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*AMENDED ( 11/15/21, 3:30 PM)
AGENDA
ORO VALLEY TOWN COUNCIL
REGULAR SESSION
NOVEMBER 17, 2021
ORO VALLEY COUNCIL CHAMBERS
11000 N. LA CAÑADA DRIVE
The Town has modified its public comment procedures in the newly renovated town council chambers. For more
details, please see the instructions for in person and/or virtual speakers at the end of the agenda.
To watch and/or listen to the public meeting online, please visit
https://www.orovalleyaz.gov/town/departments/town-clerk/meetings-and-agendas
Executive Sessions – Upon a vote of the majority of the Town Council, the Council may enter into Executive
Sessions pursuant to Arizona Revised Statutes §38-431.03 (A)(3) to obtain legal advice on matters listed on the
Agenda.
*REGULAR SESSION AT OR AFTER 5:00 PM
*CALL TO ORDER
*ROLL CALL
*EXECUTIVE SESSION - Regarding the property commonly known as the former Vistoso Golf Course, pursuant
to A.R.S. §38-431.03(A)(3), (4) and/or (7): 1) Discussion or consultation for legal advice with the Town attorney or
attorneys, and/or; 2) Discussion or consultation with the Town attorney or attorneys in order to consider its
position and instruct its attorneys regarding the public body's position regarding contracts that are the subject of
negotiations, in contemplated litigation or in settlement discussions conducted in order to avoid or resolve
litigation, and/or; 3) Discussions or consultations with designated representatives of the Town in order to consider
its position and instruct its representatives regarding negotiations for the purchase, sale or lease of real property
*RESUME REGULAR SESSION AT OR AFTER 6:00 PM
CALL TO ORDER
ROLL CALL
1.*DIRECTION TO LEGAL COUNSEL, TOWN MANAGER AND/OR OTHER NECESSARY STAFF
REGARDING THE PROPERTY COMMONLY KNOWN AS THE FORMER VISTOSO GOLF COURSE
PLEDGE OF ALLEGIANCE
UPCOMING MEETING ANNOUNCEMENTS
COUNCIL REPORTS
COUNCIL REPORTS
Spotlight on Youth
TOWN MANAGER'S REPORT
The Mayor and Council may consider and/or take action on the items listed below:
ORDER OF BUSINESS: MAYOR WILL REVIEW THE ORDER OF THE MEETING
INFORMATIONAL ITEMS
1.FY 21/22 Financial Update Through September 2021
CALL TO AUDIENCE – At this time, any member of the public is allowed to address the Mayor and Town Council
on any issue not listed on today’s agenda. Pursuant to the Arizona Open Meeting Law, individual Council
Members may ask Town Staff to review the matter, ask that the matter be placed on a future agenda, or respond
to criticism made by speakers. However, the Mayor and Council may not discuss or take legal action on matters
raised during “Call to Audience.” In order to speak during “Call to Audience” please specify what you wish to
discuss when completing the blue speaker card.
PRESENTATIONS
1.Presentation by Central Arizona Project (CAP) board member Karen Cesare
2.Presentation and update regarding the status of the University of Arizona Center for Innovation: Oro
Valley and the development of the Oro Valley Entrepreneurial Ecosystem
CONSENT AGENDA
(Consideration and/or possible action)
A.Minutes - November 3, 2021
B.Resolution No. (R)21-51, approving the Agenda Committee assignment for the period of December 1,
2021, to February 28, 2022
C.Resolution No. (R)21-49, authorizing and approving an agreement for Public Art Funding between the
Town of Oro Valley and the Pima Association of Governments for a Summer Youth Transportation Art
program
D.Authorizing and approving maintenance easements along the public trail easement located within the
Logan's Crossing subdivision.
1. Resolution No. (R)21-52, a maintenance easement between the Town of Oro Valley and Tomas and
Julieta Friedmann for a portion of parcel 224-38-6490 for the public trail easement located on this parcel
2. Resolution No. (R)21-53, a maintenance easement between the Town of Oro Valley and Paul and Amy
Gomez for a portion of parcel 224-38-6480 for the public trail easement located on this parcel
3. Resolution No. (R)21-54, a maintenance easement between the Town of Oro Valley and Joaquin and
Laura Valenzuela for a portion of parcel 224-38-6550 for the public trail easement located on this parcel
4. Resolution No. (R)21-55, a maintenance easement between the Town of Oro Valley and Steven and
Kimberly Zavatsky for a portion of parcel 224-38-6540 for the public trail easement located on this parcel
E.Resolution No. (R)21-56, authorizing and approving an Intergovernmental Agreement (IGA) between the
Regional Transportation Authority (RTA) and the Town of Oro Valley adopting a termination agreement
with the RTA for the Oro Valley Park and Ride (RTA #51), a transportation project
F.Resolution No. (R)21-57, authorizing and approving an Intergovernmental Agreement (IGA) between the
RTA and the Town of Oro Valley for the design and construction of the La Canada Drive Multi-use Path,
Lambert Lane to Naranja Drive (RTA #41), a transportation project
REGULAR AGENDA
1.PUBLIC HEARING: DISCUSSION AND POSSIBLE ACTION REGARDING AN APPLICATION FOR A
SERIES 7 (BEER AND WINE BAR) LIQUOR LICENSE FOR THE HOPPY VINE, LOCATED AT 12125 N.
ORACLE ROAD, #137
2.PUBLIC HEARING: ORDINANCE NO. (O)21-10, DISCUSSION AND POSSIBLE ACTION TO AMEND
ORO VALLEY TOWN CODE SECTION 11-3-4, "SPEED LIMITS," FOR MOORE ROAD AND THE
TRAFFIC ROUNDABOUT LOCATED AT THE INTERSECTION OF MOORE ROAD AND LA CANADA
DRIVE; REPEALING ALL RESOLUTIONS, ORDINANCES, AND RULES OF THE TOWN OF ORO
VALLEY IN CONFLICT; PRESERVING THE RIGHTS AND DUTIES THAT HAVE ALREADY MATURED
AND PROCEEDINGS THAT HAVE ALREADY BEGUN UNDER THIS ORDINANCE
3.DISCUSSION AND POSSIBLE ACTION REGARDING AMENDMENTS TO TOWN CODE CHAPTER 17,
FLOODPLAIN AND EROSION HAZARD MANAGEMENT, TO ADDRESS ARIZONA DEPARTMENT OF
WATER RESOURCES COMMUNITY ASSISTANCE CONTACT AUDIT COMMENTS
A. RESOLUTION NO. (R)21-58, DECLARING THE PROPOSED TEXT AMENDMENTS TO TOWN
CODE, CHAPTER 17, FLOODPLAIN AND EROSION HAZARD MANAGEMENT IN ATTACHMENT 1
AND FILED WITH THE TOWN CLERK, A PUBLIC RECORD
B. PUBLIC HEARING: ORDINANCE NO. (O)21-06, REGARDING TEXT AMENDMENTS TO TOWN
CODE, CHAPTER 17, FLOODPLAIN AND EROSION HAZARD MANAGEMENT IN ATTACHMENT 2
4.DISCUSSION AND POSSIBLE DIRECTION TO AUDIO AND VIDEO RECORD BOARD/COMMISSION
MEETINGS
5.DISCUSSION AND POSSIBLE ACTION TO RECALCULATE THE ORO VALLEY DEVELOPMENT
IMPACT FEES THAT WILL BECOME EFFECTIVE JULY 1, 2022
FUTURE AGENDA ITEMS (The Council may bring forth general topics for future meeting agendas. Council may
not discuss, deliberate or take any action on the topics presented pursuant to ARS 38-431.02H)
ADJOURNMENT
The Mayor and Council may, at the discretion of the meeting chairperson, discuss any Agenda item.
POSTED: 11/10/21 at 5:00 p.m. by pp
AMENDED AGENDA POSTED: 11/15/21 at 5:00 p.m. by pp
When possible, a packet of agenda materials as listed above is available for public inspection at least 24 hours
prior to the Council meeting in the office of the Town Clerk between the hours of 8:00 a.m. – 5:00 p.m.
The Town of Oro Valley complies with the Americans with Disabilities Act (ADA). If any person with a disability
needs any type of accommodation, please notify the Town Clerk’s Office at least five days prior to the Council
meeting at 229-4700.
PUBLIC COMMENT ON AGENDA ITEMS
The Town has modified its public comment procedures for its public bodies to allow for limited remote/virtual
comment via Zoom. The public may provide comments remotely only on items posted as required Public Hearings,
provided the speaker registers 24 hours prior to the meeting. For all other items, the public may complete a blue
speaker card to be recognized in person by the Mayor, according to all other rules and procedures. Written
comments can also be emailed to Town Clerk Michael Standish at mstandish@orovalleyaz.gov for distribution to
the Town Council prior to the meeting. Further instructions to speakers are noted below.
INSTRUCTIONS TO IN-PERSON SPEAKERS
Members of the public shall be allowed to speak on posted public hearings and during Call to Audience when
attending the meeting in person. The public may be allowed to speak on other posted items on the agenda at the
discretion of the Mayor.
If you wish to address the Town Council on any item(s) on this agenda, please complete a blue speaker card
located on the Agenda table at the back of the room and give it to the Town Clerk. Please indicate on the blue
speaker card which item number and topic you wish to speak on, or, if you wish to speak during Call to Audience,
please specify what you wish to discuss.
Please step forward to the podium when the Mayor calls on you to address the Council.
1. For the record, please state your name and whether or not you are a Town resident.
2. Speak only on the issue currently being discussed by Council. You will only be allowed to
address the Council one time regarding the topic being discussed.
3. Please limit your comments to 3 minutes.
4. During Call to Audience, you may address the Council on any matter that is not on the agenda.
5. Any member of the public speaking must speak in a courteous and respectful manner to those
present.
INSTRUCTIONS TO VIRTUAL SPEAKERS FOR PUBLIC HEARINGS
Members of the public may attend the meeting virtually and request to speak virtually on any agenda item that is
listed as a Public Hearing. If you wish to address the Town Council virtually during any listed Public Hearing,
please complete the online speaker form by clicking here https://forms.orovalleyaz.gov/forms/bluecard at least 24
hours prior to the start of the meeting. You must provide a valid email address in order to register. Town Staff will
email you a link to the Zoom meeting the day of the meeting. After being recognized by the Mayor, staff will
unmute your microphone access and you will have 3 minutes to address the Council. Further
instructions regarding remote participation will be included in the email.
In accordance with the Pima County Health Department’s most recent health advisory, the Town respectfully asks
all in-person meeting attendees, regardless of vaccination status, to please wear a mask while indoors. COVID-19
remains a fluid situation, and the Town will adjust its safety guidelines in accordance with any future health
advisories from the Health Department.
Thank you for your cooperation.
Town Council Regular Session 7. 1.
Meeting Date:11/17/2021
Submitted By:Mike Standish, Town Clerk's Office
Department:Town Clerk's Office
SUBJECT:
*DIRECTION TO LEGAL COUNSEL, TOWN MANAGER AND/OR OTHER NECESSARY STAFF REGARDING
THE PROPERTY COMMONLY KNOWN AS THE FORMER VISTOSO GOLF COURSE
RECOMMENDATION:
N/A
EXECUTIVE SUMMARY:
N/A
BACKGROUND OR DETAILED INFORMATION:
N/A
FISCAL IMPACT:
N/A
SUGGESTED MOTION:
I MOVE to (Approve or Deny)...
Attachments
No file(s) attached.
Town Council Regular Session 1.
Meeting Date:11/17/2021
Submitted By:Christopher Hutchison, Finance
Subject
FY 21/22 Financial Update Through September 2021
Attachments
Council Memo - Sep 2021 Financial Update
Attachment A - General Fund
Attachment B - Highway Fund
Attachment C-1 - Community Center Fund
Attachment C-2 Golf Contractor P&L
Attachment D - Summary All Funds
Attachment E - Gen Fund Local Sales Tax
Attachment F - Gen Fund State Shared Revenues
Town Manager’s Office
TOWN COUNCIL REPORT
DATE: November 17, 2021
TO: Mayor and Council
THRU: Mary Jacobs, Town Manager
FROM: David Gephart, Chief Financial Officer
SUBJECT: September 2021 Financial Update
This financial update is intended to provide an overview and status of revenues and expenditures
for the Town’s selected funds through September 2021 for fiscal year 2021/22. Funds included in
this financial update are the General Fund, Highway Fund and Community Center Fund. All
amounts are preliminary, un-audited and subject to change based upon adjusting entries, as
necessary.
EXECUTIVE SUMMARY:
Revenues are performing well compared to budget, and expenditures are trending as expected.
Only a few variances are noted at this time, which are discussed below. Reserves continue to be
strong, and the Town is continuing to streamline operations, improve efficiencies and cut costs,
all while maintaining service levels to the greatest degree possible.
General Fund
Overall, General Fund revenues and expenditures are trending as expected through September
2021 (See Attachment A). Revenues total $9.4 million or 19.9% of budget, while expenditures are
at $18.9 million or 30.9% of the total budget. Included in the expenditures is a $10 million budgeted
payment to PSPRS to pay down the Town’s unfunded liability.
Highway Fund
Revenues and expenditures for the Highway Fund are trending as expected through September
2021 (See Attachment B). Revenues total $966,466 or 26.5% of budget while expenditures total
$636,866 or 15.6% of budget.
Community Center Fund
Current revenues and expenditures for the Community Center Fund are as expected through
September (See Attachment C-1 & C-2). Revenues total $1.8 million or 24.8% of budget while
expenditures total $1.6 million or 20.3% of budget.
