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AGENDA
ORO VALLEY TOWN COUNCIL
REGULAR SESSION
July 2, 2014
ORO VALLEY COUNCIL CHAMBERS
11000 N. LA CAÑADA DRIVE
REGULAR SESSION AT OR AFTER 6:00 PM
CALL TO ORDER
ROLL CALL
PLEDGE OF ALLEGIANCE
UPCOMING MEETING ANNOUNCEMENTS
COUNCIL REPORTS
DEPARTMENT REPORTS
The Mayor and Council may consider and/or take action on the items listed below:
ORDER OF BUSINESS: MAYOR WILL REVIEW THE ORDER OF THE MEETING
CALL TO AUDIENCE – At this time, any member of the public is allowed to address the Mayor and
Town Council on any issue not listed on today’s agenda. Pursuant to the Arizona Open Meeting
Law, individual Council Members may ask Town Staff to review the matter, ask that the matter be placed
on a future agenda, or respond to criticism made by speakers. However, the Mayor and Council may
not discuss or take legal action on matters raised during “Call to Audience.” In order to speak during
“Call to Audience” please specify what you wish to discuss when completing the blue speaker card.
PRESENTATIONS
1. Presentation from the Arizona Department of Transportation (ADOT) providing an update on
the SR 77 (Oracle Road) widening from Tangerine Road to Pinal County
CONSENT AGENDA
(Consideration and/or possible action)
A. Minutes - June 18, 2014
B. Fiscal Year 2013/14 Financial Update through May 2014
C. Cancellation of the July 16, 2014 Regular Town Council Meeting
D. Request for approval of a block plat amendment for portions of Innovation Park,
within Rancho Vistoso Neighborhood 3, located north of Tangerine Road between Innovation
Park Drive and Oracle Road
E. Request for approval of a revised Final Plat for the Rancho de Plata subdivision, located on
the west side of La Cholla Boulevard, south of Tangerine Road
F. Request for approval of a Final Plat for Block 2 of the Maracay at Vistoso subdivision, located
south of the Pebble Creek Drive and La Canada Drive intersection
G. Request for approval of a Final Plat for a 36 lot single-family development, located north of
Tortolita Mountain Circle and east of Hohokam Village Place, Rancho Vistoso Neighborhood
11
H. Resolution No. (R)14-37, authorizing and accepting a land donation of a half-acre residential
lot in the Canada Del Oro Estates subdivision, located on the south side of Lambert Lane and
west of 1st Avenue
I. Resolution No. (R)14-38, authorizing and approving an intergovernmental agreement between
the Town of Oro Valley and Pima County regarding payment for the incarceration of municipal
prisoners
J. Resolution No. (R)14-39, authorizing and approving a High Intensity Drug Trafficking Area
Grant Agreement with the City of Tucson, allowing for two (2) officers to be assigned to the
Pima County/Tucson Metropolitan Counter Narcotics Alliance
K. Resolution No. (R)14-40, authorizing and approving a High Intensity Drug Trafficking Area
(HIDTA) Grant Agreement with the City of Tucson, allowing for one (1) officer to be assigned
to the Pima County HIDTA Investigative Task Force
L. Resolution No. (R)14-41, authorizing and approving an intergovernmental agreement between
the Town of Oro Valley Police Department and the Arizona Department of Public Safety for
participation in the Gang Immigration and Intelligence Team Enforcement Mission (GIITEM)
REGULAR AGENDA
1. DISCUSSION AND POSSIBLE ACTION TO APPROVE A REQUEST BY WLB GROUP FOR
THE KAI NARANJA DEVELOPMENT, LOCATED EAST OF IRONWOOD RIDGE HIGH
SCHOOL ON THE SOUTH SIDE OF NARANJA DRIVE, TO UTILIZE THE MODIFIED
REVIEW PROCESS ENABLED IN THE ENVIRONMENTALLY SENSITIVE LANDS (ESL)
SECTION OF THE ZONING CODE
2. RESOLUTION NO. (R)14-42, APPROVING AN INTERGOVERNMENTAL AGREEMENT FOR
THE PROVISION OF ANIMAL CONTROL SERVICES BETWEEN THE TOWN OF ORO
VALLEY AND PIMA COUNTY
3. AUTHORIZATION OF FUNDING FOR TOWN FACILITY SPACE NEEDS
4. DISCUSSION AND POSSIBLE ACTION REGARDING TEMPORARY SIGN RELIEF FOR
BUSINESSES FRONTING ORACLE ROAD (SR-77) IMPACTED BY THE CURRENT
STREET CONSTRUCTION PROJECT
FUTURE AGENDA ITEMS (The Council may bring forth general topics for future meeting agendas.
Council may not discuss, deliberate or take any action on the topics presented pursuant to ARS
38-431.02H)
CALL TO AUDIENCE – At this time, any member of the public is allowed to address the Mayor and
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.
ADJOURNMENT
POSTED: 6/25/14 at 5:00 p.m. by mrs
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. –
5:00p.m.
The Town of Oro Valley complies with the Americans with Disabilities Act (ADA). If any person with a
disability needs any type of accommodation, please notify the Town Clerk’s Office at least five days prior
to the Council meeting at 229-4700.
INSTRUCTIONS TO SPEAKERS
Members of the public have the right to speak during any posted public hearing. However, those
items not listed as a public hearing are for consideration and action by the Town Council during
the course of their business meeting. Members of the public may be allowed to speak on these
topics at the discretion of the Chair.
If you wish to address the Town Council on any item(s) on this agenda, please complete a speaker card
located on the Agenda table at the back of the room and give it to the Town Clerk. Please indicate on
the speaker card which item number and topic you wish to speak on, or if you wish to speak
during “Call to Audience”, please specify what you wish to discuss when completing the blue
speaker card.
Please step forward to the podium when the Mayor announces the item(s) on the agenda which you are
interested in addressing.
1. For the record, please state your name and whether or not you are a Town resident.
2. Speak only on the issue currently being discussed by Council. Please organize your speech, you will
only be allowed to address the Council once regarding the topic being discussed.
3. Please limit your comments to 3 minutes.
4. During “Call to Audience” you may address the Council on any issue you wish.
5. Any member of the public speaking must speak in a courteous and respectful manner to those present.
Thank you for your cooperation.
Town Council Regular Session Item # 1.
Meeting Date:07/02/2014
Presentation from the Arizona Department of Transportation (ADOT) providing an update on the SR 77
(Oracle Road) widening from Tangerine Road to Pinal
Information
Subject
Presentation from the Arizona Department of Transportation (ADOT) providing an update on the SR 77
(Oracle Road) widening from Tangerine Road to Pinal County
Summary
Robin Raine, ADOT Urban Senior Project Manager, will provide a brief recap and James Gomes, Senior
Resident Engineer, will provide the construction schedule and timeline for the Oracle Road widening
project as requested by Mayor and Council.
Town Council Regular Session Item # A.
Meeting Date:07/02/2014
Requested by: Julie Bower Submitted By:Mike Standish, Town Clerk's Office
Department:Town Clerk's Office
Information
SUBJECT:
Minutes - June 18, 2014
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 June 18, 2014 minutes.
Attachments
6/18/14 Draft Minutes
6/18/14 Minutes, Town Council Regular Session 1
MINUTES
ORO VALLEY TOWN COUNCIL
REGULAR SESSION
June 18, 2014
ORO VALLEY COUNCIL CHAMBERS
11000 N. LA CANADA DRIVE
REGULAR SESSION AT OR AFTER 5:00 PM
CALL TO ORDER
Mayor Hiremath called the meeting to order at 5:00 p.m.
ROLL CALL
PRESENT:Satish Hiremath, Mayor
Lou Waters, Vice Mayor
Brendan Burns, Councilmember
Bill Garner, Councilmember
Joe Hornat, Councilmember
Mary Snider, Councilmember
Mike Zinkin, Councilmember
EXECUTIVE SESSION - Pursuant to ARS 38-431.03(A)(7) regarding the purchase,
sale or lease of real property
MOTION:A motion was made by Councilmember Snider and seconded by Vice Mayor
Waters to go into Executive Session at 5:01 p.m. pursuant to ARS 38-431.03(A)(7)
regarding the purchase, sale or lease of real property.
MOTION carried, 7-0.
Mayor Hiremath said that the following staff members would join Council in Executive
Session: Town Manager Greg Caton, Town Attorney Patricia Ronan, Finance Director
Stacey Lemos, Parks and Recreation Director Kristy Diaz-Trahan and Town Clerk Julie
Bower.
REGULAR SESSION AT OR AFTER 6:00 PM
CALL TO ORDER
Mayor Hiremath reconvened the meeting at 6:04 p.m.
6/18/14 Minutes, Town Council Regular Session 2
ROLL CALL
PRESENT:Satish Hiremath, Mayor
Lou Waters, Vice Mayor
Brendan Burns, Councilmember
Bill Garner, Councilmember
Joe Hornat, Councilmember
Mary Snider, Councilmember
Mike Zinkin, Councilmember
PLEDGE OF ALLEGIANCE
Mayor Hiremath led the audience in the Pledge of Allegiance.
UPCOMING MEETING ANNOUNCEMENTS
Communications Administrator Misti Nowak announced the upcoming town meetings
and events.
COUNCIL REPORTS
• Spotlight on Youth
Councilmember Snider recognized Hannah Ford, 6th grader at Coronado K-8, for her
outstanding achievements.
DEPARTMENT REPORTS
No reports were received.
ORDER OF BUSINESS
Mayor Hiremath reviewed the order of business and said the agenda would stand as
posted.
INFORMATIONAL ITEMS
1.Letter of Appreciation - Town Clerk's Office & IT Department
CALL TO AUDIENCE
Oro Valley resident Kay Williams spoke about the Oro Valley Community Foundation, a
non-profit organization that provided grants in four key areas; education, youth services,
helping hands/social programs and arts and sciences. The Oro Valley Community
Foundation will hold their 2nd recycle and electronic waste event on October 18th at the
Oro Valley Marketplace.
6/18/14 Minutes, Town Council Regular Session 3
PRESENTATIONS
1.Proclamation & Presentation -Independents Week, Lisette DeMars,
Southern Arizona Director of Local First Arizona
Mayor Hiremath proclaimed June 29th - July 6th, 2014 as Independents Week.
Lisette DeMars, Southern Arizona Director of Local First Arizona, discussed the positive
impact independent businesses had within the community by keeping more tax dollars
within the community. Ms. DeMars invited the Council and public to their next Member
Mixer event which would be held at Alfonso Gourmet Olive Oil and Balsamics located at
7854 N. Oracle Road on July 2nd from 6 to 8 p.m.
CONSENT AGENDA
Councilmember Zinkin requested that items (B2) and (C) be removed from the Consent
Agenda for discussion.
A.Minutes - June 4, 2014
B.Replat Rancho Vistoso, Neighborhoods 10 and 11
1.Resolution No. (R)14-35, authorizing and approving abandonment of a portion of
the Pebble Creek Drive right-of-way
D.Resolution No. (R)14-36, authorizing and approving an Operating Agreement
between the Town of Oro Valley and Greater Oro Valley Arts Council D.B.A.
Southern Arizona Arts and Cultural Alliance (SAACA)
MOTION:A motion was made by Councilmember Snider and seconded by Vice Mayor
Waters to approve items (A), (B1) and (D).
MOTION carried, 7-0.
B.Replat Rancho Vistoso, Neighborhoods 10 and 11
2.Block Plat for the Maracay at Vistoso subdivision in Rancho Vistoso,
Neighborhoods 10 and 11, located at the northern terminus of La Canada
Drive on both sides of the extension of Pebble Creek Drive
Councilmember Zinkin was concerned with the density and maximum building height as
depicted in General Notes #5 and 6 since the Conceptual Site Plan approved residential
homes up to two stories.
6/18/14 Minutes, Town Council Regular Session 4
MOTION:A motion was made by Councilmember Garner and seconded by
Councilmember Zinkin to approve the Block Plat for the Maracay at Vistoso subdivision
in Rancho Vistoso, Neighborhoods 10 and 11, located at the northern terminus of La
Canada Drive on both sides of the extension of Pebble Creek Drive and adhere to the
Conceptual Site Plan approved on September 4, 2013.
MOTION carried, 7-0.
C.Approval of the Oro Valley Cultural Heritage Preservation Plan
Councilmember Zinkin asked how adopting the plan would not have a fiscal impact.
Town Manager Greg Caton said adoption of the plan would not create a fiscal impact. It
was the implementation of the plan that would create a fiscal impact.
Parks and Recreation Director Kristy Diaz-Trahan said the intent of this item was to
obtain approval of the philosophical direction the town would like to take but the funding
to implement the plan would happen at a later date.
MOTION:A motion was made by Councilmember Hornat and seconded by
Councilmember Garner to approve the Oro Valley Cultural Heritage Preservation Plan
subject to funding availability.
MOTION carried, 7-0.
REGULAR AGENDA
1.DISCUSSION AND POSSIBLE DIRECTION REGARDING EXPANSION OF THE
ECONOMIC EXPANSION ZONE (EEZ) TO OTHER AREAS OF THE TOWN
The following individual spoke in support of item #1.
Paul Oland, representative of the WLB Group
The following individual spoke in opposition to item #1.
Oro Valley resident Gil Alexander
MOTION:A motion was made by Councilmember Garner and seconded by Vice Mayor
Waters to direct Town Manager Greg Caton to explore expanding the Economic
Expansion Zone (EEZ) to other areas of the town.
MOTION carried, 7-0.
2.DISCUSSION AND POSSIBLE ACTION REGARDING THE NATIONAL
6/18/14 Minutes, Town Council Regular Session 5
LEAGUE OF CITIES (NLC) SERVICE LINE WARRANTY PROGRAM
Discussion ensued amongst Council and staff regarding the National League of Cities
Service Line Warranty Program.
No action was taken on item #2.
FUTURE AGENDA ITEMS
No future agenda items were requested.
CALL TO AUDIENCE
No comments were received.
ADJOURNMENT
MOTION:A motion was made by Vice Mayor Waters and seconded by Councilmember
Snider to adjourn the meeting at 6:54 p.m.
MOTION carried, 7-0.
Prepared by:
____________________________
Michael Standish, CMC
Deputy Town Clerk
I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the
regular session of the Town of Oro Valley Council of Oro Valley, Arizona held on the 18th day of
June 2014. I further certify that the meeting was duly called and held and that a quorum was
present.
Dated this _____ day of _____________________, 2014.
_________________________________
Julie K. Bower, MMC
Town Clerk
Town Council Regular Session Item # B.
Meeting Date:07/02/2014
Requested by: Stacey Lemos Submitted By:Wendy Gomez, Finance
Department:Finance
Information
SUBJECT:
Fiscal Year 2013/14 Financial Update through May 2014
RECOMMENDATION:
This item is for information only.
EXECUTIVE SUMMARY:
In the General Fund (see attachment A), revenues collected through May totaled $26.8 million or 94.3%
of the budget amount of $28.4 million. Year-to-date expenditures through May totaled $25.5 million or
84.9% of the budget amount of $30.0 million.
In the Highway Fund (see attachment B), revenues collected through May totaled $3.8 million or 98.8% of
the budget amount of $3.8 million. Year-to-date expenditures through May totaled $2.9 million or 77.0%
of the budget amount of $3.7 million.
In the Bed Tax Fund (see attachment C), revenues collected through May totaled $902,590 or 113.8% of
the budget amount of $793,000. Year-to-date expenditures through May totaled $980,705 or 75.9% of
the budget amount of $1,292,000.
BACKGROUND OR DETAILED INFORMATION:
GENERAL FUND
Attachment A shows General Fund revenues and expenditures through May, as well as year-end
estimates for each category. The estimated year-end projections in the General Fund are as follows:
Revenues $29,329,696
Less:
Expenditures ($29,019,324) (A)
Less:
Approved Use of Contingency Reserves ($ 970,000) (B)
Transfer to CIP Fund for Rollover Projects ($ 1,500,000) (C)
Est. Decrease in Fund Balance ($ 2,159,628)
(A) Includes Council-approved Naranja Park improvements of $1.6 million from the General Fund.
(B) Council-approved payment to Tucson Electric Power for undergrounding of utility lines (one of two
payments; second payment included in $1.5 million CIP rollover for FY 14/15).
(C) Transfer to new General Government CIP Fund for CIP projects that will rollover into FY 14/15. This
includes the second payment of $970,000 to Tucson Electric Power for undergrounding of utility lines.
General Fund Revenues
Local sales tax collections in the General Fund total $12.4 million or 94.7% of the budget amount of
$13.1 million. Sales tax collections in the General Fund are estimated to come in over budget by
approximately $430,000 or 3.3%, due to higher than anticipated construction activity and retail
collections across several business activities and industry groups.
License and Permit revenues are estimated to come in over budget by approximately $494,000 or
33.0%, due primarily to higher than anticipated residential and commercial building permit fees, as
well as grading permit fees.
Charges for Services revenues are estimated to come in over budget by approximately $218,000
or 15.1%, due primarily to zoning & subdivision fees, Aquatic Center revenue, and grading review
fees.
Interest Income revenue is estimated to come in over budget by $32,725 or 52.5%, based on
observed actuals through May.
Staff will continue to monitor revenue collections and may adjust the year-end estimates based on actual
trends.
General Fund Expenditures
Expenditures are estimated to come in under budget by approximately $959,000 or 3.2%. This is
due to department operations & maintenance savings, as well as budgeted capital and grant
capacity that will not be utilized in FY 13/14. During the FY 14/15 budget process, it was
anticipated that several General Fund CIP projects would not be completed in the current fiscal
year 13/14, and the unspent funds totaling $1,500,000 for these projects would rollover to the FY
14/15 budget year and be accounted for in the new General Government CIP Fund.
The General Fund expenditures reflect the Council-approved authorization to use $1,403,000 in
General Fund contingency reserves and $197,000 in Council-designated reserves to fund the
Naranja Park improvements. This total amount of $1.6 million is included as a transfer out to the
Naranja Park Fund in the Expenditures section of Attachment A.
HIGHWAY FUND
Highway Fund Revenues
Construction tax revenues in the Highway Fund total $1,146,465 or 106.4% of the budget amount
of $1.1 million. Construction tax revenues in the Highway Fund are estimated to come in over
budget by $141,623 or 13.1%, due to higher than anticipated construction activity.
State shared highway user funds total $2,405,762 or 96.2% of the budget amount of $2.5 million
and are expected to come in over budget by $123,514 or 4.9%, based on observed actuals through
May.
Highway Fund Expenditures
Expenditures are estimated to come in under budget by $105,248 or 2.8%, due to projected
vacancy savings as well as division operations and maintenance savings. Note that these savings
are estimates and are subject to change.
BED TAX FUND
Bed Tax Revenues
Bed tax revenues total $896,368 or 113.6% of the budget amount of $789,000 and are expected to
come in over budget by $186,454 or 23.6%, based on observed collections through May.
Bed Tax Fund Expenditures
Expenditures are estimated to come in under budget by $7,356 or 0.6%, due to projected vacancy
savings. Note that these savings are estimates and are subject to change.
The Bed Tax Fund expenditures reflect the Council-authorized use of Bed Tax Fund contingency
reserves of $400,000 to fund the Naranja Park improvements. This amount is included as a
transfer out to the Naranja Park Fund in the Expenditures section of Attachment C.
Please see Attachments A, B, and C for additional details on the General Fund, Highway Fund and Bed
Tax Fund. See Attachment D for a fiscal year-to-date consolidated summary of all Town Funds.
FISCAL IMPACT:
N/A
SUGGESTED MOTION:
This item is for information only.
Attachments
Attachment A - General Fund
Attachment B - HW Fund
Attachment C - Bed Tax Fund
Attachment D - Summary All Funds
ATTACHMENT A
May YTD Financial Status
General Fund
% Budget Completion through May --- 91.7%
% Actuals YE % Variance
to Budget to Budget
REVENUES:
LOCAL SALES TAX 12,425,279 13,123,382 94.7% 13,553,377 3.3%
LICENSES & PERMITS 1,932,075 1,493,455 129.4% 1,987,000 33.0%
FEDERAL GRANTS 551,949 576,490 95.7% 621,649 7.8%
STATE GRANTS 1,047,475 1,509,700 69.4% 1,226,590 -18.8%
STATE/COUNTY SHARED 8,875,884 9,659,167 91.9% 9,659,167 0.0%
OTHER INTERGOVERNMENTAL 17,492 30,000 58.3% 25,000 -16.7%
CHARGES FOR SERVICES 1,538,239 1,443,437 106.6% 1,661,272 15.1%
FINES 161,088 190,000 84.8% 175,000 -7.9%
INTEREST INCOME 93,528 62,275 150.2% 95,000 52.5%
MISCELLANEOUS 127,029 114,000 111.4% 140,641 23.4%
TRANSFERS IN - 185,000 0.0%185,000 0.0%
TOTAL REVENUES 26,770,039 28,386,906 94.3% 29,329,696 3.3%
% Actuals YE % Variance
to Budget to Budget
EXPENDITURES:
COUNCIL 186,339 225,853 82.5% 206,299 -8.7%
CLERK 286,348 345,118 83.0% 335,619 -2.8%
MANAGER 578,805 700,989 82.6% 674,164 -3.8%
HUMAN RESOURCES 400,183 523,821 76.4% 463,292 -11.6%
FINANCE 559,741 709,242 78.9% 665,922 -6.1%
INFORMATION TECHNOLOGY 1,201,679 1,542,173 77.9% 1,492,173 -3.2%
GENERAL ADMINISTRATION 1,652,345 1,810,729 91.3% 1,810,729 0.0%
LEGAL 564,299 804,344 70.2% 699,344 -13.1%
COURT 632,902 761,430 83.1% 725,586 -4.7%
DEV & INFRASTRUCTURE SVCS 3,439,265 4,031,562 85.3% 3,964,309 -1.7%
PARKS & RECREATION 2,207,409 2,536,955 87.0% 2,505,446 -1.2%
POLICE 11,995,511 14,223,297 84.3% 13,713,712 -3.6%
TRANSFERS OUT 1,760,729 1,762,729 99.9%1,762,729 0.0%
TOTAL EXPENDITURES 25,465,555 29,978,242 84.9% 29,019,324 -3.2%
SURPLUS / (DEFICIT) 1,304,484 (1,591,336) 310,372
BEGINNING FUND BALANCE 13,137,105
Plus: Surplus / (Deficit)310,372
Less:
Approved Use of Contingency Reserves during FY 13/14 - TEP undergrounding (970,000)
Transfer to General Government CIP Fund for CIP rollover projects (1,500,000)
ENDING FUND BALANCE **10,977,477
(A) Includes Council-approved Naranja Park improvements of $1.6 million from the General Fund
* Year-end estimates are subject to further revision
** Ending fund balance amounts are estimates and are subject to further revision
FY 2013/2014
Year End
Estimate *
Budget Year End
Estimate *
Actuals
thru 5/2014
Actuals
thru 5/2014
Budget
(A)
G:\BUDGET ANALYST\Financial Reports 2013-2014\4Q\May\May FY14 Monthly Report 06/13/2014
ATTACHMENT B
May YTD Financial Status FY 2013/2014
% Budget Completion through May --- 91.7%
Actuals
thru 5/2014 Budget % Actuals
to Budget
Year End
Estimate *
YE % Variance
to Budget
REVENUES:
LOCAL SALES TAX 1,146,465 1,077,197 106.4% 1,218,820 13.1%
LICENSES & PERMITS 41,255 48,000 85.9% 44,000 -8.3%
STATE GRANTS - 35,000 0.0% 35,000 0.0%
STATE/COUNTY SHARED 2,405,762 2,500,000 96.2% 2,623,514 4.9%
CHARGES FOR SERVICES 118,701 129,493 91.7% 129,493 0.0%
INTEREST INCOME 27,798 7,000 397.1% 28,000 300.0%
MISCELLANEOUS 19,984 10,000 199.8% 20,930 109.3%
TRANSFERS IN - - 0.0%- 0.0%
TOTAL REVENUES 3,759,965 3,806,690 98.8% 4,099,757 7.7%
Actuals
thru 5/2014 Budget % Actuals
to Budget
Year End
Estimate *
YE % Variance
to Budget
EXPENDITURES:
ADMINISTRATION 509,813 657,860 77.5% 564,537 -14.2%
TRANSPORTATION ENGINEERING 1,066,409 1,547,739 68.9% 1,538,319 -0.6%
PAVEMENT MANAGEMENT 78,422 111,022 70.6% 87,435 -21.2%
STREET MAINTENANCE 790,948 888,033 89.1% 909,115 2.4%
TRAFFIC ENGINEERING 418,380 516,327 81.0% 516,327 0.0%
TRANSFERS OUT - - 0.0%- 0.0%
TOTAL EXPENDITURES 2,863,971 3,720,981 77.0% 3,615,733 -2.8%
SURPLUS / (DEFICIT) 895,994 85,709 484,024
BEGINNING FUND BALANCE 3,517,765
Plus: Surplus / (Deficit) 484,024
ENDING FUND BALANCE **4,001,789
* Year-end estimates are subject to further revision
** Ending fund balance amounts are estimates and are subject to further revision
Highway Fund
G:\BUDGET ANALYST\Financial Reports 2013-2014\4Q\May\May FY14 Monthly Report 06/13/2014
ATTACHMENT C
May YTD Financial Status
% Budget Completion through May --- 91.7%
% Actuals YE % Variance
to Budget to Budget
REVENUES:
BED TAXES 896,368 789,000 113.6% 975,454 23.6%
INTEREST INCOME 6,222 3,975 156.5%7,000 76.1%
TOTAL REVENUES 902,590 792,975 113.8% 982,454 23.9%
% Actuals YE % Variance
to Budget to Budget
EXPENDITURES:
ECONOMIC DEVELOPMENT 375,036 501,762 74.7% 494,406 -1.5%
TRANSFERS OUT 605,669 790,669 76.6%790,669 0.0%
TOTAL EXPENDITURES 980,705 1,292,431 75.9% 1,285,075 -0.6%
SURPLUS / (DEFICIT) (78,114) (499,456) (302,621)
BEGINNING FUND BALANCE 649,053
Plus: Surplus / (Deficit) (302,621)
ENDING FUND BALANCE **346,432
(A) Includes Council-approved Naranja Park improvements of $400,000 from the Bed Tax Fund
* Year-end estimates are subject to further revision
** Ending fund balance amounts are estimates and are subject to further revision
FY 2013/2014
Year End
Estimate *
Budget Year End
Estimate *
Bed Tax Fund
Budget Actuals
thru 5/2014
Actuals
thru 5/2014
(A)
G:\BUDGET ANALYST\Financial Reports 2013-2014\4Q\May\May FY14 Monthly Report 06/13/2014
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06/13/2014
Town Council Regular Session Item # C.
Meeting Date:07/02/2014
Submitted By:Julie Bower, Town Clerk's Office
Department:Town Clerk's Office
Information
SUBJECT:
Cancellation of the July 16, 2014 Regular Town Council Meeting
RECOMMENDATION:
N/A
EXECUTIVE SUMMARY:
At its regular meeting on December 4, 2013, the Council approved the 2014 Regular Town Council
Meeting Schedule. There were no meetings scheduled in August to accommodate a summer break.
Currently, there is no business scheduled for the July 16, 2014, Regular Town Council meeting. In the
event that the Mayor and Town Council would like to cancel the July 16th regular Town Council meeting,
the Mayor and Council must take formal action.
BACKGROUND OR DETAILED INFORMATION:
N/A
FISCAL IMPACT:
N/A
SUGGESTED MOTION:
I MOVE to cancel the July 16th Regular Town Council Meeting.
Town Council Regular Session Item # D.
Meeting Date:07/02/2014
Submitted By:Michael Spaeth, Development Infrastructure Services
Department:Development Infrastructure Services
Information
SUBJECT:
Request for approval of a block plat amendment for portions of Innovation Park, within Rancho Vistoso
Neighborhood 3, located north of Tangerine Road between Innovation Park Drive and Oracle Road
RECOMMENDATION:
Staff recommends approval subject to the conditions listed in "Attachment 1."
EXECUTIVE SUMMARY:
The applicant requests approval of a block plat amendment for portions of Innovation Park, within
Rancho Vistoso Neighborhood 3. The applicant proposes to re-subdivide blocks within Innovation Park.
The block plat has been reviewed and with the conditions of approval (please see Attachment 1), will
meet all Town standards.
BACKGROUND OR DETAILED INFORMATION:
A block plat is a legal instrument used to subdivide blocks for future sale and development. The larger
lots will require approval of plans for development once a user has been determined in the future. No
building or construction will be approved as part of this amendment.
The applicant's intent is to re-subdivide portions of blocks within Innovation Park, in Rancho Vistoso
Neighborhood 3 (please see Attachment 2). Town Council approval of the block plats is required prior
to recordation with Pima County.
Proposed Improvements
333.72 acres, split into a total of eleven (11) blocks
A maximum block size of 22.67 acres
A minimum block size of 2.06 acres
145.41 acres permanently platted as "Open Space"
22.63 acres permanently platted as "Linear Recreational Space"
Previous Approvals
December 2006: Development Plan approved for Innovation Corporate Center
August 2007: Final Plat approved for Blocks 1-8, Innovation Corporate Center
September 2007: General Plan amendment for portions of Rancho Vistoso Neighborhood 3
February 2008: PAD (zoning) amendment approved for portions of Rancho Vistoso
Neighborhood 3
The proposed block plat, with the conditions of approval, is consistent with the previous approvals.
FISCAL IMPACT:
N/A
SUGGESTED MOTION:
I MOVE to approve the block plat for portions of Rancho Vistoso Neighborhood 3 with the conditions in
Attachment 1, finding that it meets the requirements of the Zoning Code.
OR
I MOVE to deny the block plat for Rancho Vistoso Neighborhood 3, finding that
__________________________________.
Attachments
Attachment 1 - Conditions of Approval
Attachment 2 - Final Plat
Conditions of Approval
1. Address all redline comments and general comments prior to final Mylar
recordation.
L_
GENERAL NOTES
1. GROSS AREA OF SUBDIVISION IS 14,536,436 S.F. (333.72 ACRES)
AREA OF COMMON AREA" A" (ACCESS) IS 649,698 S.F. (14.92 ACRES)
AREA OF COMMON AREA "B" (OPEN SPACE) IS 6,332,534 S.F. (145.37 ACRES)
AREA OF COMMON AREA "c" (LINEAR RECREATION AREA) IS 986,188 S.F. (22.64 ACRES)
2. TOTAL MILES OF NEW PUBLIC STREET IS 0 MILES.
3. TOTAL NUMBER OF BLOCKS IS 11.
4.
5.
6.
7.
8.
9.
BLOCK A1 SIZE = 927,785 SQ. FT. (21.30 ACRES);
BLOCK B1 SIZE = 987,297 SQ. FT., (22.67 ACRES);
BLOCK B2 SIZE = 566,059 SQ. FT. (12.99 ACRES);
BLOCK B3 SIZE = 791,992 SQ. FT. (18.18 ACRES);
BLOCK B4 SIZE = 89,772 SQ. FT. (2.06 ACRES);
BLOCK D1 SIZE = 1,393,238 SQ. FT. (31.98 ACRES);
BLOCK D2 SIZE .,.. 333,942 SQ. FT. (7.67 ACRES);
BLOCK D3 SIZE = 273,905 SQ. FT. (6.29 ACRES);
BLOCK E1 SIZE = 304,179 SQ. FT. (6.98 ACRES);
BLOCK E2 SIZE = 438,895 SQ. FT. (10.08 ACRES);
BLOCK E3 SIZE = 460,682 SQ. FT. (10.58 ACRES);
ZONING = CPI (CAMPUS PARK INDUSTRIAL).
ZONING = CPI (CAMPUS PARK INDUSTRIAL).
ZONING = CPI (CAMPUS PARK INDUSTRIAL).
ZONING = CPI (CAMPUS PARK INDUSTRIAL).
ZONING = CPI (CAMPUS PARK INDUSTRIAL).
ZONING = CPI (CAMPUS PARK INDUSTRIAL).
ZONING = CPI (CAMPUS PARK INDUSTRIAL).
ZONING = CPI (CAMPUS PARK INDUSTRIAL).
ZONING = CPI (CAMPUS PARK INDUSTRIAL).
ZONING = C-1 (COMMERCIAL).
ZONING = C-1 (COMMERCIAL).
MAXIMUM BUILDING HEIGHT FOR CPI ZONED PARCELS IS THREE (3) STORIES OR THIRTY SIX (36) FEET.
MAX BUILDING HEIGHT ON 15%-25% SLOPES IS 44'.
MAXIMUM BUILDING HEIGHT FOR C-l ZONED PARCELS IS THREE (3) STORIES OR THIRTY FOUR (34) FEET.
NO FURTHER SUBDIVISION OF ANY LOT OR PARCEL SHOWN WILL BE DONE WITHOUT THE WRITTEN
APPROVAL OF THE ORO VALLEY TOWN COUNCIL.
THE BASIS OF BEARING FOR THIS PROJECT IS THE NORTH LINE OF THE NORTHWEST QUARTER OF
SECTION 32, TOWNSHIP 11 SOUTH, RANGE 14 EAST, GILA AND SALT RIVER BASE & MERIDIAN, TOWN OF
ORO VALLEY, PIMA COUNTY, ARIZONA. BEARING BEING N89·49'22"W.
EXISTING ZONING IS RANCHO VISTOSO P.A.D.
DEVELOPER WILL CONVENANT TO HOLD TOWN OF ORO VALLEY, ITS SUCCESSORS AND ASSIGNS,
HARMLESS IN THE EVENT OF FLOODING.
