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AGENDA
ORO VALLEY TOWN COUNCIL/DEPARTMENT HEADS
STUDY SESSION/RETREAT
AUGUST 21, 2004
Town Council Chambers
11000 North La Canada Drive
Oro Valley, Arizona
STUDY SESSION/RETREAT—AT OR AFTER 8:00 AM —4:00 pm
Continental Breakfast
CALL TO ORDER: 8:30 AM
ROLL CALL
ORDER OF BUSINESS:
A working lunch will be served around 12:00 noon
Theme of Retreat: "WE HA VEA JOB TO DO"
I. INTRODUCTIONS & OVERVIEW OF THE DAY
II. RETREAT TOPCIS:
1. Previous 2004 Retreat Information
2. General Plan
3. Economic Development
4. Annexation
5. Procurement
6. Budget
7. Council Process
8. Town Attorney
9. Appointment of Boards/Commissions
10.Zoning Code Enforcement
11.Naranja Town Site
III. SUMMARY
ADJOURNMENT
Posted: 08/18/04
4:30 p.m.
lh
Facilitator's Report — July 17, 2004
Summary Report
Oro Valley Town Council Retreat
July 17, 2004
Vicky Stromee 520.795.4471
Ron Canham 520.325.4445
TABLE OF CONTENTS
Summary of Action Items Page 1
Background Notes
General Plan Page 4
Economic Development/Financial Stability Page 4
Annexation Page 5
Procurement Page 6
Budget Page 6
Council Process Page 7
Town Attorney Page 8
Appointments to Boards & Commissions Page 8
Zoning Code Enforcement Page 8
Naranja Town Site Page 9
Page 1 of 9 Summary of Oro Valley Town Council Retreat July 17, 2004 Stromee/Canham
SUMMARY OF ACTION ITEMS
General Plan (within 6 months)
4 Define clearly what a general plan is, is not.
q Get general plan issue on next Town Council agenda.
4 Tie the existing annexation map to any newly developed plan.
Ai Educate Town Council/public prior to voting on any revised general plan.
Economic Development/Financial Stability(within 6 months)
4 Marketing (fine tune/aggressive)
q Diversify(evaluate ROI; identify selection criteria)
q Partnership with businesses
-\1 Economic incentives tied to performance
4 Property tax?
q Economic development committee (work with Econ Dev Officer, regional cooperation, think
tank)
• What's its charge?
• Who is on it?
4 Review Buxton report
4 Review impact fees
Annexation (within 90 days)
q Open process
4 Pre-annexation agreements need public review
4 Use of special sessions to discuss last minute requests
4 Council needs financial impact data first—prior to initiation of annexation conversations
q Add in evaluation of"intangibles"
4 Do we need to have squared off town? (helps define service area, reduce citizen confusion)
4 In preparation for General Plan:
• Analyze data for Ina-Orange Grove section; east of Oracle; and west sections
(compare 1996 map to map proposed in GP that failed)
4 Thoughtful growth annexation is ok
Procurement (by end of calendar year)
4 Investigate feasibility
• Centralized
• Authority
• New position/department
• Phase in strategy
Budget(time frame?)
4 Simpler presentation of the budget with access to more detail
q On-going conversation with staff to identify good programs that need to be preserved
q Need budget forecast for 5-l0years (staff generated—they need council priorities)
Page 2 of 9 Summary of Oro Valley Town Council Retreat July 17, 2004 Stromee/Canham
Council process (by August meeting)
Ai Judicious use of"2nd for thep �u ose of discussion"
Ai Applicant process:
• Applicant do initial presentation—limit 5-10 min
• Staff follows with pros/cons—no recommendation
• Public comment
• Council asks questions of applicant, staff for clarification
■ Council use questions to clarify—not to state own position
• Limit initial discussion prior to making a motion
Ai Agenda setting
• Review policy by next meeting, if policy is ok—follow it
■ Staff let members know if an agenda item will generate lots of discussion
Ai Consider increasing the number of council meetings to three per month
Town Attorney (within 90 days)
1i Revisit issue looking at:
• Pros /Cons of reporting structure
• Impact if change in reporting relationship is made
• Other town's experiences in this area
Ai Larger Questions:
■ Philosophy of governance of Town Council?
■ How many positions should report to Town Council?
Appointments to Boards & Commissions (60-90 days)
Ai Review Oro Valley task force report from several years ago regarding board/ commission
appointments.
Zoning Code Enforcement (60 days)
Ai Gather information regarding: cost of enforcement and history of enforcement
Review findings in light of Town Council's philosophy of goverance.
Naranja Townsite (January 2005)
Al Gather information, educate/involve the citizenry, decide on development phases and
funding.
Ai Move on project in January, 2005.
Page 3 of 9 Summary of Oro Valley Town Council Retreat July 17, 2004 Stromee/Canham
BACKGROUND NOTES
General Plan
> Lack of understanding of purpose of general plan (guideline for development vs. policy).
> Town is now operating with an 8-year-old plan.
> The recently defeated general plan was not worded well.
> The defeated plan did NOT reflect desires of citizens.
> Mixed land use is a key issue.
> The public must perceive any future plan as "their"plan.
> Invite the public to "re-engage" in the plan development process in one or more of the following
methods: Planning Steering Committee, Town Hall meeting, Community questionnaire,
Invitations to participate.
> Get cross-section of views, including those who disagreed with recently defeated plan(Oro Valley
Beyond 2000).
> Current document lacks "teeth".
Summary Directions—General Plan (within 6 months)
.Ni Define clearly what a general plan is, is not.
4 Get general plan issue on next Town Council agenda.
-Ni Tie the existing annexation map to any newly developed plan.
-NI Educate Town Council/public prior to voting on any revised general plan.
Financial Stability/Economic Development Plan
> What is the economic development model?
> What are the criteria in the model?
> How to use/manage existing economic development resources
> Need to diversify economic base (currently retail driven)
> Improve town reputation with business community
> Re-visit incentives to business development
> Wise use of land
> Pursue more aggressively
> Recruiting criteria
> Time (over) revenue
o Revenue from population increase(adjusted every 5 yrs)
o Revenue from local sales tax
o Cost are immediate,revenue is delayed
> Partnerships with business to enhance quality of life
> Have we reached the point of commercial saturation?
> Recruit the suppliers/businesses with ties to existing businesses
> Identify methods to get to financial stability
> Increase efforts to attract hi-tech companies
> Pursue partnerships with business
> Review Economic Development Agreements
> Best way to market Oro Valley? (use of the web)
> Use local talent to form economic development committee (think tank)
Page 4 of 9 Summary of Oro Valley Town Council Retreat July 17, 2004 Stromee/Canham
> How do we see ourselves?
> What does Oro Valley want to be?
> We are a full service town(services,jobs, housing)
> What's the right mix of development (residential, retail/commercial,business/jobs)
> Return on Investment formula—points in time
Summary Directions—Financial Stability (within 6 months)
Ai Marketing(fine tune/aggressive)
'I Diversify(evaluate ROI; identify selection criteria)
Ai Partnership with businesses
Al Economic incentives tied to performance
Ai Property tax?
AI Economic development committee (work with Econ Dev Officer, regional cooperation, think
tank)
• What's its charge?
• Who is on it?
J Review Buxton report
Ai Review impact fees
Annexation
➢ Initial drain on resources
> ROI—benefits to town? Can we afford it?
> Use as a tool to reach other objectives
> Understand/strengthen criteria that staff use—does it make economic sense?
> Pre-annexation agreements
o Need to be public/full vote of council
o What can staff negotiate?
o Who has the authority to execute an agreement/when?
> What is the current policy on annexation?
> Existing policy adopted by resolution and modified 2/2003:
Shape of town, financial analysis,benefits, consistent with General Plan
Reviewed by Planning and Zoning and by council
> What's in the financial analysis—does it include "intangibles"
> Add in evaluation of intangibles:
o Age of development(sidewalks, landscaping, etc.)
o Perception by OV citizens
o Does it fit/change the character of our town?
o Impact on surrounding neighborhoods
> Public perception of pre-annexation agreements:
o Exempting from OV standards (ex. Sound wall negotiated by mayor—not
agendized)
➢ What is the authority of the Mayor to act on behalf of the council/town? (especially when last
minute negotiation is needed)
> Use emergency session to decide as a council
> Develop guidance criteria
Page 5 of 9 Summary of Oro Valley Town Council Retreat July 17, 2004 Stromee/Canham
Summary Directions—Annexation (within 90 days)
4 Open process
4 Pre-annexation agreements need public review
4 Use of special sessions to discuss last minute requests
4 Council needs financial impact data first—prior to initiation of annexation conversations
� Add in evaluation of"intangibles"
4 Do we need to have squared off town? (helps define service area, reduce citizen confusion)
4 In preparation for General Plan:
• Analyze data for Ina-Orange Grove section; east of Oracle; and west sections
(compare 1996 map to map proposed in GP that failed)
4 Thoughtful growth annexation is ok
Procurement
➢ Adopt model procurement program (growing need for uniformity)
➢ Policies and procedures re: procurement
➢ How does existing system work?
➢ Potential cost savings
➢ Seeps up purchasing process ("just in time delivery")
➢ Separates political from administrative functions (contract manager)
➢ Hire consultant/decide by the end of the year
➢ Identify costs of adoption
➢ Span of control (what gets centralized? Supplies? Contracts?)
➢ Is it a perfunctory role?
➢ Skill base needed by procurement officer/department
➢ Level of authority of position?
Summary Directions—Procurement(by end of calendar year)
4 Investigate feasibility
• Centralized
• Authority
• New position department
• Phase in strategy
Budget and budget process
➢ Timing of budget review (coincides with election)
o Could move to calendar fiscal year
o Could move elections to November
➢ Budget process educates about how town works—relationship among components
➢ Consider new financing model (read: The Price of Government)
➢ On-going conversation with staff to identify good programs that need to be preserved
➢ Need budget forecast for 5-l0years (staff generated—they need council priorities)
➢ Simpler presentation of the budget with access to more detail
➢ Have documentation ahead of meeting (e.g. spread sheet used on overhead)
Page 6 of 9 Summary of Oro Valley Town Council Retreat July 17, 2004 Stromee/Canham
> Need to know what to save
• Number pages and line numbers on handouts
Summary Directions—Budget (time frame?)
Simpler presentation of the budget with access to more detail
'Ni On-going conversation with staff to identify good programs that need to be preserved
'i Need budget forecast for 5-10years (staff generated—they need council priorities)
Council process
> Meetings are too long
> Important for public to have a voice
> Judicious use of"2nd for the purpose of discussion"
> Adjust start time to 6 or 6:3 0pm
> Increase frequency of meetings
> Length of agenda
> Place priority items first (those that will have a lot of discussion)
> Get packets out to council two weeks in advance
> Place time limit on speakers
> If many are there to speak on one issue, have them identify a spokesperson
> Develop ground rules for speakers
> Internal council processes? No problems
> Applicant process:
o Applicant do initial presentation—limit 5-10 min
o Staff follows with pros/cons—no recommendation
o Public comment
o Council asks questions of applicant, staff for clarification
o Council use questions to clarify—not to state own position
o Limit initial discussion prior to making a motion
> Agenda setting
o Done by policy(major, attny, mgr, clerk, rotating council person)
o Consensus decision
o Should be actionable item
o Two council members interested
o Have discretion to limit agenda
> Current system puts staff in awkward position
> Adhere to two council support for item making agenda
> Put two council persons (plus mayor) on the agenda committee
> Review policy by next meeting, if policy is ok— follow it
> How are study sessions set up?
> Mayor may say yes/no—council person can take it to the full council for a vote
> Consent agenda:
o Get packet ahead and requested needed clarification prior to meeting
o Judicious use of pulling items off the consent agenda
Page 7 of 9 Summary of Oro Valley Town Council Retreat July 17, 2004 Stromee/Canham
Summary Directions—Council process (by August meeting)
� Judicious use of"2°d for the purpose of discussion"
� Applicant process:
• Applicant do initial presentation—limit 5-10 min
■ Staff follows with pros/cons—no recommendation
• Public comment
■ Council asks questions of applicant, staff for clarification
■ Council use questions to clarify—not to state own position
• Limit initial discussion prior to making a motion
� Agenda setting
• Review policy by next meeting, if policy is ok—follow it
■ Staff let members know if an agenda item will generate lots of discussion
� Consider increasing the number of council meetings to three per month
Town Attorney
➢ Look at different organizational models for town attorney reporting relationships.
➢ Attorney must represent interests of council (and have council's confidence when making tough
decisions).
➢ Town code would have to be amended if change is made.
Summary Directions—Town Attorney (within 90 days)
� Revisit issue looking at:
• Pros / Cons of changing reporting structure
• Impact if change in reporting relationship is made
• Other town's experiences in this area
� Larger Questions:
• Philosophy of governance of Town Council?
• How many positions should report to Town Council?
Appointments to Boards & Commissions
➢ Consider each council person making individual appointments to boards/commissions (more
representative of council's views).
➢ Appointments should coincide with/match council person's term.
Summary Directions —Appointments to Boards & Commissions (60-90 days)
� Review Oro Valley task force report from several years ago regarding board/commission
appointments.
Zoning Code Enforcement
➢ Needs to be "clarity" of enforcing & collecting fines for code violations:
➢ Seems to be selective now (Appearance of enforcing commercial business violations but not
individual homeowners)
➢ What is the cost of strict code enforcement?
Page 8 of 9 Summary of Oro Valley Town Council Retreat July 17, 2004 Stromee/Canham
➢ "Data" should be available from regarding history of enforcement
➢ This issue is also tied to the current Town Council's philosophy of governance question.
Summary Directions—Zoning Code Enforcement (60 days)
J Gather information regarding: cost of enforcement and history of enforcement
Review findings in light of Town Council's philosophy of governance.
Naranja Townsite
➢ Master plan for site exists but 28 acres have been recently added, leading to the following
questions:
o Should the existing plan be"re-mastered"?
o Should multiple land uses (for example, municipal facilities)be permitted?
o What was the original intent of the purchase?
o How did we progress to the current situation?
➢ How will future development of site be funded (a cost of$60 million has been estimated):
Bond? Sales tax? Property tax? Business partnerships?
➢ What is the time frame for development?
Summary Directions —Naranja Townsite (January 2005)
i Gather information, educate/ involve the citizenry, decide on development phases and
funding.
J Move on project in January, 2005.
Page 9 of 9 Summary of Oro Valley Town Council Retreat July 17, 2004 Stromee/Canham
Department Head Retreat Agenda
AGENDA
TOWN OF ORO VALLEY
TOWN MANAGER / DEPARTMENT HEAD
RETREAT
FRIDAY, AUGUST 13, 2004
BILL JANSEN's RESIDENCE
8:00 a.m. Continental Breakfast
8:30 a.m. General Overview (Chuck Sweet)
9:00 a.m. General Plan
Economic Development/Financial Stability
Annexation
Procurement
Budget
12:00 p.m. LUNCH
1:00 p.m. Council Process
Town Attorney
Appointments to Boards/Commissions
Zoning Code Enforcement
Naranja Town Site
3:30 p.m. Wrap-up
4:00 p.m. ADJOURN
General Plan Definitions
1 . Supreme Court of Arizona via FRITZ V.