BACKGROUND AND DETAILED INFORMATION:
GENERAL FUND
Attachment A shows General Fund revenues and expenditures through September, as well as
year-end estimates for each category. The estimated year-end projections in the General Fund
are as follows:
Revenues: $49,268,691
Less:
Expenditures: ($60,115,412)
Preliminary Estimated Decrease in Fund Balance: $10,846,721*
*The estimated change in fund balance is primarily due a one-time payment of $10 million to
PSPRS to pay down the unfunded liability.
General Fund Revenues
Local sales tax collections in the General Fund total $4.5 million or 21.3% of the budget
amount of $21.2 million and are trending as anticipated. Retail collections total $2.5
million, which is $224,000 or 10% higher than collections from the same time period last
fiscal year. Both restaurant/bar collections as well as bed tax collections are up 40.7% and
212.6% respectively compared to collections from the same time period last fiscal year.
Construction sales tax collections total $1.5 million through September 2021, which is
$120,000 or 7.3% lower than collections from the same time period last fiscal year. As
expected, residential construction has slowed from the unusually high activity in the prior
year and is currently trending on budget. Please see Attachment E for detailed information
on General Fund local sales tax collections.
License and permit revenues total $456,000 or 24.6% of the budget amount of $1.8 million.
Single Family Residential (SFR) permits issued through September total 58 and are a
large portion of this revenue piece. This revenue category is expected to come in on
budget.
State shared revenues total $3.3 million or 24.1% of the budget amount of $13.7 million.
These revenues sources are comprised of state shared sales taxes, state shared income
taxes and auto-lieu fees. At this point in time, these revenues are forecasted to come in
on budget.
Federal grants revenue is expected to be $2.2 million greater than originally budgeted due
to known, additional ARPA funding.
Charges for services revenues total $690,594 or 28.9% of the budget amount of $2.4
million. A large portion of these revenues are associated with Parks & Recreation program
revenues which are showing strong signs of recovery. Charges for services are forecasted
to come in on budget.
General Fund Expenditures
General Fund expenditures are trending as expected through September 2021. In General
Administration, the Town has recorded a one-time $10.0 million payment to PSPRS to pay
down the unfunded liability. Transfers out of the General Fund are expected to be $1.1
million less than budgeted due to the pension obligation bonds that were issued in July.
The Town budgeted a full debt service payment; however, only an interest payment is due
this year.
The General Fund is expected to end the fiscal year with a total fund balance of $24.8 million,
or 46.1% of budgeted expenditures.
HIGHWAY FUND
Highway Fund Revenues
State shared highway user funds total $956,095 or 26.4% of the budget amount of $3.6
million. At this point in time, these revenues are estimated to come in at budgeted levels.
Miscellaneous revenue includes an unexpected insurance recovery of $2,396, therefore
the year end estimate has been increased by $2,396.
All other revenue sources for the fund are expected to come in on budget at this time.
Highway Fund Expenditures
Highway Fund expenditures are currently at $637,000 or 15.6% of the adopted budget of
$4.1 million. This is expected, due to the timing of the pavement preservation program.
Highway Fund expenditures are estimated to come in on budget.
The Highway Fund is expected to end the fiscal year with a fund balance of approximately
$803,000.
COMMUNITY CENTER FUND
Attachment C-1 shows the consolidated financial status of the Community Center Fund with all
revenues and expenditures from contracted and Town-managed operations.
Attachment C-2 shows the monthly line-item detail for the contractor-managed operations,
specifically revenues and expenditures associated with the golf, food and beverage operations.
The totals in the revenue and expenditure categories in Attachment C-2 tie to the contracted
operating revenues and expenditures in Attachment C-1.
Community Center Fund Revenues
Revenues in the Community Center Fund through September 2021 total $1.8 million or
24.8% of the budget amount of $7.4 million.
Contracted operating revenues total $768,987. This is approximately $18,900 or 2.5%
higher than revenues from the same time period last fiscal year. At this point in time,
contracted revenues are estimated to come in on budget.
Town operating revenues for September are $320,362, a significant increase from the
same time period last year primarily due to a recovery in recreation program revenue.
Town operating revenues are expected to end the fiscal year 7.2% over budget.
Local sales tax revenues for September total $747,000 or 25.5% of the budget amount of
$2.9 million. These collections are currently estimated to come in at budgeted levels.
Community Center Fund Expenditures
Expenditures in the Community Center Fund total $1.6 million or 20.3% of the budget
amount of $7.8 million.
Contracted operating expenditures total $1.1 million, or 23.7% of the budgeted amount of
$4.7 million. Contracted expenditures are estimated to come on budget.
Transfers out are expected to be $1.7 million less than budget. This is due to the Town
having budgeted a full debt service payment for the newly issued Parks and Recreation
bonds. A debt service payment will not be due this year.
At this time, the Community Center Fund is projected to end the fiscal year with a total
fund balance of $2.3 million.
The year-end sales tax support for golf operations is estimated to be $871,143. This figure
includes a projected ($1,079,143) for contracted golf operations, $125,000 in outside HOA
contributions, and approximately $83,000 in local sales taxes generated from golf related
operations.
Please see Attachments A and B for additional details on the General Fund and Highway Fund.
See Attachments C-1 and C-2 for additional details on the Community Center Fund. See
Attachment D for a fiscal year-to-date consolidated summary of all Town Funds. See Attachment
E for a breakdown of monthly local sales tax collections for the General Fund. See Attachment F
for a breakdown of state shared revenues for the General Fund.
ATTACHMENT A
September YTD Financial Status
General Fund
% Budget Completion through September --- 25.0%
% Actuals YE % Variance
to Budget to Budget
REVENUES:`
LOCAL SALES TAX 4,509,196 21,157,707 21.3% 21,157,707 0.0%
LICENSES & PERMITS 455,667 1,849,000 24.6% 1,849,000 0.0%
FEDERAL GRANTS 30,258 5,990,290 0.5% 8,185,785 36.7%
STATE GRANTS 14,503 75,000 19.3% 75,000 0.0%
STATE/COUNTY SHARED 3,302,564 13,729,923 24.1% 13,729,923 0.0%
OTHER INTERGOVERNMENTAL 269,207 1,344,500 20.0% 1,344,500 0.0%
CHARGES FOR SERVICES 690,594 2,387,776 28.9% 2,387,776 0.0%
FINES 34,126 125,000 27.3% 125,000 0.0%
INTEREST INCOME 52,489 150,000 35.0% 150,000 0.0%
MISCELLANEOUS 2,385 264,000 0.9%264,000 0.0%
TOTAL REVENUES 9,360,989 47,073,196 19.9% 49,268,691 4.7%
% Actuals YE % Variance
to Budget to Budget
EXPENDITURES:
CLERK 72,392 383,833 18.9% 383,833 0.0%
COMMUNITY & ECON. DEV. 553,014 3,044,614 18.2% 3,044,614 0.0%
COUNCIL 89,138 188,720 47.2% 188,720 0.0%
FINANCE 168,504 979,655 17.2% 979,655 0.0%
GENERAL ADMINISTRATION 10,584,648 14,459,559 73.2% 14,459,559 0.0%
HUMAN RESOURCES 87,147 535,390 16.3% 535,390 0.0%
INNOVATION & TECHNOLOGY 1,022,735 4,346,583 23.5% 4,346,583 0.0%
LEGAL 157,873 902,754 17.5% 902,754 0.0%
MAGISTRATE COURT 188,827 914,796 20.6% 914,796 0.0%
MANAGER 201,445 1,115,224 18.1% 1,115,224 0.0%
PARKS & RECREATION 657,950 3,446,361 19.1% 3,446,361 0.0%
POLICE 3,220,540 18,171,000 17.7% 18,171,000 0.0%
PUBLIC WORKS 969,875 5,364,091 18.1% 5,364,091 0.0%
TRANSFERS OUT 946,555 7,408,264 12.8%6,262,832 -15.5%
TOTAL EXPENDITURES 18,920,643 61,260,844 30.9% 60,115,412 -1.9%
SURPLUS / (DEFICIT) (9,559,654) (14,187,648) (10,846,721)
BEGINNING FUND BALANCE **35,668,988
Plus: Surplus / (Deficit)(10,846,721)
ENDING FUND BALANCE **24,822,267
* Year-end estimates are subject to further revision
** Beginning and ending fund balance amounts are estimates and are subject to further revision
FY 2021/2022
Year End
Estimate *
Budget Year End
Estimate *
Actuals
thru 09/2021
Actuals
thru 09/2021
Budget
ATTACHMENT B
September YTD Financial Status FY 2021/2022
% Budget Completion through September --- 25.0%
Actuals
thru 09/2021 Budget % Actuals
to Budget
Year End
Estimate *
YE % Variance
to Budget
REVENUES:
LICENSES & PERMITS 7,125 25,000 28.5%25,000 0.0%
STATE/COUNTY SHARED 956,095 3,614,922 26.4%3,614,922 0.0%
INTEREST INCOME 748 6,000 12.5%6,000 0.0%
MISCELLANEOUS 2,498 2,000 124.9%4,396 119.8%
TOTAL REVENUES 966,466 3,647,922 26.5%3,650,318 0.1%
Actuals
thru 09/2021 Budget % Actuals
to Budget
Year End
Estimate *
YE % Variance
to Budget
EXPENDITURES:
TRANSPORTATION ENGINEERING 593,861 3,766,525 15.8%3,766,525 0.0%
STREET MAINTENANCE 43,005 324,000 13.3%324,000 0.0%
TOTAL EXPENDITURES 636,866 4,090,525 15.6%4,090,525 0.0%
SURPLUS / (DEFICIT)329,600 (442,603) (440,207)
BEGINNING FUND BALANCE **1,242,978
Plus: Surplus / (Deficit)(440,207)
ENDING FUND BALANCE **802,771
* Year-end estimates are subject to further revision
** Beginning and ending fund balance amounts are estimates and are subject to further revision
Highway Fund
ATTACHMENT C-1
September YTD Financial Status
% Budget Completion through September --- 25.0%
% Actuals YE % Variance
to Budget to Budget
REVENUES:
CONTRACTED OPERATING REVENUES
Golf Revenues, Trail and Cart Fees 343,354 1,966,245 17.5% 1,966,245 0.0%
Member Dues 267,959 957,000 28.0% 957,000 0.0%
Food & Beverage 112,769 473,465 23.8% 473,465 0.0%
Merchandise & Other 44,905 225,675 19.9%225,675 0.0%
768,987 3,622,385 21.2% 3,622,385 0.0%
TOWN OPERATING REVENUES
Daily Drop-Ins 10,184 30,000 33.9% 30,000 0.0%
Member Dues 177,215 526,480 33.7% 526,480 0.0%
Recreation Programs 109,442 82,500 132.7% 132,500 60.6%
Swim Team/Swim Lessons - 8,000 0.0% 8,000 0.0%
Facility Rental Income 23,511 50,500 46.6% 50,500 0.0%
Concession Sales 10 100 10.0%100 0.0%
320,362 697,580 45.9% 747,580 7.2%
OTHER REVENUES
Local Sales Tax 747,245 2,932,798 25.5% 2,932,798 0.0%
Real Property Rental Income - 19,502 0.0% 19,502 0.0%
Interest Income 275 1,000 27.5% 1,000 0.0%
Miscellaneous - 125,000 0.0%125,000 0.0%
747,520 3,078,300 24.3% 3,078,300 0.0%
TOTAL REVENUES 1,836,869 7,398,265 24.8% 7,448,265 0.7%
% Actuals YE % Variance
to Budget to Budget
EXPENDITURES:
CONTRACTED OPERATING EXPENDITURES
Personnel 337,360 1,641,903 20.5% 1,641,903 0.0%
Food & Beverage 107,290 445,441 24.1% 445,441 0.0%
Operations & Maintenance 631,715 2,429,634 26.0% 2,429,634 0.0%
Equipment Leases 39,123 184,550 21.2%184,550 0.0%
1,115,489 4,701,528 23.7% 4,701,528 0.0%
TOWN OPERATING EXPENDITURES
Personnel 208,780 875,291 23.9% 875,291 0.0%
Operations & Maintenance 87,672 211,290 41.5%211,290 0.0%
296,452 1,086,581 27.3% 1,086,581 0.0%
CAPITAL OUTLAY 21,528 132,500 16.2% 132,500 0.0%
TRANSFERS OUT 168,519 1,868,519 9.0% 168,519 -91.0%
TOTAL EXPENDITURES 1,601,988 7,789,128 20.6% 6,089,128 -21.8%
SURPLUS / (DEFICIT) 234,881 (390,863) 1,359,137