10. DRAINAGE WILL NOT BE ALTERED OR DISTURBED WITHOUT THE APPROVAL OF THE TOWN OF ORO VALLEY
TOWN COUNCIL.
LEGEND
• SET 1/2" IRON PIN TAGGED RLS 12214
o TO BE SET UPON COMPLETION OF
DEVELOPEMNT OF EACH BLOCK
Ii:,. FOUND BRASS CAP SURVEY MONUMENT STAMPED "RLS 12214"
LCP INDICA TES LEAD CAPPED PIPE
ACP· INDICA TES ALUMINIUM CAPPED PIPE
The
WLB
Group
Inc.
Engineering Planning Surveying
Landscape Architecture Urban Design
Offices located in Tucson. Phoenix.
Flagstaff, AZ, and Las Vegas, NV.
4444 East Broadway
Tucson. Arizona (520) 881-7480
CENTERLINE
EASEMENT
SECTION LINE
•.•.•.•.. TIE LINE
---BOUNDARY LINE
---LOT LINE
DEDICATION
WE, THE UNDERSIGNED, HEREBY WARRANT THAT WE ARE ALL AND THE ONLY PARTIES HAVING
ANY RECORD TITLE INTEREST IN THE LAND SHOWN ON THIS PLAT AND WE CONSENT TO THE
SUBDIVISION OF SAID LAND IN THE MANNER SHOWN HEREON. UTILITY EASEMENTS AS SHOWN
HEREON ARE GRANTED TO THE TOWN OF ORO VALLEY AND PIMA COUNTY FOR THE PURPOSE
OF INSTALLATION, OPERATION, AND MAINTENANCE OF PUBLIC SEWERS.
WE, THE UNDERSIGNED, OUR SUCCESSORS AND ASSIGNS, DO HEREBY SAVE THE TOWN OF
ORO VALLEY, ITS SUCCESSORS AND ASSIGNS, THEIR EMPLOYEES, OFFICERS AND AGENTS
HARMLESS FROM ANY AND ALL CLAIMS FOR DAMAGES RELATED TO THE USE OF SAID LANDS,
NOW AND IN THE FUTURE, BY REASON OF FLOODING, FLOWAGE, EROSION OR DAMAGE
CAUSED BY WATER, WHETHER SURFACE, FLOOD, OR RAINFALL. IT IS FURTHER UNDERSTOOD
AND AGREED THAT NATURAL DRAINAGE SHALL NOT BE ALTERED, DISTURBED OR OBSTRUCTED
WITHOUT APPROVAL OF THE ORO VALLEY TOWN COUNCIL.
PRIVATE DRAINAGEWAYS AND COMMON AREAS AS SHOWN HEREON, ARE RESERVED FOR THE
PRIVATE USE AND CONVENIENCE OF ALL OWNERS OF PROPERTY WITHIN THIS SUBDIVISION,
THEIR GUESTS AND INVITEES, AND (EXCEPT FOR DRAINAGEWAYS), FOR THE INSTALLATION
AND MAINTENANCE OF UNDERGROUND UTILITIES AND PUBLIC SEWERS. TITLE TO THE LAND
OF ALL PRIVATE DRAINAGEWAYS AND COMMON AREAS SHALL BE VESTED IN AN ASSOCIATION
OF INDIVIDUAL LOT OWNERS AS ESTABLISHED BY COVENANTS, CONDITIONS, AND RESTRICTIONS
IN SEQUENCE NO. IN THE OFFICE OF THE PIMA COUNTY RECORDER. EACH AND
EVERY LOT OWNER WITHIN THE SUBDIVISION SHALL BE A MEMBER OF THE ASSOCIATION,
WHICH WILL ACCEPT ALL RESPONSIBILITY FOR THE CONTROL, MAINTENANCE, SAFETY AND
LIABILITY OF THE PRIVATE DRAINAGEWAYS, PRIVATE SEWERS AND COMMON AREAS WITHIN
THIS SUBDIVISION, AS SHOWN HEREON.
VWI/VISTOSO DEVELOPMENT INC., AN ARIZONA CORPORATION
BY: ____________________________________ ___
NOTARY
STATE OF ARIZONA~
SS
COUNTY OF PIMA
ON THIS THE DAY OF , 2014, BEFORE ME, THE UNDERSIGNED
OFFICER, PERSONALLY APPEARED , WHO ACKNOWLEDGED HIMSELF (HERSELF)
TO BE THE OF VWI/VISTOSO DEVELOPMENT INC., AN ARIZONA
CORPORA TION BEING AUTHORIZED SO TO DO, EXECUTED THE FOREGOING INSTRUMENT FOR
THE PURPOSE THEREIN CONTAINED, BY SIGNING AS ________ ~
NOTARY PUBLIC MY COMMISSION EXPIRES:
WATER ADEQUACY
THE TOWN OF ORO VALLEY HAS BEEN DESIGNATED BY THE ARIZONA DEPARTMENT OF WATER RESOURCES
AS HAVING AN ASSURED WATER SUPPLY, PURSUANT TO ARS §45-576 AND HERBY CERTIFIES IN
WRITING TO SUPPLY WATER TO THIS SUBDIVISION.
BY:
-:-W-:A:-::T=ER~U~T~IL~IT=-Y~DI=R-=-EC~T=-=O:'::R~---
RECORDING DATA
STATE OF ARIZONA)
)SS
COUNTY OF PIMA)
DATE:
NO: ____ _
FEE"",: ___ _
THIS INSTRUMENT WAS FILED FOR RECORD AT THE REQUEST OF THE
WLB GROUP, INC., ON THIS DAY OF ____ ==::-:----~
20 , AT M. IN SEQ. NO. THEREOF.
F. ANN RODRIGUEZ, PIMA COUNTY RECORDER
BY:
DEPUTY FOR PIMA COUNTY RECORDER
APPROVALS
I , CLERK OF THE TOWN OF ORO VALLEY,
HEREBY CERTIFY THAT THIS PLAT WAS APPROVED BY THE MAYOR AND COUNCIL
OF THE TOWN OF ORO VALLEY ON THE DAY OF 20 __ .
CLERK, TOWN OF ORO VALLEY DATE
PIMA COUNTY REGIONAL WASTEWATER RECLAMATION DEPT. DATE
TOWN ENGINEER DATE
PLANNING & ZONING ADMINISTRATOR DATE
WA TER UTILITY DIRECTOR DATE
SEQ NO.
,
PROJECT
(77l
iCciRONADO
NATIONAL
FOREST
LOCATION MAP
3" = 1 MILE
A PORTION OF SECTIONS 29, 3D, 31 & 32
TOWNSHIP 11 SOUTH, RANGE 14 EAST, G. & S.R.M.,
TOWN OF ORO VALLEY, PIMA COUNTY, ARIZONA
ASSURANCES
ASSURANCES IN THE FORM OF _______ FROM ________ _
AS RECORDED IN SEQ NO. _____ , HAS BEEN PROVIDED TO GUARANTEE
DRAINAGE AND STREET IMPROVEMENTS (INCLUDING MONUMENTS) AND UTILITY
IMPROVEMENTS (ELECTRIC, TELEPHONE, GAS, SEWER, WATER) IN THIS SUBDIVISION.
BY:
-:-M7:A-:-Y=O-=-R--:T=-=O:7:W-::-NO--=-O=-F -:O:'::R:-::O--:-7VA""L-:-L-=E:-:-Y DATE:
ASSURANCES IN THE FORM OF ____________ , FROM _______________ _
IN THE AMOUNT OF $ _______________ HAVE BEEN PROVIDED TO GUARANTEE
THE RESEEDING OF THIS SUBDIVISION IN THE EVENT THE PROJECT IS ABANDONED.
CERTIFICATION
I HEREBY CERTIFY THAT THE BOUNDARY SURVEY SHOWN ON PLAT WAS
PERFORMED UNDER MY DIRECTION AND THAT ALL EXISTING PROPOSED
SURVEY MONUMENTS AND MARKERS SHOWN ARE Y DE~;CRIBED: I
FURTHER CERTIFY THAT THIS PLAT WAS PREP DIRECTION.
ROBERT L. LARSON, R.L.S. NO. 26923
EXPIRES 3/3112017
FINAL PLAT
INNOVATION PARK
BLOCKS A1. B1-B4. Df-D3. Ef-E3 AND
COMMON AREA "A" (ACCESS) COMMON AREA "B' (OPEN SPACE)
COMMON AREA "c" (LINEAR RECREATION AREA)
WITHIN SECTIONS 29, 30, 31 It 32, TOWNSHIP 11 SOUTH, RANGE 14 EAST
GILA It SALT RIVER MERIDIAN, TOWN OF ORO VALLEY, PIMA COUNTY, ARIZONA
OV1214-03 NOVEMBER 2013
SCALE: AS NOTED WLB NO. 185050-VW-05-0106
SEQ NO.
REF: OV1 12-025
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OV09-07-07
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WITHIN SECTIONS 29, 30, 31 & 32, TOWNSHIP 11 SOUTH, RANGE 14 EAST
GILA & SALT RIVER MERIDIAN, TOWN OF ORO VALLEY, PIMA COUNTY. ARIZONA
REF: OV112-025
OV12-06-14B
OV1214-03 NOVEMBER 2013 OV09-07-07
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Seq. No. 20082140040
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FND. 1"
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WITHIN SeCTIONS 29, 30, 31 & 32, TOWNSHIP 11 SOUTH, RANGE 14 EAST
GILA & SALT RIVER MERIDIAN, TOWN OF ORO VALLEY, PIMA COUNTY, ARIZONA
REF: DV112-025
OV12-06-14B
OV1214-03 NOVEMBER 2013 OV09-07-07
SCALE: 1 "=1 00' WLB NO. 185050-VW-05-0106 SHEET 3 OF' 8
SEQ NO.
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WITHIN SECTIONS 29, 30. 31 Be 32. TOWNSHIP 11 SOUTH, RANGE 14 EAST
GILA Be SALT RIVER MERIDIAN, TOWN OF ORO VALLEY, PIMA COUNTY, ARIZONA
OV1214-03 NOVEMBER 2013
SCALE: 1" = 1 00' WLB NO. 185050-VW-05-0106
SEQ NO.
REF: OV112-02S
OV12-06-14B
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SEQ. NO. 20040190007
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OV1214-03 NOYEMBER 2013
SCALE: 1"=100' WLB NO. 185050-VW-05-0106
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GILA & SALT RIVER MERIDIAN, TOWN OF ORO VALLEY, PIMA COUNTY, ARIZONA
OV1214-03 NOVEMBER 2013
SCALE: 1"= 100' WLB NO. 185050-VW-OS-0106
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88.59'
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222.12' COMMON AREA "B"
3,127,289 sq. ft.
71.79 acres
Engineering Planning Surveying
Landscape Architecture Urban Design
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Flagstaff, AZ. and Las Vegas, NV.
4444 East Broad~oy
Tucson. Arizona (520) 881-7480
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31.98 ocres
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10.58 ocres
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10.08 ocres
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Town Council Regular Session Item # E.
Meeting Date:07/02/2014
Requested by: Bayer Vella
Submitted By:Rosevelt Arellano
Development Infrastructure Services
Department:Development Infrastructure Services
Information
SUBJECT:
Request for approval of a revised Final Plat for the Rancho de Plata subdivision, located on the west side
of La Cholla Boulevard, south of Tangerine Road
RECOMMENDATION:
Staff recommends approval.
EXECUTIVE SUMMARY:
The applicant requests approval of a revised Final Plat (Attachment 1) for the Rancho de Plata
subdivision. The revised plat accomplishes the following: 1) Provides an area for a gated entryway; 2)
Converts public streets to private streets; 3) Adds utility easements. The plat has been reviewed and
meets all pertinent Town requirements.
BACKGROUND OR DETAILED INFORMATION:
The revised Final Plat requires Town Council approval prior to being officially recorded by Pima County.
In June 2013, Town Council approved the Final Plat for the Rancho de Plata subdivision. The revised
plat does not affect the design components (i.e. street design, lot layout, access point, pedestrian
connectivity, recreation areas, etc.) approved as part of the Final Plat. The purpose of the revised plat is
to provide an area for a gated entryway, convert public streets to private streets, and add a utility
easement.
FISCAL IMPACT:
N/A
SUGGESTED MOTION:
I MOVE to approve the revised Final Plat for the Rancho de Plata subdivision, finding that it meets Town
requirements.
OR
I MOVE to deny the revised Final Plat for the Rancho de Plata subdivision, finding that
___________________.
Attachments
Attachment 1 - Revised Final Plat
Town Council Regular Session Item # F.
Meeting Date:07/02/2014
Requested by: Bayer Vella
Submitted By:Rosevelt Arellano
Development Infrastructure Services
Department:Development Infrastructure Services
Information
SUBJECT:
Request for approval of a Final Plat for Block 2 of the Maracay at Vistoso subdivision, located south of
the Pebble Creek Drive and La Canada Drive intersection
RECOMMENDATION:
Staff recommends approval.
EXECUTIVE SUMMARY:
The applicant requests approval of a Final Plat for one (1) of six (6) communities in the Maracay at
Vistoso subdivision. The plat features 39 lots, private streets, and common areas. The Final Plat has
been reviewed and meets Town requirements.
BACKGROUND OR DETAILED INFORMATION:
The Final Plat requires Town Council approval prior to being officially recorded by Pima County.
In June 2013, Town Council approved the Conceptual Site Plan (CSP) for the proposed development.
The Final Plat does not affect the design components (i.e. site layout, access, pedestrian connectivity,
common areas, etc.) approved as part of the CSP.
Proposed Improvements
17.55 acres subdivided into 39 lots
Average lot size: 10,000 sq. ft.
Maximum building height: 30 ft. and 2-story
Common areas throughout the site
Previous Approvals
September 2013: CSP approved
June 2014: Overall Block Plat for entire Maracay at Vistoso subdivision area approved
FISCAL IMPACT:
N/A
SUGGESTED MOTION:
I MOVE to approve the Final Plat for Block 2 of the Maracay at Vistoso subdivision, finding that it meets
I MOVE to approve the Final Plat for Block 2 of the Maracay at Vistoso subdivision, finding that it meets
Town requirements.
OR
I MOVE to deny the Final Plat for Block 2 of the Maracay at Vistoso subdivision, finding that
___________________.
Attachments
Attachment 1 - Final Plat
APPROVALS
I , CLERK OF THE TOWN OF ORO VALLEY,
HEREBY CERTIFY THAT THIS PLAT WAS APPROVED BY THE MAYOR AND COUNCIL
OF THE TOWN OF ORO VALLEY ON THE DAY OF , 20_,
CLERK, TOWN OF ORO VALLEY
PIMA COUNTY REGIONAL WASTEWATER
RECLAMATION DEPARTMENT
TOWN ENGINEER
PLANNING MANAGER
WATER UTILITY DIRECTOR
ASSURANCES
DATE
DATE
DATE
DATE
DATE
ASSURANCES IN THE FORM OF FROM TITLE SECURITY AGENCY
OF ARIZONA AS RECORDED IN SEQUENCE NO. HAS BEEN PROVIDED
TO GUARANTEE DRAINAGE AND STREET IMPROVEMENTS (INCLUDING MONUMENTS)
AND UTILITY IMPROVEMENTS (ELECTRIC, TELEPHONE, GAS, SEWER, WATER) IN
THE SUBDIVISION.
BY:
-:-M:-:-A""'YO""R:----=TO=WN=-cO=-=F:-:O""R""O..,.V""AL:-:-L::-;'EY DATE
ASSURANCES IN THE FORM OF FROM, TITLE SECURITY AGENCY
OF ARIZONA HAVE BEEN PROVIDED TO GUARANTEE THE RESEEDING OF THIS
SUBDIVISION IN THE EVENT THE PROJECT IS ABANDONED.
WATER ADEQUACY
THE TOWN OF ORO VALLEY HAS BEEN DESIGNATED BY THE ARIZONA DEPARTMENT
WATER RESOURCES AS HAVING AN ASSURED WATER SUPPLY, PURSUANT TO
•
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SUBDIVISION BOUNDARY
RIGHT OF WAY
LOT LINE
100 YR, FLOOD LINE
EROSION HAZARD SET-BACK LINE
EASEMENT LI NE
SECTI ON LI NE
INDICATES BRASS DISK SURVEY
MONUMENT STAMPED TO BE SET BY A REGISTERED LAND SURVEYOR
UPON COMPLETION OF ROAD CONSTRUCTION
FOUND MONUMENT AS NOTED
1/2" IRON PARCEL PIN TO BE SET; TAGGED RLS 44121
UPON COMPLETION OF IMPROVEMENTS
EXIST. BOUNDARY CORNERS, 1/2" IP TAGGED RLS 12214
EXIST. BOUNDARY CORNERS, 1/2" IP TAGGED RLS 26923
NO ACCESS EASEMENT
PUBLIC UTILITY EASEMENT
SECTION CORNER / QUARTER SECTION CORNER
COMMON AREA
EROSION HAZARD SETBACK
IRON PIN
SHEET INDEX
,"' ... ,: ,... '.3:..;;..: SHEET 1 COVER SHEET
SHEETS 2 - 3 PLAN SHEETS COURSE
SHEET 3
SHE 2
ARS §45-576 AND HEREBY CERTIFIES IN WRITING TO SUPPLY WATER TO THIS SUBDIVISION.
BY:
""W'-A==TE:::'R"""U':=TI:-:-L:-::I TY:-:-::D:-::I R=-=E:-::CT=OC:-R ---
RECORDING DATA
STATE OF ARIZONA) FEE __
)SS
COUNTY OF PIMA) No. __ _
THIS INSTRUMENT WAS FILED FOR RECORD AT THE REQUEST OF THE
WLB GROUP, I NC., ON THI S DAY OF ,
20~ AT M. IN SEQUENCE NO. , THEREOF.
F. ANN RODRIGUEZ, PIMA COUNTY RECORDER
B~ ________________________ ___
DEPUTY FOR PIMA COUNTY RECORDER
CERTIFICATION
I HEREBY CERTIFY THAT THE BOUNDARY SURVEY SHOWN ON THIS
PLAT WAS PERFORMED UNDER MY DIRECTION AND THAT ALL EXISTING
AND/OR PROPOSED SURVEY MONUMENTS AND MARKERS SHOWN ARE
CORRECTLY DESCRIBED. I FURTHER CERTIFY THAT THIS PLAT
PREPARED UNDER MY DIRECTION.
PETER D. COTE, R.L.S., No. 44121
I FURTHER CERTIFY THAT THIS PLAT WAS PREPARED UNDER MY
DIRECTION AND THAT THE 100-YEAR FLOOD PRONE LI~lTSAS
NOTED WERE REVIEWED AND SHOWN UNDER MY DIRECTION. ~~~
DAVID W. LITTLE, P.E., NO. 36234
The
WLB
Group
EXPIRES 6/30/2016
Engineering • Planning • Surveying
Landscape Architecture· Urban Design
Offices locoted in Tucson, Phoenix.
Flagstaff, AZ. and Las Vegas, NY.
4444 East Broadway
Tucson, Arizona (520) 881-7480
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GENERAL NOTES
1. THE GROSS AREA OF THIS SUBDIVISION IS 17.55 ACRES.
THE DENSITY IS 2.2 UNITS PER ACRE. LOT AREA IS 9.47 ACRES.
THE AREA OF PRI VA TE STREETS (C.A. "A") IS 2.88 ACRES.
2. TOTAL NUMBER OF RESIDENTIAL LOTS IS 39.
3. COMMON AREA SIZE (ACRES) USE:
C.A. "A" 2.88 PRIVATE STREETS AND PUBLIC UTILITIES.
C.A. "B" 3.35 OPEN SPACE, DRAINAGE, AND PUBLIC UTILITIES.
C.A. "c" 0.07 OPEN SPACE, DRAINAGE, AND SEWER EASEMENT.
C.A. "D" 0.97 OPEN SPACE, DRAINAGE, AND PUBLIC UTILITIES.
C.A. "E" 0.60 OPEN SPACE, DRAINAGE, AND PUBLIC UTILITIES.
C.A. "F" 0.17 OPEN SPACE, DRAINAGE, AND PUBLIC UTILITIES.
C.A. "G" 0.04 OPEN SPACE, DRAINAGE, AND PUBLIC UTILITIES.
4. ALL STREETS ARE PRIVATE. MILES OF PRIVATE STREETS = 0.39 MILES
5. THE MINIMUM LOT SIZE FOR THIS DEVELOPMENT IS 9,031 S.F. (0.21 AC.)
6. THE MAXIMUM LOT SIZE FOR THIS DEVELOPMENT IS 16,654 S.F. (0.38 AC.)
7. THE AVERAGE LOT SIZE FOR THIS DEVELOPMENT IS 10,349 S.F. (0.23 AC.)
8. MAXIMUM PERMITTED BUILDING HEIGHT IS LIMITED TO 30 FEET, TWO (2) STORIES.
9. BUILDING SETBACK PROVISIONS: FRONT-20 FEET
SIDE-5 OR 0 FEET
REAR-5 FEET
10. NO ADDITIONAL ON STREET PARKING IS PROVIDED FOR THIS DEVELOPMENT.
11. EXISTING ZONING: RANCHO VISTOSO P.A.D. -MEDIUM-HIGH DENSITY RESIDENTIAL.
• ~ S26,
T.l1S, R.13E
12. NO FURTHER SUBDIVISION OF ANY LOT OR PARCEL SHOWN SHALL BE PERMITTED WITHOUT WRITTEN APPROVAL OF THE ORO VALLEY TOWN COUNCIL.
13. THE BASIS OF BEARING FOR THIS PROJECT IS THE NORTH LINE OF THE NORTHEAST QUARTER OF SECTION 26, TOWNSHIP 11 SOUTH, RANGE 13 EAST, GILA AND
SALT RIVER MERIDIAN, TOWN OF ORO VALLEY, PIMA COUNTY, ARIZONA.
SAID BEARING BEING: N89'47'14"E, PER THE BLOCK PLAT SEQ. NO. .
14. THE PROFESSIONAL ENGINEER OF RECORD SHALL CERTIFY AS TO THE FORM, LINE AND FUNCTION OF ALL PUBLIC AND PRIVATE ROADWAYS AND DRAINAGE
STRUCTURES BEFORE THE RELEASE OF ASSURANCES.
15. THE PROPERTY OWNER, HIS SUCCESSORS, ASSIGNS, OR A DEDICATED HOMEOWNER'S ASSOCIATION AGREES TO 1) KEEP ALL COMMON AREAS MAINTAINED IN A
WEED-FREE, TRASH-FREE CONDITION, 2) REPLACE ANY DEAD PLANT MATERIALS WITHIN 90 DAYS, AND 3) MAINTAIN THE IRRIGATION SYSTEM IN PROPER WORKING
ORDER.
16. THIS DEVELOPMENT WILL BE SERVED BY ORO VALLEY WATER UTILITY (OVWU) WHICH HAS BEEN DESIGNATED AS HAVING AN ASSURED 100-YEAR WATER SUPPLY BY
THE DI RECTOR OF WATER RESOURCES.
17. UTILITIES WILL BE LOCATED UNDERGROUND IN CONFORMANCE WITH ARIZONA CORPORATION COMMISSION AMENDED GENERAL ORDER U-48.
18. THE LANDSCAPING WITHIN ALL PUBLIC SEWER EASEMENTS SHOWN HEREON SHALL BE IN ACCORDANCE WITH THE PLANTING GUIDELINES OF PC/COT DETAIL RWRD III.
19. NO PERMITS FOR PERMANENT STRUCTURES (I.E. MASONRY WALLS, FENCES, ETC.) ON OR THROUGH THE PUBLIC SEWER EASEMENT WILL BE ISSUED WITHOUT SEPARATE
WRITTEN CONSENT OF PIMA COUNTY REGIONAL WASTEWATER RECLAMATION DEPARTMENT.
20. NO FINAL INSPECTION FOR ANY LOT WITHIN THE SUBDIVISION SHALL BE APPROVED UNTIL A BUILDING CODE OFFICIAL HAS VERIFIED CONSTRUCTION ON THE LOT
IS COMPLETE AND SIDEWALKS HAVE BEEN INSTALLED, PROPERTY LINE TO PROPERTY LINE.
21. A PROJECT CONSTRUCTION PERMIT MUST BE SECURED FROM PIMA COUNTY REGIONAL WASTEWATER RECLAMATION DEPARTMENT. BEFORE BEGINNING ANY SANITARY
SEWER WORK ON THIS PROJECT.
22. CONSTRUCTION AUTHORIZATION FROM PIMA COUNTY DEPARTMENT OF ENVIRONMENTAL QUALITY IS REQUIRED BEFORE BEGINNING ANY SANITARY SEWER WORK ON
THIS PROJECT. APPROVAL OF THIS FINAL PLAT DOES NOT CONSTITUTE CONSTRUCTION AUTHORITY.
23. INTERIOR PROPERTY CORNERS AND CENTERLINE MONUMENTATION SHALL BE SET AS SOON AS COMPLETION OF THE INFRASTRUCTURE AND IMPROVEMENTS MAKE IT
PRACTICAL TO DO SO. IF SUCH MONUMENTS SHOULD DIFFER FROM THE TYPE DESCRIBED ON THE FINAL PLAT, A RECORD OF SURVEY PLAT SHALL BE RECORDED
SHOWING THESE DIFFERENCES.
24. THIS SUBDIVISION WILL BE SERVICED BY ORO VALLEY WATER UTILITY.
25. THE AREA BETWEEN 100 YAER FLOOD LIMITS REPRESENTS AN AREA THAT MAY BE SUBJECT TO FLOODING FROM A 100 YEAR FREQUENCY FLOOD AND ALL LAND IN
THIS AREA WILL BE RESTRICTED TO USES COMPATIBLE WITH PLOODPLAIN MANAGEMENT AS APPROVED BY THE TOWN ENGINEER.
SEQ. #:
13 18
19
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30
THIS PROJECT
30 -'-""
3" = 1 MILE
DEDICATION
LOCATION MAP
A PORTION OF SECTION 26
T11S, R13E, G & S,R.M., TOWN OF ORO VALLEY,
PIMA COUNTY, ARIZONA
'IE., lHE UNDERSIGNED, HEREBY WARRANT lHAT 'IE. ARE AU.. AND lHE ONLY PARllES HAVING
ANY RECORD llTLE INTEREST IN lHE LAND SHOVIN ON lHlS PLAT AND 'IE. CONSENT TO lHE
SUBDIVISION OF SAID LAND IN lHE MANNER SHO\\N HEREON.
WE, THE UNDERSIGNED, OUR SUCCESSORS AND ASSIGNS, DO HEREBY SAVE lHE TOWN
OF ORO VALLEY, ITS SUCCESSORS AND ASSIGNS, THEIR EMPLOYEES, OFFICERS, AND
AGENTS HARMLESS FROM ANY AND ALL CLAIMS FOR DAMAGES RELATED TO THE USE OF
SAID LANDS NOW AND IN THE FUTURE BY REASON OF FLOODING, FLOWAGE, EROSION,
OR DAMAGE CAUSED BY WATER, WHETHER SURFACE FLOOD, OR RAINFALL. IT IS
FURTHER UNDERSTOOD AND AGREED THAT NATURAL DRAINAGE SHALL NOT BE ALTERED,
DISTURBED, OR OBSTRUCTED OTHER THAN AS SHOWN HEREON WITHOUT THE WRITTEN
APPROVAL OF THE TOWN OF ORO VALLEY TOWN COUNCIL.
WE HEREBY CONVEY TO THE TOWN OF ORO VALLEY AND ALL PUBLIC UTILITY
COMPANIES EASEMENTS AS SHOWN HEREON FOR THE PURPOSE OF ACCESS,
INSTALLATION, AND MAINTENANCE OF PUBLIC SEWERS AND UTILITIES AND OTHER USES
AS DESI GNA TED BY THI S PLAT.
COMMON AREA "A", AS SHOWN HEREON, IS RESERVED FOR lHE PRIVATE USE AND
CONVENIENCE OF ALL OWNERS OF PROPERTY WITHIN lHIS SUBDIVISION, THEIR GUESTS
AND INVITEES, AND (EXCEPT FOR DRAINAGE WAYS), FOR THE INSTALLATION AND
MAINTENANCE OF UNDERGROUND UTILITIES AND SEWERS.
TITLE TO THE LAND OF ALL COMMON AREAS SHALL BE VESTED IN AN ASSOCIATION OF
INDIVIDUAL LOT OWNERS AS ESTABLISHED BY COVENANTS, CONDITIONS AND
RESTRICTIONS RECORDED IN SEQUENCE NO. IN THE OFFICE OF THE PIMA
COUNTY RECORDER. EACH AND EVERY LOT OWNER WITHIN THE SUBDIVISION SHALL BE
A MEMBER OF THE ASSOCIATION, WHICH WILL ACCEPT ALL RESPONSIBILITY FOR THE
CONTROL, MAINTENANCE, SAFETY AND LIABILITY OF ALL COMMON AREAS WITHIN THIS
SUBDIVISION AS SHOWN HEREON. ACCESS TO COMMON AREA "G" WILL THROUGH THE
ADJOINING GOLF COURSE PER AGREEMENT WITH SAME. ACCESS TO COMMON AREA "C"
WILL BE THROUGH THE PUBLIC SEWER EASEMENT SHOWN HEREON.
TITLE SECURITY AGENCY OF ARIZONA, INC., AN ARIZONA CORPORATION AS TRUSTEE
UNDER TRUST NUMBER AS TRUSTEE ONLY AND NOT OlHERWISE.
BENEFICIARY OF TRUST xxxxx:
MARACAY 91 LLC.
15279 N. SCOTTSDALE RD. STE. 300
SCOTTSDALE, AZ 85254
NOTARY
STATE OF ARIZONA) FEE __
)SS
COUNTY OF PIMA) No. ___ _
DATE
ON THIS, THE DAY OF , 2014, BEFORE ME, THE UNDERSIGNED
PERSONALLY APPEARED, WHO ACKNOWLEDGED SELF TO BE
_________ TillE SECURITY AGENCY OF ARIZONA, INC. AND BEING AUTHORIZED SO TO DO,
EXECUTED THE FORGOING INSTRUMENT FOR THE PURPOSE THEREIN CONTAINED BY SELF AS
TRUST OFF! CER.
MY COMMISSION EXPIRES: NOTARY PUBLI C
OV1214-10
FINAL PLAT
1
MARACAY AT VISTOSO
RESUBDIVISION OF BLOCK 2
LOTS 1 THRU 39 AND COMMON AREAS -A-THRU -G-
BEING A RESUBDIVISION OF MARACAY HOMES AT VISTOSO,
BLOCKS 1 lHROUGH 5 AND COMMON AREA -A-AS RECORDED IN
SEQ" ' BEING A PORTION OF SECTION 26 TOWNSHIP 11
SOUlH, RANGE 13 EAST, G 8c 5.R.M. TOWN OF ORO VAUEY, PIMA
COUNTY, ARIZONA
REF': 001214-02 MARCH 2014 SHEET 1 OF 3
SEQ. #:
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The
WLB
Group
CA "B"
146,107 SQ FT
3,35 AC
PROPOSED 15'
PUBU C WA lER ESMT
SEQ. No., __ _
Engineering • Planning • Surveying
Landscape Architecture' Urban Design
Offices located in Tucson, Phoenix,
Flagstaff, AZ. and Las Vegas, NV.
4444 East Broad~ay
Tucson. Arizona (520) 881-7480
\
\
0'
V'
EXPIRES 3/31/2015
IN COMPUANCE WITH CERTIFICATION
SHOWN ON SHEET ONE
40' 80' 120'
100 YEAR FLOOO LINE TABLE
LINE LENGTH BEARING
FL 1 21.42' N09'36'58"E
FL2 33.11' N21'18'31"E
FL3 28.48' N51'22'18"E
FL4 36.64' N41'03'59"E
FL5 32.95' N32'26'45"E
FL6 30.06' N32'37' 42"W
FL 7 82.75' N56 '02'14"E
FL8 42.82' N41'21'35"E
FL9 9.36' N20'39'27"W
FL 10 43.46' N43'35'52"E
FLll 7.85' N24'19'13"E
FL 12 7.67' N04'58'00"W
FL13 32.09' N29'05'37"E
FL14 17.85' N39'42'45"E
FL 15 9.17' N54'35'14"E
FL16 10.56' N75'50'37"E
FL 17 79.68' N06'03'39"E
FL 18 81.39' N73"18'56"E
FL19 15.82' N32'32'38"E
FL20 9.41' N5T15'07"E
FL21 16.01' N77'OO'53"E
FL22 13.21' N13'04'25"W
FL23 12.25' NOO'27'47"E
FL24 8.46' N34'13'57"W
FL25 28.60' N14'23'11 "E
. .. . ' .... : ........... ,," . . .. ' ' .... " ..
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:", :",: :' .. . . ' ... ,
:,:/ ' .. : : .. ,:
. . : . -',
", :.' ..
. . ',' .
. . . . .
SEE SHEET 3
CA "Ell!ln--,
26,127 SQ FT I
0.60 AC
I
LOT 15
9,100 SQ FT
0.21 AC
... ," ' ..... ,', ....
, " " .. " '.
: ' " • "#' ", ...
' .. " ".:' ... ' .. : : .. ,
C.A. "A"
125,405 SQ FT
2.88 AC
S59'47'46"E
25.40'
LOT 14
9,100 SQ FT
0.21 AC
LOT 13
9,030 SQ FT
0,21 AG
. ..