CITY OF KINGMAN , 1998, paragraph 12:
". . .General Plan is a statement of broad
policies, goals, and principles. It enacts
nothing definite or specific nor does it
implement any law, purpose, or policy
previously declared by the legislative
body." (Full decision attached)
2. Focus 2020, General Plan Update, Town
of Oro Valley, 2003, page 2:
"A general plan is essentially a
community's "blue print" for land use
and development; it serves as the basis
for rational decisions regarding a
community's long-term development."
(Full definition attached)
Policy Document Oro Valley General Plan
Adopted May 29,2003
PROJECT BACKGROUND/PROCESS
WHAT IS A GENERAL PLAN?
A general plan is essentially a community's "blue print" for land use and development; it serves as
the basis for rational decisions regarding a community's long-term development. The general plan
expresses the community's development goals and embodies public policy relative to the distribution
of future land uses, both public and private. The policies and programs of the general plan are
intended to underlie most land use decisions. Preparing, adopting, implementing, and maintaining a
general plan serves to:
■ Identify the community's land use, transportation, environmental, economic, and social goals
and policies as they relate to land use and development.
• Provide a basis for local government decision-making, including decisions on development
approvals.
■ Provide residents with opportunities to participate in the planning and decision making
processes of their community.
• Inform residents, developers, decision makers, and other cities and counties of the ground
rules that guide development within the community.
A general plan typically has three defining qualities:
General Nature: As its name suggests, the general plan provides guidance for the future, particularly
regarding growth and development. More precise direction is provided in implementation
documents and plans, such as annexations, the zoning code, design regulations, the annual budget,
and the capital improvements program.
Comprehensive Scope: The general plan addresses a broad range of environmental, social, and
economic factors affecting change within the community. These factors include land use and
circulation, the environment and resources, economic and fiscal conditions, as well as a host of
others. Furthermore, these factors are addressed in an interrelated and, wherever possible, consistent
manner.
Long-Range: The general plan takes immediate concerns into consideration, but focuses primarily on
the future, particularly potential build out scenarios (i.e., the maximum size and population of the
community).
As described below, according to the State of Arizona's Crowing Smarter/Plus statutes, every city and
county in Arizona is required to adopt and maintain a general plan.
WHY UPDATE THE EXISTING PLAN?
In deciding to update the Town's 1996 General Plan, the Town had two compelling motivations. The
first was the growth and change that the community had experienced. Oro Valley's population had
nearly quadrupled from 6,670 in 1990 to 29,700 in 2000, fundamentally changing the Town's
landscape. The update provided the community with an opportunity to re-examine the basic policy
commitments made in 1996 to determine if they still address the needs of the community, as well as
to improve some of the technical aspects of the general plan.
The second reason that the Town chose to update the 1996 Plan was to address its obligation to
comply with the requirements of the State's Growing Smarter/Plus statutes. These requirements are
discussed in detail under "Growing Smarter/Plus Framework" below.
Introduction 2
Note :
Map reflecting changes
in the revised
General Plan land use
will be available
at the Retreat
Economic Forecast Request Memo
MEMORANDUM
TO: COUNCIL MEMBER DANKWERTH
FROM: CHUCK SWEET, TOWN MANAGER
DATE: JUNE 29, 2004
SUBJECT: ECONOMIC FORECASTQ REQUEST - MONDAY JUNE 21ST Discussion
n
During your interaction with Mr. Weir and me on Monday June 21 we discussed
�
your desire to
developa One Year and Five Year Economic Forecast as well as
other matters. I have discussed your request with Jeff Weir, Economic
Development Administrator, and we would like for you to consider the
following:
Proposals to the Mayor and Council. Council Retreat - July 17th 2004)
1. Development of a Five Year Community Outlook.
Y
a.
The Mayor and Council will prepare the assumptions to be used for
a Five Year Outlook. These assumptions need to address
anticipated actions concerning Retail Development, Annexations,
Services and Service Level Changes, and all other items deemed
important.
Request the creation of a Five Year (Fiscal Year basis) Operations
b. q
and Fiscal Outlook for each department area that includes a
quarterly breakdown for the first year.
g
Identifythrough Action Steps/Items the anticipated events
c.
resulting in the achievement of the One Year and Five Year
goals.
Each department area will prepare a Resource Needs Assessment to
P
satisfy Item's 1.b and 1.c and forward same for inclusion in the budget.
At the p
resent time it needs to be determined whether or not any of the
department areas could achieve the One Year and Five Year Outlook
with
existingresources. Additionally, this step will place a high degree
of emphasis on the importance of creating a long-term outlook.
p m P
2.
Creation of an Economic Development Advisory Committee.
a.
The establishment of this new committee with their duties and
operational considerations needs to be determined with input
from the Mayor and Council.
PP
b.
One approach would be either to continue or extend the new
Community Economic Development Strategy (CEDS) Task Force
upon completion of revising the existing CEDS.
c. The completion of the revised CEDS should occur prior to the
seating of the Economic Development Advisory Committee. This
will assure continuity and prioritization of the Committee's
efforts.
As a proosed suggestion: The Mayor and Council may wish to appoint a
p ��
sub-committee comprised of three (3) Council Members to assist with Item 2.a.
This sub-committee would work with the Economic Development Administrator
and me to complete this important task.
An assumption to consider is that the CEDS Task Force and the ED
Advisory Committee, through the initial use of the same people, would provide
a continuity component onent that could more easily absorb new members in the
p
future.
i�
4ri ..Chuck Sweet_ own Manager
C: Mayor and Council
Jeff Weir, Economic Development Administrator.
Note :
Full copies of the
Buxton Report
are available through the
Economic Development
Division
Buxton Report Excerpt;
Executive Summary — Phase I
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The Retail Recruiting System
10 Phase
Retail Trade Area AnaIysLs
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Oro Valley, AZ
• Prepared November, 2003
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Executive Sunimary
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III Findings
5 examined three retail sites in the Town of Oro Valle
The Buxton comcompanyY based upon the
110 potential of each as a retail location. The following sections of this report details our
110 conclusions.
SiteIP
eastern border of Oro Valley's city
1, Tangerine Road & Oracle Road, is located on the y
110 limits, Retailers at this site are in an excellent position for maximum exposure and
1110 accessibility given the high daily traffic counts on Oracle Road. A 15-minute drive time
O trade area was determined suitable based on the site's road accessibility, geographic barriers,
'
positioning relative to other neighboring communities, and current competitive retail
0 environment. The trade area captures most of Oro Valley's city limits, but also extends north
11) capturing a high percentage of households in the town of Catalina. The trade area also extends south towards Tucson, but stops short of Tucson's major retail area.
threeII
ID sites, site 1 exhibits the most significant household segmentation and
Of the g
IP ' demographic profile. A 15-Minute trade area captures nearly 21,000 households and 51,000
• people. Households within the trade area exhibit excellent segmentation with just over fifty
O percent falling into more affluent segments 1-10. The trade area also exhibits an
_
exceptionally
high population growth rate, with rates just over one hundred percent, and the
• population more than doubling in the last 10 years.
0•
Site 2, located at Magee Road & Oracle Road, is just south of Oro Valley's current city
visibility Like site 1, retailers will benefit from the outstanding and traffic volumes
O that Oracle Rd provides. A 7-minute drive time trade area was determined suitable based on
O the site's road accessibility, geographic barriers, positioning relative to other neighboring
0 communities, and current competitive retail environment. The trade area for site 2 taps into
older, denser, and more established areas of northern Tucson compared to site 1. As a result
O growth rates are significantlylower and segmentation is less affluent.
le
le Site 3, located at La Cholla Road & Ina Road, is only few miles southwest of site 2. A 7-
minute drive time trade area was also determined suitable for site 3, for similar reasons used
O to establish site's 2's trade area. As a result, sites 2 and 3 shared similar characteristics in
110 segmentation and demographics.
•
• Site 3's trade area extends south into of Tucson. Consequently, there is a considerable
household density and subsequent existing presence retail in site 3's trade area. The Tucson
S Mall, a 1.3 million square foot retail center, is located approximately 4 miles southeast.
41 However, while the local retail landscape provides a competitive environment for site 3,
•
opportunity still exists as long as site 3 focuses on a unique retail mix that differentiates it
from the surrounding retail. The abundance of nearby retail can then serve as an attraction
O for shoppers.
•
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oro \A1 c�. AZ:-Phase 1 -,
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.iThe Retail Recruiting System
5' Recommendation
The Buxton company?'s analysis reveals that site 1 presents Oro Valley with the best
opportunity to gain the interest of retailers, while accomplishing its retail sales tax goals.
Site 1 isp referred for Phase II because it is likely to be the best site for matching retailers
given its excellent trade area coverage, solid household segmentation, and exceptional
growth. Moreoever, it seems that site l's trade area best captures and represents the
character of Oro Valley. The opportunity to establish retailers and restaurants at this location
would be a decision that would truly reflect the preferences and needs of residents of Oro
Valley now and in the future.
•
RECOMMENDED FOR PHASE II:
O SITE 1 —TANGERINE ROAD & ORACLE ROAD
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Oro V%al ie , AZ—Phasc I
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Note :
Full copies of the
Buxton Report
are available through the
Economic Development
Division
Buxton Report Excerpt;
Executive Summary — Phase II
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CommunitylD® Oro VaHHey, 7— Phase
410 Executive Summary
Findings
In Phase I, Buxton studied Site I to determine its relative potential to attract new
retailers and restaurants to Oro Valley, AZ. Our analysis indicated Site I would be
attractive to several major retailers, and it was selected for study in Phase II by Oro
Valley, AZ.
Our findings with respect to Site I are summarized as follows:
Site I, located at Tangerine Road & Oracle Road, is located on the east side of Oro
Valley. Like Site 2, retailers will benefit from the outstanding visibility and traffic
volumes that Oracle Rd provides. A I 5-minute drive time trade area was determined
suitable based on the site's road accessibility, geographic barriers, positioning relative to
other neighboring communities, and current competitive retail environment. The trade
area for site I taps into the new, growing areas of Oro Valley. As a result, household
numbers are significantly lower than Site 2.
4111
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CommunitylD® ro Valley, AZ-- Phase H
0 Executive Summary
Selected Retailers and Restaurants
Buxton examined thousands of retailers and restaurants to determine those with
location requirements that best match the buying habits and demographics within the
site's retail trade area. Initially, hundreds of quality matches resulted from our
examination, a testament to the character of Oro Valley, AZ as an attractive retail
location.
The initial list was narrowed to approximately 50 targets based upon additional research
of each retailer and restaurant. Factors included relative match scores, business
strategies and conditions, and proximity to existing locations.
Buxton determined the best targets in order to make a final selection of retailers and
restaurants for which marketing packages would be prepared. Factors considered in
this final step included overall desirability, community preferences, the potential tenant
mix and other issues specific to the economic development goals of Oro Valley, AZ.
Average Sales US
Retailer Retailer Classification By Store Locations
Anchor Blue Clothing/apparel $1,600,000 220
Bi g Sporting S orting Goods Sporting goods/athletic wear $1,800,000 275
0 Coco's Family Restaurant Restaurants/bars $3,000,000 470
Electronics Boutique Computers/software $1,700,000 1,145
General Nutrition Center Nutrition shops/diet centers $590,000 4,200
.
Hasting's Books, Music, &Videos Books/music/videos $4,710,000 146
Hollywood Video Video Rental/sales $1,670,000 1,84 I
,
International House of Pancakes Restaurants/bars $2,340,000 1,063
Jamba Juice Coffee bars/juice bars $2,130,000 350
Medicine Shoppe Drug Stores $1,000,000 1,100
Mervyn's Department Store Department Stores $15,700,000 264
Perkins Restaurants/bars $1,780,000 502
Play It Again Sports Sporting goods/athletic wear $500,000 482
Rite Aid Discount Pharmacies Drug Stores $2,630,000 3,451
Round Table Pizza Restaurant Restaurants/bars $1,050,000 530
Samuels Jewelers Fine Jewelry/watches $700,000 126
V
Say-on Drugs Drug Stores $3,520,000 709
Staples The Office Superstore Office Supplies/furniture $52.30000 1,286
' 1160 000
Victoria's Secret Women's apparel $ 1,002
Vitamin World Nutrition shops/diet centers $800,000 542
0
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0 Executive Summary
Selected Tucson Area Shopping Centers
Buxton also studied the retail mix in large shopping centers within the Tucson area. The
list below consists of super regional centers which have a gross leasable area (GLA)
greater than I,000,000 square feet. Listed are the anchor stores, major restaurants, and
other major chain retailers for each of the retail centers.
Name of Anchor Major Other Major
Address GLA Classification
Center Stores Restaurants Retailers
Foot Locker
Millers
El Con3601 E. Super Regional JCPenney Magpies Gourmet Outpost/Anchor Blue
Shopping Broadway Blvd. 1.469,000 Center Robinsons- Pizza Gordon's Jewelers
Center May Philly s Finest Home Depot
GNC
Radio Shack
Finish Line
Applebee's Grill& Ann Taylor Loft
Dillards Red
Bar
Talbots
Park Place 5870 E. 1,350,000 Super Regional Macy's a Anchor Blue
Broadway Blvd. Center Sears Starbucks Coffee Banana Republic
Subway GNC
illMcDonald's Vitamin World
Dillards's Mimi's Cafe Foot Locker
JCPenney The Olive Garden Ann Taylor
The Tucson Super Regional Macy ,s Red Robin Talbots
4500 N.Oracle 1,300,000 ervy Rony Roma's Banana Republic
Mall Center Robinson's- Ch ck-Fil-A Anchor Blue
May Panda Express GNC
Sears
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This map is for illustration purposes only; 11111 1974 m198.m 1986 I I isea I I.95[M 2003
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Oro Valley GIS Services MI 1979,W4,1984 1 1.881 1 1994 PIN 2002
October 2003
'Y•
RESOLUTION NO. (R)03- 06
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE
TOWN OF ORO VALLEY, ARIZONA, AMENDING POLICY FOR
ANNEXATION OF UNINCORPORATED LAND AND MAKING SUCH
DOCUMENT A PUBLIC RECORD; AND RESCINDING RESOLUTION
NO. (R)95-22
WHEREAS,the Town of Oro Valley, Arizona has in the past, annexed unincorporated
areas into the town limits, and
WHEREAS, the Mayor and Council desire to update and revise the policy of established
guidelines for future annexations to ensure that any such annexation will be logical,
practical, financially feasible and in the best interest of the town's present and future
residents.
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND TOWN
COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA:
That certain document known as "Town of Oro Valley Policy for the Annexation of
Unincorporated Land: dated February 5, 2003, which is attached herewith and labeled as
"Exhibit A",three copies of which are on file in the office of the Town Clerk, is hereby
adopted, declared to be a public record, and said copies are ordered to remain on file with
the Town Clerk.
That this resolution shall supersede Resolution No. (R)95-22, which adopted a previous
annexation policy, and Resolution No. (R)95-22 is hereby rescinded.