BEGINNING FUND BALANCE **2,676,793
Plus: Surplus / (Deficit)1,359,137
ENDING FUND BALANCE **4,035,930
* Year-end estimates are subject to further revision
** Beginning and ending fund balance amounts are estimates and are subject to further revision
FY 2021/2022
Actuals
thru 09/2021 Budget Year End
Estimate *
Community Center Fund
Actuals
thru 09/2021 Budget Year End
Estimate *
ATTACHMENT C-2
Budget Last Year Budget Last Year
Actual Budget Variance Last Year Variance Actual Budget Variance Last Year Variance
Rounds
2,235 1,750 485 2,039 196 Rounds ‐ Member 5,937 4,900 1,037 5,560 377
232 200 32 304 (72)Rounds ‐ Outing 871 500 371 534 337
2,817 3,250 (433)3,586 (769)Rounds ‐ Public 9,122 10,250 (1,128)11,804 (2,682)
====================================================================================== ================================================================================
5,284 5,200 84 5,929 (645)Total Rounds 15,930 15,650 280 17,898 (1,968)
Revenue
99,302 105,000 (5,698)122,143 (22,841)Green Fees 270,036 286,000 (15,964)332,833 (62,798)
21,948 19,175 2,773 19,752 2,196 Cart Fees 65,256 57,295 7,961 58,093 7,162
2,452 4,500 (2,048)4,685 (2,233)Driving Range 8,063 9,000 (937)8,999 (936)
0 0 0 709 (709)Golf Cards/Passes 0 0 0 0 0
13,191 13,000 191 13,855 (664)Pro Shop Sales 37,252 38,000 (748)40,624 (3,372)
22,276 6,850 15,426 8,660 13,616 Food (Food & Soft Drinks) 62,376 19,800 42,576 24,398 37,978
15,933 12,625 3,308 15,787 146 Beverages (Alcohol) 50,580 37,875 12,705 46,212 4,369
(463)0 (463) (986)524 Other Food & Beverage Revenue (187)0 (187) (43) (145)
1,551 500 1,051 1,253 299 Other Golf Revenues (Club Rent, Handicap 3,510 1,350 2,160 3,527 (17)
960 250 710 1,184 (223)Clinic / School Revenue 3,591 750 2,841 2,786 804
90,924 77,500 13,424 75,649 15,275 Dues Income ‐ Monthly Dues 267,959 232,500 35,459 232,871 35,088
(148)0 (148)133 (282)Miscellaneous Income and Discounts 553 0 553 (186)739
==================================================================================== ==============================================================================
267,927 239,400 28,527 262,823 5,104 Total Revenue 768,987 682,570 86,417 750,114 18,873
Cost of Sales
10,020 9,750 (270)10,735 715 COGS ‐ Pro Shop 26,591 28,500 1,909 29,385 2,794
6,617 1,238 (5,379)2,160 (4,457)COGS ‐ Food 17,118 3,465 (13,653)6,909 (10,209)
843 930 87 1,670 827 COGS ‐ Non‐Alcoholic Beverages 2,862 2,790 (72)4,339 1,477
5,091 3,788 (1,303)4,641 (450)COGS ‐ Alcohol 15,945 11,363 (4,583)13,575 (2,370)
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐
22,570 15,705 (6,865)19,205 (3,366)Total Cost of Sales 62,517 46,118 (16,399)54,208 (8,309)
==================================================================================== ==============================================================================
245,357 223,695 21,662 243,618 1,739 GROSS INCOME 706,470 636,453 70,018 695,906 10,565
Labor
23,750 21,238 (2,512)20,012 (3,738)Golf Operation Labor 69,266 64,582 (4,684)61,966 (7,300)
8,913 10,213 1,299 6,868 (2,045)General and Administrative 27,324 30,638 3,313 31,803 4,479
61,693 63,624 1,931 53,556 (8,137)Maintenance and Landscaping 173,241 190,760 17,519 157,348 (15,893)
17,769 14,553 (3,215)13,337 (4,432)F&B 54,499 43,860 (10,639)42,759 (11,739)
6,240 5,171 (1,069)5,434 (806)Sales and Marketing 16,371 14,514 (1,857)15,454 (917)
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐
118,365 114,799 (3,566)99,208 (19,157)Total Direct Labor 340,700 344,354 3,653 309,330 (31,370)
8,274 10,906 2,632 8,859 585 Total Payroll Taxes 25,683 32,714 7,031 29,080 3,397
10,123 12,500 2,377 9,743 (380)Total Medical/Health Benefits 29,375 37,500 8,125 29,092 (283)
1,776 2,055 279 2,030 254 Total Workmans Comp 5,991 6,165 174 6,090 99
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐
20,173 25,461 5,288 20,633 460 Total Payroll Burden 61,049 76,379 15,329 64,262 3,213
==================================================================================== ==============================================================================
138,538 140,260 1,722 119,840 (18,698)Total Labor 401,750 420,732 18,983 373,592 (28,157)
Other Operational Expenses
8,676 2,930 (5,746)2,224 (6,451)Golf Ops 21,758 12,930 (8,828)9,506 (12,252)
7,310 8,475 1,165 8,613 1,303 G&A 26,436 26,965 529 56,097 29,660
131,692 129,150 (2,542)118,361 (13,331)Maintenance 200,170 204,200 4,030 189,090 (11,080)
2,352 6,210 3,858 2,075 (277)F&B 6,975 15,080 8,105 5,126 (1,849)
1,397 900 (497)2,083 685 Sales and Marketing 5,703 4,500 (1,203)5,782 78
13,041 14,784 1,743 12,450 (591)Golf Cart Leases 39,123 44,352 5,229 37,350 (1,773)
0 0 0 0 0 Equipment Leases 0 0 0 41,928 41,928
89,059 118,900 29,841 103,569 14,510 Utilities ‐ Maintenance 250,011 374,500 124,489 332,127 82,117
16,181 15,850 (331)15,751 (430)Utilities ‐ G&A 48,699 41,605 (7,094)41,428 (7,271)
10,200 10,200 0 10,000 (200)Management Fees 30,600 30,600 0 30,000 (600)
3,846 3,300 (546)3,300 (546)Insurance ‐ P&C 11,530 9,900 (1,630)9,900 (1,630)
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐
283,754 310,699 26,945 278,426 (5,328)Total Other Operational Expenses 641,006 764,632 123,626 758,334 117,328
==================================================================================== ==============================================================================
422,292 450,959 28,667 398,266 (24,025)Total Expenses 1,042,755 1,185,364 142,609 1,131,927 89,171
==================================================================================== ==============================================================================
(176,935) (227,264)50,329 (154,648) (22,287)EBITDAR (336,285) (548,912)212,627 (436,021)99,736
==================================================================================== ==============================================================================
(176,935) (227,264)50,329 (154,648) (22,287)EBITDA (336,285) (548,912)212,627 (436,021)99,736
Interest Expense/Dep&Amt
00000Other Expense (343)0 343 12,590 12,933
0 0 0 0 0 Capital Improvements/Cap Reserve 10,560 0 (10,560)0 (10,560)
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐
00000Total Interest Expense 10,217 0 (10,217)12,590 2,373
==================================================================================== ==============================================================================
(176,935) (227,264)50,329 (154,648) (22,287)Net Income (346,502) (548,912)202,410 (448,611)102,109
El Conquistador Golf Club
For the Month Ending September 30th, 2021
September YTD
ATTACHMENT DConsolidated Year-to-Date Financial Report through September 2021FY 2021/2022FY 21/22 Capital Leases/Left in AccountsBegin Bal. Transfer OutThru Sep. 2021General Fund 35,668,988 9,360,989 9,360,989 946,555 5,567,739 12,391,906 14,443 18,920,643 26,109,334 Highway Fund 1,242,979 966,466 966,466 238,929 78,558 319,379 636,866 1,572,579 Grants and Contributions Fund - 1,150 1,150 1,150 1,150 - Seizure & Forfeiture - Justice/State 266,810 15,903 15,903 - 282,713 Community Center Fund 2,676,793 1,836,869 1,836,869 207,642 546,140 826,678 21,528 1,601,988 2,911,674 Municipal Debt Service Fund 165,436 29,930 19,098,390 19,128,320 17,865,260 1,101,020 18,966,280 327,476 Oracle Road Debt Service Fund 4,194 3 3 - 4,197 Water Resource System & Dev. Impact Fee Fund 18,744,638 425,917 425,917 363,505 319,207 682,712 18,487,843 Townwide Roadway Dev Impact Fee Fund 1,978,878 53,140 53,140 8,663 8,663 2,023,355 Parks & Recreation Impact Fee Fund 316,645 30,268 30,268 - 346,913 Police Impact Fee Fund 168,764 17,461 17,461 117,750 117,750 68,476 Capital Fund 2,504,029 214,452 214,452 4,747 60 388,352 393,159 2,325,322 PAG/RTA Fund 1,248,618 7,951 7,951 224,063 224,063 1,032,506 Water Utility13,666,981 4,777,492 4,777,492 2,402 651,441 1,962,887 180,582 4,215,022 7,012,334 11,432,139 Stormwater Utility1,001,740 389,837 389,837 155,041 69,733 224,774 1,166,803 Benefit Self Insurance Fund 2,379,019 937,510 937,510 890,612 890,612 2,425,917 Recreation In-Lieu Fee Fund 17,045 13 13 - 17,058 Total 82,051,556 19,065,350 19,098,390 38,163,740 1,274,349 7,164,037 34,086,844 1,520,515 - 5,635,249 49,680,994 70,534,302 Total OutPersonnel O&M Capital ContingencyFund RevenueOther Fin Sources/TfrsTotal InDebt Service
ATTACHMENT EGeneral Fund Local Sales Tax Collections FY 2021/22CATEGORY JULYAUGSEPOCTNOVDECJANFEBMARAPRMAYJUNETOTALConstruction Sales Tax 441,038 419,552 651,924 1,512,514 Utility Sales Tax 321,489 383,548 329,545 1,034,582 Retail Sales Tax 675,726 647,693 641,711 1,965,130 Bed Tax 130,217 117,012 93,538 340,767 Restaurant & Bar Sales Tax 172,386 162,947 172,178 507,512 All Other Local Sales Tax *181,767 180,252 164,385 526,405 TOTAL 1,922,624$ 1,911,004$ 2,053,282$ 5,886,910$ FY 2020/21CATEGORY JULYAUGSEPOCTNOVDECJANFEBMARAPRMAYJUNETOTALConstruction Sales Tax 643,435 471,705 517,101 483,032 384,176 321,621 305,338 241,562 254,568 450,343 409,924 442,859 4,925,664 Utility Sales Tax 267,771 337,260 350,040 360,019 286,715 249,286 245,891 271,681 241,698 227,632 221,458 205,402 3,264,853 Retail Sales Tax 647,068 579,089 560,008 613,570 607,315 709,153 889,306 606,222 620,243 748,368 700,138 692,038 7,972,518 Bed Tax 42,564 33,546 32,879 38,003 170,718 105,673 36,242 40,721 99,686 148,989 144,442 130,433 1,023,896 Restaurant & Bar Sales Tax 127,814 114,578 118,223 130,147 158,913 137,151 142,356 130,977 154,257 183,628 167,142 191,389 1,756,575 All Other Local Sales Tax *117,419 174,520 141,653 120,588 200,416 200,756 183,337 164,894 171,734 218,085 193,522 201,188 2,088,112 TOTAL 1,846,071$ 1,710,698$ 1,719,904$ 1,745,360$ 1,808,253$ 1,723,640$ 1,802,470$ 1,456,056$ 1,542,186$ 1,977,045$ 1,836,626$ 1,863,309$ 21,031,618$ * Note: Does not include cable franchise fees or sales tax audit revenues
ATTACHMENT FGeneral Fund State Shared RevenuesFY 2021/22CATEGORY JULYAUGSEPOCTNOVDECJANFEBMARAPRMAYJUNETOTALState Shared Income Tax 500,637 500,637 517,313 1,518,587 State Shared Sales Tax 291,674 534,620 464,795 1,291,089 County Auto Lieu100,364 178,439 214,084 492,887 TOTAL 892,675$ 1,213,696$ 1,196,192$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 3,302,563$ FY 2020/21CATEGORY JULYAUGSEPOCTNOVDECJANFEBMARAPRMAYJUNETOTALState Shared Income Tax 548,361 548,361 548,361 548,361 548,361 548,360 548,361 548,361 548,361 548,361 548,361 548,361 6,580,331 State Shared Sales Tax 243,577 413,638 354,744 490,371 357,106 523,608 454,947 376,182 433,435 572,504 533,021 709,210 5,462,343 County Auto Lieu98,728 256,745 217,528 201,958 162,796 190,665 190,824 175,212 182,116 216,303 197,466 302,323 2,392,664 TOTAL 890,666$ 1,218,744$ 1,120,633$ 1,240,690$ 1,068,263$ 1,262,633$ 1,194,132$ 1,099,755$ 1,163,912$ 1,337,168$ 1,278,848$ 1,559,894$ 14,435,338$
Town Council Regular Session 1.
Meeting Date:11/17/2021
Central Arizona Project (CAP) Presentation
Subject
Presentation by Central Arizona Project (CAP) board member Karen Cesare
Summary
Attachments
CAP Presentation
YOUR WATER. YOUR FUTURE.
Oro Valley Town Council
November 17, 2021
KAREN CESARE, CAWCD BOARD MEMBER
|2
Colorado River Basin System:
•Reservoirs
•Snowpack/runoff
•Projections
Colorado River Shortage:
•The U.S. Secretary of the Interior has declared the first-ever shortage on the Colorado River for 2022
What’s next?