:",: ,":' , .. ' .', ' . .. .. ,', ,",: r': . :.:. ': ::: : : :.... ; .. ' . . . . : .,':: (:. :,,~, " :",:. '! , .. ' . ,:" '.,: ',.: .. ,'
100 YEAR FLOOD LINE TABLE 100 YEAR FLOOO LINE TABLE
LINE LENGTH BEARING
FL26 23.89' N4T45'37"E
FL27 21.90' N5T50'56"E
FL28 12.25' N33"53'26"W
FL29 24.61' NOO'59'14"E
FL30 18.91' N29'26'35"E
FL31 45.64' N53"09'08"E
FL32 18.71' NOT32'56"W
FL33 90.07' N29'14'40"E
FL34 19.09' N03"41'08"E
FL35 77.19' N25'28'15"E
FL36 59.71' N50'42'27"E
FL37 32.55' N29'18'03"E
FL38 50.25' N15'32'14"W
FL39 32.09' N02'37'09"W
FL40 19.36' N81'38'33"W
FL41 18.92' N4T42'11"W
FL42 138.83' N09'26' 48"W
FL43 44.27' N12'32'30"E
FL44 31.47' N36'56'41"W
FL45 32.43' N16'37'07"W
FL46 16.57' N18'06'13"E
FL47 16.25' N51'03'47"E
FL48 7.47' N03'45'47"W
FL49 18.78' S80'03'57"W
FL50 13.61' N50'14'25"W
LINE LENGTH
FL51 34.24'
FL52 9.65'
FL53 11.65'
FL54 31.50'
FL56 51.34'
FL57 19.94'
FL58 39.53'
FL59 24.94'
FL60 32.68'
FL61 27.27'
FL62 35.66'
FL63 8.11'
FL64 8.47'
FL65 35.77'
FL66 13.26'
FL67 4.78'
FL68 10.29'
FL69 12.51'
FL70 21.46'
FL71 11.35'
FL72 63.57'
FL73 18.07'
FL74 31.74'
FL75 15.44'
BEARING
N21'48'06"W
N68'59'26"W
N83'04'33"W
500'33'25"W
S06'19'56"E
S33'40'47"W
501'45'11 "w
S2T15'53"E
S10'18'05"E
SOO'07' 43"E
S24'04'17"W
SOS'15'38"E
S03'48' 30"W
S25'32'35"W
535'15'24"W
N02'34'13"W
N2T54'06"E
N44'46'57"E
N22'23'58"W
N59'53'35"W
N03'44'13"W
N14'23'01 "E
N04'48'58"W
N14'11'20"W
N10'54'47"E
EROSION HAZARD LINE TABLE EROSION HAZARD LINE TABLE
LINE LENGTH BEARING LINE LENGTH BEARING
EHL1 21.07' N54'OO'12"E EHL26 8.84' N02'24'39"E
EHL2 52.98' N39'43'29"E EHL27 17.56' N69'46'36"W
EHL3 29.72' N20'09'01 "w EHL28 7.60' N37'50' 47"W
EHL4 58.72' N33'57' 46"W EHL29 141.46' N09'10'43"W
EHL5 81.37' N56'02'14"E EHL30 53.12' N12'32' 30"E
EHL6 44.52' N41'46'47"E EHL31 34.93' N09'18'57"W
EHL7 9.33' N20'39'27"W EHL32 51.71' N4 7'09' 32"W
EHL8 42.95' N43'35'52"E EHL33 24.31' N06 '44' 39"W
EHL9 8.50' N18'27'27"E S8T13'10"W
EHL10 14.21' N44'29'38"E EHL35 18.43' S08'15'15"W
EHL11 19.94' N53'17' 43"E EHL36 111.30' SOT47'35"W
EHL12 10.23' N6T45'12"E EHL37 42.67' S02'21 '09"E
EHL 13 89.20' N05'll'Ol "E EHL38 41.22' S06'26'51"W
EHL14 116.74' N74'10'28"E EHL39 15.85' S30'17'30"E
EHL 15 21.17' N41'30'15"E EHL40 14.59' S31'23'20"W
EHL 16 32.11' N20'07'07"E EHL41 23.03' S10'40'23"W
EHL 17 36.82' N05'39'11 "E EHL42 22.36' S1 O'47'02"W
EHL18 45.95' N07'24'04"W EHL43 24.83' S31'05'19"W
EHL 19 56.29' N64'02'58"E EHL44 14.15' SOO'49'16"E
EHL20 142.42' N28'23' 42"E EHL45 19.26' S25'26'05"W
EHL21 64.70' N07'12'08"E
EHL22 37.12' N51'23'59"E
EHL23 42.01' N24'07'54"E
EHL24 37.39' N01'47' 42"E
EHL25 64.93' N12'15'19"W
SEQ. #:
. .' .
. ..
•
LOT 11
11,616 SQ FT
0.27 AC
S78'25'36"£
169,86'
LOT 12
15,723 SQ FT
0,36 AC
100 YEAR
No. RADIUS LENGTH
FC1 11.30' 17.75'
FC2 56.16' 28.12'
FC3 8.78' 10.57'
1'-\ ~
I"'"l en
"n" 4:
~\O
\-n
b
1.0
\
FLOOD CURVE TABLE
CHORD DIST. DELTA
Sll'02'14"W 15.98' 90'00'00"
Sl3'20'10"W 27.83' 28'41'27"
S39'40' 45"W 9.94' 68'59'27"
EROSION HAZARD CURVE TABLE
No. RADIUS LENGTH CHORD DIST. DELTA
EHC1 12.00' 18.85' 511'02'14"W 16.97' 90'00'00"
EHC2 58.00' 50.92' 518'28'08"W 49.30' 50'18'14"
EHC3 10.00' 12.04' S39'40' 45"W 11.33' 68'59'27"
EHC4 43.98' 36.39' S28'56' 31 "E 35.36' 4T24'39"
OVt2t4-tO
FINAL PLAT
4:
MARACAY AT VISTOSO
RESUBDIVISION OF BLOCK 2
•
LOTS 1 THRU 39 AND COMMON AREAS "A" THRU "G"
BEING A RESUBDIVISION OF MARACAY HOMES AT VISTOSO,
BLOCKS 1 lHROUGH 5 AND COMMON AREA "A" AS RECORDED IN
SEQ., , BEING A PORTION OF SECTION 26 TOWNSHIP 11
SOUlH, RANGE 13 EAST, G c!c S.R.M. TOWN OF ORO VAllEY, PIMA
COUNTY, ARIZONA
REF: 001214-02 MARCH 2014 SHEET 2 OF 3
SEQ. #:
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40' 80'
,. ) 2.62..80' N84'5823 E (R.AO ............ . . . . -. . . . . . . . ,
80.2.9
C.A. "A"
125,405 SO FT /'
2.88 AC
uj
,
LOT 39
10,831 SO FT
0.25 AC
S01'27'19"Wj
.-11.39'
CA "B"
146,107 SQ FT
3.35 AC
..
. '. ' ..
120'···· ..
'B
S83'20' 40"[
77.81'
10' P.U.[ -I r-..
S86'12'47"E I ~
12.62'
Engineering • Planning • Surveying
Landscape Architecture· Urban Design
Offices located in Tucson, Phoenix,
Flagstaff. AZ. and Las Vegas, NV.
4444 East B~oadway
Tucson, Arizona (520) 881-7480
,<)/
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7-
1-
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LOT 1
13,778 SQ FT
0.32 AC
LOT 2
10,901 SQ FT
0.25 AC .i.<J
25 o
12.83'--1' ~
LOT 3
10,699 SQ FT
0.25 AC
~ -00 p
.r
'"
CA "G"·
1,645 SO FT
0.04 AC
FNO )2" IP
RLS 14145
LOT 4
16,645 SQ FT
0.38 AC
Il ................. . <J ' .... ". " . : ". :".: :". . ... ' ............ .. ... " .... '.
CA "E"
15'
PUBUC WATER ESM T
,.' ' .. ' .. ' . . . ' ... . : ........ ". , ..
. : : ' .. : : ',,: ' .. : ',,: ". '} '. : : ... :
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. .. .' '. ~. . . '.' '.' .......... ..
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J)ETAIL -A SCALE r=20'
FAR SIDE SIGHT VISIBLITY TRIANGLE DETAIL
LOT 28
LOT 27
J)ETAIL -B SCALE 1"=20'
NEAR SIDE SIGHT VISIBLITY TRIANGLE DETAIL
LOT 9
14,165 SO FT
0.33 AC
CA "E"
7: Q;
EXPIRES 3/31/2015
IN COMPLIANCE WITH CERTIFICATION
SHOWN ON SHEET ONE
SEQ. #:
CURVE TABL[
No. RADIUS L[NGTH CHORD DIST. DELTA
C1 350.00' 115.37' N04'24'58"[ 114.85' 1 8'53'10"
C2 625.00' 77.25' S10'19'06"W 77.20' 1'04'53"
C3 625.00' 52.17' S04'23'12"W 52.15' 4'46'56"
C4 150.00' 45.44' S31'04'22"W 45.26' 11'21'20"
C5 500,00' 59.16' N70'47'07"E 59.12' 6'46' 43"
C6 400.00' 64.47' S69'33'27"W 64.40' 9'14'04"
C7 50.00' 11.88' S16'03'25"[ 11.85' 13'36'52"
C8 54.50' 62.21' N09'50'11 "[ 58.89' 65'24'03"
C9 50.00' 32.62' S23'50' 44"W 32.05' 37'22'56"
C10 50.00' 29.75' S11'53' 32"E 29.32' 34'05'37"
C11 50.00' 4.97' S31'47'21"E 4.97' 5'42'01"
C12 51.00' 21.46' N22'35'07"W 21.30' 24'06'29"
C13 51.00' 60.04' N23'11 '38"E 56.63' 61'27'02"
C14 50.00' 2.66' S55'23'50"W 2.66' 3'02'39"
C15 50.00' 50.19' S25'07'01 "w 48.11' 51'30'58"
C16 375.00' 116.64' S12'33'06"E 116.17' 17'49'18"
C17 375.00' 117.96' S30'28'26"E 117.47' 1 8'01'21"
C18 375.00' 31.18' S41'52'02"[ 31.17' 4'45'52"
C19 51.00' 20.55' N32'42'18"W 20.41' 23'05'20"
C20 51.00' 30.60' N03'58'16"W 30.14' 34'22'46"
C21 51.00' 40.84' N36'09' 43"E 39.76' 45'53'12"
C22 51.00' 122.50' S52'04' 59"[ 95.10' 137'37'23"
C23 50.00' 53.21' N13'45' 38"W 50.74' 60'58'40"
C24 25.00' 46.84' S82'04'22"W 40.28' 101'21'20"
C25 175.00' 2.07' S28'03'21 "w 2.07' 0'40'41"
C26 175.00' 72.21' S15'53' 45"W 71.70' 23'38'31 "
C27 175.00' 81.24' S09'13'30"[ 80.52' 26'35'58"
C28 25.00' 39.30' S67'33'52"[ 35.38' 90'04' 46"
C29 50.00' 53.21' N36'54'25"E 50.74' 60'58'40"
C30 51.00' 117.59' S72'28'11 "w 93.22' 132'06'11 "
C31 51.00' 31.36' N23'51 '52"W 30.87' 35'13'43"
C32 51.00' 24.93' N01'45'04"E 24.68' 28'00'09"
C33 51.00' 20.46' N33'14'45"E 20.32' 22'59'13"
C34 51.00' 20.17' N56'04'04"E 20.04' 22'39'23"
C35 525.00' 39.80' N69'34'03"E 39.79' 4'20'35"
C36 525.00' 22.31' N72'57'24"E 22.31' 2'26'08"
C37 375.00' 8.64' S7T30'53"W 8.64' 1'19'10"
C38 375.00' 51.80' S68'53'51 "w 51.76' 7'54'53"
C39 51.00' 2.65' N66'25' 45"E 2.65' 2'58'40"
C40 51.00' 35.94' N88'06'18"E 35.20' 40'22'26"
C41 51.00' 37.48' S50'39'12"E 36.64' 42'06'35"
C42 51.00' 112.63' S3T40'05"W 91.10' 126'31'59"
. C43 51.00' 30.77' N65'46'51 "w 30.31' 34'34'09"
C44 50.00' 50.03' S77'09' 39"E 47.97' 57'19'45"
C45 475.00' 19.40' N73'OO'16"E 19.40' 2'20'25"
C46 475.00' 36.80' N69'36'54"E 36.79' 4'26'18"
C47 25.00' 15.22' N49'57'26"E 14.98' 34'52'38"
C48 25.00' 24.03' N04'58'52"[ 23.12' 55'04'31"
C49 225.00' 118.40' S01'28'52"E 117.04' 30'09'04"
C50 225.00' 72.39' S16'48'41"W 72.08' 18'26'02"
C51 225.00' 9.29' S27'12' 42"W 9.29' 2'22'00"
C52 175.00' 34.99' S34'07'22"W 34.93' 11'27'21 "
C53 25.00' 24.59' N11'40'20"E 23.61' 56'21'24"
C54 25.00' 9.48' N27'22'00"W 9.42' 21'43'18"
C55 425.00' 237.72' S22'12'12"[ 234.64' 32'02'54"
C56 341.00' 33.66' S03'21 '05"E 33.64' 5'39'19"
C57 341.00' 32.94' S02'14' 35"W 32.92' 5'32'02"
C58 341.00' 30.57' S01'34'42"W 30.56' 5'08'12"
C59 341.00' 24.48' S12'12'13"W 24.48' 4'06'48"
C60 50.00' 11.17' N07'51 '28"E 11.15' 12'48'17"
C61 50.00' 23.92' N12'15'02"W 23.69' 21'24'42"
C62 54.50' 42.16' S03'47' 44"E 41.12' 44'19'17"
C63 50.00' 3.55' N16'19'43"[ 3.55' 4'04'23"
C64 25.00' 49.54' N42'28'43"W 41.82' 113'32'31"
C65 150.00' 59.89' S46'52'49"W 59.50' 22'52'38"
C66 150.00' 73.22' S21'27'25"W 72.50' 27'58'11 "
C67 150.00' 63.79' S04'42'39"[ 63.31' 24'21 '57"
C68 150.00' 71.83' S30'36' 46"[ 71.15' 21'26'16"
C69 150.00' 9.35' S42'27' 49"[ 9.35' 3'34'19"
OVt2t4-tO
FINAL PLAT
MARACAY AT VISTOSO
RESUBDIVISION OF BLOCK 2
LOTS 1 THRU 39 AND CO~~ON AREAS "A" THRU "G"
BEING A RESUBDIVISION OF MARACAY HOMES AT VISTOSO,
BLOCKS 1 lHROUGH 5 AND COMMON AREA "A" AS RECORDED IN
SEQ., , BEING A PORTION OF SECTION 26 TOWNSHIP 11
SOUlH, RANGE 13 EAST, G & 5.R.M. TOWN OF ORO VALLEY, PIMA
REF: 001214-02 MARCH 2014
COUNTY, ARIZONA
SHEET 3 OF 3
SEQ. #:
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Town Council Regular Session Item # G.
Meeting Date:07/02/2014
Requested by: Bayer Vella
Submitted By:Michael Spaeth, Development Infrastructure Services
Department:Development Infrastructure Services
Information
SUBJECT:
Request for approval of a Final Plat for a 36 lot single-family development, located north of Tortolita
Mountain Circle and east of Hohokam Village Place, Rancho Vistoso Neighborhood 11
RECOMMENDATION:
Staff recommends approval subject to the conditions in "Attachment 1."
EXECUTIVE SUMMARY:
The applicant requests approval of the Final Plat (please see Attachment 2) for the Enclave at Stone
Canyon subdivision. The Final Plat includes 36 detached single-family lots, private streets and common
areas. The Final Plat has been reviewed and conforms to the design approved as part of the Conceptual
Site Plan.
BACKGROUND OR DETAILED INFORMATION:
Town Council approval of the Final Plat is required prior to recordation with the Pima County Recorder's
Office. Final Plat approval is required before any improvements such as grading, sewers, water and
paving can begin in a subdivision.
In October 2013, the Conceptual Site Plan (CSP) was conditionally approved by Town Council for the
proposed development. In April of this year, Town Council approved a request by the applicant to
remove a CSP condition of approval relating to sidewalks. The Final Plat, with the conditions of approval
(please see Attachment 1), conforms to the approved CSP and meets all applicable provisions of the
Zoning Code.
Site Conditions
13 acres
Vacant
Proposed Improvements
36 detached single-family lots.
Maximum lot size: 21,000 sq. ft.
Minimum lot size: 9,300 sq. ft.
Major rock outcrops located within individual lots will be protected from development and preserved
as open space
All lots are limited to one-story, with a maximum building height of 23 ft.
All lots will be custom-graded and will not require any major cuts or fills
Previous Approvals
The property was annexed and zoned Rancho Vistoso PAD in 1987
CSP was reviewed by the Conceptual Design Review Board and conditionally approved by Town
Council in October 2013
An applicant request to remove a CSP condition of approval related to sidewalks was approved by
Town Council in April 2014
FISCAL IMPACT:
N/A
SUGGESTED MOTION:
I MOVE to approve the Final Plat for the Enclave at Stone Canyon with the conditions stipulated in
Attachment 1, finding that it is consistent with Town requirements.
OR
I MOVE to deny the Final Plat for the Enclave at Stone Canyon, finding that
__________________________________.
Attachments
Attachment 1 - Conditions of Approval
Attachment 2 - Final Plat
Conditions of Approval
1. Address all redline comments and general comments prior to final Mylar
recordation.
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GENERAL NOTES1. THE GROSS AREA OF THE DEVELOPMENT SITE = 571,333.16 SF (13.12 ACRES )COMMON AREA A (PRIVATE STREETS) = 83,709.50 SF (1.9 ACRES)COMMON AREA B (OPEN SPACE)= 14,554.59 SF (0.33 ACRES)COMMON AREA C (OPEN SPACE)= 2, 526.24 SF (0.06 ACRES)COMMON AREA D (OPEN SPACE)= 12,182.02 SF (0.28 ACRES)25% PROTECTED SLOPE AREA=7,767.00 SF (0.18 ACRES)TOTAL OPEN SPACE= 120,739.35 SF (2.77 ACRES) BLOCK 1= 634,741.55 SF (14.57 ACRES)2. EXISTING ZONING: RANCHO VISTOSO PAD- MEDIUM DENSITY RESIDENTIAL3. SETBACKS PER RANCHO VISTOSO PAD: FRONT = 20 FEET; SIDE = 5 FEET; REAR = 10 FEET4. TOTAL NUMBER OF RESIDENTIAL LOTS IS 36. RESIDENTIAL UNITS PER ACRE = 2.775. TOTAL MILES OF PUBLIC STREETS IS 0 MILES. TOTAL MILES OF PRIVATE STREETS IS 0.4 MILES.6. THE BASIS OF BEARINGS FOR THIS PLAT IS THE CALCULATED BEARING BETWEEN FOUND SURVEYMONUMENTS ON HOHOKAM VILLAGE PLACE AND ROCK HAVEN PLACE AS SHOWN ON THIS PLAT.d, Z/E'K&^/>/E /^EϬϬΣϮϯΖϮϭΗ ͘7. DEVELOPER WILL COVENANT TO HOLD TOWN OF ORO VALLEY, ITS SUCCESSORS AND ASSIGNS,HARMLESS IN THE EVENT OF FLOODING, FLOWING EROSION, OR DAMAGE CAUSED BY WATER,WHETHER SURFACE FLOW OR RAINFALL.8. DRAINAGEWAYS AND/OR DRAINAGE SYSTEMS TO BE CONSTRUCTED ACCORDING TO APPROVED PLANSPRIOR TO THE ISSUANCE OF ANY BUILDING PERMITS FROM THE TOWN OF ORO VALLEY AND/ORBUILDING OFFICIAL FOR LOTS AFFECTED AS OUTLINED ON PLAT.9. A HOMEOWNERS ASSOCIATION WILL BE FORMED TO ACCEPT RESPONSIBILITY FOR MAINTENANCE,CONTROL, SAFETY LIABILITY OF PRIVATE STREET, DRAINAGE EASEMENTS AND COMMON AREAS.10. AVERAGE RESIDENTIAL LOT SIZE =12,638 SF.MAXIMUM LOT SIZE=21,574 SF.MINIMUM LOT SIZE= 9,336 SF.11. MAXIMUM BUILDING HEIGHT PER THE PAD ZONING IS 30', TWO-STORIES.THE PROPOSED RESIDENCES WILL BE LIMITED TO SINGLE-STORY AT 23' OR LESS IN HEIGHT.12. ALL REQUIRED PARKING (AT LEAST 2 SPACES + 2 GUEST SPACES PER OVZCR SECTION 27.7.D.1.C.) WILLBE OFF STREET ON SITE.13. THIS DEVELOPMENT WILL BE SERVED BY ORO VALLEY UTILITY, WHICH HAS BEEN DESIGNATED ASHAVING AN ASSURED 100-YEAR WATER SUPPLY BY THE DIRECTOR OF WATER RESOURCES.14. UTILITIES WILL BE LOCATED UNDERGROUND IN CONFORMANCE WITH ARIZONA CORPORATIONCOMMISSION AMENDED GENERAL ORDER U-48.15. ALL ROADS MUST BE POSTED AS PRIVATE ROADS. ORO VALLEY POLICE MUST BE PROVIDED THEACCESS CODE TO THE GATE (IF ANY). ALL GATES INSTALLED ACROSS FIRE APPARATUS ACCESS ROADSSHALL BE INSTALLED IN COMPLIANCE WITH APPENDIX D OF THE FIRE CODE. ALL ELECTRICALLYOPERATED GATES SHALL INCLUDE PREEMPTION OPERATING EQUIPMENT COMPATIBLE WITH THE FIREDEPARTMENT'S SYSTEM.16. THERE WILL BE NO FURTHER SUBDIVISION OF ANY LOTS WITHOUT THE WRITTEN APPROVAL OF THEORO VALLEY TOWN COUNCIL.17. THE AREA BETWEEN 100 YEAR FLOOD LIMITS REPRESENTS AN AREA THAT MAY BE SUBJECT TOFLOODING FROM A 100 YEAR FREQUENCY FLOOD AND ALL LAND IN THIS AREA WILL BE RESTRICTEDTO USES THAT ARE COMPATIBLE WITH FLOOD PLAIN MANAGEMENT AS APPROVED BY THE TOWNENGINEER.ASSURANCE IN THE FORM OF ___________________ FROM TITLE SECURITYAGENCY OF ARIZONA, INC. AS RECORDED IN SEQUENCE ________________, IN THEOFFICE OF THE PIMA COUNTY RECORDER, HAS BEEN PROVIDED TO GUARANTEEDRAINAGE AND STREET IMPROVEMENTS (INCLUDING MONUMENTS) AND UTILITYIMPROVEMENTS (ELECTRIC, TELEPHONE, GAS, SEWER, AND WATER) IN THISSUBDIVISION.ASSURANCES IN THE FORM OF _________________________, FROM__________________ ___________________IN THE AMOUNT OF_______________, HAVE BEEN PROVIDED TO GUARANTEE THE RE-SEEDING OF THISSUBDIVISION IN THE EVENT THE PROJECT IS ABANDONED.ASSURANCESBYMAYOR, TOWN OF ORO VALLEYDATEACKNOWLEDGEMENT:STATE OF ARIZONA) ) SSCOUNTY OF PIMA )ON THIS THE _____ DAY OF ________________, 2014, BEFORE ME, THEUNDERSIGNED, PERSONALLY APPEARED __________________ WHO ISACKNOWLEDGED HER/HIM SELF TO BE THE _________________ BEINGAUTHORIZED TO DO SO, EXECUTED THE FOREGOING INSTRUMENT FOR THEPURPOSES THEREIN CONTAINED. IN WITNESS WHERE I HEREUNTO SET MY HANDAND OFFICIAL SEAL.NOTARY PUBLICMY COMMISSION EXPIRES BENEFICIARY OF TRUSTTHE BENEFICIARY OF TITLE SECURITY TRUST OF ARIZONA, INC. TRUST #18384-T ISENCLAVE HOLDINGS, LLC, AN ARIZONA LIMITED LIABILITY COMPANY C/OTERRAMAR PROPERTIES, INC.2200 EAST RIVER ROAD, SUITE 105TUCSON, ARIZONA 85718
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Lot TableLOT #COMMON AREA BCOMMON AREA CCOMMON AREA DLOT 1LOT 2LOT 3LOT 4LOT 5LOT 6LOT 7LOT 8LOT 9LOT 10LOT 11LOT 12LOT 13LOT 14LOT 15LOT 16LOT 17 Area (Sf)14,554.592,526.2412,182.0217,394.8613,425.199,336.3712,992.7010,111.8113,228.3214,446.9213,457.3210,921.829,889.2713,848.6211,361.8511,228.9513,372.0613,764.0514,605.5710,453.50 Acreage0.330.060.280.400.310.210.300.230.300.330.310.250.230.320.260.260.310.320.340.24 Lot TableLOT #LOT 18LOT 19LOT 20LOT 21LOT 22LOT 23LOT 24LOT 25LOT 26LOT 27LOT 28LOT 29LOT 30LOT 31LOT 32LOT 33LOT 34LOT 35LOT 36 Area (Sf)14,350.0914,973.6015,169.4413,122.5612,964.2211,031.4712,344.9012,308.1314,547.7010,247.9410,369.2211,655.0213,280.2010,744.019,451.7012,705.9112,707.7710,973.4921,574.51 Acreage0.330.340.350.300.300.250.280.280.330.240.240.270.300.250.220.290.290.250.50Line TableLine #L1L2L3L4L5L6L7L8L9L10L11L12L13L14L15L16L17L18L19L20 Length (Ft)43.9441.576.3014.5330.5043.9474.1125.3029.227.804.7115.2042.6535.8228.5949.00101.0632.207.8650.74 Direction^ϬϲΣϰϴΖϯϲΗt^ϲϲΣϱϱΖϰϱΗ ^ϯϵΣϬϲΖϮϴΗtEϱϲΣϰϳΖϭϮΗtEϭϭΣϱϳΖϬϴΗt^ϬϲΣϰϴΖϯϲΗt^ϭϳΣϭϲΖϱϭΗ ^ϭϳΣϭϲΖϱϭΗ ^ϭϮΣϰϰΖϮϰΗt^ϭϮΣϰϰΖϮϰΗtEϬϲΣϰϴΖϯϬΗ EϯϮΣϰϱΖϰϮΗt^ϭϮΣϱϲΖϱϳΗ ^ϯϴΣϱϱΖϭϱΗ ^ϬϭΣϱϳΖϯϮΗt^ϬϳΣϮϵΖϭϭΗtEϬϯΣϮϲΖϱϵΗtEϬϭΣϱϳΖϯϮΗ EϱϵΣϰϱΖϱϵΗ ^ϮϵΣϰϴΖϮϳΗ Line TableLine #L21L22L23L24L25L26L27L28L29L30L31L32L33L34L35L36L37L38L39L40 Length (Ft)48.2512.6437.8816.5450.523.5442.6512.78NOTNOT46.3622.4326.09NOT8.7139.66NOT12.7851.7343.94 Direction^ϴϵΣϯϬΖϱϮΗ EϬϬΣϬϬΖϬϬΗ EϬϬΣϬϬΖϬϬΗ ^ϳϵΣϬϭΖϰϭΗt^ϬϬΣϬϬΖϬϬΗ ^ϱϵΣϰϱΖϱϵΗtEϭϮΣϱϲΖϱϳΗtEϳϰΣϯϳΖϯϰΗ USEDUSED^ϴϴΣϰϮΖϱϴΗtEϬϭΣϯϳΖϭϴΗ EϲϴΣϰϭΖϱϭΗ USED^ϴϴΣϰϬΖϮϮΗ ^ϴϴΣϰϬΖϮϮΗ USED^ϳϰΣϯϳΖϯϰΗtEϭϳΣϭϲΖϱϭΗtEϬϲΣϰϴΖϯϲΗ Line Tabl
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Line #L41L42L43L44L45L46L47 Length (Ft)49.8047.6733.926.6477.892.0315.08
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25'COMMON AREA D 25'
Town Council Regular Session Item # H.
Meeting Date:07/02/2014
Requested by: Bayer Vella
Submitted By:Rosevelt Arellano
Development Infrastructure Services
Department:Development Infrastructure Services
Information
SUBJECT:
Resolution No. (R)14-37, authorizing and accepting a land donation of a half-acre residential lot in the
Canada Del Oro Estates subdivision, located on the south side of Lambert Lane and west of 1st Avenue
RECOMMENDATION:
Staff recommends approval.
EXECUTIVE SUMMARY:
The property owner, Shay Kinney, is donating a vacant half-acre residential lot in the Canada Del Oro
Estates subdivision, located on the south side of Lambert Lane and west of 1 st Avenue (map provided
as Attachment 2). The property owner would like to donate the property for the following reasons: 1) The
owner does not want to develop the lot; 2) The owner no longer wants to pay property taxes on this lot.
The property owner has submitted a clean title report that shows no outstanding liens, liabilities or taxes
on the property. Should the land donation be approved, the Town does not have to pay any taxes on the
donated land.
Assuming the Town acquires ownership, the donated land could provide the following potential benefits:
1) recreational area (i.e. pedestrian/bicycle rest stop) due to its proximity to a multi-use path; 2) Park &
Ride; 3) transit stop; 4) open space; etc.
BACKGROUND OR DETAILED INFORMATION:
The land donation requires Town Council approval prior to being recorded with Pima
County. Acceptance of this parcel is at the sole discretion of Town Council.
Existing Site Conditions
Size: 0.59 acres (25,700 square feet)
Access: Lambert Lane and multi-use path
Topography: Mild to moderate slopes along the north property line
Land use: Vacant land
Zoning: Rivers Edge PAD, CR-5 (Single and Multi-family Homes) Zoning Designation
Surrounding Conditions
Land use:
North: Large lot single-family homes (zoned R1-144)
South: Tucson Electric Power substation
East: Vacant land (75’ right-of-ways)
West: Single-family homes (zoned CR-5)
This is the first time in recent history (within the past 10 years) that an individual has donated land to the
Town. The owner has provided the Town with a clear and marketable title, as well as a survey boundary
of the dedicated property.
The Town has processes and requirements for the acceptance of private streets, sidewalks, trails,
drainage and utility easements as public domain. Within these processes, there are requirements for
several elements to safeguard the Town from future encumbrances or costs. The individual donating the
land has satisfied or is not subject to most of the street dedication requirements as specified in the Town
Code, Section 7-8. The following is a list of the street dedication requirements and the disposition
status of this donation:
Platting or Re-Platting the donated area
A suitable parcel survey has been provided. The parcel was created by the existing Canada
Del Oro Estates plat
Release of easements, liens, other property rights, rights to any person, utility or corporation
previously dedicated, granted or otherwise conveyed
Clear Title Report provided
Marketable Title
Clear Title Report provided
Clean Environmental Audit
Since 90% of this site is road embankment for Lambert Lane, no environmental issues are
expected in this area. The only portion of the site possibly subject to hazard is the
approximate 10% next to the existing TEP substation. Combined with the area next to the
substation not being used for anything more than possibly a municipal path/trail,
the small size of possible exposure area and no recorded environmental issues in the title
report, this requirement was waived.
Map and plat showing proposed right-of-way widths, etc.
A suitable parcel survey has been provided
Hydrology Report
Not required - the size of the parcel is under 1 acre and there are no washes onsite
Existing street construction details
Not applicable
Date of street construction completion and associated maintenance records
Not applicable
FISCAL IMPACT:
Dependent on future planning for the site.
SUGGESTED MOTION:
I MOVE to (adopt or deny) Resolution No. (R)14-37, authorizing and approving a land donation of a 0.59
acre residential lot as described in the legal description and exhibit in Attachment 1.
Attachments
Attachment 1 - (R)14-37 Land Donation CDO Estates Subdivision
Attachment 2 - Location Map
RESOLUTION NO. (R)14-37
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF
ORO VALLEY, ARIZONA, AUTHORIZING AND ACCEPTING A LAND
DONATION OF A HALF ACRE RESIDENTIAL LOT IN THE CANADA
DEL ORO ESTATES SUBDIVISION, LOCATED ON THE SOUTH SIDE
OF LAMBERT LANE AND WEST OF FIRST AVENUE
WHEREAS, The Town of Oro Valley acquires land from time to time for open space,
improvements and other municipal uses; and
WHEREAS, property owner, Shay Kinney desires to donate said property herein described to
the Town as provided for in Exhibit A; and
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Oro
Valley, Arizona, that:
1.The Town Manager and other administrative officials, or their designees, are
hereby authorized to take such steps as necessary to execute and implement the
terms of the land donation through the title company.
PASSED AND ADOPTED by the Mayor and Council of the Town of Oro Valley, Arizona, this
2nd day of July, 2014.
TOWN OF ORO VALLEY, ARIZONA
____________________________________
Dr. Satish I. Hiremath, Mayor
ATTEST:APPROVED AS TO FORM:
_________________________________________________________________
Julie K. Bower, Town Clerk Tobin Sidles, Legal Services Director
_________________________________________________________________
Date Date
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EXHIBIT “A”
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LEGAL DESCRIPTIO N
A parcel of land lying in a portion of the Northeast one-quarter of Section 12,Township 12
South,Ran ge 13 East,G&SRM,Pima C ounty ,Arizona,more particularly described as follows:
COMMENCING at the East one quarter corner of said Section 12.