PASSED, ADOPTED AND APPROVED by the Mayor and Council of the Town of
Oro Valley, Arizona this 5th day of February 2003.
Paul H. Loomis, Mayor
ATTEST:
eLe_
Kat E. Cuvelier, Town Clerk
APPROVED AS TO FORM:
e 1,7
/7
Dan L. Dudley, To, n Attorney
Exhibit "A"
Town of Oro Valley,Arizona
Policy for the Annexation of Unincorporated Land
February 5, 2003
The annexation of unincorporated areas of Pima County of the Town of Oro Valley, Arizona
shall consider the following guidelines:
1) Pursue the filling out and squaring off of the town limits. Strive toward a configuration
for the town limits which eliminates county islands and peninsulas and yields an
identifiable, manageable boundary for the town.
2) Areas to be considered shall be prioritized as to quantifiable benefit to the Town.
3) Require the submittal of a fiscal impact analysis for both undeveloped (rural) and
developed properties, the level of detail and contents of which may vary with the
intensity or complexity of the proposed or existing use of the land. Such analysis is
required, regardless of who initiates the annexation process.
4) Future annexations of the Town shall be generally consistent with the policies and the
planning area of the Town's adopted General Plan.
5) Consider a proactive stance on annexations initiated in areas deemed most beneficial to
the Town as indicated by town-prepared studies and/or professional regional studies.
6) Lands annexed by the Town shall have existing, ordinanced zoning translated to Oro
Valley districts in conformance with state law and to densities and uses no greater than
those permitted by the zoning ordinance of the governing jurisdiction immediately
before annexation.
7) The Oro Valley Planning and Zoning Commission shall review any proposed
annexation outside the General Plan Planning Area. The Commission shall forward a
recommendation to the Town Council within 30 days of the initial hearing on the
proposed annexation.
8) Pre- annexation/development agreements shall be considered by the Planning and
Zoning Commission and Town Council where appropriate during the annexation
process with a five year limitation then subject to review at the end of the five year
period.
9) That the Mayor and Council may appoint a Council Member to serve on the
annexation team.
1 f
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I I I I o 19
Oro Valley GIS Services .._.._.._.._.._.I
--- April 24,2003
Pou,,,,
Procurement Code
Oro Valley Town Code
Article 3-4
PROCUREMENT
Sections:
3-4-1 Applicability
3-4-2 Definitions
3-4-3 In General; PROCUREMENT ORGANIZATION
3-4-4 Exceptions
3-4-5 Performance Bond
3-4-6 Invitation for Bids/Request for Proposals
3-4-7 Competitive Bidding Procedures
3-4-8 Surplus Property
3-4-9 Signatures on Checks
3-4-10 State Preemption
3-4-11 Prohibited Activities
Section 3-4-1 Applicability
This Article applies to every procurement of materials, services,professional services, and
construction with public monies irrespective of their source, including federal assistance monies except
as otherwise provided in this Article, initiated after its effective date. This Article also applies to the
disposal of materials. Nothing in this Article shall prevent this Town from complying with the terms and
conditions of any grant, gift,bequest, or cooperative agreement. If the procurement involves the
expenditure of federal assistance or contract monies or is subject to State law, the Town shall comply
with federal and state law and authorized regulations which are mandatorily applicable and which may
not be reflected in this Article.
(00-28,Amended,09/20/2000)
Section 3-4-2 Definitions
Brand Name Specification means a specification limited to one or more items by manufacturer name
or catalog numbers of which the standard of quality,performance, and other characteristics meet the
Town's requirements.
Change Order means an authorized written order which directs the contractor to make changes to the
contract for construction of public improvements.
Construction means the process of building, altering, repairing, improving, or demolishing any public
structure or building, or any other public improvements of any kind to any public real property.
Disposal of Material means sale of surplus property by public auction,trade, or competitive sealed
bidding.
Emergency means any condition, in reference to procurement,resulting from a sudden unexpected
happening or unforeseen occurrence or condition and situation wherein the public health or safety is
endangered.
Invitation for Bids means all documents,whether attached or incorporated by reference, which are
used for solicitating bids in accordance with this article.
Materials means all property, including but not limited to, equipment, vehicles, supplies,printing,
and leases of real property,but does not include land.
Procurement means to obtain by means of monetary payment in the forms of purchasing,renting,
leasing, or otherwise acquiring any materials, services,professional services, or construction.
Professional Services means those services requiring special knowledge, education, or skill and
where the qualifications of persons rendering the services are of primary importance.
Page 1 of 6
Oro Valley Town Code
Public Improvement means any of the following:
A. Building, erecting, constructing, or improving any street, sidewalk, alley or other public way.
B. Building, erecting, constructing any improvements to the water system, sanitary sewer system, any
storm sewer, drainage ditch,waterway bridge or culvert within the Town.
C. Any building or structure, or modification to any building or structure, located on property or
right-of-way in which the Town has a property interest.
Request for Proposals means all documents, whether attached or incorporated by reference, which
are used for soliciting proposals in accordance with this article.
Responsible and Responsive Bidder means a person who submits a bid which conforms in all
material respects to the invitation for bids or request for proposals and who has the capability to perform
the contract requirements with the integrity and reliability which will assure good faith performance,
pursuant to ARS 41-2531.
Services means the furnishing of labor, time or effort by contractor or subcontractor, which does not
involve those services requiring special knowledge, education, or skill.
Specification means any description of the physical or functional characteristics, or of the nature of a
material, service,professional service, or construction item. Specification may include a description of
any requirement for inspecting, testing, or preparing a material, service,professional service, or
construction item for delivery.
(00-28,Amended,09/20/2000;95-66,Amended,07/12/1995)
Section 3-4-3 In General; PROCUREMENT ORGANIZATION
The Town Manager, or his/her designee, shall act as the procurement agent for the Town. No
procurement of any kind or description,payment for which is to be made from funds of the Town, shall
be made by the procurement agent, or any officer, employee, or agent of the Town, except in the manner
set forth in this article. The procurement agent shall prescribe and maintain such forms and rules as
deemed appropriate for the operation of the provisions of this article.
A. Under$1,000. Whenever any contemplated procurement is for the sum of less than $1,000, the
procurement agent may order the item as needed without further formality.
B. Informal Procurement; Over $1,000 but under $20,000. Whenever any contemplated
procurement is for the sum of at least$1,000 but not more than $20,000, the procurement agent is
authorized to let contracts on an "informal bid" process (three written price quotations and/or
documented telephone response with prior approval from the procurement agent), and the procurement
agent may then award the procurement to the responsible and responsive bidder that has submitted the
lowest price quote. The procurement agent may waive the "informal bid" process(three written price
quotations) of any contemplated procurement as those provisions are set forth in Section 3-4-4.
C. Formal Procurement; $20,000 or over. Whenever any contemplated procurement is for the sum
of$20,000 or more, the Town Clerk shall cause to be published in a newspaper of general circulation in
the Town one (1)time, a notice of invitation for bids or request for proposals,pursuant to Arizona
Revised Statutes 41-2533. The notice shall be published at least ten (10) days prior to the date set for the
receipt of bids and shall include a general description of the articles to be purchased or services to be
performed and the time and place for opening bids. In addition, the Town Clerk shall post a notice of
invitation for bids or request for proposals in the Town Hall and may also mail to any potential bidder a
copy of the notice inserted in the newspaper.
D. Contract Splitting. No contract shall be split into partial contracts for the purpose of avoiding
the requirements of this article nor shall any contract be manipulated so as to constitute a smaller
procurement as defined in Section 3-4-3(A) and(B) above.
E. Council Approval. No procurement contract or award of bid of$20,000 or more shall be entered
into except with the approval of the Town Council.
Page 2 of 6
Oro Valley Town Code
(00-28,Amended,09/20/2000)
Section 3-4-4 Exceptions
A. Sole Source Procurement. In the event that there is only one firm, company, or individual
capable of providing a particular service or commodity and such services or commodities cannot be
secured from other persons or companies,the bidding procedures of Section 3-4-6 shall not be
applicable, and such services or commodities may be procured without an invitation for bids or request
for proposals. Sole source procurement shall be avoided, except when no reasonable alternative sources
exist, sole source procurements in the sum of$20,000 or more thall be submitted to the Town Council for
approval.
B. Used Equipment. Upon recommendation of the procurement agent,the Council may elect to
waive the bid procedures with respect to the purchase of used equipment.
C. Cooperative Purchasing. Procurements made by, through or with the Federal Government or its
agencies, State of Arizona or its political subdivisions, or the Houston-Galveston Area Council (HGAC)
may be obtained without a formal bidding process whenever other governmental units have done so for
the same item or service if a separate bidding process is not likely to result in a lower price for such items
or services. Such procurements need not be submitted to the Council for approval but are restricted to
approved budgetary items within approved dollar amounts only.
D. Emergency Procurement. Notwithstanding any other provisions of this article. The Mayor shall
be empowered to authorize the procurement agent to make an emergency procurement of materials,
services,professional services, or construction items when there exists a threat to public health, welfare,
or safety. If a situation exists which makes compliance impracticable, unnecessary, or contrary to the
public interest, an emergency procurement shall be made without complying with the procedures of this
article through limited to those materials, services,professional services, or construction items necessary
to satisfy the emergency need. A full written report of the circumstances of any emergency procurement
shall be filed by the procurement agent with the Town Council at its next regularly scheduled meeting.
E. Professional Services. For the purpose of procuring the professional services of,but not limited
to, architects, engineers, financial professionals, and legal counsel, each department head may procure
such services without an invitation for bid or request for proposal procurement process, except that
awards exceeding$20,000 in amount shall require approval by resolution of the Council. No contract for
the services of legal counsel may be awarded without the authorization of the Town Attorney except as
otherwise provided by law.
(00-28,Amended,09/20/2000)
Section 3-4-5 Performance Bond
A. Bid Bond. Pursuant to Arizona Revised Statutes 48-5 84, a bid bond is required for all public
improvement projects in order to protect the Town in the event that the bidder refuses to enter into a
contract after the award to the bidder or withdraws the bid before the award is declared. The bond shall
be for an amount not less than ten percent(10%) of the total bid, in cash or otherwise, and filed with the
Town Clerk at the time of submission of the bid.
B. Performance Bond. Pursuant to Arizona Revised Statutes Section 34-222 (A)(1), a performance
bond is required conditioned on the faithful performance of the contract. The procurement agent shall
require a performance bond, in cash or otherwise, for an amount equal to the full contract amount to
secure the execution of the contract. A performance bond is solely for the protection of the Town.
C. Payment Bond. Pursuant to Arizona Revised Statutes Section 34-222 (A)(2), a payment bond is
required for the protection of all persons directly supplying the labor and material to the contractor or its
subcontractors for the performance of the work provided for in the contract. The procurement agent shall
require a payment bond, in cash or otherwise, for an amount equal to the full contract amount to secure
Page 3 of 6
Oro Valley Town Code
the execution of the contract. A payment bond is solely for the protection of claimants supplying labor or
materials to the contractor or his subcontractors in the prosecution of the work provided for in such
contract.
(00-28,Amended,09/20/2000)
Section 3-4-6 Invitation for Bids/Request for Proposals
An invitation for bids or request for proposals shall be issued and shall include the item descriptions
and all contractual terms and conditions applicable to the procurement. The procurement agent and all
parties contracting with the Town shall follow the procedure set forth in this Article.
A. All notices and solicitations of bids shall state the time and place for opening.
B. All bids shall be submitted sealed to the Town Clerk and shall be identified as bids on the
envelope.
C. All bids shall be opened in public at the time and place stated in the public notice. Bids received
after the appointed time, shall be returned unopened.
D. The Town Council shall have the authority to reject any and all bids and parts of all bids and re-
advertise or re-solicit bids.
E. The bid shall be awarded to the lowest responsible and responsive bidder whose bid conforms in
all material respects to the requirements and criteria set forth in the invitation for bids or request for
proposals,pursuant to Arizona Revised Statute Section 41-2533.
(00-28,Amended,09/20/2000)
Section 3-4-7 Competitive Bidding Procedures
A. Improvement Districts. Pursuant to Arizona Revised Statutes Section 48-581, the Town shall
use competitive bids in an Improvement District
B. Use of Town Employees for Construction Projects. Construction projects can be completed by
regularly employed Town personnel without going out to bid provided:
1. The Town uses its own employees for street,road,bridge,water or sewer work,without
advertising for bids if the total cost of the project does not exceed a threshold amount of$169,497.00 for
FY 99/00, as provided by Arizona Revised Statutes Section 34-201(D).
2. The Town constructs,reconstructs, installs, or repairs a natural gas or electric utility and
water distribution system, owned and operated by the Town,with their employees without going to bid
unless otherwise prohibited by ordinance,pursuant to Arizona Revised Statutes Section 34-201(E).
3. For all other projects,the Town completes a project that it believes can be advantageously
done by its own employees provided that the total cost of the work, excluding materials and equipment
previously acquired by bid, does not exceed a threshold amount of$15,726.00 for FY 99/00, as provided
by Arizona Revised Statutes Section 34-201(C).
4. Any construction done by the Town under this section shall comply with generally accepted
accounting principles (GAAP).
C. Development Agreements. The Town, without going to bid,may make a contribution for the
financing of public infrastructure pursuant to a development agreement up to a threshold amount of
$112,331.00 for FY 99/00, as provided by Arizona Revised Statutes Section 34-201(F).
D. Change Orders. Written notice of any change order or accumulative change order over twenty
percent(20%) shall be submitted to the Council for approval.
E. Brand Name Specification. A brand name item or approved alternative specification shall only
be used when the procurement agent determines that use of a brand name item is advantageous to the
Town.
F. Lowest Responsible and Responsive Bidder. Unless the procurement agent or Town Council
should exercise the right of rejection as provided by this article, the procurement shall be made from the
lowest responsible and responsive bidder for the entire procurement or for any part thereof. In
Page 4 of 6
Oro Valley Town Code
determining the lowest responsible and responsive bidder, the procurement agent or Town Council shall
consider the following:
1. The ability, capacity, and skill of the bidder to perform the contract or provide the service
required.
2. Whether the bidder can perform the contract or provide the services promptly or within the
specified time.
3. The quality of performance of previous contracts.
4. The previous and existing compliance by the bidder with laws and ordinances of the Town.
5. The financial resources and ability of the bidder to perform the contract.
6. The quality, availability, and adaptability of the supplies or services.
(00-28,Amended,09/20/2000)
Section 3-4-8 Surplus Property
A. Surplus Property Listing. All departments and divisions shall submit to the procurement agent,
at such time and in such form prescribed, written reports showing all supplies and equipment which are
no longer used or have become obsolete or worn out. A listing of surplus property shall be maintained
and such property shall be transferred between departments and divisions as needed prior to pursuing any
disposal method.
B. Disposal Process of Surplus Property. The procurement agent shall have the authority to
dispose of any surplus property which it principally had a right to acquire. If the property cannot be used
by any department or division or has become unsuitable for Town use,the procurement agent may
pursue, in good faith, any disposal process which benefits the Town. If found to be in the interest of the
public and within the reasonable discretion of the procurement agent,the procurement agent may:
1. Sell the surplus property at public auction.
2. Trade the surplus property for credit against new purchases.
3. Sell the surplus property through the competitive sealed bidding process after proper public
notice.
