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**AMENDED 10/29/08, 4:00 p.m. AGENDA ORO VALLEY TOWN COUNCIL REGULAR SESSION NOVEMBER 5, 2008 ORO VALLEY COUNCIL CHAMBERS 11000 N. LA CANADA DRIVE REGULAR SESSION AT OR AFTER 5:00 PM CALL TO ORDER ROLL CALL EXECUTIVE SESSION AT OR AFTER 5:00 PM Pursuant to ARS 38-431.03(A)(3) for consultation with the Town Attorney regarding the Town's pending complaint against Tucson Electric Power at the Arizona Corporation Commission RESUME REGULAR SESSION AT OR AFTER 6:00 PM CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE UPCOMING MEETING ANNOUNCEMENTS — TOWN MANAGER COUNCIL REPORTS DEPARTMENT REPORTS TOWN MANAGER'S REPORT The Mayor and Council may consider and/or take action on the items listed below: ORDER OF BUSINESS: MAYOR WILL REVIEW THE ORDER OF THE MEETING CALL TO AUDIENCE —At this time, any member of the public is allowed to address the Mayor and Town Council on any issue not listed on today's agenda. Pursuant to the Arizona Open Meeting Law, individual Council Members may ask Town Staff to review the matter, ask that the matter be placed on a future agenda, or respond to criticism made by speakers. However, the Mayor and Council may not discuss or take legal action on matters raised during "Call to Audience." In order to speak during "Call to Audience" please specify what you wish to discuss when completing the blue speaker card. PRESENTATION Pause for Paws: Presentation by Foundation for Animals In Risk (FAIR) 11/05/08 Agenda, Council Regular Session 2 1. CONSENT AGENDA (Consideration and/or possible action) A. Minutes — 9/17/08; 9/24/08; 10/01/08; 10/08/08 B. Building Safety Activity Report - September 2008 C. Coyote Run Monthly Report - September 2008 D. Police Report - September 2008 E. Public Safety Fire and Emergency Medical Service Providers Quarterly Report to Council - July 1, 2008 - September 30, 2008 F. Appointment of Karen Lynn Chatterton and John Scheuring to the Parks and Recreation Advisory Board for terms to expire on June 30, 2010; and designating Alison C. Boelts as the alternate to be seated on the Board if a vacancy occurs prior to June 30, 2009 G. Appointment of Jeremy Christopher and Robert E. Swope to the Board of Adjustment with terms to expire June 30, 2010; and appointing Jimmy Fields to fill an unexpired term due to expire June 30, 2009 H. Resolution No. (R)08-73 Adopting the Town of Oro Valley Department of Public Works Transit Services Division Prevention of Alcohol Misuse and Prohibited Drug Use Policy I. Resolution No. (R)08-74 Declaring that certain document entitled "the Town of Oro Valley Assurances Code", Section 26.6 Oro Valley Zoning Code Revised, a public record J. Resolution No. (R)08-75 Declaring that certain document entitled "the Town of Oro Valley Art Review Commission Scope and Duties and Public Art Provisions", Sections 21.8 and 27.3 Oro Valley Zoning Code Revised, a public record K. Resolution No. (R)08-76 Authorizing and approving a Mutual Aid Agreement with Arizona Water and Wastewater Agency Response Network (AZWARN) L. **Resolution No. (R)08-78 Approving agreements between the Central Arizona Water Conservation District and the Town of Oro Valley for water storage at the Avra Valley Recharge Project, the Lower Santa Cruz Replenishment Project and the Pima Mine Road Recharge Project 2. PUBLIC HEARING - RESOLUTION NO. (R)08-77 TO ESTABLISH AND INCREASE WATER RATES, FEES AND CHARGES FOR THE ORO VALLEY WATER UTILITY 3. PUBLIC HEARING - ORDINANCE NO. (0)08-22 ADOPTING ORO VALLEY TOWN CODE CHAPTER 18, ORO VALLEY ANIMAL CONTROL CODE, AND PROVIDING FOR PENALITIES FOR VIOLATION THEREOF 4. OV12-97-22B REQUEST FOR APPROVAL OF A DEVELOPMENT PLAN FOR AN ADDITION TO THE EXISTING VISTOSO COMMUNITY 11/05/08 Agenda, Council Regular Session 3 CHURCH LOCATED AT 1200 E. RANCHO VISTOSO BLVD. PARCEL #223-05-003D 5. OV12-08-17 REQUEST FOR APPROVAL OF A DEVELOPMENT PLAN FOR THE PROPOSED ORO VALLEY TRANSIT AND CIRCULATOR PARK AND RIDE FACILITY, LOCATED IN PROXIMITY TO THE NORTHEAST CORNER OF RANCHO VISTOSO BOULEVARD AND INNOVATION PARK DRIVE 6. DISCUSSION AND POSSIBLE DIRECTION TO THE TOWN ATTORNEY REGARDING THE TOWN'S PENDING COMPLAINT AGAINST TUCSON ELECTRIC POWER AT THE ARIZONA CORPORATION COMMISSION 7. DISCUSSION AND COUNCIL MEMBER INPUT ON THE UPCOMING "COMMUNITY CONVERSATIONS ON LAND-USE PLANNING" SESSION SPONSORED BY THE SOUTHERN ARIZONA LEADERSHIP COUNCIL AND ARIZONA TOWN HALL 8. APPOINTMENT OF TWO COUNCIL MEMBERS TO SERVE ON THE 2008 VOLUNTEER RECOGNITION SELECTION COMMITTEE 9. FUTURE AGENDA ITEMS (The Council may bring forth general topics for future meeting agendas. Council may not discuss, deliberate or take any action on the topics presented pursuant to ARS 38-431.02H) CALL TO AUDIENCE — At this time, any member of the public is allowed to address the Mayor and Town Council on any issue not listed on today's agenda. Pursuant to the Arizona Open Meeting Law, individual Council Members may ask Town Staff to review the matter, ask that the matter be placed on a future agenda, or respond to criticism made by speakers. However, the Mayor and Council may not discuss or take legal action on matters raised during "Call to Audience." In order to speak during "Call to Audience" please specify what you wish to discuss when completing the blue speaker card. ADJOURNMENT POSTED: 10/24/08 RE-POSTED: 10 29 08 3:30 p.m. 4:00 p.m. ejk cp 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 s• 11/05/08 Agenda, Council Regular Session 4 the Town Clerk's Office at least five days prior to the Council meeting at 229- 4700. TOWN OF ORO VALLEY Page 1 of 1 COUNCIL COMMUNICATION MEETING DATE: 11/5/08 TO: HONORABLE MAYOR AND COUNCIL FROM: DAVID ANDREWS, TOWN MANAGER SUBJECT: PAUSE FOR PAWS: PRESENTATION BY FOUNDATION FOR ANIMALS IN RISK(FAIR) SUMMARY: Pause for Paws is intended to be an opportunity for local animal rescue organizations or shelters to showcase a pet that is available for adoption from the Oro Valley area to members of the community. Tonight members of the Foundation for Animals in Risk are here to showcase an animal they currently have available for adoption. The Foundation for Animals in Risk is a non-profit, no-kill animal rescue organization that is committed to: • Rescuing animals from kill shelters and finding them permanent homes; • Alleviating the suffering of animals caused by neglect, cruelty, and ignorance; • Educating the community about responsible pet ownership through our youth and adult volunteer programs; • Working cooperatively with reputable animal welfare groups in activities including, but not limited to, spay and neuter programs; and • Aiding law enforcement's efforts to investigate and prosecute crimes of animal cruelty. Council Members Latas and Gillaspie sponsored this item and have requested that it be a standing item at each Council meeting. David Andrews, Town Manager September 16, 2008 Stan LaVelle Construction Manager Oro Valley,AZ 85704 RE: CDO Linear Park Project—Logan's Crossing Dear Mr. LaVelle; I am writing to thank you for addressing the erosion issues from the CDO Linear Park Project along our property. Your idea of the 8" extruded curb seems to have solved the erosion ditches on the slope of the trail that occur after heavy rains. You gave this issue a high priority and followed through until it was resolved keeping me up to date through the entire process. Thank you again, David Moyer 1020 W Saddlehorn Dr. cc: Ainsley Reeder, Parks & Recreation Director Jose N. Rodriquez, Engineering Division Manager Cheryl Hulle, Senior Civil Engineer Craig Civalier,Town Engineer A MINUTES ORO VALLEY TOWN COUNCIL REGULAR SESSION SEPTEMBER 17, 2008 ORO VALLEY COUNCIL CHAMBERS 11000 N. LA CANADA DRIVE CALL TO ORDER - 5:35 p.m. ROLL CALL PRESENT: Paul Loomis, Mayor Paula Abbott, Council Member K.C. Carter, Council Member Bill Garner, Council Member Barry Gillaspie, Council Member Salette Latas, Council Member EXCUSED: Al Kunisch, Vice Mayor EXECUTIVE SESSION AT OR AFTER 5:30 P.M. MOTION: A motion was made by Council Member Carter and seconded by Council Member Abbott to go into Executive Session at 5:35 p.m. for the following purpose: Pursuant to ARS 38-431.03A(1) Town Manager's Annual Performance Evaluation. MOTION carried, 6-0. Mayor Loomis announced that in addition to the Town Council, the Town Manager and the Town Attorney, Human Resources Director Sandra Abbey would also be present in Executive Session. MOTION: A motion was made by Council Member Carter and seconded by Council Member Garner to go out of Executive Session at 7:15 p.m. MOTION carried, 6-0. CALL TO ORDER - 7:30 p.m. ROLL CALL PRESENT: Paul Loomis, Mayor Paula Abbott, Council Member K.C. Carter, Council Member Bill Garner, Council Member Barry Gillaspie, Council Member Salette Latas, Council Member EXCUSED: Al Kunisch, Vice Mayor 9/17/08 Town Council Regular Session Minutes 2 PLEDGE OF ALLEGIANCE Mayor Loomis led the audience in the Pledge of Allegiance. UPCOMING MEETING ANNOUNCEMENTS Town Manager David Andrews reviewed the upcoming meetings and events. COUNCIL REPORTS - No reports. DEPARTMENT REPORTS Communications Administrator Mary Davis introduced the Town's new Communications Specialist, Kelsey Hansen. Town Engineer Craig Civalier invited the public to attend the grand opening of the CDO Linear Park to be held on October 22nd at 8:30 a.m. TOWN MANAGER'S REPORT - No report. CALL TO AUDIENCE Barry DeSimone, non-Oro Valley resident, referenced the Arroyo Grande project and stated that he felt that there were no good reasons to annex this property. He stated that the negative reason would be that the Town may want to implement a property tax. He questioned the long term consequences of doubling the size of the Town. Oro Valley resident Kathy Pastryk asked why the Town wanted to grow twice as large and why would the Council want to authorize the annexation of Arroyo Grande. She also expressed concern regarding the Town's future water supply if this area were annexed. Oro Valley resident Nancy Martin, representing the Wilson School PTO, thanked the Town for the installation of the traffic signal at La Cholla Boulevard and Glover Road. PRESENTATIONS: Presentation of Plaque of Appreciation to Pete Bistany for his service on the Planning & Zoning Commission from April 2003 to June 2008 Presentation by Amanda Jacobs, Economic Development Specialist, regarding the unveiling of the Town's new Economic Development video entitled "Close to Everything, A World Apart". 9/17/08 Town Council Regular Session Minutes 3 Presentation by Bob Oro regarding the "Healthiest Town in America" program Dr. Bob Oro updated the Council on the nationwide movement entitled "America on the Move" and the local movement entitled the "Healthiest Town in America". He stated that the kickoff date would be January 17, 2009 and their vision is to ask citizens in Northwest Pima County to wear a pedometer, track daily activity and to not gain any weight for one year to help Oro Valley become the "Healthiest Town in America". 1. CONSENT AGENDA At the request of Council, Mayor Loomis pulled items A, C, D and E for discussion. MOTION: A motion was made by Council Member Carter and seconded by Council Member Garner to approve Consent Agenda items B and F. MOTION carried, 6-0. A. Minutes - 7/16/08; 8/13/08; 08/27/08 MOTION: A motion was made by Council Member Abbott and seconded by Council Member Latas to approve the minutes of August 27, 2008 and continue consideration of the July 16 and August 13 minutes to the next regular Council meeting. MOTION carried, 6-0. B. Economic Development Division Monthly Report - July/August 2008 C. Resolution No. (R)08 - 68 Approving an Intergovernmental Agreement between the Metropolitan Domestic Water Improvement District, the Flowing Wells Irrigation District, the Town of Marana and the Town of Oro Valley (the "NW Water Providers") for the NW Water Providers Central Arizona Project Water System route study and future studies (PULLED FOR DISCUSSION) Discussion followed regarding future studies (studies do not include design, construction or operations. Studies would look at routing, water quality studies, sizing of pipeline and preliminary cost analysis), $350,000 is set aside in this year's budget (plus cost sharing with other entities) and keeping the Council apprised of future study costs. MOTION: A motion was made by Council Member Gillaspie and seconded by Council Member Abbott to adopt Resolution (R)08-68 approving an Intergovernmental Agreement between the Metropolitan Domestic Water 9/17/08 Town Council Regular Session Minutes 4 . Improvement District, the Flowing Wells Irrigation District, the Town of Marana and the Town of Oro Valley (the "NW Water Providers) for the Northwest Water Providers Central Arizona Project Water System Route Study and future studies not to exceed $350,000 as specified in the 2008/2009 budget. MOTION carried, 6-0. D. Resolution No. (R)08 - 69 Authorizing the execution of a Grant Application by the Oro Valley Police Department to the Governor's Office of Highway Safety to purchase DUI Enforcement Equipment and for funding personnel services and related expenses (PULLED FOR DISCUSSION) In response to a question from Council Member Abbott regarding the budget outline for the grant, Assistant Police Chief Larry Stevens explained that the Police Department would utilize overtime for personnel services and would not be hiring any new personnel. MOTION: A motion was made by Council Member Abbott and seconded by Council Member Latas to adopt Resolution (R)08-69. MOTION carried, 6-0. E. Resolution No. (R)08 - 70 Providing Notice of Intent to establish and increase water rates fees and charges for the Oro Valley Water Utility - public hearing to be held at 7:00 p.m., November 5, 2008 (PULLED FOR DISCUSSION) Town Clerk Kathryn Cuvelier clarified that the public hearing would be held at 6:00 p.m. on November 5, 2008 due to the Council meeting time change. Mayor Loomis opened the floor for public comment. Oro Valley resident Geri Ottobani expressed concerns regarding the increase in cost of water. She stated that water is a luxury and asked who in Oro Valley wanted to double its population and what would happen to our future water supply. MOTION: A motion was made by Council Member Gillaspie and seconded by Council Member Carter to adopt Resolution (R)08-70 providing Notice of Intent to establish and increase water rates, fees and charges for the Oro Valley Water Utility and establishing a public hearing date for November 5, 2008. MOTION carried, 6-0. F. Appointment of James Loughney to the Planning & Zoning Commission 9/17/08 Town Council Regular Session Minutes 5 filling the unexpired term of Ray Paolino effective September 17, 2008 to June 30, 2009 2. PUBLIC HEARING - CONSIDERATION AND POSSIBLE RECOMMENDATION TO STATE LIQUOR BOARD FOR APPROVAL OF AN APPLICATION FOR A SERIES 12 (RESTAURANT) LIQUOR LICENSE FOR SPOTLIGHTS GRILL LOCATED AT 1335 W. LAMBERT LANE, #101 Oro Valley resident Cheryl Salamon and owner of Spotlights Grill stated that she was present for questions. Mayor Loomis opened the public hearing. There being no speakers, the public hearing was closed. MOTION: A motion was made by Council Member Abbott and seconded by Council Member Latas to recommend approval of the issuance of the Series 12 Liquor License to the Arizona State Liquor Board for Ms. Cheryl Salamon and principal at Spotlights Grill located at 1335 W. Lambert Lane, #101. MOTION carried, 6-0. 3. PUBLIC HEARING - ORDINANCE NO. (0)08 - 19 AMENDING CHAPTER 6, SECTION 6-5-1 ENTITLED "SWIMMING POOL CODE" OTHERWISE KNOWN AS THE "2008 TOWN OF ORO VALLEY POOL AND SPA CODE" Jack Holden, Assistant Building Official, stated that the adoption of Ordinance (0)08-19 would update the Pool and Spa Code. He explained that the changes were primarily due to life and health safety issues, conformity with current editions of companion building codes adopted by the Town, construction technology, local community issues and errors in the current printed code. He further explained that there were two additional corrections that staff recommends for Council approval: 1) Change Section 401.3 to read, "Safety cover. A pool/spa safety cover may be used for a barrier or enclosure at residential applications only if all the following conditions are met " and 2) Change Section 401.4 to read "Securable space cover. A securable space cover may be used for a spa barrier or enclosure at residential applications only if all the following conditions are met " Council Member Gillaspie requested that in the future, a full Code and copies of any comments received from pool companies be included and that the Code include strikeouts and new wording in bold lettering for Council's review. Mayor Loomis opened the public hearing. There being no speakers, the public hearing was closed. 9/17/08 Town Council Regular Session Minutes 6 • MOTION: A motion was made by Council Member Gillaspie and seconded by Council Member Abbott to adopt Ordinance (0)08-19 adopting the 2008 Town of Oro Valley Pool and Spa Code with the following amendments: Change Section 401.3 to read, "Safety cover. A pool/spa safety cover may be used for a barrier or enclosure at residential applications only if all the following conditions are met " and 2) Change Section 401.4 to read "Securable space cover. A securable space cover may be used for a spa barrier or enclosure at residential applications only if all the following conditions are met " MOTION carried, 6-0. 4. FUTURE AGENDA ITEMS Council Member Garner - Requested a Study Session to look at the 1`)/0 for public art, the use of that funding and how it could be utilized in existing town right-of- ways. Council Member Latas seconded the request. CALL TO AUDIENCE - No speakers. ADJOURNMENT MOTION: A motion was made by Council Member Carter and seconded by Council Member Garner to adjourn at 8:25 p.m. 411) MOTION carried, 6-0. Prepared by: Roxana Garrity, C M C Deputy Town Clerk I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular session of the Town of Oro Valley Council of Oro Valley, Arizona held on the 17th day of September 2008. I further certify that the meeting was duly called and held and that a quorum was present. Dated this day of , 2008. Kathryn E. Cuvelier, CMC Town Clerk A MINUTES ORO VALLEY TOWN COUNCIL STUDY/SPECIAL SESSION September 24, 2008 ORO VALLEY COUNCIL CHAMBERS 11000 N. LA CANADA DRIVE CALL TO ORDER - at 5:30 p.m. ROLL CALL PRESENT: Al Kunisch, Vice Mayor Paula Abbott, Council Member K.C. Carter, Council Member Barry Gillaspie, Council Member Bill Garner, Council Member Salette Latas, Council Member EXCUSED: Paul Loomis, Mayor 1. Discussion regarding Development Review Fees recommended changes Finance Director Stacey Lemos presented the proposal: thib, • Considerations for updating fees: o Recommended by the Government Finance Officers Association for best practices and strategic plan goals o Fees were last reviewed in 2003 o Increase cost recovery percentage in the development review process o Incentive for plans to be submitted correctly the first time o Competitive pricing with surrounding jurisdictions • Proposed fee highlights o Analysis to determine the cost of service based on employee time spent o New fees for 3rd and 4th submittals of plans Ms. Lemos' presentation included fee comparisons between current and proposed fees for the following areas: • Preliminary/Tentative Plat/Development plans • Landscape plans • Native Plant Preservation Plan (NPPP) & Native Plant Preservation Ordinance (NPPO) • Final plats • Paving, grading and sewer plans • Stormwater Pollution Prevention Plan (SWPPP) • Grading permits • Planning and Zoning Fees 9/24/08 Minutes, Town Council Study/Special Session 2 Ms. Lemos compared the Town's current and proposed fees with surrounding jurisdictions based on a 100 lot residential subdivision. She stated that currently 4.11)the Town's development fees totaled $19,945 and the proposed total would be $73,310. She noted that the municipalities most similar to the Town of Oro Valley were the Towns of Sahuarita and Marana. She informed Council that the proposed fees for Oro Valley would be more in line with the development fees for the Town of Marana - $90,160 and the Town of Sahuarita - $71,530. Ms. Lemos also compared the Town's current and proposed fees with surrounding jurisdictions based on a 100,000 square foot commercial development. She stated that the Town's current fees totaled $8,465 and the proposed fees were $34,210. She noted that the Town of Marana's fees were $44,230 and the Town of Sahuarita's fees were $35,540. Ms. Lemos noted that currently Development Services has a cost deficit of $451,955. She stated that the cost impact to homeowners, based on fees for a 100 residential lot scenario were currently $199 per lot and the proposed fees would be $733 per lot. Ms. Lemos concluded her presentation requesting direction from Council. Discussion noted the following: • The Town of Marana's fees have been in effect since 2006 • The Town of Sahuarita's fees have been in effect for several years. • The Town of Oro Valley's fees were the most expensive. o In order to recoup expended resources, the fees were aligned with similar jurisdictions. • Oro Valley's current fee schedule had not been reviewed in the last 4 to 5 years. • The Town of Marana was not recovering 100% of their costs. • The goal for the Town of Oro Valley was to recover 100% of development review costs. o The proposed fees would bring the Town close to this goal. • The main cost drivers were salaries and benefit growth. • Other high cost drivers were: o Outside plan reviews with Vestar o Software Investment • Initial submittals require a great deal of time to review. o Second submittals take 1/2 the time to review. • Currently, each review has a 4 week turnaround. • Planners and Building officials have been busier than ever due to commercial building. • Analysis has determined that 3.7 reviews were conducted per plan. Council directed Staff to prepare a resolution regarding Development Impact fees and to bring it to Council for action at a future meeting. 