit\Steam Pump Ranch\111605 Res-Steam Pump Ranch Acquisition or Condemnation entire parcel.doc Office of the Oro Valley Town Attorney/ca 102805 4 • ATTACHMENT 1 MAP OF SUBJECT PROPERTY 111111.0 F:\Lit\Steam Pump Ranch\111605 Res-Steam Pump Ranch Acquisition or Condemnation entire parcel.doc Office of the Oro Valley Town Attorney/ca 102805 1 .1 11 L_ O .-- ;,. L . ..' I L* , *ti ia ., 4 . . . - .t \ , ,,,„ :: • •,;IF AL I In as • a �w s IF _ , T _ 1 • [ �s i . • . - •-44 i (1) lihiIpt • .; . ., , .::',...,. * 4.„:,, Iii: . = n t(x - it* * ' °3 .1C' 0 Q Q. . 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'. •- • • \ ' \ v. At; ' * * we. . #,...p. ., „ ,. \ , :'' ,t,..;,' I, .'':"-:''' '*;'''''' . . IP - *... ''„'' '.. it'', r . ' ....:in ' ' 4) 4.1 fill) CD ,1104 ? : '''.: ' . S.'.'''''''..:.. 1: .',, ‘4*, ...''''.....':.;;.-: ** Vt 6.Z' '4 '' '. , 4. 1111 ,, ' 41111°'* \\L\ ' . s..'-\\A\..4\[. \,, .\,, .,‘,. .',',,,,',.'' . ' 4' r4:.: .,. ',... 'It° 4 op* . , . 44M-44 0 .• 'it i ' 'i% 4 'v., 4 . ' . , l' „;,..::. • ,. 0 . : .• . ,,,.- ..• - . '. .,.. . J ill. 1r�af! 11--It* 4 °- ° '::. y • likk fir ,L t ,e — lir 4 ' #* ''11100.° II' iii, O• E , HaBAH3S3HtoN.. > vv Isdi* I iNO QJr ::. •. "1011b1 0 . - .'• ..•.4fiwt or . . ' *'' L ii4111..•• .'46.;.•. .. , ipie 19%7 jik ' . A: ' : ,, • '-'illit 1 if - ' "I-4. _,,,,,/,74, 10. 0 ii, .as ,00:4,11:;',4.....,_,,,,,,,piplillieffis.,',/,,,'„i,„;,,:.,.,,,,,,,,:5,:,.., •'', .,,,,,,,,, ..,..,-,......„,:,„,......' . :•- .„..,:,-,,,,,,,::.,..„..„It.,., . * ,. .•,'li '','"„, 4 i . -:,,,,:•,-. . -'_r -. All'It ,__. t , , ... . „,„ ,ir.,,, „,„. .: , .",:" ,.* , .4 4.0,,,,,_ ,..... „4„ : 4, .,,...„. , ,„. .. . . , . . l1Z1---: .. .:,' 4.' p TOWN OF ORO VALLEY )UNCIL COMMUNICATION MEETING DATE: November 16, 2005 TO: HONORABLE MAYOR & COUNCIL MEMBERS FROM: JEFFREY H. WEIR, CEcD ECONOMIC DEVELOPMENT ADMINISTRATOR SUBJECT: Resolution No. (R) 05 - 115 Consideration and Approval of an Economic Development Funding Agreement between the Town of Oro Valley and the Critical Path Institute. SUMMARY: On July 20, 2005 the Mayor and Council approved the Fiscal Year 2005-2006 Final Budget. Contained in the FY Budget was a commitment to provide funding to the Critical Path Institute (Institute) in the amount of $ 25,000.00 per year for five years. This commitment is subject to an annual appropriation and the mutually agreed to and executed funding agreement. tached is the funding agreement that contains specific language which indemnify's the Town, and expresses clearly the commitment from the Institute to promote the Town as a primary location for bioindustry businesses. ATTACHMENTS: 1. Resolution No. (R) 05 - 115 2. Economic Development Funding Agreement. FISCAL IMPACT: For the 2005-2006 Fiscal Year the amount is $ 25,000.00. This amount has been included in the approved Final Budget. SUGGESTED MOTION: I move to approve Resolution No. (R) 05 -11s executing the Economic Development Funding Agreement between the Town of Oro Valley and the Critical Path Institute. TOWN OF ORO VALLEY JUNCIL COMMUNICATION PAGE 2 OF 2 r q Pit'LL-- JEFFREY H. WEIR, CEcD ECONOMIC DEVELOPMENT ADM. I il , -.7j Pave 4 , ,, *11' " 4 CHUCK SWEET TOWN MANAGER RESOLUTION NO. (R) 05 - 115 A RESOLUTION OF THE TOWN OF ORO VALLEY, ARIZONA AUTHORIZING AND APPROVING THE TOWN TO ENTER INTO AN ECONOMIC DEVELOPMENT FUNDING AGREEMENT BY AND BETWEEN THE TOWN OF ORO VALLEY AND THE CRITICAL PATH INSTITUTE WHEREAS, the Town of Oro Valley is a political subdivision of the State of Arizona, and is vested with all rights, privileges, benefits and is entitled to the immunities and exemptions grantedmunicipalitiespolitical and subdivisions under the Constitution and laws of the State of Arizona and the United States; WHEREAS, the Critical Path Institute was founded by the University of Arizona and SRI International for thep urpose of supporting the U.S. Food and Drug Administration in an effort to implement the Critical Path Initiative; and WHEREAS, the Town desires to promote a business environment in Oro Valley that enhances economic vitality and improves the quality of life for its citizenry; and WHEREAS, on July 20, 2005, the Mayor and Council of the Town committed to funding the Institute in the amount of$25,000.00 per year for five (5) years, subject to annual appropriation and/or termination; WHEREAS, it is the desire of the Town to enter into this Economic Development Funding Agreement, attached hereto as Exhibit "A" and incorporated herein by reference, with the Critical Path Institute. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Oro Valley, Arizona, authorizing the approval of the Economic Development Funding Agreement between the Critical Path Institute and the Town of Oro Valley (attached hereto). BE IT FURTHER RESOLVED that the Mayor and Town administrative officials are hereby authorized to take such steps as are necessary to execute and implement the terms of the Agreement. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona this 16th day of November, 2005. TOWN OF ORO VALLEY Paul H. Loomis, Mayor C:\Documents and Sdiings\jweir\Local Settings\Temporary Irdemet Files\OLK6\Economic Development Funding Agreement Resolutiondoc Town of Oro Valley Attorney's Office 11/04/05 ATTEST: APPROVED AS TO FORM: Kathryn E. Cuvelier, Town Clerk Melinda Garrahan, Town Attorney C:\Documents and Settings\}weir\Local Settings\Temporary Internet Files\OLK6\Economic Development Funding Agreement Resolutiondoc Town of Oro Valley Attorney's Office 11/04/05 ECONOMIC DEVELOPMENT FUNDING AGREEMENT BETWEEN THE TOWN OF ORO VALLEY AND THE CRITICAL PATH INSTITUTE On this day of , 2005, this Economic Development Funding Agreement ("Agreement") is entered between the Town Of Oro Valley, Arizona ("Town") and The Critical Path Institute ("The Institute") RECITALS A. The Institute was founded by The University of Arizona and SRI International for the purpose of supporting the U.S. Food and Drug Administration in its effort to implement the Critical Path Initiative. This will be accomplished by conducting research and developing procedures that will enable the pharmaceutical industry to safely accelerate the development and approval of new medical products. B. The Mayor and Council have identified the expansion and strengthening of regional industry clusters, including life sciences,as strategic goals for long-term economic growth. C. The Mayor and Council have agreed that establishment of the Institute in Pima County will advance the economic development goals of the Town through direct and indirect economic development impacts, such as promoting the Town of Oro Valley as a primary location for bioindustry business. '1111110, D. The Mayor and Council, on July 20, 2005, committed to funding the Institute in the amount of$25,000 per year for five years, subject to annual appropriation and/or termination. NOW, THEREFORE, in consideration of the mutual promises set forth herein, the parties hereto agree as follows: AGREEMENT 1.Purpose of Agreement; Term The Town agrees to provide financial and development assistance to the Institute in consideration of the economic development benefits to be derived by expanding the bioindustry sector in Oro Valley. The term of this Agreement shall be from the date of execution until June 30, 2010 ("Term") unless otherwise terminated by the parties. 2.Parties to the Agreement (a) The Town. The Town is a municipal corporation of the State of Arizona, exercising governmental functions and powers pursuant to Arizona law. 1 The principal office of the Town is located at 11000 N. La Canada Drive, Oro Valley, Arizona 85737. (b) The Institute. The Institute is an Arizona non-profit corporation in good standing, authorized to do business in Arizona, and exists as a tax-exempt organization qualified for federal income tax exemption under section §501(c)(3) of the United States Internal Revenue Code. The principal office of The Institute is located at 4280 N. Campbell Ave., Ste. 214, Tucson, AZ 85718, and will be the Institute's principal office pending the completion of construction of the Institute Facility at a location in Pima County yet to be determined. (c) The Institute is an independent contractor in the performance of all activities, functions, duties and obligations pursuant to this Agreement. The Institute and the Town are not and shall not be considered as joint venturers, partners or agents of each other. The Institute's officers, employees, agents and subcontractors shall not be considered as officers, employees, agents or subcontractors of the Town. The Town and the Institute hereby agree not to represent to anyone that they are agents of one another or have authority to act on behalf of one another. 3. Change in Management or Control; No Assignments (a) The Institute understands and agrees that the qualifications of the Institute are of particular concern to the Town in light of: (i)111110, the importance of the creation of new employment opportunities and the economic p development benefits associated with the scientific and educational activities to be undertaken by the Institute in Pima County; and (ii) the substantial financing and other public aids that have been made available by law and by the government for the purpose of making such economic development possible; and (iii)the fact that a significant change in control of the Institute or of a substantial part thereof, as defined in subsection (b) below, is for practical purposes a transfer of the rights and responsibilities set forth in this Agreement. The Institute further recognizes that it is because of such qualifications that the Town is entering into this Agreement with the Institute. No voluntary or involuntary successor in interest of the Institute shall acquire any rights or powers under this Agreement without the Town's prior written approval. (b) This Agreement may be terminated by the Town if there is any significant change (voluntary or involuntary) in the purpose, intent or control of the Institute that has not been approved in writing by the Town prior to such change. *Nor 2 • (c) The Institute agrees to and shall indemnify and hold the Town harmless from or against all claims, demands and obligations asserted by or from any party who acquires the Institutes interest in violation of this Section 3 and who thereafter claims a right, interest or ownership to this Agreement, arising out of or in connection with relationships entered into by the Institute or its partners with such other party which are in violation or breach of this Section 3. 4.Representations and Warranties (a)The Town represents and warrants that: (i) The Town has full power and authority, including municipal, to enter into this Agreement; and the execution, delivery and consummation of this Agreement by the Town have been duly authorized by all necessary municipal action. (ii) The execution, delivery and consummation of this Agreement by the Town is not prohibited by and does not conflict with any other agreements or instruments to which the Town is a party or is otherwise subject. (iii) The Town has received no notice as of the date of this Agreement asserting any noncompliance in any material respect by the Town with applicable statutes, rules and regulations of the United States of America,the State of Arizona,the Town, or of any other state or municipality or agency having jurisdiction over and with respect to the transactions contemplated in and by this Agreement, and the Town is not in default with respect to any judgment, order, injunction or decree of any court, administrative agency or other governmental authority which is in any respect material to the transactions contemplated in and by this Agreement. (b) The Institute represents and warrants that: (i) The Institute is, and shall remain for the duration of this Agreement, a non-profit corporation duly organized and validly existing under the laws of the State of Arizona, authorized to do business in the State of Arizona and qualified for federal income tax exemption under Section §501(c)(3) of the United States Internal Revenue Code. The Institute has full power and authority to enter into this Agreement, and the execution, delivery and consummation of this Agreement by the Institute has been duly authorized by all necessary action. (ii) The execution, delivery and consummation of this Agreement by the Institute is not prohibited by and does not conflict with any other agreements or instruments to which the Institute is a party or is otherwise subject. (iii) The Institute has received no notice as of the date of this Agreement asserting any noncompliance in any material respect by the Institute with applicable statutes, rules and regulations of the United States of America,the State of Arizona,the Town, or of any other state, municipality or agency having jurisdiction over and with respect to the transactions contemplated in and by this Agreement, and the Institute is not in default with respect to any judgment, J order, injunction, or decree of any court, 3 • administrative agency or other governmental authority in any respect material to the transactions contemplated in and by this Agreement. 