4. May consign surplus property to third parties for sale upon terms advantageous to the Town.
Such method may not be used unless,in the opinion of the procurement agent, it is the only viable
disposal method available.
5. Gift to charity if in the opinion of the procurement agent the surplus property cannot
otherwise be disposed of using any of the other methods described in this section.
C. Surplus Property Proceeds. All proceeds from the sale of surplus property shall be deposited in
the appropriate revenue account of the Town.
(00-28,Amended,09/20/2000)
Section 3-4-9 Signatures on Checks
A. Less than $1,000. All checks for expenditures of Town monies for an amount of less than
$1,000 shall bear one signature of either the Town Manager, Town Clerk, or Finance Director.
B. Greater than $1,000. All checks for expenditures of Town monies for an amount equal to or
greater than $1,000 shall bear two signatures of the Town Manager,Town Clerk, or Finance Director.
C. Signator. The Mayor and Vice-Mayor may serve as a signator for any expenditure in the absence
of the Town Manager, Town Clerk, or Finance Director.
(00-28,Amended,09/20/2000)
Section 3-4-10 State Preemption
Notwithstanding any other portion of this Article, in the event any procurement falls within the
definitions for limitations of Arizona Revised Statutes Section 34-201, as amended, the provisions,
Page 5 of 6
Oro Valley Town Code
requirements, and specifications of the relevant portions of the Arizona Revised Statutes shall supercede
this Article and control any such bidding procedures.
(00-28,Amended,09/20/2000)
Section 3-4-11 Prohibited Activities
Any disclosure by a town employee of the terms of a bid submitted in response to a bid notice issued
by the Town of Oro Valley in advance of the time set for opening of all bids so submitted shall be
unlawful.
(00-28,Amended,09/20/2000)
Page 6 of 6
Procurement SOP
TOWN OF ORO VALLEY
STANDARD OPERATING PROCEDURE
Date
Issued: July 25, 1991
SUBJECT: PROCUREMENT OF MATERIALS,
SERVICES, PROFESSIONAL Effective
SERVICES, AND CONSTRUCTION Date: October 20, 2000
Cancellation
Date:
Supersedes No. 2
Dated: November 23, 1999
COPIES TO: All Department Heads and Town Council
POLICY:
It is the administrative policy of the Town of Oro Valley to make all
of goods and services with a high degree of ethical
procurements
integrity and byselection of the most economical and cost effective
g Y
vendors and suppliers. Procurement procedures, as outlined
herein, shall be followed to establish and ensure the integrity and
accountability of the Town of Oro Valley procurement process.
AllP ublic officials authorized to incur a debt for the Town of Oro
Valley shall use the procurement process requirements pursuant to
Article 3-4 of the Town Code and this Standard Operating
Procedure and shall comply with the following procurement
standards:
• The authority to incur a debt on behalf of the Town of Oro
Valley is a public trust and each procurement shall be
treated in a manner that will not in any way be adverse to the
interest of the Town.
• That each procurement shall be made impartially, fairly and
without benefit or hint of personal benefit to the public official
who is making the procurement.
• No public official of the Town shall demand or accept a
gratuity of any kind in return for making a procurement for
the Town. Gratuities shall mean gifts, money, or services or
the promise of any gifts, money or services.
1
• All vendors shall be dealt with in a fair, courteous, and
honest manner.
1, Applicability
Pursuant to Article 3-4 of the Town Code, this standard operating
• procedure (SOP) a lies to every procurement of materials,
pp
services, professional services, and construction with public monies
irrespective of their sources, including federal assistance monies
except as otherwiseprovided rovided in this SOP, initiated after its effective
date. This SOP also applies to the disposal of materials. Nothing
prevent this
SOP shall this Town from complying with the terms
and
conditions of anygrant, gift, bequest, or cooperative
procurement If the involves the expenditure of federal
assistance
or contract monies or is subject to state law, the Town
shall comply
with federal and state law and authorized regulations
which are applicable mandatorilya licable and which may not be reflected in
this SOP or the Town Code.
2. Definitions
Brand Name Specification means a specification limited to one or
more items
bymanufacturer name or catalog numbers of which the
standard of quality, performance, and other characteristics meet the
Town's requirements.
Change Order means an authorized written order which directs the
contractor
to make changes to the contract for construction of
public improvements.
Construction means the process of building, altering, repairing,
vin or demolishing any public structure or building, or any
improving,
other public improvements of any kind to any public real property.
Disposal of Material means sale of surplus property by public
auction, trade, or competitive sealed bidding.
c means anycondition, in reference to procurement,
Emergency .
resulting from a sudden unexpected happening or unforeseen
res g health or
occurrence or condition and situation wherein the public
safety is endangered.
Invitation for Bids means all documents, whether attached or
incorporated
byreference, which are used for soliciting bids.
Materials means all property, including, but not limited to,
equipment, supplies,lies, printing, and leases of real property
but does not include land.
2
Procurement means to obtain by means of monetary payment in
the forms ofurchasin , renting, leasing, or otherwise acquiring
P 9
any materials, services, professional services, or construction.
Professional Services means those services requiring special
knowledge, education, or skill and where the qualifications of
persons rendering the services are of primary importance.
Public Improvement means any of the following:
1. Building, erecting,erectin , constructing, or improving any street,
sidewalk, alley, or other public way.
2. Building, erecting, constructing any improvements to the
water system, sanitary sewer system, any storm sewer,
drainage ditch, waterway bridge or culvert within the Town.
3. Any building or structure, or modification to any building or
structure, located on property or right-of-way in which the
Town has a property interest.
Public Official means all members of the Town Council and all
members of staff authorized to make procurements.
Request for Proposals means all documents, whether attached or
•
incorporated byreference, which are used for soliciting proposals.
P
Responsible and Responsive Bidder means a person who submits
a bid which conforms in all material respects to the invitation for
bids or request for proposals and who has the capability to perform
the contract requirements with the integrity and reliability which will
assure9 ood faith performance, pursuant to ARS X41-2531
Services means the furnishings of labor, time or effort by contractor
or subcontractor, which does not involve those services requiring
special knowledge, education, orskill.
Specification means any description of the physical or functional
p
characteristics, or of the nature of a material, service, professional
service, or construction item. Specification may include a
description ofrequirement for inspecting, testing, or preparing a
P any
material, service, P rofessional service, or construction item for
delivery.
3. Procurement Provisions and Procedures
The Town Manager, or his/her designee, shall act as the
111 procurement agent for the Town. No procurement of any kind or
Y
,
descri tionpayment for which is to be made from funds of the
P P
Town, shall be made by the procurement agent, or any officer,
g
or
employee, a ent of the Town, except in the manner set forth in
3
Article 3-4 of the Town Code. The procurement agent shall
describe and maintain such forms and rules as deemed appropriate
for the operation of these procurement provisions.
0 A. Informal Procurement - Under $1,000
Whenever any contemplated procurement is for the sum of less
than $1,000, theP rocurement agent may order the item as needed
without further formality. Expenditures whose aggregate amount is
$1,000 or less may be made at the discretion of the Department
Head without a Town purchase order. Proper receipts must be
obtained to account for the procurement. Such receipts must be
initialed by the public official receiving the goods or services and
the Department Head before payment of invoice. Procurements
made through the use of the petty cash fund shall be limited to $25
or less. Public official reimbursements or cash advances for minor
expenses must be adequately documented with proper receipts
and initialed by the public official and Department Head. Such
receipts and an accounting of the petty cash fund shall be
maintained by the custodians of petty cash on a daily basis.
Finance Department personnel shall determine on a case-by-case
basis the amount of each petty cash fund to be established for the
purpose.
B. Informal Procurement - Over $1,000 but under $20,000
0 1. Procurement Provision
Whenever any contemplated procurement is for the sum of at least
$1,000 but not more than $20,000, the procurement agent is
authorized to let contracts on an "informal bid" process (three
written price quotations and/or documented telephone responses
with prior approval from the procurement agent), and the
procurement agent may then award the procurement to the
responsible and responsive bidder that has submitted the lowest
P quote.uote. The procurement agent may waive the "informal bid"
process (three written price quotations) of any contemplated
procurement consistent with those provisions set forth in section 3-
D.
2. Purchase Requisitions/Purchase Orders
A purchase requisition shall be prepared for each informal
procurement. The purchase requisition shall be complete and shall
include the following minimum information:
a. Vendor name and address
0 b. Budgetary account number
c. Description and quantityof goods or services requested.
p
4
d. Cost of9 oods or services requested to include taxes,
transportation and any other costs related to the procurement.
If actual cost is not known, a reasonable
estimate of costs must be provided.
ep
A brief explanation of the purpose or use of the goods or
services to be procured.
g
f.
Budget line item information indicating the availability of
adequate departmental funding for the proposed
q p
procurement.
Three written price quotations/three documented telephone
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responses.
Purchase requisitions shall be completed by each public official as
the need for supplies, materials, equipment or services arises and
must be by
signed the Department Head indicating his or her
g
approval.
The copy
original of the purchase requisition shall be submitted to
g
the Finance Department for preparation of a purchase order. An
authorized signer shall sign each purchase order in order to confirm
9
that the procurement amount has been encumbered in the Town's
accounting system stem and that the procurement is within budgetary
limitations.
The Finance Department will retain one copy for the Town records,
return a second copy to the department submitting the purchase
requisition and mail the original purchase order to the vendor.
The copy
department of the purchase order shall be retained and
p
filed by department de artment for quick reference as needed.
Purchase requisitions for the Town Council may be requested by
anyCouncilmember and shall be approved by the Mayor or Town
Manager. The Town Manager shall maintain the department file of
g
purchase orders for quick reference.
3. Receiving Procedures
Upon receipt of the goods and/or services, the public official who
p P
received the goods or services shall note on the original billing
invoice:
a. Approval in full or resolution or any required
adjustment.
b. TheP urchase order number satisfied or the
appropriate ro riate budgetary account number to be charged.
c. Department Head's approval for payment.
5
The original billinginvoice shall then be forwarded to the Finance
9
Department for actual payment to the vendor or supplier.
1111 The Department Head may, at his or her discretion, authorize any
one of its employees to approve invoices for payment on his or her
behalf provided that it is not the same employee who signed for the
goods t of the or services. Said authorization must be in
writing and must specify a dollar amount not to exceed, per invoice.
Copies of this authorization shall be forwarded to the Finance
Director and the Town Manager. The Department Head may
revoke said authorization at any time.
Purchase orders will be closed on the Town's accounting system
after the corresponding invoice has been approved for payment.
C. Formal Procurement - $20,000 or over
1 . Procurement Provision
Whenever any contemplated procurement is for the sum of $20,000
or more, the Town Clerk shall cause to be published in a
newspaper of general circulation in the Town one (1) time, a notice
of invitation for bids or request for proposals, pursuant to Arizona
Revised Statutes § 41-2533. The notice shall be published at least
0 ten (10) days prior to the date set for the receipt of bids and shall
(10)
include a general description of the articles to be procured or
services to be performed and the time and place for opening bids.
In addition, the Town Clerk shall post a notice of invitation for bids
or request for proposals in the Town Hall and may mail to any
potential bidder a copy of the notice inserted in the newspaper.
Please refer to Section 3-D of this SOP for any exceptions that may
apply to proposed procurements of $20,000 or more.
2. Invitation for Bids/Request for Proposals
An invitation for bids or request for proposals shall be issued and
shall include the item descriptions and all contractual items and
conditions applicable to the procurement. The procurement agent
and allp arties contracting with the Town shall follow the procedure
set forth in this SOP.
a. All notices and solicitations of bids shall state the time and
place for opening.
b. All bids shall be submitted sealed to the Town Clerk and
1110 shall be identified as bids on the envelope.
6
c. All bids shall be opened in public at the time and place
statedpublic in the notice. Bids received after the appointed time,
shall be returned unopened.
• d.
The Council shall have the authority to reject any and all bids
andP arts of bids and re-advertise or re-solicit bids.
e. procurement rocurement contract or award of bid of $20,000 or more shall be entered into except with the approval of the Council.
f. The bid shall be awarded to the lowest responsible and
responsive bidder whose bid conforms in all material respects to
the requirements and criteria set forth in the invitation for bids or
request for proposals, pursuant to Arizona Revised Statute § 41-
2533.
3. Determination of the Lowest Responsible and Responsive
Bidder
Unless theP rocurement agent or Council should exercise the right
of provided rejection by this SOP, the procurement shall be made from the lowest responsible and responsive bidder for the
entirerocurement or for any part thereof. In determining the
p � �
lowest responsible and responsive bidder the procurement agent or
P
Council shall the consider the following:
a. The ability, capacity, and skill of the bidder to perform the
contract or provide the service required.
b. Whether the bidder can perform the contract or provide the
services promptly or within the specified time.
c. The quality of performance of previous contracts.
d. TheP revious and existing compliance by the bidder with
laws and ordinances of the Town.
e. The financial resources and ability of the bidder to perform
the contract.
f. Theualit , availability, and adaptability of the supplies or
q Y
services.
4. Change Orders
Written notice of any change order or accumulative change order
over twenty percent (20%) shall be submitted to the Council for
• approval.
7
5. Purchase Requisitions/Purchase Orders
Aurchase requisition shall be prepared for each formal
p q . .
procurement.•
The purchase requisition shall be complete and shall
include the following minimum information:
a. Vendor name and address
b. Budgetary account number
c. Description and quantity of goods or services requested.
d. Cost of goods or services requested to include taxes,
transportation and any other costs related to the
procurement. If actual cost is not known, a reasonable
estimate of costs must be provided.
e. A brief explanation of the purpose or use of the goods or
services to be procured.
f. Budget line item information indicating the availability of
adequate departmental funding for the proposed
procurement.
P
g.
Documentation supporting the award of bid by the Town
0 Council.
Purchase requisitions shall be completed by each public official and
must be signed by the Department Head.
The originalof the purchase requisition shall be submitted to
g copy
the Finance Department for preparation of a purchase order. An
authorized signer shall sign each purchase order in order to confirm
that theP rocurement amount has been encumbered in the Town's
accounting system.
The Finance Department will retain one copy for the Town records,
return a second copy to the department submitting the purchase
requisition and mail the original purchase order to the vendor.
The department copy of the purchase order shall be retained and
filed by the department for quick reference as needed.
6. Receiving Procedures
Upon receipt of the procured goods and/or services, the public
P P
official who received the goods or services shall note on the original
ill billing invoice:
a. Approval in full or resolution or any required adjustment .
8
b. TheP urchase order number satisfied or the appropriate
budgetary account number to be charged.
c. Department Head's approval for payment.
The original billinginvoice shall then be forwarded to the Finance
9
Department for actual payment to the vendor or supplier.
The Department Head may, at his or her discretion, authorize any
one pp
employee to a rove invoices for payment on his or her behalf
provided that it is not the same employee who signed for the receipt
of the goods or services. Said authorization must be in writing and
must specify ecif a dollar amount not to exceed, per invoice. Copies of
this authorization shall be forwarded to the Finance Director and
the Town Manager. The Department Head may revoke said
authorization at any time.