•Beyond shortage
•Arizona Reconsultation Committee
Here’s what we’ll cover today:
|
Colorado River Basin
3 SAMPLE SLIDES PRESENTATION
YOUR WATER. YOUR FUTURE.
|4
Colorado River Basin
•Upper Basin States: Colorado, New
Mexico, Utah, and Wyoming
•Lower Basin States: Arizona,
California, and Nevada
•7.5 million acre-feet (MAF) annual allocation
of Colorado River water for the Upper Basin,
7.5 MAF for the Lower Basin and 1.5 MAF
for Mexico
•Lower Basin allocations:
•AZ (2.8 MAF)
•CA (4.4 MAF)
•NV (0.3 MAF)
|
Colorado River Basin and Major Reservoirs
5
|
Colorado River Water Supply Report
System Contents: 20.92 MAF
As of September 22, 2021
7
* With respect to previous month’s report
Lake
Mead
Lake
Powell
80%
68%
95%
31%
57%
30%, 7.34
MAF
35%, 9.00 MAF
1,220’
3,700’
Tier 1 Shortage 1,075’
Current Elevation
1,067’
Mid-Elevation
Release 3,575’
67%
Crystal Reservoir
Current Elevation
3,547’
Reservoir Current Change*Maximum
Lake Mead 9.00 - 0.04 25.90
Lake Powell 7.34 - 0.28 24.30
Flaming Gorge Reservoir 2.99 - 0.04 3.75
Fontenelle Reservoir 0.23 - 0.01 0.34
Navajo Reservoir 0.96 - 0.07 1.70
Blue Mesa Reservoir 0.26 - 0.07 0.83
Morrow Point Reservoir 0.11 0.00 0.12
Crystal Reservoir 0.02 0.00 0.03
Reservoir Capacities (MAF)
|
Colorado River shortage and future of the Colorado River system
8 SAMPLE SLIDES PRESENTATION
YOUR WATER. YOUR FUTURE.
|
Arizona (CAP) Contributions in Shortage
|11
What’s next?
|
•Establish a process for continued engagement within Arizona throughout the Reconsultation process
•Provide a venue for developing and sharing stakeholder perspectives and values to guide Arizona’s guiding principles in the Reconsultation process
•Conduct fact-based technical work to understand the impacts to Arizona
•Continue the transparency established during the successful DCP Steering Committee effort
•Open to the public and/or livestreamed
•Presentations available on website
AZ Reconsultation Committee (ARC)
12
|
Arizona Reconsultation Process
*By invitation to support the co-Chairs
**Requires confidentiality agreement for legal advice and negotiating strategies
***Federal legislation if necessary
Arizona Reconsultation Committee (ARC):
Arizona Colorado River stakeholders including:
cities, tribes, agriculture, CAP users, industry,
development, NGOs, and elected officials
Arizona
Strategy
Team**
AZ Technical
Work GroupsAZ Technical
Work Groups
Technical Work
Groups
ROD & Federal
Legislation***
BOR ProcessBasin States
Process
Basin
States*
13
|
Building A Resilient Colorado River System
NOW 2022 2024 2026 2028 2030
Augmentation, Conservation, Reuse, Recovery –long term efforts
“Reconsultation” -Develop new Colorado River Guidelines Implement and refine new
Colorado River Guidelines
Develop additional
measures to protect
Lake Mead per “1,030’
Consultation”
Prepare to implement
Tier 1 shortage
pursuant to DCP
Implement 2007 Guidelines and DCP
efforts to protect Lake Mead, including
1,030’ Consultation agreements
14
|
For more information:
•CAP’s news site –knowyourwaternews.com
•CAP’s main website (with information on the Drought Contingency Plan and Arizona Reconsultation Committee –CentralArizonaProject.com
Other resources:
•Arizona Department of Water Resources --new.azwater.gov
•US Bureau of Reclamation –usbr.gov
15
KNOW YOUR WATER
KnowYourWaterNews.com
Thank you!
Town Council Regular Session 2.
Meeting Date:11/17/2021
Presentation - U of A Center for Innovation Update
Subject
Presentation and update regarding the status of the University of Arizona Center for Innovation: Oro Valley and the
development of the Oro Valley Entrepreneurial Ecosystem
Summary
Attachments
U of A Center for Innovation Presentation
Community and Economic Development
Department
Tech Parks Hierarchy
Connections to Community and University
Programming
Programming
People Support
Two Mentors-In-Residence
Four Subject Matter Experts
Full Programmatic Staff
University Interns
Broader Network
Global Soft Landing
U.S. Market Ready Startups
U.S. State Department Contract
Mexican Consulate Contract
InBIA Soft Landings Designation
GA Partners
Federal Opportunities
Corporate / Municipal Sponsors
UACI at a Glance
57 startups
$46M in startup capital raised
$6M in current federal startup grants
Mix of companies from all over the region/US/globe
$600k in current contracts
$110k in current sponsorships
3 locations and 2 outposts
How We Got Here
Need identified in 2013
Nonprofit board formed in 2015
Fundraising began in 2016
Tech Parks involvement in 2018
Groundbreaking in 2019
Opening in December 2020
Participants
The Facilities
The Facilities
Equipment
Genpure Pro Water Purification System
4ft and 6 ft Biosafety cabinet
Isotemp 3-door Chromatography Refrigerator
Chemical Fume hood
Sorvall X4 Pro Centrifuge
Oven
Water bath
pH/cond meter
Ultra-low freezer
Autoclave
Precision balance
Analytical balance
Cell counter
71L Shaking Incubator
Pearl Ice Machine
Inverted Microscope
CO2 Incubator-Dual stacked
Automated Liquid handling System
-80°Freezer
Stir/Hot Plate
Plate Centrifuge
ThermoCycler
Vacuum Desiccator
Single channel pipettors
Vacuum Aspirator
Microplate shaker
Microcentrifuge
Vortex Mixer
Companies in Oro Valley
Companies in Oro Valley
Progress
In operation for 10 months
Full incubator with a waiting list
Companies represent 15 employees
Companies represent over $600k in capital to the region
Community and university startups
Residents from in and out of Oro Valley
Thank You
Eric Smith
Executive Director, University of Arizona Center for Innovation
TECH PARKS ARIZONA
9040 S. Rita Road Suite 1270 Tucson, AZ 85747
esmith@uacenterforinnovation.org
O:(520) 382-3279 M: (520) 907-5550
StartUp Tucson Entrepreneurial Needs Study
Strategic Leadership Plan
•Goal 1B
•Develop strategies to incentivize entrepreneurial opportunities for start-up and home-based businesses, business expansion opportunities and adaptive reuse of vacant buildings.
1) Current State:
What is the current make-up of Oro Valley’s entrepreneurs in terms of stage, demographics, and/or industry?
2) Business Types:
Are there particular niches or industries that tend to prosper more in this area than others? Are there industries that are “low hanging fruit”? Are there industries that would be a greater “stretch” for Oro Valley to build towards?
3) Resource Availability:
Of the resources currently available to small businesses and startups, which are the most useful? Which are underutilized?
4) Gaps & Opportunities:
Of the 7 essential elements to a functional entrepreneurial ecosystem, which needs the most improvements in Oro Valley from the perspective of entrepreneurs, small businesses and startups?
Entrepreneurial “Ecosystem”
•Incubation
•Acceleration
•“Spaces”
•Venture Capitalists
•Angel Financing
•Talent
•Guidance
•Research
•Incentives
•Info
•“Community”
•ETC.
Town
OVCC
UofA
PCC
UACI
SU TUC
Finance
Oro Valley StartUp Ecosystem Characteristics
Service and
Consulting
42%
Health and
Fitness
32%
Food
8%
Creative Maker
8%
Life Science
6%Software and Tech
4%
Percentage of Startups by Sector
Service and Consulting Health and Fitness Food
Creative Maker Life Science Software and Tech
StartUp Ecosystem Analysis
Strengths
Ownership
Demographics
Funding
SourcesResources
Gaps
Marketing
Faster and
Easier Permitting
Funding
Affordable Space
Talent
Needs
Talent
Benefits Acquisition
CEO/CFO Assistance
Incentives to stay in OV
StartUp Needs: General vs. UACI Tenants
Opportunities
Reduce Property Costs
Community Identity
Business Resource Center
Nurture Homegrown
Startups
Study Recommendations
Ecosystem
Building
Community
Building Events
Targeted
Recruitment
Targeted
Programming
Expanded
Space
Simulating
Density
Community
Integration
Upcoming Events/Support
•January 20 StartUp Mixer
Benefits Support
Transportation
Position Recruitment
Short Term Assistance
Next Steps/Questions
•StartUp Incentive Program
•Transitional Facility
•StartUp Corporate
Affiliations
•Maker Spaces and
Accelerators
Longer Term Objectives
Town Council Regular Session A.
Meeting Date:11/17/2021
Requested by: Mike Standish Submitted By:Michelle Stine, Town Clerk's Office
Department:Town Clerk's Office
SUBJECT:
Minutes - November 3, 2021
RECOMMENDATION:
Staff recommends approval.
EXECUTIVE SUMMARY:
N/A
BACKGROUND OR DETAILED INFORMATION:
N/A
FISCAL IMPACT:
N/A
SUGGESTED MOTION:
I MOVE to approve (approve with the following changes) the November 3, 2021 mintues.
Attachments
11-3-21 Draft Minutes
D R A F T
MINUTES
ORO VALLEY TOWN COUNCIL
REGULAR AND STUDY SESSION
NOVEMBER 3, 2021
ORO VALLEY COUNCIL CHAMBERS
11000 N. LA CAÑADA DRIVE
REGULAR SESSION AT OR AFTER 5:00 PM
CALL TO ORDER
Mayor Winfield called the meeting to order at 5:00 p.m.
ROLL CALL
Present: Joseph C. Winfield, Mayor
Melanie Barrett, Vice-Mayor
Tim Bohen, Councilmember
Harry Greene, Councilmember
Joyce Jones-Ivey, Councilmember (attended via phone)
Josh Nicolson, Councilmember
Steve Solomon, Councilmember
EXECUTIVE SESSION - Pursuant to ARS §38-431.03(A)(4) to discuss a tentative economic development
agreement regarding Project Alpha
Mayor Winfield announced the following staff members would be joining Council in the Executive
Session: Town Manager Mary Jacobs, Community & Economic Development Director Paul Melcher,
Legal Services Director Tobin Sidles, Town Attorney Jonathan Rothschild and Town Clerk Mike
Standish
Motion by Mayor Joseph C. Winfield, seconded by Councilmember Josh Nicolson to go into Executive
Session at 5:01 p.m. pursuant to ARS §38-431.03(A)(4) to discuss a tentative economic development
agreement regarding Project Alpha
Vote: 7 - 0 Carried
RESUME REGULAR SESSION AT OR AFTER 6:00 PM
CALL TO ORDER
Mayor Winfield reconvened the Regular Session at 6:00 p.m.
11-3-21 Minutes, Town Council Regular and Study Session 1
ROLL CALL
Present: Joseph C. Winfield, Mayor
Melanie Barrett, Vice-Mayor
Tim Bohen, Councilmember
Harry Greene, Councilmember
Joyce Jones-Ivey, Councilmember (attended via phone)
Josh Nicolson, Councilmember
Steve Solomon, Councilmember
PLEDGE OF ALLEGIANCE
Mayor Winfield led the audience in the Pledge of Allegiance.
UPCOMING MEETING ANNOUNCEMENTS
Town Clerk Mike Standish announced the upcoming Town meetings.
COUNCIL REPORTS
Councilmember Greene reported that the Stormwater Utility had been working to identify vulnerable
flood areas in Oro Valley.
Mayor Winfield expressed appreciation for all those involved with the planning of the State of the Town
event.
TOWN MANAGER'S REPORT
Town Manager Mary Jacobs reported the following information:
Update regarding the State of the Town event
Update on the potential acquisition of the former Vistoso Golf Course
Update on the Mural at the Oro Valley Marketplace
ORDER OF BUSINESS
Mayor Winfield reviewed the order of business and stated that the order would stand as posted.
Mayor Winfield provided the guidelines for participation in the Town Council's Regular and
Study Session meeting.
INFORMATIONAL ITEMS
There were no informational items.
CALL TO AUDIENCE
11-3-21 Minutes, Town Council Regular and Study Session 2
CALL TO AUDIENCE
Oro Valley resident John Isenbarger voiced his concerns regarding the Oro Valley Water Utility's
reclaimed water reports.
Oro Valley resident Paul Loomis voiced his concerns regarding the need for additional
funding for projects at Steam Pump Ranch.
PRESENTATIONS
1.Proclamation - American Diabetes Awareness Month
Mayor Winfield proclaimed November 2021 as American Diabetes Awareness month in Oro Valley.
Oro Valley Detective Jeff Douglas and his daughter Isabel accepted the proclamation.
CONSENT AGENDA
Councilmember Jones-Ivey requested that item (B) be pulled from the Consent agenda for discussion.
A.Minutes - October 20, 2021
Motion by Mayor Joseph C. Winfield, seconded by Councilmember Harry Greene to approve Consent
agenda item (A).
Vote: 7 - 0 Carried
B.Resolution No. (R)21-50, authorizing and approving an Intergovernmental Agreement (IGA) between the
Metropolitan Domestic Water Improvement District, the Town of Marana and the Town of Oro Valley
relating to the partnership to accommodate additional partnered water facility construction as part of the
Northwest Recharge, Recovery and Delivery System (NWRRDS)
Councilmember Jones-Ivey requested clarification on Consent item (B).
Oro Valley Water Utility Director Peter Abraham clarified Consent item (B) and included the following
presentation:
NWRRDS Supplemental IGA
Engineers Estimate for OV Cost of Service
Engineers Estimate for Consultant Cost of Service
Discussion ensued amongst Council and staff regarding Consent item (B).
The following individual spoke on Consent item (B).
Oro Valley resident John Isenbarger
Motion by Mayor Joseph C. Winfield, seconded by Councilmember Harry Greene to approve
11-3-21 Minutes, Town Council Regular and Study Session 3
Motion by Mayor Joseph C. Winfield, seconded by Councilmember Harry Greene to approve
Resolution No. (R)21-50, authorizing and approving an Intergovernmental Agreement between the
Metropolitan Domestic Water Improvement District, The Town of Marana, and The Town of Oro Valley to
accommodate additional partnered water facility construction as part of the Northwest Recharge,
Recovery and Delivery System.
Vote: 7 - 0 Carried
REGULAR AGENDA
1.DISCUSSION AND POSSIBLE ACTION ON THE EL CONQUISTADOR 36 HOLE GOLF COURSE,
IRRIGATION SYSTEM CAPITAL IMPROVEMENT PROJECT
Town Manager Mary Jacobs and Parks and Recreation Director Kristy Diaz-Trahan presented item #1
and included the following;
El Conquistador Golf Course Background
El Conquistador Golf 36-Hole Irrigation Improvement Project
Options for Consideration
Council Direction
Mr. Bernie Eaton with Indigo Golf Partners and Mr. Marvin Mills, Irrigation Design Consultant, were in
attendance via Zoom.