9/24/08 Minutes, Town Council Study/Special Session 3 2. Discussion regarding Parks and Recreation Department Revenue and Fee Policy Parks and Recreation Director Ainsley Legner explained the proposed Revenue and Fee Policy: • Based on cost recovery pyramid methodology • Subsidy/cost recovery philosophy for programs and facility usage • Justification for programs and services supported by tax subsidy versus user fees • Process: o Voted unanimously by the Parks and Recreation Advisory Board to recommend for Council approval. o Per Town Code: ■ Council has authority to set usage fees ■ Parks and Recreation Director has authority to set fees for activities and special events • Options and Considerations: o Discounts for residents o Senior and/or youth discounts o Revenue goals o Fee differentials for peak facility usage time and non-peak time • Revenue Target - Department wide cost recovery Ms. Legner requested direction from Council. Discussion encompassed the following: • Research to charge fees at different rates for non-profit vs. for profit organizations • Implementation of the Pass Management Module o An identification system that tracks which services residents use and discerns residents from non-residents • Riverfront Park cannot have differential fees due to the subsidy from Pima County and the terms of the intergovernmental agreement o The system would require funds from the Operations and Maintenance fund • The first module of the software has been implemented Council Members requested the following: • More detailed information regarding which areas of Parks and Recreation were most utilized. • Review fee structures. • Cost analysis with other communities. • Implement the aforementioned identification system as soon as possible. o Important to differentiate fees for residents and non-residents. • Return with cost recovery model to include: o Discounts for Oro Valley residents 9/24/08 Minutes, Town Council Study/Special Session 4 o Different fees for profit vs. non-profit organizations • Track the cost to start the scanning system in the areas of: .0) o Administrative overhead o Management o Personnel • Create parameters for Section 16-1-7 of the Oro Valley Town Code, giving direction to the Parks and Recreation director regarding the fee structure for Parks and Recreation programs. • Information regarding what the Amphitheater School District and other jurisdictions charge for use of school fields. • Cost recovery needs to be much higher. ADJOURNMENT MOTION: A motion was made by Council Member Carter and seconded by Council Member Gillaspie to adjourn the Study Session at 6:57 p.m. MOTION carried, 6-0. SPECIAL SESSION CALL TO ORDER - at 7:06 p.m. ROLL CALL PRESENT: Al Kunisch, Vice Mayor Paula Abbott, Council Member K.C. Carter, Council Member Barry Gillaspie, Council Member Bill Garner, Council Member Salette Latas, Council Member EXCUSED: Paul Loomis, Mayor MOTION: A motion was made by Council Member Latas and seconded by Council Member Abbott to go into Executive Session at 7:08 p.m. for the following purpose: Pursuant to ARS 38-431.03A(1) Consideration of Town Manager's Employment Agreement MOTION carried, 6-0. MOTION: A motion was made by Council Member Carter and seconded by Council Member Gillaspie to go out of Executive Session at 7:55 p.m. MOTION carried, 6-0. ADJOURNMENT The meeting adjourned at 7:56 p.m. 9/24/08 Minutes, Town Council Study/Special Session 5 Prepared by: 0 Christina Pickering Senior Office Specialist • MINUTES ORO VALLEY TOWN COUNCIL REGULAR SESSION October 1, 2008 ORO VALLEY COUNCIL CHAMBERS 11000 N. LA CANADA DRIVE REGULAR SESSION AT 6:00 p.m. CALL TO ORDER - 6:00 p.m. ROLL CALL PRESENT: Paul Loomis, Mayor Al Kunisch, Vice Mayor Paula Abbott, Council Member K.C. Carter, Council Member Bill Garner, Council Member Barry Gillaspie, Council Member Salette Latas, Council Member MOTION: A motion was made by Council Member Latas and seconded by Vice Mayor Kunisch to go into Executive Session at 6:00 p.m. for the following purpose: Pursuant to A.R.S. Section 38-431.03(A)(3) for discussion or consultation for legal advice with the attorney of the public body relating to the applicability of the Alternative Water Resources Development Impact Fees to the Oro Valley Marketplace. MOTION carried, 7-0. Mayor Loomis announced that, in addition to the Town Manager, Town Attorney and Town Clerk, Assistant Town Manager Jerene Watson and Water Utility Director Philip Saletta would also attend the Executive Session. EXECUTIVE SESSION AT OR AFTER 6:00 PM MOTION: A motion was made by Vice Mayor Kunisch and seconded by Council Member Carter to go out of Executive Session at 6:25 p.m. MOTION carried, 7-0. RESUME REGULAR SESSION CALL TO ORDER - 7:02 p.m. ROLL CALL 10/01/2008 Minutes, Town Council Regular Session 2 PRESENT: Paul Loomis, Mayor Al Kunisch, Vice Mayor Paula Abbott, Council Member K.C. Carter, Council Member Bill Garner, Council Member Barry Gillaspie, Council Member Salette Latas, Council Member PLEDGE OF ALLEGIANCE - Mayor Loomis led the audience in the Pledge of Allegiance. UPCOMING MEETING ANNOUNCEMENTS - TOWN MANAGER Town Manager David Andrews reviewed the upcoming Town meetings. He noted that the Council's regular sessions will begin at 6:00 p.m. as opposed to 7:00 p.m. starting with the October 15, 2008 meeting, which if cancelled this evening, would start November 5, 2008. He also noted that the Farmers' Market would begin their fall hours starting at 9:00 a.m. on October 25, 2008. COUNCIL REPORTS Council Member Latas reported that the Ladies Auxiliary and the Veterans of Foreign Wars (VFW) collected items donated to Town Hall and the Oro Valley Library for the Landstuhl military hospital in Germany. DEPARTMENT REPORTS - No reports 4110 TOWN MANAGER'S REPORT - no report ORDER OF BUSINESS: MAYOR WILL REVIEW THE ORDER OF THE MEETING CALL TO AUDIENCE Oro Valley resident Nancy Martin stated her support for the Naranja Town Site Bond issue. She noted that the Town was in need of more parks. She stated that in order for children to participate in sports, many had to play late in the evening on school nights due to the lack of parks in Oro Valley. President of Oro Valley Softball John Hinsberg noted that there were not many areas to play sports in Oro Valley. He stated that parents turn to organized sports for their children to get exercise. He stated that he was not an Oro Valley resident. Oro Valley resident Matt Noble stated that there was limited space for little league. He noted that there was a constant fight for space and oftentimes lighting was lacking or there were no bathrooms. He stated that he was in favor of Naranja Town Park Bond. Non-resident Marty Flack stated that he concurred with Mr. Noble's comments. 10/01/2008 Minutes, Town Council Regular Session 3 Oro Valley resident Art Segal stated his concern regarding the omission of his web address in the Voter Information Pamphlet containing arguments for and against the Naranja Town Park Bond. He noted that his arguments were against the bond. Oro Valley resident Chet Oldakowski stated his objection to the Naranja Town Park Bond due to the instability of the current economy. Oro Valley resident Melanie Larson stated her support for the Naranja Town Park Bond. She noted that the longer it takes to get the project started, the more it will cost in the long run. Oro Valley resident Geri Ottoboni requested that Council delay passing the General Plan Amendment until the public can review it. She stated that she would like to see the Environmentally Sensitive Land Ordinance enacted first. Oro Valley resident Patty Estes expressed concern regarding the possible Arroyo Grande Annexation. She noted that the decisions made today will impact the future. She stated that she feared fragmentation of the wildlife corridor and the Town. Oro Valley resident Joe Hornat suggested that the Oro Valley Water Utility should be reviewed in order to improve the future direction of the utility. PRESENTATION: Project Graduation would like to present the Council with a (b. thank you for the Town's contribution. Project Graduation co-chair Kathy Finif expressed gratitude for funds received from the Town. She stated that the event e t was about adults keeping graduates safe and sober. 2007 Canyon del Oro High School graduate Sonja Weedlow stated that Project Graduation was one of her fondest memories of high school and thanked Council for their support. Barbara Gephardt, representing Ironwood Ridge High School, stated that this event gave Oro Valley high school seniors a safe place to celebrate graduation. Ironwood Ridge High School senior Ally Miller thanked Council for their contribution to keep graduates safe. She stated that their generosity helped graduates to celebrate their greatest accomplishment and that the funds went toward a lifelong memory for Oro Valley graduates. 1. CONSENT AGENDA Council Members pulled items A, F, G, H, L and M for discussion. MOTION: A motion was made by Council Member Carter and seconded by Vice Mayor Kunisch to approve Consent Agenda Items B, C, D, E, I, J, K and N. MOTION carried, 7-0. 10/01/2008 Minutes, Town Council Regular Session 4 A. Minutes - 7/16/08; 8/13/08; 9/3/08; 9/10/08 MOTION: A motion was made by Council Member Latas and seconded by Council Member Garner to approve the minutes from the July 16, 2008 Town Council meeting as corrected. MOTION carried, 7-0. B. Building Safety Activity Report - August 2008 C. Coyote Run Transit Report - August 2008 D. Finance and Bond Committee Report to Council for Year Ending 6/30/08 E. Police Report - August 2008 F. Resolution No. (R)08 - 71 Declaring that certain document entitled "The Town of Oro Valley Animal Control Code", Chapter 18, attached hereto as Exhibit "A" and filed with the Town Clerk, a public record MOTION: A motion was made by Council Member Latas and seconded by Council Member Abbott to approve Resolution No. (R) 08-71 with the instruction that the Town Attorney's office look into business licensing and sales taxes for any sale of domestic animals in Oro Valley and making that certain document entitled Town of Oro Valley Animal Control Code, Chapter 18, a public record. MOTION carried, 7-0. G. Consideration of revised Town Manager Employment Agreement Council Members stated their positions regarding this item: • Vice Mayor Kunisch noted the reasons for his opposition: o Granting a 14% increase during the current economic downturn after denying Town employees an additional 1% increase was not right. o The Town Manager has an Assistant Town Manager to help with his duties. • Council Member Abbott stated that Mr. Andrews had been employed by the Town for 17 years and believed the raise was well deserved. • Mayor Loomis stated that he could not support the agreement due to the increase in deferred compensation and the increase to 500 hours of leave time. • Council Member Carter stated his support for the item. MOTION: A motion was made by Council Member Carter and seconded by Council Member Abbott to approve Item G. • Council Member Gillaspie stated that it was an executive compensation package and that it was not considered to be at the top of the range. MOTION carried, 5-2 with Mayor Loomis and Vice Mayor Kunisch opposed. 10/01/2008 Minutes, Town Council Regular Session 5 H. Approval of Town Manager Performance Goals for 2008/09 MOTION: A motion was made by Mayor Loomis and seconded by Vice Mayor Kunisch to approve the Town Manager's performance goals for September 2008 through August 31, 2009 with the additional direction that since the Town was in the process of updating its strategic plan and strategic policies, that the manager return with his performance goals in three months after Council has approved the new performance goals to bring in line with the Strategic Plan. MOTION carried, 6-1 with Council Member Carter opposed. I. Ordinance No. (0)08 - 20 Amending Ordinance No. (0)08-15 adopting Chapter 15, Article 24, Section 14, Stormwater Management and Discharge Control by adding the penalty sections to the adopting ordinance for posting and publication as required under ARS § 9-803 J. *Economic Development Division Monthly Report - September 2008 K. *Resolution No. (R)08-72 Approving an Intergovernmental Agreement for participation in a statewide Terrorism Liaison Officer Program L. *Appointment of three Council members to the 2008-2009 Employee Forum Sub-Committee, and direction to Town staff to schedule Annual Employee Forum in such a manner, date and times as to ensure appropriate scheduling, tracking and communications in 1111 accordance with Policy 27 and in support of the Sub-Committee MOTION: A motion was made by Vice Mayor Kunisch and seconded by Council Member Gillaspie to appoint Mayor Loomis and Council Members Latas and Garner to the 2008-2009 Employee Forum Sub-Committee, and direction to Town staff to schedule the Annual Employee Forum in such a manner, date and time as to ensure appropriate scheduling, tracking and communications in accordance with Policy 27 and in support of the Sub-Committee MOTION carried, 7-0. M. *OV12-05-36A, Copperstone Development LLC., represented by Physical Resource Engineering, requests approval of a development plan two year time extension from December 6, 2008 to December 6, 2010. Property located approximately one quarter mile north of Hardy Road on the west side of Oracle Road MOTION: A motion was made by Council Member Abbott and seconded by Council Member Latas to approve with conditions OV12-05-36A, Copperstone Development LLC., represented by Physical Resource Engineering, requests approval of a development plan extension for a period of two years to expire on December 6, 2010. Mayor Loomis clarified that any conditions that apply to the development plan will apply to this extension. 10/01/2008 Minutes, Town Council Regular Session 6 MOTION carried, 7-0. N. *Cancellation of October 15, 2008 Town Council Meeting Mayor Loomis called for a recess at 8:04 p.m. The meeting resumed at 8:10 p.m. 2. PUBLIC HEARING - LIQUOR LICENSE APPLICATIONS CONSIDERATION AND POSSIBLE ACTION REGARDING: APPLICATION FOR SERIES 12 (RESTAURANT) LIQUOR LICENSES N FOR HARVEST LOCATED AT 10355 N LA CANADA DRIVE, #141 AND FOR CHOPSTIX FINE ASIAN DINING #3 LOCATED AT 8195 N. ORACLE ROAD, #105 Mayor Loomis opened the public hearing. Mr. Ma was in the audience to answer questions, however he offered no comments. Mayor Loomis closed the public hearing. MOTION: A motion was made by Council Member Gillaspie and seconded by Council Member Garner to recommend approval of the issuance of the Series 12 Liquor Licenses to the Arizona State Liquor Board for Mr. Kevin Fink and principals at Harvest located at 10355 N. La Canada Drive, #141 and for Mr. Tron Hien Ma and principals for Chopstix Fine Asian Dining #3 located at 8195 N. Oracle Road, #105 MOTION carried, 7-0. 3. PUBLIC HEARING - ORDINANCE NO. (0)08 - 21 AMENDING THE ORO AND TOWN CODE, SECTION 2-3-6, INITIATIVE VALLEY REFERENDUM Mayor Loomis opened the public hearing at 8:16 p.m. Oro Valley resident Joe Hornat expressed that he was opposed to the change. He stated that many small interest groups work to make changes that benefit an uninformed minority rather than serving the community as a whole. Oro Valley resident Chet Oldakowski stated that he was in favor of limiting the number of signatures required and should be limited to a percentage of participating voters, not registered voters. Mayor Loomis closed the public hearing at 8:20 p.m. MOTION: A motion was made by Council Member Abbott and seconded by Council Member Latas to adopt as amended Ordinance No. (0)08-21, amending Section 2-3-6, Initiative and Referendum, of the Oro Valley Town Code. MOTION failed, 2-5 with Mayor Loomis, Vice Mayor Kunisch, Council Member Garner, Council Member Gillaspie, and Council Member Latas opposed. 10/01/2008 Minutes, Town Council Regular Session 7 4. UPDATE ON REGIONAL TRANSPORTATION AUTHORITY (RTA) PUBLIC TRANSIT ELEMENTS: PARK-AND-RIDE, NEIGHBORHOOD CIRCULATORS AND TRANSIT REBRANDING Transit Services Administrator Aimee Ramsey presented the update on transportation. She noted the Regional Transit Authority (RTA) Identified Transit Elements: • Project 51; Regional Park-n-Rides o Oro Valley Park-and-Ride • Intergovernmental Agreement with RTA has been executed • Land purchase has been completed • Design is 50% complete • Design Review Board scheduled for October 14, 2008 • Mayor and Council to review on November 5, 2008 • Tentative completion date - February, 2009 • To coincide with the launch of the Sun Tran Express Routes and the Neighborhood Circulators • Project 48; Neighborhood Circulator Bus Systems o General public service o Connects residents to major activity centers - in-Town circulation o Connects with other regional services o An element of a balanced transit system o Provides connection to the Regional transit system before 2012 o RTA administered contract • Regional coordination of fares • Regional coordination of services • Town staff participates in design, review and selection o Timeline • Request for proposal October 2008 • Award by end of calendar year 2008 • Implementation mid February 2009 • Regional Branding and Farebox Technology o Regional Seamless Transit Project • Allow seamless travel with one card • Technologywill also allow for ridership stratification reports producing data for transit planning purposes It was noted that: • The request for proposal should be posted this month and awarded by the end of this year. • This project would not affect Coyote Run as it is funded by the RTA. o Any plans to change Coyote Run would require Council approval. • Handicar services are available to ADA eligible individuals only; not senior citizens. • There will be 103 parking spaces at the Park-and-Ride. • The circulators, express routes and Park-and-Ride will begin service on (6. February 15, 2009. 10/01/2008 Minutes, Town Council Regular Session 8 • Fry's Food and Drugstore located at Lambert Lane and La Canada Drive is a projected stop for the Raytheon express commuter. • Staff will be researching the use of church parking lots for Park-and-Ride commuters. 5. TOWN FINANCIAL STATUS REPORT FOR 1ST QUARTER FISCAL YEAR 2008/09 Town Manager David Andrews noted that the economy has deteriorated since the beginning of the year. Finance Director Stacey Lemos noted that the Water Utility Commission and the Stormwater Utility Commission were omitted as they are self supporting. Ms. Lemos stated that 40 permits were budgeted for the first quarter, whereas 26 were issued. She noted that state sales tax collections were lower however sales taxes are typically lower in the first quarter. She stated that interest rates on investments were 59% under budget and projections were flat for retail sales during the holiday season. Ms. Lemos noted the following: • The Town has healthy reserves in the General Fund • Currently unable to project revenues for the Oro Valley Marketplace o 6 stores are scheduled to open in October • The Highway Fund is $43,000 below budget. o The year end deficit was projected to be $700,000. • The Transit Fund is $205,000 below budget. o The year end deficit is projected to be $100,000. Ms. Lemos suggested submitting a monthly budget report to Council. Ms. Lemos informed Council that the shortfall of the State budget will further impact Town revenues. She stated that the Department of Public Safety will increase Crime Lab fees. She noted that the coming holiday season coupled with the opening of the Oro Valley Marketplace this month could result in needed revenue. Mayor Loomis directed Staff to include a report, in the format presented, on a monthly basis as part of the Consent Agenda. Council Member Carter requested that Council consider enacting a hiring freeze. 