5.Town Funding Commitment Subject to Mayor and Council appropriation of funds, the Town will provide a total of$125,000 ("Town Funding") over the next five years to the Institute as hereinafter provided to be used to advance the economic development goals of the Town through direct and indirect economic impacts, such as promoting to the Town of Oro Valley as a primary location for bioindustry business in Southern Arizona. Such expenditures shall be consistent with the applicable Institute budget to be approved by the Town pursuant to Section 6 below. The sum of$25,000 ("Initial Disbursement") will be paid to the Institute within five (5) business days after satisfaction of all of the prerequisites set forth in Section 6 below. Four additional payments in the amount of $25,000 each ("Annual Disbursements") will be made annually beginning in Fiscal Year 2006- 2007 subject to Mayor and Council appropriation and the terms and conditions of this Agreement. 6.Prerequisites to Disbursement of Town Funding (a)Prerequisites to Initial Disbursement (i) Town review of the Institute's business plan for the first five (5) years of operation. 1111110, (ii) Delivery to the Town by the Institute of copies of all organizational documents, including but not limited to, certificate of good standing, determination letter from the Internal Revenue Service of§501(c)(3)tax-exempt status qualification, articles of incorporation and bylaws along with any amendments thereto. (b)Prerequisites to Each Annual Disbursement (i)Mayor and Council annual appropriation of funds. (ii) Town review of the Institute's budget projections for the current fiscal year, beginning on the July 1 of the fiscal year in which such Annual Disbursement is made. 7. The Institute Operating Covenants In consideration for the Town Funding, in addition to the other provisions of this Agreement, the Institute expressly covenants and agrees to comply with the terms and conditions set forth in this Section 7 ("Operating Covenants") for the duration of this Agreement. The Institute hereby affirmatively covenants and agrees for the duration of this Agreement as follows: 4 • (a) To help promote the Town of Oro Valley as a primary location for bioindustry business. (b) The Institute shall remain a nonprofit corporation in good standing authorized to do business in the State of Arizona, and qualified for federal income tax exemption pursuant to Section §501(c)(3) of the Internal Revenue Code. (c) The Town shall have the opportunity to review each of the Institute's annual budgets prior to funding by the Town. (d) The Institute shall maintain a standard, modern system of accounting that reflects the application of generally accepted accounting principles, consistently applied. The Institute shall furnish to the Town the following: (i) Within ninety (90) days after the close of each fiscal year, audited financial statements of the Institute, prepared by independent certified public accountants of recognized standing selected by the Institute, including a statement of financial position (balance sheet), statement of activities, statement of cash flows and statement of functional expenses, and will be prepared according to generally accepted accounting principles, consistently applied. (ii) When requested by the Town, such further information as the Town may reasonably request relating to any such financial statements and/or the use of the 111111, Town Funding. (e) The Institute shall make purchases objectively and independently, free of conflict of interest. The Institute must spend Town funds in a way that would serve the public interest and honor the public trust. (i) The Institute shall comply with all applicable elements and requirements of the Town of Oro Valley Equal Employment Opportunity ordinances. In performing under this Agreement, the Institute shall not discriminate against any worker, employee or applicant, or any member of the public, because of race, color, religion, gender, national origin, age, sexual orientation or disability, nor otherwise commit an unfair employment practice. The Institute will take affirmative action to insure that applicants are employed, and that employees are dealt with during employment, without regard to their race, color, religion, gender, national origin, age, sexual orientation or disability. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. (0 The Institute shall maintain the insurance coverage required pursuant to Section 8 below. (g) The Town shall have such access upon reasonable notice and at reasonable times to the Institute's books and records relating to its operations and business affairs as is required to 5 be afforded under applicable law, provided that this shall not require that access be afforded if such access by the Town would subject to public records law confidential or proprietary information of the Institute, and in such event, the parties shall together develop some reasonable alternative to satisfy the Town's lawful needs. (h) The Institute must comply with all applicable federal, state and local regulations, codes and laws regarding its operations. Nothing in this Agreement constitutes an exemption or grant of a variance from applicable codes and laws. 8.Insurance The Institute shall obtain and maintain adequate insurance coverage during the length of this Agreement. 9.Indemnification The Institute shall indemnify, defend, save and hold harmless the Town and its 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(i) bodily injury or (ii) personal injury (including death), or (iii) loss or damage to tangible or intangible property in either such case caused, or alleged to be caused, in whole or in part, by the negligent or willful acts or omissions of the Institute or any of its officers, directors, agents, 1011110, employees or subcontractors. This indemnity includes any claim or amount arising out of or recovered under the Workers' Compensation Law or arising out of the failure of the Institute 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 except to the extent caused or contributed to by the negligent or willful acts or omissions of the Indemnitee, the Indemnitee shall, in all instances, be indemnified by the Institute from and against any and all claims arising as a result of or based on the above circumstances. It is agreed that the Institute will be responsible for primary loss investigation, defense and judgment costs where this indemnification is applicable. 10.Defaults and Remedies (a) Events of Default. The existence or occurrences of any one or more of the following events shall constitute an event of default (each, an "Event of Default") under this Agreement: (i) Default by the Institute or the Town in the observance or performance of any of the terms, covenants, agreements or conditions contained in this Agreement for a period of thirty (3 0) days after notice thereof; provided, however, that if such default is not curable by the payment of money and cannot reasonably be cured within thirty (3 0) days (but is reasonably susceptible of cure), no Event of Default shall occur hereunder so long as the defaulting party commences such cure within the thirty (30) day period and thereafter diligently and continuously prosecutes same to completion and continues to perform all of its other obligations hereunder during such period. 6 (ii) The Institute's failure to maintain the insurance coverage required pursuant to Section 8 above for the duration of this Agreement. (iii) The existence of any material or intentional misrepresentations of fact by the Institute in any document submitted to the Town pursuant to this Agreement or in connection with the Town Funding. (iv) The inability of the Institute to pay its debts when due; or the existence of a general assignment made by the Institute for the benefit of its creditors; or the filing by or against the Institute of a voluntary or involuntary petition in bankruptcy; or the appointment of a receiver for the commencement under any law relating to bankruptcy, insolvency, reorganization or relief of debtors, of proceedings for the composition, extension, arrangement or adjustment of any of the Institute's obligations; or the suspension or discontinuance of the Institute's business; or a default by the Institute on any other obligation it may have to the Town; or the issuance or levy of a writ of attachment, execution or any similar process against any significant part of the Institute's property that is not released, stayed, bonded or vacated within a reasonable time after its issue or levy. (v) The Institute's failure to cure promptly any violation of any Law or regulation or the Institute's failure to comply promptly with any provision of any notice, issued by or filed in any department of any governmental authority having jurisdiction over the Institute; or the Institute's failure to furnish to the Town, immediately and without demand, a true copy of any notice or other document received by or available to the *Or Institute disclosing any such requirement or violation of any such law or regulation. In this regard, "promptly" shall be deemed to mean within thirty (30) days after the giving of written notification to the Institute of the existence of such violation or notice or other document or, where such cure or compliance cannot be fully effected within thirty (30) days, then the commencement of the action to cure or comply within the same thirty(30)days. (b) Remedies. In the event of any Event of Default as aforesaid and if any such Event of Default shall not be cured and shall be continuing thirty (30) days after notice of such Event of Default, the non-defaulting party may, to the extent permitted by law, take whatever action at law or in equity as may appear necessary or desirable. (c) Attorneys' Fees and Costs. If any legal action is instituted pursuant to this Agreement, the prevailing party in such action shall be reimbursed by the other party for all costs and expenses of such action, including reasonable attorneys' fees as may be fixed by the Court. 11.Notices,Demands and Communications Between the Parties All notices, demands or other writings in this Agreement provided to be given, made or sent by any party hereto to other parties shall be deemed to have been fully given, made or sent when made in writing and personally delivered, transmitted by telefax or received by United States postpaid registered or certified mail and addressed as follows: *Ow To The Institute: 7 The Critical Path Institute 4280 N. Campbell Ave., Ste. 214 Tucson,AZ 85718 To Town of Oro Valley: Oro Valley Town Manager 11000 N. La Canada Drive Oro Valley, AZ 85737 The address to which any notice, demand or other writing may be given, made or sent to any party may be changed by written notice given by such party as above provided. 12. Approvals Wherever this Agreement requires a party to approve any contract, document, plan, proposal, specification, drawing or other matter, it shall be delivered to the attention of the Town Manager's Office. Approvals shall not be unreasonably withheld or delayed. 