THENCE North 89 degrees 59 minutes 56 seconds West,along the South line of said North one-
quarter,a distance of 75.00 feet,to the POINT OF BEGINNING ;
THENCE North 00 degrees 13 minutes 34 seconds East, a distance of 2 18.38 feet,to a point on
a non-tangent curve. Said point is on the Southeasterly Right of Way of Lambert Lane. A
radial line from the center,through said point bears South 41 degrees 5 1 minutes 50 seconds
East;
THENCE 2 11.80 feet along said curve ,to th e right ,having a radiu s of 1837.95 feet through a
central angle of 06 degrees 36 minutes 10 seconds;
THENCE South 00 degrees 13 minutes 34 seconds West, a distance of 86.42 feet,to a point on
the South line of the Northeast one-quarter of Section 12;
THENCE South 89 degrees 59 minutes 56 seconds East, along said South line,a distance of
165.00 feet,to the POINT OF BEGINNING.
Containing 24,715 sq.ft.or 0.567 acres more or less.
Page I of 1
LOCATION MAP
Kinney Land Donation
Attachment 2
Town Council Regular Session Item # I.
Meeting Date:07/02/2014
Submitted By:Julie Bower, Town Clerk's Office
Department:Town Clerk's Office
Information
SUBJECT:
Resolution No. (R)14-38, authorizing and approving an intergovernmental agreement between the Town
of Oro Valley and Pima County regarding payment for the incarceration of municipal prisoners
RECOMMENDATION:
Staff recommends approval.
EXECUTIVE SUMMARY:
The annual Intergovernmental Agreement with Pima County that permits the Town to house Oro Valley
municipal prisoners in the Pima County Jail is up for renewal as of June 30, 2014. Payment for
incarceration of municipal prisoners in county jails is necessary because of a state law passed in 1989
mandating that cities and towns pay for this service.
Pima County has set the incarceration fees for FY 2014/15 as follows: $257.83 to cover booking and
intake expenditures and prisoner housing for the first day, and $80.10 per subsequent day for each
prisoner. The initial day amount has increased $4.01, while the cost for each additional day has
decreased $5.48 from the current FY 2013/14 fees. A two-day stay for a prisoner will now cost a total of
$337.93 next fiscal year, which is a decrease of $1.47 over the current fiscal year. The alternative is for
the Town to house its own municipal prisoners, which would be cost prohibitive.
BACKGROUND OR DETAILED INFORMATION:
N/A
FISCAL IMPACT:
The FY 2014/15 Custody of Prisoners budget has been decreased by $10,000 to $140,000. The
decrease is based on past trends in custody expenditures.
SUGGESTED MOTION:
I MOVE to approve Resolution No. (R)14-38, authorizing and approving an intergovernmental agreement
between the Town of Oro Valley and Pima County regarding payment for the incarceration of municipal
prisoners.
Attachments
(R)14-38 IGA Municipal Prisoner Incarceration
IGA
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RESOLUTION NO. (R)14-38
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF
ORO VALLEY, ARIZONA, AUTHORIZING AND APPROVING AN
INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF
ORO VALLEY AND PIMA COUNTY FOR PAYMENT FOR THE
INCARCERATION OF MUNICIPAL PRISONERS
WHEREAS,pursuant to A.R.S. § 11-952, the Town of Oro Valley is authorized to enter into or
renew agreements for joint and cooperative action with other public agencies; and
WHEREAS, the Town of Oro Valley is authorized to establish and maintain the Oro Valley
Police Department, pursuant to A.R.S. § 9-240 (B)(12); and
WHEREAS,pursuant to A.R.S. § 31-121(D), an individual may be incarcerated in a county jail
and the costs of incarceration shall be paid by the municipality having established the municipal
court in which the charges have been filed; and
WHEREAS,Pima County shall receive and detain all municipal prisoners who are medically fit
to be incarcerated in the detention facilities maintained and operated by Pima County; and
WHEREAS, the Town desires to enter into an Intergovernmental Agreement with Pima County
to set forth the terms and conditions for the incarceration of municipal prisoners in the detention
facilities maintained and operated by Pima County; and
WHEREAS,it is in the best interest of the Town to enter into the Intergovernmental Agreement,
attached hereto as “Exhibit “A” and incorporated herein by this reference, in order to set forth
the terms and conditions relating to the incarceration of municipal prisoners in the detention
facilities maintained and operated by Pima County for a term effective July 1, 2014 through June
30, 2015.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Oro
Valley, Arizona, that the Intergovernmental Agreement, attached hereto as “Exhibit “A”,
between the Town of Oro Valley and Pima County for the incarceration of municipal prisoners is
hereby authorized and approved.
BE IT FURTHER RESOLVED that the Mayor and any other administrative officials of the
Town of Oro Valley are hereby authorized to take such steps as are necessary to execute and
implement the terms of the Intergovernmental Agreement.
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PASSED AND ADOPTED by the Mayor and Council of the Town of Oro Valley, Arizona, this
2nd day of July, 2014.
TOWN OF ORO VALLEY, ARIZONA
Dr. Satish I. Hiremath, Mayor
ATTEST:APPROVED AS TO FORM:
Julie K. Bower, Town Clerk Tobin Sidles, Legal Services Director
Date:Date:
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EXHIBIT “A”
INTERGOVERNMENTAL AGREEMENT
BETWEEN
PIMA COUNTY
AND
TOWN OF ORO VALLEY
FOR
PAYMENT FOR THE INCARCERATION
OF MUNICIPAL PRISONERS
This Intergovernmental Agreement (lOA) is entered into by and between Pima County, a
body politic and corporate of the State of Arizona ("County") and the Town of Oro Valley, a
municipal corporation ("Town") pursuant to AR.S. § 11-952.
Recitals
County and Town may contract for services and enter into agreements with one another for
joint or cooperative action pursuant to A.R.S. § 11-951, et seq.
County and Town desire to enter into an agreement to incarcerate Town's municipal
prisoners in the Pima County Adult Detention Complex ("PCADC").
NOW, THEREFORE, County and Town, pursuant to the above, mutually agree as follows:
Agreement
I. Purpose
This lOA sets forth the terms and conditions under which Town's municipal prisoners
shall be incarcerated in the PCADC.
II. Scope
County shall receive and detain all Town municipal prisoners who are medically fit to be
incarcerated by County. County shall provide booking services, and after booking provide for
the care, feeding and medical care of said prisoners.
"Town municipal prisoner" shall mean any person who has been incarcerated as a result
of a charge pending in the Town of Oro Valley Court, or as a result of an agreement between the
Town and another jurisdiction to allow the person to serve his sentence locally, or has been
sentenced pursuant to an order of the Oro Valley Town Court and for whom the Town has the
legal obligation to provide or pay for prisoner housing. A prisoner arrested by Town of Oro
Page 1 of9
Valley Police Department solely on another governmental entity's warrant is not a Town
prisoner.
In regard to booking and related services and procedures, upon submission of the
completed booking document to the PCADC Intake Support Specialist, County will immediately
accept into custody all Town arrestees that present no obvious health issues that make the
prisoner medically unacceptable for booking. Town agrees that such conditional acceptance will
shorten the time officers spend in the booking process and benefit the Town. Within the initial
ninety (90) minutes, County medical providers shall make a determination as to the prisoner's
medical condition. Town agrees that if the prisoner presents a serious, emergent medical
problem requiring hospital examination or medical rejection for booking within ninety (90)
minutes of the time of conditional acceptance, Town shall send an officer to the PCADC to
transport the prisoner for such medical examination or care as may be medically required as soon
as possible. If a prisoner is taken from the PCADC for medical evaluation and returned to be
incarcerated, Town shall not be charged twice for the first day billing rate of $257.83. By
conditionally accepting the prisoner for the initial ninety (90) minute evaluation period, County
does not in any way accept responsibility for the cost of medical care to be provided to that
prisoner should it be determined by County that the prisoner requires hospitalization or that the
prisoner is medically unacceptable for booking. County shall provide such booking and related
services as prescribed by operations plans jointly approved by the Town of Oro Valley Police
and the Sheriff of Pima County.
Transportation of prisoners to Town of Oro Valley Court or other locations, only as
ordered by Town of Oro Valley Court, shall be the responsibility of the Town. County shall be
responsible for transportation of prisoners for medical care after the prisoner has been in PCADC
custody for ninety (90) minutes or more.
III. Financing
Town shall pay a first day billing rate of $257.83 to cover booking and intake
expenditures and prisoner housing. For each billable day following the first day, Town shall pay
$80.10 per day. The two rates are applicable to the period July 1,2014 through June 30, 2015.
The billing day as defined herein applies to each Town prisoner who is an inmate in, or under the
control ofthe PCADC.
A. Criteria and Rules Governing Billing:
1. A "billable day" means that period commencing at 0000 hours and ending
as 2359 hours that same day, or any fractional part thereof, of any day the
Town prisoner is in the custody or control of the PCADC.
2. A "modified billable day" means a billable day which is modified to
reduce billing to one billable day at the first rate. "Modified billable days"
are only applicable when applied to pretrial Town defendants who are
booked between 1800-2359 hours one day and released on the Town
charge at the first AM initial appearance the following day.
Page 2 of9
3. "Billable custody" means any pretrial custody involving a misdemeanor
offense which will be tried or adjudicated in Town of Oro Valley Court, or
any custody pursuant to a sentence imposed by Town Of Oro Valley
Court.
4. "Local limited jurisdiction courts" means those courts whose criminal
jurisdiction is limited to misdemeanor offenses.
B. Criteria for Assessment of Billing:
I. The costs of incarceration of Town prisoners shall commence on the day
the prisoner is booked or held based on a Town charge into, or sentenced
by, Town Of Oro Valley Court. Costs for incarceration shall cease under
the guidelines established under the definition of "billable day." For
Town pretrial defendants booked between 1800 and 2400 hours one day
and released on all Town charges at or by the AM initial appearance the
following morning, the Town shall be billed according to the guidelines
established under the definition of "modified billable day."
2. When a prisoner is in custody for a charge or sentence from more than one
local limited jurisdiction court, the billing charges for days of joint
custody shall be apportioned. Costs for incarceration for days of joint
custody shall be apportioned evenly based on the guidelines established
under the definition of "billable day" among those jurisdictions from
which the joint custody arises.
3. A Town prisoner who is subsequently charged into Pima County Superior
Court and held in-custody on felony charges will cease to accrue billing
charges after 2359 hours on the date that custody for felony charges is
established. Felony custody shall take effect on the date when charging
information is received in the PCADC Records Section and the prisoner is
actually being held in-custody on the felony charges.
4. In the event of an escape, billing charges will cease to accrue after 2359
hours on the day of escape. In the event of a failure to report from
authorized leave, billing charges will cease after 2359 hours of the last day
of custody. Billing charges will begin again on the day the prisoner is
recaptured or returned to custody and is actually being held in the
PCADC.
County will submit a statement of Town prisoner charges on a monthly basis. This
statement shall provide information in alphabetical order as follows: name of prisoner, booking
date, release date, indication of booking day billing or subsequent day billing, billing period,
daily rates, total billing days, and the total bill. Town shall be allowed access to necessary
computer systems in a timely manner to verify the billing.
Page 3 of9
Any individual prisoner charges disputed shall be made known to the County within
thirty (30) days after receipt of the monthly billing. If Town notifies County of a dispute within
thirty (30) days of receipt of the monthly billing, Town may withhold payment on those specific
prisoners for whom billing is disputed until the dispute is resolved. No dispute will be accepted
if not made within thirty (30) days after receipt of the monthly billing. Disputes about the billing
statement shall be jointly reviewed by both parties and satisfactorily resolved within forty-five
(45) days of the monthly billing. All charges shall be paid within sixty (60) days of receipt ofthe
monthly billing, excluding disputed charges. Disputed charges shall be paid within thirty (30)
days of resolution of the dispute. Charges remaining unresolved after the sixty (60) day period
may be arbitrated by a mutually accepted third party. Town agrees to pay interest on outstanding
charges beginning on the tenth day after resolution of the billing at a rate of 10% per annum until
paid. Town agrees that when a check is sent to County in payment of a previously disputed
charge, Town will attach an invoice detailing what specific charges are being paid. Town agrees
that when funds are withheld due to a disputed charge, the specific charge disputed and the
amount of payment being withheld will be specified on an invoice attached to the payment check
for the period in which the disputed charge was included. Town agrees to attach to each check
submitted to County an invoice indicating the dates for which that check is to be applied.
Neither Party shall be obligated to the other for any costs incurred pursuant to this lOA
except as proved herein.
IV. Term
This lOA is for the period July 1,2014 through June 30, 2015 and shall be effective upon
execution by the governing boards of the Parties. The Parties shall have the option of extending
this lOA for four (4) additional one-year periods or any portion thereof. Any revisions or
extensions of this lOA shall be by written amendment executed by the governing boards of the
Parties.
V. Termination
Either Party may at any time and without cause terminate this lOA by providing the other
Party ninety (90) days written notice of intent to terminate.
VI. Jurisdiction
Nothing in this IGA shall be construed as either limiting or extending the statutory
jurisdiction of the Parties.
VII. Indemnification
To the extent permitted by law, each party (as Indemnitor) agrees to indemnify, defend
and hold harmless the other party (as Indemnitee) from and against any and all claims, losses,
liability, costs or expenses (including reasonable attorney's fees) (hereinafter collectively
referred to as "claims") arising out of bodily injury of any person (including death) or property
damage, but only to the extent that such claims which result in vicarious/derivative liability to
Page 4 of9
the Indemnitee, are caused by the act, omission, negligence, misconduct, or other fault of the
Indemnitor, its officers, officials, agents, employees, or volunteers.
VIII. Insurance
Each Party shall obtain and maintain at its own expense, during the entire term of this
lOA the following type(s) and amounts of insurance:
a) Commercial Oeneral Liability in the amount of $1,000,000.00 combined single
limit Bodily Injury and Property Damage.
b) Commercial or Business automobile liability coverage for owned, non-owned and
hired vehicles used in the performance of this Contract with limits in the amount
of $1,000,000.00 combined single limit or $1,000,000.00 Bodily Injury,
$1,000,000.00 Property Damage.
c) If required by law, workers' compensation coverage including employees'
liability coverage.
Parties to this lOA shall provide thirty (30) days written notice to all other Parties of
cancellation, non-renewal or material change of coverage.
The above requirement may be alternatively met through self insurance pursuant to
A.R.S. §§ 11-261 and 11-981 (or if a school district, § 15-382) or participation in an insurance
risk pool under A.R.S. § 11.952.01 (if a school district, § 15-382), at no less than the minimal
coverage levels set forth in this article. Parties to this agreement shall provide thirty (30) days
written notice to all other Parties of cancellation, non-renewal or material change of coverage.
IX. Compliance With Laws
The Parties shall. comply with all federal, state and local laws, rules, regulations,
standards and Executive Orders, without limitation to those designated within this lOA. The
laws and regulations of the State of Arizona shall govern the rights of the Parties, the
performance of this lOA and any disputes hereunder. Any action relating to this lOA shall be
brought in an Arizona court in Pima County.
X. Arbitration
The Parties agree to be bound by arbitration, as provided by in Arizona Revised Statutes
§ 12-1501 et. seq., to resolve disputes arising out of this lOA where the sole relief sought is
monetary damages not in excess of the jurisdictional limit set by the Pima County Superior
Court.
Page 5 of9
XI. Non-Discrimination
The Parties shall not discriminate against any County or Town employee, client or any
other individual in any way because of that person's age, race, creed, color, religion, sex,
disability or national origin in the course of carrying out their duties pursuant to this IGA. The
Parties shall comply with the provisions of Executive Order 75-5, as amended by Executive
Order 99-4, which is incorporated into this IGA by reference, as if set forth in full herein.
XII. ADA
The Parties shall comply with all applicable provisions of the Americans with Disabilities
Act (Public Law 101-336, 42 U.S.C. 12101-12213) and all applicable federal regulations under
. the Act, including 28 CFR Parts 35 and 36.
XIII. Severability
If any provision of this IGA, or any application thereof to the Parties or any person or
circumstances, is held invalid, such invalidity shall not affect other provisions or applications of
this IGA which can be given effect, without the invalid provision or application and to this end
the provisions of this IGA are declared to be severable.
XIV. Conflict of Interest
This contract is subject to cancellation for conflict of interest pursuant to A.R.S. § 38-
511, the pertinent provisions of which are incorporated herein by reference.
XV. Non-Appropriation
Notwithstanding any other provision in this IGA, this IGA may be terminated if for any
reason the Pima County Board of Supervisors does not appropriate sufficient monies for the
purpose of maintaining this IGA. In the event of such cancellation, County shall have no further
obligation to Town other than for payment for services rendered prior to cancellation.
XVI. Legal Authority
Neither Party warrants to the other its legal authority to enter into this I GA. If a court, at
the request of a third person, should declare that either Party lacks authority to enter into this
IGA, or any part of it, then the IGA, or parts of it affected by such order, shall be null and void,
and no recovery may be had by either Party against the other for lack of performance or
otherwise.
XVII. Worker's Compensation
Each Party shall comply with the notice of A.R.S. § 23-1022 (E). For purposes of A.R.S.
§ 23-1022, irrespective of the operations protocol in place, each Party is solely responsible for
the payment of worker' s compensation benefits for its employees.
Page 6 of9
XVIII. No Joint Venture
It is not intended by this IGA to, and nothing contained in this IGA shall be construed to,
create any partnership, joint venture or employment relationship between the Parties or create
any employer-employee relationship between County and any Town employees, or between
Town and any County employees. Neither Party shall be liable for any debts, accounts,
obligations or other liabilities whatsoever of the other, including (without limitation) the other
party's obligation to withhold Social Security and income taxes for itself or any of its employees.
XIX. No Third Party Beneficiaries
Nothing in the provisions of this IGA is intended to create duties or obligations to or
rights in third parties not parties to this IGA or affects the legal liability of either Party to the
IGA by imposing any standard of care with respect to the maintenance of public facilities
different from the standard of care imposed by law.
XX. Notices
Any notice required or permitted to be given under this IGA shall be in writing and shall
be served by delivery or by certified mail upon the other Party as follows (or at such other
address as may be identified by a party in writing to the other party):
County:
Pima County Sheriffs Department
Corrections Bureau Chief
1750 E. Benson Hwy.
Tucson, AZ 85714
With copies to:
County Administrator
130 West Congress Street, 10 th Floor
Tucson, Arizona 85701
Clerk of the Board
130 West Congress, 5th Floor
Tucson, Arizona 85701
Page 7 of9
Town:
TOWN OF ORO VALLEY
11000 North La Canada Dr.
Oro Valley, AZ 85737
XXI. Entire Agreement
This document constitutes the entire Agreement between the Parties pertaining to the
subject matter hereof, and all prior or contemporaneous agreements and understandings, oral or
written, are hereby superseded and merged herein. This IGA shall not be modified, amended,
altered or extended except through a written amendment signed by the Parties.
In Witness Whereof, County has caused this Intergovernmental Agreement to be executed
by the Chair of its Board of Supervisors, upon resolution of the Board and attested to by the
Clerk of the Board, and Town has caused this Intergovernmental Agreement to be executed by
the Mayor upon resolution of the Town Council and attested to by the Town Clerk:
PIMA COUNTY: TOWN OF ORO VALLEY
Chair, Board of Supervisors Mayor
Date Date
Clerk, Board of Supervisors Town of Oro Valley Clerk
Date Date
Page 8 of9
Intergovernmental Agreement Determination
The foregoing Intergovernmental Agreement between Pima County and the Town Of Oro
Valley has been reviewed pursuant to A.R.S. § 11-952 by the undersigned, who have determined
that it is in proper form and is within the powers and authority granted under the laws of the
State of Arizona to those parties to the Intergovernmental Agreement represented by the
undersigned.
PIMA COUNTY: TOWN OF ORO VALLEY.
Deputy County Attorney Town of Oro Valley Attorney
Page 9 of9
Town Council Regular Session Item # J.
Meeting Date:07/02/2014
Requested by: Daniel G. Sharp Submitted By:Colleen Muhr, Police Department
Department:Police Department
Information
SUBJECT:
Resolution No. (R)14-39, authorizing and approving a High Intensity Drug Trafficking Area Grant
Agreement with the City of Tucson, allowing for two (2) officers to be assigned to the Pima
County/Tucson Metropolitan Counter Narcotics Alliance
RECOMMENDATION:
Staff recommends approval.
EXECUTIVE SUMMARY:
Request is being made to enter into an agreement between the City of Tucson and the Town of Oro
Valley for the participation and administration of a multi-agency High Intensity Drug Trafficking Area task
force.
If approved, this agreement will provide continued funding for salary and benefits in the amount of
$108,375 for two (2) Town of Oro Valley Police Department officers for FY 2014-15. These officers are
assigned to the Pima County/Tucson Metro Counter Narcotics Alliance.
BACKGROUND OR DETAILED INFORMATION:
N/A
FISCAL IMPACT:
These positions are funded in the Adopted Budget for FY 2014-15.
SUGGESTED MOTION:
I MOVE to (adopt or deny) Resolution No. (R)14-39, authorizing and approving a High Intensity Drug
Trafficking Area grant agreement between the City of Tucson and the Town of Oro Valley, allowing for
two (2) officers to be assigned to the Pima County/Tucson Metropolitan Counter Narcotics Alliance.
Attachments
(R)14-39 - CNA HIDTA Grant Agreement
CNA HIDTA Grant Agreement
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RESOLUTION NO. (R)14-39
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF
ORO VALLEY, ARIZONA, AUTHORIZING AND APPROVING A HIGH
INTENSITY DRUG TRAFFICKING AREA (HIDTA) GRANT
AGREEMENT BETWEEN THE CITY OF TUCSON AND THE TOWN OF
ORO VALLEY ALLOWING FOR TWO (2) OFFICERS TO BE
ASSIGNED TO THE PIMA COUNTY/TUCSON METROPOLITAN
COUNTER NARCOTICS ALLIANCE (CNA)
WHEREAS, the Town of Oro Valley is authorized to establish and maintain the Oro Valley
Police Department, pursuant to A.R.S. § 9-240 (B)(12); and
WHEREAS, the Town of Oro Valley desires to enter into a Grant Agreement with the City of
Tucson for the participation and administration of a multi-agency High Intensity Drug
Trafficking Area Task Force for a term effective January 1, 2014 through December 31, 2015;
and
WHEREAS, it is in the best interest of the Town to enter into the Grant Agreement, attached
hereto as Exhibit “A” and incorporated herein by this reference, in order to set forth the terms
and conditions to provide for the health, safety and welfare of the residents in the Town of Oro
Valley.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Oro
Valley, Arizona, that:
1.The Grant Agreement, attached hereto as Exhibit “A”, between the Town of Oro
Valley and the City of Tucson to participate in the High Intensity Drug
Trafficking Area (HIDTA) Grant Agreement allowing for two (2) officers to be
assigned to the Pima County/Tucson Metropolitan Counter Narcotics Alliance
(CNA) is hereby authorized and approved.
2.The Mayor, Chief of Police and other administrative officials are hereby
authorized to take such steps as necessary to execute and implement the terms of
the Grant Agreement.
C:\WINDOWS\TEMP\BCL Technologies\easyPDF 6\@BCL@BC15E8C7\@BCL@BC15E8C7.doc Town of Oro Valley Attorney’s Office/ca/033010
PASSED AND ADOPTED by the Mayor and Council of the Town of Oro Valley, Arizona, this
2nd day of July, 2014.
TOWN OF ORO VALLEY, ARIZONA
____________________________________
Dr. Satish I. Hiremath, Mayor
ATTEST:APPROVED AS TO FORM:
_________________________________________________________________
Julie K. Bower, Town Clerk Tobin Sidles, Legal Services Director
_________________________________________________________________
Date Date
EXHIBIT “A”
CITY OF TUCSON
HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA)
GRANT AGREEMENT
COT Grant Number HT-14-2315
This Grant Agreement is made this 1ST day of January 2014 by and between the CITY OF TUCSON
hereinafter called “CITY” and GOVERNING BODY, through Oro Valley Police Department
hereinafter called “GRANTEE”. The CITY enters into this Agreement pursuant to its authority under
the provisions of A.R.S. § 11-951, et seq., and the City of Tucson’s Resolution number 21460, having
satisfied itself as to the qualification of GRANTEE.
NOW, THEREFORE, it is agreed between the parties as follows:
1. This Agreement will commence on January 1, 2014 and terminate on December 31, 2015.
This Agreement expires at the end of the award period unless prior written approval for an
extension has been obtained from the CITY. A request for extension must be received by the
CITY sixty (60) days prior to the end of the award period. The CITY may approve an extension
that further the goals and objectives of the program and shall determine the length of any
extension within Office of National Drug Control Policy (ONDCP) guidelines.
2. The GRANTEE agrees that grant funds will be used for the Counter Narcotics Alliance
(CNA).
3. The CITY will monitor the performance of the GRANTEE against goals and performance
standards outlined in the grant application. Sub-standard performance as determined by the
CITY will constitute non-compliance with this Agreement. The GRANTEE shall operate in a
manner consistent with and in compliance with the provisions and stipulations of the approved
grant application and this Agreement. If the CITY finds non-compliance, the GRANTEE will
receive a written notice that identifies the area of non-compliance, and the appropriate
corrective action to be taken. If the GRANTEE does not respond within thirty calendar days to
this notice, and does not provide sufficient information concerning the steps that are being
taken to correct the problem, the CITY may suspend funding; permanently terminate this
Agreement and/or revoke the grant; Any deviation or failure to comply with the purpose
and/or conditions of this Agreement without prior written CITY approval may constitute
sufficient reason for the CITY to terminate this Agreement; revoke the grant; require the
return of all unspent funds, perform an audit of expended funds; and require the return of any
previously spent funds which are deemed to have been spent in violation of the purpose or
conditions of this grant.
4. This Agreement may be modified only by a written amendment signed by the parties. Any
notice given pursuant to this Agreement shall be in writing and shall be considered to have
been given when actually received by the following addressee or their agents or employees:
A. If to the City of Tucson:
City of Tucson Police Department
HIDTA FIDUCIARY SECTION
270 S. Stone
Tucson, Arizona 85701
Attn: HIDTA Lead Management Analyst
High Intensity Drug Trafficking Area Grant Number HT- 14-2315 Page 2
B. If to the GRANTEE:
Oro Valley Police Department
11000 North La Canada Drive
Oro Valley, AZ 85737
Attn: Chief of Police Daniel Sharp
5. The GRANTEE may make budget adjustments only after written notification with signature
approval from Arizona HIDTA Director is provided to the CITY. A grant adjustment notice
(GAN) will be issued to the GRANTEE notifying the GRANTEE of the approval. Adjustments or
reprogramming of the grantee’s budget in an initiative or any reprogramming between
initiative and/or agencies; in any amount, require the approval of the Board, the AZ HIDTA
Director, and/or the ONDCP in accordance with HIDTA Program Policy and Budget Guidance.
APPROVED LINE ITEM PROGRAM BUDGET
Personnel:
Salaries
Fringe Benefits
Overtime
Travel
Facilities
Services
Operating Expenses:
Supplies
Other
Equipment (listed below)
TOTAL
$85,000.00
$20,400.00
$2,975.00
0.00
0.00
0.00
0.00
0.00
0.00
$108,375.00
See attached for budget detail.
6. The GRANTEE understands that financial reports are required for reimbursement of
expenditures.
7. Every payment obligation of the CITY under this Agreement is conditioned upon the availability
of funds appropriated or allocated for the payment of such obligation. If funds are not
allocated and available for the continuance of this Agreement, this Agreement may be
terminated by the CITY. No liability shall accrue to the CITY in the event this provision is
exercised, and the CITY shall not be obligated or liable for any future payments or for any
damages as a result of termination under this paragraph.
8. The GRANTEE understands that prior to the expenditure of confidential funds, an authorized
official of the GRANTEE shall sign a certification indicating that he or she has read,
understands, and agrees to abide by all of the conditions pertaining to confidential fund
expenditures as set forth in ONDCP Financial and Administrative Guide for Cooperative
Agreements Guidelines and Exhibit B.
High Intensity Drug Trafficking Area Grant Number HT14-2315 Page 3
9. The GRANTEE certifies that it will comply with OMB Circular A-102 Uniform Administrative
Requirements for Grants and Cooperative Agreements to State and Local Governments as
codified in 28 CFR Part 66 and OMB Circular A-87 Cost Principles for State, Local and Indian
Tribal Governments and HIDTA Program Policy & Budget Guidance.
Link: OMB Circulars http://www.whitehouse.gov/omb/circulars/index.html
10. The GRANTEE agrees to account for interest earned on Federal grant funds and shall remit
interest earned in excess of the allowable amount as indicated in the ONDCP Financial and
Administrative Guide for Cooperative Agreements and all unexpended grant funds to the CITY
within 30 days after receipt of a written request from the CITY. The GRANTEE agrees to
expend all encumbered funds within 90 days of expiration of this award.
11. The GRANTEE agrees to retain all books, account reports, files and other records, (paper
and/or electronic) relating to this Agreement and the performance of this Agreement for no
less than five (5) years from the last financial report submitted to the CITY. All such
documents shall be subject to inspection and audit at reasonable times.
12. For the purpose of this grant, a capital expenditure is $1,000 or above. If the GRANTEE’S
policy defines a capital expenditure as less than $1,000, the GRANTEE will use its own policy.
The GRANTEE shall maintain a tracking system, in accordance with ONDCP HIDTA Program
Policy & Budget Guidance Section 8.04(A), to account for all HIDTA purchased equipment,
vehicles, and other items valued at $ 1000 or more at the time of purchase. This also includes
lower cost, high-risk items, electronic devices and software, such as but not limited to digital
cameras, palm pilots, and GPS devices.
The GRANTEE agrees to abide by Section 8.06 that those using HIDTA funds to purchase
equipment must maintain a current inventory of HIDTA-purchased equipment and must
provide that inventory to the HIDTA Director or an ONDCP employee, and/or the CITY upon
request. A 100-percent physical inventory of HIDTA-purchased equipment must be conducted
at least every two years.
13. The GRANTEE agrees to follow equipment disposition policies outlined in OMB Circular A-102
Uniform Administrative Requirements for Grants and Cooperative Agreements to State and
Local Governments as codified in 28 CFR, Part 66.32 (e) (1-3) when the equipment is no
longer needed for the grant program. When no longer needed for the original program, the
equipment may be used in other activities supported by the Office of National Drug Control
Policy.
Link: OMB Circulars http://www.whitehouse.gov/omb/circulars/index.html
The GRANTEE agrees that the purchasing agency shall comply with ONDCP HIDTA Program
Policy & Budget Guidance Section 8.07 in determining the end of the useful life and disposition
of HIDTA purchased equipment. Purchasing agencies must retain documentation of the
disposition and provide to the HIDTA Director and the CITY.
14. The GRANTEE agrees to keep time and attendance sheets signed by the employee and
supervisory official having first hand knowledge of the work performed by the grant funded
employees. The GRANTEE agrees to track overtime expenses in accordance with ONDCP
HIDTA Program Policy & Budget Guidance.
15. The GRANTEE will comply with the audit requirements of OMB Circular A-133 Audits of States,
Local Governments and Non-Profit Organizations and provide the CITY with the audit report
and any findings within 90 days of receipt of such finding. If the report contains no findings,
the GRANTEE must provide notification that the audit was completed.
Link: OMB Circular A-133 http://www.whitehouse.gov/omb/circulars/index.html
High Intensity Drug Trafficking Area Grant Number HT 14-2315 Page 4
16. The GRANTEE agrees that it will submit financial reports and supporting documentation to the
CITY through the AZ HIDTA Finance Manager on forms/format provided by the CITY,
documenting the activities supported by these grant funds. In the event reports are not
received on or before the indicated date(s), funding will be suspended until such time as
delinquent report(s) are received. These reports are submitted according to the following
schedule:
Report Period Month of: Due Date: Report Period Month of: Due Date:
January 1 - 31
February 1 - 29
March 1 – 30
October 1 - 31
November 1 - 30
December 1 - 31
February 25
March 25
April 25
November 25
December 25
January 25
July 1 – 31
August 1 - 31
September 1 – 30
April 1 - 30
May 1 - 31
June 1 - 30
August 25
September 25
October 25
May 25
June 25
July 25
More frequent reports may be required for GRANTEES who are considered high risk.
17. All goods and services purchased with grant funds must be received by the GRANTEE within 60
days of the expiration of this award.
18. The GRANTEE agrees to obtain ONDCP approval through the Arizona HIDTA Director for all
sole-source procurements in excess of $100,000, and provide written notification to the CITY,
as indicated in 21 CFR Part 1403.36(d)(4).
19. The GRANTEE agrees to check the U.S. General Service Administration (GSA) Excluded Parties
Listing Service as required by Executive Order 12549, as defined in 28 CFR Part 67.510 for
individuals, agencies, companies and corporations debarred or suspended from doing business
with recipients receiving Federal funds. The GRANTEE agrees not to do business with any
individual, agency, company or corporation listed in the Excluded Parties Listing Service.
Link: Excluded Parties Listing System http://epls.arnet.gov
20. No funds shall be used to supplant federal, state, county or local funds that would otherwise
be made available for such purposes. Supplanting means the deliberate reduction of State or
local funds because of the existence of Federal funds.
21. The GRANTEE assigns to the CITY any claim for overcharges resulting from antitrust violations
to the extent that such violations concern materials or services applied by third parties to the
GRANTEE in exchange for grant funds provided under this Agreement.
22. The parties agree to use arbitration in the event of disputes in accordance with the provisions
of A.R.S. § 12-1501 et seq.
23. The laws of the State of Arizona apply to questions arising under this Agreement and any
litigation regarding this Agreement must be maintained in Arizona courts, except as provided in
paragraph 25 of this Agreement pertaining to disputes, which are subject to arbitration.