Purchase orders will be closed on the Town's accounting system
after the corresponding invoice has been approved for payment.
D. Exceptions
1. Sole Source Procurement
In the event that there is only one firm, company, or individual
capable of providing a particular service or commodity and such
services or commodities cannot be secured from other persons or
companies, the procurement provisions of Sections 3-B and 3-C
p
shall not be applicable, and such services or commodities may be
procured without an informal bidding process, an invitation for bids
or
request for proposals. Sole source procurement shall be
q
avoided, except when no reasonable alternative sources exist.
Sole sourcep rocurements in the sum of $20,000 or more shall be
submitted to the Council for approval.
2. Used Equipment
Upon recommendation of the procurement agent, the Council may
p
elect to waive the bid procedures with respect to the purchase of
used equipment.
3. Cooperative Purchasing
Procurements made by, through or with the federal government or
its agencies, State of Arizona or its political subdivisions, or the
Houston-Galveston Area Council (HGAC) may be obtained without
a formal bidding process whenever other governmental units have
110 done so for the same item or service, if a separate bidding process
is not likely to result in a lower price for such items or services.
Suchp rocurements need not be submitted to the Council for
9
approval but are restricted to approved budgetary items within
approved dollar amounts only.
4. Emergency Procurement
Notwithstanding any other provisions of this article, the Mayor shall
be empowered to authorize the procurement agent to make an
emergency procurement of materials, services, professional
g Y
services, or construction items when there exists a threat to public
health, welfare, or safety. If a situation exists which makes
compliance impracticable, unnecessary, or contrary to the public
P P
interest, an emergency procurement shall be made without
complying with the procedures of this article, though limited to
those materials, services, professional services, or construction
items necessary to satisfy the emergency need. A full written
report of the circumstances of any emergency procurement shall be
P
filed by its procurement agent with the Town Council at next
regularly scheduled meeting.
5. Professional Services
For the purposes of procuring the professional services of, but not
limited to, architects, engineers, financial professionals, and legal
counsel, each department head may procure such services without
an invitation for bid or request for proposal procurement process,
except that awards exceeding $20,000 in amount shall require
approval by resolution of the Council. No contract for the services
of legal counsel may be awarded without the authorization of the
Town Attorney except as otherwise provided by law.
E. Contract Splitting
No contract shall be split into partial contracts for the purpose of
avoiding the requirements of this article nor shall any contract be
manipulated so as to constitute a smaller procurement as defined in
Sections 3B and 3C.
F. Bonds
1. Bid Bond
Pursuant to Arizona Revised Statute X48-584, a bid bond is
required for all public improvement projects in order to protect the
Town in the event that the bidder refuses to enter into a contract
after the award to the bidder or withdraws the bid before the award
is declared. The bond shall be for an amount not less than ten
Percent (10%) of the total bid, in cash or otherwise, and filed with
the Town Clerk at the time of submission of the bid.
2. Performance Bond
10
Pursuant to Arizona Revised Statute §34-222 (A) (1), a
performance bond is required conditioned on the faithful
performance of the contract. The procurement agent shall require
411 a performance bond, in cash or otherwise, for an amount equal to
the full contract amount to secure the execution of the contract. A
performance bond is solely for the protection of the Town.
3. Payment Bond
Pursuant to Arizona Revised Statutes §34-222 (A) (2), a payment
bond is required for the protection of all persons directly supplying
the labor and material to the contractor or its subcontractors for the
performance of the work provided for in the contract. The
procurement agent shall require a payment bond, in cash or
otherwise, for an amount equal to the full contract amount to secure
the execution of the contract. A payment bond is solely for the
protection of claimants supplying labor or materials to the
contractor or his subcontractors in the prosecution of the work
provided for in such contract.
G. Development Agreements
The Town, without going to bid, may make a contribution for the
financing of public infrastructure pursuant to a development
agreement up to a threshold amount of $112,331.00 for FY
1999/2000, as provided by Arizona Revised Statutes §34-201(F).
H. Brand Name Specification
A brand name item or approved alternate specification shall only be
used when the procurement agent determines that use of a brand
name item is advantageous to the Town.
1. Improvement Districts
Pursuant to Arizona Revised Statutes §48-581, the Town shall use
competitive bids in an improvement district.
J. Prohibited Activities
Any disclosure by a Town employee of the terms of a bid submitted
in response to a bid notice issued by the Town of Oro Valley in
advance of the time set for opening of all bids so submitted shall be
unlawful.
4. Use of Town Employees for Construction Projects
• Construction projects can be completed by regularly employed
Town personnel without going out to bid provided:
11
• The Town uses its own employees for street, road, bridge,
water or sewer work, without advertising for bids if the total
cost of the project does not exceed a threshold amount of
• $169,497.00 for FY 1999/2000, as provided by Arizona
Revised Statutes X34-201(D).
• The Town constructs, reconstructs, installs, or repairs a
natural gas or electric utility and water distribution system,
owned and operated by the Town, with their employees
without going to bid unless otherwise prohibited by
ordinance, pursuant to Arizona Revised Statutes §34-
201(E).
• For all other projects, the Town completes a project that it
believes can be advantageously done by its own employees
provided that the total cost of the work, excluding materials
and equipment previously acquired by bid, does not exceed
a threshold amount of $15,726.00 for FY 1999/2000, as
provided by Arizona Revised Statutes X34-201(C).
• Any construction done by the Town under this section shall
comply with generally accepted accounting principles
(GAAP).
5. Surplus Property
A. Surplus Property Listing
All departments and divisions shall submit to the procurement
agent, at such time and in such form prescribed, written reports
showing all supplies and equipment which are no longer used or
have become obsolete or worn out. A listing of surplus property
shall be maintained and such property shall be transferred between
departments and divisions as needed prior to pursuing any disposal
method.
B. Disposal Process of Surplus Property
The procurement agent shall have the authority to dispose of any
surplus property which it principally had a right to acquire. If the
property cannot be used by any department or division or has
become unsuitable for Town use, the procurement agent may
pursue, in good faith, any disposal process which benefits the
Town. If found to be in the interest of the public and within
reasonable discretion of the procurement agent, the procurement
agent may:
• Sell the surplus property at public auction.
• Trade the surplus property for credit against new purchases.
12
• Sell the surplus property through the competitive sealed
bidding process after proper public notice.
IP • May consign surplus property to third parties for sale upon
terms advantageous to the Town. Such method may not be
used unless, in the opinion of the procurement agent, it is
the only viable disposal method available.
• Gift to charity if in the opinion of the procurement agent the
surplus property cannot otherwise be disposed of using any
of the other methods described in this section.
C. Surplus Property Proceeds
Allp roceeds from the sale of surplus property shall be deposited in
the appropriate revenue account of the Town.
6. Signatures on Checks
A. Less than $1,000
All checks for expenditures of Town monies for an amount of less
than $1,000 shall bear one signature of either the Town Manager,
Town Clerk, or Finance Director.
0 B. Greater than $1,000
All checks for expenditures of Town monies for an amount equal to
or greater than $1,000 shall bear two signatures of the Town
Manager, Town Clerk, or Finance Director.
C. Signator
The Mayor and Vice-Mayor may serve as a signator for any
expenditure in the absence of the Town Manager, Town Clerk, or
Finance Director.
i i
LA.-----
so
Charles F. Sweet, Town Manager
IP .
13
W
RESOLUTION NO. (R)01- 28
A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF
THE TOWN OF ORO VALLEY, ARIZONA, RESCINDING
RESOLUTION NO. (R)97-03 AND RE-ENACTING THE FISCAL
AND BUDGETARY POLICY FOR ADMINISTRATION OF THE
FINANCIAL OPERATIONS OF THE TOWN OF ORO VALLEY,
ARIZONA.
WHEREAS, on January 21, 1997, the Council did approve Resolution No. (R)97-
03, which adoptedbudgetary a fiscal and bud etary policy for administration of the financial
operations of the Town of Oro Valley, Arizona, and;
updating establishingand u dating fiscally sound budgetary policies and
practices will enable the Town to achieve and maintain a long-term stable and
positive financial condition, and;
the of developing fiscal and budgetary policies provides
WHEREAS, process g
guidelines
to Town Management in planning and managing the Town's day-to-
day financial
affairs and in developing recommendations to the Town Council,
and;
WHEREAS, publicly adoptedpolicies contribute significantly to credibility and
confidence in government from the public and financial community, and;
WHEREAS, an explicit policy olic facilitates continuity in handling the Town's
financial affairs;
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND TOWN
COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA:
Section 1 — That Resolution No. (R)97-03 is hereby rescinded.
9
Section 2
— Balanced Budget The Town will develop an annual budget whereby
recurring
Town revenues will be sufficient to support recurring operating
expenditures with no use of the General Fund contingency to support ongoing
operational expenses.
Section 3 — Contingency Reserve The Town will maintain, at a minimum, a
g Y o
contingency
reserve in the General Fund which represents 20% of the General
Fund and Highway Fund's combined annual expenditures. Contingency
g y . ,
reserves
in excess of the minimum may, at the Town Councils discretion, be
used to fund "one-time" non-recurring expenditures.
Section
4 — Level of AuthorityThe Town's annual budget shall be legally
adopted by
the Town Council at the fund level, except in the General Fund,
department level. To provide sufficient control
where it shall be adopted at the p
d ets shall be prepared and monitored by major
and accountability, bug
erations and maintenance, capital outlay,
expenditure categories (personnel, op
debt service).
Section 5 — Service Level Funding din Given that the provisions of Section 1 and
Section 2 of this Resolution have been satisfied, every effort will be made to
' existinglevels of public services for the community.
maintain, at a minimum,
Section 6 Lapsing of Appropriations All budgetary appropriations that have not
been expended or lawfully
encumbered shall lapse at the end of the fiscal year,
capital projects in progress at fiscal year end shall
June 30. Appropriations for
be made for the subsequent fiscal year.
Section 7 Budget Amendments and Transfers Because detailed budgets are
Town to be a planningtool for department management,
considered by the
departments should have some degree of flexibility in establishing and adjusting
expenditure categories (personnel, operations and
such detail including majorp
maintenance, capita
l outlay, debt service). To provide such flexibility, the
following budget amendment and transfer provisions shall apply:
A) Transfers between funds shall require the recommendation of the
Town Manager and formal action by the Town Council.
B) Transfers
between the line items within each major expenditure
category shall be permitted upon recommendation of the Department Head and
approval by the Town Manager.
C) Transfers
between the line items or major expenditure categories to
or increased
fund additional personnelexpenditures as a result of personnel
reclassifications shall require the recommendation of the Town Manager and
formal action by the Town Council.
D) Transfers between the operations and maintenance and capital
categories shall be permitted upon recommendation of
outlay major expenditure
the Department Head and approval by the Town Manager.
E) Transfers that would reduce or eliminate funding for items
adopted Capital Improvements Program shall require the
designated in the p p
recommendation of the Town Manager and formal Council action.
F) Transfers that would reduce or eliminate funding for debt service
shall require the recommendation of the Town Manager and formal Council
action.
' r
g g
Section 8 Long-Range Lon Ran e Forecasts The Town's annual budget shall include
forecasts for the proposed current budget plus an additional two years to
revenue p p
test the ability
of the Town to absorb expenditures and to react to changes in the
economy or service demands.
Section 9
— Performance Measurement The Town will minimize the financial
burden on taxpayers by
ers
its tax a routinely evaluating both its administrative and direct
service delivery systems stems in terms of efficiency, effectiveness and
responsiveness. Technologywill be utilized when feasible to increase efficiency
and cost-effectiveness.
Section 10 — ProductivityImprovements The Town will promote the
ndin that its employees are its most valuable resource and will employ
understanding
sound managementpractices ractices when planning for service delivery. The Town will
committed to maintainingand improving the productivity of staff through a
be
pleasant workingenvironment, appropriate equipment including office automation
andcomputerapplications,a lications, necessary training and adequate supplies and
materials as resources and adopted policies permit.
PASSED,
ADOPTED AND APPROVED by the Mayor and Town Council of the
Town of Oro Valley, Arizona, this 18th day of April , 2001
TOWN OF ORO VALLEY, ARIZONA
Paul H. Loomis, Mayor
ATTEST:
Kat n E. Cuvelier, Town Clerk
APPROVED AS TO FORM:
Dan Dudley, Town Attorney
Council Agenda Preparation
C) All Minutes of the Council are deemed to be Public Records, with the
exception of Executive Session Minutes, which, while they fall under the
definition of and are considered Public Records by State Statute, are
deemed confidential and are only available under limited conditions or by
court
order. Transcribed Minutes, or the audio or video recording of all
open meetings of the Council, must be on file in the Office of the Town
and available forpublic review by 5:00 p.m. on the third working
Clerk,day following each meeting, or as provided by ARS § 38-431.01.
Minutes of all meetings of the Council are made available at the Town
D) g
Clerk's office, and may be available through the Town's Web Site.
NOTICE AND AGENDA
SECTION 5.
5.1 PREPARATION AND POSTING NOTICES
A) The Town Clerk, or designee, shall prepare all public meeting notices of
the Council, and shall ensure posting of the meeting notices no less than
twenty-fou (24) hours before the date and time set for said meetings in
accordance with ARS § 38-431.02(C).
Meetingnotices shall be posted on an outside bulletin boards located at the
B)
Towny Hall Courtyard at 11000 North La Canada Drive, Oro Valley,
Arizona, in the lobbyof the Town Hall, and in the lobby of the Oro Valley
Police'Department at 11000 North La Canada Drive, Oro Valley Arizona,
or
as established bythe Disclosure Statement of the Town Council.
5.2 AGENDA S
g
A)
Agendas for Council meetings shall be prepared by the Agenda
Committee, which shall be made up of the Mayor (or Vice-Mayor), Town
Manager, Town Clerk, and one Council Member, with review of the
proposedagendaby
final the Town Attorney. The Council Member shall
be selected by the Council and his/her term shall last for three (3) months
endingwith the second Regular Council meeting of the third month and at
which time a new Council Member shall be selected.
Pursuant to ARS 3 8-431.09, the agenda shall provide information as is
B) § .
reasonablynecessaryto inform the public of matters to be discussed or
decided. All items requiring prior legal review shall be submitted to the
Town
Attorneyon or about fourteen (14) days prior to submission to the
Town Clerk's office.
111
8
F:\Council\Parl Rules&Procedures ENROLLED Office of the Oro Valley Town Attorney/GRTF 9.19.2001
Council packets will be delivered to the office of all Council Members on
or about seven (7) days prior to the Council meeting. These deadlines
maybe waived for any particular item by the Mayor or Town.Manager
only if it is determined that it is impossible to meet the deadline.
D) agendasequenceRegular
The for Re ular Council meetings shall be as follows:
1. Call to Order
2. Roll Call
3. Pledge of Allegiance
4. Upcoming meeting announcement
5. Mayor will review the Order of Business
6. Call to Audience
7. Consent Agenda
8. Business
9. Town Manager's Report
10. Call to Audience
11. Adjournment
E) The Consent Agenda shall be in accordance with the Oro Valley Town
Code Section 2-4-6.