13. General Provisions (a) Conflict of interests.No member, official or employee of the Town shall have any direct or indirect interest in this Agreement, nor participate in any decision relating to the isacknowledge that this Agreement which prohibited by law. The parties hereto ackno Agreement g is subject to cancellation pursuant to the provisions of A.R.S. § 38-511. (b)Warranty Against Payment of Consideration for Agreement.The Institute warrants that it has not paid or given, and will not pay or give, any third person any money or other consideration for obtaining this Agreement, other than normal costs of conducting business and costs of professional services such as architects, engineers,realtors and attorneys. (c) Non-liability of Town Officials and Employees. No member, official or employee of the Town shall be personally liable to the Institute, or any successor in interest, in the event of any default or breach by the Town or for any amount which may become due to the Institute or successor, or on any obligation under the terms of this Agreement. (d) Non-Availability of Funds. Every payment obligation of the Town 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 Town at the end of the period for which funds are available. No liability shall accrue to the Town in the event this provision is exercised, and the Town shall not be obligated or liable for any future payments or for any damages as a result of termination under this paragraph. (e) Enforced Delay; Extension of Time of Performance. In addition to specific provisions of this Agreement, performance by any party hereunder shall not be deemed to be in default where delays or defaults are due to war; insurrection; strikes, lock-outs; riots; floods; earthquakes; fires; casualties; acts of God; acts of the public enemy; epidemics; 8 quarantine restrictions; freight embargoes; lack of transportation; governmental restrictions Star or priority; litigation; unusually severe weather; inability (when either party is faultless) of any contractor, subcontractor or supplier; acts of the other party. An extension of time for any such cause shall only be for the period of the enforced delay, which period shall commence to run from the time of the commencement of the cause. If, however, notice by the party claiming such extension is sent to the other parties more than thirty (30) calendar days after the commencement of the cause, the period shall commence to run only thirty (30) calendar days prior to the giving of such notice. Times of performance under this Agreement may also be extended in writing by the parties hereto. (f) No Waiver. Except as otherwise expressly provided in this Agreement, any failure or delay by any party in asserting any of its rights or remedies as to any default, shall not operate as a waiver of any default, or of any such rights or remedies, or deprive any such party of its right to institute and maintain any actions or proceedings which it may deem necessary to protect, assert or enforce any such rights or remedies. (g) Severability. If any provision of this Agreement shall be found invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall not be affected thereby and shall be valid and enforceable to the fullest extent permitted by law. (h) Captions. The captions contained in this Agreement are merely a reference and are not to be used to construe or limit the text. ‘110, (i) Entire Agreement, Waivers and Amendments. This Agreement is executed in three (3) duplicate originals each of which is deemed to be an original. This Agreement constitutes the entire understanding and agreement of the parties. This Agreement integrates all of the terms and conditions mentioned herein or incidental hereto, and supersedes all negotiations or previous agreements between the parties with respect to all or any part of the subject matter hereof. All waivers of the provisions of this Agreement must be in writing and signed by the appropriate authorities of the Town or the Institute, and all amendments hereto must be in writing and signed by the appropriate authorities of the parties hereto. (j) Employment and Organization Disclaimer; Independent Contract Status. This Agreement is not intended to, and will not constitute, create, give rise to, or otherwise recognize a joint venture, partnership or formal business association or organization of any kind as existing between the parties, and the rights and the obligations of the parties shall be only those expressly set forth herein. Neither party is the agent of the other and neither party is authorized to act on behalf of the other party. (k) Termination of this Agreement. Either party may terminate this agreement with 90 days notice without cause. In the event the Town terminates this agreement,the Town shall pay the pro rata portion of the $25,000 it owes for that year as measured by the termination 4111110, date. In the event of termination of this agreement, there shall be no further payments from the Town to the Institute except the pro rata share outlined in this section. 9 IN WITNESS WHEREOF,THE PARTIES HERETO EXECUTE THIS AGREEMENT this day of ,2005. TOWN OF ORO VALLEY, a municipal corporation Paul H. Loomis, Mayor ATTEST: Kathryn E. Cuvelier, Town Clerk THE CRITICAL PATH INSTITUTE (The Institute), an Arizona non-profit corporation APPROVED AS TO FORM Melinda Garrahan, Town Attorney r. mond Woosley, Pres./ O Date: (ia2A a Y� fidr)( Witness to Authorized ignature '�Mr► 10 TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: November 16, 2005 TO: HONORABLE MAYOR & COUNCIL FROM: Dee Widero, Senior Zoning Inspector SUBJECT: REQUEST BY PROPERTY OWNERS OF EVERGREEN REAL ESTATE DEVELOPMENT TO NAME A PRIVATE STREET FOR THE STEAM PUMP VILLAGE PHASE I DEVELOPMENT. SUMMARY: Evergreen Real Estate Development, the property owners of Steam Pump Village Phase 1, request to officially name theirp rivate street. The suggested name is Steam Pump Way. The naming of this street would better identify the intersection. Ms. Marks, Addressing Official for Pima County has reserved the new name choice in the Pima CountyAddressing database until the Town of Oro Valley Council has reviewed and approved the street name. Neither Pima County nor Town of Oro Valley staff has objections to this request. RECOMMENDATIONS: Kay Marks, Pima County Addressing Official has approved the new name. The Town of Oro Valley has no jections to this request. SUGGESTED MOTIONS: The Town Council may wish to consider the following motions: I move to approve the naming of the private street to Steam Pump Way. ATTACHMENTS: 1. Pima County's approval letter 2. Map Planning and Zoning dministrator Community Development Director 6..A412d) Assistant Town Manager 9 fjJ f "own Manager . Sep e as Y , : « Y ADDRESSING DEPARTMENT 201 N STONE AVE, 1ST FLOOR a II 14 - Services TUCSON, ARIZONA 85701-1207 KAY MARKS ADDRESSING OFFICIAL PH: (520) 740-6480 FAX#: (520) 740-6370 September 27, 2005 Town of Oro Valley Community Development 11000 N. La Canada Dr. Oro Valley, AZ 85737 Attention: Shirley Gay Re: Street Name Request"Steam Pump Way" Dear Shirley; I have been requested by Evergreen Real Estate Development to approve the naming of a private street located in the new development of Steam Pump Village Retail Center. Phase I is an approved Development Plan, DP Book 28, Page 65. Phase II is currently being reviewed under project 0V12-03-16A. The proposed private street intersects with Oracle Road and will circulate traffic through the retail center and will exit back onto Oracle. There is a traffic light on Oracle Road at the southern entrance into the new retail center. By naming the private street the intersection will be identified and may prevent delays in the event of emergencies. The proposed name "Steam Pump Way" meets the requirements of Pima County Addressing and has been approved and reserved for their use. Please inform me of the scheduled date of the Town Council meeting and any concerns you may have in this request. When approved, please mail me a copy of the recorded documents and we will proceed with notifications of approval. - -1 K.y Mar s Addressing Official • EVE RG RE E N REAL ESTATE DEVELOPMENT (0010, 2390 E Camelback Rd, Suite 410 - Phoenix, Arizona 85016 - P: 602.808.8600 - F: 602.808.9100 200 N Maryland Ave, Suite 201 - Glendale, California 91206 - P: 818.240.8727 - F: 818.240.1823 September 19, 2005 Pima County Development Services Addressing Division 201 N Stone Ave, 1st Floor Tucson, AZ 85701 Re: Street Names RE: STEAM PUMP PRIVATE STREET This letter is a request for naming a private street within Steam Pump Village, a commercial shopping center development in Oro Valley. Although there is not a public street that bisects the property, a traffic light is located along Oracle Road, adjacent to the project, whereby customers can make full turn movements to get into and out of the p property. This light feeds a private drive that circulates traffic throughout the project and then loops around and reconnects to Oracle Road north of the traffic signal. We request this traffic signal to be identified with the sign "Steam Pump fes." The name has already been reserved by us. Please see the attached site plan for the location of the private drive. If you have more questions or need further information, please contact Clint Jameson at 602 808 8600. EVERGREEN—STEAM PUMP, L.L.C. an Arizona ► ' ed liabi..ty company By: tri CA:\1)" v John E. Simon Cathleen L. Simon 11110, PLEASE SEE ATTACHED FOR SIMON SIGNATURES 09/17/2005 , 21:52 5282199511 JOHN SJMON PAGE 02/02 SEP--16-20e5 12:11 EVERGREEN DEUCO INC 602 808 9100 P. • EVE RGRE E N REAL ESTATE D!VELOPMVIT 2390 E Can,clback Rd, Suitr 410 - Phoenix, Arizona 65016 - Pi 601.808.9600 • 1 60210$.9100 100 N Maryland Avc, Suit- 201 - C:rliforn.. 91206 Pt 8(C240,8727 - h 818.240 September 14, 2005 Pir la County Development Services Ad Tres sing Division 20: N Stone Ave, 1't Floor Tui:son, AZ 85701 Re Street Names RE : STEAM PUMP PRIVATE STREET This letter is a request for naming a privE.te street within Steam Pump Village, a commercial shopping center development in Om Valley. Although there is not a public � g strut that bisects thero erty,a traffic light is located along Oracle Road, adjacent to the p � prcject, into'ect whereby customers can make full turn movements to get into and out of the rc , This light feeds a private drive that circulates traffic throughout the project and P PAY � tht ni loops around and reconnects to Oracle Road north of the traffic signal. We request that; traffic signal to be identified with the sign"Steam Pump Loop." The name has air:ady been reserved by us. Please see the attached site plan for the location of the private drive. If you have ,mc re quegtions or need further information, please contact Clint Jameson at 602 808 86)0. E�'ERGREEN—STEAM PUMP, L.L-C- an Arizona Limited liability company B : Its' 4'01.'12 Simon dair thicen L. Simon .L , . 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Walgren Oro Valley resident and World War II veteran Sherman E. Walgren will be making a brief presentation to the Mayor and Council in appreciation for the honor that he received last year when the Town declared November 4, 2004, as "Sherman E. Walgren Day." Bob Kovitz, Governme taI and Community Relations dministrator Chuck Sweet, Town Manager How is Pima County preparing How can I keep from getting the for pandemic flu? flu? • Yearly flu shots for individuals at highest risk • Surveillance • Participating in state and • Promoting flu vaccine national planning efforts • Avoid being around sick people during flu season • Monitoring trends in • Encouraging"respiratory influenza like illnesses • Stay home from school or work if you are ill hygiene"in public places around the world • Working with local • Facilitating laboratory • Cover your coughs and sneezes hospitals and health care testing for cases of facilities to assure they influenza like illness • WASH YOUR HANDS FREQUENTLY have surge plans in place • Community education to :..;.... .:::..4::',o»..::.:,•:::v"## tt}.2•i.',.J:.J.::;:.•,at.}.:{%,,.s#yv ..:::.,#r+ 4r :i}!:•.ii•.'•.i: n.),}. .. ,;��. :j<::i:;%:;:<i{:i.!;.aY,�-,.::•i�i:,ii:}:t:4:,,,. n v.,..... .•;. �'+,�''•".".,':Ji Lti�y n•''C''{:v ,Ak� nC+� 4J:):N;i�c+�� �:n:vv: .vvn x• 1� \4 ':•. .l�nr;:.,\,..{�::4:,:{.:}...,.�:.}};!•;Y-i. -:"..: •.•..�•.,. :• J.\. r1�i`"::``'.. -,4,,ka a:xaws£t�a�rn,Z,,Swnnw,,,•,a`.x? .. &.4,,.n.»•...:.,•.... +a,:wl»...,J.a.....:.,,. ....... ••:.:...ter:....... ........... Who should get the vaccine? Who should get the vaccine? • Persons 65 and older • Infants and toddlers 6 to 24 months of age • Residents of nursing homes&other care • Women who will be in the second or third trimester facilities that house persons with chronic of pregnancy medical conditions • Health care workers • Adults&children with certain chronic diseases • Close contacts to infants under 6 months of age t•. .< :.,.,:.is•., { .:,.. n J.t^v<' .`t#r' %Y+ Ri;}';. :r+„r•r ...r.r:;r:r •!:a alt ---¢,. C't,,. •t ti } J,^•?r. '.Y' C•• r.�.C•a..,:n...,...!