6. FUTURE AGENDA ITEMS Council Member Garner requested an agenda item regarding personnel issues to include a hiring freeze. The request was seconded by Council Member Carter. Council Member Abbott requested a Study Session regarding Leadership in Energy and Environmental Design to include research regarding Pima County's 10/01/2008 Minutes, Town Council Regular Session 9 and the City of Tucson's policies for this issue. The request was seconded by Council Member Latas. CALL TO AUDIENCE Oro Valley resident Art Segal stated that the roofs at the Oro Valley Marketplace were ugly. He noted that Council Member Abbott had requested a study session to address the item and questioned when the study session would be held. He requested that Council address his concerns regarding his submittal to the Naranja Town Site Bond Publicity Pamphlet. Council Member Abbott requested an update to be presented to Council regarding shielding the Oro Valley Marketplace rooftops from view. She further requested that Ms. Lemos meet with Mr. Segal to address rebates. ADJOURNMENT MOTION: A motion was made by Council Member Carter and seconded by Vice Mayor Kunisch to adjourn the meeting at 9:31 p.m. MOTION carried, 7-0. Prepared by: Christina Pickering Senior Office Specialist I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular session of the Town of Oro Valley Council of Oro Valley, Arizona held on the 5th day of November 2008. I further certify that the meeting was duly called and held and that a quorum was present. Dated this day of , 2008. Kathryn E. Cuvelier, CMC Town Clerk A MINUTES ORO VALLEY TOWN COUNCIL STUDY SESSION October 8, 2008 ORO VALLEY COUNCIL CHAMBERS 11000 N. LA CANADA DRIVE CALL TO ORDER ROLL CALL PRESENT: Paul Loomis, Mayor Al Kunisch, Vice Mayor by telephone Paula Abbott, Council Member K.C. Carter, Council Member Salette Latas, Council Member Barry Gillaspie, Council Member Bill Garner, Council Member Mayor Loomis noted that Item 3 would be rescheduled for a future meeting as a representative from Tucson Electric Power was not available to attend. • 1. Update and Discussion of Central Arizona Project Water Delivery to Oro Valley Oro Valley Water Utility Director Philip Saletta noted the following about the Water Utility: • Served 18,283 customers o Used 3.3 billion gallons of water in 2007 o Average customer used 9,000 gallons of water per month • Groundwater o Used 2.8 billion gallons (8,600 acre feet) in 2007 • Reclaimed water o 3 golf courses used 488 million gallons (1,500 af) in 2007 o Phase 2 completed for an additional 326 million gallons per year (1,000 af) o 25% of deliveries • Water conservation o The key to future water resource planning o Conducts 200 free water audits per year • Saves water and money o Educational programs o Rain sensor program o Member of Water Conservation Alliance of Southern Arizona (CASA) 10/08/2008 Minutes, Town Council Study Session 2 He discussed the needs for renewable water supply: • The Town has a limited narrow aquifer • Groundwater level declines greater than 4 feet per year in some wells • Balance in Ground Water Allowance Account is low • Long term storage credits and recharge are not located in Oro Valley • Creates high obligations to Central Arizona Groundwater Replenishment District (CAGRD) • Costs o $800,000 in 2008 to CAGRD o $380,000 for long term storage credits o Increasing Mr. Saletta explained that: • The recharge facilities for water were not located near the aquifer • Being a member of CAGRD equated to an assured water supply o CAGRD charges per acre foot • The term "wet water" means directly delivered water o Reclaimed water is wet water, though it qualifies for paper credit. ■ Saves money. ■ Paper credit allows the Town to pump more groundwater. Mr. Saletta clarified that Kai Farms received water at a discounted rate for storing Central (CAP) water for the Town. He explained that Kai Farms was a ground water savings facility that saved the Town $40 per acre foot in credit from CAGRD. In response to Council Members' questions he stated that there was not an ideal place for a recharge facility in Oro Valley. He noted that based on the topography, it would be difficult to create a facility, though it could be done. He discussed the Reclaimed Water System: • The Town has an Intergovernmental Agreement (IGA) with the City of Tucson for delivery and treatment of Reclaimed Water. o OVWU built and paid for Mountain View Booster Station and additional pumps at Thornydale Reclaimed Water Reservoir site o City of Tucson operated these facilities o OVWU pays for Operation and Maintenance (O&M) charges o The IGA will need to be re-negotiated by October, 2010 • OVWU built and operated 13 miles of pipeline, and additional booster station and 1.5 MG reservoir • Phase 2 will be online this month o 2,500 of per year delivered to 5 golf courses (25% of the water is reclaimed) 10/08/2008 Minutes, Town Council Study Session 3 Regarding CAP, Mr. Saletta noted that CAP water was not a water right, but a contract to use the amount of CAP water allocated to us. He stated that the CAP maintained the water rights. He explained the highlights of the Northwest Reliability Reservoir: • Assured deliveries when CAP Canal was down for maintenance or emergencies • Reservoir held approximately 3,000 of • Authorized under CAP • Needed annual appropriation approved for studies, design and construction in the United States Bureau of Reclamation (USBR) Budget Discussion noted the following: • Oro Valley may take delivery of CAP water at Naranja Drive and Shannon Road. • The driving costs for CAP water were that the Town is uphill and farther away from the pipeline. • It is a top priority with Northwest water providers to acquire support from local governments and the area's Congressional delegation to urge the USBR to build a reservoir. • Seven basin states have agreed that when there is a shortage of Colorado River water, all will share in the shortage. Mayor Loomis called for a recess at 6:50 p.m. The meeting resumed at 6:57 p.m. 2. Water Rates, Fees and Charges for the Oro Valley Water Utility Water Utility Director Philip Saletta explained the background of water rates: • Notice of Intent was approved September 17, 2008 • Public Hearing date scheduled for November 5, 2008 • Water Rates Analysis Report and Addendum is available for public review He noted the financial considerations: • Analysis of three funds within the Utility o Enterprise o Alternative Water Resource Development Impact Fee (AWRDIF) o Potable Water System Development Impact Fee (PWSDIF) • Mayor & Council Water Policies o Debt service coverage ratio 1.3 o Cash reserves - 5% of budget o Minimize rate shock • Existing cash reserves • Capital expenditures • American Water Works Association 1111 • Original report review by Red Oak Consulting 10/08/2008 Minutes, Town Council Study Session 4 Mr. Saletta stated that, of the water rate scenarios presented, he would not recommend scenarios K, L, M, N or P because the rates were too high and created too much of an impact to the customers. He stated that the Water Utility Commission (WUC) Finance Subcommittee recommended scenarios R and S and to consider a Volumetric Conservation Charge. He explained the Preferred Financial Scenario: • Base rates and commodity rates o 5% across the board increase for potable and reclaimed water • Four-tier rate structure o Adjust usage in tiers for various meter sizes • Increase potable construction water rate from $6.00 to $6.25 per 1,000 gallons • Increase reclaimed construction water rate equal to reclaimed commodity rate • Increase meter fees • Establish $1.50 Convenience Fee for credit card transactions by telephone and/or mail He noted the highlights of Scenario R that were in addition to the Preferred Financial Scenario: • No increase in base rates • Four-tier rate structure o Adjust pricing in tiers to balance the "no" increase in base rate • Commodity rate increases vary • Scenario R2 has Volumetric Conservation Charge • Increase potable construction water rate from $6.00 to $6.50 per 1,000 gallons He explained that the difference between Scenarios R and S was that Scenario S had a five-tier rate structure. Mr. Saletta presented the Water Rates Analysis: • Base rate was needed to cover fixed costs for capacity and readiness to serve. • Staff concurred with WUC Finance Subcommittee recommendation to focus on the Preferred Scenarios R and S He explained the Conservation Charges: • The charge would reward customers that use less water • WUC Finance Subcommittee and Staff recommended Volumetric Conservation Charge: o Customers that used less than 6,000 gallons in a billing cycle would not be charged o Fee would begin at 7,000 gallons ata rate of $.04 per 1,000 gallons 10/08/2008 Minutes, Town Council Study Session 5 o Fee only applied to residential customers; not commercial. He noted that by adding more tiers, it created significant increases for large multi- family, commercial and irrigation water customers. He explained the proposed changes to the Groundwater Preservation Fee (GPF): • Component of the rate increase • Comprised approximately 3.7% of total increase • Less than 1/2 of the 8.1% increase for the average customer (Preferred Scenario) o Applied to debt service • GPF pays for renewable water o Existing debt for the Reclaimed Water System o Future debt for CAP Water Delivery System Discussion noted the following: • The Preferred scenarios were good approaches as the base rates did not change and would be more sustainable o Would not have to return to customers frequently for rate increases • The Conservation charge credit built in to the tiers was confusing o This could hurt all customers in this current economy Oh 4 3. Discussion of Electrical Undergrounding and Tucson Electric Power's Service Adequacy and Reliability Mayor Loomis noted that Item 3 would be rescheduled for a future meeting as a representative from Tucson Electric Power was not available to attend. 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SHARP,Chief of Police WWW.ovpd.org A NDE D ORO VALLEY POLICE DEPARTMENT "FAIRNESS, INTEGRITY, EXCELLENCE" MEMORANDUM TO: Honorable Mayor Paul Loomis & Oro Valley Council Members FROM: Chief Daniel G. Sharp REF: September 2008 Statistics DATE: October 8, 2008 Please find attached the captured statistics for the Oro Valley Police Department for September 2008 plus Citation/Warning totals for the previous month. Also included are the response times for dispatched priority 1-4 calls and a historical review of the past 3 years of statistics for the month captured. U W Q iiior > :.,:-.,:::: 000 O . P4 z :::'; :M:: U :; Y'; aI-' ;:c'.) (0 in 'ct' CO -,t' (0 0 r-+ d.' CO CO N in O 0o Co * in Co O N' d4' O .O co co :(N r--1 Ln Nr--4 - N. 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Nr _ V A !! ti) to O o — VAVA l ' V A V A 6 7C .2 a.) a.,- .g Q) to (.. •- a) V) :- H E _- ►— E — c E.,,' CO - v /COQ .._, _ 0 'y ..., _�_ V a > =« a > cn (0 cn (0 o 0 H H- - o H H • TOWN OF ORO VALLEY Page 1 of 1 COUNCIL COMMUNICATION MEETING DATE: 11/05/08 TO: HONORABLE MAYOR AND COUNCIL FROM: DAVID ANDREWS, TOWN MANAGER SUBJECT: PUBLIC SAFETY FIRE AND EMERGENCY MEDICAL SERVICE PROVIDERS QUARTERLY REPORT TO COUNCIL SUMMARY: Attached please find the Public Safety Fire and Emergency Medical Service Providers Quarterly Report covering July 1, 2008 through September 30, 2008. The report, prepared by the Golder Ranch Fire District includes a summary of response criteria, call load, work activity, and public education. Additionally, please find a copy of the breakdown of call statistics for the same time period prepared by Chief Pendleton of Rural/Metro Fire Department. ATTACHMENTS: 1. Public Safety Fire and Emergency Medical Service Providers Quarterly Report to Council by Golder Ranch Fire District 411w 2. Public Safety Fire and Emergency Medical Service Providers Quarterly Report to Council by Rural/Metro Fire Department David An rews, Town Manager . • COMMUNITY SERVICES DIVISION Thirdr 4.; ••;:lifk7:40Aiirii-NAPNWAN v:::,1"P".04**0 Quarter 2008 folittos pzi Isq .4*:.'14014F; t4g;*fite44,4,4. .;;4:4V.4Vitiiir•PN 47,0;;;;,:;4::10:1,;•Ael..."':;;14 A.:,4;2.%.,e,• 4.10WAUNA: . Golder Ranch Fire District — 3885 E Golder Ranch Drive Community Servicestlivision , ORO VALLEY FIRE & LIFE SAFETY INSPECTIONS ,Golder Ranch Fire District Code Inspections Jul Aug Sep Third Last Quarter Quarter ��� ' _-__ _-____ �� l79 l24 ' l 403 -� '390��� , ,^ __. '. �__ . 405.01 Fire Investigation 2 1 3 6 3 405.02 Investigation Follow-up 1 2 3 3 410.02 Prevention Inspection 52 25 4 81 82 . 410.04 Fire Alarm Inspection/Test 4 ' . 410.05 Hood System Inspection/Test 2 2 3 , � 41 0.06 Miscellaneous Inspection 4 2 6 . 410.08 Special Hazard Inspection 1 2 3 410.11 Re-inspection, Existing Conditions 18 18 36 33 . 4l0.l2Code Consultation ([>ff/ce) 410.13 Code Consultation (Field) 4 410.15 Code Complaint 1 1 1 4l0.l7Inspection Assist ~woe 410.18 Fire Department Access, Existing Facilities 2 __-_ -- ___ __ _-____- ' 410.19 FH Inspection 410.21 Area Flow Test 5 410.22 Certificate of Occupancy Inspection 22 17 9 48 59 410.23 Temporary Certificate Occupancy Inspection 7 4 11 8 __ _- . _____ 410.24 Sprinkler System, Commercial Inspection 49 32 37 118 123 ^ . 410.25 Sprinkler SFR Inspection 24 18 24 66 36 . . 4l0.27Fire Department Access Inspection . 410.28 Pyrotechnic Inspection 1 1 1 410.29 Special Use Permit Inspection 1 1 2 3 410.30 Fire Damage 1 1 2 410.32 General Fire Code 1 1 1 __ 410.34 Key Box 2 1 1 4 6 . . 410.35 Punch List 1 3 4 3 . 410.38 Substantial Completion Inspection 4 4 7 410.99 Other Inspection Activity 1 2 3 1 . N40 ..„,.,....., ,..., Page 1 Community Services Division :::.:.x..�:..:x:A..........x:<•::::.,..:.:..,.:.:...:.........::w:::::2x...r.:......,�.Vr..:r:.......A�.:.r.::x_:...::::,::....:,......n.:........:..:.:..r..xrrxx:.:.xrn..x.....x.:..x.N......rxx.....,:x..:..n.,::,::..,x::....�:.,..v::..:...n.r:,r.,�.::...:...:.:..,�:,r::..:�:::::.��.:.x..x:::..:::....x......:::.x......:.. .�:..:...,.:.: ORO VALLEY FIRE INVESTIGATIONS 1 ism Golder Ranch District, < ..................., .,:.:::.,-:r:.�.:.:::r:.:r:.:.�:.:.,•:::r...::n.r..::.::xn.•:..r:.::::,•r..:,.::: : •:.f2 r^`� 2r'Z?{+`, �`a•..'A:2?"'+{K 4-,., ..2d .:,,$:<,::,..:. ...... <.i... K.sr. .. {, ,T..... ..i .... ...f.. ... ..<...... .::..�.,.4�<'„2L<.} ;.<..•<„.., ...x..;}:}.4ti::.i•K•<>,?:4},.•.•�.r.n ,k, ..a},},..: ... :\..J\i T:. ..T..,,,Y {aL..2�d.Y.4w �:f.. $:l.r. ,.o.n r k,.... •x:....,...:r .qq,:aT. r. .r..r.L...:r $Y.,. .b .,:}.' 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',�,ST:.:.ry. ..4.,, :.,x 2.i .0...4:.. 2:•. .< <. :.Y. i.......< ., ..,�.4 $ ��'.}...r.'v., .,dr�,{��:•n{.Y'G•i.•:.�•!f}:}x:nw>�r:?' }}i•4:T.r r$. :+$ �( ......,........... .....v.....v............................................................i......,..,.{.......................:...........<..........,....2.........,.vn.{t'�.k?........:.T...<...+,,...rn:.... ...r.{...........n :.,. .� � ,T,,: : '.,2 Y}.. 3:.2.v.4}i}i .,: .. .......... ... ... .......... ................................ .... 4 'b f;s ..k, k5c..a:,<�"..r::•:.o7i�t•:..t<> ..4..t..t nv:%:. ..%,S,h�..�CY.Y.�.,.�T�. .{�•.Y..�'it{iL:�.i:?'2r..X<<...4.<.. ..:...::,:..:........:..:. ,...:.,..,.:....::..:..:... 1-xr.r.,•,r:xr::n,,.xx:,::xxr:r,...rrr.},....•,�.,..r::>Y,n•Y}..L:::x:.r:;...,r.,.M.:x,:.�,.•.t•.xrrr:....•.,.:.?):«..:r.•...:,::,•:r:::»::�Y::,....:.n..,-.xdn.n..,..,:...v.«rn,;�:• :.�..•....•n,.,,.n.,.x.:.�.:t-:<�:r...„•....::r::Y: Golder Ranch Fire District responded to a limited number of fire investigations during the third quarter of 2008 and the fire crews did a good job at limiting fire loss at each event. The following provides some basic details: July 27th, 2008 - A vehicle fire occurred at 9500 N. Oracle Rd. No injuries were reported and, the fire was of a caused by mechanical failure and classified as Accidental in nature. July 28th, 2008 - A 35' Mediterranean Cypress tree was set ablaze in a court yard area of CDO High School. Rural Metro responded and extinguished the fire. There was no impingement to any structures. There were no witnesses or suspects at the scene. The fire was deliberately set and the fire is classified as Incendiary in nature. August 6th, 2008 - A fire occurred in several storage boxes sh •:.•,�.r.,r..,. n, outside of a residence at 13621 N. Napoli Way in Oro Valley. • The boxes were adjacent to the front door of the residence as the homeowners were just moving in• The fire did damage to :: t.,. �•rte'»F�k the structure at the main entryway. Thedamage ',t1;41,410,b , :} , ,r{ea oer:,i' A;;:.`-t y. consisted ofT” i t Yom` fire damage to the door and frame bydirect flame .�'. g �. Y n':,4a,. bR-, �, yo'C;'�� is�'�{cf c.<t.,` impingement. Secondary heat and smoke damage was limited a �tt';. ` 'ai Y .F�...�� � �. � .Y �``i yk,`:,S�• { r 4x 4 > y} \ �.S, to the surrounding front entry way enclosure. The fire did no �fz {,}` - � � � ° � r . 2 �T2 i�r;� .[•2{'•S `':� �{.. ., ,4' 3�v..•;\�<���j�r�@..x:'Z\'C damage to the interior and onlylight smoke was found inside e tlrrA.iiirtlAke .,. the structure. The probable cause was spontaneous combustion of body oils. The fire was classified as Accidental in nature• ry4: 4,, .? 3 �:� r "•4 _,$2 �pT ,� !\\<�•t J•C� • ��'y�\��•?M\�Y(� try`K}.io-v< /'S�F?� �,r'csa <�i 4�w 4�ff< 1.�� \\ 3 iK 5;`:yc 3✓.:�y iiiS >2 Y�4 L n+�tf . • W � � 'f Z„ p �• o'y tr ��%i 91 C'� August 24th, 2008 - A fire occurred at a residential structure at 445 East Glennhurst Drive in Oro Valley. The fire occurred in a bedroom area and was contained to the room of origin. The fire was investigated by a Fire Investigator from Rural Metro. The fire is currently classified as one of an Undetermined Cause. September 9th, 2008 - A roll off dumpster fire at 1 232 W Calabria Court caught fire. A painter improperly disposed of mineral spirits and paint in a 30 cubic yard dumpster ata home under construction. The dumpster was about 10 feet from the house when the material spontaneously combusted. The dumpster was approximately 1/2 full. The fire consumed the contents and was extinguished by the crew from engine 374. The fire was deemed to be Accidental in nature. The painter and his boss were advised on the proper way of disposing of said products. September 1 1 th, 2008 - A report of smoke and a possible house fire at 9971 Calle Solano in Oro Valley was called in by several neighbors. Upon arrival units found an intoxicated person burning numerous piles of debris in his back yard. The fires were started in proximity to a vehicle and a wooden fence. The fires were extinguished and the homeowner cited by Oro Valley P.D. for reckless burning. The fire was classified as Incendiary in nature. September 23rd, 2008 - An Inspector was called out for a trouble alarm at the Bank of America at 12132 N. Rancho Vistoso Blvd. The alarm was for a duct smoke detector that was set off by an excess of dust build up. The inspector contacted the appropriate maintenance personnel and the problem was resolved. September 23rd, 2008 - An Inspector was called out for an alarm sounding at 55 East Arrowsmith for a water flow situation. No problem was detected and the alarm was the result of a failure to take the alarm system off line prior to annual testing. „•..„ ..,• Page 2 Comm•unity Services.Divisiort September 23rd` 2008 - A call and a follow up response was initiated at 2551 Vistoso Commerce Loop for a water flow problem. The problem was determined to be a defective FDC which is currently being replaced. • r. M•...� a.a• � s �: �, {''�••4�7.`.U` ;Q',}R'S•a� i Si:v: s:�..`:�?^•r2:?`?'F'4'�:::Y4.:'.✓a`•"•':>".:: ♦ �.si w�: < > a f{� 'A ''<t r` Y{A. < 31i•�a 3Q Lfik{ F.a,, 4>• <+h� 4�j:'};����,r''�S.{?fi5�'d?�ay �e��,'�x�{"�f}�Yto�'C5�,a:..' September 26th, psmoldering 2008 - A report of a fire came in {Y'• a�: ��� �..``�� K r�A<s'� :y�x.�to-. f, i'•xSf'•.{kz^.:� �;�:' .a•Ry�, #G$� � a^ �• i.°)',•'ih'` Z.M`.^ `�23�a's`�'frx,Ly��.ZY.�: .�� ••9e at 12125 N• Oracle Rd• This is at the Oro Valley Market { La rz ��(��••-ftt, •\� { ,. c aJ a,,2c t.J• �:<,li'a1'<i"f f4?' i� a6`i q„a.�,,,n¢. Ys a Sa''� �„�;:..., � - i S�<p�•�Lr>i,�-� f%p: ¢/r.fi�S"... Place and was a unit that is currentlyunder construction. The fire occurred 3 hours after welding activities on a metal canopy had ceased. Apparently a glue laminate beam had ignited from the transfer of heat from a metal plate to the wooden support structure. The fire was approximately 3'x3' in size and was in an enclosed area. Crews extinguished the fire � k with minimal damage to the support column. Oro Valley Building Inspectors were notified. This fire was deemed to be Accidental in nature. '.... .. ......... ........... ...... :i:.........:.N:........... .......... ..^.w..J.{,i�J�:::...Y.:.:.-.A'JJn....n^..,r.,«r^..J.xNJH....v«...w.N.. September 29th, 2008 - A report of smoke and a possible house fire was received from 1 3055 N Desert Olive in Oro Valley. Upon responding engine 381 found the contents of clothing dryer on fire and smoke in the house. There was no fire extension to the structure and no structural or electrical damage noted. Crews removed the dryer and ventilated the house. The fire was classified as Accidental and caused by lint build up from past 5 months. .....O.:....R. ...O..... .V........ ..L..L......:.Y...... RO..........a6F`E E...C......T........ 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J :.,.,:..,....:,....,J. :«.J:r..,..JJ..«...r^.....::::.,:.::.:«J.:r:.•:.««:sJ:.,,•r,::r.:J.�:«r«r«J«::«.. :..,:«.:::.,•J.,•«...:::....:.:::: ..:«.:,.:..•:.....•rr.b:>J:�:n�::::.:...:.:.•....,::.•::J.::,�:.:.:J::::::,.>....�«..^.J::::,::.v.....:.,:.:.:...:..^..�.:r.,:..:...::::J.•.,:•::.•.:.::::.r.�..;::r:.::..::.•.:...::>:::.:;::o::.::;:ff's:>:,f;:.:.:...:f.•::::,y:.::a Code Reviews Jul Aug Sep Third Last Quarter Quarter Reviewed 89 39 81 209 178 CON - Construction Plan 15 9 13 37 39 DPP - Development Plan, Preliminary Plan, Grading 9 5 14 28 37 FAA/GFC - Fire Apparatus Access / General Fire Code FAS - Fire Alarm System 5 4 9 2 FBL- Fire Blasting Permit 1 1 3 FFW - Fire Flow, Water Plan 5 6 :11 1 FSC - Sprinkler System (Commercial) 16 5 9 30 23 FSR - Sprinkler System (Residential) 16 2 10 28 20 FTI—Tenant Improvement Plan 18 16 21 55 41 FVH - Fire Suppression System for Ventilating Hood 2 1 3 1 SUP - Special Use Permit 2 4 6 11 .�«.«......�«..J�....:._.....,.y..««^...rJ.«...J.«....�,.« �,.�.«.�,...J.....«r~.�.�...�..,�...«...,««.r«....««.««.J.«.�.M.,JJ«.,J«J«.,M....«J..�.«..«.J,,..J«J,.J.«J««J«rJ«�,.«..�.««...�.....J.�.««.,�....J.v....,�.«.«.�..«.....v«.J«JKJJ.....«...y...J,w.,J«.«�..�,r...JJ«JJ«.J..«J««..J.�,..«r...J.««..«..,.�.JJ.�««..«.J..«.,.....«...J««..,,r_.«r.J�........J.v.....««.....J.,...,r...��.�«,M.._..,.w„ Page 3 . • - Community Services Division .s F ,`? ..:.X•. . .:.:?:. .:y,�`i:•a.{.S. r K.J}' � \. � 1::f✓.i. ;o I ORO VALLEY b „ 4y" ;. i i � r " KhYi . x 3a' i ,}.: ,fid >5��.31. 'k•. .{ .4;Iti. M-< '"4`'i.$'kt, trL. .•w. '^-:" tF Y' . 'i do ,_;af }A Y: ,;•:....:A}:};:. ,.'.: w -n•:: J t... �, J i Fe;:. •qtr v"' 3�`f .{� yac a..v., ,�..• ».r' ':::n6,.y '�`a' i ) L<'3 +�'}r y,t`�' "�,?(.t'(,F•.q, '4 .� yA{�; < R- ...........{...,....x....i..a.:.kr.;.t. Golder .:....,...Ranch an h..Fi r..e....District Dittleterx:.:46041104011.146,110SiliralPit wt.{.rF ..'r'.�".. / •3 :)G W;<2a5 4 t Y ytg 3 +QTY yr}Ar. A.:ti•Y. •:^Ci{!^:, ,, :: F: k-: "•d.• •.`t•.v .......4x.. , A %.. d' •;. •.:,.�. ,.•., �'.-.,:.h.•.. r ,t, :'i Y :.n,#a.. `'•5:'f'a nr• `G: ,x3. ...... , .,,v,.. { {LA'W ,....,f .,.. , ....�.... {..,. S r .., K.viR,?L .t♦'•tr r. r... r.r •••}:•::::v:: - T n... ,.4...T.,. ..°fr�.'.it�•.+52:, ..T.:.ri.:. .k�t•9P' ..h•.}s i. .:Y.•:.••{r>.v.}hn}n•-t;,"6•}: }.v.h.}.. rvr,vm,w xr. rrrw+„rv+..v,.:rrr..rr...ww r.rr..w,w.r„n.v.F,,:.v.rx,.n:.}.��x„0.w,rr.v.v..L�.�irr. 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Outreach, Events C is br Grouprou,p l Event/, YT e Details 07/04/2008 GOVAC Families 2000 440.07 Safety Event July 4th Event at Lambert Park and Hilton 07/04/2008 Sun City Senior 100 440.07 Safety Event Honorary tribute to fire fighters/military 07/05/2008 GRFD Adults 9 440.04 CPR Class Heart Saver/Healthcare Providers Class 07/16/2008 Splendido Senior 19 440.04 CPR Class Heimlich demo to residents and staff 07/22/2008 GRFD Adults 5 440.04 CPR Class Instructor Refresher Class 07/28/2008 Los Ninos School 0-6 20 440.07 Safety Event Read to kids and truck demo (Daycare) 08/02/2008 GRFD Adult 5 440.04 CPR Program CPR class for the public . 