• SECTION 6. DUTIES AT MEETINGS
6.1 MAYOR
y
A)
The Mayor shall call the meeting of the Council to order, and shall
preserve order and decorum at all meetings of the Council. The Mayor
may move, second, and debate from the chair, subject only to such
limitations of any of the rights and privileges of a Council Member. The
Mayor shall determine whether a member of the public shall be heard
consistent with the Arizona Open Meeting Laws. Public participation
shall be on an item-by-item basis and at the discretion of the Mayor except
for listed public hearings.
B)
In the event of unruly behavior of any member of the public or of the
Council, as determined by the Mayor or raised by a Council Member in a
Point of Order, the Mayor or in the Mayor's refusal, the Council, shall
issue a verbal warning that such continued unruly behavior may result in
removal from the meeting. A second verbal warning may result in
removal of the offender from the meeting. In the determination of unruly
behavior of anymember of the public by the Mayor, (or Council upon a
majority vote), the Sergeant-at-Arms shall be directed to remove the
person from the meeting room until such time as the person agrees and
publiclyacknowledges to the Mayor that there will be no further
9
F:\Council\Parl Rules&Procedures ENROLLED Office of the Oro Valley Town Attorney/GRTF 9.19.2001
Meeting Management Suggestions
MEMORANDUM
TO: Conny Culver, Council Member
FROM: Kathi Cuvelier, Town Clerk
DATE: June 18, 2004
SUBJ: Meeting Management Suggestions
Attached are some suggestions for Meeting Management and Tips to Help Meetings Run
Smoothly that have been distributed and discussed during Town Council Retreats in 1999
and 2003.
. c
Kathi Cuvelier, Town Clerk
Suggestions for Meeting Management:
Public Hearings:
• Limit staff report to 5 — 10 minutes.
• Limit applicant presentations to 10 minutes
• Limit amount of time to receive public input to 30 minutes
• Receive speaker cards up until 10 minutes prior to the consideration of each
public hearing.
• Length of public hearing limited to no more than a total of 1 hour.
• Adhere to the designated time limits.
Non-public hearing items:
• Hold 1 Call to Audience at beginning of meeting and eliminate the Call to
Audience at end of meeting.
• Start the meeting one half hour earlier— 6:30 p.m. instead of 7:00 p.m.
• Designate total meeting time from 6:30 p.m. to 10:00 p.m.
• Add time limit to each agenda item listed as we have done with Budget Agendas
in the past.
• Council Members should contact appropriate staff prior to the Town Council
meeting for background information regarding agenda items.
• If a blue speaker card is submitted on an item that is not a public hearing, and the
Mayor allows them to speak, he should state that "although this is not a public
hearing, he will allow public comment."
• Strictly adhere to the 3 minute time limit.
• As soon as the speaker is finished, turn meeting back over to the Council, as it is
not a public hearing.
• Attempt to limit requests to remove Items listed under the Consent Agenda.
(Council Members should contact appropriate staff prior to the Town Council
meeting for background information regarding agenda items.
TIPS TO HELP MEETINGS RUN SMOOTHLY
Registered Parliamentarian, Paul Lamb
In order to facilitateequitable efficient and e uitable discussion and/or debate between the
Council
Members, Mr. Lamb suggested that the Council consider adding certain
rules to the Council Rules & Procedures.
Currently, an Agenda
item is read bythe Town Clerk and brought before the
Council. Staff and the applicant make their presentations followed by questions
and discussion and/or debate by Council Members. The public is then invited to
commentby
followed additional questions of staff and the applicant and further
discussion and/or debate. The Mayor then requests a motion for action, which is
made
and seconded, and followed by additional discussion and/or debate. The
Mayor then calls for a vote.
an alternative to the current procedure, Mr. Lamb suggested that we make the
As
following profor the Mayor and Council to consider:
• Limit the number of times each Member may discuss and/or debate a
P subject.subect. For instance, Members are only allowed to talk to a
subject 2 times each.
• Limit the time of debate. For instance, each member may discuss and/or
debate ap articular subject for a total of 10 minutes. If a Member wants
additional time, they would have to move beforehand to extend the limits
of debate. The motion would have to be seconded and adopted by 2/3rds
vote of the Council.
• Instead of the Mayor asking for a motion, he might say "We will now take
Y
the vote. The motion before us is
• Each member will have 1 minute to make and explain their vote. (The
motion and 1 minute explanation for each member would always be
placed in the minutes). Mayor could direct the Clerk to set the timer for 1
minute, which would take the responsibility off of the Mayor to keep track
of the time.
Future Agenda Items
8.7 COUNCIL COMMUNICATIONS
A Council Member mayask Staff about a particular issue in the report, but discussion
and action on any item mentioned in a Council Communication may not be held unless
that item is properly placed on the agenda.
8.8 ORDER OF PRESENTATION
Town Clerk shall introduce each
The agenda item as it comes to Council for
consideration and/or action. Following the introduction of the agenda item by the Town
Clerk andP resentation of Staff reports, the Mayor shall entertain questions from the
Council and, where appropriate, permit public participation. Next, a motion may be
made and a vote may be had as provided for in these Rules & Procedures.
8.9
TOWN MANAGER, COUNCIL, AND STAFF REPORTS
%The Town Manager's, Council's, and Staff reports may be in writing or oral in
accordance with the Arizona Open Meeting Law. Any Council Member may ask the
Town Manager, Council Member, or Staff member about a particular item in the report,
but discussion and action on any item mentioned in the report may not be held unless that
item is properly placed on the agenda.
8.10 FUTURE AGENDA ITEMS
Any Council Member may request that an item be placed on a future agenda by
contacting a member of the Agenda Committee. This provision applies to the Mayor and
Council Members. However, if two (2) or more Council Members request that an item
gg
0 on the agenda, then it shall be put on the agenda if it is submitted to the Agenda
Committee twelve (12) days before the Council meeting date.
SECTION 9. PUBLIC HEARING PROCEDURE
9.1
AGENDA PROCEDURE FOR PUBLIC HEARING
A Public Hearing maybe placed on the agenda under the same agenda item as the
discussion and action of the Council. The normal procedure for Public Hearings shall be
as set forth hereafter.
A) The agenda item shall be called by the Town Clerk as any other agenda
item.
B) Staff shall have an opportunity to report on the issue and answer questions
by the Council.
12
c•\rrnincil\Part Rules&Procedures ENROLLED Office of the Oro Valley Town Attorney/GRTF 9.19.2001
o_LEY A/Y
o ��
o�
0
crkb,
ovLADED 191
MEMORANDUM
Office of the Town Attorney
To: Mayor and Council
From: Mark J. Langlitz,Town Attorney
Cc: Chuck Sweet, Town Manager
Date: August 18,2004
Re: Role of Town Attorney
The role of a town attorney in Arizona is defined in Rule 42 of the Rules of the Arizona
Supreme Court. Ethical Rule 1.13 entitled"Organization as Client"states that a lawyer
employed or retained by an organization represents the organization acting through its duly
authorized constituents. This is commonly referred to as the"Entity Theory of Ethics". In the
case of a town attorney,the attorney represents the town acting through its constituents
(officers and employees). Constituents of the town include the Town Council.
Official Comment [3]to Ethical Rule 1.13 states that decisions made by constituents
ordinarily must be accepted by the lawyer. It is only where the lawyer knows that the
organization may be substantially injured by action of a constituent in violation of law that
the lawyer must act otherwise. In such a case,the attorney must act in the best interests of the
organization. Whether a town attorney is hired by and works at the pleasure of a town
manager or a town council,the attorney's role and the client remain the same.
Ethical Rule 2.1 entitled"Advisor"states as follows:
"In representing a client, a lawyer shall exercise independent professional
judgment and render candid advice. In rendering advice, a lawyer may refer
not only to law but to other considerations such as moral, economic, social and
political factors,that may be relevant to the client's situation."
This means that a town attorney cannot allow outside influences to affect his or her
independent professional judgment. Again,whether a town attorney is hired by and works at
the pleasure of a town manager or a town council,neither the attorney's opinion nor the
discharge of his or her duties can be subject to influence by outside factors.
Attached is a copy of Ethical Rule 1.13 and the Official Comments to the Rule.
ER 1.13. Organization as Client
Text of rule effective December 1, 2003
(a) A lawyer employed or retained by an organization represents the organization acting
through its duly authorized constituents.
(b) lawyer for an organization knows that an officer, employee or other person
associated with.the..organization is engaged in action, intends to act or refuses to act in a
matter related'to the representation that is a violation of a legal obligation to the organiza-
tion, or a violation of law which reasonably might be imputed to the.organization,and is likely
to result in substantial injury to the organization, the lawyer,shall proceed as is reasonably
necessary in the best interest of the organization. In determining how to proceed,the lawyer
shall give due consideration to the seriousness of the violation and its consequences,the scope
and nature of the lawyer's representation, the responsibility in the organization and the
apparent motivationof the person involved, the policies of the organization concerning such
matters and any other relevant considerations. . Anymeasures taken shall be designed to
minimize disruption of the organization and the risk of revealing information relating to the
representation,.to persons outside..the organization: Such measures may include among
others:` • .
(1) asking for reconsideration of the matter;
(2) advising that a separate legal opinion on the matter be sought for presentation to
appropriate authority in the organization; and
(3) referring the matter to 'higher-authority in the organization, including, if warranted
by the seriousness of the matter, referral to the highest authority that can act on behalf of
the organization as determined by applicable.law. •
(c) If, despitethe lawyer's efforts in accordance with paragraph (b), the highest authority
that can act on behalf of:the organization insists upon action,or a refusal to act,that is clearly
152
RULES OF THE SUPREME COURT Rule 42ER 1.13
a violation of law and is likely to result in-substantial injury to the organization, the lawyer
may resign in accordance with ER 1,16.
(d) In dealing with an organization's directors, officers, employees, members, shareholders
or other constituents, a lawyer shall explain the identity of the client when the lawyer knows
or reasonably should know that the organization's interests are adverse to those of the
constituents with whom the lawyer is dealing.
(e) lawyerA representing an organization may also represent any of-its directors, officers,
employees, members, shareholders or other constituents, subject to the provisions of ER 1.7.
If the organization's consent to the dual representation is required by ER 1.7, the consent
shall be given by an appropriate official of the organization other than the individual who is to
be-represented,or by the shareholders. •
Amended June 9,2003,effective Dec.1,2003.
For text of rule effective until December 1, 2003, see Rule 1.13 in the main volume
Comment [Effective Dec. 1, 2003]
The Entity as the Client
[11 An organizational client-is a legal entity, but it cannot act except through its officers,
directors, employees, shareholders and other constituents. Officers, directors' employees and
defined in
shareholders are the constituents of the corporate organizational client. The duties
this Comment apply equally to unincorporated associations. Other constituents"as used in this
Comment means the positions equivalent to officer ,directors,employees and shareholders held
by persons acting for organizational clients that are not corporations.
[2] When one of the constituents of an organizational client communicates with the organiza-
tion's lawyer in that person's organizational capacity,the communication is protected by ER 1.6.
Thus,by way of example,if an organizational client requests its lawyer to investigate allegations
of wrongdoing, interviews made in the course of that investigation between the lawyer and the
client's employees or other constituents are covered by ER 1.6. This does not mean, however,
that Constituents of an organizational client are the clients-of the lawyer. The lawyer may not
disclose to such constituents-information relating to the representation except for disclosures
explicitly or impliedly authorized by the organizational clientin order to carry out the
representation or as otherwise permitted by ER 1.6.
[3] When constituents of the organization make decisions for it,the decisions ordinarily must
be accepted by the lawyer even if their utility or prudence is doubtful. Decisions concerning.
Policy and operations, including ones entailing serious risk, are not as such in the lawyer's
province. However,different considerations arise when the lawyer knows that the organization
may be substantially injured by action of a constituent that is in violation of law. In such a
circumstance,it may be reasonably necessary for the lawyer to ask the constituent to reconsider
the matter. If that falls, or if the matter is of sufficient seriousness and importance to the
•
organization, it may be reasonably necessary for the 4awyer to take steps to have the matter
reviewed by a higher authority in the organization. Clear justification should exist for seeking
review over the head of the constituent normally responsible for it. The stated policy of the
organization may define circumstances and prescribe channels for such review, and a lawyer
.should encourage the formulation of such a policy. Even in the absence of organization policy,
however,the lawyer may have an obligation to refer a matter to higher authority,depending on
the seriousness of the matter and whether the constituent in question has apparent motives to
act at variance with the organization's interest. Review by the chief executive officer or by the
board of directors may be required when the matter is of importance commensurate with their
authority. At some point it may be useful or essential to obtain an independent legal opinion.
[4] The organization's highest authority to whom a matter may be referred ordinarily will be
applicable law mayprescribe that
the board of directors or similar governing body. However, ies indepen-
dent
under certain conditions the highest authority reposes elsewhere, for example, pe
dent directors of a corporation.
Relation to Other Rules - the authority
limit[5] The authority and responsibility provided in this Rule are concurrent with the
and responsibility provided in other Rules. In particular,this Rule does not or expand
lawyer's responsibility under ERs 1.6, 1.8, 1.16, 3.3 or 4.1. If the lawyer's services are being
used by an organization to further a crime or fraud by the organization, ER 12(d) can be
applicable.
Government Agency
[6] The duty defined in this Rule applies to governmental organizations. Defining precisely
the identity of the client and prescribing the resulting obligations of lawyers may be more
153
Rule:42 RULES OF THE SUPREME COURT
•ER 1:13
difficult in the.government context.. See Scope[18]. Although in some:circumstances the client
may be a specific agency,itmay also be a branch.of government,such as the executive.branch,
-or the government as a whole. For example,if the action or failure to act involves the head of a
bureau, either the department of'which the -bureau is a 'part -or herelevant branch of
government may:be.the client for-purposes of this Rule. Moreover.,-in=a matter.involving the
conduct :of government officials, ,a.-government-lawyer. may.have authority:.to question such
conduct more extensively than that of a-lawyer for.a private organization in similar.:circum- ..
stances. Thus, when the client is a governmental organization, a different balance may be
-appropriate between maintainingconfidentiality and assuring:that.the wrongful act is prevented
or'-rectified,-for public business is involved. In addition, duties-of lawyers employed by the
- government.or.lawyers in military service may be defined by statutes,and regulation. This-Rule'
_ • does not limit,that:authority. -See Scope. Government lawyers also-may have'authority to
represent the"public interest"in circumstances where a private lawyer would.not.be..authorized
to do so..
Clarifying the Lawyer's Role
{7] There are times.when the organization's interests may be or.become adverse to those of,
one or more of its constituents. In such circumstances the lawyer should advise any constituent,
whose interest the lawyer finds,adverse to that of the organization of the conflict or potential
:conflict of interest,that the lawyer cannot represent such constituent,'and that such person may
wish to obtain independent representation. Care must be taken to assure-that..the individual
understands that, when there-is such adversity of•interest; the lawyer for' the .organization
cannot provide legal representation for that constituent individual,and that discussions between
the lawyer for the organization and the individual may not be privileged.- . -
[8].Whether such a warning should be given by thea lawyer for the organization to any
constituent'individual may turn on the facts of each case. -
Dual Representation
•[9]:Paragraph(e)recognizes that a-lawyer for an organization may also represent a principal •
officer.or major shareholder.