}, ••:,J:u•'4•:•x:.... ..:.n:'fi ,..... !:. v:::.,,:,•::.,:•:.,.... ��:::.::n:v.�tl:::{::. What can Oro Valley Town Council Training Opportunities do to prepare for pandemic flu? • All elected officials should go through • IS 100: Introduction to Incident Command formal training in "NIMS"and "ICS" System • Oro Valley should appoint a • IS 700: National Incident Management System, "preparedness coordinator"who might an Introduction participate in regional planning efforts Available on line at • Oro Valley should have a representative http://training.fema.gov/VCNew/VCNew0101000.htm. who will sit in the Emergency Operation's Center during any emergency or disaster. .....:.}:::...,.. :r/.....:...s...n.r..:a... ................,.... :.....,..:}.....,•......»rx.....,,........................,,,•4. .:::: r.rr: :.;r::. :;.. 1111111111114111116~M„.:::!""MESSNIMM, r•.�:rn....,...ri y..,n, f .,.. {�yy,..{..na};n:^}n>•!J'•:f,: T' ..... ...}r. .,,•.,, •:.�••. a...... .�•:•�•:}�}Y}+JJ.\v}:.:':}nC..:Mt:4•:'R. a•:::�t`.,�\\x., ...,v,�:,tp w:x:.v.vn,..:::::n.a:n•.,�.,.;..v;.},.... � ::4.a, '-�„ ::h�:::...}�i^-.,•.,..Rx,:.>.:..,,\y,'.•\a,.. 'rr•tir}}:>t}:}..v..\....}.t3E:}}J'• ::nv�.:•.:•:fav , £" n..... ....,•{rJ::::.x.,r�.'�c::Yk•`:12X;:Y::...: � �.•�"i.• •,• �k,awn, .\.A ra'i, \.}:vJ}!ii!!:!!:v!::.�. ... ., ..,.:.a...............................::::rwnv:::::.v.:v:,.•.}::x::::::n:i:}:?::.rn::.:vr}:.v. ...�:::.:::.,•.•..,.�:..,•::.:.#»�•:•:•:{{•:.::::. v.:':+•:,,n.. 2 ,7:71:-e...1 What is influenza? PANDEMIC FLU • A virus with multiple strains Presentation to Oro Valley • Primarily 2 types that affect humans,A and B Town Hall Council • In humans it is primarily a respiratory illness Michelle McDonald,MD • Ranges in severity from fever,body aches and Chief Medical Officer upper respiratory symptoms to pneumonia and Pima County Health Department death November 16,2005 vrfn .:l' �{, {�' .:.}j!:''i. '..r L{.f. ;.}..+;\v, .{:::::...v. n• �r:.: :::..:..: �iX{Y, .:is}}::+4 .i;;,p", �4' n^>}n. y, .S�.n.. ,+.Y' �J '• :..:5}:;i�ii:„ }♦ •v 1£:}:i}v:C•'�Cj::{}"\•. 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'\L•}. v{h' :Stir �( w..F. ?'Y{+n, +�. ^'S{• ':j ..K > i'r§-.: �/.tlf: 'L'- .y/1 '}11::::........ !G::%54.:i::�i:;�:n vi:, ♦' Y fi•.v`N.x. '..r��.c.£:}{{;+,iti n': :Y •riX:. 'r};r`:.�'4i. �ti 'Y•+�< :LLS:,}.tiy}+}, ;4;� \\.`\ :\.f+.:. ?^C'}r •L,`.`v`;{++r y.:.n .Y\. {•.`x•.\fi:•. ':,� ,qua;,\l\, -�:Nv^\�• .`i..:a.,, -,>}v„}:..a,-.,.....,:::, l ,n #„�� � �..�`.• \{ .:<Si1�.V"`?�".•• v.n,�''"L ::Xh\+� l.�....�. Q ��yy��{Cyy"",�, {} Y\•••. .:K::i:J\•.:'\\,::v..}i?:\LC:<4.}Y:Li•.:::.�:.. i;}v:n•.+v•. ., v...,. .,,w.va•nw ,•..a,v.:•. ,•.v:.,.,' . r.r}..�•}:•::{..........+'^A:....{.�n„.,,.v.,v.•...................................................... What is a pandemic? Pandemic or not? • An outbreak of a disease that occurs in many Well,not yet. different countries at the same time. Public health experts believe there will be a pandemic sometime,but there is currently no flu virus that • A pandemic of flu occurs when a new flu virus meets all the requirements. rapidly spreads from country-to-country around The"avian flu'currently comes the closest. But if the world. there is a flu pandemic,there is no guarantee that the H5N1,or"avian flu"will be the one. • Three conditions must be in place for a flu pandemic: a new virus with little or no human immunity,highly pathogenic,and it must spread easily from person to person. 1 TOWN OF ORO VALLEY "r)UNCIL COMMUNICATION MEETING DATE: November 16, 2005 TO: HONORABLE MAYOR & COUNCIL FROM: Kathryn Cuvelier, Town Clerk SUBJECT: PRESENTATION BY PIMA COUNTY HEALTH DEPARTMENT CONCERNING THE BIRD FLU PANDEMIC SUMMARY: At the request of Vice Mayor Gillaspie, Dr. Michelle McDonald from the Pima County Health Department will be reporting on the Bird Flu Pandemic and the current strain of flu facing Arizona today. C_,WAJLZ Depattment Head / • Town Manager Te What is influenza? PANDEMIC FLU • A virus with multiple strains Presentation to Oro Valley Town Hall Council • Primarily 2 types that affect humans,A and B • In humans it is primarily a respiratory illness Michelle McDonald,MD • Ranges in severity from fever,body aches and Chief Medical Officer upper respiratory symptoms to pneumonia and Pima County Health Department death November 16,2005 4001414.1., > .es1•�t.,<!!L`v.3• J4n�,:"v Viyt.�;;:-.' „"KrY1•..1: � v �'!f0r � ' � ,.xM,�<•.3•'•" n r��Nf;<SX.�..<SiF3.�• K...j�••'?bS� aSv G;$.>;^S��t.�>2:)•4..:I�t.a':<.5fy;.>.; 't�.4a.x'�,:Y',�^'.''�``?•,•.i.:''%:a<y��•wC:-.5. ..� '•:„'�' ,:.w:.. .:•nv+.,,n. n•n,... . 2,i<,v JM;?i vjMt�-,.. `\ `�' \> > �i\. <.\v..v1:.'};2:fM....:�:\.?'."i...v.,:...:.,-....-..n.....:rw..:'..,�,.a,:`,.!N..,..'`YA'^".n.�c3YLK>.w.:..::n..::.....''•.:'...,..Y'i:`� .v,�, `�.�w,3.,.',:;`t+ ":.i.;.:v :t.'n:2:_.; w.,.>. `'� ,�.,�`•..<`2:.c:w o-'.. 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K• li -I - - Ng..OR NW PIE ''' ........., ilhalreadielriffl.111212.% , ,.. v "1:i''''' p ..,-.,, iii , z :71.... .......... 1 ...-. -..."0---- ' M C r • ''_ _ . --..;4,- -F rD _____ _ a 0 , r , - ..•..... i 1 ` 0 f f."'''' L r : .-.. •1 - \ 0_ ,i :-.- 1;--- -- !M -p r 1 TOWN OF ORO VALLEY 4 COUNCIL COMMUNICATION MEETING DATE: Nov. 16th , 2005 TO: HONORABLE MAYOR & TOWN COUNCIL FROM: CHUCK SWEET, TOWN MANAGER SUBJ: REGIONAL TRANSPORTATION AUTHORITY PLAN (RTA) AND PROPOSED ELECTION — MAY 2006 SUMMARY: Last year, the Governor signed into law a bill passed by the Legislature enabling our region to form a regional transportation authority to address our increasing transportation demands. A recent planning effort shows the region faces at least a $4 billion shortfall in terms of transportation improvements and maintenance over the next 20 years. The Regional Transportation Authority (RTA) Board is comprised of elected officials from each of the area jurisdictions, including the Pascua Yaqui Tribe and the Tohono O'odham Nation, as well as a Governor-appointed member of the Arizona State Transportation Board. Mayor Loomis is Oro Valley's representative on the RTA Board of Directors. The RTA Board formed two committees to work together to prepare a 20- year plan to take out to the public. This includes a 35-member Citizens Advisory Committee (CAC), and a 22-member Technical/Management Committee (TMC). The committees have been working since January to prepare a multi-modal plan that addresses regional mobility, safety, and alleviates traffic congestion for our current residents. General Wickham and Tom Bush have represented Oro Valley on the Citizen's Advisory Committee (CAC) and the Town Manager has represented Oro Valley on the Technical/Management Committee (TMC). The RTA has also held several rounds of public outreach throughout the entire county. Twenty-seven public meetings have been held, along with dozens of presentations to interested organizations (including civic groups, neighborhood associations, professional organizations, etc). The RTA also staffed a booth at the annual fall home show, attended by thousands, and distributed a brochure through the Sunday paper in September. After collecting and considering volumes of public input, and meeting over 40 times since January, the CAC and the TMC reached consensus during a joint session on October 24 on a draft regional transportation plan for the RTA. On October 26, the RTA Board accepted the plan and directed that it be forwarded to the area jurisdictions for their review and comment. This citizens' based planning process resulted in a draft plan with four main elements: ■ Roadway improvements, which also include bike lanes, sidewalks, landscaping and associated enhancements with each roadway project. TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 2 of 3 • Transit enhancements, including extended SunTran service hours, frequency improvements, new and enhanced regional express service, transit circulator service, new park-and-ride centers, and improved paratransit service. • Safety improvements, including improved intersections, bus pullouts, elimination of key at-grade railroad crossings, safety upgrades for other at-grade railroad crossings and unsafe or deficient bridges, elderly/pedestrian safety improvements, and improved signal coordination. • Environmental and economic vitality, including regional greenways, bikeways, pathways, critical wildlife linkages, and small business assistance. Projects contained in the RTA plan of special interest to the Town of Oro Valley are listed below. 1. La Canada Drive widening from Calle Concordia to River Road. 2. La Cholla Boulevard widening from Magee to Tangerine Road. 3. Tangerine Road widening from 1-10 to La Canada Drive 4. Magee Road widening from La Canada Drive to Oracle Road. 5. Oro Valley Transit Circulator On November 30, the RTA Board is preparing to forward a final plan to the Pima County Board of Supervisors, and ask them to call for a countywide election to allow the voters to decide on the plan in May 2006. If passed by the voters, the plan and excise tax would generate about $2.1 billion over a 20-year period. ATTACHMENTS: 1. Proposed RTA Project List 2. RTA Recommended Roadway Improvements map 3. RTA Recommended Transit Improvements map 4. RTA Project Description "Key Corridors" Narrative and Maps FISCAL IMPACT: The Town has programmed impact fees in the amount of$1,000,000.00 for the Tangerine Road project and $800,000.00 for the La Cholla Blvd. project. TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 3 Of 3 SUGGESTED MOTION: The Town Council may wish to consider one of the following motions: I move that the Mayor and Council of the Town of Oro Valley endorse the RTA plan, and support placing it on the ballot for consideration by the voters of Pima County in May 2006. Or I move to deny support for the motion, #11P /di Chuck Sweet, `own Manager Proposed RTA Projects (Dollars in Thousands) RTA Costs Adjusted Project I. Highway Improvement Element Oct. 25, 2005 Budgets 11 1 22nd Street, Camino Seco to Houghton $ 6,190 $ 6,066 2 22nd Street, 1-10 to Tucson Boulevard $ 107,094 $ 104,952 3 Barraza/Aviation Parkway, 1-10 to Broadway $ 77,688 $ 76,134 4 Barraza/Aviation Parkway, Palo Verde to 1-10 $ 20,000 $ 19,600 5 Broadway Boulevard, Euclid to Country Club $ 42,985 $ 42,125 6 Broadway, Camino Seco to Houghton $ 6,705 $ 6,571 7 Camino de Manana: Tangerine - Linda Vista $ 6,311 $ 6,185 8 First Avenue, River Road to Grant Road $ 72,855 $ 71,398 9 First Avenue: Orange Grove to Ina Road $ 6,690 $ 6,556 10 Frontage Road (1-19), Canoa to Continental Ranch $ 4,000 $ 3,920 11 Grant Road, Oracle Road to Swan Road $ 164,133 $ 160,850 12 Harrison Road, Golf Links to Irvington (Bridge only) $ 6,284 $ 6,158 13 Houghton Road, 1-10 to Tanque Verde $ 97,288 $ 95,342 14 Irvington, West of 1-19 $ 10,000 $ 9,800 15 Wilmot North of Sahuarita Road $ 10,000 $ 9,800 16 Kolb Road Connection with Sabino Canyon $ 9,301 $ 9,115 17 La Canada Drive, Calle Concordia to River Road $ 28,230 $ 27,665 18 La Cholla Boulevard, Tangerine to Magee $ 43,095 $ 42,233 19 La Cholla Boulevard, River Road to Ruthrauff $ 15,061 $ 14,760 20 Magee/Cortaro Farms, La Canada to Thornydale $ 30,173 $ 29,570 21 Magee, La Canada to Oracle $ 5,969 $ 5,850 22 Railroad Overpass at Ina Road $ 34,916 $ 34,218 23 Ruthrauff @ 1-10/ RR Overpass $ 60,575 $ 59,364 24 Railroad Underpass at Grant Road $ 38,145 $ 37,382 25 Sahuarita Rd, 1-19 to Country Club Rd $ 31,413 $ 30,785 26 Silverbell Road, Ina Road to Grant Road $ 43,523 $ 42,653 27 Speedway Boulevard, Camino Seco to Houghton Road $ 14,415 $ 14,127 28 Sunset Road, Silverbell to 1-10 to River Road $ 13,024 $ 12,764 29 Tangerine Road, 1-10 to La Canada Drive $ 46,250 $ 45,325 30 Tanque Verde Road, Catalina Highway to Houghton Road $ 13,095 $ 12,833 31 Twin Peaks Road, Silverbell to 1-10 including. 