The following individuals spoke regarding item #1;
Oro Valley resident Ed Slentz
Oro Valley resident Steve Jones
Oro Valley resident John Isenbarger
Oro Valley resident Greg Kishi
Discussion ensued amongst Council, staff, Mr. Mills and Mr. Eaton.
Motion by Mayor Joseph C. Winfield, seconded by Councilmember Josh Nicolson to direct the Town
Manager to proceed with the bid award for the irrigation replacement project for the 36 holes starting
with the Conquistador course first, subject to a maximum of $4,500,000 in funding from the $25,000,000
bond proceeds, and the remaining funds allocated from available reserves.
Discussion continued amongst Council, staff, Mr. Mills and Mr. Eaton regarding item #1.
Motion by Councilmember Steve Solomon, seconded by Councilmember Harry Greene to amend the
main motion to include payment for golf option one come from the $25,000,000 bond.
Discussion continued amongst Council, staff Mr. Mills and Mr. Eaton regarding item #1.
Councilmember Solomon withdrew his amendment to the main motion, second by
Councilmember Greene.
Discussion continued amongst Council, staff, Mr. Mills and Mr. Eaton regarding item #1.
Motion by Mayor Joseph C. Winfield, seconded by Councilmember Josh Nicolson to direct the Town
11-3-21 Minutes, Town Council Regular and Study Session 4
Motion by Mayor Joseph C. Winfield, seconded by Councilmember Josh Nicolson to direct the Town
Manager to proceed with the bid award for the irrigation replacement project for the 36 holes starting
with the Conquistador course first, subject to a maximum of $4,500,000 in funding from the
$25,000,000 bond proceeds, and the remaining funds allocated from available reserves.
Vote: 6 - 1 Carried
OPPOSED: Councilmember Tim Bohen
FUTURE AGENDA ITEMS
No future agenda items were requested.
ADJOURNMENT OF THE REGULAR SESSION
Motion by Mayor Joseph C. Winfield, seconded by Vice-Mayor Melanie Barrett to adjourn the Regular
Session at 8:10 p.m.
Vote: 7 - 0 Carried
Mayor Winfield recessed the meeting at 8:11 p.m.
Mayor Winfield reconvened the meeting at 8:25 p.m.
CALL TO ORDER
Mayor Winfield called the Study Session to order at 8:26 p.m.
STUDY SESSION AGENDA
1.PRESENTATION AND DISCUSSION REGARDING THE $25M BOND ELEMENTS TO INCLUDE
PROJECT TIMELINES AND COSTS
Town Manager Mary Jacobs and Public Works Director and Town Engineer Paul Keesler presented
Study Session item #1 and included the following;
Brief Background
Naranja Park Expansion
Community Center Exterior Improvements
Golf Course Irrigation Replacement
Tennis Courts Reconstruction & Expansion
Parking Lot Reconstruction & Expansion
Multi-use Path Connections
Multi-use Paths
Combined Preliminary Schedule
Don McGann and Scott Martinez of McGann and Associates were in attendance.
Discussion ensued amongst Council, staff, Mr. Martinez and Mr. McGann regarding Study Session
item #1.
11-3-21 Minutes, Town Council Regular and Study Session 5
ADJOURNMENT
Mayor Winfield adjourned the meeting at 9:29 p.m.
________________________________
Michelle Stine, MMC
Deputy Town Clerk
I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular and study
session of the Town of Oro Valley Council of Oro Valley, Arizona held on the 3rd day of November 2021. I further
certify that the meeting was duly called and held and that a quorum was present.
_________________________________________
Michael Standish, CMC
Town Clerk
11-3-21 Minutes, Town Council Regular and Study Session 6
Town Council Regular Session B.
Meeting Date:11/17/2021
Submitted By:Mike Standish, Town Clerk's Office
Department:Town Clerk's Office
SUBJECT:
Resolution No. (R)21-51, approving the Agenda Committee assignment for the period of December 1, 2021, to
February 28, 2022
RECOMMENDATION:
Staff recommends approval.
EXECUTIVE SUMMARY:
Per the Town Council Parliamentary Rules and Procedures & Code of Conduct, the Town Council shall set and
approve the Agenda Committee meeting assignments. Attached is the proposed Agenda Committee meeting
assignment of Councilmember Jones-Ivey for the period of December 1, 2021, to February 28, 2022.
BACKGROUND OR DETAILED INFORMATION:
N/A
FISCAL IMPACT:
N/A
SUGGESTED MOTION:
I MOVE to APPROVE Resolution No. (R)21-51, approving the Agenda Committee assignment for the period of
December 1, 2021, to February 28, 2022.
Attachments
(R)21-51 Resolution Agenda Committee Assignment
RESOLUTION NO. (R)21-51
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY,
ARIZONA, ASSIGNING COUNCILMEMBER JONES-IVEY TO THE AGENDA
COMMITTEE FOR THE PERIOD OF DECEMBER 1, 2021 THROUGH FEBRUARY 28,
2022; AND DIRECTING THE TOWN MANAGER, TOWN CLERK, TOWN LEGAL
SERVICES DIRECTOR, OR THEIR DULY AUTHORIZED OFFICERS AND AGENTS
TO TAKE ALL STEPS NECESSARY TO CARRY OUT THE PURPOSES AND INTENT
OF THIS RESOLUTION
WHEREAS, on September 19, 2001, the Mayor and Council adopted the Town Council
Parliamentary Rules and Procedures and Code of Conduct; and
WHEREAS, pursuant to section 5.2 (A) Town Council Parliamentary Rules and Procedures &
Code of Conduct , the Town Council shall set and approve the Agenda Committee meeting
assignments; and
WHEREAS, Town Council wishes to assign Councilmember Jones-Ivey to the Agenda
Committee for the period of December 1, 2021 through February 28, 2022.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Oro
Valley, Arizona, as follows:
SECTION 1. That Councilmember Jones-Ivey is hereby assigned to the Agenda Committee for
the period of December 1, 2021 through February 28, 2022.
SECTION 2. That the Town Manager, Town Clerk, Town Legal Services Director, or their duly
authorized officers and agents to take all steps necessary to carry out the purposes
and intent of this resolution.
PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley,
Arizona, this 17th day of November, 2021.
TOWN OF ORO VALLEY
___________________________
Joseph C. Winfield, Mayor
ATTEST: APPROVED AS TO FORM :
____________________________ __________________________________
Michael Standish, Town Clerk Tobin Sidles, Legal Services Director
Date: _______________________ Date: _____________________________
Town Council Regular Session C.
Meeting Date:11/17/2021
Requested by: Aimee Ramsey Submitted By:Aimee Ramsey, Public Works
Department:Public Works
SUBJECT:
Resolution No. (R)21-49, authorizing and approving an agreement for Public Art Funding between the Town of Oro
Valley and the Pima Association of Governments for a Summer Youth Transportation Art program
RECOMMENDATION:
Staff recommends approval.
EXECUTIVE SUMMARY:
The Pima Association of Governments (PAG) manages the Transportation Art by Youth program, which
incorporates art into regional transportation projects. The maximum amount of funding is $25,000 per PAG member
jurisdiction. Jurisdictions can accrue funding each year for a maximum of three years or $75,000 to undertake a
larger project. The Town of Oro Valley has accrued the maximum amount of $75,000 and would like to proceed with
a youth art project during the summer of 2022. In order to release funding to the Town, an Agreement for Public Art
Funding contract is required between the Town and PAG.
BACKGROUND OR DETAILED INFORMATION:
Every three years, the Town and the PAG renew an agreement and enter into a contract for the ongoing
Transportation Art by Youth program. This three-year term is intended to reduce the application processing that
would be required if the contract was instead year-to-year. These projects, which utilize PAG Highway User
Revenue Funds, involve the design and construction of public art on Town right-of-ways by local youth. Projects are
administered by the Southern Arizona Arts and Cultural Alliance in coordination with the Public Works Department.
FISCAL IMPACT:
The Town shall assume responsibility for project costs for design and construction not to exceed $75,000. The
Town shall be reimbursed by PAG upon receipt of invoices detailing the project progress and expenditures up to
$75,000. It is anticipated that a new project will be developed and applied for during the call for projects in February
2022. This project has been budgeted for as a Capital Improvement Project for FY 2022.
SUGGESTED MOTION:
I move to APPROVE Resolution No. (R)21-49, authorizing and approving an Agreement for Public Art Funding
between the Town of Oro Valley and the Pima Association of Governments for a Summer Youth Transportation Art
program.
OR
I move to…
Attachments
(R)21-49 Resolution Transportation Art Program
PAG Public Art Funding Agreement
C:\Windows\TEMP\BCL Technologies \easyPDF 7 \@BCL@B40D576D\@BCL@B40D576D.docx
RESOLUTION NO. (R )21-49
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE
TOWN OF ORO VALLEY, ARIZONA, AUTHORIZING AND
APPROVING AN AGREEMENT FOR PUBLIC ART FUNDING
BETWEEN THE TOWN OF ORO VALLEY AND THE PIMA
ASSOCIATION OF GOVERMENTS FOR A SUMMER YOUTH
TRANSPORTATION ART PROGRAM ; AND DIRECTING THE
TOWN MANAGER, TOWN CLERK, TOWN LEGAL SERVICES
DIRECTOR, OR THEIR DULY AUTHORIZED OFFICERS AND
AGENTS TO TAKE ALL STEPS NECESSARY TO CARRY OUT
THE PURPOSES AND INTENT OF THIS RESOLUTION
WHEREAS, the Pima Association of Governments (“PAG”) has set aside Highway User
Revenue Funds for public transportation art projects as part of the youth transportation art
program; and
WHEREAS, the Town of Oro Valley (the “Town”) desires to have a summer youth
transportation art program to provide youths with training and experience in public art ; and
WHEREAS, it is in the best interest of the Town to enter into the agreement with PAG,
attached hereto as Exhibit “A”, in order to set forth the terms and conditions for funding
the youth transportation art program.
NOW, THEREFORE BE IT RESOLVED by the Mayor and Council of the Town of
Oro Valley, that:
SECTION 1. The Agreement between the Town and PAG, attached hereto
as Exhibit “A”, setting forth the terms and conditions for funding the youth
transportation art program is hereby authorized and approved.
SECTION 2. The Town Manager, Town Clerk, Town Legal Services
Director, or their duly authorized officers and agents are hereby authorized
and directed to take all steps necessary to carry out the purposes and intent
of this resolution.
SECTION 3. All Oro Valley resolutions or motions and parts of resolutions
or motions of the Council in conflict with the provision of this Resolution
are hereby repealed.
SECTION 4. If any section, subsection, sentence, clause, phrase or portion
of this Resolution or the Agreement, attached hereto as Exhibit “A”, is for
any reason held to be invalid or unconstitutional by the decision of any court
C:\Windows\TEMP\BCL Technologies \easyPDF 7 \@BCL@B40D576D\@BCL@B40D576D.docx
of competent jurisdiction, such decision shall not affect the validity of the
remaining portions thereof.
PASSED AND ADOPTED by the Mayor and Council of the Town of Oro Valley,
Arizona, this 17th day of November 2021.
TOWN OF ORO VALLEY
____________________________________
Joseph C. Winfield, Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ____________________________________
Michael Standish, Town Clerk Tobin Sidles, Legal Services Director
_____________________________ ____________________________________
Date Date
C:\Windows\TEMP\BCL Technologies \easyPDF 7 \@BCL@B40D576D\@BCL@B40D576D.docx
EXHIBIT “A”
Page 1 of 7
AGREEMENT FOR PUBLIC ART FUNDING
THIS AGREEMENT (hereafter referred to as the “AGREEMENT”) is entered into by
and between the Town of Oro Valley, a political subdivision of the State of Arizona,
hereinafter called “Jurisdiction,” and the Pima Association of Governments, an Arizona
non-profit corporation, hereinafter called "PAG.”
RECITALS
WHEREAS, Jurisdiction intends to administer a Transportation Art by Youth
(TABY) Program (Program) to provide youth with employment, training and
experience in creating forms of public art; and
WHEREAS, PAG intends to contribute Highway User Revenue Funds
(HURF) to Jurisdiction’s Program (the “Program”) commencing with the
summer of 2020 and continuing each calendar year thereafter throughout the
term of this AGREEMENT.
NOW, THEREFORE, the Parties agree as follows:
ARTICLE I
TERM AND MAXIMUM AMOUNT:
The term of this AGREEMENT begins on the date of signature by the PAG Executive
Director and terminates on December 31, 2024, unless sooner terminated, or unless further
extended, pursuant to the provisions of Article V of this AGREEMENT. In the fall of each
calendar year, PAG will solicit participation in the Program by notifying all of the
participating jurisdictions of the amount of HURF funds available for the next calendar year.
Jurisdiction shall not undertake any PAG funded work on the Program until PAG issues a
Notice To Proceed (NTP) to Jurisdiction.
The Parties acknowledge that, upon completion and acceptance of the work undertaken
during each year of the Program, Jurisdiction may respond to PAG's solicitation by applying to
continue Program participation during the succeeding year in accordance with PAG's TABY
Program Policies in effect at the time of application. Annual preliminary approval and
determination of eligibility of Jurisdiction’s proposed project(s) submitted under this Program
shall rest with PAG. Final approval of Jurisdiction’s proposed project(s) rests with the
Arizona Department of Transportation (ADOT). Upon final approval from ADOT, PAG will
promptly issue an NTP.
Page 2 of 7
The maximum contribution to Jurisdiction by PAG under this AGREEMENT is limited
to $125,000.00. If the Jurisdiction has remaining funds from a previous PAG Program
contract, it may but need not incorporate the balance of such funds into this AGREEMENT.
ARTICLE II
PURPOSE AND WORK STATEMENT:
Jurisdiction will submit each project for review the first quarter of each calendar year
to the PAG's Transportation Planning Committee (TPC) .