Derivative Actions
:[10] Under generally prevailing law,:the shareholders or members of a corporation may bring
suit Oto: compel' the directors to .perform their legal obligations inthe supervision of the
organization. .Members of unincorporated associations have essentially the same right. Such an
action may be brought nominally_by the organization,.but usually is,in fact,a legal controversy
• over management of the organization. •
[11] The question can arise,whether counsel for the organization may defend such an action.
The:proposition that the organization is the Jawyer.'s client*does not alone resolve the issue.
Most derivative actions are a normal incident or an organization's affairs,tobe defended-by the
organization's lawyer like any other.suit. :However, if the claim involves serious:charges of
wrongdoing by-those in.control of the organization, a conflict may arise between the lawyers
duty to the.organization and thelawyer's:relationship.with the board. In those circumstances,
ER 1.7 governs who should represent the directors:and the organization. . -.
1 `
i,-reg-
TOWN OF ORO VALLEY
Ask
COUNCIL COMMUNICATION MEETING DATE: December 19, 2001
TO: HONORABLE MAYOR & COUNCIL
FROM: Kathryn Cuvelier, CMC Town Clerk
SUBJECT: RECOMM
ENDATIONS FROM THE GOVERNMENT REVIEW TASK FORCE
REGARDING BOARD/COMMISSION APPOINTMENT PROCESS AND POLICIES
AND PROCEDURES
SUMMARY:
On December 5, 2001, a
memorandum was distributed to the Mayor and Council with the Government Review
Task Force recommendationsregarding re ardin the Boards/Commissions Appointment Process and Policies &
Procedures. Their recommendation finalizes the tasks listed under the Task Force's Scope of Work.
The members of the Government Review Task Force include:
Paul Loomis, Chair(Non-Voting member)
Jim Kriegh, Vice Chair
Marilyn Cook
0Don Dvorak
Richard Feinberg
Larry Holden
RECOMMENDATIONS:
Board/Commission Appointment Process:
does not suggest anyone recommendation for how to fill an opening, but suggests that all of the
The GRTF gg
various processesoptions and o tions are viable and dependent more upon individual preference and
Board/Commission function.
Board/Commission Policies and Procedures
recommends that the Council require the Boards/Commissions to establish their own policies and
The GRTF q
an annual Work Plan, and have an annual retreat for review and evaluation of their policies
procedures, establish
and procedures. The GRTF also recommends that the Board/Commission develop a self-evaluation form to
members yearlyfor theirpersonal use. This form should become a part of the Board/Commission's
provide to policies and procedures. The GRTF further recommends that the Council direct the Boards/Commissions to use
the Town Council
ParliamentaryRules &Procedures and Code of Conduct as a guide, along with the attached
outlines, to establish their policies and procedures.
ATTACHMENTS:
li. Memorandum to the Mayor & Council distributed on December 5, 2001
. Attachment A: Boards/Commissions Appointment Process Outline.
3. Attachment B: Options for Appointment to Boards/Commissions Chart.
4. Attachment C: Volunteer Application Form.
5. Attachment D: Boards/Commission Outline
TOWN OF ORO VALLEY
SOUNCIL COMMUNICATION
Pale 2 of 2
MOVE to ACCEPT the Recommendations MOTION: I made by the Government Review.
regarding Board/Commission Appointment Process and Policies and
Board g g
Procedures, and further, I MOVE to disband the Government Review Task Force
due to completion of their assignments as outlined in their Scope of Work.
Or..
I MOVE to continue this item to a future study session for further review and discussion.
i -----• C. CcA,t,,,j.LeA,
Go --1entReview ask Forc-
/ F" 7-41
/
A. i
idA-ii,A I Aisitim 111 A a Aa-..'..al
Town Manag
0 t
Insert file name and path
•
1 tI. '
1
r
0 MEMORANDUM
TO: Mayor & Council
Chuck Sweet, Town Manager ,
FROM: Kathryn Cuvelier, Town Clerk
DATE: December 5, 2001
SUJB:
Government Review Task Force Recommendations
Memorandum dated December 19,
The attached 2001 is being forwarded to you
individually
for your review and comments. This item is scheduled to appear on the
December 19, 2001 Council Agenda.
Thank you.
• 4
`� -� :•:�ti:tiff;�- ••.:�� v ii�tiv.'•
;�� .ti•.111/
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•1::11. j y•�-
OuNpED .\()
Memo
To: Mayor& Council
From: Government Review Task Force
Date: 19 December '01
Re: Board/Commission Appointment Process;Policies and Procedures
This is a report to discuss the two remaining assignments which were given to the
Government Review Task Force (GRTF) for review. An important part of this report is the
various attachments as identified below:
4110 Attachment A: Boards/Commissions Appointment Process Outline
Attachment B: Options for Appointment to Boards/Commissions Chart
Attachment C: Volunteer Application Form
Attachment D: Boards/Commission Outline
Each of the remaining tasks is discussed below:
Board/Commission Appointment Process
The GRIT was charged with the duty to reevaluate the current process surrounding the
selection of Board/Commission members. The GRTF interviewed Council Members and
Board/Commission Chairmen and reviewed policies of other municipalities to determine whether
a better appointment process exists.
Town advertises to fill an opening on a Board/Commission,the Council and
Currently, the o p g
Town Manager then reviews applications and based upon qualifications, interviews are scheduled
with the Council Liaison, Chairman of the Board/Commission, and the affected Department Head
and/or Town Manager.
Based upon the task at hand, the GRTF does not suggest any one recommendation for
how to fill an opening, but suggests that all of the various processes and options are viable and
upon dependent more u on individual preference and Board/Commission function. The Council has
used several of these methods in the last year. The GR'I'T respectfully submits this packet,
including the above-mentioned attachments,for review.
4110
Board/Commission Office of the Oro Valley Town Attorney/GRTF 12.4.01
in GRTF' com fled a chart of Options for Appointment to
As seen Attachment B, the GR i r p - - and opinion
their research of surrounding municipalities p
As
based upon � requirements, and Citizen
recommends setting term limits, residency
interviews. The GRTFdiscussions of these recommendations
Planning institute (CPI)training where applicable. Further are provided in the remaining attachments.
initially The Board/Commission appointment process begins with the applications� n has been
been revised bythe GR 1 r. The proposed application received, and such application has information needed in
that the interview will provide more specific in
condensed with the thought application was sent out to
recommendation for pp
order to make a recomm appointment. The proposed incorporated- � into the final form. The GRTF
various Boards/Commissions and feedback wasthe GRTF on
Volunteer Application form, which was finalized by
recommends acceptance of the V olun PP
August 27, 2001, and recommends Volunteer ds that the Council direct Staff to use thisApplication
form for all future appointments. (See Attachment C)
Board/Commission Policies and Procedures
reevaluate the policies
GRTF was charged with the duty to and procedures of Towns specific
Rl'F studied each Board/Commission in relation to their p
Boards/Commissions. The G participation and employ an
the Town, and whether they evaluate members' p P .
needs, the needs of , , . ds/Commissions Outline addressing
process. As a result,the GR 1 r developed the Boar
evaluation all of the various Boards/Commissions of the Town. (See Attachment D)
Boards/Commissions Outline, certain elements were
• As the GRTF reviewed the to be set
be set byCouncil and other elements seemed more appropriate •
determined necessary to Boards/Commissions Outline, the
Board/Commission. Unless otherwise rioted in the B
by the Board/C � term of two (2) years, term lirlllt of three (3)
the Council implement a
GRTF recommends thatn three (3) successive te , the
kin rea ointment after seg
successive terms and before seeking Pp new appointment; and staggered
wait one (1) year before becoming eligible fora ppvolunteer shall recommends that the Council
din Boards/Commissions. The GRTF also
membership for standing Board/Commission volunteers. In addition, the
residencyfissions
establish of one(1) year for prospective Boar
e uire completion GRTF recommends that the Council r 1 etion of the CPI for Boards/Comm cl P
addressing
zoning,planning, design, and development issues.
require the Boards/Commissions to establish
The GRTF recommends that the Council for
an annual Work Plan, and have an annual retreat
their ownpolicies and procedures, establish that the
.
heirpolicies and procedures. The GRTF also recommends
review and evaluation of t � tifor their personal
n developa self-evaluation form to provide to members yearlym
Board/Commission
the Board/Commission's policies and procedures. e
use. This form should become a part of use the Town
that the Council direct the Boards/Commissions to
GRTF further recommendsProcedures and Code of Conduct as a guide, along with the
Rules &
Council Parliamentaryeduces.
attached Outlines,to establish their policies and proc
Respectfully submitted,
GOVERNMENT REVIEW TASK FORCE
• Chairman Paul Loomis
• Page 2
, . .
TOWN OF ORO VALLEY A
110 GOVERNMENT REVIEW TASK FORCE T
T
A
BOARDS/COMMISSIONS APPOINTMENT PROCESS OUTLINE C
H
M
I. APPOINTMENT/RE-APPOINTMENT PROCESS E
A. Job Posting/Job Advertising N
1. Explorer Newspaper T
2. Arizona Daily Star's NW section
3. Tucson Citizen A.
4. Town's Web Page
5. Posted at Town Hall
B. Application
1. Required for each volunteer position sought
a. Received at the Office of the Town Clerk
b. Appointed members' applications kept on file in the
Office of the Town Clerk
2. Letter requesting re-appointment
a. Volunteers alerted prior to expiration of term
b. Letters to Council include basis for re-appointment
Ill
C. Selection Process
1. Applications kept on file in Office of the Town Manager
a. Remains "active" for 1 year from receipt
b. Candidates alerted if future positions become open
2. Interview
a. First
b. Second
3. Notification
a. Recommendation (Appointment by Council)
i. Confirmation Letter within days
ii. By Telephone within days
b. Acceptance
i. Confirmation Letter within days
ii. By Telephone within days
c. Rejection
i. Confirmation Letter within days
ii. Candidates may call for explanation
D. Membership
1. Serve without compensation
2. Serve at the pleasure of the Council
E. Removal/Re-appointment by Council
1. Loss of residency constitutes resignation
2. Council, upon a majority vote of all its members, may
• remove any Board/Commission member
Appt Outline Office of the Oro Valley Town Attorney/GRTF 12.4.01
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.
.-- - `-A ORO VALLEY VOLUNTEER APPOINTMENT APPLICATIO
NA
Dear Oro Valley Citizen: H
in Thisinformational form, when completed,will allow us to �
appreciateyour interest the Town of Oro Valley. information rm, P E
We
A list describing the Town's Boards and Commissions is attached for your
quickly process your application. N
reference.
Your application will remain on file for one year from date of receipt.
T
Your supplying this data will greatly reatl assist us in understanding how we can best use your talents and experience.
We thank you kindly for volunteering to serve the Town.
Office, 11,000 North La Canada Drive,Oro Valley,Arizona 85737.
Please return to the Town Clerk's
Name Middle
Last First
Home Address
Home Phone
Business Phone Email
Number of Years in Oro Valley
Date
Signature
Please indicate the board or commission you wish to join:
Please list your volunteer and servicesin Oro Valley with other organizations including any boards or commissions on which you have served: (board/commission, civic, educational,cultural,social, etc.)
How does your previous volunteers
service prepare re are Y ou for the board or commission appointment for which you have
sue considered at a meeting of the Board or Commission for which you are applying.
applied? Please describe an is
the Citizens Planning you attended Institute? Are you willing to attend?
Briefly describe your educational/vocational background.
410
IF DESIRED, ADDITIONAL INFORMATION MAY BE ATTACHED
www.townoforovalley.com
12/01
ORO VALLEY BOARD ARD AND COMMISSION DESCRIPTIONS
The Town of Oro Valley has taken the opportunity to establish community participation programs inticipa110
� members area appointed by
their Town Government. Board and Commission P
citizens can become involved in f the Mayor and Council. Each Board
the Town Council and serve two-year terms, serving at the pleasure o y
or Commission meets once or twice a month depending on specific requirements.
you would like to apply, please complete attachedthe application form and submit it as directed.
if
• PLANNING COMMISSION tions to the Town Council on all
holdspublic meet
The Planning Commission ings and makes recommendations
districts, enforcement of zoning, amendments to all zoning
matters relating to the creation of zoning d � on the ls`Tuesday of
ordinances and any other
matter within the scope of zoning power. The PC meets
every month at 6:00 P.M.
• DEVELOPMENT REVIEW BOARD layout of proposed
The Development Review Board reviews and approves architectural design andy
meet plans. This includes site planning andrelationship
development
of the development to the surrounding
P
environment and
the community. The DRB meets on the 2nd
Tuesday of every month at 6:00 P.M.
• BOARD OF ADJUSTMENT and decide on administrative
of Adquasi-judicial board with the power to reviewe because
The BoardAdjustment ustment is a
that create unnecessary hardships in the development ofproperty decisions or zoning requirements the final decision on items that
extraordinary co
of exceptional or extr �' nditions. The Board of Adjustment makesa
come before it. The BOA meets on the 4th Tuesday of every month at 3:00 P.M.
• • BUDGET AND BOND COMMITTEE issues and reviews
Committee advises the Town Council on Town budgetary
The Budget and Bond
expenditures from long term debt issuance for conformity to the intended use of the funds. The BBC meets
on a quarterly basis.
• PARKS AND RECREATION ADVISORY BOARD in matters
Board acts in an advisory capacity to the Town Council
The Parks and Recreation Advisory to review comments being
recreation, ark design, open space and trail use (prior �a
pertaining to parks andpark , The PR.AB meets on the 3 Thursday of every
' ed to other Boards, Commissions or the Council)
submitted
month at 7:00 P.M.
• GRIEVANCE REVIEW BOARD
The Grievance Reviewrelatingto appropriate personnel
Board hears appeals submitted by Town employees pP
matters and renders final decisions. The GRB meets on an as needed basis.
• WATER UTILITY COMMISSION
The Water Utility Commissionimprovement program
acts as the official advisory board on water capital p gr
planning
Council, in conjunction with submitting proposals to the
and rate structure formulation to the Town
Capital Improvement Program,
etc. The WUC meets on the 2nd Monday of every month at 7:00 P.M.
• INDUSTRIAL DEVELOPMENT AUTHORITY issue tax-exempt
ori is a nonprofit corporation. Their main function is to P
The Industrial Development Authority P new economic activity to the
of private developments for the purpose of attracting bonds for certain types
community.
They evaluate development proposals and recommendations to the Town Council for
present
0
final approval. No cases have come
before this body since its incorporation in 1984.
• MUNICIPAL PROPERTY CORPORATION facilities in
contracts with the Town to construct and finance public
This is a nonprofit corporation that sells bonds in order to obtain
specifications approved by the Town Council. The MPC
accordance with P
necessary funds. The MPC meets on an as needed basis.