1-10 T1 $ 31,380 $ 30,752 32 Valencia Road, Ajo to Mark $ 15,364 $ 15,057 33 Valencia, Kolb to Houghton $ 26,410 $ 25,882 34 Valencia Road, 1-19 to Alvernon (controlled access) $ 10,000 $ 9,800 35 Valencia Road, Alvernon to Kolb Rd (improvements) $ 44,182 $ 43,298 Subtotal $ 1,192,744 $ 1,168,889 II. Safety Element 36 Intersection Safety and Capacity Improvements $ 100,000 $ 100,000 37 Elderly and Pedestrian Safety Improvements $ 25,000 $ 25,000 38 Transit Corridor Bus Pullouts $ 30,000 $ 30,000 39 At-grade Railroad Safety/Bridge Deficiencies $ 15,000 $ 15,000 40 Signalization Technology $ 15,000 $ 15,000 Subtotal $ 185,000 $ 185,000 11/4/2005 Page 1 III. Environmental Enhancements 41 Greenway, Pathways, and Bike Element $ 55,000 $ 55,000 42 Transportation-related Critical Wildlife Linkages $ 45,000 $ 45,000 43 Small Business Assistance $ 10,000 $ 10,000 Subtotal $ 110,000 $ 110,000 IV. Transit 44 Weekday Evening Service Expansion $ 38,487 $ 37,717 45 Weekend Service Expansion $ 19,560 $ 19,169 46 Frequency and Area Expansion $ 181,869 $ 178,232 47 Special Needs Transit $ 111,057 $ 108,836 48 Circulator Systems $ 25,366 $ 24,859 49 Express Service Expansion $ 63,838 $ 62,561 50 Downtown/University high-capacity transit (streetcar) $ 89,517 $ 87,727 51 Park-n-Ride transit facilities $ 15,000 $ 14,700 Subtotal $ 544,694 $ 533,800 Grand Total $ 2,032,438 $ 1,997,689 1/ Based on the jurisdictional recommendation on November 2, 2005 to design and implement projects based on 98% of the estimate. This 2 percent difference may also be funded with additional federal earmarks, private contributions, ADOT participation, and other viable funding sources. 11/4/2005 Page 2 Pinal County lair— --�=----�.— �——'19"1"1""''..—"*.-- ..'"-----.""4""---------""P'"---r Pima CountyPNIN lir Oro Val ley/Catal ina Regional Fi A l 3 -4 d Transportation 3 0 Authority iiii0 S S' 0 N = This map is for illustrative purposes only. RTA - Marana_ 10 Tangerine Rd Recommended Transit Improvements ji 1i O 1 Twin Peaks Rd -7 \__ Magee Rd — n �I aRd • —i - f \'\ . 7-- ', ��� iper s , v Y '•.Ra 1F � a. " " Grant Rd -�'-�' i \ " �,�� =MEP NM — Speedway Blvd \ ,---- i �� NE�� i` - Broadway Blvd \ .. .....„,, ear i■�ii, ' 22nd St \ I�.. ,�. '%c MIMI,r„ _ iii wiz Golf Links Rd , ______,— , \ / %Ai r-: ','-' . i \, Iibi X11,(11111,421; ,~mak • II • , . WM r,`, ,. \ ,,, .• ..,4,-,. o — — Ili Valencia Rd I.iiIi _U1iL „, 1 • 1 1 011111i4 I i ~ � �,.. ;` • Valencia Rd 10 r-. ,__1 ____1___4 -,__*.., ,, ", '4 7__ .. , 0 '''''. i' , illi, , . ,, a\ N. , N New Low Floor Bus a x a a __,.••••001111.11111121 ---. el ~'h 10 t M1 i y *ti A <« t til lj6.,..„4-:..., ,_ New Express Bus Sahuarita - [3� Sahuarita Rd I .� '-~' •. \ ,----,- i ho is 1. 1 1 I w I ..in..." Improvements to Current Bus Routes ..44 .4/,+ p...:: �� l , Green ValIey { ! ! Bus Route Extensions C _'' ,IRA II New Express Routes _ I k '• ill �� co•i Enhanced Express Routes J ' I,. l nt I , ? -. Existing Bus Routes ETT1 1 Modern Streetcar Alignment - ,f ....::,-n Streetcar --/-.„ 0 Current Transit Centers •j Q New Bus Maintenance Facility i'. / '(�y O New Park-and-Ride The RTA's regional partners include: -1 Pima County,City of Tucson,Town of Oro Valley, 0 2 4 6 143 New Transit Circulators Town of Marana,Pascua Yaqui Tribe, Miles Tohono O'odham Nation,City of South Tucson, Town of Sahuarita,Arizona Department of Transportation and Pima Association of Governments. `' , Pima County _—_—_—_—_-------------------------- 1----------------'.4 __ _ ---- WORKING DRAFT r — Santa Cruz County SUBJECT TO REVISION l October 26,2005 Pinar County __,, ---------_---�e------------- Pima County Negiro t Trans rtat 0 ,- �j!' :alb: uthority _� � oo 3 = n O W This map is for illustrative purposes only. 0 K s o 10 _ RTA .1a�ia c.� v a > , ._..14._ , Tangerine Rd Q Recommended 1 RoadwayImprovements co 0 i p II H _ Twin pe � 18 _ r RTA Projects t il T — aks Rd Ga 1 O 31 plus other Magee RdComm itted "Funded" AO @ Q 4�Ina Rd Improvements ---i- , CAI No ® , is . i ,,,. c) gi7) , ,, g) °IL Ill ( Ailla Note:See lower right legend. Committed A„0RY,erRa. Iryimprovements are funded by existing revenue :...I ® a 'a 0 sources and are not RTA funded projects. -1—.1'. 1 Grant Rd a 3 0 30 Tanq a V�de Rd sem. n maintenance improvements ® 11 ■` �i:� Speedway Blvd Other roadway,bridge and a p _�• also will be funded byexistingrevenue sources. ���- CI URUS Broadway Blvd 1�; jj _ © 1 t AMC l a'ea? • R. i' 22nd St a IIIRL.:41711111111111K,_® _ Golf Links Rd °4/104g. \ Mire� 1 Escalante Rd' ©I� tRd N Irvington Rd pointegi NI, Irving xi Valencia Rd rIII1!IiiIII a A:: 0, �` _ "\‘. c- ,f , N__ i r .L H a ,,,,„0 m 0. 1 19 1�,. \1111111444k ©1 i Roadway Capacity Projects I 1 22nd St-Camino Seco to Harrison Rd \--4 �, 2 22nd St-1-10 to Tucson Blvd/Barraza Aviation '' 3 Downtown Links-1-10 to Broadway Blvd 4 Barraza/Aviation Parkway-Palo Verde Rd to 1-10(Right-of-Way Only) Sahuarita Rd _ 5 Broadway Blvd-Euclid Ave to Country Club Rd -, r 1 , ) 6 Broadway Blvd-Camino Seco to Houghton Rd 7 Camino de Manana-Linda Vista Blvd to Tangerine Rd _ IP' 8 First Ave-River Rd to Grant Rd 1 9 First Ave-Orange Grove Rd to Ina Rd 10 1-19 Frontage Rd-Continental Rd to Canoa Rd 11 Grant Rd-Oracle Rd to Swan Rd RTA Projects 12 Harrison Rd-Pantano Bridge Only . 0 13 Houghton Rd-1-10 to Tanque Verde Rd RTA Regional Corridors 14 Irvington Rd-Santa Cruz River to 1-19 15 Wilmot Rd-South of 1-10(Pave Existing Dirt Road) itomm Proposed RTA Road 16 Kolb Rd-Sabino Canyon Rd Connection Improvements 17 La Canada Dr-Calle Concordia to River Rd 18 La Cholla Blvd-Tangerine Rd to Magee Rd ,finentallLa• ___ Preserve Right-of-Way 19 La Cholla Blvd-River Rd to Ruthrauff Rd 20 Magee Rd/Cortaro Farms Rd-La Canada Dr to Thomydale Rd \ it i Ill Interchange and Railroad 21 Magee Rd-La Canada Dr to Oracle Rd 22 Railroad Overpass-at Ina Rd c - P 23 Railroad Overpass-at Ruthrauff Rd atio°'� O'I I Committed��FUnded��24 Railroad Underpass-at Grant Rd hte. 25 Sahuarita Rd-La Villita Rd to Country Club Rd ,cha4 Improvements 26 Silverbell Rd-Ina Rd to Grant Rd 8e Road Improvements 27 Speedway Blvd-Camino Seco to Houghton Rd -'-'- 28 ' 28 Sunset Rd-Silverbell Rd to 1-10 to River Rd e Interchange and Railroad _id‘29 Tangerine Rd-1-10 to La Canada Dr 30 Tanque Verde Rd-Catalina Highway to Houghton Rd 31 Twin Peaks Rd-Silverbell Rd to 1-10 including 1-10 Interchange0 Miles 6 8 32 Valencia Rd-Ajo Way to Mark Rd 33 Valencia Rd-Kolb Rd to Houghton Rd 34 Valencia Rd-1-19 to Alvernon Way(Access mgmt) Pima County --_--j----------_—_—_—_—_—_—_�_—__ 35 Valencia Rd-Alvernon Way to Kolb Rd •--�-- ---- ----- WORKING DRAFT manta Cruz County SUBJECT TO REVISION • October 27,2005 1 0 • N co b13 al a i I i 1 8 34.4 .. 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Z r 2. 1 g = tz pz c ( C CI gz g 2 8 O -4g = 7: g 2i: — ier, Fl 7 1 CI i E 2. 1 0 © © n CI. = ii e cli n C„, P: CA ,,:i 2 ,E,•,, n n c,:, ,-% ml cm: ,::: ,-1 54 91 0 16.1* 4 3. rg ml Oc. © NI C ra TOWN OF ORO VALLEY 5 Page 1 of 1 COUNCIL COMMUNICATION MEETING DATE: 11/16/05 f 0: HONORABLE MAYOR AND COUNCIL FROM: Melinda Garrahan, Town Attorney ORDINANCE NO. (0)05-45 SUBJECT: PROPOSED REGULATION OF PSEUDOEPHEDRINE AVAILABILITY IN ORO VALLEY TO CURB METHANPHETAMINE PRODUCTION. SUMMARY: The documented increase in Methamphetamine ("Meth") use in the United States is alarming. Meth has become the current illegal drug of choice for many users resulting in numerous detrimental consequences to public health, safety and welfare. This trend in Meth use apparently caused the Arizona State Legislature to adopt Senate Bill 1473 in 2005. However, through debate and amendment, Senate Bill 1437 regulates only those over-the-counter drugs that contain pseudoephedrine as the single active ingredient and has created a stir among many Arizona cities and towns. Without it being substantially more difficult, over-the- counter drugs that contain pseudoephedrine and other drugs such as norpseudoephedrine, phenylpropanolamine and ephedrine in combination with other active ingredients can also be converted into Meth. Consequently, many Arizona cities and towns have adopted, or are contemplating adopting, local regulations to fill the gap left the Legislature in Senate Bill 1437. In considering whether the Town follows other Arizona jurisdictions -along this path and adopts Meth regulation, there are several attendant legal issues that were discussed in the October 19, 2005 Council Communication on this issue. Considering those issues, the Legal Department proposed regulating access to Meth ingredients based on a civil penalty approach. At the October 19, 2005 regularly scheduled Council meeting, direction to bring forward a Meth ordinance in approvable form was given to the Legal Department by Council. Attached is such an ordinance tailored to the Town of Oro Valley and limiting the potential impact(s) that may arise regarding the legal issues associated with a local jurisdiction approach to regulation. ATTACHMENTS: Ordinance NO. (0) O5- FISCAL IMPACT: Unknown SUGGESTED MOTIONS: I move to adopt Ordinance No. (0) 05- 45 adopting Methamphetamine regulation applicable to the sale and distribution of all over-the-counter drugs contai ing Pseudoephedrine, Norpseudoephedrine, Phenylpropanolamine and Ephedrine. • elinda Garr. ' . , Town Attorney 4 Chuck Sweet, Town Manager F:\Clerk\Town Code\Methamphetamine Regulation\111605 CC re Methanphetamine regulation.doc ORDINANCE NO. (0) 05- 46 AN ORDINANCE OF THE TOWN OF ORO VALLEY, ARIZONA, AMENDING THE TOWN CODE, ADOPTING CHAPTER 10, ARTICLE 10-1, SECTION 10-1-40, METHAMPHETAMINE, AND REPEALING ALL RESOLUTIONS, ORDINANCES, AND RULES OF THE TOWN OF ORO VALLEY IN CONFLICT THEREWITH. WHEREAS, the illicit manufacture of methamphetamine ("Meth") and the proliferation of Meth labs are serious and continuing problems in the region; and WHEREAS, due to the flammable and toxic nature of the chemicals used in Meth production, fires, explosions and hazardous materials contamination are common occurrences associated with Meth labs; and WHEREAS, Meth labs are found in houses, apartments, hotel and motel rooms, and trailers in both residential and commercial areas, exposing the general public, law enforcement personnel and other first responders, as well as the children of Meth lab operators to dangerous conditions; and WHEREAS, Pseudoephedrine, Norpseudoephedrine, Phenylpropanolamine and Ephedrine are key ingredients in Meth production and are found in many over-the- counter cold and allergy medications; and Nifty WHEREAS, over-the-counter Pseudoephedrine, Norpseudoephedrine, Ephedrine and Phenylpropanolamine are a source of materials used in the production of Meth; and WHEREAS, recently enacted Arizona legislation (Senate Bill 1473) regulates the sale and distribution of over-the-counter drugs that contain Pseudoephedrine as the sole active ingredient; and WHEREAS, recently enacted Arizona legislation (Senate Bill 1473) does not regulate the sale and distribution of over-the-counter drugs that contain Pseudoephedrine, Norpseudoephedrine, Phenylpropanolamine or Ephedrine in combination with other active ingredients; and WHEREAS, over-the-counter drugs that contain Pseudoephedrine, Norpseudoephedrine, Phenylpropanolamine and Ephedrine in combination with other active ingredients may be used in the manufacture of Meth; and WHEREAS, the unrestricted access to products containing Pseudoephedrine, Norpseudoephedrine, Phenylpropanolamine and Ephedrine endangers the public health, safety and welfare of the residents of the Town and public safety personnel; and • WHEREAS, other jurisdictions within Arizona have adopted, or contemplated adopting, 41404., ordinances regulating the sale and distribution of over-the-counter drugs that contain Pseudoephedrine, Norpseudoephedrine, Phenylpropanolamine and Ephedrine in combination with other active ingredients to fill the gap left by the Arizona legislature in Senate Bill 1473. NOW, THEREFORE BE IT ORDAINED by the Mayor and Council of the Town of Oro Valley Arizona, as follows: Section 1. Chapter 10 of the Oro Valley Town Code is amended to add new Article 10-1, Section 10-1-40, Methamphetamine, to read as follows: 1) Definitions: for the purposes of this section, the following shall have the following meanings: a) "Pseudoephedrine, Norpseudoephedrine, Phenylpropanolamine and Ephedrine" are drugs commonly used in decongestants and can be illegally processed to make Methamphetamine ("Meth") whether alone or in combination with other active ingredients. b) "Proper Identification" shall mean a recognized government issued photo identification of a Pseudoephedrine, Norpseudoephedrine, Phenylpropanolamine or Ephedrine purchaser, including but not limited to, a driver's license, or passport. 2) Security of Pseudoephedrine, Norpseudoephedrine, Phenylpropanolamine, and Ephedrine Products: Any establishment that has products containing Pseudoephedrine, Norpseudoephedrine, Phenylpropanolamine, or Ephedrine for sale shall keep said products in an area that is inaccessible to the public to prevent the theft or uncontrolled sale of said products. 