24. The GRANTEE understands that grant funds will not be released until all required reports and
reversion of funds from the prior year grant are submitted to the CITY.
High Intensity Drug Trafficking Area Grant Number HT 14-2315 Page 5
25. The GRANTEE (as “Indemnitor”) agrees to indemnify, defend and hold harmless the CITY (as
“Indemnitee”) from and against any and all claims, losses, liability, costs, or expenses,
(including reasonable attorney’s fees) (hereinafter collectively referred to as “Claims”) arising
out of bodily injury of any person (including death) or property damage, but only to the extent
that such Claims which result in vicarious/derivative liability to the Indemnitee are caused by
the act, omission, negligence, misconduct, or other fault of the Indeminitor, its officers,
officials, agents, employees, or volunteers. If the GRANTEE is a State agency this paragraph
does not apply.
26. Unless GRANTEE is a State agency, GRANTEE shall cause its contractor(s) and subcontractors,
if any to indemnify defend, save and hold harmless the City of Tucson, any jurisdictions or
agency issuing any permits for any work arising out of this Agreement, and their respective
directors, officers, officials, agents, and employees from and against any and all claims,
actions, liabilities, damages, losses or expenses (including court costs, attorneys’ fees, and
costs of claim processing, investigation and litigation) (hereinafter referred to as “Claims” ) for
bodily injury or personal injury (including death), or loss or damage to tangible or intangible
property caused, or alleged to be caused, in whole or in part, by the negligent or willful acts or
omissions of GRANTEE’S contractor or any of the directors, officers, agents, or employees or
subcontractors of such contractor. This indemnity includes any claim or amount arising out of
or recovered under the Worker’s Compensation Law or arising out of the failure of such
contractor to conform to any federal, state, or local law, statute, ordinance, rule, regulation or
court decree. It is the specific intention of the parties that the Indemnitee shall, in all
instances, except for Claims arising solely from the negligence or willful acts or omissions of
the Imdemnitee, be indemnified by such contractor from and against any and all claims. It is
agreed that such contractor will be responsible for primary loss investigation, defense and
judgment costs where this indemnification is applicable. Insurance requirements for any
contractor used by GRANTEE are incorporated herein by this reference and attached to this
Agreement as Exhibit “A”.
27. If the GRANTEE is a governmental political subdivision, the GRANTEE will, to the extent
possible and practical share criminal justice information with other authorized criminal justice
agencies. The process control number (PCN) shall be used in accordance with A.R.S. § 41-
1750 when sharing data with other criminal justice agencies as electronic data systems are
developed or improved.
28. The GRANTEE agrees to comply with the non-discrimination requirements of the Omnibus
Crime Control and Safe Streets Act of 1968, as amended; 42 USC 3789(d); Title VI of the Civil
Rights Act of 1964, as amended; Section 504, Rehabilitation Act of 1973, as amended; Subtitle
A, Title II of the Americans with Disabilities Act (ADA) (1990); Title IX of the Education
Amendments of 1972 and the Department of Justice regulations 28 CFR Part 54; The Age
Discrimination Act of 1975; Department of Justice Non-Discrimination Regulations, 28 CFR Part
42, Subparts C, D, E, G and I; Department of Justice regulations on disability discrimination 28
CFR Part 35; all applicable state laws of A.R.S. § 41-1463; and Executive Orders 1999-4 and
2000-4. These laws prohibit discrimination on the basis of race, color, religion, sex and
national origin including Limited English Proficiency (LEP) in the delivery of service. In the
event that a Federal or State court or Federal or State administrative agency makes a finding
of discrimination after a due process hearing against the GRANTEE, the GRANTEE will forward
a copy of the findings to the Office for Civil Rights, Office of Justice Programs and the CITY.
High Intensity Drug Trafficking Area Grant Number HT14-2315 Page 6
29. The GRANTEE agrees to formulate and keep on file an Equal Employment Opportunity Plan
(EEOP) (if grantee is required pursuant to 28 CFR 42.302). The GRANTEE certifies that they
have forwarded to the Office for Civil Rights, Office of Justice Programs the EEOP, or
certifications that they have prepared and have on file an EEOP, or that they are exempt from
EEOP requirements. Failure to comply may result in suspension of the receipt of grant funds.
Copies of all submissions such as certifications to or correspondence with the Office for Civil
Rights, Office of Justice Programs regarding this requirement must be provided to the CITY by
the GRANTEE.
30. The GRANTEE certifies to comply with the Drug-Free Workplace Act of 1988, and implemented
in 28 CFR Part 67, Subpart F, for grantees, as defined in 28 CFR, Part 67 Sections 67.615 and
67.620.
31. The GRANTEE agrees to complete and keep on file, as appropriate, Immigration and
Naturalization Form (I-9). This form is to be used by recipients to verify that persons are
eligible to work in the United States. Additionally the GRANTEE ensures compliance with
Executive Order 2005-30 federal immigration laws by state employers and contractors.
32. The GRANTEE agrees to notify the Arizona HIDTA Director and provide written notification to
the CITY within ten (10) days in the event that the project official is replaced during the award
period.
33. No rights or interest in this Agreement shall be assigned by GRANTEE without prior written
approval of the CITY.
34. The GRANTEE agrees that no funds provided, or personnel employed under this Agreement
shall be in any way or to any extent engaged in conduct of political activities in violation of
U.S.C. Title 5, Part II, Chapter 15, Section 1502.
35. The GRANTEE certifies that it presently has no financial interest and shall not acquire any
financial interest, direct or indirect, which would conflict in any manner or degree with the
performance of services required under this Agreement.
36. The Grantee certifies that no federal funds will be paid, by or on behalf of, to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any Federal contract, the making of any Federal grant, the
making of any Federal loan, the entering into of any cooperative agreement, and for the
extension, continuation, renewal, amendment, or modification of any Federal contract, grant,
loan or cooperative agreement. If any funds other than Federal funds are paid or will be paid
to any person for influencing or attempting to influence an officer or employee of Congress, or
an employee of a Member of Congress in connection with this Federal award, grant loan, or
cooperative agreement, the GRANTEE will complete and submit to the CITY Standard Form-
LLL, “Disclosure Form to Report Lobbying” in accordance with its instructions
High Intensity Drug Trafficking Area Grant Number HT 14-2315 Page 7
37. This Agreement is subject to cancellation pursuant to the provision of A.R.S. § 38-511.
38. This Agreement may be cancelled at the CITY’s discretion if not returned with authorized
signatures to the CITY within 90 days of commencement of the award.
39. If any provision of this Agreement is held invalid the remainder of the Agreement shall not be
affected thereby and all other parts of this Agreement shall be in full force and effect.
40. Pursuant to resolution number 21460, adopted by Mayor and Council December 15, 2009, the
Tucson Police Chief is authorized to enter into contracts and grant agreements for HIDTA
operations.
41. In accordance with A.R.S. §41-4401, GRANTEE warrants compliance with E-Verify and all
federal immigration laws and regulations relating to employees and warrants compliance with
A.R.S. § 23-214A.
High Intensity Drug Trafficking Area Grant Number HT 14-2315 Page 8
IN WITNESS WHEREOF, the parties have made and executed the Agreement the day and year first
above written.
FOR GRANTEE:
Chief of Police Date
Printed Name and Title
Note: If applicable, the Agreement must be approved by the appropriate county supervisory board
or municipal council and appropriate local counsel (i.e. county or city attorney). Furthermore, if
applicable, resolutions and meeting minutes must be forwarded to the CITY with the signed
Agreement.
Approved as to form and authority to enter into Agreement:
Legal counsel for GRANTEE Date
Printed Name and Title
Statutory or other legal authority to enter into Agreement:
Appropriate A.R.S., ordinance, or charter reference
FOR CITY OF TUCSON:
Roberto A. Villaseñor, Chief of Police Date
City of Tucson Police Department
Lisa Judge, Principal Assistant City Attorney Date
City of Tucson Police Department
Approved as to form
CITY OF TUCSON
GRANT AGREEMENT
Insurance Requirements
Exhibit “A”
Insurance Requirements for Governmental Parties to a Grant Agreement:
None.
Insurance Requirements for Any Contractors Used by a Party to the Grant Agreement:
(Note: this applies only to Contractors used by a governmental entity, not to the governmental entity
itself.) The insurance requirements herein are minimum requirements and in no way limit the indemnity
covenants contained in the Intergovernmental Agreement. The City of Tucson in no way warrants that
the minimum limits contained herein are sufficient to protect the governmental entity or Contractor from
liabilities that might arise out of the performance of the work under this Contract by the Contractor, his
agents, representatives, employees or subcontractors, and Contractor and the governmental entity are
free to purchase additional insurance.
A. MINIMUM SCOPE AND LIMITS OF INSURANCE: Contractor shall provide coverage with limits
of liability not less than those stated below.
1. Commercial General Liability – Occurrence Form
Policy shall include bodily injury, property damage, personal injury and broad form
contractual liability.
General Aggregate $2,000,000
Products – Completed Operations Aggregate $1,000,000
Personal and Advertising Injury $1,000,000
Blanket Contractual Liability – Written and Oral $1,000,000
Fire Legal Liability $50,000
Each Occurrence $1,000,000
a. The policy shall be endorsed to include the following additional insured
language: “The City of Tucson, its departments, agencies, boards,
commissions, universities and its officers, officials, agents, and
employees shall be named as additional insureds with respect to
liability arising out of the activities performed by or on behalf of the
Contractor".
(Note that the other governmental entity(ies) is/are also required to be
additional insured(s) and they should supply the Contractor with their own list
of persons to be insured.)
b. Policy shall contain a waiver of subrogation against the City of Tucson, its
departments, agencies, boards, commissions, universities and its officers,
officials, agents, and employees for losses arising from work performed by or
on behalf of the Contractor.
Exhibit “A” Page 2
2. Automobile Liability
Bodily Injury and Property Damage for any owned, hired, and/or non-owned
vehicles used in the performance of this Contract.
Combined Single Limit (CSL) $1,000,000
a. The policy shall be endorsed to include the following additional insured
language: “The City of Tucson, its departments, agencies, boards,
commissions, universities and its officers, officials, agents, and
employees shall be named as additional insureds with respect to
liability arising out of the activities performed by or on behalf of the
Contractor, involving automobiles owned, leased, hired or borrowed
by the Contractor".
(Note that the other governmental entity(ies) is/are also required to be
additional insured(s) and they should supply the Contractor with their own list
of persons to be insured.)
3. Worker's Compensation and Employers' Liability
Workers' Compensation Statutory
Employers' Liability
Each Accident $500,000
Disease – Each Employee $500,000
Disease – Policy Limit $1,000,000
a. Policy shall contain a waiver of subrogation against the City of Tucson, its
departments, agencies, boards, commissions, universities and its officers,
officials, agents, and employees for losses arising from work performed by or
on behalf of the Contractor.
b. This requirement shall not apply to: Separately, EACH contractor or
subcontractor exempt under A.R.S. 23-901, AND when such contractor or
subcontractor executes the appropriate waiver (Sole Proprietor/Independent
Contractor) form.
B. ADDITIONAL INSURANCE REQUIREMENTS: The policies are to contain, or be endorsed to
contain, the following provisions:
1. The City of Tucson, its departments, agencies, boards, commissions, universities and its officers,
officials, agents, and employees and the other governmental entity shall be additional insureds to
the full limits of liability purchased by the Contractor even if those limits of liability are in excess
of those required by the Contract.
2. The Contractor's insurance coverage shall be primary insurance with respect to all other available
sources.
3. The Contractor's insurance shall apply separately to each insured against whom claim is made or
suit is brought, except with respect to the limits of the insurer's liability. Coverage provided by
the Contractor shall not be limited to the liability assumed under the indemnification provisions of
its Contract with the other governmental entity(ies) party to the Grant Agreement.
Exhibit “A” Page 3
C. NOTICE OF CANCELLATION: Each insurance policy required by the insurance provisions of this
Contract shall not be suspended, voided, cancelled, reduced in coverage or in limits except after
thirty (30) days prior written notice has been given the City of Tucson. Such notice shall be sent
directly to the GRANTEE and shall be sent by certified mail, return receipt requested.
D. ACCEPTABILITY OF INSURERS: Insurance is to be placed with duly licensed or approved non-
admitted insurers in the State of Arizona with an “A.M. Best” rating of not less than A- VII. The City
of Tucson in no way warrants that the above-required minimum insurer rating is sufficient to protect
the Contractor from potential insurer insolvency.
E. VERIFICATION OF COVERAGE: Contractor shall furnish the GRANTEE with certificates of
insurance (ACORD form or equivalent approved by the State of Arizona) as required by this Contract.
The certificates for each insurance policy are to be signed by a person authorized by that insurer to
bind coverage on its behalf.
All certificates and endorsements are to be received and approved before work commences. Each
insurance policy required by this Contract must be in effect at or prior to commencement of work
under this Contract and remain in effect for the duration of the project. Failure to maintain the
insurance policies as required by this Contract, or to provide evidence of renewal, is a material
breach of contract.
All certificates required by this Contract shall be sent directly to the GRANTEE. The City of Tucson’s
project/contract number and project description are to be noted on the certificate of insurance. The
City of Tucson reserves the right to require complete, certified copies of all insurance policies
required by this Contract at any time. DO NOT SEND CERTIFICATES OF INSURANCE TO THE
CITY OF TUCSON’S RISK MANAGEMENT SECTION.
F. SUBCONTRACTORS: Contractor's certificate(s) shall include all subcontractors as insureds under
its policies or Contractor shall furnish to the county or local government agency responsible separate
certificates for each subcontractor. All coverage’s for subcontractors shall be subject to the minimum
requirements identified above.
G. APPROVAL: Any modification or variation from the insurance requirements must have prior
approval from the City of Tucson, Risk Management Section, whose decision shall be final. Such
action will not require a formal contract amendment, but may be made by administrative action.
H. EXCEPTIONS: In the event the Contractor or sub-contractor(s) is/are a public entity, then the
Insurance Requirements shall not apply. Such public entity shall provide a Certificate of Self-
Insurance. If the contractor or sub-contractor(s) is/are a City of Tucson agency, board, commission,
or university then none of the above shall apply.
CITY OF TUCSON
HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA)
GRANT AGREEMENT
Confidential Funds Certification
Exhibit “B”
CONFIDENTIAL FUNDS CERTIFICATION
This is to certify that I have read, understand, and agree to abide by all of the
conditions for confidential funds as set forth in the effective edition of the Office of
National Drug Control Policy Financial and Administrative Guide.
Grant Number: «GrantNumber»
Date: _____________________ Signature: ___________________________
Authorized Official
PROCEDURES
Each project agency authorized to disburse confidential funds must develop and follow
internal procedures, which incorporate the following elements:
Deviations from these elements must receive prior approval of the ONDCP.
1. Imprest Fund. The funds authorized will be established in an imprest fund, which is
controlled by a bonded cashier.
2. Advance of Funds: The supervisor of the unit to which the imprest funds is assigned
must authorize all advances of funds for the P/I. Such authorization must specify the
information to be received, the amount of expenditures, and assumed name of the
informant.
3. Informant Files: Informant files are confidential files of the true names, assumed
names, and signature of all informants to whom payments of confidential
expenditures have been made. To the extent possible, pictures and/or fingerprints of
the informant payee should also be maintained. Refer to Informant Files
“Documentation” (2) for a list of required documents for the informant files.
4. Cash Receipts.
a. The cashier shall receive from the agent or officer authorized to make a
confidential payment, receipt for cash advanced to him/her for such purposes.
b. The agent or officer shall receive from the informant payee a receipt for cash paid
to him/her.
Exhibit “B” Page 2
5. Receipts for Purchase of Information. An Informant Payee Receipt shall identify the
exact amount paid to and received by the informant payee on the date executed.
Cumulative or anticipatory receipts are not permitted. Once the receipt has been
completed no alteration is allowed. The agent shall prepare an Informant Payee
Receipt containing the following information:
a. The jurisdiction initiating the payment.
b. A description of the information/evidence received.
c. The amount of payment, both in numeral and word form.
d. The date on which the payment was made.
e. The signature of the informant payee.
f. The signature of the case agent or officer making payment.
g. The signature of at least one other officer witnessing the payment.
h. The signature of the first-line supervisor authorizing and certifying the payment.
6. Review and Certification. The signed Informant Payee Receipt with a memorandum
detailing the information received shall be forwarded to the agent or officer in
charge. The agent or officer in charge shall compare the signatures. He/she shall
also evaluate the information received in relation to the expense incurred, and add
his/her evaluation remarks to the report of the agent or officer who made the
expenditure from the imprest funds. The certification will be witnessed by the agent
or officer in charge on the basis of the report and Informant Payee’s Receipt.
7. Reporting of Funds. Each project shall prepare a reconciliation report on the imprest
funds on a quarterly basis. Information to be included in the reconciliation report will
be the assumed name of the informant payee, the amount received, the nature of
the information given, and to what extent this information contributed to the
investigation. Recipients/subrecipients shall retain the reconciliation report in their
files and shall be available for review unless the State agency requests that the
report be submitted to them on a quarterly basis.
8. Record and Audit Provisions. Each project and member agency must maintain
specific records of each confidential fund transaction. At a minimum, these records
must consist of all documentation concerning the request for funds, processing (to
include the review and approve/disapprove), modifications, closure or impact
material, and receipts and/or other documentation necessary to justify and track all
expenditures. Refer to Informant Files Documentation (2) for a list of documents,
which should be in an informant’s file. In projects where funds are used for
confidential expenditures, it will be understood that all of the above records, except
the true name of the informant, are subject to the record and audit provision of
grantor agency legislation.
Exhibit “B” Page 3
INFORMANT FILES
1. Security. A separate file should be established for each informant for accounting
purposes. Informant files should be kept in a separate and secure storage facility,
segregated from any other files, and under the exclusive control of the supervisor or
an employee designated by him/her. The facility should be locked at all times when
unattended. Access to these files should be limited to those employees who have a
necessary legitimate need. An informant file should not leave the immediate area
except for review by a management official or the handling agent, and should be
returned prior to the close of business hours. Sign-out logs should be kept indicating
the date, informant number, time in and out, and the signature of the person
reviewing the file.
2. Documentation. Each file should include the following information:
a. Informant Payment Record - kept on top of the file. This record provides a
summary of informant payments.
b. Informant Establishment Record - including complete identifying and location
data, plus any other documents connected with the informant’s establishment.
c. Current photograph and fingerprint card (or FBI/State Criminal Identification
Number).
d. Agreement with cooperating individual.
e. Receipt for P/I.
f. Copies of all debriefing reports (except for the Headquarters case file).
g. Copies of case initiation reports bearing on the utilization of the informant
(except for the Headquarters case file).
h. Copies of statements signed by the informant (unsigned copies will be
placed in appropriate investigative files).
i. Any administrative correspondence pertaining to the informant, including
documentation of any representations made on his behalf or any other
nonmonetary considerations furnished.
j. Any deactivation report or declaration of any unsatisfactory informant.
INFORMANT MANAGEMENT AND UTILIZATION
All persons who will be utilized as informants should be established as such. The
specific procedures required in establishing a person as an informant may vary from
jurisdiction to jurisdiction but, at a minimum, should include the following:
1. Assignment of an informant code name to protect the informant’s identity.
Exhibit “B” Page 4
2. An informant code book controlled by the supervisor or his/her designee containing:
a. Informant’s code number.
b. Type of information (i.e. informant, defendant/informant, restricted
use/informant).
c. Informant’s true name.
d. Name of establishing law enforcement officer.
e. Date the establishment is approved.
f. Date of deactivation.
3. Establish each informant file in accordance with Informant File Documentation (2).
4. For each informant in an active status, the agent should review the informant file on
a quarterly basis to assure it contains all relevant and current information. Where a
MATERIAL face that was earlier reported on the Establishment Record is no longer
correct (e.g. a change in criminal status, means of locating him/her, etc.), a
supplemental establishing report should be submitted with the correct entry.
5. All informants being established should be checked in all available criminal indices. If
verified FBI number is available, request a copy of the criminal records from the FBI.
Where a verified FBI number is not available, the informant should be fingerprinted
with a copy sent to the FBI and appropriate State authorities for analysis. The
informant may be utilized on a provisional basis while awaiting a response from the
FBI.
PAYMENTS TO INFORMANTS
1. Any person who is to receive payments charged against PE/PI funds should be
established as an informant. This includes a person who may otherwise be
categorized as sources of information or informants under the control of another
agency. The amount of payment should be commensurate with the value of services
and/or information provided and should be based on the following factors:
a. The level of the targeted individual, organization or operation.
b. The amount of the actual or potential seizure.
c. The significance of the contribution made by the informant to the desired
objectives.
2. There are various circumstances in which payments to informants may be made.
a. Payments for Information and/or Active Participation. When an informant assists
in developing an investigation, either through supplying information or actively
participating in it, he/she may be paid for his/her service either in a lump sum or in
staggered payments. Payments for information leading to a seizure, with no
defendants, should be held to a minimum.
Exhibit “B” Page 5
b. Payment for Informant Protection. When an informant needs protection, law
enforcement agencies may absorb the expenses of relocation. These expenses may
include travel for the informant and his/her immediate family, movement and/or
storage of household goods, and living expense at the new location for a specific
period of time (not to exceed 6 months). Payments should not exceed the amounts
authorized by law enforcement employees for these activities.
c. Payments to Informants of Another Agency. To use or pay another agency’s
informant, he/she should be established as an informant. These payments should
not be a duplication of a payment from another agency; however, sharing a payment
is acceptable.
3. Documentation of payments to informants is critical and should be accomplished on a
Informant Payee Receipt. Payment should be made and witnessed by two law
enforcement officers and authorized payment amounts should be established and
reviewed by at least the first line supervisory level. In unusual circumstances, a non-
officer employee or an officer of another law enforcement agency may serve as
witness. In all instances, the original signed receipt must be submitted to the project
director for review and record keeping.
ACCOUNTING AND CONTROL PROCEDURES
Special accounting and control procedures should govern the use and handling of
confidential expenditures, as described below:
1. It is important that expenditures which conceptually should be charged to PE/PI/PS
are so charged. It is only in this manner that these funds may be properly managed
at all levels, and accurate forecasts of projected needs be made.
2. Each law enforcement entity should apportion its PE/PI/PS allowance throughout its
jurisdiction and delegate authority to approve PE/PI/PS expenditures to those
offices, as it deems appropriate.
3. Headquarters management should establish guidelines authorizing offices to spend
up to a predetermined limit of their total allowance on any buy or investigation.
4. In exercising his/her authority to approve these expenditures, the supervisor should
consider:
a. The significance of the investigation.
b. The need for this expenditure to further the investigation.
c. Anticipated expenditures in other investigations.
Exhibit “B” Page 6
Funds for PE/PI/PS expenditures should be advanced to the officer for a specific
purpose. If they are not expended for that purpose, they should be returned to the
cashier. They should not be used for another purpose without first returning them and
repeating the authorization and advance process based on the new purpose.
5. Funds for PE/PI/PS expenditure should be advanced to the officer on suitable receipt
form. Informant Payee Receipt or a voucher for P/E should be completed to
document funds used in the purchase of evidence or funds paid or advanced to an
informant.
6. For security purposes there should be a 48-hour limit on the amount of time funds
advanced for PE/PI/PS expenditure may be held outstanding. If it becomes apparent
at any point within the 48-hour period that the expenditure will not materialize, the
funds should be returned to the cashier as soon as possible. An extension of the 48-
hour limit may be granted by the level of management that approved the advance.
Factors to consider in granting such an extension are:
a. The amount of funds involved.
b. The degree of security under which the funds are being held.
c. How long an extension is required.
d. The significance of the expenditure.
Such extensions should be limited to 48 hours. Beyond this, the funds should be
returned and readvanced, if necessary. Regardless of circumstances, within 48 hours
of the advance, the cashier should be presented with either the unexpended funds,
an executed Informant Payee Receipt or purchase of evidence or written notification
by management that an extension has been granted.
7. P/S expenditures, when not endangering the safety of the officer or informant, need
to be supported by canceled tickets, receipts, lease agreements, etc. If not available,
the supervisor, or his immediate subordinate, must certify that the expenditures
were necessary and justify why supporting documents were not obtained.
Town Council Regular Session Item # K.
Meeting Date:07/02/2014
Requested by: Daniel G. Sharp Submitted By:Colleen Muhr, Police Department
Department:Police Department
Information
SUBJECT:
Resolution No. (R)14-40, authorizing and approving a High Intensity Drug Trafficking Area (HIDTA) Grant
Agreement with the City of Tucson, allowing for one (1) officer to be assigned to the Pima County HIDTA
Investigative Task Force
RECOMMENDATION:
Staff recommends approval.
EXECUTIVE SUMMARY:
Request is being made to enter into an agreement between the City of Tucson and the Town of Oro
Valley for the participation and administration of a multi-agency High Intensity Drug Trafficking
Area (HIDTA) Task Force.
If approved, this agreement will provide continued funding for salary and benefits in the amount of
$76,735 for one (1) Town of Oro Valley Police Department officer for FY 2014-15. This officer is assigned
to the Pima County HIDTA Investigative Task Force.
BACKGROUND OR DETAILED INFORMATION:
N/A
FISCAL IMPACT:
This position is funded in the Adopted Budget for FY 2014-15.
SUGGESTED MOTION:
I MOVE to (adopt or deny) Resolution No. (R)14-40 , authorizing and approving a High Intensity Drug
Trafficking Area (HIDTA) Grant Agreement between the City of Tucson and the Town of Oro Valley,
allowing for one (1) officer to be assigned to the Pima County HIDTA Investigative Task Force.
Attachments
(R)14-40 HIDTA Grant for PCHITF
HIDTA Grant Agreement
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RESOLUTION NO. (R)14-40
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF
ORO VALLEY, ARIZONA, AUTHORIZING AND APPROVING A HIGH
INTENSITY DRUG TRAFFICKING AREA (HIDTA) GRANT
AGREEMENT BETWEEN THE CITY OF TUCSON AND THE TOWN OF
ORO VALLEY, ALLOWING FOR ONE (1) OFFICER TO BE ASSIGNED
TO THE PIMA COUNTY HIDTA INVESTIGATIVE TASK FORCE
WHEREAS, the Town of Oro Valley is authorized to establish and maintain the Oro Valley
Police Department, pursuant to A.R.S. § 9-240 (B)(12); and
WHEREAS, the Town of Oro Valley desires to enter into a Grant Agreement with the City of
Tucson for the participation and administration of a multi-agency High Intensity Drug
Trafficking Area Investigative Task Force for a term effective January 1, 2014 through
December 31, 2015; and
WHEREAS, it is in the best interest of the Town to enter into the Grant Agreement, attached
hereto as Exhibit “A” and incorporated herein by this reference, in order to set forth the terms
and conditions to provide for the health, safety and welfare of the residents in the Town of Oro
Valley.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Oro
Valley, Arizona, that:
1.The Grant Agreement, attached hereto as Exhibit “A”, between the Town of Oro
Valley and the City of Tucson to participate in the High Intensity Drug
Trafficking Area (HIDTA) Grant Agreement allowing for one (1) officer to be
assigned to the Pima County HIDTA Investigative Task Force is hereby
authorized and approved.
2.The Mayor, Chief of Police and other administrative officials are hereby
authorized to take such steps as necessary to execute and implement the terms of
the Grant Agreement.
C:\WINDOWS\TEMP\BCL Technologies\easyPDF 6\@BCL@E40AE808\@BCL@E40AE808.doc Town of Oro Valley Attorney’s Office/ca/092210
PASSED AND ADOPTED by the Mayor and Council of the Town of Oro Valley, Arizona, this
2nd day of July, 2014.
TOWN OF ORO VALLEY, ARIZONA
____________________________________
Dr. Satish I. Hiremath, Mayor
ATTEST:APPROVED AS TO FORM:
_________________________________________________________________
Julie K. Bower, Town Clerk Tobin Sidles, Legal Services Director
_________________________________________________________________
Date Date
EXHIBIT “A”
CITY OF TUCSON
HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA)
GRANT AGREEMENT
COT Grant Number HT-14-2322
This Grant Agreement is made this 1ST day of January 2014 by and between the CITY OF TUCSON
hereinafter called “CITY” and GOVERNING BODY, through Oro Valley Police Department
hereinafter called “GRANTEE”. The CITY enters into this Agreement pursuant to its authority under
the provisions of A.R.S. § 11-951, et seq., and the City of Tucson’s Resolution number 21460, having
satisfied itself as to the qualification of GRANTEE.
NOW, THEREFORE, it is agreed between the parties as follows:
1. This Agreement will commence on January 1, 2014 and terminate on December 31, 2015.
This Agreement expires at the end of the award period unless prior written approval for an
extension has been obtained from the CITY. A request for extension must be received by the
CITY sixty (60) days prior to the end of the award period. The CITY may approve an extension
that further the goals and objectives of the program and shall determine the length of any
extension within Office of National Drug Control Policy (ONDCP) guidelines.
2. The GRANTEE agrees that grant funds will be used for the Pima County HIDTA
Investigative Task Force (PCHITF).
3. The CITY will monitor the performance of the GRANTEE against goals and performance
standards outlined in the grant application. Sub-standard performance as determined by the
CITY will constitute non-compliance with this Agreement. The GRANTEE shall operate in a
manner consistent with and in compliance with the provisions and stipulations of the approved
grant application and this Agreement. If the CITY finds non-compliance, the GRANTEE will
receive a written notice that identifies the area of non-compliance, and the appropriate
corrective action to be taken. If the GRANTEE does not respond within thirty calendar days to
this notice, and does not provide sufficient information concerning the steps that are being
taken to correct the problem, the CITY may suspend funding; permanently terminate this
Agreement and/or revoke the grant; Any deviation or failure to comply with the purpose
and/or conditions of this Agreement without prior written CITY approval may constitute
sufficient reason for the CITY to terminate this Agreement; revoke the grant; require the
return of all unspent funds, perform an audit of expended funds; and require the return of any
previously spent funds which are deemed to have been spent in violation of the purpose or
conditions of this grant.
4. This Agreement may be modified only by a written amendment signed by the parties. Any
notice given pursuant to this Agreement shall be in writing and shall be considered to have
been given when actually received by the following addressee or their agents or employees:
A. If to the City of Tucson:
City of Tucson Police Department
HIDTA FIDUCIARY SECTION
270 S. Stone
Tucson, Arizona 85701
Attn: HIDTA Lead Management Analyst
High Intensity Drug Trafficking Area Grant Number HT- 14-2322 Page 2
B. If to the GRANTEE:
Oro Valley Police Department
11000 North La Canada Drive
Oro Valley, AZ 85737
Attn: Chief of Police Daniel Sharp
5. The GRANTEE may make budget adjustments only after written notification with signature
approval from Arizona HIDTA Director is provided to the CITY. A grant adjustment notice
(GAN) will be issued to the GRANTEE notifying the GRANTEE of the approval. Adjustments or
reprogramming of the grantee’s budget in an initiative or any reprogramming between
initiative and/or agencies; in any amount, require the approval of the Board, the AZ HIDTA
Director, and/or the ONDCP in accordance with HIDTA Program Policy and Budget Guidance.
APPROVED LINE ITEM PROGRAM BUDGET
Personnel:
Salaries
Fringe Benefits
Overtime
Travel
Facilities
Services
Operating Expenses:
Supplies
Other
Equipment (listed below)
TOTAL
$46,470.00
$21,765.00
$8,500.00
0.00
0.00
0.00
0.00
0.00
0.00
$76,735.00
See attached for budget detail.
6. The GRANTEE understands that financial reports are required for reimbursement of
expenditures.
7. Every payment obligation of the CITY under this Agreement is conditioned upon the availability
of funds appropriated or allocated for the payment of such obligation. If funds are not
allocated and available for the continuance of this Agreement, this Agreement may be
terminated by the CITY. No liability shall accrue to the CITY in the event this provision is
exercised, and the CITY shall not be obligated or liable for any future payments or for any
damages as a result of termination under this paragraph.
8. The GRANTEE understands that prior to the expenditure of confidential funds, an authorized
official of the GRANTEE shall sign a certification indicating that he or she has read,
understands, and agrees to abide by all of the conditions pertaining to confidential fund
expenditures as set forth in ONDCP Financial and Administrative Guide for Cooperative
Agreements Guidelines and Exhibit B.
High Intensity Drug Trafficking Area Grant Number HT14-2322 Page 3
9. The GRANTEE certifies that it will comply with OMB Circular A-102 Uniform Administrative
Requirements for Grants and Cooperative Agreements to State and Local Governments as
codified in 28 CFR Part 66 and OMB Circular A-87 Cost Principles for State, Local and Indian
Tribal Governments and HIDTA Program Policy & Budget Guidance.
Link: OMB Circulars http://www.whitehouse.gov/omb/circulars/index.html
10. The GRANTEE agrees to account for interest earned on Federal grant funds and shall remit
interest earned in excess of the allowable amount as indicated in the ONDCP Financial and
Administrative Guide for Cooperative Agreements and all unexpended grant funds to the CITY
within 30 days after receipt of a written request from the CITY. The GRANTEE agrees to
expend all encumbered funds within 90 days of expiration of this award.
11. The GRANTEE agrees to retain all books, account reports, files and other records, (paper
and/or electronic) relating to this Agreement and the performance of this Agreement for no
less than five (5) years from the last financial report submitted to the CITY. All such
documents shall be subject to inspection and audit at reasonable times.
12. For the purpose of this grant, a capital expenditure is $1,000 or above. If the GRANTEE’S
policy defines a capital expenditure as less than $1,000, the GRANTEE will use its own policy.