1 08/05/2008 Splendido Senior 100 440.12 Senior Prog Q&A on medical issues for residents 08/06/2008 Curves Adult 6 440.04 CPR Program CPR training for staff 08/16/2008 GRFD Varied 200 440.13 Station Tour Children &families from the community 08/23/2008 Special Olympics Varied 200 440.28 Standby Standby at SCV Special Olympics 08/25/2008 Coronado School 11- 15 200 440.16 Home Alone Full day of presentations 08/27/2008 Wilson School 11- 15 225 440.16 Home Alone Full day of presentations 08/29/2008 DOC Fire Science 12- 17 6 440.13 Station Tour Cadets talked to FF's about their job 09/03/2008 Wilson School 0-5 100 440.15 911 Phone 911 interactive phone presentation 09/04/2008 Splendido Senior 100 440.27 BP Program Provide BP checks on site for Splendido 09/06/2008 GRFD Adults 13 440.04 CPR Class Public CPR Class 09/08/2008 Painted Sky 0-5 120 440.15 911 Phone 911 interactive phone presentation 09/17/2008 Ironwood Ridge 12-17 13 440.13 Station Tour Special Ed Class/Tour for Ironwood HS 09/17/2008 Painted Sky ES 5-11 6 440.15 911 Phone Special class for Brownie Troop 09/17/2008 Cub Scouts 8-15 10 440.13 Station Tour Cub Scouts talked to FF's about their job 09/18/2008 Casas School 5-14 40 440.07 Safety Event Learned about fire safety 09/20/2008 GOVAC Varied 2000 440.28 Standby Classic Car show at Steampump Village 09/23/2008 "Kids Club" 0-5 15 440.13 Station Tour Preschool tour and lunch with kids 09/25/2008 Casas School 0-5 50 440.15 911 Phone 911 interactive phone presentation 09/27/2008 Everyone Runs Adult 500 440.28 Standby Bi annual event-Trail Run @ State Park 09/28/2008 Copper Creek ES 0-5 100 440.15 911 Phone 911 interactive phone presentation 09/30/2008 Oro Valley Adm Adults 10 440.05 Fire Ext Trng Fire extinguisher training-new OV staff 111. Page 4 Golder Ranch Fire District - Oro Valley Call Summary Third Quarter 2008 Sun City Station # of calls % Dispatch to At Scene <5:00 minutes -EMS 169 83% Dispatch to At Scene <6:00 minutes -FIRE 1 0% Average Dispatch to At Scene Time 4:10 Woodburne Station'. ° � f ,, -t i,} # of calls % Dispatch to At Scene <5:00 minutes -EMS 1 92 66% Dispatch to At Scene <6:00 minutes -FIRE 3 0% Average Dispatch to At Scene Time 4:39 Lambert Station # of calls Dispatch to At Scene <5:00 minutes -EMS 129 59% Dispatch to At Scene <6:00 minutes -FIRE 1 100% Average Dispatch to At Scene Time 4:53 Average Total All Oro Valley Stations # of calls Vo Dispatch to At Scene <5:00 minutes -EMS 490 69% Dispatch to At Scene <6:00 minutes -FIRE 5 20% Average Dispatch to At Scene Time 4:28 Average Total All Oro Valley Stations -2" Fire Unit # of,calf % 2nd Fire Unit Dispatch to At Scene <8:00 minutes -FIRE 4 75% Average Dispatch to At Scene Time for 2"d Fire Unit 7:22 aa Golder Ranch Fire District — Oro Valley Detailed Fire Response Report Third Quarter 2008 Date Call# T i c Dis.. time Unit Ressolid 0114c64*':*TtitatRes .Time 7-3-08 12926 BUILD 11:59:48 EN376 12:00:42 12:04:20 4:32 St.376 EN381 12:01:35 12:06:25 6:37 Reported as an oven fire in a business. EN376 on scene with nothing showing. Negative incident- no fire problem, cancel all other units responding. Date ' Call# I1ype I Disp time I Unit Respond Onscene Total Resp Time7-6-08 13160 HOUSE 17:00:50 LD375 17:02:12 17:07:38 *6:10 St.375 EN374 17:01:59 17:07:52 7:02 Reported as BBQ grill on fire under porch. LD375 is on scene advised propane tank is on fire and has some extension into structure, on-scene units can handle. *Located at Vistoso Highlands; the mid-way dividing line for 375/374. Efate Call # Type _ Disp. time Unit Respond On-scene Total Resp. Time 7-7-08 13249 HOUSE 19:29:55 EN376 19:31:12 19:35:44 5:49 St.376 LD375 19:30:54 Noe Calling party reports heating element in stove is on fire. EN376 advised negative incident, other units can cancel. Date Call # Type Di* time Unit Respond On-scene _ Total Resp. Time 8-6-08 HOUSE 15:16:44 LD375 15:17:45 15:24:51 8:07 St.374 EN376 15:18:01 15:25:40 8:56 Reported as smoke from a garage at a residence in Vistoso Highlands. LD 375 on-scene reporting light smoke showing from the outside porch area, continue units in. A fire that started in or around some storage boxes outside extended into a small part of the structure. Date Call # Tytie-1W--:::MMt1;1110011:10Mg,l'Itospond .,:Qn-seene Total Re§p. Time 9-26-08 19067 BUILD 11:28:45 EN374 11:29:43 11:37:35 *8:50 St.375 Calling party reports a smoldering plate in a building under construction. BC372 on-scene (11:35:24) with nothing showing, advising units to shut-down code 2. A welder had smoldered a portion of plywood. *EN374 had to find exact location; was eventually flagged down. Cor Date Call # Type Disp. time W Unit Respond On-scene Total Resp. Times tY_._...., 9-29-08 19305 HOUSE 10:09:10 EN375 10:10:25 10:16:11 6:26 St.3 75 EN374 10:11:03 10:17:04 7:19 Reported as fire inside laundry room. EN375 on scene with heavy smoke in laundry room. Later determined to be isolated to the dryer, negative extension into structure. *EN375 was responding from the 1St and Naranj a area. Golder Ranch-Oro Valley Call Load Breakdown JuI - Sep2008 (3rdqrt) STATION CALL TYPE Sun City Woodburne Lambert TOTAL Aircraft Alarms 7 15 14 36 Automobile Fire 1 1 2 Brush Fire Brush Fire Endangering Commercial Fire 1 1 Electrical Emergency/ Fire 2 2 Fires (all other) 2 2 4 Gas Line 2 1 3 Hazmat 1 1 Odor Investigation 6 4 10 Residential Fire 1 1 A. _ Y.. 2 Smoke Investigation 1 3 2 ���� ' "` 6 Still Alarm (pole, tree, dumpster) 1 �= 1 Tractor Truck Firea TOTAL FIRE TYPE CALLS 10 34 24 68 .,t.,.... 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Bee Swarm 1 1 Misc. / Negative Incident, CX'ed 6 17 10 33 Pest Removal 112 307 144 563 Public Assist (All other) 61 70 34 165 TOTAL ASSIST TYPE CALLS 180 394 188 • 762 Motor Vehicle Accident 5 10 20 35 Rescue (high, trench, water) 1 1 All Other EMS Incidents (911) 164 181 109 454 TOTAL EMS TYPE CALLS 169 192 129 try 490 TOTAL ALL CALLS 359 620 341 1320 Rural Metro Fire Department — Oro Valley Call Summary First Quarter 2008-2009 RMFD Oro Valley #of calls Dispatch to At Scene <5:00 minutes—EMS 110 59% Dispatch to At Scene <6:00 minutes—FIRE 2 67% 2nd Fire Unit Dispatch to At Scene <8:00 minutes — FIRE 2 67% mergent Transport Unit Dispatch to At Scene <8:00 minutes— EMS 154 82% RURAL METRO FIRE OV CALL SUMMARY FIRST QTR 0809.doc Page 1 of 3 Rural Metro Fire Department — Oro Valley Detailed Fire Response Report First Quarter 2008-2009 ,mnprAmrr.n,;,,, • 1s t On- Total Disp . Date Call # Type , Units Resp. Time Scene Time 8/20/2008 2008021911 RESIDENTIAL 06:09:55 E76, 06:15:52 00:05:57 STRUCTURE E77, FIRE T75, T72, R76 REPORTED FIRE IN BATHROOM AND BEDROOM. THEY WERE ABLE TO PUT FIRE OUT, BUT WANTED INVESTIGATION. FIRE WAS FROM A CANDLE AND CONFIRMED OUT. "''''.11111111111,111111111110kippoomoillimoii„:. . Total Disp 1st On- Date (all # Type Units _ Resp. . . Time Scene „Time 8/24/2008 2008022327 RESIDENTIAL 07:44:06 E75, 07:49:32 00:05:26 STRUCTURE E77, FIRE T75, T72, R76, E76, P868 GARAGE FIRE. SMOKE SHOWING ON APPROACH. GARAGE AND ONE ROOM IN HOUSE ON FIRE. HOUSE CHARGED WITH SMOKE. NEG EXTENSION INTO SECOND FLOOR. Disp1st On- Date # Type Units Resp. Scene 9/10/2008 2008024056 RESIDENTIAL 21:35:01 E75, 21:41:39 00:06:38 STRUCTURE E76, FIRE E80, R70, T75, T72 REPORTED AS POSSIBLE LIGHTENING STRIKE. SMOKE IN RESIDENCE. NO EXTENSIONS OR ACTIVE FIRE FOUND. LARGE CHARRED AREA ON ROOF. RURAL METRO FIRE OV CALL SUMMARY FIRST QTR 0809.doc Page 2 of 3 Rural Metro Fire Department- Oro Valley Detailed Fire Response Report First Quarter 2008-2009 CALL TYPE TOTAL FIRE EMERGENCY 4� -0m���, 23 RESIDENTIAL STRUCTURE FIRE 3 GRADE ONE COMMERCIAL 6 GRADE ONE(1) RESIDENTIAL 6 STILL ALARM 8 MEDICAL EMERGENCY EMERGENCY MEDICAL SERVICE 162 FIRST ALARM MEDICAL 1 MOTOR VEHICLE ACCIDENT 24 NQS-EMERGENCY 115 CODE 2 EMS 4 INVALID ASSIST 10 SPECIAL DUTY 101 RURAL METRO FIRE OV CALL SUMMARY FIRST QTR 0809.doc Page 3 of 3 • TOWN OF ORO VALLEY Page 1 of 1 'OUNCIL COMMUNICATION DATE: NOVEMBER 5,2008 TO: HONORABLE MAYOR& COUNCIL FROM: AINSLEY ANNE LEGNER, PARKS & RECREATION DIRECTOR SUBJECT: APPOINTMENT OF KAREN LYNN CHATTERTON AND JOHN SCHEURING TO THE PARKS AND RECREATION ADVISORY BOARD FOR A TERM TO EXPIRE ON JUNE 30, 2010; AND DESIGNATING ALISON C. BOELTS AS THE ALTERNATE, TO BE SEATED ON THE BOARD IF A VACANCY OCCURS PRIOR TO JUNE 30, 2009. SUMMARY: Earlier this spring, the Town advertised for applicants interested in serving on the Parks and Recreation Board (PRAB), and there was a very limited public response. The Town re-advertised and received thirteen applications. Six of the applicants were interviewed on October 2, 2008 by Town Council Member Paula Abbott, PRAB Chair Dennis Ottley and Parks and Recreation Director Ainsley Legner. Karen Lynn Chatterton and John Scheuring are recommended for appointment to the Board for a term to expire on June 30, 2010. Additionally, Alison C. Boelts is recommended as an alternate to fill any vacancies that 'ccur before June 30, 2009. ATTACHMENTS: 1. Oro Valley Volunteer Appointment Applications from Karen Lynn Chatterton, John Scheuring, and Alison C. Boelts SUGGESTED MOTION: The Council may wish to consider the following motion: I move to appoint Karen Lynn Chatterton and John Scheuring to the Parks and Recreation Advisory Board for a term to expire on June 30, 2010 and to designate Alison C. Boelts as the alternate to be seated on the Board if a vacancy occurs prior to June 30, 2009. Ainsley Anne Leg er, Parks and Recreation Director � r .krbie Watson, Assistant Town Manager Lir David Andrews, Town Manager Lir ORO VALLEY VOLUNTEER APPOINTMENT APPLICATION Dear Oro Valley Citizen: We appreciate your interest in the Town of Oro Valley. This informational form,when completed,will allow us to quickly process your application. A list describing the Town's Boards and Commissions is attached for your reference. Information reflecting the procedures surrounding the appointment process to Boards is also attached. Your application will remain on file for two years from date of receipt. Your supplying this data will greatly assist us in understanding how we can best use your talents and experience. We thank you kindly for volunteering to serve the Town. Please note: No volunteer shall serve on more than one standing Board at any time and must have resided in the Town for 1 year. Please return to the Town Clerk's Office, 11,000 North La Canada Drive,Oro Valley,Arizona 85737. • Name Lk at LeA(‘- ))//ccreh (1!� Last ) First Middle ),. / oro ? leg /4 -E- g573 ?-• Street CityJ Sta I Zip � p Home Phone.. Busines Phone Number of Years in Oro Valley ? 6 (Must be a resident of the Town for 1 year.) Signature ,.; .�4 4 1 - Date C ��.--qC05 -rRec. t t , 7` Lse indicate the board or commission you wish to join: r \ - 1 isc Please list your volunteer services in Oro Valley and with other organizations including any boards or commissions on which you have served: (board/commission,civic,educational, c ltural, social,etc.) e (1 c h ed. of ded-re!/s V is- de/QH(hA t‘ _ tis d ddl,eI - IA t,� Cow:,ii;r6-ez›ffrOtiscatia,1/264,,An..-7,:wie? _ II s :h6(1 Av,56,Tvcsoiq How does your previous volunteer service prepare you for the board or commission appointment for which you have applied? Please describe an issue considered at a meeting of the Board or Commission for which you are applying. . t'Le t _ to770-2/7 Have you attended the Citizens Planning Institute? V'1(.2 Are you willing to attend? Briefly describe your educational/vocational background. , f<eft red Cj1Y9)('511) A tg CS(i( agryt qtA( pr',5-ittf IF DESIRED, ADDITIONAL INFORMATION MAY BE ATTACHED www.townoforovalley.com 4/18/06 Volunteer Service Details for Karen Chatterton Vista del Oro Homeowners'Association: • Joined with a coalition of neighbors fighting Tucson Electric's plan to replace small wooden power poles with large steel towers by using WAPA's right of way to circumvent Oro Valley's underground utility ordinance. Researched and presented economic impact of high voltage lines and steel power poles on adjacent property values. • Led a small handful of neighbors supporting lighted ball fields in Canada del Oro Riverfront Park after the HOA's official stance went with the majority who were opposed to the lights. Mansfeld Middle School: • Served several years on the Mansfeld Advisory Committee, the school's site-based council, where we made decisions regarding curriculum, school performance goals, and allocation of funds. • Served on the site-planning committee where we conceptualized and researched the school's expansion to accommodate growth and the renovation of existing buildings. We addressed issues such as o maintaining the historic integrity of the original building while meeting the needs of a 21st century middle school o finding the most efficient use of the limited playground area that was now to be further compromised by the footprint of the new building o restructuring the fields to provide the best design to accommodate the multiple users— physical education classes, intramural sports, interscholastic sports, and the neighborhood We met with: o the stakeholders (neighborhood associations, the University of Arizona representatives, parents, teachers, student representatives, coaches, etc.) for input o city officials, TUSD officials and attorneys to address logistical concerns We presented our final rendering to the district for implementation. Chaired the Facilities Utilization Committee where we were charged with ascertaining equitable access and maximum usage of school facilities. National Council for Geographic Education: • First Arizonan ever to win the prestigious George F. Cram award for exemplary classroom presentations • 2000 NCGE Teacher of the Year • Served on a committee to select scholarship winners Arizona Geographic Alliance: • Made numerous presentations at the local, state and national level on behalf of geographic education • Organized and ran the Geography Bee at Mansfeld Middle School for several years Southern Arizona AIDS Foundation • Produced several videos for annual fashion show fundraisers AYSO: • Assistant coach for a co-ed youth soccer team Tucson Trackbumers: • Assistant coach for racewalk, distance running and high jump. • We worked in partnership with Cross Middle School sharing both their track and their equipment as our practice facility. As coaches, it was imperative that we: o supervise our athletes- not only to minimize the risk of injury, but also to maintain the equipment and facilities so generously shared with us by the school. o Schedule our practices as to not interfere in any way with school activities Saint Elizabeth Ann Seton: • Music Ministry: Sang in the choir and eventually led the mezzo-soprano section • Religious Education: Taught fifth and seventh grade Catechism classes How Volunteering for the above has prepared me for being on the Parks and Recreation Board: The Town Council was considering competing requests. Homeowners' associations representing neighborhoods adjacent to Riverfront Park along with a group of Amphitheater Unified teachers wanted to implement a 9:00 p.m. curfew on ballpark lighting, while several Little League and soccer coaches wanted to extend the hours fields that could be lighted.The many hats I've worn—as a coach, an educator, a parent and an HOA member-allowed me to see the problem from multiple vantage points. As such, I understood: • the value and role of organized sports for children • the correlation between bedtimes and school performance • the shortage of fields available to organized sports • the effect of traffic, noise and light trespass on the neighborhoods (nearly all of my home's rooms have a direct line of sight to Riverfront Park) • the financial considerations associated with enforcement and/or implementation of increasing or decreasing the existing 10 p.m. light curfew In addition, my volunteer work has prepared me to: • meet with the stakeholders to reach consensus on the issue • speak publicly to large groups such as a Town Council meeting or a stakeholder's association • work with the local media to clarify the issue and educate the public ' ,iiiii,:z.—N.- ,4:71(1.7)Y7,H47. . . 11 :-:::;":ari4.:1:: 1411111W , ORO VALLEY VOLUNTEER APPOINTMENT APPLICATION Dear Oro Valley Citizen: We appreciate your interest in the Town of Oro Valley. This informational form,when completed,will allow us to quickly process your application. A list describing the Town's Boards and Commissions is attached for your reference. Information reflecting the procedures surrounding the appointment process to Boards is also attached. Your application will remain on file for two years from date of receipt. Your supplying this data will greatly assist us in understanding how we can best use your talents and experience. We thank you kindly for volunteering to serve the Town. Please note: No volunteer shall serve on more than one standing Board at any time and must have resided in the Town for 1 year. Please return to the Town Clerk's Office,11,000 North La Canada Drive,Oro Valley,Arizona 85737. Name S C h 'e,Li.J` `hZv 1 A O Last First Middle Address , 6 vF 5 3- Street City State Zip Cat � OTAkko1 • Number of Years in • • alley S (Must be a resident of the Town for 1 year.) o S M c e. 11 9 Li OPP° - .II' Signature IV Date n- d. 5 3$ ease indicate the board or commission you wish to join: eC.J\ k S OcAdj R e.c^42,p4. 1 p,t-k. Please list your volunteer services in Oro Valley and with other organizations including any boards or commissions on which you have served:(board/commission,civic,educational,cultural,social,etc.) L.cv..4 Sc A. co"rifer... 11iLia. Aail to M N 1-k) 74.c5o 4.t Go rl'AcVC kr.Ls .,,,,,, d o o Si1e SdC.o n-/`f G�e l �'�� S" a7C� j��.c� r Iae .3 t<r-e i c Tk0 vt g I rot Co2Z Czx. jc ..e,4 . How does your previous volunteer service prepare you for the board or commission appointment for which you have applied? Please describe an issue considered at a meeting of the Board or Commission for which you are applying. FPI)t,tipAT via,4-}or +0 -T ki t.i r CLCLLAd tA0X.L4i% je,‘.0(,i, cal-tti\k. VL:V.-tk;e_ --1-11 .2_13 ) S IA i t"1°S 1 4-v?3) 10 1 rcLA i vo‘ r0 ticatid / I 4;1. ►tee.. t"put To 1ie DV ,t p ra & rfr. • u'� Have you attended the Citizens Planning Institute? Are you willing to attend? Ye-5 Briefly describe your educational/vocational background. s*c_ia.,,„,.IV\ S l`Pc- D.tom 4 eio.z. U pt,, b ,-- 491,,,,,, Is,,iLL,1 ---Y-7,„4,--re x ciao A etivk 1 (kalor IF DESIRED,ADDITIONAL INFORMATION MAY BE ATTACHED www.townoforovalley.com 4/18/06 8, 6) t. (101W ORO VALLEY VOLUNTEER APPOINTMENT APPLICATION Dear Oro Valley Citizen: We appreciate your interest in the Town of Oro Valley. This informational form,when completed,will allow us toYprocess your our q application. A list describing the Town's Boards and Commissions is attached for your reference. Information reflecting the procedures surrounding the appointment process to Boards is also attached. Your application will remain on file for two years from date of receipt. Your supplying this data will greatly assist us in understanding how we can best use your talents and experience. We thankyou kindlyfor volunteering to serve the Town. p Please note: No volunteer shall serve on more than one standing Board at any time and must have resided in the Town for 1 year. Please return to the Town Clerk's Office, 11,000 North La Canada Drive,Oro Valley,Arizona 85737. Name 13 0.P —k--- (---- Last First Middle Address State Zip Home Phone Business Phone Number of Year Oro Valley 4Must be a resident of the Town ( for 1 year.) 7":Signature Date E --S--- -- a(P- (iaprse indicate the board or commissionyou wish7 to join: Ci`-,�- C `�" C. Aril SL Please list your volunteer services in Oro Valley and with other organizations including any boards or commissions on which you have served: (board/commission,civic, educational,cultural, social,etc.) (VA-e-A.5 ,_c it c, ' \.1•r How does your previous volunteer service prepare you for the board or commission appointment for which you.have applied? Please describe an issue considered at a meeting of the Board or Commission for which you are applying. Have you attended the Citizens Planning Institute? I'D Are you willing to attend? 9€ S Briefly de c ibe your educationallvocati nal background. r7 P, uo l C> n c Ec. �: CPckOO(?H tillir IF DESIRED,ADDITIONAL INFORMATION MAY BE ATTACHED www.townoforovalley.corn 4/18/06 Alison C. Boelts Résumé Tucson, AZ 85737 EDUCATION B.A. Philosophy, University of Arizona, 2000 Graduate with academic distinction (Cum Laude GPA 3.5-4.0) WORK EXPERIENCE July 2005-present: Owner of Proxy Services, LLC, an event management company. Please see résumé addendum at the end of this document for complete listing of services. 2003-December 2004: LP&G Marketing, Advertising and Public Relations, Tucson Media Buyer Planning and buying advertising media for major clients totalling over $1.5 million; including newspaper, magazine, outdoor, TV and radio. Responsibilities include: client and vendor relations; tracking, billing and system maintenance. 2000-2002: Pima College Digital Arts, West Campus, Tucson Adjunct Lecturer (various semesters) Instructor of college classes in computer graphic applications: Photoshop, Quark Xpress and Pagemaker. Also taught these applications at the University of Arizona Extended University and Origins Global College, Tucson. Taught K-8 special interest classes, Amphitheater Extension Programs, Tucson. 2002-2003: Nimbus Brewing Company, Tucson Assistant Brewer Assistant to the Head Brewer at Arizona's largest microbrewery. Responsibilities included: assisted in entire brewing process from milling and brewing to cleaning and kegging. Also, general clerical work in brewery administrative offices. 