3) Quantity that May be Sold: Any establishment that has products containing Pseudoephedrine, Norpseudoephedrine, Phenylpropanolamine or Ephedrine for sale shall sell no more than nine (9) grams of any product containing Pseudoephedrine, Norpseudoephedrine, Phenylpropanolamine or Ephedrine to any individual within a thirty (30) day period. This section does not apply to Pseudoephedrine, Norpseudoephedrine, Phenylpropanolamine or Ephedrine dispensed pursuant to a valid prescription. 4) Purchaser Identification Requirements: Any person purchasing a Pseudoephedrine, Norpseudoephedrine, Phenylpropanolamine or Ephedrine product shall be required to present proper identification prior to being allowed to purchase said product. 5) Retail Establishment's Right to Refuse sale: Any retail establishment may refuse to sell any Pseudoephedrine,Norpseudoephedrine, Phenylpropanolamine or Ephedrine product to any person if the seller has reason to believe that the product will be used F:\Clerk\Town Code\Methamphetamine Regulation\pseudoephedrine Ordinance Draft.doc 2 Town of Oro Valley Attorney's Office 090905 in the unlawful manufacture of Meth or other another controlled substance. Facts that give rise to such a belief include but are not limited to a "suspicious transaction" as defined in ARS § 13-3401; the attempted purchase of Pseudoephedrine, Norpseudoephedrine, Phenylpropanolamine or Ephedrine products in excess of the amounts permitted by Arizona law; the attempt to purchase Pseudoephedrine, Norpseudoephedrine, Phenylpropanolamine or Ephedrine in a series of transactions to circumvent the limitation on sales; or the attempt to purchase Pseudoephedrine, Norpseudoephedrine, Phenylpropanolamine or Ephedrine in conjunction with other products, such as red phosphorus or iodine known to be used in the manufacture of Meth. Any person who refuses to make a retail sale in accordance with this section is not liable to its customer or any other person for any loss or damage caused in whole or in part by the refusal to sell. 6) Penalty: Each violation of this Section shall subject the violator to a civil penalty of $1,000. Section 2. The various Town officers and employees of the Town are hereby authorized and directed to perform all acts necessary to give effect to this Ordinance. Section 3. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. . PASSED AND ADOPTED by Mayor and Council of the Town of Oro Valley, Arizona, this 16TH day of NOVEMBER , 2005. TOWN OF ORO VALLEY Paul H. Loomis, Mayor ATTEST: Kathryn E. Cuvelier, Town Clerk APPROVED AS TO FORM: Melinda Garrahan, Town Attorney F:\Clerk\Town Code\Methamphetamine Regulation\pseudoephedrine Ordinance Draft doc 3 Town of Oro Valley Attorney's Office 090905 TOWN OF ORO VALLEY 6 COUNCIL COMMUNICATION MEETING DATE: November 16, 2005 TO: HONORABLE MAYOR & TOWN COUNCIL FROM: Chuck Sweet, Town Manager ORDINANCE NO. (0)05-46 SUBJ: Oro Valley Personnel Policy#29 (Annual Employee Forum) SUMMARY: On August 10, 2005, I met with the Advisory Board of Oro Valley Employees (ABOVE) group to discuss and explain my findings following the Employee Forum in February g p p 2005. Due to the low turn-out at the Employee Forum, I met with Town employees in small groups and based upon the central theme concerning the Employee Forum and p recommendation of the ABOVE group, I am bringing forward the attached amendments to Personnel Policy#29 (Annual Employee Forum). Attached is a memo dated September 16, 2005 from the ABOVE group detailing the group's recommendations based upon my proposed amendments to Section 1 of Personnel Policy #29 (Annual Employee Forum). This memo details my proposed amendments and the ABOVE group's recommendations and additions. Attached is Ordinance No. (0) 05 - 46 proposing amendments to Section 1 of Personnel Policy #29. If adopted, the proposed changes would allow the following: ➢ Opportunity employees for em to ees to bring questions and/or requests forward to Council no later than the second week of November (but for FY05/06, these meetings will be scheduled in December and/or January); ➢ Consideration of the varied employee shifts by scheduling up to (4) four Employee Forum(s); ➢ Compilation of employee questions and/or requests for Mayor & Council to p respond to the ABOVE group with a status report or synopsis of all Employee Forum(s) prior to February 15th of the fiscal year to allow adequate time to prepare budget requests if necessary; and Formation of a Town Council Sub-Committee consisting of a maximum of (3) three Council Members with consideration of Council schedules. SUGGESTED MOTION: toI adopt Ordinance No. (0) 05 -46 which proposes amendments to Section 1 move p of Personnel Policy #29 (Annual Employee Forum). ATTACHMENTS: 1. September 16, 2005 Memo regarding ABOVE recommendations. 2. Ordinance No. (0) 05 - 46 proposing amendments to Section 1 of Personnel Policy #29 (Annual Employe- orum) Chuck Sweet, Town Manager ABOVE Date: 9/16/2005 To: Chuck Sweet,Town Manager From: Advisory Board of Oro Valley Employees(ABOVE) Celine Martinez, Parks & Recreation, Chair Carolyn Lytle, Human Resources Susan Kunisch,Town Manager's,Vice Chair Don Manspeaker, Public Works Arinda Asper, Planning & Zoning Carlos Martinez, Public Works Jodi Bracken, Police Dept Cheryl McCurry, Library Lynn Garcia, Public Works Sheila Moeur, Legal Dept Rita Gier,Magistrate Court Jennifer Patton,Water Dept Barbara Harnisch,Town Clerk Danielle Tanner, Finance Jennifer Jones,Community Development William Vicens, Building Safety RE: ABOVE Recommendations to Town Manager's Proposed Amendments to Policy 29:Annual Employee Forum Thank you for meeting with ABOVE and providing the group with the opportunity to share recommendations. At the August 10, 2005 ABOVE meeting, members reviewed your proposed amendments to Policy 29; Section 1: Annual Employee Forum as shown below. Town Managers' Proposed Amendments to Policy 29;Section 1: Annual Employee Forum: A. Employee Forums to be held by December 15 of each year. B. Employee Forums to be conducted during employees working hours. C. Town Council appoints a sub-committee of a least(3) Council Members to conduct Employee Forums. D. (4) Employee Forums with Town Council at different times of the day and on different days. ABOVE offers the following recommendations and additions. ABOVE Recommendations and Additions to Proposed Amendments to Policy 29;Section 1: Annual Employee Forum: A. Employee Forums to be held starting no later than the second week of November of each year. B. Employee Forums to be conducted during employees working hours with consideration of shifts and workweek. C. Town Council appoints a sub-committee of a maximum of (3)Council Members to conduct Employee Forums. D. Up to(4) Employee Forums scheduled with Town Council at different times of the day and on different days. E. Speaker Cards available for employees (to track Town Employees recommendations and proposed changes brought forward). F. Obtain Status Report by Town Council to ABOVE by February 15 on specific issues. • 1 Policy 29 Annual Employee Forum The Town of Oro Valley is commuted 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 workings conditions with the Town of Oro Valley. Section 1. The Town Council will make arrangements to meet annually with individual employees; employee groups; or representatives of employees or employees groups (herein referred to collectively as ("employees")who express desires to meet with Council to recommend or propose changes to compensation plans, benefit plans,or address other issues which significantly affect employee working conditions.To provide for subsequent budget actions,if required,all parties should strive to ensure that such meetings should be concluded no later than February 15 of the fiscal year. 2 ORDINANCE NO. (0) 05 - 46 AN ORDINANCE OF THE TOWN OF ORO VALLEY, ARIZONA AMENDING POLICY NO. 29,ANNUAL EMPLOYEE FORUM, OF THE TOWN OF ORO VALLEY PERSONNEL POLICIES AND PROCEDURES CODE; REPEALING ALL RESOLUTIONS, ORDINANCE, AND RULES OF THE TOWN OF ORO VALLEY IN CONFLICT THEREWITH; AND PRESERVING THE RIGHTS AND DUTIES THAT HAVE ALREADY MATURED AND PROCEEDINGS THAT HAVE ALREADY BEGUN THEREUNDER WHEREAS, on April 21, 1999, the Town Council adopted Ordinance No. (0) 99-35 which made that certain document entitled, "Town of Oro Valley Personnel Policies and Procedure Code," part of the Town Code and the official procedural manual for all Town employees; and WHEREAS, the Town of Oro Valley is committed to the development and continuation of harmonious and cooperative relationships with all of its employees; and WHEREAS, Policy No. 29 currently provides only a single Employee Forum for direct communication between employees and the Mayor and Council; and WHEREAS, amended Policy No. 29 provides up to four(4) separate Employee Forums for direct communication between employees and the Mayor and Council; and WHEREAS, increasing from one (1)to up to four(4)Employee Forums will better provide accessibility for varied employee shifts for such forums; and WHEREAS, amending Policy No. 29 will be in furtherance of the Town's best interests by enhancing communications with all of the Town's employees. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of Oro Valley, Arizona, that Policy No. 29, Annual Employee Forum, of the Town of Oro Valley Personnel Policies and Procedures Code, is hereby amended as noted in Exhibit A with added text shown as bolded and double underlined and deleted text shown as with r♦ io♦ rte,�.�h♦ev4.. �, SECTION 1. Pursuant to ARS § 41-1346, the Town shall maintain efficient record management for local public records and it has been determined that this Ordinance is a public record with three copies of said Ordinance to remain on file in the office of the Town Clerk. SECTION 2. The various Town officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to this Ordinance and portion of the Town Code. SECTION 3. All Oro Valley ordinances, resolutions, or motions or parts of ordinances, resolutions, or motions of the Town Council in conflict with the provisions of this Ordinance are hereby repealed. SECTION 4. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof PASSED AND ADOPTED by Mayor and Town Council, the Town of Oro Valley, Arizona this 16TH day of NOVEMBER , 2005. TOWN OF ORO VALLEY Paul H. Loomis, Mayor ATTEST: Kathryn E. Cuvelier, Town Clerk APPROVED AS TO FORM: Melinda Garrahan, Town Attorney Date: • • Exhibit A 1111110, POLICY 29 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 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 The Town Council will—make arrangements to meet annually with individual employees, employee groups, or representatives of employees or employee groups (herein referred to collectively as "employees") who express desires to meet with the Council 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 %or 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 ; . : - : ; - . . •: • • - : . ' - 4, :..- : . . • - - • • -- " •- • : • : - ; . - . • prior to February 15 of the fiscal year to allow each department adequate time to prepare budget requests if necessary. SECTION 2. Council Liaison(s) To provide for action as defined in Section 1 above, the Town Council may designate individual Council Members to act as liaisons to employees to meet on a schedule which is mutually agreed upon by the liaison and the employees to discuss issues as identified in Section 1. It must be emphasized that the role of the liaison is that of a facilitator to enhance the communication process with employees. In addition, in their role(s) as liaison(s) individual Council Members are 'tow not acting as decision-makers or negotiators. Exhibit A SECTION 3. b) Should the council liaison(s) and the employees disagree regarding a specific course of action, items of discussion may be brought forward for public hearing at a future Town Council meeting. Whenever practical, issues of this nature should be placed on an agenda within the timeframe of the next three (3) regularly scheduled Council meetings. SECTION 4. 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 or the Town Council. SECTION 5 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 6 4. No agreements resulting form 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. 