12/01
f •
•
110 TOWN OF ORO VALLEY A
GOVERNMENT REVIEW TASK FORCE T
T
A
BOARDS/COMMISSIONS OUTLINE c
H
M
INTRODUCTION E
A. Public involvement in the Local Government process N
II. NEEDS OF THE TOWN
T
A. Standing Boards/Commissions
1. Planning & Zoning Commission D
a. Number of Members; 7
b. Term; 2 years
c. Term Limits
three (3) successive terms
ii. one year wait until eligible for new appointment
d. Membership; staggered
2. Development Review Board
a. Number of Members; 7
b. Term; 2 years
c. Term Limits
1111
i. three (3) successive terms
ii. one year wait until eligible for new appointment
d. Membership; staggered
3. Board of Adjustment
a. Number of Members; 5
b. Term; 2 years
c. Term Limits
three (3) successive terms
ii. one year wait until eligible for new appointment
d. Membership; staggered
4. Grievance Review Board
a. Number of Members; 5
b. Term; 2 years
c. Term Limits
three (3) successive terms
ii. one year wait until eligible for new appointment
d. Membership; staggered
5. Water Utility Commission
a. Number of Members; 5-7
b. Term; 3 years
c. Term Limits
two (2) successive terms
110 ii. one year wait until eligible for new appointment
d. Membership; staggered
Bd/Comm Outline Office of the Oro Valley Town Attorney/GRTF 12.4.01
Page 1 of 8
6. Parks and Recreation Advisory Board
a. Number of Members; 3-7
b. Term; 2 years
c. Term Limits
three (3) successive terms
ii. oney ear wait until eligible for new appointment
d. Membership; staggered
7. Budget and Bond Committee
a. Number of Members; 5
b. Term; 2 years
c. Term Limits
three (3) successive terms
ii. one year wait until eligible for new appointment
d. Membership; staggered
8. Public Arts Endowment Advisory Committee
a. Number of Members; 5
b. Term; 2 years
c. Term Limits
three (3) successive terms
ii. one year wait until eligible for new appointment
d. Membership; staggered
9. Stormwater Utility Commission
a. Number of Members; 5
b. Term; 2 years
c. Term Limits
three (3) successive terms
ii. one year wait until eligible for new appointment
d. Membership; staggered
B. Specialty Boards/Commissions
1. Industrial Development Authority
a. Number of Members; 3
b. Term; 6 years
c. Term Limits; (none)
d. Membership; staggered
2. Municipal Property Corporation
a. Number of Members; 3
b. Term; 3 years
c. Term Limits; (none)
d. Membership; staggered
C. Advisory Boards/Task Forces
1. Generally
a. Number of Members; as determined by Council
b. Term; until completion of project or as determined by
Council
411
Bd/Comm Outline Office of the Oro Valley Town Attorney/GRTF 12.4.01
Page 2 of 8
III. RECOMMENDED NEEDS OF BOARD
A. Standing Boards/Commissions
1. Planning & Zoning Commission
a. Job Description: Makes recommendations to the
Council on all matters relating to the creation of
zoning districts, the enforcement of zoning
regulations, amendments to all zoning
ordinances, and any other matter within the
scope of the zoning power.
b. Goals (Annual, Council-approved Work Plan)
c. Membership Requirements
Oro Valley residency of 1 year
ii. Completion of Citizen Planning Institute
iii. Time Commitment
1. minimum length of commitment
2. hours per week/month
3. minimum number of meetings
d. Qualifications
e. Active Meetings
Date: first Tuesday of every month
ii. Time: 6:00 p.m.
2. Development Review Board
110 a. Job Description: To review and approve architectural
design and layout of proposed development
plans, which includes site planning and the
relationship of the development to the
environment and community.
b. Goals
c. Membership Requirements
Oro Valley residency of 1 year
ii. Completion of Citizen Planning Institute
iii. Time Commitment
1. minimum length of commitment
2. 5-6 hours per month
3. minimum number of meetings
d. Qualifications
e. Active Meetings
Date: second Tuesday of every month
ii. Time: 6:00 p.m.
3. Board of Adjustment
a. Job Description: A quasi-judicial board that has the
power to review and decide on administrative
decisions or zoning regulations that create
unnecessary hardships in the development of
property because of exceptional or extraordinary
conditions. Unlike other boards, the BOA makes the
Bd/Comm Outline Office of the Oro Valley Town Attorney/GRTF 12.4.01
Page 3 of 8
final decision on items that come before it. Final
11110 decisions of the BOA can only be appealed to the
Superior Court.
b. Goals
c. Membership Requirements
Oro Valley residency of 1 year
ii. Completion of Citizen Planning Institute
iii. Time Commitment
1. minimum length of commitment
2. hours per week/month
3. minimum number of meetings
d. Qualifications
e. Active Meetings
Date: fourth Tuesday of every month
ii. Time: 3:00 p.m.
4. Grievance Review Board
a. Job Description: Conduct hearings related to, and
rendering advisory opinions on, written grievance
procedures
b. Goals
c. Membership Requirements
Oro Valley residency of 1 year
110
ii. Two members to be residents of the Town
iii. Three members to be Town Empolyees
1. One representative of the OVPD
2. One representative from the
Development Services groups
3. One from remaining groups
a. Administration
b. Magistrate Court
c. Legal
d. Water Utility
iv. Time Commitment
1 . minimum length of commitment
2. hours per week/month
3. minimum number of meetings
d. Qualifications
Town Employee members shall be in "good
standing"
ii. Previous personnel experience desired
e. Active Meetings; as-needed basis
Date: at least once annually to review internal
procedures and organization
ii. Special meetings held upon the call of the
Chairperson or majority of the members
Bd/Comm Outline Office of the Oro Valley Town Attorney/GRTF 12.4.01
Page 4 of 8
5. Water Utility Commission
a. Job Description: described in the Oro Valley Town
Code § 15-4-2
b. Goals
c. Membership Requirements
One Member to be a qualified residential
(f/k/a) Canada Hills water customer
ii. One Member to be a qualified residential
(f/k/a) Rancho Vistoso water customer
iii. One Member shall represent a large service
area outside of Oro Valley town limits
iv. One Member shall represent commercial
customers
v. One Member shall represent turf interests
vi. Two additional Members may be appointed as
technically qualified at-large residential
customers
vii. Time Commitment
1 . minimum length of commitment
2. hours per week/month
3. minimum number of meetings
d. Qualifications
e. Active Meetings
Date: second Monday of every month
ii. Time: 7:00 p.m.
6. Parks and Recreation Advisory Board
a. Job Description: Acts in an advisory capacity to the
Council in matters pertaining to parks and recreation,
parks design, open space and trail use (prior to the
review comments being submitted to other Boards or
Council).
b. Goals
c. Membership Requirements
Oro Valley residency of 1 year
ii. Time Commitment
1 . minimum length of commitment
2. 4 hours per week
3. minimum number of meetings
d. Qualifications
active/regular use of Town parks
e. Active Meetings
Date: third Thursday of every month
ii. Time: 7:00 p.m.
Bd/Comm Outline Office of the Oro Valley Town Attorney/GRTF 12.4.01
Page 5 of 8
PLANNING AND ZONING DIVISION
STANDARD OPERATING PROCEDURES
Complaints Violations and Citations
SOP# 17A Copies to: Effective: August 8, 2003
Enforcement Team Supercedes: SOP 17 11/01/00
Policy: To ensure that all violations noted by staff are recorded and tracked to obtain
compliance. To ensure that all infractions, for which a citation should be
issued, are cited and evidence is gathered to support the citation.
To provide a record of enforcement activities to measure performance and as
evidence should a citation be required.
Procedures to Notice and Record Violations and Citations:
Zoning Enforcement Field Staff
When a complaint is filed or an infraction is noted enter all pertinent
information in the violation/complaint database (Accela). Maintain this data
as conditions change.
Issue a yellow violation/potential violation notice for all infractions.
If the infraction can be corrected within four hours note, on the violation
notice, that it must be corrected within four hours and verbally inform the
person responsible or their representative. Record the full name and position
of the person to whom you are talking. Describe the infraction(s). Inform the
person you are in contact with that the Town will provide them four hours to
correct the infraction(s). Then inform them of the remainder of the process as
outlined below.
After this four hour time span,re-inspect the site, and if the infraction has not
been corrected, re-issue a yellow zoning violation notice (immediately) and
issue a letter of violation (within 24 hours). On each, indicate when the
infraction needs to be corrected this should be a reasonable,but short,
period.
The yellow zoning violation notice is to remain where placed by Staff until the
infraction is corrected it should be so stated on the notice. If the infraction
has not been corrected within the specified period, or if the notice is removed,
staff will issue a citation for the infraction.
Citations will be issued:
1. any time a person/party has committed the same or a similar
f\data\wp\procedur.es\zone_rnap.pro Page 1
infraction three or more times;
2. whenever the time period for correcting an infraction has passed
without a correction;
3. if the infraction involves the destruction of protected native plants;
or,
4. if the infraction is significant in regards to public health, safety, or
welfare.
Immediately collect evidence and field correct any situation that poses a
threat to public health or safety.
Citations and the collection of evidence must follow the procedures noted in
the June 17, 2002 memo from the Town Attorney(attached). They are to be
reviewed by the Senior Zoning Inspector and signed by the Planning and
Zoning Administrator prior to being sent to Legal.
Senior Zoning Inspector
Review all citations to ensure that they meet the criteria for a citation, that
they are factually correct, and that the evidence required to support the citation
is provided or can be obtained.
Track and evaluate violations to ensure that compliance is being achieved.
Track citations to ensure that all required evidence is provided to the Town
Prosecutor in a timely manner. Report the Court's decisions on all citations in
the database, and if applicable, set a reminder in the database to follow-up on
any corrective actions required by the Court.
Provide weekly report summaries on all complaints, violations, and citations
to the Planning and Zoning Administrator.
Train staff in the proper methods for issuing violations, preparing citations,
and gathering evidence for court cases.
. 7:Ye-3
+
Bryant --.. , AICP D
Planning and Zoning Administrator
Attach: Town Attorney Memo dated June 17, 2002
F:\Admin PZ\Procedures\SOP#17A Violations and Citations.doc
f:\data\wp\procedur.es\zone_map.pro Page 2
NARANJA TOWN SITE MASTER PLAN Page 1 of 4
Cr , ,,,,,,,Ey Asik,_,
'.N' ��r�'J5: eF1 ,-, 4'i ;;' Y C., ,,,y,r,,,: _ r ..„ , , :
8, cr.' ' ii rit r
Town of Oro alley, ' wo ;„-L.,,,
Abp.0'
NARANJA TOWN SITE
MASTER PLAN
Location History Council Action Other Links
LOCATION
The ±213 acre property is centrally located in Oro Valley, north of Naranja Road, east of
Copper Creek subdivision, south of Tangerine Road, and west of Monterra Hills subdivision.
HISTORY
In 1996, the Town purchased the west 40 acres of the site for recreational purposes and the
remaining 173 acres were purchased at a State Land auction in October of 2000. Although the
site is currently vacant and void of buildings, it was once used as a sand and gravel operation,
as well as a mixing plant.
In May 2001, the Mayor and Town Council approved appointment of members to the Naranja
Town Site Master Plan Executive Committee._..and_Task_..Force. In July 2001, the Mayor and
Council then authorized the Town to enter into a contract with Stantec Consulting Inc. to
provide professional services.
The Naranja Executive Committee and Task Force began an extensive public participation
process in June 2001 and completed the process in September 2002. This included 12
Executive Committee Meetings, 18 Task Force Meetings, two Public Forums, and a Design
Workshop.
In August 2002, the Task Force accepted the Master Plan and forwarded it along with the
Town Facilities Alternatives to the Executive Committee. The Executive Committee voted to
recommend to Town Council approval of the Master Plan and, for information only, also
forwarded the Town Facilities Alternatives in September 2002.
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NARANJA TOWN SITE MASTER PLAN Page 2 of 4
TOWN COUNCIL ACTION
On November 20, 2002, the Mayor and Town Council accepted the Naranja Town Site Master
Plan and Town Facilities Alternatives and dissolved the Master Plan Task Force and Executive
Committee. The Mayor and Council directed the Town Manager to research alternative sites
within the Town for placement of necessary Town facilities. In addition, they requested a study
by the Budget and Bond Committee that analyzes the potential costs of the development,
funding options, and possible financing alternatives.
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NARANJA TOWN SITE UPDATE
At the direction of the Town Council, the Budget and Bond Committee analyzed the potential
development and operating costs of the Naranja Town Site. The Committee reported their
findings to the Council on March 24, 2003 and recommended that the Town "program" the
major facilities of the site to better determine the scope and cost of each facility. A necessary
part of the programming for the performing arts facility is a needs assessment with a market
analysis.
On December 17, 2003 the Mayor and Town Council approved Resolution (R)03-114 to enlist
the services of Webb Management Services to provide the Town with a professional feasibility
study for performing arts facilities.
The purpose of a needs assessment/feasibility study is to:
• Identify potential audiences and users
• Survey existing facilities within the same market area
• Analyze the need for a facility given all the variables
• Identify the potential benefits of a facility
• Identify the appropriate type and scale of facility, if any, for our community
In order to provide a thorough and accurate feasibility study and business plan, Webb
Management Services, conducted interviews on January 26-28, 2004 with organizations,
individuals and community groups.
In a study session conducted on March 29, 2004, Duncan Webb, President of Webb
Management Services presented to the Mayor and Town Council, the completed Feasibility
Study with the following recommendations:
Recommendation 1: Community Arts Center:
• Indoor Facility/Community Arts Center
• Small, flexible theater (200-300 seats)
• Classrooms
• Art Studios
• Rehearsal rooms
• Support space
Recommendation 2: Enclosed Outdoor Facility:
• An enclosed facility that extends the outdoor season and provides a very high
quality space for music.
httn.//www_ci.c►rn-valley.a .11s/commdev/Narania%20Town%20Site/master nlan%20def... 08/17/2004
NARANJA TOWN SITE MASTER PLAN Page 3 of 4
• Option for a flat-floor capability to support more community special events.
Recommendation 3: Development Options:
• Develop indoor and outdoor facilities together
• Share production, administrative and support space
• Why?
• Economies and efficiencies
• Operating responsibilities for both
The Town Council accepted the Feasibility Study on May 19, 2004 in regular session, Click
Hereto.....View_the....._Performing__.._Arts....Feasibility Study atNara* Town..Site..
The study recommended initiating a business plan as the follow-up to the Feasibility Study.
The purpose of the Business Plan is to
• Quantify operating costs of proposed facilities
• Provide an economic assessment of viability given operating costs of proposed
facilities
and potential revenue.
Webb Management Services submitted a Business Plan proposal which was approved by the
Town Council in regular session on May 19, 2004.
On August 9, 2004, Duncan Webb met with the Mayor and Town Council in a study session to
review the details of the Feasibility Study, to explain the Business Plan Process, and to obtain
feedback from the Council. Click _Here to View the Performing Arts Business Plan
Presentation.
An additional presentation will be made to the Town Council in September and the Business
Plan should be complete by the end of October.
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MASTER PLAN & TOWN FACILITIES ALTERNATIVES
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Executive ..Qfli.fl11te...& Task Force Members
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Visitors - Mayr & Council -TowDepartments - License &
Permits -R.raflo.n & re.- Employment -_Librar. -
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