2001-2002: The Fountains Retirement Communities Administrative Offices, Tucson Marketing Manager Producing strategy and advertising materials for five Fountains retirement communities nationwide. 1993-2001 and continuing: Freelance Consulting, Tucson Freelance Desktop Publishing and Production writing, editing, layout, print liaison. Proficient in Macintosh Applications: PageMaker, Photoshop, Freehand, Illustrator. Event coordination, special projects, marketing campaign coordination. Freelance Clients include: The University of Arizona-Arizona Research Labs Division of Biotechnology; LP&G Marketing and Public Relations; United Way of Greater Tucson; Tucson Newspapers, Inc.; The Nature Conservancy; Tucson Parent Magazine; Maureen Thompson Graphic Design; Communication Skill Builders; Active 20/30 Club of Tucson During this period of time I also raised two infant children and completed my degree at the University of Arizona 1980-1993 Printing, various positions Arizona Lithographers, Classic Color Litho (now Print Expressions), Alphagraphics Various positions including executive assistant, estimator, sales, production management, scheduling, and production COMMUNITY INVOLVEMENT Spring 2008 Greater Tucson Leadership Academy Graduate (May 2008) Nonprofit fund-raising and special events coordination • CASA (Court Appointed Special Advocate) agent of the Superior Court. August 2007-present • Ironwood Ridge High School, Project Graduation committee leader • Panelist, Tucson Pima Art Council GOS Grant review committee, 2003 and 2004 • Board Member, OTO Theater of Dance, Tucson, 4 years. • Youth Soccer Coaching U-12 Girls - Fall 2000, U-11 girls Fall 2003 • Board Member American Youth Soccer Organization Region 922, Tucson, 3 years. • Board Member Las Familias Center for Treatment of Childhood Sexual Abuse, Tucson. • First Steps (administered through the Parent Connection, Tucson) in-hospital maternity visitation designed to facilitate community support for at-risk mothers. • American Red Cross apheresis platelet donor, (10 years/40 donations as of January 2008) ongoing, and registered bone-marrow donor. REFERENCES Leslie Perls-Partner, Creative Director LP&G Marketing, Advertising and Public Relations, Tucson 624-1116 Dana Rambow, President & CEO Aristocare Home Health Services and President NAWBO Greater Tucson Chapter 577-4825 (many other NAWBO Members are also available as references) Dennis Landry-Department Chair Pima Community College Digital Arts, West Campus, Tucson 206-6840 John Davis-Owner/CEO Arizona Lithographers, Tucson 622-7667 BIO Ali Boelts is the owner of Proxy Services. LLC, and Event Management Company in Tucson. Proxy provides planning and logistic support for corporate events, non-profit events and fundraisers, and other functions. Proxy also provides green alternatives for increasing the sustainability of any event. Ali has over 25 years experience in the Tucson market, having worked in all aspects of the advertising/marketing/promotions field including; media buying, print management, layout and production of print media, and event design and management. Ali has also taught graphic communications and computer layout applications courses at Pima Community College. Ali is extremely proud to be active in her community. She gives many hours each month to the CASA (Court Appointed Special Advocates) program and she is a 40 time plus platelet donor at the Red Cross. Ali has also served on several Boards of Directors and coached youth soccer. She is an active member of the Greater Tucson Chapter of NAWBO. TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: November 5, 2008 TO: HONORABLE MAYOR& COUNCIL FROM: Dee Widero, Zoning Program Supervisor SUBJECT: Appointment of Members to the Board of Adjustment (BOA) SUMMARY: The purpose of this item is to consider appointing three (3) new members to the BOA. Terms have expired for members Bart Schannep and Colleen Kessler. Andy Martin has resigned with one year remaining on his term. Using established procedures as outlined in the Town Council Policies and Procedures, an interview panel was formed consisting of Council Liaison Barry Gillaspie, BOA Chair John Hickey and staff representative Dee Widero. There were twenty (20) applicants; the interview panel selected six (6)to interview. The following applications are being forwarded to Mayor & Council for consideration and appointment as follows: Jeremy Christopher(new appointment) November 1, 2008 —June 30, 2010 Robert E. Swope (new appointment) November 1, 2008 —June 30, 2010 Jimmy Fields (new appointment—one year remaining) November 1, 2008 —June 30, 2009 ATTACHMENTS: Appointment Applications TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page SUGGESTED MOTIONS: The Town Council may wish to consider one of the suggested motions: I move to (approve, approve with conditions, OR deny) appointment of members to the Board of Adjustment ustment as recommended by the BOA Interview Panel. S. ah ore, Pla ing and Zoning Director -14-44"1 erene Watson, Assistant Town Manager David Andrew, Town Manager F:\OV\CC\BOA_110408 ,, „ ► 06/25/2008 16:27 FAX 5206165482 Peace Vanguard Det J001/001 0 'i9 i p =may I. ORO VALLEY VOLUNTEER APPOINTMENT APPLICATION Dear Oro Valley Citizen: We appreciate your interest in the Town Valley.Oro Valle . This informational form,when completed,will allow us to quickly process your application • . A list describing the Town's Boards and Commissions is attached for your reference. Information reflecting the procedures surrounding the appointment process to Boards is also attached. Your application will remain on file for two years from date of receipt. 1 assist us in understandinghow we can best use your talents and experience. We thank you kindly for Your supplying this data will greatly volunteering to serve the Town. ne standin Board at any time and must have resided in the Town for 1 year. Please note: No volunteer shall serve on more than o g Please return to the Town Clerk's Office,11,000 North La Canada Drive,Oro Valley,Arizona 85737. Name [,Hg•-. ...s-rt:)?ecii, Last First Middle Address 0 vd Street City State Zip Home Phone Business Phone EmailI' Number of Years in Oro Valley L c no (Must be a resident of the Town for 1 year.) 1116 - .3-14 ;nature Date ?--64/ o� 3440, Please indicate the board or commission you wish to join: 5040 01= ,40'A T o Please list your volunteer services in Oro Valley and with other organizations including any boards or commissions on which you have served:(board/commission,civic,educational,cultural,social,etc.) M.P4a— 66145,Pfilimi, xTY of c-4G sr4 P F $0A-A-0 `¢eo"Gtsi Al EPT e service prepare you for the board or commission appointment for which you have applied? Please How does your previous volunteer p p describe an issue considered at a meeting of the Board or Commission for which you are apply in:. F' oA .. M._ Ore -ro 41 6144-11-rep V �S4sk'65 sYM.iZAL- `� '� oV IO-01 c Coe s ol0(1 �o� 61'414114/61'414114/ Ld6 ofd � 6e4u. hiGyAIG glitx �v � Be. � A0`501- r � � 41,4�,US � ePf Sr�R&V y- hE �' V A • Institute? i`�° Are10.-6Have you attended the Citizens Planning you willing to attend? Briefly describe our educational/vocational background. � U c- • M�c � � �-r 1-- riS554, /44a-oi—TA/ fa- mai), ,0403- Asr4F alt-M�� T Q �/�'t�OFP IF DESIRED,ADDITIONAL INFORMATION MAY BE ATTACHED L� ��' www.townoforoval lev.com 4/18/06 Qat uzU6 MA5-ra, tri i c4�►crG A-�i�sit/. k • 5:4 • . _ �gy LOr ORO VALLEY VOLUNTEER APPOINTMENT APPLICATION Dear Oro Valley Citizen: We appreciate your interest in the Town of Oro Valley. This informational form,when completed,will allow us to quickly process your application. A list describing the Town's Boards and Commissions is attached for your reference. Information reflecting the procedures surrounding the appointment process to Boards is also attached. Your application will remain on file for two years from date of receipt. Your supplying this data will greatly assist us in understanding how we can best use your talents and experience. We thank you kindly for volunteering to serve the Town. Please note: No volunteer shall serve on more than one standing Board at any time and must have resided in the Town for 1 year. Please return to the Town Clerk's Office,11,000 North La Cafiada Drive,Oro Valley,Arizona 85737. Name Ff _., m Li• F Last First Middle / w11L 757 Address �' � Street City State Zip Business Phone170141")“' - Email Number of Years i o Valley (Must be a resident of the Town for 1 year.) .7 Signature Aa' Date L - 01 ') (" - nYE 'ii .� .: ;;T d <� ) ' r ( 4L tF ,.. Please indicat- the board or commission you wish to loin: j} :.- • .�‘11111,Par { lease list your volunteer services in Oro Valley and with other organizations including any boards or commissions on which you have served:(board/commission,civic,educational,cultural,social,etc.) , i #),/ ..,aC. Ir#42Vv I. kj /,, IA t7:1 � s r� a /4 �- II /GI)fox" , v'.�: ,,.. ` /e./ 141 ( re'err Iommissr/kir 2- .. 4 -tom ,_ t ,t 4vP How does your previous volunteer service prepare you for the board or commission appointment for which you have applied? Please describe an issue considered at a meeting of the Board or Commission for which you are applying. :- 1_ n �'r i} _`� ;� r•�.. w"� �'I ) r , �..�. i. .d' .t 1 J� jf ^ ./%yi..F J'• r .i • �!'. „lie., c„�'!. J. i E`.'i i,' e' -. "l E! (i'4' ✓ wi {'a� ;�' t. y s ✓ A�" r� .•C�`�: ..,� r •+; fpA " 1,1 r:. � _ ^ .. ff i � l..' t? •J .!`i e! i... '! iis' ,i. ;/' 'iy � "�i 3 �•.. h f rr.�'a'",^Ex p uti• • :�i.'i^�/� 3ff% ;/�/! .i y.), r• Have you attended the Citizens Planning Institute• Al Are you willing to attend? yeer Briefly describe your educational/vocational background. ,Etr IF DESIRED,ADDITIONAL INFORMATION MAY BE ATTACHED wvwv.townoforovalley.com 4/18/06 • JIMMY L. FIELDS, CPA Oro Valley, Arizona 85737-3445 PROFESSIONAL EXPERIENCE Balanced Care Corp. As President CEO(This Company Responsibility started 2002) CPL LTC INC. As President, CEO CPL Holding Co. As President, CEO CPL LTC REIT As Vice President United States Operations 2000 -2006 * Participate with Board and Canadian Sr. Mgmt to establish U.S. growth strategy for all U.S. Companies. * Develop and started Pharmacy Company to distribute drugs to LTC facilities. * Develop and Lead team to deliver quality services and successful financial performance in Healthcare and Senior Living Services. * Liaison and responsible for all U.S. subsidiary operating companies for Canadian Parent. * Director, Board member and President, CEO for each U.S. Company * Joined Company and successfully lead turnaround and financial management of. portfolio of companies located in 14 states. * Responsible for locating acquisition opportunities, financing, and related due .,,d diligence. RainTree Healthcare As President—CEO and Executive Vice President-Chief Financial Officer Corporation 1998—2000 * Managed banking, financing and investor relationships. * Responsible for direction and supervision of Accounting Department, Third Party Reimbursement, MIS and financial operations. * Joined the Company to assist turnaround after Company filed Chapter 11. * Emerged 2-1-99 as reorganized Company. Promoted to President, CEO * Directed all business functions until company transitioned to new owners. Fountains Affiliated As Chief Financial Officer and Director of Health Care Operations Companies 1995—1998 * Complete responsibility for all financing and accounting operations. * Responsibility for Health Care operations of the company including Long Term Care (Skilled Nursing Centers)and Home Health. * Duties included Due Diligence on acquisitions of approximately$150,000,000. * Established and responsible for Reimbursement Department. * Implemented Budgeting and Statistical Reporting Tools * Selected and implemented Uniform Accounting and Management Software for of companies' locations. Jimmy L. Fields Resume Page 2 Retirement Management As Chief Operating'Officer ‘arCorporation 1993 - 1995 * Complete responsibility for all corporate and field operations of this management company with 10 locations in six states. * These responsibilities included development and construction, acquisition analysis, marketing, accounting and finance, as well as day-to-day operations. * Created and implemented corporate Quality Assurance Department. Started an Institutional Pharmacy to serve company owned facilities. The Multicare As Chief Operating Officer and as Chief Financial Officer Companies,Inc. 1986 - 1993 * Complete responsibility for all corporate and field operations of this company with 56 locations in six states. * These responsibilities included development and construction, acquisition analysis, marketing, accounting and finance, as well as day-to-day operations. * Involved with and directed Company growth from 6 facilities, increasing not only profits but profit margins as well. * Instrumental in successful public offering raising $100,000,000. * Created Corporate Quality Assurance position supervising Regional Quality Assurance Team members to insure quality operations. * Implemented formal budgeting process and monthly operations review with corporate and facility team approach meeting with all Managers monthly alliur * Responsible for financing arrangements for acquisitions. * Complete responsibility for building and supervising Accounting, Data Processing, and Finance departments. * Evaluate entities for acquisition purposes. * Provided testimony as expert witness regarding reimbursement issues. * Implementation of Budgeting and Budget Manual. * Selected and implemented computer and software for accounting, financial, and management reporting. * Responsible for Reimbursement and Cost Report preparation. Retirement Centers As Vice President- Controller of America, Inc. 1983 - 1986 * Overall responsibility for the Accounting Department. * Responsible for Cash Management and Investment. * Financial Modeling with Lotus 123 for financing and acquisition analysis. * Evaluate and prepare financial feasibility studies for multiple project financings of I approximately$30,000,000 each. * Responsible for software selection and installation for IBM System 36 computer. * Responsible for training project CFO's and staff. Directed the preparation, evaluation and presentation of cash sensitivity analysis for compliance with bond covenants. Lir. * Made presentations to independent Boards discussing operating results and financial position. • Page 3 Clifton Gunderson As Manager & Co., CPA's 1976 - 1983 * In charge of Quality Control and Review of all Audits conducted in the Kansas City office of this national CPA firm. * Preparation and Review of Corporate, Partnership,Not for Profit, and Individual tax returns. * Provided testimony as an expert witness before regulatory commissions in Missouri and Kansas regarding utility rate cases. * Member of transition team to develop and train staff to do all cost report auditing for the State of Maryland. * Experience includes the following industries: Health Care, Construction, Utilities, Manufacturing,Distribution Companies, Dealerships, Municipalities, Universities and others Unitog Company 1974 - 1976 As Accounting Manager * Experience included supervising and working in various departments including ng sales audit,account analysis, accounts receivable, accountspaY able and accounting for fixed assets. * Responsible for analyzing numerous financial reports of the company's p manufacturing plants,rental operations,and branch offices. * Reported and discussed above findings with ve respective managers. p Education and Supplemental * Received B.S.B.A. degree from the University of Missouri. * Member of Beta Alpha Psi Honorary Accounting Fraternity. Member of American Institute of Certified Public Accountants. * Member of Kansas Society of CPA's • United States Army--Honorable Discharge Vietnam Veteran JUL 1 5 2008 July 13, 2008 Sarah S. More, FAICP Planning and Zoning Director Town of Oro Valley 11000 North La Canada Drive Oro Valley, AZ 85737 Dear Ms. More: On April 25, 2008, I wrote to express my interest in serving as a citizen volunteer on one of the Town's boards or commissions. I indicated that based on my professional experience, I believed that I could be most effective on either the Planning and Zoning Commission or the Development Review Board. I also noted that I would be open to other opportunities in which the Town believed that I could best serve the community. Attached to my letter of interest was a brief resume. Unfortunately, while I was out of town between mid-May and late June, I received a voice message on my home phone inviting me to a meeting with the Town's Interview Committee Panel in late May. By the time I was able to pick up the message and call the Town Clerk's Office in early June, recommendations on selected volunteers had already been presented to the Town Council for approval. I was assured in my phone conversation with the Town Clerk's Office, however, that my application would remain on file for future board or commission openings. tor Based on my understanding of the makeup of the Town's Interview Committee Panel, I assume that you (or your designee from the Planning and Zoning Division) reviewed the applications, determined the short list of interviewees, and made final recommendations. As a result, I am writing to you to simply reiterate my continuing interest to serve on one the various planning-related boards or commissions (I am enclosing my original letter of interest and accompanying resume for your personal file). I have noted that the Town is presently soliciting applications for the Board of Adjustment. Can I assume, as indicated in my conversation with the Town Clerk's Office in early June, that my application currently on file will be reviewed in light of these new openings? I hope that I will have the chance in the near future to meet with you to discuss these and other planning-related citizen volunteer opportunities. Sincerely, Ider-511 Robert E. S ope Oro Valley, AZ 85737 law • -41000 April 25, 2008 To Whom It May Concern: I am writing to express my interest in serving as a citizen volunteer on one of the Town of OroValley boards or commissions. Because of my extensive and relevant professional interest, experience, as well as personal interest, I believe that I could most effectively serve on the Planning and Zoning Commission or the Development Review Board. I am, of course, open to other opportunities in which you believe I could best serve my community. I noted that volunteers to these boards and commissions must be a resident of the Town for one year. I recently retired and moved to Oro Valley in September 2007. While I do p not technically meet that residency requirement, I believe that my professional experience and credentials will still be seen as an asset to the Town. I have 35 years of experience as arofessional urban and environmental onmental planner in both yid the public and private sectors (I have attached a brief resume for your consideration). I received my Masters Degree in Urban and Regional Planning from the University of Arizona(1973). I worked for the City of Tucson Planning Department between 1972 and 1974, focused on the development of the City's Comprehensive Plan, housing issues, and compatible land use zoning in the vicinity of the Davis Monthan AFB. After leaving the City, I worked for planning consulting firms in Tucson, Los Angeles, and Seattle, as well internationalg � as on several assignments. The last 20 years of my career was focused on environmental planning, and specifically the management of technical teamsre arin p p g environmental impacts reports/statements for large-scale public and private projects in compliance with the National Environmental Policy Act (NEPA) and Washington State Environmental Policy Act (SEPA). I should also note that I have been a member of the American Institute of Certified Planners (AICP) since 1989. Oro Valley is currently experiencing many of the growth and development-related issues that I addressed during my 3 5 i -year career, ncluding the im act of growth on the p transportation and utility infrastructure and on the natural environment and the effects it has had on the quality of life. I believe that I can lend a seasoned voice to thep ublic discourse on planning, zoning, and growth management. I also believe that I come with fresh ideas on the conduct of the planning process and public input to that process based p on my experience in similar communities elsewhere in the West. 4 v • I hope that my application will be given careful consideration. I look forward to the opportunity to discuss my relevant experience/credentials/ideas with the Town's Interview Committee Panel. I should note that I will be out of town between mid-May and the end of June. Sincerely, Robert E. Swope, AICP Oro Valley, AZ 85737 Robert E. Swope, AICP Oro Valley,AZ. 85737 Education M.S., Urban and Regional Planning, University of Arizona, 1973 M.A., Latin American Studies, University of New Mexico, 1969 B.A., Political Science/International Relations, Penn State University, 1967 Professional Experience Senior Environmental Planner/Project Manager--CH2M HILL--Bellevue, WA--1981 to 2007 • Manager for the preparation of approximately 50 NEPA and/or SEPA EISs related to roadway widening/extension projects; ferry terminals; light rail transit routes/facilities; airport landside access improvements; bridge replacements; flood water storage facilities; residential, commercial, office, medical, and resort developments; and military training operations • Planner on three planning projects in Saudi Arabia (1979-1981, 1982-1984, and 1986-1987), conducting land use surveys; identifying community facility needs and developing related siting criteria and site-specific land requirements; formulating sensitive environmental area protection policies and strategies; and preparing city and regional plans Nos) Chief of Land Use and Transportation Planning--Northern Virginia Planning District