7 TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: NOVEMBER 16,2005 TO: HONORABLE MAYOR AND COUNCIL FROM: Daniel G. Sharp, Chief of Police SUBJECT: Request For Over Hire for Phase One of Phased Hiring Plan for FY 06/07. SUMMARY: Request is being made for Mayor and Council to allow an over hire of four (4) Police Officer positions in order to begin a Phased Hiring Plan for FY 06/07 for the Police Department. The ability to staff commissioned positions requires significant lead time and coordination in order to have personnel enter and complete their academy training. The Police Department is at the mercy of the academy schedule when setting hiring timelines. Implementation of the Phased Hiring Plan will necessitate an over hire of four (4) officers for the remainder of Fiscal Year 05 / 06 and anticipates Council approval of the positions for next Fiscal Year 06 / 07. The new hires will fill existing vacancies and "front load" the positions listed as the Police Department's top priorities during the current fiscal year(two (2)Detectives and two (2)DUI Officers). Without this approach, the earliest we could expect to fill these positions would be April 2007. Moreover it would place a substantial burden on our Field Training Officers, since we anticipate additional commissioned positions to be budgeted in the next fiscal year. This phased approach spreads out the training and allows better utilization of our training staff. This will also assure that the contingent of officers in the field is not depleted, avoiding a negative impact on proactive patrol,visibility and response times. The fiscal impact of this plan for FY 05 /06 is approximately$145,000. FISCAL IMPACT: FY 05 /06=$145,000.00 ATTACHMENTS: 1) Copy of Phase One of Phased Hiring Plan. 2) Copy of Requested FY 05 / 06 — Detectives & DUI Officers Positions. RECOMMENDATIONS: Approval is recommended. SUGGESTED MOTION: I move that the over hire of four (4) Police Officer positions be granted and that$145,000 be moved from contingency to the Police Department Budget. AS6-,Y\14,4j/4c, -- Daniel G. Sharp, Chief of Pol e Charles F. Sweet,Town Manager ,c-1:1-K;;.-rY h ORO VALLEY POLICE DEPARTMENT ,,,;."4- r = c RECRUITING & OFF-DUTY 3- 111 11000 N. LA CANADA DRIVE t J, Y- i= .N.,,_ ORO VALLEY; AZ 85737-7016 *`= 1 7q, (520) 229-4910 „•0 ir-- 1111V ld *i . FAX (520) 229-4979 RQLTV -44tistfr MEMORANDUM TO: CHIEF SHARP FROM: DIANE LITTLE (._) /f_ rte, '1/4-1DATE: OCTOBER 26, 2005 RE: PHASING IN OFFICERS The following demonstrates the minimum timeline needed to phase in police officers as the Town of Oro Valley grows and expands. Phase One for entry level officers begins with recruit workshops September 21, 24 and 30, 2005. Also included is a job fair at the Tucson Convention Center on September 29, 2005. Application due date is October 4, 2005 followed by a physical agility test and written exam on October 10, 2005. Oral Boards convene on October 25 — 26, 2005. Backgrounds, including polygraphs, are scheduled from October 28 through November 30, 2005, which is dependent upon street coverage for release of the officers to complete the backgrounds. A background review with the Commander is December 1, 2005. Applicants passing the background will receive a conditional offer of employment contingent upon successful completion of a medical exam, psychological exam and a drug screen, which will be conducted December 2 — 14, 2005. Packets will be reviewed on December 15, 2005 with job offers on December 16, 2005. A pre-academy will be conducted at the Oro Valley Police Department January 4 — 6, 2006 followed by the Basic Police Academy at CARLOTA January 8, 2006 through May 5, 2006 concluding with graduation on May 5, 2006. Post Basic is May 8 — 19, 2006 will be conducted at the Oro Valley Police Department followed by Field Training May 22, 2006 through July 28, 2006. July 29, 2006 officers will be on the street patrolling solo. c-in c; Cl ;.,-,, i!,; I coy c. I`r'; I ' E ,--,, ; ,--11 I*-.I 'N V,,..L. N 1 :. 1 i r= I ; M I + WLl,N i I I I ''.i0='. 1 1 ( I N I I I I Ll I `: I I O �,rNN CL.. I j 1 i ! tC I I 1 14g N ..._ I,rt }- ,pMoN I 1 ! 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CO_,At•• `ter,_ i ';:i.,,..:,,,-.1 e-i„,•:.;,,,:i, ''-',''-';'. 1N I1 k I .' - I I = ' �r:= I -'`'` ' 'I ;1.1.4:-!;:. 1 1 }.tom,'' I v .„,;”' j 'I =k I • i ‘lie) 1 ::::::::-1 "'.'�=; t • 0 T I I moi; I ;;F• I ...,,: f ' .1 1 I”CID i -I L'L71I '--;;:;;i:::: 1 ,,,,, ,.X 1 it i ,i,-.±:-.: ,,,,,,,, 1 1, 1 f-,41 . -,-1,„,:: , likarN, co I :Til,4r.I 1 I :.-:-....:0 1 1 = ' ! 1 _‘' .2 !I - I I 1 Ii'.....:-.;'-': I I ` f I j ��: I Irs, , r:•i I �'J..+ J Police Department New Personnel Request — DETECTIVES — Two (2) Positions Fiscal Year 05 / 06 Request This request is for the addition of two Detective positions effective July 1 , 2005. The budgetary impact of this request is estimated at $169,142. The fiscal impact was obtained by adding a 30% employee related expense (ERE) for each detective at a step five detectivepayrate of $48,901. The total of $127,142 was then added to a $2000 expense of two computers and a $40,000 expense for two vehicles. Justification The Oro Valley Police Department responded-to 13,034 incidents in calendar year 2002. Of those incidents, 703 resulted in cases assigned to Detectives for additional follow-up investigations. The total incidents in calendar year 2003 totaled 15,065. 1001 of these cases were assigned to Detectives for additional follow-up investigations. From the previous year, o this was a 16% increase in incidents and a 42% increase in cases assigned to Detectives. The total incidents in calendar year 2004 totaled 15,911. 1270 of these cases were.. assigned to Detectives for additional follow-up investigations. From the previous year, this was a 6% increase in incidents and a 27% increase in cases assigned to Detectives. n with the increases in incidents and assigned cases, the complexities of the cases Along o rose. From January2002 through the end of 2004, there was a 200% increase in also o . assaults a 110% increase in other sexual offenses, a 46% increase in vehicle sexual , thefts, an 84% increase in burglaries and a 27% increase in larcenies. Another disturbing trend that has taken a great deal of effort is the increase in computer related cases. The Detectives have seized six computers, two additional child pornography computer hard drives and thirty CD ROM CD's in the past year where previously such seizures have taken place less than once a year. These are some of the very complicated investigations that take an extensive effort and coordination between g Detectives, computer forensic technicians, internet service providers, prosecutors, victims and victim advocates. In addition to the listed increases, increased population, build out of commercial areas, changes in laws, and many other factors have lead to the request for two additional Detectives. Detectives have longbeen tasked to conduct confidential background investigations on all new employees of the Police Department. Unfortunately, the criminal investigative has required us to bringin officers from patrol or utilize light duty officers to workloadq completeround investigations. Although this approach has been getting these background �, 3-2-05 487 Police Department New Personnel Request — DETECTIVES — Two (2) Positions (Continued) Fiscal Year 05 / 06 the job done,' our goal is to return this responsibility to the Detectives. This is necessary to ensure consistency in our approach as these investigations can be very complicated and have long term implications for the organization and community if they are not completed in the most comprehensive manner possible. Based on information obtained, the investigation will allow us to select the most appropriate personnel for the positions of Police Officer, Dispatcher or Records Specialist. In 2003 a temporary investigator was assigned to the Detectives Unit to assist with the increased case load. The last full time Detective was added in 1999. This addition in 1999 increased the Detective Unit from two to three. With the current compliment of Detectives, it has become increasingly more difficult to address the needs of the Oro Valley citizens. in order toP rovide the community with the high level of service that has been provided in previous years, we must have the resources to keep up with the growth. If not, we will lose the ability to stay proactive. The Detectives do not have the time and flexibility to work on the tips of criminal activity or follow up on all cases in a timely manor. This 411i1P will ultimatelylead to the further victimization of citizens when crime is left unaddressed. time to conduct the proactive The addition of two Detectives will allow adequate research and surveillance on criminal activity that will continue to make Oro Valley the safest community in which to live. Consequences if not funded these positions itions are not funded the Detective Unit may not be able to reach their performance measures, which will negatively impact the service we provide to the community.. Lack of investigative follow up could ultimately result in criminal suspects being released from custody and/or not successfully prosecuted. These criminal suspects may then pose a continued threat to our residents and potentially further victimize members of the community. 3-2-05 488 • Police Department New Personnel Request -- DUI OFFICERS — Two (2) Positions Fiscal Year 05/06 Request This request is for two full-time officers to create a separate DUI Enforcement Detail. The budgetary impact of this request is $98,265 for personnel plus an equipped vehicle at a cost of $38,746. The total request is for the amount of $137,011 . Justification TheP urpose of the DUI Enforcement Division is to aggressively seek, and apprehend violators of DUI related laws. When time permits, DUI Officers make presentations at local schools in an effort to educate and discourage teen drinking and driving. In 2004 Oro Valley had a 50% increase in DUI related collisions compared to 2003. Due to an increase in call load, the current DUI officers are taken away from their primary function of apprehending violators to support patrol in taking calls. This reallocation of resources has caused a 37% PP decrease in the amount of DUI arrests in 2004 compared to 2003. According to NHTSA between the hours of 9pm-lam on weekends, 1 in 10 drivers are driving under the influence of alcohol with a blood alcohol level of .10% or higher. in addition establishments serving alcohol can now close one hour later (2 am) since August 24, 2004. The Governor's Office of Highway Safety has stated the BAC level of later DUI arrests have increased making our roadways more vulnerable to accidents, injuries and deaths. This staggering statistic is proof that our department is currently lacking in 99 9 proactive measures to ensure public safety. Safety of our citizens is the number one goal of the police department's strategic plan. Our department has become reactive instead of proactive to this current situation. Collision investigation is inherently time consuming and costly. Traffic collisions impact the citizens of Oro Valley in a negative manner and affect the quality of life through traffic delays, property damage/loss,e/loss, injuries, and sometimes death. Recently, nearly 300 of the public safetycitizen surveys considered traffic and DUIs a major concern. Given the9 rowth in the Town of Oro Valley, the volume of DU l's will grow proportionately to the increase of residents moving to Oro Valley. As a public P y safety organization, we must prepare for the inevitable increase in impaired 9 driver activity and supplement our staffing to meet these growing concerns. w 489 Town of Oro Valley FY 2005-06 Police Department Salary Expenditures Through October 31, 2005 Salary Savings Adopted Year - to - Date Actual Difference Budget Budgeted (c 33% Expended 29% Through 10/31/05 $5,710,845 $1,884,579 $1,652,844 $231,735 TOWN OF ORO VALLEY 8 COUNCIL COMMUNICATION MEETING DATE: November 16, 2005 I TO: HONORABLE MAYOR & TOWN COUNCIL FROM: Brent Sinclair, Community Development Director Bob Kovitz, Governmental and Community Relations Administrator SUBJ: Community Survey Naranja Town Site Background: At the Town Council's Study/Special Session on August 31, 2005, the Council discussed the Naranja Town Site Funding Strategy Report. Following the presentation and public comment, the Town Council provided the following direction: • "Community Survey should move forward on list of priorities. Town needs to get feedback on what they would support now since it has been some time since the Master Plan was