ARTICLE III
Jurisdiction’s Duties:
Jurisdiction shall provide the following services:
•Administer the project as recommended for approval by the TPC each year.
•Provide written certification that Project(s) will be constructed in the location and
design as approved by TPC.
•Recruit youth from economically disadvantaged areas.
•Consult with all stakeholders and other interested parties in determining the precise
nature and location of the completed project.
•Provide for review and approval of the completed project by key stakeholders and
decision-makers.
•Assume all risk and responsibilities for the project, including cost and quality control
measures for design and construction, and ownership and maintenance of the final
project.
•Submit a final report to PAG detailing the results of the program for the subject
calendar year.
•Submit confirming, complete and accurate invoices for reimbursement of
expenditures incurred under this Program; such invoices shall be submitted to PAG
monthly. Final invoice to be submitted within ninety (90) calendar days upon
completion of the project. Invoices submitted later than ninety (90) days following
project completion will not be paid, unless PAG determines that extenuating
circumstances prevail.
Page 3 of 7
•Applications should include a budget breakdown that provides a separate line item for
youth stipends. Note: PAG targets a minimum of 20% for youth stipends.
•Final invoice shall include a color photograph of the completed youth art project and
a map illustrating approved Project’s location.
•Each project should include a plaque on the completed Youth Art Project indicating
funding support contributed by Pima Association of Governments. (PAG will provide
plaques upon request.)
•Ensure that the Project is accomplished in accordance with all applicable
requirements of any federal, state, county or local ordinances, statutes, charters,
codes, rules, regulations, or any other governmental requirements, including, but not
limited to, the rules and regulations of the Arizona Department of Transportation.
Nothing in this Agreement shall be construed in violation of the rules, regulations or
requirements of the Arizona Department of Transportation.
ARTICLE IV
PAYMENT:
A. Total payment for each year of this AGREEMENT shall be set by PAG.
Jurisdictions may elect to augment funds provided by PAG with additional
approved funds at the sole discretion of Jurisdiction.
B. PAG shall reimburse Jurisdiction within thirty (30) days of receipt of acceptable,
properly completed invoices detailing project progress and expenditures.
ARTICLE V
TERMINATION / EXTENSION FOR CONVENIENCE:
Either party may, at any time and without cause, cancel this AGREEMENT by serving
upon the other party thirty (30) days advance written notice of such intent to cancel. In the
event of such cancellation, PAG's only obligation to Jurisdiction shall be payment for services
rendered prior to cancellation. If mutually agreed by PAG and Jurisdiction, the term and
maximum amount of this AGREEMENT may be modified by written agreement signed by both
Parties.
ARTICLE VI
Page 4 of 7
CONFLICT OF INTEREST:
This AGREEMENT is subject to the provisions of A.R.S. 38-511 which provides as
follows: "The State, its political subdivisions or any department of either may, within three
years after its execution, cancel any contract, without penalty or further obligation, made by the
State, its political subdivisions, or any of the departments or agencies of either if any person
significantly involved in initiating, negotiating, securing, drafting or creating the contract on
behalf of the State, its political subdivisions or any of the departments or agencies of either is, at
any time, while the contract or any extension of the contract is in effect, an employee or agent
of any other party to the contract in any capacity or a consultant to any other party to the
contract with respect to the subject matter of the contract."
ARTICLE VII
ASSIGNABILITY:
Jurisdiction shall not assign any interest in this AGREEMENT and shall not transfer
any interest in the same without prior written consent of PAG thereto; provided, however, that
claims for money due or to become due to Jurisdiction from PAG under this AGREEMENT
may be assigned to a bank, trust company, or other financial institution without such approval.
Notice of any such assignment or transfer shall be furnished promptly to PAG.
ARTICLE VIII
OFFICIALS NOT TO BENEFIT:
No elected members or officers, nor any commissioners, nor any employees of the
parties, nor their families, shall be admitted to any share or part of the AGREEMENT or to any
benefit to arise here from.
ARTICLE IX
NONDISCRIMINATION:
Neither Party shall discriminate against any employee or client of either Party or any
other individual in any way because of that person’s age, race, creed, color, religion, sex,
genetic information, disability, familial status, political affiliation or national origin in the
course of carrying out the duties pursuant to this Agreement. Both Parties shall comply with
applicable provisions of Executive Order 75-5, as amended by Executive Order 2009-09 of
the Governor of Arizona, which are incorporated into this Agreement by reference as if set
forth in full herein, as well as the Genetic Information Nondiscrimination Act of 2008.
Page 5 of 7
ARTICLE X
AMERICANS WITH DISABILITIES ACT:
Both Parties shall comply with applicable provisions of the Americans with Disabilities
Act (Public Law 101-336, 42 U.S.C. 12101-12213) and all applicable federal regulations
under the Act, including 28 CFR Parts 35 and 36.
ARTICLE XI
NON – WAIVER:
The failure of either party to insist in any one or more instances upon the full and
complete compliance with any of the terms and provisions of this AGREEMENT, to take any
action permitted as a result thereof, shall not be construed as a waiver or relinquishment of the
right to insist upon full and complete performance of the same or any other covenant or
condition either in the past or in the future.
ARTICLE XII
INDEMNIFICATION:
To the fullest extent permitted by law, each party (as “Indemnitor”) agrees to indemnify,
defend and hold harmless the other party, its officers, officials, employees, agents, volunteers,
successors, and assigns (as “Indemnitees”) from and against any and all claims, losses, liability,
costs or expenses (including reasonable attorney fees), hereinafter collectively referred to as
“claims,” arising out of bodily injury to any person (including death) or property damage, but
only to the extent that such claims which result in liability to the Indemnitees, are caused by the
act, omission, negligence, misconduct, or other fault of the Indemnitor, its officers, officials,
agents, employees, or volunteers, successor, or assigns, provided, however, that the Indemnitor
shall have no obligation to indemnify the Indemnitee for the Indemnitee's passive negligence.
ARTICLE XIII
SEVERABILITY:
Each provision of this AGREEMENT stands alone, and any provision of this
AGREEMENT found to be prohibited by law shall be ineffective to the extent of such
prohibition without invalidating the remainder of this AGREEMENT.
ARTICLE XIV
Page 6 of 7
Funding for this AGREEMENT is being provided by the Arizona Department of
Transportation. PAG has no funds of its own to pay for the work being done under this
AGREEMENT, and therefore is not obligated to pay Jurisdiction until PAG receives funding
from the ADOT. Costs incurred by Jurisdiction as the result of any changes by PAG and/or by
Jurisdiction outside the general Scope of this AGREEMENT will not be allowed for
reimbursement under this AGREEMENT unless these changes and related costs have been
approved by PAG in writing prior to incurring the costs.
ARTICLE XV
If Jurisdiction is self-insured as a governmental entity, the Parties acknowledge that
Jurisdiction’s program of self-insurance meets the following minimum requirements of this
AGREEMENT. Otherwise, Jurisdiction shall obtain insurance as described below and keep
such coverage in force throughout the life of the AGREEMENT. All policies must contain an
endorsement providing that written notice be given to PAG at least ten (10) calendar days
prior to termination or cancellation in coverage in any policy. Except for professional liability
insurance, the liability insurance policy(s) shall include PAG as an additional insured with
respect to liability arising out of the Contract. Jurisdiction must agree that the insurance will
be primary, and that any insurance carried by PAG will be excess and non-contributing.
Coverage Afforded
Coverage Afforded Limits of Liability
Workers’ Compensation/
Employees Liability
Statutory/$100,000
Professional Liability
(Errors and Omissions)
$500,000
General Liability $1,000,000
ARTICLE XVI
ENTIRE AGREEMENT:
This AGREEMENT constitutes the entire AGREEMENT between the parties and shall
not be modified, altered, amended, or changed except by mutual consent as indicated by
Page 7 of 7
signatures of the PAG Executive Director and authorized officials of Jurisdiction.
IN WITNESS WHEREOF, the parties hereto have executed this Contract as of the date signed
by the PAG Executive Director.
Date:____________________
Date:____________________
TOWN OF ORO VALLEY, ARIZONA
__________________________
Joseph C. Winfield, Mayor
ATTEST:
__________________________
Michael Standish, Town Clerk
APPROVED AS TO FORM:
__________________________
Tobin Sidles, Legal Services Director
PIMA ASSOCIATION OF GOVERNMENTS
______________________________
Farhad Moghimi
EXECUTIVE DIRECTOR,
and not personally.
APPROVED AS TO FORM:
______________________________ Thomas
Benavidez
PAG Legal Counsel
Date: _____________________
Town Council Regular Session D.
Meeting Date:11/17/2021
Requested by: John Spiker Submitted By:John Spiker, Public Works
Department:Public Works
SUBJECT:
Authorizing and approving maintenance easements along the public trail easement located within the Logan's
Crossing subdivision.
1. Resolution No. (R)21-52, a maintenance easement between the Town of Oro Valley and Tomas and Julieta
Friedmann for a portion of parcel 224-38-6490 for the public trail easement located on this parcel
2. Resolution No. (R)21-53, a maintenance easement between the Town of Oro Valley and Paul and Amy Gomez
for a portion of parcel 224-38-6480 for the public trail easement located on this parcel
3. Resolution No. (R)21-54, a maintenance easement between the Town of Oro Valley and Joaquin and Laura
Valenzuela for a portion of parcel 224-38-6550 for the public trail easement located on this parcel
4. Resolution No. (R)21-55, a maintenance easement between the Town of Oro Valley and Steven and Kimberly
Zavatsky for a portion of parcel 224-38-6540 for the public trail easement located on this parcel
RECOMMENDATION:
Staff recommends approval
EXECUTIVE SUMMARY:
Based on observations, this past June the Town completed a project that provided minor augmentation to the
previously constructed gabions and riprap. Completion of this most recent project did not require alteration of the
previous (i.e., 2017) project limits.
In order for the Town to maintain the constructed erosion and sediment deposition mitigation elements within the
Logan's Crossing subdivision, a maintenance easement, replacing the temporary construction easement, is
required.
BACKGROUND OR DETAILED INFORMATION:
Subsequent to extensive rainfall and runoff that occurred in September 2014, the Town’s Engineer, Paul Keesler,
conducted several meetings with representatives of the Logan's Crossing Homeowners Association and various
residents to discuss erosion and sediment deposition issues along the Town’s equestrian trail that affected adjacent
properties on W. Saddlehorn Place.
The outcome of these meetings was the construction, in 2017, of measures to mitigate the erosion or sediment
deposition impact to the affected properties on W. Saddlehorn Place.
Measures consisted of installation of gabions, (i.e., 3-foot wide by 3-foot high by 6-foot-long wire containers filled
with rock) as well as loose rock riprap, to mitigate erosion and/or deposition of sediment. As Mr. Keesler advised at
the time, to maintain the 10-foot width of the Town's equestrian trail the gabions would need to be constructed
outside the trail boundary.
Once constructed, to ensure the gabion and riprap installation(s) were functioning appropriately and further
Once constructed, to ensure the gabion and riprap installation(s) were functioning appropriately and further
modifications would not be necessary, the Town opted to observe their performance for a period of time. Below
average rainfall in the intervening seasons caused this observation period to extend longer than anticipated.
Based on observations, this past June the Town completed a project that provided minor augmentation to the
previously constructed gabions and riprap. Completion of this most recent project did not require alteration of the
previous (i.e., 2017) project limits.
FISCAL IMPACT:
N/A
SUGGESTED MOTION:
I MOVE to approve
Resolution (R)21-52, authorizing and approving a Maintenance Easement between the Town and Tomas and
Julieta Friedmann
Resolution (R)21-53, authorizing and approving a Maintenance Easement between the Town and Paul and
Amy Gomez
Resolution (R)21-54, authorizing and approving a Maintenance Easement between the Town and Joaquin
and Laura Valenzuela
Resolution (R)21-55, authorizing and approving a Maintenance Agreement between the Town and Steven
and Kimberly Zavatsky
Attachments
(R)21-52 Friedmann Resolution
Friedmann Legal
(R)21-53 Gomez Resolution
Gomez Legal
(R)21-54 Valenzuela Resolution
Valenzuela Legal
(R)21-55 Zavatsky Resolution
Zavatsky Legal
Easement Overview
RESOLUTION NO. (R)21-52
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE
TOWN OF ORO VALLEY, ARIZONA, AUTHORIZING AND
APPROVING A MAINTENANCE EASEMENT BETWEEN THE
TOWN OF ORO VALLEY AND TOMAS AND JULIETA
FRIEDMANN FOR A PORTION OF PARCEL 224 -38-6490 FOR
THE PUBLIC TRAIL EASEMENT LOCATED ON THIS PARCEL
WHEREAS, the Town of Oro Valley is a political subdivision of the State of Arizona
vested with all associated rights, privileges and benefits and is entitled to the immunities
and exemptions granted municipalities and political subdivisions under the Constitution
and laws of the State of Arizona and the United States ; and
WHEREAS, Tomas and Julieta Friedmann (“Owner”) own real property located at 1084
W. Saddlehorn Place, Oro Valley, Arizona 85704, Parcel Numb er 224-38-6490; and
WHEREAS, the Town requires a maintenance easement outside of the public trial
easement parcel 224-38-671B on Owner’s property; and
WHEREAS, it is in the best interest of the Town to approve and authorize the
maintenance easement attached hereto as Exhibit “A” to allow the Town to perform
maintenance of the public trail easement
NOW, THEREFORE BE IT RESOLVED by the Mayor and Council of the Town of
Oro Valley that:
SECTION 1. the Maintenance Easement between the Town of Oro Valley
and Tomas and Julieta Friedmann, attached hereto as Exhibit "A"
incorporated herein by this reference, is hereby authorized and approved.