Commission--Falls Church, VA--1977 to 1979 • Prepared community land use plans in the vicinity of proposed Metrorail stations within northern Virginia and the environmental assessments of those plans Planning Consultant--Wilsey & Ham--Tucson, Arizona and South Pasadena, California--1974 to 1976 • Provided technical assistance to the Papago (Tohono O'Odham)Reservation planning staff in the preparation of the Reservation Development Plan • Prepared various elements of the general plans for South Tucson and Casa Grande, Arizona and Las Vegas, Nevada Planner--City of Tucson Planning Department--Tucson, Arizona--1972 to 1974 • Planner-in-charge of the preparation of the Housing Element of the Tucson Comprehensive Plan; responsible for organizing, coordinating the activities of, and providing staff expertise to the Citizen's HousingAdvisory viso ry Committee • Determined the need for and feasibility of implementing a compatible land use ordinance within the Davis Monthan AFB noise and safety impact zone TOWN OF ORO VALLEY Page 1 of 2 COUNCIL COMMUNICATION MEETING DATE: November 05, 2008 TO: HONORABLE MAYOR AND COUNCIL FROM: AIMEE RAMSEY, TRANSIT SERVICES ADMINISTRATOR SUBJECT: Resolution Number (R)08- 73 adopting the Town of Oro Valley Department of Public Works Transit Services Division Prevention of Alcohol Misuse and Prohibited Drug Use Policy. SUMMARY: Pursuant to the Town of Oro Valley receiving Federal Transit Administration (FTA) funds for transit services, the FTA mandates that all entities receiving such funds, adopt a Drug and Alcohol Policy for all employees regulated by the FTA,this includes all Transit Services Division Employees. The Mayor and Council approved the original Town of Oro Valley Drug-Free Workplace Federal Transit Administration (FTA) Drug/Alcohol Policy in March of 2006, with revisions on December 20, 2006 and February 10, 2007. This new policy replaces the original and reflects all changes required since 2002 and outlined in the FTA Best Practices Manual. On August 1, 2008, the City of Tucson's Transit Services Coordinator received otification from the Federal Transit Administration that it changed procedures for urine collections as it pertains to rug testing prompting the newly revised policy. Therefore, it is necessary to adopt the Town of Oro Valley Department of Public Works Transit Services Division Prevention of Alcohol Misuse and Prohibited Drug Use Policy to reflect updates in FTA policy and recommended changes from outside reviews by the City of Tucson. This policy has been reviewed by the Town's Human Resources Director and Legal Department. PROJECT OVERVIEW: The Town of Oro Valley has a transit service for elderly and disabled residents— Coyote Run. The transit service provides trips to Oro Valley residents who are 62 years of age and older, transportation dependent and/or who are eligible under the Americans with Disability Act. This service has been facilitated by the Town of Oro Valley since October 1996. Since then, there has been a need to increase fleet size as well as replace vehicles due to the significant demand for service. The Town of Oro Valley receives FTA funds to meet these replacement demands. The City of Tucson is the designated recipient of FTA funds. Therefore, the Town of Oro Valley is considered a sub-recipient of the City of Tucson. The current IGA between the City of Tucson and the Town of Oro Valley establishes the FTA policies, facilitates and establishes the grant requirements and funding delineations. TOWN OF ORO VALLEY • Page 2 of 2 COUNCIL COMMUNICATION MEETING DATE: November 05, 2008 r FISCAL IMPACT: Total Drug/Alcohol testing is estimated at $900.00 annually for the Transit Services Division. This is a budgeted expenditure. Therefore, no additional money shall be needed. The amendment, if approved, shall not have any real impact on the current budget. ATTACHMENTS: 1) Resolution Number(R)08- 73 ,Adopting the Town of Oro Valley Department of Public Works Transit Services Division Prevention of Alcohol Misuse and Prohibited Drug Use Policy. 2) The Town of Oro Valley Department of Public Works Transit Services Division Prevention of Alcohol Misuse and Prohibited Drug Use Policy. 3) New Department of Transportation Urine Specimen Collection Guidelines—Effective August 25, 2008. RECOMMENDATIONS: It is the recommendation of the Transit Services Administrator to approve Resolution No. (R)08-73 ,Adopting the Town of Oro Valley Department of Public Works Transit Services Division Prevention of Alcohol Misuse and Prohibited Drug Use Policy. SUGGESTED MOTION: I move to approve Resolution No. (R)08- 73 , Adopting the Town of Oro Valley Department of Public Works Transit Services Division Prevention of Alcohol Misuse and Prohibited Drug Use Policy. OR I move to deny Resolution No. (R)08- 73 ,Adopting the Town of Oro Valley Department of Public Works Transit Services Division Prevention of Alcohol Misuse and Prohibited Drug Use Policy. 1 , 4,..le. s.. - i 1 i, 1. libi « A. A e Ramsey, ansit,Ad nistra ott \ / iilt-/ aig Civa r, Town ngineer /A-t-CD- --3/(iltd.ti„,) er e Watson, Assistant Town Manager AM{ David Andrews, Town Manager RESOLUTION NO. (R) 08- 73 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, ADOPTING THE TOWN OF ORO VALLEY DEPARTMENT OF PUBLIC WORKS TRANSIT SERVICES DIVISION PREVENTION OF ALCOHOL MISUSE AND PROHIBITED DRUG USE POLICY. WHEREAS, the Town of Oro Valley is a political subdivision of the State of Arizona vested with all associated rights, privileges and benefits and is entitled to the immunities and exemptions granted municipalities and political subdivisions under the Constitution and laws of the State of Arizona and the United States; and WHEREAS, pursuant to 49 CFR 655 et seq., the Federal Transit Administration (FTA) has the authority to establish programs to be implemented by employers that receive FTA funding that are designed to help prevent accidents, injuries and fatalities resulting from the misuse of alcohol and use of prohibited drugs by employees who perform safety-sensitive functions; and WHEREAS, pursuant to A.R.S. § 9-240, the Town has the authority to provide policies and procedures, and the Town believes that the Town of Oro Valley Department of Public Works Transit Services Division Prevention of Alcohol Misuse and Prohibited Drug Use Policy ("Policy") is in the best interest of the Town; and WHEREAS, this Policy reflects changes required by the FTA since 2002 as outlined in the FTA Best Practices Manual, and is proposed to replace the Town of Oro Valley Drug-Free Workplace Federal Transit Administration (FTA) Drug/Alcohol Policy adopted by Council on March 20, 2002; and WHEREAS, it is in the best interest of the Town to adopt the Town of Oro Valley Department of Public Works Transit Services Division Prevention of Alcohol Misuse and Prohibited Drug Use Policy, attached hereto as Exhibit"A", to reflect the FTA changes. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Oro Valley, Arizona, that: 1. The Town of Oro Valley Department of Public Works Transit Services Division Prevention of Alcohol Misuse and Prohibited Drug Use Policy, attached hereto as Exhibit "A", is hereby adopted. (110 \\Legal\sharefiles\Public Works\TRANSIT\Projects\Drug Free Workplace\2008\Resolution Aug 2008 final doc Town of Oro Valley Atty/sb/100908 2. The Town of Oro Valley Drug-Free Workplace Federal Transit Administration (FTA) Drug/Alcohol Policy initially adopted by Council on March 20, 2002, is hereby ,4igiO repealed. 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 Policy. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona, this 5th day of November , 2008. TOWN OF ORO VALLEY Paul H. Loomis, Mayor ATTEST: APPROVED AS TO FORM: Kathryn E. Cuvelier, Town Clerk Tobin Rosen, Town Attorney Date Date Town of OValle Department of PWorks Transit DivisiOn Prevention of Al • and Prohibited Policy ,......, , ,:::.'S „, �`'ay <ya„ ,,fr..,.. % y. t” {`�`3 y ,A >.:.. ::e. r J{4 J i• ,, ,,,,:,-„,.. i f ..... ..*..A.jc.. 41,14,...:,4.7- }� } 3} .py43 9 n3 „'2;'w»,fiy�y.,y Jo" ; .�t J �?q,g'i ;a .+. { ' 4 C,r i $'"..r' K Jr.C`�', '�y do a {f xY-' J, r. �. y } .:„ t K{r{t. CJ J J,.r: Y`s} SS .} "� S{y{rh<r y.� F':+x'.'{; / J� � ::�V ✓ .:.7 i w' • S S>£ {'fY 3< <`t{<nr; R J".!./r il-YA' y is3 °ak•? - l} R� �o9c?'�4<Nvf'igJ'Cr:,: ! y// �%`h �' ✓�}{.�Q�' � Y �,� C /"" 3> °4�Y} (,�%•{fib s <j:'t:-. .:--:.'t:::i,',6!;z:2.,,...::.,::ct fy`,Y{Y•{..'.'{� :2 } f•St�'•:YS {yamY JY}Y.lT• ly{`�{w.v'i} r6{ I��. �> .,y,{R' r$/ Y }�.�� // !` Y��,° J e ,fi• .. 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J`� .-' '�""{{;fit' {'}: 'H',�„`.vy-tt �` < J ''i?.. �' M«t{,� r < ,F,,fin •. :� Yl� .4r' t �.+FjOu ..+.. ,-4,:::, ../.•'''• +� y�, K xtF h /1" Coyote Run Oro Valley'sTransportation Service 12941 Pusch Mountain View Lane Oro Valley, Arizona 85755 Phone 520.229.4990 • Fax 520.229.5049 Table of Contents Introduction 3 Town of Oro Valley Employees Subject to FTA Testing Requirements 4 Drug Use Prohibitions and Consequences 4 Alcohol Misuse Prohibitions and Consequences 5 Circumstances Under Which a Safety Sensitive Employee Will Be Tested 6 Pre-Employment Drug Testing 6 Reasonable Suspicion Testing 7 Post Accident Testing 8 Random Testing 8 Return to Duty Testing 9 Follow Up Testing 9 Refusal to take a FTA Required Drug or Alcohol Test 9 Methods of Testing and of Safeguarding the Validity of Tests 11 Record Keeping Requirements 13 The Effects of Alcohol Misuse on Employees 14 Employee Education and Training Program 16 Conclusion 16 References 16 Attachments and Appendices 17-27 Revised November 5, 2008 2 TOWN OF ORO VALLEY - TRANSIT SERVICE DIVISION POLICY REGARDING ILLEGAL DRUG USE AND ALCOHOL MISUSE BY SAFETY-SENSITIVE EMPLOYEES INTRODUCTION The Town of Oro Valley (Town) adopted this Policy in 2008, to comply with the requirements of the Federal Transit Administration (hereinafter "FTA") Regulations, Prevention of Alcohol Misuse and Prohibited Drug Use In Transit Operations, 49 CFR Part 655. Federal Transit Regulations 49 CFR Part 655 mandates drug and alcohol testing for safety sensitive positions and prohibits employees from performing safety sensitive functions when an employee has tested positive for drugs and/or alcohol. The regulations governing the procedures for testing programs are set forth in 49 CFR Part 40, as amended. Copies of the Federal regulations 49 CFR Part 40 is available for inspection in Town of Oro Valley's Transit Services Division. This amendment, made in October 2008, is necessary to comply with United States Department of Transportation (DOT) regulations 49 CFR Parts 655 and 40, as amended. The purpose of this policy is to advise safety-sensitive employees of their obligations under federal law and Town of Oro Valley's policy not to use illegal drugs on or off duty, nor to use alcohol on duty or misuse alcohol off duty in a manner that may affect their performance on duty. It sets out the consequences if a safety-sensitive employee does not comply. It also discusses drug and alcohol tests and testing procedures required by federal law or permitted under Town policy. Any provision in this Policy that is not part of Federal Regulations but is covered instead solely by the drug and alcohol provisions of Town policy will be noted throughout this policy in Italics (Italics). Finally, this Policy delineates educational, training, assessment and prevention programs available to Town of Oro Valley employees. The Town of Oro Valley has a designated Drug and Alcohol Program Manager (DAPM) and Designated Employer Representative (DER), to answer employee questions about this Anti-Drug and Alcohol Misuse Program. See Attachment 1 The Town of Oro Valley will use a licensed physician, who is certified as a Medical Review Officer (MRO), to review positive drug test results and to comply with other requirements of FTA Regulations 49 CFR Part 655 and 40, as amended. See Attachment 1 Town of Oro Valley will also designate a Substance Abuse Professional(s) (SAP) who will be available to evaluate Town of Oro Valley employees who are not in compliance with alcohol misuse and anti-drug requirements of FTA Regulations. This is a certified Substance Abuse Professional who has knowledge and clinical experience in the diagnosis and training of drug and alcohol disorders. See Attachment 1 At times authorized by FTA Regulations, Town of Oro Valley will test safety-sensitive employees for the misuse of alcohol. Town of Oro Valley will also test safety-sensitive employees for the use of the following controlled substances: 1. Marijuana 2. Cocaine 3. Opiates 4. Amphetamines 5. Phencyclidine (PCP) It is a condition of employment that all safety-sensitive employees comply with this Policy and FTA Regulations and any subsequent amendments. Revised November 5, 2008 3 Town of Oro Valley Employees Subject to FTA Testing Requirements FTA drug and alcohol testing requirements apply to employees who perform or who may be expected to perform a "safety-sensitive function", which includes any of the following duties. 1. Operating a revenue service vehicle, including when not in revenue service. 2. Operating a non-revenue service vehicle, when required to be operated by a holder of a Commercial Driver's License. 3. Controlling dispatch or movement of a revenue service vehicle. 4. Maintaining a revenue service vehicle or equipment used in a revenue service vehicle, or 5. Carrying a firearm for security purposes. 6. Contractor employees that are permitted to perform any of the above listed safety sensitive duties. Pursuant to the above standard, the following Town of Oro Valley employees are subject to FTA drug and alcohol use restrictions and drug and alcohol testing. 1. Transit Drivers 2. Dispatchers/Supervisors 3. All Supervisors and Managers who are responsible to perform any of the above duties. 4. Administrator Drug Use Prohibitions and Consequences Under the Drug Free Workplace Act, all Town of Oro Valley employees are prohibited from manufacturing, distributing, dispensing, possessing or using illegal drugs in the workplace. Any Town of Oro Valley employee convicted of a criminal drug statute violation that occurred in the Town of Oro Valley workplace is required to notify Town of Oro Valley of that conviction within five days after such conviction, as provided in The Drug Free Workplace Act of 1988. In addition, under FTA Regulations, any safety-sensitive employee who tests positive for the use of prohibited drugs or who refuses to submit to a FTA-required drug test must cease performing safety sensitive duties immediately and must be referred to a substance abuse professional. FTA Regulations state federally mandated cut-off limits for the minimum quantity of a drug that must be detected in the initial test and also in the confirming test in order for a drug test to be reported as a positive. Expressed in nanograms per milliliter (ng/ml), the screen (designated "5") and the confirmation (designated "c") cut-off limits currently are: Marijuana (s50 c15); Cocaine (s300 c150); Opiates (s2000 c2000); PCP (s25 c25); and Amphetamines (s1000 c500). Although FTA Regulations do not require that a safety-sensitive employee who tests positive for prohibited drug use or who refuses to take a drug test be terminated from employment, Town of Oro Valley will terminate any employee who tests positive for illegal drug use or who refuses to comply with a reasonable order to submit to a drug test. This termination policy of Town of Oro Valley includes both supervisory and non-supervisory employees and applies regardless of whether illegal drug use occurred on or off the job. Town of Oro Valley Personnel Policies and Procedure Manual specifically provides for termination from employment for either the illegal use of drugs or insubordination, which includes the refusal to comply with a reasonable order of a supervisor to submit to a drug test. The sole exception to this termination policy is that any employee who is using illegal drugs and comes forward prior to being notified of or becoming aware of an imminent drug test of that employee will be referred to a Revised November 5, 2008 4 substance abuse professional and given a leave of absence to permit the employee to enter a drug rehabilitation program approved by the substance abuse professional. The employee may use accrued sick leave, vacation, or other accrued leave while on this leave of absence. If the employee has no accrued leave time available, the leave will be without pay. In regard to any approved treatment program, Town of Oro Valley will bear any cost of such a program that is currently covered under the Town's Benefit Program. Should an employee use illegal drugs again, fail to attend or successfully complete any designated drug program, or fail to otherwise comply with applicable FTA Regulations or Town of Oro Valley requirements, he/she will be terminated. If the employee successfully completes the program recommended by a substance abuse professional, he/she will be subject to a return-to-duty drug test, a possible alcohol test, and follow-up random tests for up to 60 months after returning to work. FTA Regulations require that the employee must pass a minimum of six follow-up tests within the first 12 months back in a safety-sensitive position. Should the employee test positive for illegal drug use within the 60-month period, he/she will be terminated. Legal Drug Use The appropriate use of legally prescribed drugs and non-prescription medications is not prohibited. However, the use of any substance which carries a warning label that indicates that mental functions, motor skills, or judgment may be adversely affected should be discussed by employees with their appropriate health care professional before performing work-related duties. Educational information regarding prescription and over-the- counter medications should be obtained from either a health care professional or pharmacist. Employees are urged strongly to seek and obtain medical advice prior to using prescription or over-the-counter drugs that may adversely affect his/her ability to safely operate or maintain vehicles. A legally prescribed drug means that the individual has a prescription or other written approval from a physician for the use of a drug in the course of medical treatment. If the employee tests positive for drugs, he/she must provide the MRO a valid prescription within 24 hours. A valid prescription includes the patient's name, the name of the substance, quantity/amount to be taken, and the period of time of the authorization. The "illegal use of drugs"is prohibited under the Town's Personnel Policies and Procedures Manual. Alcohol Misuse Prohibitions and Consequences FTA Regulations prohibit a safety-sensitive employee from reporting for any safety-sensitive duty or remaining on duty while having an alcohol concentration of 0.04 or greater. Town of Oro Valley will not permit an employee to perform safety-sensitive duties under these circumstances. FTA Regulations also prohibit a safety-sensitive employee from consuming any alcohol while performing a safety-sensitive function. Alcohol use means the consumption of any beverage, mixture or preparation, including any medication containing alcohol. Town of Oro Valley will not permit any employee to perform safety- sensitive duties under these circumstances. FTA Regulations strictly prohibit any safety-sensitive employee from consuming alcohol, including alcohol in medication, within four (4) hours prior to performing a safety-sensitive function. In addition, any safety-sensitive employee who is "on call" may not use alcohol during the call time. Should an employee use alcohol while on call, he/she should acknowledge that use when called to report to duty and indicate the inability to perform a safety- sensitive function. If the employee acknowledges the use of alcohol while on call but claims an ability to perform safety sensitive functions, an alcohol test shall be required. Revised November 5, 2008 5 Under FTA Regulations, any safety-sensitive employee who is required to take an alcohol test after an accident is prohibited from using alcohol for eight (8) hours after the accident or until he/she has undergone a post-accident alcohol test, whichever occurs first. Any safety-sensitive employee who violates any of the above FTA alcohol restrictions or who refuses to submit to a FTA-required alcohol test must cease performing safety-sensitive functions immediately and must be referred to a substance abuse professional. FTA Regulations do not require that Town of Oro Valley terminate a safety-sensitive employee who reports to duty with an alcohol concentration of 0.04 or greater, uses alcohol on the job, or refuses to submit to an alcohol test. However, Town of Oro Valley will terminate any safety-sensitive employee who reports to duty with an alcohol content of 0.04 or greater, uses alcohol on the job, or refuses to submit to an alcohol test after being given a reasonable order to do so by a supervisor. This applies to both supervisory and non-supervisory employees. The Town of Oro Valley may terminate an employee for drunkenness, drinking on the job, or refusing to comply with a reasonable order of a supervisor to take an alcohol test. Employees who are not drunk while on duty but who use alcohol in violation of FTA Regulations, such as within four (4) hours prior to duty or while on call, are also subject to appropriate disciplinary action. Any Town of Oro Valley employee who believes he/she has an alcohol misuse problem that may affect work performance may seek a medical leave of absence. Any employee who seeks a leave of absence prior to being identified as violating any of the above alcohol misuse rules or prior to being notified of a mandatory alcohol test will not be disciplined, but will be referred to a substance abuse professional. The employee must comply with the recommendations of the substance abuse professional. Any leave of absence granted will be without pay unless the employee has accrued sick or vacation pay. Town of Oro Valley will bear any costs of an approved treatment program to the extent that cost is covered under the Town's Benefits Program. If the substance abuse professional recommends that the employee be returned to work, the employee must successfully complete a return to duty alcohol test and possibly a drug test if recommended by the substance abuse professional. FTA Regulations require that the employee must pass a minimum of six follow-up tests within the first 12 months back in a safety-sensitive position. The employee will then be subject to follow-up testing for up to sixty months. Circumstances Under Which A Safety-Sensitive Employee Will Be Tested Pursuant to FTA Regulations Pre-Employment Testing Town of Oro Valley may not allow an applicant to work in a safety-sensitive position or transfer a non safety-sensitive employee to a safety-sensitive position unless the applicant or transferee passes a drug test with a verified negative result. When a covered employee or applicant has not performed a safety-sensitive function for 90 consecutive calendar days regardless of the reason, and the employee has not been in Town of Oro Valley's random selection pool during that time, Town of Oro Valley shall ensure that the employee takes a pre- employment drug test with a verified negative result. If otherwise qualified, an individual with permanent or long term disabilities that directly renders him/her unable to provide an adequate urine specimen will be able to perform safety-sensitive duties despite their inability to provide urine during a pre-employment test. The certified MRO will determine long term inability to provide urine by medical examination and consultation with the employee's physician. Revised November 5, 2008 6 If an individual cancels a pre-employment test, the individual must take another pre-employment test with a verified negative result prior to the individual performing any safety sensitive function. In addition, any applicant or person transferring to a safety sensitive position who previously failed or refused any DOT required pre- employment test with any DOT covered employer must show evidence of treatment by a SAP which meets DOT requirements. The Town's Human Resources Department must obtain and review the information listed below from any employer for whom the applicant was subject to safety-sensitive/CDL requirements within the past two years. The information obtained must include whether the applicant: 1. Has participated in a drug and alcohol testing program required by the DOT in the last two years. 