developed. • Town Manager will bring something forward to Council's review by the first meeting in October." (Excerpt from minutes, Study/Special Session, 8/31/05) Discussion: During September and October, 2005, Town staff solicited proposals from two qualified local survey organizations. Of the two, staff has determined that Marketing Intelligence is best equipped to design the survey, collect the data, and prepare a report for the Town. A copy of MI's proposal is included with this Council Communication. The total cost for the survey is dependent on the length of the phone interviews. The fee for a 7-9 minute survey (with the accompanying survey design and final report) will be $11,400. Funds for the survey will come from the General Administration account. The results of the survey will then be used to formulate the Programming portion of the Naranja Town Site project. That is, once the residents' priorities and preferred methods of funding are known, the Programming Request for Proposal can be structured to focus on the site's facilities (e.g., baseball fields, performing arts center, soccer fields, etc.) in priority order. Because the Town Council has already provided direction and because the Town Manager is authorized to enter into agreements for professional services, no Council action is required to initiate the work with Marketing Intelligence. However, the Council may wish to consider appointing one or two of its own members to serve on a committee that will assist in the survey design. Those one or two Council members would serve along with the Assistant Town Manager, the Community Development Director, and the Governmental and Community Relations Administrator. This same approach was used to develop the survey regarding the General Plan after its defeat in 2003. The Naranja Town Site Survey Design Committee would meet with Marketing Intelligence representatives to (a) review the list of facilities that were included in the original Naranja Town Site design, and (b) the various methods of financing available to the Town. These two elements would then be folded into the survey itself. Another reason to appoint Council members to the Naranja Town Site Survey Design Committee is the recommendation that the survey itself not be returned to the Town Council for discussion since public disclosure of the questions beforehand may prejudice the results. To create a valid survey, the respondents should all hear the questions for the first time from the survey workers rather than at a public meeting or via the media. SUGGESTED MOTION: The Town Council may wish to consider the following motion: I move to appoint (Town Council Member) and (Town Council Member) to represent the Town Council on the Naranja Town Site Survey Design Committee for the purpose of assisting in the development of the survey questions. ))"‘j-1 Brent Sinclair ommunity Development Director Bob Kovitz, Governme tal and 9ommunity Relat401- Administrator 0,14 Chuck Sweet, Town Manager Attachment: Research Proposal, Marketing Intelligence 4, VALLEYORO REGIONAL PARK STUDY . , Research Proposal PRESENTED TO Town o Valley • SEPTEMBER 28, 2005 I TO DIRECT ,.„:„.„:,,,j , Maiketingintelligence rk e t nML e r} yStrategy C r4 r \ nfnt* • _?+�. PROPOSAL SUMMARY } Client: Town of Oro Valley Project 1. Ascertain what elements residents would like included in a regional Objectives: park 2. Understand opinions of residents regarding funding sources Methodology: Telephone survey of 400 Respondents: Randomly selected Town of Oro Valley residents Deliverables: MI will provide a final written report of analysis and key findings. If desired we will also provide a power point presentation of key findings. Provided by Town of Oro Valley is not responsible for any part of the research Client: execution other than initial meetings to develop the survey instrument. Time Line: The project will be completed in seven weeks from inception depending on the Oro Valley management team's ability to meet. Project The total project costs are $11,400 for 7-9 minute survey, $13,300 for Costs: a 10-12 minute survey, $16,100 for a 13-15 minute survey. This includes all time, materials and other expenses for survey development and execution, data analysis and report writing. 1\1` ' "►;sti.i:;i3tl:I2Yti ig;CESt:s^ 1 h . I. R P P O OSED METHODOLOGY PROJECT DESIGN PHILOSOPHY MI's proposed approach for the proposed research study is predicated on two fundamental principles. 1. The research and analysis must be based on achieving the desired project objectives. As a public perception study, this project must provide both a comprehensive overview of the current environment and provide strategic insight into future endeavors. 2. The actual process of data collection must adhere to the best principles of applied research and represent an absolute lack of bias. Further, the analysis must be conceptually grounded in tested theory and past empirical work so that they may possess unquestionable validity. As outlined in the following paragraphs, MI will endeavor to apply these principles with high rigor to ensure that the evaluation results are valid, reliable, objective, and credible. PROJECT OVERVIEW Table 1 provides an overview of the project. We have designed the project to ensure completion within the desired time span (approx. 7 weeks), followed by an overall project schematic. • 1 Att 2 Table 1. Project Overview Phase Tasks Deliverable(s) Duration Project scope Meetings with the Oro Valley • Revised Project Design 1 week definition Management Team to finalize the precise project objectives,the project plan, and areas of special focus Survey design Develop telephone survey instrument • Pretest report 2 weeks • Final survey instrument Data collection Sample design and sample selection • Data collection report 1.5 weeks including#of outgoing (after the survey correspondence and finalization) completion rate, and final response rate Data analysis Data preparation and analysis • Data file(tab-delimited 1.5 weeks and spreadsheet (after data format) collection) • Analysis results Report preparation Write up complete report • Final report in hardcopy 1 week(after data (2 copies) analysis) • Final report on CD Presentation • Oral presentation Complete Project duration: 7 weeks MI-CLIENT COLLABORATION Upon commencement of the project, MI will meet with the Oro Valley Management Team to finalize project details and further discuss project objectives and subsequent strategy. The success of the project will be maximized as a result of information sharing between all involved project team members. POPULATION DEFINITION The population is defined as current residents of the Town of Oro Valley. The final sample frame will be reviewed and accepted by the Oro Valley Management Team. SURVEY RESEARCH The primary project research will include a telephone survey of Oro Valley residents. The overall survey effort will consist of four distinct activities: survey design, sample selection, survey execution, and data analysis. • if. s 3 Sample Size 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 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 sample sizes of 400 and 600 are +/-4.90% and +/-4.00%, respectively. Determining the optimal sample size is dependent on the importance of the research project and the desired depth of analysis. If the desire is to have some basic knowledge with a slightly higher amount of error, but lower overall costs, the sample size of 400 is sufficient. If the desire is to have a higher level of precision (and a lower amount of error), with a slightly (kW higher project cost, the sample size of 600 is more appropriate. More importantly, the sample size decision should also be based on an anticipation of the number of sub-groups that will be analyzed and contrasted. The greater the number of sub-groups, the greater the sample size needed. If segmentation of results is an important part of the research project, 600 is the optimal size. For this project, based on preliminary information, we are recommending a sample size of 400. Sample Selection The survey sample will be based on parameters resulting from an initial strategy meeting with the Oro Valley Management Team. 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 the Oro Valley Management Team will be included as a fundamental aspect 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 prior to finalization of the survey instrument. (160 S:s.�k��3rt4iaxrc,Eir.et 4 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 is committed to the highest ethical standards of data collection, reporting and analysis. The company is a member of the Marketing Research Association and adheres to Recommended Best practices for Opinion and Marketing Research to ensure a good working relationship with clients. 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. 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 Oro Valley Management Team, if desired. Should the need arise, adjustments to the survey instrument will be made by MI, with the approval of the Oro Valley Management Team. 5 • 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 surveyresearch. 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 Novi 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. 4111. ►;`k.::►is:e;-1 aura?i xas:<.c:>: 6 • II. PREVIOUS EXPERIENCE/REFERENCES MARKETING INTELLIGENCE BACKGROUND Based in Tucson, Arizona, Marketing Intelligence is a Limited Liability Corporation owned by Dr. Kapil Jain. 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 25 years of combined academic marketing, business 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 Imo 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. The ability to analyze the problem, develop the appropriate research methodology, execute data 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. 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. • 41111 •2, f k. SELECTED CLIENTS Government Community Organizations • City of Tucson Solid Waste • Southern Arizona Home Builders Management Department (now Association Environmental Services) • Tucson Symphony Orchestra • Arizona Department of • YMCA of Tucson Transportation • Arizona Department of Environmental Quality • City of Phoenix Public Works Department • Pima Association of Governments/Regional Transportation Authority Education/Educational Institutions Private Companies • University of Arizona— Life and • University Physicians Healthcare Work Connections • Global Atmospherics (now Vaisala) • University of Arizona—Arizona • Tucson Newspapers, Inc. Remote Sensing Center • Arizona Daily Star • University of Arizona— Department • Fairfield Homes of Hydrology and Water Resources • Long Realty • University of Arizona Alumni • Pacific Homes of Tucson Association • Car Wash Partners • University of Arizona Advancement • Arizona Shuttle Office • Specialized Office Solutions • Best 2004 (Private Bond Override • Southern Arizona Veterinary Committee in the Tucson Unified Specialty and Emergency Center School District) tholf ��i5f.tiL"Sf#it:'�YtC�ie iaC%c • A 1 I I I MI PROJECT TEAM ,,, , .., The MI team assembled for this project includes individuals with vast experience in the marketing research field. Each key member brings a history of professional, academic and community leadership to the team. Both of the key team members have experience teaching marketing and/or marketing research courses at the University of Arizona and have acquired advanced degrees in the field of marketing. Our company is also heavily involved in community activities, both socially and professionally. We are active members of the Advertising Federation and one team member is an elected officer of the Tucson Chapter of the American Marketing Association. In addition, we have also done pro-bono work for local charities including the United Way of Tucson, Big Brothers/Big Sisters, the Tucson Symphony Orchestra, Tucson YMCA and the University of Arizona Alumni Association. Project Leaders KAPIL JAIN. PH.D — 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 — 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 serves as Vice President of the Tucson American Marketing Association, and has been on the board for four consecutive years. His academic and professional experience has garnered him a greater role in the strategic thinking and operations of projects at MI, including business development and project lead responsibilities. 11111110 .9