The GRANTEE shall maintain a tracking system, in accordance with ONDCP HIDTA Program
Policy & Budget Guidance Section 8.04(A), to account for all HIDTA purchased equipment,
vehicles, and other items valued at $ 1000 or more at the time of purchase. This also includes
lower cost, high-risk items, electronic devices and software, such as but not limited to digital
cameras, palm pilots, and GPS devices.
The GRANTEE agrees to abide by Section 8.06 that those using HIDTA funds to purchase
equipment must maintain a current inventory of HIDTA-purchased equipment and must
provide that inventory to the HIDTA Director or an ONDCP employee, and/or the CITY upon
request. A 100-percent physical inventory of HIDTA-purchased equipment must be conducted
at least every two years.
13. The GRANTEE agrees to follow equipment disposition policies outlined in OMB Circular A-102
Uniform Administrative Requirements for Grants and Cooperative Agreements to State and
Local Governments as codified in 28 CFR, Part 66.32 (e) (1-3) when the equipment is no
longer needed for the grant program. When no longer needed for the original program, the
equipment may be used in other activities supported by the Office of National Drug Control
Policy.
Link: OMB Circulars http://www.whitehouse.gov/omb/circulars/index.html
The GRANTEE agrees that the purchasing agency shall comply with ONDCP HIDTA Program
Policy & Budget Guidance Section 8.07 in determining the end of the useful life and disposition
of HIDTA purchased equipment. Purchasing agencies must retain documentation of the
disposition and provide to the HIDTA Director and the CITY.
14. The GRANTEE agrees to keep time and attendance sheets signed by the employee and
supervisory official having first hand knowledge of the work performed by the grant funded
employees. The GRANTEE agrees to track overtime expenses in accordance with ONDCP
HIDTA Program Policy & Budget Guidance.
15. The GRANTEE will comply with the audit requirements of OMB Circular A-133 Audits of States,
Local Governments and Non-Profit Organizations and provide the CITY with the audit report
and any findings within 90 days of receipt of such finding. If the report contains no findings,
the GRANTEE must provide notification that the audit was completed.
Link: OMB Circular A-133 http://www.whitehouse.gov/omb/circulars/index.html
High Intensity Drug Trafficking Area Grant Number HT 14-2322 Page 4
16. The GRANTEE agrees that it will submit financial reports and supporting documentation to the
CITY through the AZ HIDTA Finance Manager on forms/format provided by the CITY,
documenting the activities supported by these grant funds. In the event reports are not
received on or before the indicated date(s), funding will be suspended until such time as
delinquent report(s) are received. These reports are submitted according to the following
schedule:
Report Period Month of: Due Date: Report Period Month of: Due Date:
January 1 - 31
February 1 - 29
March 1 – 30
October 1 - 31
November 1 - 30
December 1 - 31
February 25
March 25
April 25
November 25
December 25
January 25
July 1 – 31
August 1 - 31
September 1 – 30
April 1 - 30
May 1 - 31
June 1 - 30
August 25
September 25
October 25
May 25
June 25
July 25
More frequent reports may be required for GRANTEES who are considered high risk.
17. All goods and services purchased with grant funds must be received by the GRANTEE within 60
days of the expiration of this award.
18. The GRANTEE agrees to obtain ONDCP approval through the Arizona HIDTA Director for all
sole-source procurements in excess of $100,000, and provide written notification to the CITY,
as indicated in 21 CFR Part 1403.36(d)(4).
19. The GRANTEE agrees to check the U.S. General Service Administration (GSA) Excluded Parties
Listing Service as required by Executive Order 12549, as defined in 28 CFR Part 67.510 for
individuals, agencies, companies and corporations debarred or suspended from doing business
with recipients receiving Federal funds. The GRANTEE agrees not to do business with any
individual, agency, company or corporation listed in the Excluded Parties Listing Service.
Link: Excluded Parties Listing System http://epls.arnet.gov
20. No funds shall be used to supplant federal, state, county or local funds that would otherwise
be made available for such purposes. Supplanting means the deliberate reduction of State or
local funds because of the existence of Federal funds.
21. The GRANTEE assigns to the CITY any claim for overcharges resulting from antitrust violations
to the extent that such violations concern materials or services applied by third parties to the
GRANTEE in exchange for grant funds provided under this Agreement.
22. The parties agree to use arbitration in the event of disputes in accordance with the provisions
of A.R.S. § 12-1501 et seq.
23. The laws of the State of Arizona apply to questions arising under this Agreement and any
litigation regarding this Agreement must be maintained in Arizona courts, except as provided in
paragraph 25 of this Agreement pertaining to disputes, which are subject to arbitration.
24. The GRANTEE understands that grant funds will not be released until all required reports and
reversion of funds from the prior year grant are submitted to the CITY.
High Intensity Drug Trafficking Area Grant Number HT 14-2322 Page 5
25. The GRANTEE (as “Indemnitor”) agrees to indemnify, defend and hold harmless the CITY (as
“Indemnitee”) from and against any and all claims, losses, liability, costs, or expenses,
(including reasonable attorney’s fees) (hereinafter collectively referred to as “Claims”) arising
out of bodily injury of any person (including death) or property damage, but only to the extent
that such Claims which result in vicarious/derivative liability to the Indemnitee are caused by
the act, omission, negligence, misconduct, or other fault of the Indeminitor, its officers,
officials, agents, employees, or volunteers. If the GRANTEE is a State agency this paragraph
does not apply.
26. Unless GRANTEE is a State agency, GRANTEE shall cause its contractor(s) and subcontractors,
if any to indemnify defend, save and hold harmless the City of Tucson, any jurisdictions or
agency issuing any permits for any work arising out of this Agreement, and their respective
directors, officers, officials, agents, and employees from and against any and all claims,
actions, liabilities, damages, losses or expenses (including court costs, attorneys’ fees, and
costs of claim processing, investigation and litigation) (hereinafter referred to as “Claims” ) for
bodily injury or personal injury (including death), or loss or damage to tangible or intangible
property caused, or alleged to be caused, in whole or in part, by the negligent or willful acts or
omissions of GRANTEE’S contractor or any of the directors, officers, agents, or employees or
subcontractors of such contractor. This indemnity includes any claim or amount arising out of
or recovered under the Worker’s Compensation Law or arising out of the failure of such
contractor to conform to any federal, state, or local law, statute, ordinance, rule, regulation or
court decree. It is the specific intention of the parties that the Indemnitee shall, in all
instances, except for Claims arising solely from the negligence or willful acts or omissions of
the Imdemnitee, be indemnified by such contractor from and against any and all claims. It is
agreed that such contractor will be responsible for primary loss investigation, defense and
judgment costs where this indemnification is applicable. Insurance requirements for any
contractor used by GRANTEE are incorporated herein by this reference and attached to this
Agreement as Exhibit “A”.
27. If the GRANTEE is a governmental political subdivision, the GRANTEE will, to the extent
possible and practical share criminal justice information with other authorized criminal justice
agencies. The process control number (PCN) shall be used in accordance with A.R.S. § 41-
1750 when sharing data with other criminal justice agencies as electronic data systems are
developed or improved.
28. The GRANTEE agrees to comply with the non-discrimination requirements of the Omnibus
Crime Control and Safe Streets Act of 1968, as amended; 42 USC 3789(d); Title VI of the Civil
Rights Act of 1964, as amended; Section 504, Rehabilitation Act of 1973, as amended; Subtitle
A, Title II of the Americans with Disabilities Act (ADA) (1990); Title IX of the Education
Amendments of 1972 and the Department of Justice regulations 28 CFR Part 54; The Age
Discrimination Act of 1975; Department of Justice Non-Discrimination Regulations, 28 CFR Part
42, Subparts C, D, E, G and I; Department of Justice regulations on disability discrimination 28
CFR Part 35; all applicable state laws of A.R.S. § 41-1463; and Executive Orders 1999-4 and
2000-4. These laws prohibit discrimination on the basis of race, color, religion, sex and
national origin including Limited English Proficiency (LEP) in the delivery of service. In the
event that a Federal or State court or Federal or State administrative agency makes a finding
of discrimination after a due process hearing against the GRANTEE, the GRANTEE will forward
a copy of the findings to the Office for Civil Rights, Office of Justice Programs and the CITY.
High Intensity Drug Trafficking Area Grant Number HT14-2322 Page 6
29. The GRANTEE agrees to formulate and keep on file an Equal Employment Opportunity Plan
(EEOP) (if grantee is required pursuant to 28 CFR 42.302). The GRANTEE certifies that they
have forwarded to the Office for Civil Rights, Office of Justice Programs the EEOP, or
certifications that they have prepared and have on file an EEOP, or that they are exempt from
EEOP requirements. Failure to comply may result in suspension of the receipt of grant funds.
Copies of all submissions such as certifications to or correspondence with the Office for Civil
Rights, Office of Justice Programs regarding this requirement must be provided to the CITY by
the GRANTEE.
30. The GRANTEE certifies to comply with the Drug-Free Workplace Act of 1988, and implemented
in 28 CFR Part 67, Subpart F, for grantees, as defined in 28 CFR, Part 67 Sections 67.615 and
67.620.
31. The GRANTEE agrees to complete and keep on file, as appropriate, Immigration and
Naturalization Form (I-9). This form is to be used by recipients to verify that persons are
eligible to work in the United States. Additionally the GRANTEE ensures compliance with
Executive Order 2005-30 federal immigration laws by state employers and contractors.
32. The GRANTEE agrees to notify the Arizona HIDTA Director and provide written notification to
the CITY within ten (10) days in the event that the project official is replaced during the award
period.
33. No rights or interest in this Agreement shall be assigned by GRANTEE without prior written
approval of the CITY.
34. The GRANTEE agrees that no funds provided, or personnel employed under this Agreement
shall be in any way or to any extent engaged in conduct of political activities in violation of
U.S.C. Title 5, Part II, Chapter 15, Section 1502.
35. The GRANTEE certifies that it presently has no financial interest and shall not acquire any
financial interest, direct or indirect, which would conflict in any manner or degree with the
performance of services required under this Agreement.
36. The Grantee certifies that no federal funds will be paid, by or on behalf of, to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any Federal contract, the making of any Federal grant, the
making of any Federal loan, the entering into of any cooperative agreement, and for the
extension, continuation, renewal, amendment, or modification of any Federal contract, grant,
loan or cooperative agreement. If any funds other than Federal funds are paid or will be paid
to any person for influencing or attempting to influence an officer or employee of Congress, or
an employee of a Member of Congress in connection with this Federal award, grant loan, or
cooperative agreement, the GRANTEE will complete and submit to the CITY Standard Form-
LLL, “Disclosure Form to Report Lobbying” in accordance with its instructions
High Intensity Drug Trafficking Area Grant Number HT 14-2322 Page 7
37. This Agreement is subject to cancellation pursuant to the provision of A.R.S. § 38-511.
38. This Agreement may be cancelled at the CITY’s discretion if not returned with authorized
signatures to the CITY within 90 days of commencement of the award.
39. If any provision of this Agreement is held invalid the remainder of the Agreement shall not be
affected thereby and all other parts of this Agreement shall be in full force and effect.
40. Pursuant to resolution number 21460, adopted by Mayor and Council December 15, 2009, the
Tucson Police Chief is authorized to enter into contracts and grant agreements for HIDTA
operations.
41. In accordance with A.R.S. §41-4401, GRANTEE warrants compliance with E-Verify and all
federal immigration laws and regulations relating to employees and warrants compliance with
A.R.S. § 23-214A.
High Intensity Drug Trafficking Area Grant Number HT 14-2322 Page 8
IN WITNESS WHEREOF, the parties have made and executed the Agreement the day and year first
above written.
FOR GRANTEE:
Chief of Police Date
Printed Name and Title
Note: If applicable, the Agreement must be approved by the appropriate county supervisory board
or municipal council and appropriate local counsel (i.e. county or city attorney). Furthermore, if
applicable, resolutions and meeting minutes must be forwarded to the CITY with the signed
Agreement.
Approved as to form and authority to enter into Agreement:
Legal counsel for GRANTEE Date
Printed Name and Title
Statutory or other legal authority to enter into Agreement:
Appropriate A.R.S., ordinance, or charter reference
FOR CITY OF TUCSON:
Roberto A. Villaseñor, Chief of Police Date
City of Tucson Police Department
Lisa Judge, Principal Assistant City Attorney Date
City of Tucson Police Department
Approved as to form
CITY OF TUCSON
GRANT AGREEMENT
Insurance Requirements
Exhibit “A”
Insurance Requirements for Governmental Parties to a Grant Agreement:
None.
Insurance Requirements for Any Contractors Used by a Party to the Grant Agreement:
(Note: this applies only to Contractors used by a governmental entity, not to the governmental entity
itself.) The insurance requirements herein are minimum requirements and in no way limit the indemnity
covenants contained in the Intergovernmental Agreement. The City of Tucson in no way warrants that
the minimum limits contained herein are sufficient to protect the governmental entity or Contractor from
liabilities that might arise out of the performance of the work under this Contract by the Contractor, his
agents, representatives, employees or subcontractors, and Contractor and the governmental entity are
free to purchase additional insurance.
A. MINIMUM SCOPE AND LIMITS OF INSURANCE: Contractor shall provide coverage with limits
of liability not less than those stated below.
1. Commercial General Liability – Occurrence Form
Policy shall include bodily injury, property damage, personal injury and broad form
contractual liability.
General Aggregate $2,000,000
Products – Completed Operations Aggregate $1,000,000
Personal and Advertising Injury $1,000,000
Blanket Contractual Liability – Written and Oral $1,000,000
Fire Legal Liability $50,000
Each Occurrence $1,000,000
a. The policy shall be endorsed to include the following additional insured
language: “The City of Tucson, its departments, agencies, boards,
commissions, universities and its officers, officials, agents, and
employees shall be named as additional insureds with respect to
liability arising out of the activities performed by or on behalf of the
Contractor".
(Note that the other governmental entity(ies) is/are also required to be
additional insured(s) and they should supply the Contractor with their own list
of persons to be insured.)
b. Policy shall contain a waiver of subrogation against the City of Tucson, its
departments, agencies, boards, commissions, universities and its officers,
officials, agents, and employees for losses arising from work performed by or
on behalf of the Contractor.
Exhibit “A” Page 2
2. Automobile Liability
Bodily Injury and Property Damage for any owned, hired, and/or non-owned
vehicles used in the performance of this Contract.
Combined Single Limit (CSL) $1,000,000
a. The policy shall be endorsed to include the following additional insured
language: “The City of Tucson, its departments, agencies, boards,
commissions, universities and its officers, officials, agents, and
employees shall be named as additional insureds with respect to
liability arising out of the activities performed by or on behalf of the
Contractor, involving automobiles owned, leased, hired or borrowed
by the Contractor".
(Note that the other governmental entity(ies) is/are also required to be
additional insured(s) and they should supply the Contractor with their own list
of persons to be insured.)
3. Worker's Compensation and Employers' Liability
Workers' Compensation Statutory
Employers' Liability
Each Accident $500,000
Disease – Each Employee $500,000
Disease – Policy Limit $1,000,000
a. Policy shall contain a waiver of subrogation against the City of Tucson, its
departments, agencies, boards, commissions, universities and its officers,
officials, agents, and employees for losses arising from work performed by or
on behalf of the Contractor.
b. This requirement shall not apply to: Separately, EACH contractor or
subcontractor exempt under A.R.S. 23-901, AND when such contractor or
subcontractor executes the appropriate waiver (Sole Proprietor/Independent
Contractor) form.
B. ADDITIONAL INSURANCE REQUIREMENTS: The policies are to contain, or be endorsed to
contain, the following provisions:
1. The City of Tucson, its departments, agencies, boards, commissions, universities and its officers,
officials, agents, and employees and the other governmental entity shall be additional insureds to
the full limits of liability purchased by the Contractor even if those limits of liability are in excess
of those required by the Contract.
2. The Contractor's insurance coverage shall be primary insurance with respect to all other available
sources.
3. The Contractor's insurance shall apply separately to each insured against whom claim is made or
suit is brought, except with respect to the limits of the insurer's liability. Coverage provided by
the Contractor shall not be limited to the liability assumed under the indemnification provisions of
its Contract with the other governmental entity(ies) party to the Grant Agreement.
Exhibit “A” Page 3
C. NOTICE OF CANCELLATION: Each insurance policy required by the insurance provisions of this
Contract shall not be suspended, voided, cancelled, reduced in coverage or in limits except after
thirty (30) days prior written notice has been given the City of Tucson. Such notice shall be sent
directly to the GRANTEE and shall be sent by certified mail, return receipt requested.
D. ACCEPTABILITY OF INSURERS: Insurance is to be placed with duly licensed or approved non-
admitted insurers in the State of Arizona with an “A.M. Best” rating of not less than A- VII. The City
of Tucson in no way warrants that the above-required minimum insurer rating is sufficient to protect
the Contractor from potential insurer insolvency.
E. VERIFICATION OF COVERAGE: Contractor shall furnish the GRANTEE with certificates of
insurance (ACORD form or equivalent approved by the State of Arizona) as required by this Contract.
The certificates for each insurance policy are to be signed by a person authorized by that insurer to
bind coverage on its behalf.
All certificates and endorsements are to be received and approved before work commences. Each
insurance policy required by this Contract must be in effect at or prior to commencement of work
under this Contract and remain in effect for the duration of the project. Failure to maintain the
insurance policies as required by this Contract, or to provide evidence of renewal, is a material
breach of contract.
All certificates required by this Contract shall be sent directly to the GRANTEE. The City of Tucson’s
project/contract number and project description are to be noted on the certificate of insurance. The
City of Tucson reserves the right to require complete, certified copies of all insurance policies
required by this Contract at any time. DO NOT SEND CERTIFICATES OF INSURANCE TO THE
CITY OF TUCSON’S RISK MANAGEMENT SECTION.
F. SUBCONTRACTORS: Contractor's certificate(s) shall include all subcontractors as insureds under
its policies or Contractor shall furnish to the county or local government agency responsible separate
certificates for each subcontractor. All coverage’s for subcontractors shall be subject to the minimum
requirements identified above.
G. APPROVAL: Any modification or variation from the insurance requirements must have prior
approval from the City of Tucson, Risk Management Section, whose decision shall be final. Such
action will not require a formal contract amendment, but may be made by administrative action.
H. EXCEPTIONS: In the event the Contractor or sub-contractor(s) is/are a public entity, then the
Insurance Requirements shall not apply. Such public entity shall provide a Certificate of Self-
Insurance. If the contractor or sub-contractor(s) is/are a City of Tucson agency, board, commission,
or university then none of the above shall apply.
CITY OF TUCSON
HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA)
GRANT AGREEMENT
Confidential Funds Certification
Exhibit “B”
CONFIDENTIAL FUNDS CERTIFICATION
This is to certify that I have read, understand, and agree to abide by all of the
conditions for confidential funds as set forth in the effective edition of the Office of
National Drug Control Policy Financial and Administrative Guide.
Grant Number: «GrantNumber»
Date: _____________________ Signature: ___________________________
Authorized Official
PROCEDURES
Each project agency authorized to disburse confidential funds must develop and follow
internal procedures, which incorporate the following elements:
Deviations from these elements must receive prior approval of the ONDCP.
1. Imprest Fund. The funds authorized will be established in an imprest fund, which is
controlled by a bonded cashier.
2. Advance of Funds: The supervisor of the unit to which the imprest funds is assigned
must authorize all advances of funds for the P/I. Such authorization must specify the
information to be received, the amount of expenditures, and assumed name of the
informant.
3. Informant Files: Informant files are confidential files of the true names, assumed
names, and signature of all informants to whom payments of confidential
expenditures have been made. To the extent possible, pictures and/or fingerprints of
the informant payee should also be maintained. Refer to Informant Files
“Documentation” (2) for a list of required documents for the informant files.
4. Cash Receipts.
a. The cashier shall receive from the agent or officer authorized to make a
confidential payment, receipt for cash advanced to him/her for such purposes.
b. The agent or officer shall receive from the informant payee a receipt for cash paid
to him/her.
Exhibit “B” Page 2
5. Receipts for Purchase of Information. An Informant Payee Receipt shall identify the
exact amount paid to and received by the informant payee on the date executed.
Cumulative or anticipatory receipts are not permitted. Once the receipt has been
completed no alteration is allowed. The agent shall prepare an Informant Payee
Receipt containing the following information:
a. The jurisdiction initiating the payment.
b. A description of the information/evidence received.
c. The amount of payment, both in numeral and word form.
d. The date on which the payment was made.
e. The signature of the informant payee.
f. The signature of the case agent or officer making payment.
g. The signature of at least one other officer witnessing the payment.
h. The signature of the first-line supervisor authorizing and certifying the payment.
6. Review and Certification. The signed Informant Payee Receipt with a memorandum
detailing the information received shall be forwarded to the agent or officer in
charge. The agent or officer in charge shall compare the signatures. He/she shall
also evaluate the information received in relation to the expense incurred, and add
his/her evaluation remarks to the report of the agent or officer who made the
expenditure from the imprest funds. The certification will be witnessed by the agent
or officer in charge on the basis of the report and Informant Payee’s Receipt.
7. Reporting of Funds. Each project shall prepare a reconciliation report on the imprest
funds on a quarterly basis. Information to be included in the reconciliation report will
be the assumed name of the informant payee, the amount received, the nature of
the information given, and to what extent this information contributed to the
investigation. Recipients/subrecipients shall retain the reconciliation report in their
files and shall be available for review unless the State agency requests that the
report be submitted to them on a quarterly basis.
8. Record and Audit Provisions. Each project and member agency must maintain
specific records of each confidential fund transaction. At a minimum, these records
must consist of all documentation concerning the request for funds, processing (to
include the review and approve/disapprove), modifications, closure or impact
material, and receipts and/or other documentation necessary to justify and track all
expenditures. Refer to Informant Files Documentation (2) for a list of documents,
which should be in an informant’s file. In projects where funds are used for
confidential expenditures, it will be understood that all of the above records, except
the true name of the informant, are subject to the record and audit provision of
grantor agency legislation.
Exhibit “B” Page 3
INFORMANT FILES
1. Security. A separate file should be established for each informant for accounting
purposes. Informant files should be kept in a separate and secure storage facility,
segregated from any other files, and under the exclusive control of the supervisor or
an employee designated by him/her. The facility should be locked at all times when
unattended. Access to these files should be limited to those employees who have a
necessary legitimate need. An informant file should not leave the immediate area
except for review by a management official or the handling agent, and should be
returned prior to the close of business hours. Sign-out logs should be kept indicating
the date, informant number, time in and out, and the signature of the person
reviewing the file.
2. Documentation. Each file should include the following information:
a. Informant Payment Record - kept on top of the file. This record provides a
summary of informant payments.
b. Informant Establishment Record - including complete identifying and location
data, plus any other documents connected with the informant’s establishment.
c. Current photograph and fingerprint card (or FBI/State Criminal Identification
Number).
d. Agreement with cooperating individual.
e. Receipt for P/I.
f. Copies of all debriefing reports (except for the Headquarters case file).
g. Copies of case initiation reports bearing on the utilization of the informant
(except for the Headquarters case file).
h. Copies of statements signed by the informant (unsigned copies will be
placed in appropriate investigative files).
i. Any administrative correspondence pertaining to the informant, including
documentation of any representations made on his behalf or any other
nonmonetary considerations furnished.
j. Any deactivation report or declaration of any unsatisfactory informant.
INFORMANT MANAGEMENT AND UTILIZATION
All persons who will be utilized as informants should be established as such. The
specific procedures required in establishing a person as an informant may vary from
jurisdiction to jurisdiction but, at a minimum, should include the following:
1. Assignment of an informant code name to protect the informant’s identity.
Exhibit “B” Page 4
2. An informant code book controlled by the supervisor or his/her designee containing:
a. Informant’s code number.
b. Type of information (i.e. informant, defendant/informant, restricted
use/informant).
c. Informant’s true name.
d. Name of establishing law enforcement officer.
e. Date the establishment is approved.
f. Date of deactivation.
3. Establish each informant file in accordance with Informant File Documentation (2).
4. For each informant in an active status, the agent should review the informant file on
a quarterly basis to assure it contains all relevant and current information. Where a
MATERIAL face that was earlier reported on the Establishment Record is no longer
correct (e.g. a change in criminal status, means of locating him/her, etc.), a
supplemental establishing report should be submitted with the correct entry.
5. All informants being established should be checked in all available criminal indices. If
verified FBI number is available, request a copy of the criminal records from the FBI.
Where a verified FBI number is not available, the informant should be fingerprinted
with a copy sent to the FBI and appropriate State authorities for analysis. The
informant may be utilized on a provisional basis while awaiting a response from the
FBI.
PAYMENTS TO INFORMANTS
1. Any person who is to receive payments charged against PE/PI funds should be
established as an informant. This includes a person who may otherwise be
categorized as sources of information or informants under the control of another
agency. The amount of payment should be commensurate with the value of services
and/or information provided and should be based on the following factors:
a. The level of the targeted individual, organization or operation.
b. The amount of the actual or potential seizure.
c. The significance of the contribution made by the informant to the desired
objectives.
2. There are various circumstances in which payments to informants may be made.
a. Payments for Information and/or Active Participation. When an informant assists
in developing an investigation, either through supplying information or actively
participating in it, he/she may be paid for his/her service either in a lump sum or in
staggered payments. Payments for information leading to a seizure, with no
defendants, should be held to a minimum.
Exhibit “B” Page 5
b. Payment for Informant Protection. When an informant needs protection, law
enforcement agencies may absorb the expenses of relocation. These expenses may
include travel for the informant and his/her immediate family, movement and/or
storage of household goods, and living expense at the new location for a specific
period of time (not to exceed 6 months). Payments should not exceed the amounts
authorized by law enforcement employees for these activities.
c. Payments to Informants of Another Agency. To use or pay another agency’s
informant, he/she should be established as an informant. These payments should
not be a duplication of a payment from another agency; however, sharing a payment
is acceptable.
3. Documentation of payments to informants is critical and should be accomplished on a
Informant Payee Receipt. Payment should be made and witnessed by two law
enforcement officers and authorized payment amounts should be established and
reviewed by at least the first line supervisory level. In unusual circumstances, a non-
officer employee or an officer of another law enforcement agency may serve as
witness. In all instances, the original signed receipt must be submitted to the project
director for review and record keeping.
ACCOUNTING AND CONTROL PROCEDURES
Special accounting and control procedures should govern the use and handling of
confidential expenditures, as described below:
1. It is important that expenditures which conceptually should be charged to PE/PI/PS
are so charged. It is only in this manner that these funds may be properly managed
at all levels, and accurate forecasts of projected needs be made.
2. Each law enforcement entity should apportion its PE/PI/PS allowance throughout its
jurisdiction and delegate authority to approve PE/PI/PS expenditures to those
offices, as it deems appropriate.
3. Headquarters management should establish guidelines authorizing offices to spend
up to a predetermined limit of their total allowance on any buy or investigation.
4. In exercising his/her authority to approve these expenditures, the supervisor should
consider:
a. The significance of the investigation.
b. The need for this expenditure to further the investigation.
c. Anticipated expenditures in other investigations.
Exhibit “B” Page 6
Funds for PE/PI/PS expenditures should be advanced to the officer for a specific
purpose. If they are not expended for that purpose, they should be returned to the
cashier. They should not be used for another purpose without first returning them and
repeating the authorization and advance process based on the new purpose.
5. Funds for PE/PI/PS expenditure should be advanced to the officer on suitable receipt
form. Informant Payee Receipt or a voucher for P/E should be completed to
document funds used in the purchase of evidence or funds paid or advanced to an
informant.
6. For security purposes there should be a 48-hour limit on the amount of time funds
advanced for PE/PI/PS expenditure may be held outstanding. If it becomes apparent
at any point within the 48-hour period that the expenditure will not materialize, the
funds should be returned to the cashier as soon as possible. An extension of the 48-
hour limit may be granted by the level of management that approved the advance.
Factors to consider in granting such an extension are:
a. The amount of funds involved.
b. The degree of security under which the funds are being held.
c. How long an extension is required.
d. The significance of the expenditure.
Such extensions should be limited to 48 hours. Beyond this, the funds should be
returned and readvanced, if necessary. Regardless of circumstances, within 48 hours
of the advance, the cashier should be presented with either the unexpended funds,
an executed Informant Payee Receipt or purchase of evidence or written notification
by management that an extension has been granted.
7. P/S expenditures, when not endangering the safety of the officer or informant, need
to be supported by canceled tickets, receipts, lease agreements, etc. If not available,
the supervisor, or his immediate subordinate, must certify that the expenditures
were necessary and justify why supporting documents were not obtained.
Town Council Regular Session Item # L.
Meeting Date:07/02/2014
Requested by: Daniel G. Sharp Submitted By:Colleen Muhr, Police Department
Department:Police Department
Information
SUBJECT:
Resolution No. (R)14-41, authorizing and approving an intergovernmental agreement between the Town
of Oro Valley Police Department and the Arizona Department of Public Safety for participation in the
Gang Immigration and Intelligence Team Enforcement Mission (GIITEM)
RECOMMENDATION:
Staff recommends approval.
EXECUTIVE SUMMARY:
The Town of Oro Valley Police Department wishes to enter into an intergovernmental agreement with the
Arizona Department of Public Safety, which will allow the Police Department to continue participating in
the State gang task force known as the Gang Immigration and Intelligence Team Mission (GIITEM).
BACKGROUND OR DETAILED INFORMATION:
Approval of this Intergovernmental Agreement (IGA) proposal will allow the Arizona Department of Public
Safety to reimburse the Town of Oro Valley seventy-five percent of payroll expenses for the assigned
officer. The Arizona Department of Public Safety will also supply the vehicle for the assigned member
and assume all vehicle-related expenses.
Renewing this IGA will allow the Police Department to continue having direct access to GIITEM
resources through the assigned member.
Staff believes that our ability to intervene and prevent criminal street gang activity in our community will
continue to be enhanced by the participation of an officer of the Oro Valley Police Department in the
GIITEM. This IGA should assist us in the community with our efforts to support public safety and quality
of life goals.
FISCAL IMPACT:
This position is funded in the Adopted Budget for FY 2014-15.
SUGGESTED MOTION:
I MOVE to (adopt or deny) Resolution No. (R)14-41, authorizing and approving an intergovernmental
agreement between the Town of Oro Valley Police Department and the Arizona Department of Public
Safety for participation in the Gang Immigration and Intelligence Team Enforcement Mission (GIITEM)
Attachments
(R)14-41 IGA - GIITEM
GIITEM IGA
C:\WINDOWS\TEMP\BCL Technologies\easyPDF 6\@BCL@400498A0\@BCL@400498A0.doc
Town of Oro Valley Attorney’s Office/sb/090309
RESOLUTION NO. (R)14-41
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF
ORO VALLEY, ARIZONA, APPROVING AN INTERGOVERNMENTAL
AGREEMENT BETWEEN THE TOWN OF ORO VALLEY AND THE
ARIZONA DEPARTMENT OF PUBLIC SAFETY FOR THE GANG AND
IMMIGRATION INTELLIGENCE TEAM ENFORCEMENT MISSION
(GIITEM)
WHEREAS, the Town of Oro Valley pursuant to Arizona Revised Statutes (A.R.S.) § 11-952 is
authorized to enter into and renew agreements for joint and cooperative action with other public
agencies; and
WHEREAS, the Town of Oro Valley is authorized to establish and maintain the Oro Valley Police
Department, pursuant to A.R.S. § 9-240 (B)(12); and
WHEREAS, the Town of Oro Valley desires to enter into an Intergovernmental Agreement with
the Arizona Department of Public Safety whereby the Town of Oro Valley will assign one certified
peace officer to the Gang and Immigration Intelligence Team Enforcement Mission (GIITEM) and
the Town of Oro Valley will be reimbursed 75% of payroll expenses of the officer as outlined in the
Intergovernmental Agreement; and
WHEREAS, it is in the best interest of the Town to enter into the Intergovernmental Agreement,
attached hereto as Exhibit “A” and incorporated herein by this reference, in order to set forth the
terms and conditions to provide for the health, safety and welfare of the residents in the Town of
Oro Valley; and
WHEREAS, the Mayor and Council desire to authorize the Town of Oro Valley Town Manager
and Chief of Police to sign any renewals and minor amendments to the Intergovernmental
Agreement for the next five (5) years.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF ORO VALLEY, ARIZONA, AS FOLLOWS:
1. That the Intergovernmental Agreement between the Town of Oro Valley and the
Arizona Department of Public Safety for participation of an Oro Valley Police Officer in
Gang and Immigration Intelligence Team Enforcement Mission, attached hereto as
Exhibit “A”, is hereby approved.
2. That the Mayor and Council authorize the Town Manager and the Chief of Police to sign
any renewals and minor amendments to the Intergovernmental Agreement for the next
five (5) years.
3. That the Mayor, Chief of Police and other administrative officials are hereby authorized
to take such steps as necessary to execute and implement the terms of the
Intergovernmental Agreement.
PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona,
this 2nd day of July, 2014.
TOWN OF ORO VALLEY
_______________________________
Dr. Satish I. Hiremath, Mayor
ATTEST:APPROVED AS TO FORM:
Julie K. Bower, Town Clerk Tobin Sidles, Legal Services Director
____________________________________________________________
Date Date
EXHIBIT “A”
INTERGOVERNMENTAL AGREEMENT
A.G. CONTRACT NOY OO t d-.O IlJ O 6 1 q?:, q
DPS CONTRACT NO:
INTER GOVERNMENT AL AGREEMENT
REGARDING
;)..0 14-07 (
GANG & IMMIGRATION INTELLIGENCE TEAM ENFORCEMENT MISSION
(GIITEM) ST ATE GANG TASK FORCE
This Intergovernmental Agreement CIOA') is entered into between the State of Ari zona through its
Department of Public Safety, hereinafter referred to as "DPS" and the Town of Oro Valley, for the
benefit of the Oro Valley Police Department, hereinafter referred to as "Town".