2. Had an alcohol test with a concentration of 0.04 percent or greater in the last two years. This includes prospective employees if they have failed or refused a DOT drug or alcohol pre-employment test within the past two years from an employer who did not hire the employee. 3. Tested positive for a controlled substance test in the last two years. This includes prospective employees if they have failed or refused a DOT drug or alcohol pre-employment test within the past two years from an employer who did not hire the employee. 4. Refused a required test in the last two years. The Town's Human Resources Department must provide to each of the applicant's previous employers a written authorization from the applicant for release of the required information. The release of this information may take the form of personal interviews, letters, or any other method that ensures confidentiality. If the Human Resources Department is not given written authorization, the Town shall not hire the applicant. The Human Resources Department shall maintain a written, confidential record with respect to each past employer contacted. When a covered employee or applicant has previously failed or refused a DOT pre-employment drug and/or alcohol test, the employee must provide proof of having successfully completed a referral, evaluation and treatment plan meeting DOT requirements. Reasonable Suspicion Testing Town of Oro Valley shall conduct a drug or alcohol test when there is a reasonable suspicion to believe that a safety-sensitive employee has used a prohibited drug or has violated any FTA alcohol misuse regulation. Under FTA Regulations, Town of Oro Valley's determination of reasonable suspicion must be made by one trained supervisor or trained Company official and must comply with FTA standards. One trained supervisor or trained Company official must articulate, substantiate, and document physical, behavioral, and performance indicators of probable drug use or alcohol misuse by observing the appearance, behavior, speech or body odors of the covered employee. Any trained supervisor having reasonable suspicion of an employee's controlled substance and/or alcohol use in violation of this Policy, or any supervisor receiving notification from a subordinate employee of an employee's violation of this Policy, shall first observe the employee in question for any signs or symptoms of use or abuse of drugs and/or alcohol ensure the safety of the clients, the employee and other employees by removing the employee from performing any safety-sensitive function. The supervisor must evaluate and ascertain that there is specific, contemporaneous and articulable observations concerning appearance, behavior, speech or body odors consistent with possible drug use or alcohol misuse. Completing the Supervisor's Report of Reasonable Suspicion, the trained supervisor shall call the Transit Services Administrator, and/or his/her designee, to order a "Reasonable Cause"test. The supervisor shall notify the subject employee in person and transport him/her immediately, or as soon as practical, to the Town's designated collection site to be tested. The supervisor shall remain at the collection site Revised November 5, 2008 7 and ensure the employee is transported to his/her home. The employee shall be placed on administrative leave pending notification of the test result. A refusal to test shall be considered a positive test result and shall result in disciplinary action up to and including termination of employment. The supervisor and any other supervisor/manager involved shall document their observations and involvement in the situation to drug and/or alcohol test an employee for substance abuse. Post Accident Testing As soon as practicable after a fatal accident, Town of Oro Valley must drug and alcohol test each surviving safety-sensitive employee operating the mass transit vehicle at the time of the accident. Town of Oro Valley must also drug and alcohol test any other safety-sensitive employee whose performance could have contributed to the accident. In the event a FTA drug test is not administered within 32 hours following an accident, management will cease attempts to administer the drug test and document the reasons why. In the event a FTA alcohol test is not administered within two hours following an accident, management will document the reasons why the test was not promptly administered. If an alcohol test is not administered within eight hours following an accident, Town of Oro Valley will make no further effort to administer an alcohol test and will document the reasons why the test was not administered within eight hours. Under FTA Regulations, a non fatal accident occurs when any individual suffers a bodily injury and immediately receives medical treatment away from the scene of the accident, or if any vehicle involved in the accident incurs disabling damage and is transported away from the scene by a tow truck or other vehicle. As soon as practicable after a non fatal accident, Town of Oro Valley must drug and alcohol test any safety-sensitive employee operating the mass transit vehicle at the time of the accident, unless a Town of Oro Valley supervisor with authority to do so determines, using the best information available at the time of the decision, that the employee's performance can be completely discounted as a contributing factor to the accident. Town of Oro Valley must also drug and alcohol test any other safety-sensitive employee whose performance could have contributed to the accident. A safety-sensitive employee who is subject to a post-accident test and fails to remain readily available for such testing, including notifying Town of Oro Valley of his/her location if he/she leaves the scene of the accident prior to a test, may be deemed under FTA Regulations to have refused to submit to such testing. A Town of Oro Valley employee is not prohibited from leaving the scene of an accident for a short period of time if necessary to obtain assistance in responding to the accident or to obtain necessary emergency medical care. In the event that an employee involved in an accident while on-duty either loses his/her life, is unconscious or is injured, the employee will not be drug or alcohol tested unless the individual is able to give consent as per DOT regulations. However, FTA Regulations provide that the results of a blood, urine or breath test conducted by Federal, State, or local officials shall be considered to meet the requirements of this section, provided such test conforms to the applicable Federal, State, or local testing requirements, and that the test results are obtained by Town of Oro Valley. These test results can be used only if Town of Oro Valley was unable to perform a post-accident test within the time period required by FTA regulations. Random Testing Random drug and alcohol testing must be carried out by Town of Oro Valley at the minimum annual percentage rate required by FTA Regulations. Town of Oro Valley is currently required to randomly drug test 25% of the total number of safety sensitive employees per year. Town of Oro Valley is currently required to randomly alcohol test 10% of the total number of safety sensitive employees per year. Each safety-sensitive employee shall have an equal chance of being selected each time random tests are conducted regardless of whether the Revised November 5, 2008 8 employee was previously randomly selected. Town of Oro Valley utilizes a scientifically valid, computer based random number generator in selecting safety-sensitive employees for random drug and alcohol tests. There is no discretion on the part of management or operations in the selection and notification of individuals for testing. Random tests will be unannounced and immediate. Testing of randomly-selected covered employees shall be unpredictable. The testing will start in January and be spread reasonably throughout the calendar year and may be conducted on all days and hours during which the transit service is in operation. A safety-sensitive employee shall be randomly tested for alcohol misuse while the employee is performing safety-sensitive functions; just before the employee is to perform safety-sensitive functions; or just after the employee has ceased performing such functions. A safety-sensitive employee may be randomly tested for prohibited drug use anytime while on duty. Return to Duty and Follow-Up Testing Should Town of Oro Valley ever choose to return to duty a safety-sensitive employee who refused to submit to a drug test, or who had a verified positive drug test, if the employee is not terminated, FTA regulations require that the employee first be evaluated by a substance abuse professional to determine the necessary follow-up treatment and later, if the employee has complied with all recommendations of the substance abuse professional. With the recommendation of the substance abuse professional, the employee must take a return to duty drug test with a verified negative result as well as an alcohol test if recommended by the substance abuse professional. The employee will also be subject to unannounced follow-up drug and alcohol tests as recommended by the substance abuse professional for up to sixty months after returning to duty. FTA regulations require that at a minimum, the employee must pass six follow-up tests within the first 12 months back performing safety-sensitive duties. Should Town of Oro Valley choose to return to duty a safety-sensitive employee who failed to comply with FTA alcohol misuse regulations, the employee must first be evaluated by a substance abuse professional to determine the necessary follow-up treatment and later, if the employee has complied with all recommendations of the substance abuse professional. With the recommendation of the substance abuse professional, the employee must also take a return to duty alcohol test with a result indicating an alcohol concentration of less than 0.02. The substance professional may also recommend that the employee be subject to a return to duty drug test. FTA regulations require that the employee must pass a minimum of six follow-up tests within the first 12 months back performing safety-sensitive duties. The employee will also be subject to unannounced follow-up drug and alcohol tests as recommended by the substance abuse professional for up to sixty months after returning to duty. Follow-up testing is carried out in addition to the random testing required of all safety-sensitive employees. Retesting of Employees Whose Alcohol Test Concentration is at Least 0.02, but less than 0.04 Town of Oro Valley must not permit a safety-sensitive employee who has been alcohol tested and found to have an alcohol concentration of at least 0.02 but less than 0.04 to perform any safety-sensitive function until (1) the employee is alcohol retested with a concentration of less than 0.02, or until (2) the employee's next regularly scheduled duty period if it begins at least eight hours following the test. Refusal to take a FTA Required Drug or Alcohol Test It is a condition of employment with Town of Oro Valley that safety-sensitive employees submit to drug or alcohol tests required by FTA Regulations. This means that Town of Oro Valley will terminate any safety-sensitive employee who knowingly refuses a reasonable order to take a required drug or alcohol test. Under FTA Regulations, any employee who refuses to submit to a FTA-required drug or alcohol test must be immediately removed from safety-sensitive duties. A refusal by an employee to submit to a FTA-required drug test must be treated by Town of Oro Valley as a verified positive result. Revised November 5, 2008 9 The types of behavior that will be considered a refusal to take a required FTA drug test include: 1. Intentionally refusing to comply with a direct order to take a test; 2. Failure to appear for any test (except a pre-employment test) within a reasonable time, after being directed to do so. 3. Failure to remain at the testing site until the testing process is complete; Provided, That an employee who leaves the testing site before the testing process commences for a pre-employment test is not deemed to have refused to test. 4. Failure to provide a urine specimen for a drug test; provided, that an employee who does not provide a urine specimen because he or she has left the testing site before the testing process commences for a pre-employment test is not deemed to have refused to test. 5. In the case of a directly observed or monitored collection in a drug test, failure to permit the observation or monitoring of your provision of a specimen. 6. Failure to provide a sufficient amount of urine when directed, and it has been determined, through a required medical evaluation, that there was no adequate medical explanation for the failure. 7. Failure or refusal to take an additional drug test Town of Oro Valley or the collector has directed you to take. 8. Failure to undergo a medical examination or evaluation, as directed by the MRO as part of the verification process, or as directed by Town of Oro Valley. In the case of a pre-employment drug test, the employee is deemed to have refused to test on this basis only if the pre-employment test is conducted following a contingent offer of employment. 9. Failure to cooperate with any part of the testing process (e.g., refuse to empty pockets when so directed by the collector; behave in a confrontational way that disrupts the collection process, fail to wash hands after being directed to do so by the collector). 10. If the MRO reports that you have a verified adulterated or substituted test result, you have refused to take a drug test. 11. Failure to follow the observer's instructions during an observed collection including instructions to raise your clothing above the waist, lower clothing and underpants, and to turn around to permit the observer to determine if you have any type of prosthetic or other device that could be used to interfere with the collection process. 12. Possess or wear a prosthetic or other device that could be used to interfere with the collection process. 13. Admit to the collector or MRO that you adulterated or substituted the specimen. The types of behavior that will be considered a refusal to take a FTA required alcohol test include: 1. Intentionally refusing to comply with a direct order to take a test. 2. Failure to appear for any test within a reasonable time after being directed to do so. 3. Failure to remain at the testing site until the testing process is complete. 4. Failure to provide an adequate amount of saliva or breath for any alcohol test required. 5. Failure to provide a sufficient breath specimen and the physician has determined, through a required medical evaluation, that there was no adequate medical explanation for the failure. 6. Failure to undergo a medical examination or evaluation, as directed by Town of Oro Valley as part of an insufficient breath procedures medical evaluation. 7. Failure to sign the certification at Step 2 of the Alcohol Testing Form. 8. Failure to cooperate with any part of the testing process As an employee, when you refuse to take a non-DOT test or sign a non-DOT form, you have not refused to take a DOT test. There are no consequences under DOT agency regulations for refusing to take a non-DOT test required by the Town's Personnel Policies and Procedures Manual. However, intentionally refusing to sign non-DOT drug/alcohol forms, without good and sufficient reason, provided by the collection facility is considered to be a refusal under the current this policy. Revised November 5, 2008 10 Methods of Testing and of Safeguarding the Validity of Tests All testing for the presence of illegal drugs or alcohol misuse, will protect the employee and the integrity of the drug and alcohol testing process, safeguard the validity of the test results, and ensure the test results are attributed to the correct covered employee. This will be accomplished by conducting all drug and alcohol testing in accordance with the procedures set forth in 49 CFR Parts 40 as amended and 655 as amended. Specimen validity testing will be conducted on all urine specimens provided for testing under DOT authority. Specimen validity testing is the evaluation of the specimen to determine if it is consistent with normal human urine. The purpose of validity testing is to determine whether certain adulterants or foreign substances were added to the urine, if the urine was diluted, or if the specimen was substituted. Drug Testing: An employee will be directed to a designated collection, facility where a urine specimen will be collected in a confidential, sanitary and secure method. The specimen will be split into two samples in the presence of the donor employee. The two samples will be appropriately labeled, sealed, stored and then transported to a federally certified laboratory for scientific analysis of one of the samples. FTA regulations require that Town of Oro Valley utilize only laboratories certified under the DHHS "Mandatory Guidelines for Federal Workplace Drug Testing Programs" 53FR 11970, April 11, 1988 and subsequent amendments thereto. Town of Oro Valley currently utilizes MedTox Laboratories, Inc. (Laboratory Account Number: 23240) 402 W. Country Rd. D, St. Paul, Mn 55112, a DHHS certified laboratory. An appropriate chain of custody will be maintained to assure that the two samples are not tampered with, altered or misidentified. This will assure that no confusion will arise over whether the ultimate test results are accurate and are the true test results of the donor employee. Collection and forwarding procedures of the collection facility and testing procedures of the certified laboratory must be in compliance with Department of Transportation Drug and Alcohol Testing Procedures, 49 CFR Part 40, as amended: Procedures For Transportation Workplace Drug and Alcohol Testing Programs. The laboratory will analyze one of the samples. If the initial test is positive, the laboratory must confirm it with a different chemical analysis of the same sample. If the confirmatory test of the same sample is positive, the laboratory will report it to the Town of Oro Valley certified Medical Review Officer ("MRO") who is a licensed physician. Prior to verifying the test as positive, the MRO will contact the employee, if possible, to discuss the test results. Pursuant to DOT Regulations, Town of Oro Valley will treat a positive dilute drug test as a positive drug test result. Town of Oro Valley will treat a negative dilute drug test as a negative drug test result. A test reported as a dilute negative will be treated as a negative test by Town of Oro Valley unless the MRO directs that the employee be retested under direct observation because the creatine concentration of the specimen was equal to or greater than 2 mg/dl, but less than or equal to 5 mg/dl. If the MRO verifies the test as positive, the employee will have 72 hours after being notified by the MRO of the verified positive result to contact the MRO and request that the untested split specimen be tested at a different federally certified laboratory. If this request is made by the employee and the split sample is unavailable or inadequate for testing the employee will be required to go to the collection site for another specimen collection under a direct observation protocol immediately after being directed by Town of Oro Valley. Employees do not have access to a test of their split specimen following an invalid result. Revised November 5, 2008 11 Observed Collections are required in the following circumstances: 1. Anytime the employee is directed to provide another specimen because the temperature on the original specimen was out of the accepted temperature range of 90 degrees F— 100 degrees F. 2. Anytime the employee is directed to provide another specimen because the original specimen appeared to have been tampered with. 3. Anytime a collector observes materials brought to the collection site or the employee's conduct clearly indicates an attempt to tamper with a specimen. 