SECTION 2. If any section, subsection, sentence, clause, phrase or
portion of this Resolution, or the Maintenance Easement attached hereto
as Exhibit “A”, is for any reason held to be invalid or unconstitutional by
the decision of any court of competent jurisdiction, such decision shall not
affect the validit y of the remaining portions thereof.
SECTION 3. All Oro Valley Resolutions, or Motions and parts of
Resolutions or Motions of the Council in conflict with the provisions of
this Resolution are hereby repealed.
PASSED AND ADOPTED by the Mayor and Council of the Town of Oro Valley,
Arizona, this 17th day of November, 2021.
TOWN OF ORO VALLEY
Joseph C. Winfield, Mayor
ATTEST: APPROVED AS TO FOR M:
Michael Standish, Town Clerk Tobin Sidles, Legal Services Director
Date: Date:
EXHIBIT “A”
MAINTENANCE EASEMENT
FRIEDMANN, Thomas & Julieta ("Grantor"), does hereby convey to The Town of Oro Valley
a political subdivision of the State of Arizona ("Town"), a perpetual non-exclusive easement for
the construction and maintenance of trail improvements along, upon, over, under and across the
property described on the attached Exhibit A and depicted on the attached Exhibit B (the
Property).
Town shall have the right to construct, maintain, repair and replace improvements within the
Property and to enter upon the Property for the purpose of maintaining the easement and any of its
improvements located thereon. This may include the alteration of the grade and gradient of
Grantor's property, including the dislocation and removal of soil and other materials, or the
addition of fill materials; the installation, maintenance and replacement of any improvements,
structures, landscaping, or stabilizing systems related thereto; and the flow or retention of water.
Grantor agrees that no buildings, structures, fences or other trees or vegetation shall be placed
along, upon, over or under, or across the Property and that the natural contours of the Property
shall not be excavated, filled or altered without the prior written approval of the Public Works
Director of the Town of Oro Valley.
Town hereby indemnifies and agrees to hold Grantor harmless from and against any and all loss,
cost, or expense (including attorney's fees and expenses) resulting from any entry or use of the
easement area by Town, or an employee, agent, principal or contractor of Town.
All grants, covenants and conditions of this easement shall inure to the benefit of and be binding
upon the successors in interest to Town and Grantor. (Intentionally left blank)
STATE OF ARIZONA )
COUNTY OF PIMA )
GRANTOR
This instrument was acknowledged before me, the undersigned authority, on this 'bt'-
day of �oW. 20 ZJ .by of Oro
Arizona corporati
Notary
My Commission Expires: __ '2.,...=.;/--'t:f>'-"'=/-:::2,.=0:....:2.I-=---' __
:ti--IN WITNESS WHEREOF, Grantorhas executed this easement this�dayof /JJ �ob�
20 -i.,\
ST ATE OF ARIZONA ) ) ss.
COUNTY OF PIMA )
GRANTOR
,..
Name:-�-�----.-----
C, r� .... Lo..,.. Title: ___________ _ This instrument was acknowledged before me, the undersigned authority, on this�
day ofQC-hber': 20.u., by fu.ro...h (;9� of lat.QV\ a£ Oro tb.ll,, an
Arizona corporation.
Notary
My Commission Expires: V?/$/'20?,,.l.J.
EXHIBIT "A"
EXHIBIT A
LEGAL DESCRIPTION
MAINTENANCE EASEMENT
COMMENCING
THENCE 11
POINT OF BEGINNING,
THENCE N 11
THENCE 1 1
THENCE
THENCE
POINT OF BEGINNING.
T:\7TOV170101\SURVEY\LEGALS\Saddle Valley 11\Lot 33.rtf Page 1 of 1
EXHIBIT '"B"
LINE L1
L2
L3
L4
LS
MONUMENTS
BEARING DISTANCE N 25"34'45" W 15.00'
N 25"34 45" W 73.98'
N 64"25 15" E 6.00'
S 25·34'45" E 73.98
S 64°25'51" W 6.00'
A.P.N. 224-38-6490 FRIEDMANN, TOMAS & JULIET A SEQ. N0.20110340845 BK. 44, M&P, PG. 38
MAINTENANCE EASEMENT 444± SQ FT.
GABION BASKETS
15' A.U. & P.R.E.
BK. 44, M&P, PG. 38
-u r.
55 2"BRASS CAP SURVEY MONUMENT STAMPED "RLS 12122"
2"BRASS CAP SURVEY MONUMENT STAMPED "RLS 12122"
59 1 /2" REBAR, TAGGED "RLS 12122"
REBAR, TAGGED "RLS SCALE: 1" 40'
A.U. & P.R.E. = ACCESS, UTILITY & PED. REFUGE EASEMENT 0 40 80
RESOLUTION NO. (R)21-53
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE
TOWN OF ORO VALLEY, ARIZONA, AUTHORIZING AND
APPROVING A MAINTENANCE EASEMENT BETWEEN THE
TOWN OF ORO VALLEY AND PAUL AND AMY GOMEZ FOR A
PORTION OF PARCEL 224-38-6480 FOR THE PUBLIC TR AIL
EASEMENT LOCATED ON THIS PARCEL
WHEREAS, the Town of Oro Valley is a political subdivision of the State of Arizona
vested with all associated rights, privileges and benefits and is entitled to the immunities
and exemptions granted municipalities and political subdivisions under the Constitution
and laws of the State of Arizona and the United States ; and
WHEREAS, Paul and Amy Gomez (“Owner”) own real property located at 1104 W.
Saddlehorn Place, Oro Valley, Arizona 85704, Parcel Number 224 -38-6480; and
WHEREAS, the Town requires a maintenance easement outside of the public trial
easement parcel 224-38-671B on Owner’s property; and
WHEREAS, it is in the best interest of the Town to approve and authorize the
maintenance easement attached hereto as Exhibit “A” to allow the Town to perform
maintenance of the public trail easement
NOW, THEREFORE BE IT RESOLVED by the Mayor and Council of the Town of
Oro Valley that:
SECTION 1. the Maintenance Easement between the Town of Oro Valley
and Paul and Amy Gomez, attached hereto as Exhibit "A" incorporated
herein by this reference, is hereby authorized and approved.
SECTION 2. If any section, subsection, sentence, clause, phrase or
portion of this Resolution, or the Maintenance Easement attached hereto
as Exhibit “A”, is for any reason held to be invalid or unconstitutional by
the decision of any court of competent jurisdiction, such decision shall not
affect the validit y of the remaining portions thereof.
SECTION 3. All Oro Valley Resolutions, or Motions and pa rts of
Resolutions or Motions of the Council in conflict with the provisions of
this Resolution are hereby repealed.
PASSED AND ADOPTED by the Mayor and Council of the Town of Oro Valley,
Arizona, this 17th day of November, 2021.
TOWN OF ORO VALLEY
Joseph C. Winfield, Mayor
ATTEST: APPROVED AS TO FOR M:
Michael Standish, Town Clerk Tobin Sidles, Legal Services Director
Date: Date:
EXHIBIT “A”
MAINTENANCE EASEMENT GOMEZ, Paul & Amy , ("Grantor"), does hereby convey to The Town of Oro Valley a political subdivision of the State of Arizona ("Town"), a perpetual non-exclusive easement for the construction and maintenance of trail improvements along, upon, over, under and across the property described on the attached Exhibit A and depicted on the attached Exhibit B (the Property). Town shall have the right to construct, maintain, repair and replace improvements within the Property and to enter upon the Property for the purpose of maintaining the easement and any of its improvements located thereon. This may include the alteration of the grade and gradient of Grantor's property, including the dislocation and removal of soil and other materials, or the addition of fill materials; the installation, maintenance and replacement of any improvements, structures, landscaping, or stabilizing systems related thereto; and the flow or retention of water. Grantor agrees that no buildings, structures, fences or other trees or vegetation shatl be placed along, upon, over or under, or across the Property and that the natural contours of the Property shall not be excavated, filled or altered without the prior written approval of the Public Works Director of the Town of Oro Valley. Town hereby indemnifies and agrees to hold Grantor harmless from and against any and all loss, cost, or expense (including attorney's fees and expenses) resulting from any entry or use of the easement area by Town, or an employee, agent, principal or contractor of Town. All grants, covenants and conditions of this easement shall inure to the benefit of and be binding upon the successors in interest to Town and Grantor. (Intentionally left blank)
IN WITNESS WHEREOF, Grantor has executed this easement this '7 �yof ��20d:.i...STATE OF ARIZONA
COUNTY OF PIMA
ss.
GRANTOR
This instrument was acknowledged before me, the undersigned authority, on this .:J.._'f-1-.
day of CX:i:c/of C20.2L, by 'ct:\Jeo.b C. o">C of Tq(& ?b Orf Ora \/qj� an
Arizonac
lbii�
My Commission Expires: :2 /'2.£:, frLGZLj
Notary
LINE TABLE
LINE# DIRECTION
:I <
LOT 32
A.P.N. 224-38-6480 GOMEZ, PAUL & AMY � SEQUENCE NO. 20132420104
BK. 44, M&P, PG. 38
MAINTENANCE
EASEMENT
2,424± SQ. FT.
LOT 33
5' A.U. & P.R.E.
BK. 44, M&P,
PG. 38 IP RAP )
L1
L2
L3
L4 LS
L6
L7
N25. 34' 54"W
554· 25' 51"W
s25• 34' 54"E
S15• 31' 03"W
S64" 25' 51"W
s25· 34' 09"E
N64. 25' 51"E
/ /
56
1 �¥ 15' A.U. & P.R.E. tllffi�iii' �t. :,f6BK. 44, M&P, PG. 38
/
� /
/
/
�\:'. / / EQUESTRIAN TRAI
/ BK. 44, M&P,
/ -u PG. 38
/ ff MONUMENTS \;I 55 2"BRASS CAP SURVEY MONUMENT STAMPED "RLS 12122" � 56 2"BRASS CAP SURVEY MONUMENT STAMPED "RLS 12122" lE "" 60 1/2" REBAR, TAGGED "RLS 12122"
/ �
LENGTH
108.00
6.00
64.62
37.66
70.24
15.00
101.00
l 62 1/2" REBAR, TAGGED "RLS 27739
�
SCALE: 1" -40' � A.U.& P.R.E. = ACCESS, UTILITY & PED. REFUGE EASEMENT� P.O.B. = POINT OF BEGINNING
I B.O.B. = BASIS OF BEARING
-1 _l-•1--'-•i0 40 80
� EV
> i5
� IYDEO'
EXHIBITB (MAINTENANCE EASEMENT) A PORTION OF LOT 32 OF SADDLE VALLEY II AS RECORDED IN BK. 44 M&P, PG. 38, RECORDS OF PIMA COUNTY, AZ., LOCATED IN THE SW 1/4 OF SECTION 14, T-12-S, R-13-E, GILA & SALT RIVER MERIDIAN, PIMA COUNTY, ARIZONA DATE: SEPTEMBER, 2021 ..:...._ ______________________________________.
RESOLUTION NO. (R)21-54
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE
TOWN OF ORO VALLEY, ARIZONA, AUTHORIZING AND
APPROVING A MAINTENANCE EASEMENT BETWEEN THE
TOWN OF ORO VALLEY AND JOAQUIN AND LAURA
VALENZUELA FOR A PORTION OF PARCEL 224 -38-6550 FOR
THE PUBLIC TRAIL EASEMENT LOCATED ON THIS PARCEL
WHEREAS, the Town of Oro Valley is a political subdivision of the State of Arizona
vested with all associated rights, privileges and benefits and is entitled to the immunities
and exemptions granted municipalities and political subdivisions under the Constitution
and laws of the State of Arizona and the United States ; and
WHEREAS, Joaquin and Laura Valenzuela (“Owner”) own real property located at 1081
W. Saddlehorn Place, Oro Valley, Arizona 85704, Parcel Number 224-38-6550; and
WHEREAS, the Town requires a maintenance easement outside of the public trial
easement parcel 224-38-671A on Owner’s property; and
WHEREAS, it is in the best interest of the Town to approve and authorize the
maintenance easement attached hereto as Exhibit “A” to allow the Town to perform
maintenance of the public trail easement
NOW, THEREFORE BE IT RESOLVED by the Mayor and Council of the Town of
Oro Valley that:
SECTION 1. the Maintenance Easement between the Town of Oro Valley
and Joaquin and Laura Valenzuela, attached hereto as Exhibit "A"
incorporated herein by this reference, is hereby authorized and approved.
SECTION 2. If any section, subsection, sentence, clause, phrase or
portion of this Resolution, or the Maintenance Easement attached hereto
as Exhibit “A”, is for any reason held to be invalid or unconstitutional by
the decision of any court of competent jurisdiction, such decision shall not
affect the validit y of the remaining portions thereof.
SECTION 3. All Oro Valley Resolutions, or Motions and parts of
Resolutions or Motions of the Council in conflict with the provisions of
this Resolution are hereby repealed.
PASSED AND ADOPTED by the Mayor and Council of the Town of Oro Valley,
Arizona, this 17th day of November, 2021.