The purpose of this Agreement shall be to enhance law enforcement services concerning the
criminal activities of street gangs, through the cooperative efforts of the parties to this lOA.
DPS is authorized and empowered to enter into thi s lOA pursuant to A.R .S. §41-1713 B.3 . Both
parties are authorized and empowered to enter into tillS lOA pursuant to A.R.S. § 11-952. The Town
is authori zed and empowered pursuant to _____ _
Now, in consideration of the mutual promises set forth herein, the parties to this Agreement hereby
agree to the following terms and condition s:
I. PARTICIPATION
The Town agrees to assign one (1) AZ P .O.S.T. certified sworn law enforcement officer, herein
referred to as "officer", to DPS and its Oang & Immigration Intelligence Team Enforcement
Mission, hereinafter refened to as "OIITEM," on a full-time basis for such assigrunents within the
purposes of tillS lOA, as directed by DPS. The Town agrees the assigned officer shall be in
compliance with DPS residency requirements .
During this period of assignment, the Town and DPS agree to allow said officer to maintain all
benefits , rights, and privileges avai lable to said officer as if they were as signed on a full-time basis
to the Town. The assigned officer must abide by all of the applicable rules and regulations of the
Town and are subject to its disciplinary process .
The Town agrees to enter into a Memorandum of Understanding (MOU) with the DPS relative to
the connection and operation of the Ari z ona OangNet system.
II. REIMBURSEMENT
DPS agrees to reimburse the Town on a monthly basis (based upon DPS weekJy time sheets
completed by the officer) for seventy-five (75%) percent of payroll expenses of the officer related to
this assignment, including salary, shift pay , benefits (which accrue during the term of the lOA) and
employee-related expenses to include employ e r's workman's compensation and social security at
establi shed rates , vacation and sick leave taken while working OIITEM. DPS will reimburse all
overtime compensation (based upon DPS rule s, not to exceed eight (8) hours per month). There
mu s t be a minimum of 40 hours OIITEM related work in order for DPS to reimburse for overtime
in any given week.
Overtime compensation will be for OIITEM related activities only. The limitation of overtime to
eight (8) hours per month may be exceeded without contacting the Town if DPS determines that
additional funding is available. Monthly vacation or s ick leave which accrues, but not used by the
officer, will not be reimbursed. The Town will pay twenty-five (25%) percent of payroll related
expenses. All persOlmel costs , including s hift pay , wi ll be based on a standard forty (40) hour work
Intergovernmental Agreement -GIITEM
DPS Contract No. .::lot ~=o7 (
Arizona Department of Pub Ie Safety/Oro Valle y Poilce Department
week, with the understanding the forty (40) hour work week may be altered to address the needs of
DPS as it relates to an on-going investigation or special assignment request dictated by the needs of
a requesting city, county, or entity .
Prior to the officer reporting to GIITEM, the Town agrees to furnish DPS with the following
information: officer's annual, bi-weekly and hourly rates of base pay and fringe benefits, as well as,
the overtime rate based upon the assumption out lin ed above. DPS is not ob li gated to reimburse the
Town for salary raises or modifications to ba se sa laries, unless the Town submits such modification
to DPS at least 60 days prior to the effective date of such modification.
All approved travel expenses will be reimburse d directly to the officer by DPS under employee
trave l reimbursement guide lin es establ ished by the Arizona Department of Administration. The
amount reimbursed for the aforementioned expenditures shall be for actual costs incurred during the
effective dates of this IGA.
DPS agrees to assign a department vehicle to the Town 's officer. The officer is respon sible for
maintaining the assigned vehicle in accordance with DPS policy and will utili ze the DPS assigned
vehicle for GIITEM purposes only. The officer must meet the ADOA Driver 's Training
Requirements .
III. IMMIGRATION
All partie s agree to comp ly with A.R.S. §§23-214 and 41-4401.
IV. NONDISCRIMINATION
All parties agree to comply with the non-discrimination provisions of the Governor's Executive
Order 2009 -09.
V. INDEMNIFICATION
Each party (as "indemnitor") agrees to indemnify , defend, and hold harmless the other party (as
"indemnitee") from and against any and all claims , losses , liability , costs , or expenses (including
reasonable attorney's fees) (hereinafter collectively referred to as "claims") arising out of bodily
injury of any person (including death) or property damage , but only to the extent that such claims
which re sult in vicario us/derivat ive li abi lity to the indemnitee , are caused by the act , omission,
negligence, misconduct, or other fault of the indemnitor, it s officers, agents, emp loyees, or
vo lunteers.
VI. DRUG FREE WORKPLACE
Any officer assigned to GliTEM will be subject to random and /or for cause , drug and alcohol
testing in accordance with hislher Town's guidelines . If the Town does not have a drug free
program , the officer will be required to submit to testing pursuant to the DPS Drug Free Workplace
Program . Each assigned officer shall be su bject to the respons ibiliti es of and shall retain all rights
as provided for in the DPS Drug Free Workplace Program Manua l, DPS Form Number DPS 932 -
02056. DPS sha ll not charge any fee or cost to the Town for any assigned officer who undergoes
testing . Officers may be removed from GIITEM for failure to comp ly with the program or for
failure to pass DPS drug screening requirements.
Page 2 of4
Ma y 2014
Intergovernmental Agreement -GIITEM
DPS Contract No .MI Y O( I
Arizona Department of Public Safety/Oro Valley Police De partment
VII_ RECORD KEEPING
All records regarding the IGA, including officer's time accounting logs , must be retained for five (5)
years in compliance with A.R.S. §35-214 , Entitled Inspection and Audit of Contract Provisions.
VIII. FEES
In no event shall either party charge the other for any administrative fees for any work performed
pursuant to the IGA .
IX. JURISDICTION
The Town agrees to permit their officer to work outside of their regular jurisdictional boundaries.
X. ARBITRATION
In the event of a dispute under this IGA , the parties agree to use arbitration to the extent required
under A.R .S. §§ 12-1518 and 12-133.
XI. WORKER'S COMPENSATION BENEFITS
Pursuant to A.R.S. §23-1022 D., for the purposes of Worker's Compensation coverage, the Town
officer covered by the IGA shall be deemed to be an employee of both agencies. The Town, as the
primary employer, shall be solely liable for payment of Worker's Compensation Benefits and the
processing of any potential claims occurring during the officer's assignment to GIITEM .
XII-LIMITATIONS
This agreement in no way restricts either party from participating in similar activities with other
public or private agencies, organi zations, and individuals. Nothing in this agreement shall be
construed as limiting or expanding the statutory re sponsibilities of the parties.
XIII . EFFECTIVE DA TEIDURA TION
The terms of this agreement shall become effective upon the date the last signature is obtained.
The duration of this IGA shall be the fiscal year , Jul y 1st through June 30 th, and shall renew annually
on July 1 st for a period of time not to exceed five (5) years . Annual renewal sha ll be contingent
upon legislative allocated budget approval for the applicable fiscal year. If funds are not allocated
to support this agreement , DPS will provide written notice to the Town notifYing them of
termination of funding and cancellation of the IGA .
All prior agreements between DPS and the Town regarding GIITEM gang enforcement
participation are cancelled as of the effective date of this IGA.
XIV. A V AILABILITY OF FUNDS
Every payment obligation ofDPS under thi s agreement is conditioned upon the availability of funds
appropriated or allocated for the payment of such obligation . If funds are not allocated and
available for the continuance of the agreement, the agreement may be terminated by DPS at the end
of the period for which funds are avail a ble. No liability shall accrue to DPS in the event this
provision is exercised , and DPS shall not be obligated or liable for an y future payments or for any
damages as a result of termination under thi s paragraph.
Page 3 of4
May 201 4
Intergovernmental Agreement -G lITEM
DPS Contract No. ;;<.0 14 -0 7/
Arizona Department of Public Safety/Oro Vall ey Police Department
XV. CANCELLATION
All parties are hereby put on notice that this IGA is subject to cancellation by the Governor for
conflicts of interest pursuant to A.R.S. §38-511.
XVI. TERMINATION
Either party may terminate the IGA for convenience or cause upon thirty (30) days written notice to
the other party. Upon termination, DPS shall pay all outstanding amounts up through the time upon
which the termination becomes effective. All property shall be returned to the owning party upon
termination.
Any notice required to be given under the IGA will be provided by mail to:
GIITEM Commander
Arizona Department of Public Safety
P. O. Box 6638 , Mail Drop 3700
Phoenix, Arizona 85005-6638
XVII. VALIDITY
Chief Daniel G. Sharp
Oro Valley Police Department
11000 North La Canada Drive
Oro Valley, Arizona 85737
This document contains the entire agreement between the parties and may not be modified ,
amended , altered or extended except through a written amendment signed by both parties. If any
portion of this agreement is held to be invalid , the remaining provisions shall not be affected.
The parties hereto have caused this IGA to be executed by the proper officers and officials.
ST~F ARIZO~A
BY:'-tJ~~~~~~~~~~~~ __
(D~ Robert C. Halliday, Directo
Ari zona Department of Pub .
APPROVED AS TO FORM:
Bd?=
Assistant Attorney General
ORO VALLEY POLICE DEPARTMENT
BY: __________________________ ___
Daniel G. Sharp , Chief
TOWN OF ORO V ALLEY
Satish I. Hiremath, Mayor
ATTEST:
Julie Bower, Town Clerk
Page 4 of4
May 20 14
DATE: __ ~-+I (0"",-+1,-,1 ~\-----
DATE: -'.6...:...;1_.1,:..:..;'...1...'1 __
DATE: ____________ _
DATE: ____________ _
APPROVED AS TO FORM :
Tobin Sidles , Town Attorney
Town Council Regular Session Item # 1.
Meeting Date:07/02/2014
Requested by: Bayer Vella
Submitted By:Chad Daines, Development Infrastructure Services
Department:Development Infrastructure Services
Information
SUBJECT:
DISCUSSION AND POSSIBLE ACTION TO APPROVE A REQUEST BY WLB GROUP FOR THE KAI
NARANJA DEVELOPMENT, LOCATED EAST OF IRONWOOD RIDGE HIGH SCHOOL ON THE
SOUTH SIDE OF NARANJA DRIVE, TO UTILIZE THE MODIFIED REVIEW PROCESS ENABLED IN
THE ENVIRONMENTALLY SENSITIVE LANDS (ESL) SECTION OF THE ZONING CODE
RECOMMENDATION:
Staff recommends approval of the use of the modified review process enabled by the Environmentally
Sensitive Lands (ESL) section of the Zoning Code for the Kai Naranja development.
EXECUTIVE SUMMARY:
The applicant's request to utilize the ESL modified review process was unfortunately not forwarded for
Town Council consideration at the time of rezoning approval. In fairness to the applicant, who did request
ESL incentives for the modified review process on the application, staff is bringing this forward at this
time for Town Council’s consideration in allowing the utilization of the modified review process.
BACKGROUND OR DETAILED INFORMATION:
The ESL section of the Zoning Code requires varying levels of open space and development standards
aimed at conserving environmental, scenic and cultural resources. A system of incentives was developed
to lessen impacts to property owners/developers and offsets the effects of the regulations.
One incentive in particular provides for a modified review process at Town Council's discretion for
rezoning applications. If enabled, it allows for administrative review and approval of a site plan, provided
it conforms to the rezoning-related Tentative Development Plan. This provision, and other incentives, are
intended as additional benefits for conserving open space.
Per the Town’s Zoning Code, Section 27.10.F.2.c.i.a:
As a part of a rezoning application, the Town Council retains discretion to enable flexible design
options on a case by case basis.
Therefore during a rezoning, the Town Council must approve the use of these flexible design standards,
such as the current request by the WLB Group to utilize the expedited review process for the Kai Naranja
project.
In April 2014, Town Council approved the rezoning of the Kai Naranja development from R1-144 to R1-7
(please see Attachment 1 - Approved Tentative Development Plan and Attachment 2 - Town Council
Minutes). Neighborhood concerns were addressed through the rezoning process. At the Town Council
Minutes). Neighborhood concerns were addressed through the rezoning process. At the Town Council
hearing, there were no public comments provided when the hearing was open to the public.
However, WLB’s original request to utilize the ESL modified review process was inadvertently not
forwarded for Town Council consideration during this hearing.
This agenda item allows Council the opportunity to consider the original request to utilize the expedited
review process for the Kai Naranja project.
FISCAL IMPACT:
N/A
SUGGESTED MOTION:
I MOVE to authorize use of the modified review process established by Section 27.10 for the Kai Naranja
development.
OR
I MOVE to deny use of the modified review process established by Section 27.10 for the Kai Naranja
development.
Attachments
Attachment 1 - Approved Tentatve Development Plan
Attachment 2 - Town Council Minutes
PLAN SUMMARY
Property Area = 45 ± Acres
Open Space = 35% ±
Total Lots = 120:
• 42 (70' x 120')
78 (55' x 120')
MINUTES
ORO VALLEY TOWN COUNCIL
REGULAR SESSION
April 2, 2014
ORO VALLEY COUNCIL CHAMBERS
11000 N. LA CANADA DRIVE
4.PUBLIC HEARING: ORDINANCE NO. (O)14-07, REZONING THE 45 ACRE KAI
NARANJA PROPERTY FROM R1-144 TO R1-7, LOCATED IMMEDIATELY EAST
OF IRONWOOD RIDGE HIGH SCHOOL ON THE SOUTH SIDE OF NARANJA
DRIVE
Senior Planner Michael Spaeth gave an overview of the proposed Kai Naranja property and
discussed the following:
-Location -Review Criteria
-Vicinity -Summary & Recommendation
-General Plan Designation -Applicant Representative
-Existing Zoning -Conditions of Approval
-Applicant's Request -Tentative Development Plan
-Proposed Zoning -ESL Designations
-Neighborhood Meeting/Public Input -Proposed Development
Applicant Paul Oland, representative for WLB, gave an overview of the proposed Kai Naranja
Property.
Discussion ensued amongst Council, Mr. Oland and staff regarding the proposed Kai Naranja
Property.
Mayor Hiremath opened the public hearing.
No comments were received.
Mayor Hiremath closed the public hearing.
MOTION:A motion was made by Councilmember Hornat and seconded by Vice Mayor Waters
to approve Ordinance No. (O)14-07, rezoning the Kai Naranja property totaling 45 acres from
R1-144 to R1-7, subject to the conditions in Attachment 2, finding that the request is consistent
with the General Plan.
Attachment 2
Conditions of Approval
1. An amended Tentative Development Plan in conformance with the Environmentally sensitive
Lands Open Space Requirements will be required prior to Conceptual Site Plan Submittal.
2. All improvements requiring ground disturbance shall be contained within development
envelopes.
MOTION carried, 7-0.
ADJOURNMENT
MOTION:A motion was made by Vice Mayor Waters and seconded by Councilmember Snider
to adjourn the meeting at 9:23 p.m.
MOTION carried, 7-0.
Town Council Regular Session Item # 2.
Meeting Date:07/02/2014
Requested by: Stacey Lemos Submitted By:Stacey Lemos, Finance
Department:Finance
Information
SUBJECT:
RESOLUTION NO. (R)14-42, APPROVING AN INTERGOVERNMENTAL AGREEMENT FOR THE
PROVISION OF ANIMAL CONTROL SERVICES BETWEEN THE TOWN OF ORO VALLEY AND PIMA
COUNTY
RECOMMENDATION:
Staff recommends approval.
EXECUTIVE SUMMARY:
The current intergovernmental agreement (IGA) for the provision of animal control services between the
Town of Oro Valley and Pima County ends June 30, 2014. The proposed animal control services IGA
(please see attached) shall become effective July 1, 2014, and shall continue until June 30, 2016. This
IGA includes optional extensions for up to three (3) additional one (1) year periods.
BACKGROUND OR DETAILED INFORMATION:
Approval of this IGA will authorize the continued provision of animal control services in Oro Valley by
Pima County relating to licensing, enforcement of leash law ordinances, biting dog ordinances, animal
cruelty ordinances and the provision of impoundment and sheltering of stray animals. The term of the
agreement shall become effective July 1, 2014, and shall continue until June 30, 2016, with the option to
extend the agreement for up to three (3) additional one (1) year periods.
FISCAL IMPACT:
Under the provisions of the IGA, all animal licensing and kennel fee revenue related to animal care
services within our jurisdiction is collected by Pima County and credited to the Town. The Town's
expenses for licensing, kennels, enforcement and education are allocated based on the ratio of licenses
processed, animals handled and enforcement calls completed for Oro Valley to those total services
processed by the County.
Animal care service costs increased this fiscal year and are expected to increase further next fiscal year
due to the County's efforts to mitigate the homeless pet population through the expanded spay/neuter
program and expanded shelter services. Attached to this communication is a letter dated June 2, 2014,
from Mr. Kim Janes, Chief of External Affairs for the Pima Animal Care Center, outlining these efforts in
more detail. Also attached to this communication is the FY 2014/15 Animal Services Financial Projection
for the Town of Oro Valley prepared by the Pima County Health Department, which shows the projected
animal care revenues and expenses allocated to the Town of Oro Valley for both FY 2013/14 and FY
2014/15. For FY 2013/14, the projected revenues are approximately $95,000 and projected expenses are
approximately $108,000, for an estimated deficit of $13,000. For FY 2014/15, the projected revenues are
approximately $103,000, and projected expenses are approximately $132,000 for an estimated deficit of
$29,000. The IGA calls for the Town to pay the County the amount to cover the annual deficit. The Town
$29,000. The IGA calls for the Town to pay the County the amount to cover the annual deficit. The Town
has available funds totaling $42,000 from prior year surpluses generated over the past two fiscal years
from animal control services to cover these estimated deficits through FY 2014/15.
SUGGESTED MOTION:
I MOVE to approve Resolution No. (R)14-42.
or
I MOVE...
Attachments
(R)14-42 Animal Control Services IGA with Pima County
Animal Control Svcs IGA
Letter from Kim Janes
FY 14-15 Financial Projection
C:\WINDOWS\TEMP\BCL Technologies\easyPDF 6\@BCL@08033B6C\@BCL@08033B6C.doc Town of Oro Valley Attorney’s Office/ca/041712
RESOLUTION NO. (R)14-42
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF
ORO VALLEY, ARIZONA, AUTHORIZING AND APPROVING AN
INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF
ORO VALLEY AND PIMA COUNTY FOR ANIMAL CONTROL
SERVICES
WHEREAS,pursuant to A.R.S. § 11-952, the Town of Oro Valley is authorized to enter into or
renew agreements for joint and cooperative action with other public agencies; and
WHEREAS, the Town of Oro Valley is authorized to establish and maintain the Oro Valley
Police Department, pursuant to A.R.S. § 9-240(B)(12); and
WHEREAS, on May 16, 2012, the Mayor and Council approved Resolution No. (R) 12-25,
authorizing an Intergovernmental Agreement (“IGA”) between the Town and Pima County
Animal Control Services for a two year period which terminates on June 30, 2014; and
WHEREAS, the Town and Pima County desire to enter the new IGA to renew the IGA for an
additional two years, beginning July 1, 2014 and ending on June 30, 2016; and
WHEREAS, it is in the best interest of the Town of Oro Valley to approve the IGA between the
Town and Pima County in order to continue providing enforcement of leash law ordinances,
biting dog ordinances, animal cruelty ordinances and to provide for the impoundment and
sheltering of stray animals within the Town’s boundaries.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Oro
Valley, Arizona that:
1.The Intergovernmental Agreement between the Town of Oro Valley and Pima
County, attached hereto as Exhibit “A”, for animal control services is hereby
authorized and approved.
2.The Mayor, Chief of Police and other administrative officials are hereby
authorized to take such steps as necessary to execute and implement the terms of
the Amendment.
PASSED AND ADOPTED by the Mayor and Council of the Town of Oro Valley, Arizona, this
2nd day of July, 2014.
TOWN OF ORO VALLEY
____________________________________
Dr. Satish I. Hiremath, Mayor
C:\WINDOWS\TEMP\BCL Technologies\easyPDF 6\@BCL@08033B6C\@BCL@08033B6C.doc Town of Oro Valley Attorney’s Office/ca/041712
ATTEST:APPROVED AS TO FORM:
_________________________________________________________________
Julie K. Bower, Town Clerk Tobin Sidles, Legal Services Director
_________________________________________________________________
Date Date
C:\WINDOWS\TEMP\BCL Technologies\easyPDF 6\@BCL@08033B6C\@BCL@08033B6C.doc Town of Oro Valley Attorney’s Office/ca/041712
Exhibit “A”
Town of Oro Valley PACC 2014 1
INTERGOVERNMENTAL AGREEMENT
BETWEEN
PIMA COUNTY AND THE TOWN OF ORO VALLEY
This Intergovernmental Agreement (“Agreement”) is entered into between the Town of Oro
Valley, a municipal corporation, hereinafter referred to as “TOWN”, and Pima County, a political
subdivision of the State of Arizona, hereinafter referred to as “COUNTY”.
I. RECITALS
WHEREAS, the Town Council of the TOWN desires to enter into an Agreement
with COUNTY for the provision of animal control services relating to enforcement of leash law
ordinances, biting dog ordinances, animal cruelty ordinances and to provide for the impoundment
and sheltering of stray animals; and
WHEREAS, the COUNTY has trained personnel capable of enforcing the TOWN
Animal Control Ordinances and has facilities for the impoundment and sheltering of stray animals;
and
WHEREAS, the COUNTY is engaged in certain activities relating to the operation of
a COUNTY pound, vaccination and rabies control, stray animal impoundment, including an Animal
Care Center, and is therefore presently able to provide assistance and services to the TOWN for
animal control purposes; and
WHEREAS, in accordance with A.R.S. §11-951 et. seq., the TOWN and COUNTY
are authorized to enter into this Intergovernmental Agreement.
NOW, THEREFORE, the TOWN and COUNTY agree as follows:
II. PARTIES’ OBLIGATIONS
1. The County Enforcement Agent, herein designated by COUNTY to be Pima Animal Care
Center, and all employees thereunder, shall be referred to herein as “Town Enforcement Agents.”
2. The Town Enforcement Agents shall administer and enforce the provisions of the Oro
Valley Animal Control Code, applicable state laws and all services related thereunder, including such
amendments to said laws as may be passed from time to time.
3. For the purpose of this Agreement, that certain Ordinance known as the Town of Oro
Valley Animal Control Ordinance is hereby adopted and made a part of this Agreement by reference
as if specifically set forth herein.
4. The Town Enforcement Agents shall be granted those limited police powers necessary to
carry out duties imposed by this Agreement, together with any powers necessary for such agents to
engage in the vaccination, licensing and other activities arising from their duties as Town
Enforcement Agents.
5. The services performed under this Agreement shall be carried out in accordance with Pima
Animal Care Center Policies and Procedures, and the desires of the COUNTY and TOWN as such
desires may be expressed from time to time by the Pima County Board of Supervisors or the Town
Town of Oro Valley PACC 2014 2
Council of Oro Valley. Such scope of service level requirements shall be revised, if necessary, in
accordance with availability of funds allocated for animal control purposes by the TOWN. Any such
revision shall be in the form of a written amendment to this Agreement.
6. The TOWN Prosecutor shall prosecute all criminal matters and the Oro Valley Magistrate
Court shall handle criminal and civil matters arising out of the enforcement of the Oro Valley Animal
Control Code, as amended, pursuant to this Agreement. All fines collected by the Oro Valley
Magistrate Court as a result of the enforcement of the Oro Valley Animal Control Code, shall be the
property of the TOWN, and the TOWN shall be entitled to use the funds for its purposes.
7. The Town Enforcement Agents, acting under this Agreement within the jurisdictional
limits of the TOWN, shall collect animal licensing and kennel fees and such fees as may be required
under the Oro Valley Animal Control Code and/or state statutes, including but not limited to A.R.S.
§ 11-1011. Said funds are to be credited to the TOWN for costs incurred pursuant to this
Agreement.
8. The TOWN’S expenses for licensing, kennels, enforcement and education shall be
allocated by the year-to-date ratio of licenses processed, animals handled, enforcement calls
completed, and events held for the jurisdiction, to the total mentioned services processed by
COUNTY. The administrative expenses shall be allocated based on the average ratios of the year-to-
date percentages of the total licensing, kennels and enforcement expenses of COUNTY. The
TOWN’S expenses for the Spay/Neuter program will be allocated based on a fixed per capita
percentage by jurisdiction.
9. The TOWN shall be extended cooperation and access to documents relating to the Pima
Animal Care Center’s operations in TOWN.
10. Persons employed by the COUNTY in performance of services and functions pursuant to
this Agreement shall have no claim to pension, civil service or other employees’ rights granted by the
TOWN to its officers and employees.
11. The Parties stipulate and agree that COUNTY is not an employee of the TOWN, and is
performing its duties hereunder as an independent contractor, supplying its own employees, and
maintaining its own insurance, worker’s compensation and internal accounting. The TOWN in no
way controls, directs or supervises the actions of the COUNTY under this Agreement.
12. The cost of services charged to TOWN by COUNTY under this Agreement shall include
those costs associated with the use and access to certain departments within the COUNTY by the
Town Enforcement Agents, which use and access is necessary for the performance of services and
functions pursuant to this Agreement.
13. All payments received from constituents on behalf of the TOWN will be deposited daily
with the Pima County Treasurer’s Office into a Fiduciary Agency Account and will instruct the Pima
County Treasurer’s Office to remit to TOWN all revenues collected on behalf of the TOWN on a
monthly basis. Any interest earned on the Account shall be credited to the TOWN. The COUNTY
will bill the TOWN monthly for actual costs incurred on behalf of the TOWN. Payments is due
within thirty (30) days of invoice date. Interest at the rate of 10% per annum will accrue on any
outstanding invoice(s) greater than 30 days. Monthly billing information will include the following:
Town of Oro Valley PACC 2014 3
a. By jurisdiction, a statement of period-end and year-to-date receipts, disbursements,
and the balance of the County Rabies Control Fund.
b. By jurisdiction, the number and types of dog licenses issued, the number of calls that
resulted in a response from the Pima Animal Care Center, the number of animals
processed at the shelter, the number of school presentations provided within the
TOWN, and the number of school children within the TOWN attending the
presentations.
c. The total Pima County Animal Care adopted budget, including operating revenues by
revenue source and operating expense by type of expense.
d. The total Spay/Neuter period-end expenses with the allocation based on a fixed per
capita percentage.
e. The projected year-end balance for the Pima County Rabies Control Fund, including
any projected surplus or deficit for the TOWN.
14. Address Audit. The COUNTY will perform an address audit to verify jurisdictional
information, at least quarterly. Any adjustments resulting from the audit will be processed as needed.
If the outcome results in additional:
a. Funds being due to TOWN, the COUNTY shall notify the TOWN in writing and shall
remit the additional funds to the TOWN within thirty (30) days following the end of
the quarter.
b. Expenditures for the TOWN, an invoice will be submitted to the TOWN due and
payable to the COUNTY within thirty (30) days from the date of invoice.
15. COUNTY will also provide TOWN with a final billing, reconciliation and Financial
Report for the Pima County Rabies Control Fund on or before September 30 for each fiscal year
covered by this Agreement. This report shall contain the same information enumerated in paragraph
13 of this Agreement.
16. If TOWN expenses exceed TOWN revenues for a given period, TOWN shall remit
payment in the amount of the revenue deficit to COUNTY for deposit in the Pima County Rabies
Control Fund within thirty (30) days after TOWN’s receipt of COUNTY’s invoice, billing, and
Financial Report, as described in paragraphs 13-15 above of this Agreement. Interest at the rate of
10% per annum, as stated by A.R.S.§ 44-1201 shall accrue on any balance outstanding 30 days from
the date the official request for funds is received by the TOWN, unless the TOWN submits a written
notice to COUNTY disputing the amount due within fifteen (15) days after TOWN’s receipt of
COUNTY’s period reconciliation and Financial Report. Upon receipt of the TOWN’s written
notice, the COUNTY and the TOWN shall work cooperatively to reach prompt resolution of the
dispute.
17. If TOWN revenues collected exceed TOWN expenses for a given fiscal year, the
COUNTY shall remit the excess funds to TOWN.
III. DURATION AND EFFECTIVE DATE
The term of this Agreement shall become effective July 1, 2014 and shall continue until June
30, 2016. The Parties shall have the option of extending this Agreement for up to three (3) additional
Town of Oro Valley PACC 2014 4
one (1) year periods or any portion thereof. Any modification, termination, or extension shall be
made by formal written amendment executed by the Parties.
IV. WORKERS’ COMPENSATION
Each Party shall comply with the notice provisions of A.R.S. § 23-1022(E), advising
employees who provide services pursuant to this Agreement that they are deemed by the laws of
Arizona to be employees of both public agencies for the purposes of workers’ compensation.
V. INDEMNIFICATION
Each party (as ‘indemnitor’) agrees to indemnify, defend, and hold harmless the other Party
(as ‘indemnitee’) from and against any and all claims, losses, liability, costs, or expenses (including
reasonable attorney’s fees) (hereinafter collectively referred to as ‘claims’) arising out of bodily
injury of any person (including death) or property damage, but only to the extent that such claims
which result in vicarious/derivative liability to the indemnitee are caused by the act, omission,
negligence, misconduct, or other fault of the indemnitor, its officers, officials, agents, employees, or
volunteers.
VI. NON-DISCRIMINATION
The Parties agrees to comply with all provisions and requirements of Arizona Executive
Order 2009-09 including flow down of all provisions and requirements to any subcontractors.
Executive Order 2009-09 supersedes Executive order 99-4 and amends Executive order 75-5 and
may be viewed and downloaded at the Governor of the State of Arizona’s website
http://www.azgovernor.gov/dms/upload/EO_2009_09.pdf which is hereby incorporated into this
Agreement as if set forth in full herein. During the performance of this Agreement, the Parties shall
not discriminate against any employee, client or any other individual in any way because of that
person’s age, race, creed, color, religion, sex, disability or national origin.
VII. AMERICANS WITH DISABILITIES ACT
The Parties shall comply with all applicable provisions of the Americans with Disabilities Act
(Public Law 101-336, 42 U.S.C. 12101-12213) and all applicable federal regulations under the Act,
including 28 CFR Parts 35 and 36.
VIII. APPLICABLE LAW
This Agreement and all obligations upon the COUNTY or TOWN arising therefrom shall be
subject to any limitations of budget law or other applicable local law or regulation. The Parties hereto
shall comply with all applicable federal, state and local statutes, ordinances, regulations, rules, standards
and executive orders.
IX. TERMINATION
This Agreement may be terminated by either Party, with or without cause, upon sixty (60) days
written notice. Upon termination, a final statement shall be sent to the TOWN by the Pima County
Animal Care Center. Within thirty (30) days of receipt thereof, the TOWN shall tender payment of any
deficit or the Pima County Animal Care Center shall tender payment of any surplus.
Town of Oro Valley PACC 2014 5
X. ASSIGNMENT
Any assignment or attempted assignment of this Agreement by either Party without the prior
written consent of the other Party shall be void.
XI. NON-WAIVER
The failure of either Party to insist upon the complete performance of any of the terms and
provisions of this Agreement to be performed on the part of the other, or to take any action permitted as
a result thereof, shall not constitute 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.
The acceptance by either Party of sums less than may be due and owing it at any time shall not
constitute an accord and satisfaction.
XII. CONFLICT OF INTEREST
This Agreement is subject to the provisions of A.R.S § 38-511.
XIII. NON-APPROPRIATION
Notwithstanding any other provisions in this Agreement, this Agreement may be terminated with
or without sixty (60) days notice if the Pima County Board of Supervisors or the TOWN does not
appropriate sufficient funds for the purpose of maintaining this Agreement.
XIV. NON-WARRANTY
The Parties do not warrant their respective right or power to enter into this Agreement and if the
same is declared null and void by court action initiated by third persons, there shall be no liability to the
other Party by reason of such action or by reason of the Agreement.
XV. NOTICES
Any notice required or permitted to be given under this Agreement shall be in writing and shall be
served by personal delivery or by certified mail upon the other party as follows:
COUNTY TOWN OF ORO VALLEY
Director Mayor
Pima County Health Department Town of Oro Valley
3950 S. Country Club, Ste. 100 11000 N. La Canada Drive
Tucson, AZ 85714 Oro Valley, AZ 85737
(520) 229-4700
Town of Oro Valley PACC 2014 6
XVI. LEGAL ARIZONA WORKERS ACT COMPLIANCE
1. TOWN hereby warrants that it will at all times during the term of this Contract
comply with all federal immigration laws applicable to TOWN’S employment of its employees, and
with the requirements of A.R.S. § 23-214 (A) (together the “State and Federal Immigration Laws”).
TOWN shall further ensure that each subcontractor who performs any work for TOWN under this
Contract likewise complies with the State and Federal Immigration Laws.
2. COUNTY shall have the right at any time to inspect the books and records of TOWN
and any subcontractor in order to verify such party’s compliance with the State and Federal
Immigration Laws.
3. Any breach of TOWN’S or any subcontractor’s warranty of compliance with the
State and Federal Immigration Laws, or of any other provision of this section, shall be deemed to be
a material breach of this Contract subjecting TOWN to penalties up to and including suspension or
termination of this Contract. If the breach is by a subcontractor, and the subcontract is suspended or
terminated as a result, TOWN shall be required to take such steps as may be necessary to either self-
perform the services that would have been provided under the subcontract or retain a replacement
subcontractor, as soon as possible so as not to delay project completion.
4. TOWN shall advise each subcontractor of COUNTY’S rights, and the
subcontractor’s obligations, under this Article by including a provision in each subcontract
substantially in the following form:
“SUBCONTRACTOR hereby warrants that it will at all times during the term of this
Contract comply with all federal immigration laws applicable to SUBCONTRACTOR’S employees,
and with the requirements of A.R.S. § 23-214 (A). SUBCONTRACTOR further agrees that
COUNTY may inspect the SUBCONTRACTOR’S books and records to insure that
SUBCONTRACTOR is in compliance with these requirements. Any breach of this paragraph by
SUBCONTRACTOR will be deemed to be a material breach of this Contract subjecting
SUBCONTRACTOR to penalties up to and including suspension or termination of this contract.”
THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
Town of Oro Valley PACC 2014 7
XVII. ENTIRE AGREEMENT
This document contains the entire Agreement between the Parties and it may not be modified,
amended, altered or extended except by a written amendment executed by both Parties.
IN WITNESS WHEREOF, the Parties hereto approve this Intergovernmental Agreement.
PIMA COUNTY TOWN OF ORO VALLEY
Chair, Board of Supervisors Date Mayor Date
ATTEST ATTEST
Clerk of the Board Date Town Clerk Date
REVIEWED BY:
Department Head Date
APPROVED AS TO FORM
Pursuant to A.R.S. § 11-952(D), the attorney for the Town of Oro Valley has determined that the
foregoing Intergovernmental Agreement is in proper form and is within the powers and authority of
the entity as granted under the laws of the State.
______________________________________ ______________________________________
Deputy County Attorney, Pima County Legal Counsel, Town of Oro Valley
________________________
Date Date
PIMA COUNTY HEALTH DEPARTMENT
3950 S. COUNTRY CLUB, SUITE 100 • TUCSON AZ 85714
Phone: (520) 243-7770
June 2, 2014
Greg Caton, Town Manager
Town of Oro Valley
11000 North La Canada Drive
Oro Valley, Arizona 85737
RE: Fiscal Year 2014-2015 Animal Services Update and Projection
Dear Mr. Caton:
Thank you for taking the time recently to visit the Pima Animal Care Center. I hope you found it informative
and helpful.
Staff has also shared with me your interest in a regional jurisdiction council on Animal Care.
Staff concurs that increased collaboration with the Town of Oro Valley on Center operations and to encourage
Town residents to license dogs, spay neuter pets and increase responsible ownership would be beneficial.
Health Department staff will reach out to you and your staff in developing this collaborative effort with Oro
Valley and the other jurisdictions the Center serves.
Currently, the Health Department and the County are setting the course to minimize the number of stray dogs
and cats and eliminate the euthanasia of impounded pets with treatable illnesses, injuries and behavior issues.
The Center is collaborating with County agencies, non-profit rescue organizations, private business and other
local agencies and individuals to share the burden of eliminating the homeless pet population and its associated
public health and safety costs.
Key steps for reducing the euthanasia of our pets and minimizing the homeless pet population include
minimizing animal intake through aggressive spay/neuter of all unaltered pets, treating the treatable shelter pets
and establishing a new, state of the art facility designed for modern animal sheltering operations. As you may
know, the Pima County Board of Supervisors has voted to place the bond initiative to accomplish the last step
on the November 2014 ballot.
According to experience from other successful jurisdictions as well as our own experience over the last three
years with a nominal investment into spay/neuter, the County has found providing affordable and accessible
spay/neuter to our pet owners and for the free roaming cats in our communities is most effective in reducing the
number of free roaming cats and stray dogs. Spay/neuter is also less expensive than sheltering these homeless
pets.
The average cost to humanely care for pets is approaching $120 per pet. Over the last three fiscal years through
the current nominal $110,000 County general fund support to the program, the Center has reduced it animal
intake from over 27,000 pets to nearly 24,000 animals annually. Reducing the intake by over 3,000 pets has
reduced shelter costs over $200,000, which translates into savings for all jurisdictions served. The single
significant change in Center operations effectuating the intake reduction was this general fund investment
combined with a similar amount from grants and donations.
Greg Caton
Fiscal Year 2014-2015 Animal Services Update and Projection
June 2, 2014
Page 2 of 2
Thus, increasing annual efforts to this program remains critical to mitigating the homeless pet population in
Pima County, and concurrently reducing the number of pets impounded and the associated costs of caring for
them. Therefore, the County will increase this program budget from $220,000 to $600,000 per year. Staff is
tasked to fund the program as much as possible through donations, grants, sponsorships and in kind donations
Any remaining expense for the expanded spay neuter program will be shared by the jurisdictions on a per capita
ratio to County population. Therefore, assuming $130,000 in first year donation support to the program and
based on the Town of Oro Valley 2012 per capita ratio of 4.15%, Oro Valley’s share of the remaining $470,000
additional projected animal services expenses in Fiscal Year 2014-2015 is estimated at $19,500.
The County is also ceasing euthanasia of treatable and saveable pets cared for at the Center. Therefore the
average stay time and cost per pet may increase. However, the Center is also on course to minimize impact to
the jurisdictions through additional significant increases in medical donor, sponsor and grant fund development
programs.
The attached projected Fiscal Year 2014-2015 budget incorporating the projected expenses associated with the
changes outlined above is provided for your consideration.
As you may recall on November 5, 2013, the Pima County Board of Supervisors authorized additional budget
allocation for expanding shelter services. According to County Finance staff, expenses associated with this
action are to be shared by and expensed to the jurisdictions from the inception of the emergency action. County
staff interprets the action to authorize the allocation of the current year operating expenses and the allocation of
the cost to construct and equip the facility as part of the charges to be billed next fiscal year. The Town of
Marana’s share of these costs from FY 2013-2014 is projected to be $6,200 and will be included in the July
invoices to be sent in August.
The County’s ultimate goal through effective spay neuter combined with other progressive shelter management
programs is to, in the nearer future, eliminate the homeless pet population and associated expenses leaving only
the abused and neglected pet population to humanely care for.
Should you have any other questions, please contact me at 243-7776.
Sincerely,
Foid K. Janes
Chief of External Affairs
Pima Animal Care Center
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Town Council Regular Session Item # 3.
Meeting Date:07/02/2014
Requested by: Stacey Lemos Submitted By:Stacey Lemos, Finance
Department:Finance
Information
SUBJECT:
AUTHORIZATION OF FUNDING FOR TOWN FACILITY SPACE NEEDS
RECOMMENDATION:
Staff recommends approval.
EXECUTIVE SUMMARY:
Staff recommends the purchase and installation of a triple-wide modular building (2,400 sq. ft. approx..)
on vacant land between the Oro Valley Library and the Development and Infrastructure Services (DIS)
building to accommodate space needs within Town operations, the planned on-site health clinic and a
request from the Friends of the Oro Valley Library for additional book storage space. Please refer to
Attachment A - Site Plan for building placement location.
The estimated budget for this project is $270,000 and includes the purchase of a refurbished modular
building, delivery, setup, exterior stuccoing, interior walls/improvements, site preparation and related
utility connections. Funding for this project would come from the following sources:
SOURCE AMOUNT
Friends of the Oro Valley Library Contribution $ 20,000
Library Impact Fees $ 20,000
Water Utility Fund $ 40,000
Benefit Self-Insurance Fund Reserves $ 60,000
General Fund Reserves $ 130,000
TOTAL FUNDING $ 270,000
BACKGROUND OR DETAILED INFORMATION:
The Friends of the Oro Valley Library recently approached Town staff requesting additional book storage
space with a proposal to locate a Tuff-shed type of building at Naranja Park. Staff expressed concerns
about safety and distance from the library with that location and offered to look at other options.
Additionally, there has been a growing need within Town operations for additional space to
accommodate Town staff and plans/documents storage needs in the DIS Department and storage needs
in the Water Utility Department. In summary, the DIS building is overcrowded, placing over 7,400sf of use
in under 4,700sf of usable space. Within the attached Space Needs Evaluation (Please refer to
Attachment B - 2014 DIS Space Needs Evaluation), current staffing and operations was compared to
standard space requirements as set within the 2006 Town Space Needs Study. Because of the
reorganization of Planning, Building Safety and Public Works Departments into the current DIS
Department, the original 2006 study is not truly applicable outside of the industry accepted space
requirements per position and function.
And finally, adequate space with appropriate privacy is needed to locate the Town's on-site health clinic
that is expected to open to employees and their dependents in January 2015.
As a solution, staff is proposing to acquire a refurbished triple-wide modular building to accommodate
these needs in one location at the Town Hall campus adjacent to the DIS building. The modular would
consist of a floor plan to include a waiting area, exam room, restroom and storage space to accommodate
the on-site health clinic, plus two additional office spaces with separate exterior entries for the Friends of
the Oro Valley Library book storage area, and for Town staff and storage needs.
It is not anticipated that the uses proposed for this modular will generate a significant increase in new
traffic to the Town Hall campus; therefore, existing parking capacity should be sufficient to handle
visitors/users of this building. This site also has the capacity for construction of additional office space, if
needed, in the future. With this project, the necessary utility infrastructure would be installed now to
support possible future expansion.
A refurbished modular is being considered to save on costs; however, this unit will include enhanced
insulation to soundproof the walls to ensure patient confidentiality in the health clinic area. Additionally,
this unit will be ground-set, stuccoed and painted to fit in aesthetically with the surrounding buildings at
the Town Hall campus.
If the funding authorization is approved this evening, the project would begin immediately in order to
have the building in place and operational by early January 2015.
FISCAL IMPACT:
The estimated budget for this project is $270,000 and is proposed to be funded from the various sources
outlined in the Executive Summary above. The Friends of the Oro Valley Library have offered to
contribute $20,000 for their storage space, and the use of $20,000 in Town library impact fees (current
estimated balance $115,000) is also recommended to fund this portion of the building and setup. The
Water Utility reserves in the amount of $40,000 (current estimated balance $14 million) are
recommended to fund a portion of the health clinic in recognition of the fact that Water Utility employees
will be able to use the clinic, as well as the Water Utility's storage needs that will be accommodated by
this space. The balance of the health clinic portion of the building costs would be funded with reserves
from the Benefit Self-Insurance Fund in the amount of $60,000 (current estimated balance $658,000).
Finally, the remainder of the funds are recommended to come from the General Fund Reserves in the
amount of $130,000 (current estimated balance $14 million) for the portion of the space dedicated to DIS
staff and storage needs.
SUGGESTED MOTION:
I MOVE to approve funding in the amount of $270,000 from the sources outlined herein to purchase and
install a modular building at the Town Hall campus to address facility space needs.
or
I MOVE to...
Attachments
Attachment A - Site Plan
Attachment B - 2014 DIS Space Needs Evaluation
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2014 DIS Space Needs Evaluation
A B C 0 ·.1-'":···· E F G H
2006 " ,.: 0,
Standard :~
Staff Existing Area (sf) Position in Space Page Can Area
Actual Position Per' Be Notes Member Area (sf) Space Needs Study Reference Adjusted
Needs r"
Study
Aimee R DIS Asst Director 198 180 Town Engineer ".:f' Tab 4: p41 of 63 no Equivalent to Public Works Director -or now DIS As si stant Director in current org.
DaveW Buil d ing Plans Exam II 136 120 8S Plans Examiner 2," . Tab 4: p7 of 63 no
Patty H Sr . Planning Tech 125 160 Planner Tab 4: p7 of 63 no Patty Functions as a Planner I as well as a Zoning Plan reviewer for Permitting
Bayer V Cons & Sust Administrator 125 120 Principal Planner Tab 4: p7 of 63 no No Match within the organization in 2006, so reverting to Bayer's position in 2006
MikeV Sr . Civil Engineer Tech 126 192 Civil Engineering Tech , Tab 4: p41 of 63 no
Paul K DIS Director/Town Eng 197 180 Community Dev Director Tab 4: p7 of 63 no Closest match. No DIS in 20 06 .
Fritz L Stormwater Civil Eng 124 . 120 Civil Engineering Tech, Tab 4: p41 of 63 no
Cheryl H Senior Civil Engineer 126 ' ... l; 240 Senior Civil Engineer Tab 4: p41 of 63 no
ose R Engineering Division Mgr 126 .Ctl 150 Engineering Division Mgr Tab 4: p41 of 63 no
Chuck K 1& C Comp Mgr/ Build Official 142 150 Building 'Official Tab 4: p7 of 63 no
Lynn G Admin Coordinator 142 80 CD Secretary Tab 4: p7 of 63 no Contract Coordinator and direct Administration Assistant to Director -same position
MattM Sr. Planner 140 200 Senior Planner ,~. Tab 4: p7 of 63 no
TBA Planning Div . Mgr 197 150 P&Z Administrator Tab 4: p7 of 63 no
Chad D Principal Planner 126 120 Principal Planner Tab 4: p7 of 63 no
Marvin M Eng Design Reviewer 126 120 Eng Design Reviewer Tab 4: p41 of 63 no
Harriet H Build Plans Exam I 125 120 BS Plans Examiner Tab 4 : p7 of 63 no
David L Permit Div Mgr 136 " 150 Development Review Mgr Tab 4: p41 of 63 no Permit Div Mgr was created from the Development Review Mgr position
PhilO Build Plans Exam II 128 120 BS Plans Examiner ,. Tab 4: p7 of 63 no
~ennifer G Permit Tech 48 96 BS Development Tech Tab 4: p7 of 63 yes Same Posit ion in DIS Department organization
Charlene S Permit Tech 48 96 BS Development Tech Tab 4: p7 of 63 yes Same Position in DIS Department organization
TBA Development Tech 48 96 BS Development Tech Tab 4: p7 of 63 yes Same Position in DIS Department organization
Chris K GRFD Plans Examiner 64 120 Fire Marshall Tab 4: p7 of 63 yes Same Position in DIS Department organization
~osh P Senior Civil Engineer 95 240 Senior Civil Engineer Tab 4: p41 of 63 ' yes
MarkN Civil Engineer Designer 64 :t', 120 Senior Civil Eng Tech Tilb 4: p41 of 63 yes Similar Position
Mike S Senior Planner 72 " 200 Senior Planner Tab 4: p7 of 63 yes
Roseve l t A Planner 72 160 Planner ~ Tab 4: p7 of 63 yes
Intern Cube Planning Interns 64 64 Planning Technician Tab 4! p7 of 63 yes Similar Position
Elisa H GP Senior Planner 64 200 Senior Planner " ", Tab 4: p7 of 63 yes
~onathan L Building Inspector 56 ~~. 64 Building Inspector Tab 4: p7 of 63 yes
TimM Building Inspector 78.75 64 Building Inspector Tab 4: pl of 63 yes
Erik M Building Inspector 78 .75 64 Building Inspector Tab 4: p7 of 63 yes
MarkT Building Inspector 78.75 64 Building Inspector Tab 4: p7 of 63 yes
Steve C Building Inspector 78 .75 64 , Building Inspector Tab 4: p7 of 63 yes
DavidJ Code Compliance Specialist 56 ! 120 Senior Zoning Inspector Tab 4: p7 of 63 yes Same Position in DIS Department organization
Carol M GP Office Asst 64 I' 64 P&Z Office Specialist Tab 4: p7 of 63 yes
Patty M Office Specia list 64 I :\:~ 80 '1 Office Assistant (PIT) " Tab 4: p41 of 63 yes
Kimberly K Senior Office Asst 64 64 P&Z Office Specialist Tab 4: p7 of 63 yes
Rosanne F Senior Office Specialist 64 64 P&Z Office Specialist Tab 4: p7 of 63 yes
Total Staff Area Only I 3867 I 4776 I
Common Work Area 314 314 Plot/Work Room Tab 4: p7 of 63 no Common DIS Building Plot & Copy Room
I
Storage Needs 506 1800 Community Development Tab 4: p7 of 63 some Includes Book, Plan Case/Permit Files and Archived Projects
530 Public Works Tab 4: p41 of 63 yes Record Copie s of Finished Projects, Archived Project Plans & Active Project Plans
Total Usable Area (Staff + Common + Storage) I 4687 I 7420 I
Town of Oro Vall ey
2006 S ace Needs Stu Qy Overview Shee
Employee Pro'ected Growth: Community Development"
,:t;.f' -: , ..... 2006 Per .Actual ~ 12006 Per Standard l • "'"' J20 g1 ,. -20 11 "-___ " ". ~ "'2.0 1~ .' .: Positlo
~~ Quantity ,Area ~ Quantity' ~, Quantity Area ;i! Quantity Area ! Qua rltJ ty Are a ~
Community Dev . DirectoD 1 197 1 (180 1 180 1 180 1 180
CD Secret C!l'j 1 140 1 80 1 80 1 80 1 80
P & Z Admini strator 1 126 1 150 1 150 1 150 1 150
'SeniOr Zoni ng I nspe~ 1 126 1 120 1 120 1 120 1 120
Zoning Inspec tor 1 56 1 80 1 80 2 160 2 160
'P1Z0ffice Specia ilSf) 1 64 1 @! 1 64 1 64 1 64
P & Z Office Assistant 0 0 0 0 0.5 64 1 64 1 64
Zoning Dev. Coordina tor 2 156 2 160 2 160 2 160 2 160
Principal Planner 1 126 1 120 1 120 1 120 1 120
Se nior Planner 2 144 2 f200 3 300 2 200 2 200
~. 2 128 2 160 2 160 2 160 2 160
Zoni ng Inspecti on Tech 1 78 1 64 1 64 1 64 1 64
Planning T eclv1icia ~ 1 78 1 (64 2 128 1 64 1 64
Buildin\i Offici all 1 135 1 150 1 150 1 150 1 150
Assist ant Buildjng Official 1 142 1 150 1 150 1 150 1 150
as-Sanior Plans Examiner 0 0 0 0 1 120 1 120 2 240
as:Pi'ans Examine~ 4 334 4 480 4 480 5 600 6 720
BS-Sr. Developme nt Tech 1 48 1 48 1 48 1 48 1 48
BS-D eVelOiiffient Tech 2 96 2 {96 3 144 3 144 3 144
Chier Building Inspec lor 1 267 1 150 1 150 1 150 1 150
Build ing I nSjleCiOr) 6 906 6 f384 6 384 7 448 8 512
IFire Marsh-al·~ 1 102 1 12 0 1 120 1 120 1 120
TO'f~lS: "'}r .... \1~-I~ .. '· ~32. ! 3450 32 ~"·3020 !-36.5 ~1~34-f6 -38 ,3516 " -'41 ,3820
'Departm ent Staffing affected by ann exations · see annexation inform alion for Ihese projections t. Gatden Ranch Fire District Em ·loyee
Storage Needs: Community Development)
"'. .~ 1 &~1006 , (2006 Per Standard ... 200? .I 2011 .,._ .20 16 i. ... -Oescrlption ,
Qti11n1itY' JArea ". Quantity ~ea·· Area Quan tity Area Quantity Quan ti ty Area
Bui ld i l1 g .l "~p'ecto~. Book 0 0 1 ~ 1 200 1 200 1 200 SI C!@~
P&Z Reference ~ 0 0 1 @.Q 1 100 1 100 1 150 storag~
Piai)SlOrage :-cUITeili 1 100* 1 @.QQ 1 400 1 400 1 500 PrQicts
!lli~nsit Filin[J
Plann ing Ca ~ 1 31 4 1 @.Q 1 500 1 500 1 500
Pla n Storage nodes 0 0 0 0 0 0 5 300 6 360 fhroughout wrk areas
Archive~ Projects: (Records
!EQQrrJ ll 1 600 1 f600 ..
TOTALS : ., 3 ./ 914 ": '5 '(1800 .. 4 1200 9 .1500 10 .1110
~~; 2021 ~~'i _ • 2026 J Office
Quanti ty !l~h!-'t'~ Quantity Are~ .,. .l~VeI
1 180 1 180 B
1 80 1 80 E
1 150 1 150 D
2 240 2 24 0 0
2 160 2 160 E
2 128 2 128 F
2 128 2 128 F
3 240 3 240 E
2 24 0 2 240 0
3 300 3 300 E+
3 24 0 3 240 E
2 128 3 192 F
2 128 2 128 F
2 300 2 300 C
1 150 1 150 C
2 240 2 240 D
6 720 6 720 0
2 96 2 96 F
4 192 4 192 F
1 150 1 150 C
8 512 9 576 F
1 120 1 120 0
53 4822 -&~55 49 50
2021 . ·~{·}?026 ,
Quan tity Area Quantity 'Ar ea .
1 300 1 30 e
1 200 1 25C
1 600 1 700
1 6{}0 1 600
7 420 8 48 C I
I
11 2120 12 233 0
34 M '" ' ...-. ~ .. '" .. . '-$iA2M'? --e ,:::::::::::.J
.. Currenlly in lunchroom
... Moved 10 off-site slorage . See next page .
Oe P.!!1ment Use Needs: Communit~velopment
·~ri 2006 2006 Per Sta ndard 2001 2011 201 6
fAr e] Area ' Quantity Area Quantify Quan tity Quantity Are a Quanti ty
Public Lobby/ Franl Desk 1 611 1 611 1 6 11 1 611 1
PloliWo rk Ro om 1 314 1 (314 1 314 1 314 1
Planning Breakout Rooms 0 0 2 240 2 240 2 240 2
TOTALS: 2 925 4 1165 4 1165 4 11 65 4 --'---' ~"'--$ ,.l~_ -_~/K """,-.""r~~_ ... .:-. ... ~~_~~ ... ~ .. ". ....
Area
611
314
240
116S
~-
2021 . 2026
Quan tity Area Quantity Area
1 611
1 31 4
2 240
4 1165
~I/:~.~ ... I_--""L .. __
1 611
1 314
2 240
·4 1165 ....-
P a .. land8of 6 l
B ~
Employee Projected Growth: Public Works!" 1
, r 2ll06 Actuid ',; 100e Per Slandar it! ~ 2007 201 1 .' • ;;."1 2ll16 . , :-.-.. 'Z021 " :;c , .2026 .' • '~i~. 0' 0 -. , Quantity' ;~Area i Quantity tAr~ , Quanllty ~Area Qu antity . Area . Quantity Area . Quanlily .Area -, Quantity Area level :
DEVELOPMENT .,
SERVICES BUILD ING ~i
(Curren t) !
Admin.:
Town Engtne.gJ t 197 1 180 1 180 1 tSO 1 180 1 180 1 1110 B
Assis tant Town Engineer () 0 0 0 1 ISO 1 ISO 1 150 , 1SO C
5811101' Ollioo Assistant f 64 1 64 1 64 2 128 '2 128 3 192 3 192 F
Contracl Coordinator 1 64 1 64 1 64 1 54 1 64 1 64 1 64 F
Development: .,
O~ent Re VIew M9r] I 124 1 ISO 1 150 1 150 1 ISO 1 15il 1 150 C
Eng: De Slqn Rlj'lIBwe ij 1 126 1 (120 t 120 '2 240 3 350 J 360 3 35ll 0
CiVIl Enginesr 1 125 1 120 1 120 1 120 2 240 2 240 2 240 0 :
Civil Engineenng Tech . a 192 3 192 3 192 3 192 4 256 4 256 4 256 F
Engineering : :
I Sen.o r C,vil Eng Tech] 1 126 I 120 1 120 '2 240 3 360 3 300 3 : 360 0 ,
I
Se nior C'Yl l E[19lneer (Also ! serves De'lelopmenl) 1 125 2 (240 2 240 2 240 3 360 3 360 J 360 0
IEng D,vlslon 'Man ager) 1 136 1 (150 1 150 1 150 1 150 1 1SO 1 ISO C !
iEngneenngOes!gner Z 123 2 128 2 128 3 192 3 192 3 192 3 192 F :j
CALLE CONCORDIA
:1 PIN K (Current)
Operations: I
PIN RlladsiOrain~~ Spvr t 42 1 150 1 ISO 1 tOO 1 150 1 ISO 1 ISO C :1
OffICe Assislallt (PIT) 1 80 , 80 1 80 1 60 1 80 1 80 1 80 E :1
CALLE CONCORDIA 1
MOBilE OFFICE
CUlTent) I
Operations: ;
OpS(alillllS Division MgE. 1 115 1 ISO 1 150 1 150 I 150 1 1SO 1 150 C
Cps DMsion C"M Eng . 1 81 1 64 1 64 2 128 2 128 4 256 4 256 F
Traffic Eng ineer t 120 1 120 1 120 1 120 1 121J 0 1
Senior T raffle Signal t 80 80 SO 1 80 80
I
1 1 1 E Engineer Tech . t
iTrallic Signal Cil/ll Eng.
1 81 1 64 2 128 3 192 3 192 4 25S 4 256 F Tech.
Ops Senior Office Assistant 1 54 1 64 1 64 2 128 2 128 4 255 4 256 F ~~
SIOfIll'JItlter MalUlger 1 120 1 f20 1 120 I 120 1 120 0
51omr.Yi!ter Civil Enq. T et:b 1 81 1 64 2: 128 3 191 3 192 4 25S 4 256 F
PiM!IIlent Data Manager I 120 t 121J t 120 1 f20 1 120 D
Pavement Tecl1nician t.5 95 2 128 2 128 2 [28 2 128 F
Engineering: I
Eng.DivisiM Consl Mgr. 1 U5 1 120 I 120 1 t20 t 120 I 120 t 120 0
Construction Clerk 1 31 1 64 1 64 2 128 2: 128 4 256 4 256 F
Ins pection {)Ilil Eng . T edl 4 112 " 256 4 255 <I 255 4 ,256 6 384 6 384 F
SelllOfCiviIEng. Teen. 1 81 t 64 1 64 2 128 2 128 .. 2.56 4 255 F
Pmjed MqrlCivil Engineer 1 m 1 126 1 120 '2 240 2 240 4 4lID 4 450 0
CALLE CONCORDIA
MAI NT. BLDG [Current}
Operatians;
Streel Sup.eMlendMt I 128 t ISO I 150 1 150 1 ISO 1 ISO t ISO C
Traffic Signs Crew 5 iSO 6 tOO 9 270 12 J60 12 350 24 120 24 no G
Stree ts and Dramaqe Crew 9 ISO 9 270 12 360 II! 540 til 540 36 IaBO 35 1080 G
TOTALS : 45 2313 45 3383 59.5 4232 81 S55li 8& 6100 13 81)72 1J1 8072
:':''' -"t:.;:;;;,.;:::t::':;::;:..:.;;.:,:,:,;;::~, ~. ~: ~ ; , '.' • ....>-. ":,."., '0:: • .i.,~ ~,::;".:; ~ .: ,.:.: ~!,:..:.::: ;:;;!::' ...... ,. .. ;;;;.;.z:. .. --~;:.;:.-:: .. ! ... ~ s ~ .. "' ..... -... ~_ -":;J' .. ; ; .~ ..... :...;; :.:;. -::.:,:,: :..::.:;;.;.::.z;..;.:;:.:-:::-...:.:.;;, ... .::.1 : • ~:; , ,........ '" JI(; ,,~ •• ;.,'1:::.:.: .. ...:...--;;.;:
Storage Needs : Public Works
2006 J006Per Standard! 2007 2011 2016 71t21 2025 e ti io Quantily Are~ Quanti'" Quantity Area Quantity Atea Quantity Area Area Quanllty AlI~3 Quantity Area
Reoocd COllies. illl /larsl ,oV 1 80 f reo .' ::
,fint 'ih~d Pit orn-;:;;;~
\To .... /"d pl'lt"d;J ~ 1 200 1 (200 .,
tf:!Wfds room)l
Actl ,;; 9N!~d plill1~ I tOO I 2511 I 250 1 250 1 35IJ 1 lSO I 3SC
PulJllc Works canttal I 200 ' I lilOGO I 10000 I IOOllO I IOCOO I 10000 1 10000 malenal slllfooe
TOTALS: 4 380 4 111530 2 10250 , 10256 1 10350 1 t0350 1 10353
' ..... < "'. , ........... -, t , .... +4.' :j. ... l ........ , t. ,. ~ ~ ... ~ .. _~'" • • ... A·" .... "_·.c .............. ·• ....... · ..... '" ......... ,-, ~ .............. • , + .... 4 l>-, ..... ~ ................. '" t ... t f
• cw reol rented storag e uwl fllf Iraffi c stgnals
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""
2006 SPACE INVENTORY
TOWN OF ORO VALLEY, ARIZONA
BUILDING
DEVELOPMENT ONE STOP SHOP
LOCATION
TO WN HALL PROPERTY
DEPARTMENTS
nSf
GIS
tZOsr
COMM UNITY DEVELOPMENT (EXCLUDI NG LlB ARARY), PUBLIC WORKS
PW ?W
SENIOR SENIOR
CML CIVil TOWN
ENGlflE ER ENGiNEERING ENGINEER
TECHNICIAN 19'
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PW
DEVELOPMENT
REVIEW
PV/ MAN.AGER
SEN.IOR PW ",$'
OfFICE CONTRACT
ASSISTANT ROINATC ENGINEERING
64 SF DESIGN
REVlEWER
ZONING:
-{21 0EVE:LOP MENT SENIOR
COORDINATORS ZONING
·IN3PE CTION TECH'lICIN INSPECTOR
·PLANNING TECHN!CIAN
S'\S:SF-
lOl'ltNG PlANS ?? lNSPECTOR EXAMINER
"'SF
PLIINS
PLANNER EXANJNER SENIOR 64st PlI\NS
EXAMINER
1'&2; <<2S!'
PLANNEll OFFiCE
SPECIALIST
COMMUNIlY
DEVelOPMENT
SECRETARY
COMMUNITY PR INe!p/\!. P&l
FLAII/NER ADMINISTRATOR DEVElOPMENT
12il5F 11051' DIRECTOR
PROJ NO : 05288
DATE:
CAD DWG:
DRAWN BY:
CHECKED BY: JK
TH.2
Town Council Regular Session Item # 4.
Meeting Date:07/02/2014
Requested by: Paul Keesler
Submitted By:Paul Keesler, Development Infrastructure Services
Department:Development Infrastructure Services
Information
SUBJECT:
DISCUSSION AND POSSIBLE ACTION REGARDING TEMPORARY SIGN RELIEF FOR BUSINESSES
FRONTING ORACLE ROAD (SR-77) IMPACTED BY THE CURRENT STREET CONSTRUCTION
PROJECT
RECOMMENDATION:
Staff recommends approval of a Council action relieving businesses fronting Oracle Road within the
current construction zone (Tangerine Road north to the Town's limits) from the provisions of the Oro
Valley Zoning Code, Chapter 28 - Signs, with the following conditions:
Any sign utilized, must match the form, standards and construction type of temporary signs already
offered in the Zoning Code.
This sign relief will conclude upon completion of the construction project, which is estimated to be
June 2016.
The placement of all signs shall be on private property adjacent to the construction zone and not
within the public right-of-way.
No more than two signs will be allowed per business.
EXECUTIVE SUMMARY:
According to one of the businesses (Oro Valley Hospital on behalf of the Urgent Care) within the Oracle
Road construction zone, construction activities have adversely affected their revenue. The lack of
visibility and the periodic closing of driveway access points have affected the volume and frequency of
public patronage. They attribute this downturn to the impact of the construction project.
Although staff and the contractor attempt to make as many accommodations as possible to lessen the
impact of the street construction project, the activity, impediments to visibility and temporary driveway
closures are inevitable. So to this end, these businesses are asking for additional signage to attract
business.
BACKGROUND OR DETAILED INFORMATION:
The current Oracle Road construction project is expected to conclude in June 2016. During this time, due
to the aggressive schedule, there have been an abundance of construction-related activities along the
road such as utility relocation. These activities often require the closing of driveway entrances, stockpiling
of dirt and placement of large equipment. All of these factors affect the visibility and ease of access to the
adjacent businesses.
Staff has been contacted per a request for some type of economic relief from the construction for the
businesses within the project zone, in the form of additional signage. The Zoning Code does not offer
effective signage solutions that could help these businesses increase their visibility to the traveling public
effective signage solutions that could help these businesses increase their visibility to the traveling public
along Oracle Road given the current state of construction. Either the signage is too small or cannot be
placed effectively in order for the public to see beyond the construction activities.
This relief measure would enable businesses fronting the road within the confines of the street
construction project, to utilize any temporary signage the Zoning Code offers. In particular, this relief will
be in the form of not applying the specific use restrictions to all sign types offered in the Code. The
businesses could utilize any of the approved sign types on private property within the construction zone.
Some of these sign types are larger and taller than current permitted sign options. Staff recommends that
these additional sign types be made available until June 30, 2016, at which point construction should
be complete with only minor finishing activities remaining.
It is anticipated that businesses will most likely utilize the “New Business” banner allowance, which is the
largest banner size that Code allows at 64 square feet. This particular banner can be hung on the wall of
a building or it can be used as a freestanding banner if it is placed in a frame. A freestanding banner is
allowed to be near the road, but must remain on the property where the business is located
FISCAL IMPACT:
N/A
SUGGESTED MOTION:
I MOVE to grant temporary Zoning Code sign relief for businesses fronting Oracle Road within the current
construction zone with the following restrictions:
Any sign utilized, must match the form, standards and construction type of signs already offered in
the Zoning Code.
This sign relief will conclude on June 30, 2016.
The placement of all signs shall be on private property adjacent to the construction zone and not
within the public right-of-way.
No more than two signs will be allowed per business.
or
I MOVE to continue to apply the current Zoning Code sign provisions and current sign relief measures in
place to all businesses.