TOWN OF ORO VALLEY
Joseph C. Winfield, Mayor
ATTEST: APPROVED AS TO FOR M:
Michael Standish, Town Clerk Tobin Sidles, Legal Services Director
Date: Date:
EXHIBIT “A”
MAINTENANCE EASEMENT VALENZUELA, Joaquin & Laura ("Grantor"), does hereby convey to The Town of Oro Valley a political subdivision of the State of Arizona ("Town"), a perpetual non-exclusive easement for the construction and maintenance of trail improvements along, upon, over, under and across the property described on the attached Exhibit A and depicted on the attached Exhibit B (the Property). Town shall have the right to construct, maintain, repair and replace improvements within the Property and to enter upon the Property for the purpose of maintaining the easement and any of its improvements located thereon. This may include the alteration of the grade and gradient of Grantor's property, including the dislocation and removal of soil and other materials, or the addition of fill materials; the installation, maintenance and replacement of any improvements, structures, landscaping, or stabilizing systems related thereto; and the flow or retention of water. Grantor agrees that no buildings, structures, fences or other trees or vegetation shall be placed along, upon, over or under, or across the Property and that the natural contours of the Property shall not be excavated, filled or altered without the prior written approval of the Public Works Director of the Town of Oro Valley. Town hereby indemnifies and agrees to hold Grantor harmless from and against any and all loss, cost, or expense (including attorney's fees and expenses) resulting from any entry or use of the easement area by Town, or an employee, agent, principal or contractor of Town. All grants, covenants and conditions of this easement shall inure to the benefit of and be binding upon the successors in interest to Town and Grantor. (Intentionally left blank)
[N WITNESS WHEREOF, Grantor has executed this easement this z. day of N ov'2.r\kef
20-,.\.
STATE OF ARIZONA
COUNTY OF PIMA
ss.
GRANTOR
This instrument was acknowledged before me, the undersigned authority, on this z"d.
day of� 20'2.-I , by fuk'.31b Cox of -rcwn of <xo \J� an
Arizona corporation. Pl!ltl'8111ea.�Sarah-�eo.---.
� Pubic. Arizona
�,;:::: e80412T�r--L"W M Comm. Ex . �2024
Notary
My Commission Expires: --=-2_,_/--="2.=-5'-l/'--2 ......... o ..... 2_l/ ___ _
EXHIBIT "A"
June 30, 2018
Psomas #7TOV180201 EXHIBIT A
LEGAL DESCRIPTION
MAINTENANCE EASEMENT
Portions of Lot 39 of Saddle Valley II as recorded in Book 44 of Maps & Plats at Page
38, records of Pima County, Arizona, located in the southwest one-quarter of Section
14, Township 12 South, Range 13 East, Gila & Salt River Meridian, Pima County,
Arizona, described as follows:
PARCEL 1
COMMENCING at the most northerly corner of said Lot 39, monumented by a 60d Nail
tagged "RLS 27739" from which an angle point in the northeasterly line of said Lot 39,
monumented by a ½" rebar, tagged "RLS 27739", bears South 25°32'34" East (basis of
bearing for this legal description) a distance of 113.65 feet;
THENCE upon said northeasterly line, South 25°32'34" East a distance of 103.74 feet to
the POINT OF BEGINNING; .THENCE continue upon said northeasterly line, South 25°32'34" East a distance of 9.91
feet to said ½" rebar, tagged "RLS 27739";
THENCE continue upon said northeasterly line, South 47 °22'05" East a distance of
74.84 feet;
THENCE South 10°42'37" West a distance of 3.64 feet;
THENCE North 80°10'03" West a distance of 8.25 feet;
THENCE North 12°04'23" East a distance of 5.50 feet;
THENCE parallel with and 2.82 feet southwesterly of said northeasterly line of Lot 39,
North 47 °221 05" West a distance of 67.41 feet;
THENCE North 25 °32'3411 West a distance of 10.60 feet;
THENCE North 64°27'26" East a distance of 2.76 feet to the POINT OF BEGINNING.
Parcel 1 containing an area of 267 square feet, more or less.
TOGETHER WITH:
PARCEL 2
COMMENCING at the most northerly corner of said lot 39, monumented by a 60d Nail
tagged "RLS 27739" from which an angle point in the northeasterly line of said Lot 39,
monumented by a½" rebar, tagged "RLS 27739", bears South 25 °32'34" East (basis of
bearing for this legal description) a distance of 113.65 feet;
T:\7TOV170101\SURVEY\LEGALS\Saddle Valley 11\Lot 39(1).rtf Page 1 of2
THENCE upon said northeasterly line, South 25 °32'3411 East a distance of 113.65 feet;
THENCE continue upon said northeasterly line, South 47 °22 10511 East a distance of
111.16 feet to a½" rebar, tagged "RLS 12122";
THENCE continue upon said northeasterly line, South 26 °12'31" East a distance of
43.87 feet to the POINT OF BEGINNING;
THENCE continue upon said northeasterly line, South 26°12'3111 East a distance of
36.22 feet to a ½" rebar, tagged "RLS 27739";
THENCE continue upon said northeasterly line, South 47 °39'00" East a distance of
41 .73 feet;
THENCE South 03 °47'0911 East a distance of 7.34 feet;
THENCE South 73"23'22" West a distance of 7 .43 feet;
THENCE North 03°03'0211 West a distance of 7.05 feet;
THENCE parallel with and 6.50 feet southwesterly of said northeasterly line of Lot 39,
North 47°39'00" West a distance of 39.40 feet;
THENCE continue parallel with and 6.50 feet southwe sterly of said northeasterly line,
North 26 °12'31" West a distance of 27.15 feet;
THENCE North 63°46'1211 West a distance of 5.74 feet;
THENCE North 26°12'3111 West a distance of 5.75 feet;
THENCE North 63°47'2911 East a distance of 10.00 feet to the POINT OF BEGINNING.
Parcel 2 containing an area of 583 square feet, more or less.
See Exhibits B-1 and 8-2 attached
hereto and made a part hereof.
Prepared By:
Psomas
T:\7TOV170101\SURVEY\LEGALS\Saddle Valley 11\lot 39(1).rtf
Ernest Gomez, AZ. R.L.S. 27739
Page 2 of2
0
LOT 37
LINE L1
L2
L3
L4
L5
L6 i L7LB
L9
BEARING S 25" 32 34" E S 25· 32' 34" E
S 47"22'05" E
S 10·42 37'' W
N 80" 10'03" W
N 12"04'23" E
N 47'22 05" W
N 25"32'34" W
N 64"27'26" E
"U r.
DISTANCE 103.74'
9.9 1'
74.84'
3.64'
8.25'
5.50'
67.4 1'
10.60
2.7 6
PARCEL 1
MAINTENANCE
EASEMENT
267± SQ FT.
LOT 39
A.P.N. 224-38-6550
ENZUELA, JOAQUIN & LAURA
SEQUENCE NO. 20152180031 VAL
BK. 44 M&P, PG. 38
MONUMENTS !55 2''BRASS CAP SURVEY MONUMENT STAMPED "RLS 12122"
,!_� 56 211BRASS CAP SURVEY MONUMENT STAMPED "RLS 12122"
'a," 64 60D NAIL TAGGED "RLS 27739"
.., 65 1/2'' REBAR, TAGGED "RLS 12122" ¾ 66 1 /2" REBAR, TAGGED "RLS 12122"
A.U. & P.R.E. = ACCESS, UTILITY & PED. REFUGE EASEMENT
PARCEL 2
SEE EXHIBIT B-2
I e = 1 /2" REBAR, TAGGED "RLS 27739" EXHIBIT B-1
(MAINTENANCE EASEMENT)
GABION
BASKETS
LOT 38
i p s O M A s A PORTION OF LOT 39 OF SADDLE VAL LEY II AS
,c 3311 t. w.trnono Road, suite 450 RECORDED IN BK. 44 M&P, PG. 38, RECORDS OF PIMA COUNTY, AZ, � l:On,'t-::Jo"° cs20> :m-,m tax LOCATED IN THE SW 1/4 OF SECTION 14, T-12-S, R-13-E,
>www.peom...__,,GILA & SALT RIVER MERIDIAN, PIMA COUNTY, ARIZONA 5-7TOV180201 DATE: JUNE, 2018 • DRAWN BY: SM ,.,...___ ________________________________ _
7J r.
LOT 39
-:, IL 1
lo'., CD
LINE L10 L 11 L12
L1 3
L14
L1 5
L16
L17
L18
L19
L2 0
BEARING S 47'22'05" E S 26'12 31" E S 26' 1 2 31 .. E S 47"39'00" E
S 03'47 09" E
S 73"2 3 22" W
N 03'03 02" W
N 47'39 00" W
N 26' 12 31" W
N 63'46 12" W N 26'12 31" W
L2 1 N 63'47'29" El � T
PARCEL 1
SEE EXHIBIT 8-1
DISTANCE 111 .16 43.87 36.22'
41.73'
7.34
7.43
7.05
39.40'
27 .15'
5.74
5.75
1 o.oo·
LOT 39
A.P.N. 224-.38-65 50
VALENZUELA, JOAQUIN & LAURA
SE QUENCE NO. 20152180031
BK. 44 M&P, PG. 38
I MONUMENTS
� 55 2"BRASS CAP SURVEY MONUMENT STAMPED "RLS 12122" "" 56 2''BRASS CAP SURVEY MONUMENT STAMPED "RLS 12 122"
.f 64 600 NAIL TAGGED "RLS 27739" � � 65 1 /2" REBAR, TAGGED "RLS 12122" ¾ 66 1 /2'' REBAR, TAGGED "RLS 12122" i ., A.U. & P.R.E. = ACCESS, UTILITY & PED. REFUGE EASEMENT
SCALE: 1 " = 30' -1 ------·-•1 I
0 30
LOT 37
60
�� LOT 38
P.0.8. PARCEL 2
MAINTENANCEEASEMENT
538± SO. FT.
j •= 1/2'' REBAR, TAGGED "RLS 27739"
l,soMAS
EXHIBIT B-2
(MAINTENANCE EASEMENT)
.;:: 3JJ E. Wetmore Road, li\llt• 450 0 Tucaon, AZ 85711& � (1120) 2'2-2300 (1120) 2112-12110 fox S: www.paomoe.com 5-7TOV180201
A PORTION OF LOT 39 OF SADDLE VALLEY II AS
RECORDED IN BK. 44 M&P, PG. 38, RECORDS OF PIMA COUNTY, AZ,
LOCATED IN THE SW 1/4 OF SECTION 14, T-12-S, RM13-E,
GILA & SALT RIVER MERIDIAN, PIMA COUNTY, ARIZONA
DATE: JUNE, 2018 • DRAWN BY: SM ,,_,...._ ________________________________ _
RESOLUTION NO. (R)21-55
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE
TOWN OF ORO VALLEY, ARIZONA, AUTHORIZING AND
APPROVING A MAINTENANCE EASEMENT BETWEEN THE
TOWN OF ORO VALLEY AND STEVEN AND KIMBERLY
ZAVATSKY FOR A PORTION OF PARCEL 224 -38-6540 FOR THE
PUBLIC TRAIL EASEMENT LOCATED ON THIS PARCEL
WHEREAS, the Town of Oro Valley is a political subdivision of the State of Arizona
vested with all associated rights, privileges and benefits and is entitled to the immunities
and exemptions granted municipalities and political subdivisions under the Constitution
and laws of the State of Arizona and the United States ; and
WHEREAS, Steven and Kimberly Zavatsky (“Owner”) own real property located at
1061 W. Saddlehorn Place, Oro Valley, Arizona 85704, Parcel Number 224-38-6540;
and
WHEREAS, the Town requires a maintenance easement outside of the public trial
easement parcel 224-38-671A on Owner’s property; and
WHEREAS, it is in the best interest of the Town to approve and authorize the
maintenance easement attached hereto as Exhibit “A” to allow the Town to perform
maintenance of the public trail easement
NOW, THEREFORE BE IT RESOLVED by the Mayor and Council of the Town of
Oro Valley that:
SECTION 1. the Maintenance Easement between the Town of Oro Valley
and Steven and Kimberly Zavatsky, attached hereto as Exhibit "A"
incorporated herein by this reference, is hereby authorized and approved.
SECTION 2. If any section, subsection, sentence, clause, phrase or
portion of this Resolution, or the Maintenance Easement attached hereto
as Exhibit “A”, is for any reason held to be invalid or unconstitutional by
the decision of any court of competent jurisdiction, such decision shall not
affect the validit y of the remaining portions thereof.
SECTION 3. All Oro Valley Resolutions, or Motions and parts of
Resolutions or Motions of the Council in conflict with the provisions of
this Resolution are hereby repealed.
PASSED AND ADOPTED by the Mayor and Council of the Town of Oro Valley,
Arizona, this 17th day of November, 2021.
TOWN OF ORO VALLEY
Joseph C. Winfield, Mayor
ATTEST: APPROVED AS TO FOR M:
Michael Standish, Town Clerk Tobin Sidles, Legal Services Director
Date: Date:
EXHIBIT “A”
MAINTENANCE EASEMENT ZA VATSKY, Steven J & Kimberly J, ("Grantor"), does hereby convey to The Town of Oro Valley a political subdivision of the State of Arizona ("Town"), a perpetual non-exclusive easement for the construction and maintenance of trail improvements along, upon, over, under and across the property described on the attached Exhibit A and depicted on the attached Exhibit B (the Property). Town shall have the right to construct, maintain, repair and replace improvements within the Property and to enter upon the Property for the purpose of maintaining the easement and any of its improvements located thereon. This may include the alteration of the grade and gradient of Grantor's property, including the dislocation and removal of soil and other materials, or the addition of fill materials; the installation, maintenance and replacement of any improvements, structures, landscaping, or stabilizing systems related thereto; and the flow or retention of water. Grantor agrees that no buildings, structures, fences or other trees or vegetation shall be placed along, upon, over or under, or across the Property and that the natural contours of the Property shall not be excavated, filled or altered without the prior written approval of the Public Works Director of the Town of Oro Valley. Town hereby indemnifies and agrees to hold Grantor harmless from and against any and all loss, cost, or expense (including attorney's fees and expenses) resulting from any entry or use of the easement area by Town, or an employee, agent, principal or contractor of Town. All grants, covenants and conditions of this easement shall inure to the benefit of and be binding upon the successors in interest to Town and Grantor. (Intentionally left blank)