4. Anytime the employee is directed to provide another specimen because the laboratory reported to the MRO that there was not an adequate medical explanation for the result. 5. Anytime the employee is directed to provide another specimen because the MRO determined that the original specimen was positive, adulterated or substituted, but had to be cancelled because the test of the split specimen could not be performed. 6. All Return to Duty Tests. 7. All Follow-up Tests. Alcohol Testing: A breath specimen will be collected through the use of an evidential breath-testing device ("EBT"). The device must be able to either print confirmation tests in triplicate, or three consecutive identical copies. It must also print a unique and sequential number of each completed test and print the number on each copy of the result. The EBT serial number and time of the test must also be printed. A certified Breath Alcohol Technician ("BAT") who is appropriately trained and can demonstrate competence in the use of the EBT must perform the breath test. Town of Oro Valley will contract with a licensed collection facility to conduct breath alcohol tests with certified and trained facility personnel who are qualified Breath Alcohol Technicians. Testing will be conducted in a confidential setting either at the collection facility or by a mobile collection vehicle operated by the medical facility. Upon arrival for testing, the Town of Oro Valley employee must provide positive identification to the BAT. The testing procedures will be explained by the BAT and the Town of Oro Valley employee will be required to sign an alcohol testing form prior to testing. The Town of Oro Valley employee will receive a copy of the form at the end of the collection procedure. The BAT will attach a disposable mouthpiece to the EBT in front of the employee. The employee will then blow forcefully into the mouthpiece for at least six seconds. The BAT must then show the employee the results displayed on the EBT or the printed results. If the result is an alcohol concentration of less than 0.02, no further testing is required and the test will be reported as negative. If the result is 0.02 or greater, a confirmation test must be performed. This test must be conducted at lest 15 minutes, but not more than 30 minutes, after the completion of the initial test. The BAT will conduct an air blank test on the EBT prior to the confirmation test. The confirmation test will be conducted using the same procedures as the initial test. A new mouthpiece will be used. The confirmation test result will be the final result. If the result displayed on the EBT is not the same as that on the printed form, the test will be cancelled and the EBT will be removed from service. The BAT will sign and date the results form. The employee will sign and date the certification statement that includes a notice that the employee cannot perform safety-sensitive duties or operate a motor vehicle if the result is 0.02 or greater. Revised November 5, 2008 12 The BAT will notify Town of Oro Valley of the results in a confidential manner. Alcohol test results will not be considered valid if testing procedures are not properly followed. All testing must be accomplished in accordance with the Department of Transportation Drug and Alcohol Testing Procedures, 49 CFR Part 40, as amended. Record Keeping Requirements Employee drug and alcohol test results are strictly confidential. The MRO, the laboratory and the Human Resource Department are the sole custodians of all original paperwork and records pertaining to the test results. Employee test records must be maintained in confidence as provided in FTA Regulations. Substance abuse testing information is kept in a locked confidential file, separate from the employee's general personnel file. Town of Oro Valley may disclose information related to a positive drug/alcohol test of an individual to the individual or the decision maker in a lawsuit, grievance, or other proceeding initiated by or on behalf of the individual and arising from a certified positive test. Employee test results will not be released to anyone else without the written consent of the tested party, except as required by law. All requests for test records must be submitted in writing to Human Resources. FTA-regulated employees may request copies of their own drug and alcohol records including laboratory records. 411b, Revised November 5, 2008 13 The Effects of Alcohol Misuse on Employees, Symptoms of Alcohol Abuse and Available Methods of Intervention The National Council on Alcoholism has provided these statistics indicating the following is linked to the -- abuse of alcohol: 80% of all deaths by fire, 77% of all falls, 65% of all drownings, 55% of all arrests, 50% of all traffic fatalities, 36% of all accidents involving pedestrians, 22% of all home accidents, at least 30% of all divorce and juvenile delinquency cases, up to 90% of all reported child abuse cases, between 25% and 33% of all homicides, 27,000 people die annually and thousands of death certificates show death due to causes attributable to alcohol abuse. 33% of all hospital beds filled per day involve alcohol, and 50% of emergency room visits per day involve alcohol. Alcoholism has been listed as our Nation's third leading cause of death, trailing only heart disease and cancer. In 1981, the National Institute of Alcohol Abuse and Alcoholism reported to Congress that alcohol is a factor in 10% of all deaths in this country. Experts in alcohol abuse prevention have provided the following signs and symptoms of an employee with an alcohol-related problem. One must be fully aware, however, that the symptoms described below may very well be related to personal problems unrelated to alcohol abuse. Performance A. Attendance • Absences after paydays • Monday and/or Friday absences • Leaving work early • Longer lunch/break periods • Unexplained absences from work • Tardiness • Increased absences from work with a variety of explanations B. Reliability • Inclination to put things off • Repeated unmet promises • Missed deadlines • Frequently needing more time than previously to do work C. Productivity • Lowered overall productivity which may be accompanied by periods of high productivity • May show no productivity problems for a long period, but continued attendance problems D. Quality • Lowered with decrease in attention to details • Increase in error/mistakes • More time needed to achieve former level of quality Revised November 5, 2008 14 II. Behavior A. Attitudes/Habits • Aggressive behavior • Avoids supervisor/peers • Apologetic for absences/past behaviors; if pressed for improvement, may become defensive • Mood swings during work day • May sleep at work • Displays congenial behavior when confronted with performance; if pressed, may become abrupt and argumentative • Ready with an explanation for most situations B. Drinking • Tickets for DUI • Becomes intoxicated at work after arriving sober • Arrives at work under the influence • Smell of alcohol on breath • Mood swings after lunch/breaks • Frequent use of breath purifiers III. Appearance • Changes in appearance may or may not be noticed. The one change that does become apparent with alcohol or drug abuse is the appearance of being tired a great deal of the time. • Women: May begin to pay less attention to make-up and hair than before. • Men: May show up to work without shaving and begin to slack off on having hair cut as regularly. • Attention to personal grooming and hygiene may or may not change. Safety-sensitive employees with an alcohol problem should seek assistance from the Employee Assistance Program (EAP). A leave of absence should also be strongly considered. No employee will be disciplined if he/she seeks a leave of absence prior to violating any provision of this Policy, any FTA Regulation, or prior to being notified of any required drug or alcohol test. An employee who has good reason to suspect that a coworker has a serious alcohol problem should strongly consider approaching that employee and suggesting that he/she either seek a leave of absence or seek help through the EAP. (See Attachment 1 for Name, Address and telephone number.) Prior to approaching a coworker about an alcohol abuse problem, you may first want to consider seeking help from a supervisor, a management representative, or EAP. If a Town of Oro Valley employee reasonably believes that a coworker or a supervisor, while on duty is under the influence of alcohol, is drinking on the job or is in violation of any other FTA alcohol regulation, the employee should immediately report this to management for appropriate action. As difficult as it may be to report a fellow employee, the safety of the public and the safety of all Town of Oro Valley employees must be the primary objective of everyone. Revised November 5, 2008 15 Employee Education and Training Program FTA requires a minimum of one hour of drug training for covered employees. Training includes indicators and effects of drug use. Town of Oro Valley supervisors and managers who may make reasonable suspicion determinations will receive at least 60 minutes of training on recognizing the physical, behavioral, and performance indicators of probable drug abuse. Supervisors and managers will also receive at least 60 minutes of training to recognize the symptoms of alcohol misuse. Conclusion All safety-sensitive employees are required to comply with this Policy. Compliance with FTA Drug and Alcohol Misuse Regulations, and Town of Oro Valley policy regarding drug use and alcohol misuse is a condition of employment. Should you have any questions or concerns regarding your obligations as a safety-sensitive employee, or if you desire to review FTA Regulations on drug abuse and alcohol misuse, do not hesitate to speak to the Drug and Alcohol Program Manager(DAPM) (see Attachment 1). References Availability of the following materials; Hardcopies of: Federal Transit Administration (FTA) Drug-Free Workplace Act 1988 DOT 49 CFR Part 40— Procedures for Transportation Workplace Drug Testing Programs FTA Part 655—Prevention of Alcohol Misuse and Prohibited Drug Use in Transit Operations are available from the Town of Oro Valley Human Resource Department as well as in the Town of Oro Valley Transit Division Driver's Room. The following website links may also be use to access the materials; Federal Transit Administration (FTA) Drug-Free Workplace Act 1988 WEBSITE: http://uscode.house.gov/download/pls/41C10.txt DOT 49 CFR Part 40— Procedures for Transportation Workplace Drug Testing Programs WEBS ITE: http://www.dot.gov/ost/dapc/NEW_DOCS/Part40_complete_20041109_A.pdf FTA Part 655—Prevention of Alcohol Misuse and Prohibited Drug Use in Transit Operations WEBSITE: http://www.access.gpo.gov/nara/cfr/waisidx_03/49cfr655_03.html Attachment 1 Revised November 5, 2008 16 TOWN DESIGNATED SERVICE PROVIDERS FOR DRUG AND ALCOHOL TESTING CONDUCTED UNDER THE TERMS OF THIS POLICY 1. Town Drug and Alcohol Testing Program Contact For all questions concerning the Town's policy or implementation of the Town's drug and alcohol testing program, employees shall contact the individual(s) named below: Name: Sandra Abbey (Drug and Alcohol Program Manager) Title: Human Resource Director Phone: (520) 229-4750 Name: Carol Willet Title: Human Resource Analyst (Drug Employee Representative) Phone: (520) 229-4751 Name: Aimee Ramsey (Drug Employee Representative) Title: Transit Services Administrator Phone: (520) 229-4980 Address: 11000 N. La Canada Drive Oro Valley, AZ 85737 2. Drug Testing Laboratory The following DHHS-certified laboratory has been designated by the Town to conduct the analysis of all urine specimens tested under the terms of this Policy. Name: MedTox Laboratories, Inc. (Laboratory Account Number: 23240) Address: 402 W. Country Rd. D St. Paul, MN 55112 111. 3. Medical Review Officer The following physician(s) has been designated by the Town to perform Medical Review Officer (MRO) functions for all drug tests conducted under the terms of this Policy. Name: First Advantage Corporation (include the physician's name it should be on the custody and control form) Address: 500 N. 19th Street Milwaukee, WI 53233 Phone: 1-800-247-7264, ext 535 (contact Client Services) 4. Substance Abuse Professional Substance Abuse Professional (SAP) services, including information, referral, assessment, and evaluation, are available from the following company-designated individuals and/or organizations: Name: Referred on a case by case basis by First Advantage Corporation Address: Phone: 4100 Revised November 5, 2008 17 Appendices Forms utilized in the administration of the Town of Oro Valley's Transit Services Division Drug and Alcohol Policy APPENDIX FORM A List of Covered Employees B Authorization for the Release of Information Form C Drug and Alcohol Testing Notification Form D Post-Accident Substance Abuse Testing Decision Maker Form E Supervisor's Report of Reasonable Suspicion Form F Approved Specimen Collection Sites G Procedures for Transportation Workplace Drug and Alcohol Testing Programs H Certification of Completion of Drug and Alcohol Awareness Program Form Verification of Participation in Alcohol/Controlled Substance Testing Program J Employee Random Drug Testing Consent Form Revised November 5, 2008 18 Appendix A Covered Positions by Job Title Coyote Run Full-time Driver Coyote Run Part-time Driver Coyote Run Relief Driver Coyote Run Lead Driver Coyote Run Full-time Dispatcher Coyote Run Part-time Dispatcher Coyote Run Transit Services Administrator Revised November 5, 2008 19 Appendix B AUTHORIZATION FOR THE RELEASE OF INFORMATION Prior Employer: Driver: Address: Date of Birth: Soc. Sec. No.: In accordance with 49 CFR Part 40, as amended, you are hereby authorized and requested to release to (Employer) at (Address) any and all information in your possession concerning my participation in a drug and alcohol testing program under 49 CFR Part 40, as amended. I specifically authorized you to release information on any alcohol tests with concentration results of 0.04 or greater, positive controlled substance test results and/or refusals to be tested within two years preceding the date of this request. This authorization also permits the disclosure of any drug or alcohol test results and/or refusal to be tested under 49 CFR Part 40, as amended, including records of any of the above information that have been received by the employer from any other sources, including records from other employers. I further authorize and request you to release any information in your possession concerning my evaluation by a substance abuse professional, the identity of that substance abuse professional, my participation in any treatment or rehabilitation recommended by the substance abuse professional and the results of any return-to-duty or follow-up drug and/or alcohol test within the two years preceding this request. I also authorize any substance abuse professional identified herein to release any of the above information to the above-listed employer. A photocopy of this release shall be valid as the original. This authorization shall be valid for one year from the date of signing hereof. Date: Driver Signature: To Be Completed By Prior Employer SUBSTANCE ABUSE TEST RESULTS: Driver has never tested positive in or refused to submit to a drug/alcohol test: Controlled Substance: positive. Date: Alcohol: alcohol concentration>0.04. Date: Refusal to be tested: Date: SUBSTANCE ABUSE EVALUATION: Substance Abuse Professional: Address: Date of evaluation: Recommendation: Return-to-duty evaluation: yes no Date: SAP determination: compliance non-compliance Return-to-duty test results: negative positive Follow-up testing program: Revised November 5, 2008 20 Appendix C TOWN OF ORO VALLEY Department of Public Works - Transit Services Division Drug and Alcohol TestingNotification Form �r Name: Date: Time Employee Departed for Collection: From: Aimee Ramsey, Transit Services Administrator Subject to the Town of Oro Valley receiving Federal Transit Administration (FTA)funds, safely sensitive employees are obligated to participate in drug and alcohol testing. All testing performed in connection with this form must be in conformance with the Federal standards and guidelines. Failure to report to the designated testing facility immediately or refusal to test will be considered a positive test and will be subject to disciplinary action up to and including termination of employment. You are to report immediately to: Non-regular hours and weekends Concentra Medical Center Concentra Medical Center 2005 W. Ruthrauff Rd. 4600 S. Park Avenue Ste 5 Tucson, AZ 85705 Tucson,AZ 85714 TEST REQUESTED: (Check One) Alcohol Drug Alcohol & Drug REASON FOR TEST: (Check One) Pre-Employment Random* Post Accident Return to Duty Follow Up Reasonable Suspicion Please make sure your tests are accompanied with the "Medtox Federal Drug Testing Custody and Control Form" (Attached). *You have randomly been chosen by a third party contractor. Medical Collection Site Personnel: Please indicate the date and time the above employee arrived for testing at your site. Date: Time: Facility Representative: NOTE:Always TEST FOR ALCOHOL FIRST before drugs. Medical Collection Site Personnel: Please send or FAX a completed copy of this form within one day of conducting the above test to: Aimee Ramsey, Transit Services Administrator Town of Oro Valley, Public Works - Transit Services Division 11000 N La Canada, Oro Valley, AZ 85737 ,,, (520) 229-4980 (520) 229-5049 FAX Send copy of test verification results from MRO ASAP to Human Resource Director or designee. Revised November 5, 2008 21 Appendix D Town of Oro Valley's Transit Services Division Post Accident Substance Abuse Testing Decision Maker Form The Town of Oro Valley's Transit System, Transit Services Division performs post-accident substance abuse testing under FTA Regulations. Any safety sensitive employee operating a transit vehicle at the time of an accident may be required to submit to tests for alcohol and prohibited drugs as soon as practicable following the accident. This form will aid you in making the proper testing determination. Date of Accident Time of Accident Supervisor's/ Employee's Name Dispatcher's Name FTA REGULATIONS (Drug and Alcohol Test) Was there a fatality? Yes No If yes—Post Accident Test Required. If the accident was non-fatal, and involved any transit vehicle (bus, van or auto) make the following determinations: Has any individual suffered a bodily injury and immediately received medical treatment away from 1 the scene of the accident? Yes No Was there disabling damage as a result of the occurrence and was any vehicle involved 2. transported away from the scene by tow truck or other vehicle? Yes No If yes is checked for question 1 and/or 2 a post accident test is required unless you determine, using the best information available at the time of the decision that the employee's performance can be completely discounted as a contributing factor to the accident. Check Applicable Forms Included if tested. FTA Test(DOT Chain of Custody Form) Drug and Alcohol Authorization Form If a test is indicated in both the FTA test will be given. Inform the employee which test is being given. If you decide not to test at all because you believe that the employee's performance can be completely discounted as a reason for the accident, please document below in full why you believe it can be completely discounted and no test should be given. (Use the back of the form if necessary.) * If a required alcohol test is not administered within two (2) hours following the accident, the supervisor shall record reasons the test was not promptly administered below. * If a required alcohol test is not administered within eight(8)hours following the accident, the supervisor shall cease attempts to administer the test and shall record reasons the test was not promptly administered below. * If a required controlled substance test is not submitted within thirty-two(32) hours following the accident, the supervisor shall cease attempts to administer the test and record reasons below. Reasons: Supervisor's/Dispatcher's Signature Date cc: Clinic, Transit Services Administrator, and Human Resources Revised: Aug-08 Revised November 5, 2008 22 Appendix E Town of Oro Valley Public Works Transit Services Division Reasonable Suspicion Supervisor's Report OBSERVED PERSONAL BEHAVIOR (CHECK ALL APPROPRIATE ITEMS) 1100 BREATH: ❑ Strong ❑ Faint ❑ Moderate (Odor of alcoholic beverage) ❑ None ❑ Bloodshot ❑ Glassy ❑ Normal EYES: ❑ Clear ❑ Heavy Eyelids ❑ Fixed Pupils El Dilated Pupils ❑ Watery ❑ Confused El S• tuttered ❑ Thick Tongued SPEECH: ❑ Accent ❑ Mumbled ❑ Fair El S I rred ❑ Good ❑ Mush Mouthed ❑ Not Understandable ❑ Cotton Mouthed ❑ Other. ❑ Excited ❑ C• ombative ❑ Hilarious ❑ Indifferent ❑ Talkative ❑ Insulting ATTITUDE: ❑ Care Free ❑ Cocky ❑ Sleepy ❑ Cooperative ❑ Profane ❑ Polite ❑ Other ❑ Hiccoughing ❑ Belching ❑ Vomiting UNUSUAL ACTION: ❑ Fighting ❑ Crying ❑ Laughing ❑ Other BALANCE: ❑ Falling ❑ Need Support El Wobbling ❑ Swaying ❑ Other WALKING: ❑ Falling ❑ S• taggering ❑ Stumbling ❑ Swaying ❑ Other TURNING: ❑ Falling ❑ Swaggering ❑ Stumbling ❑ Swaying ❑ Hesitant ❑ Other Indicate any other unusual actions, statements or observations: 11, Signs or complaints of illness or injury: Safety-sensitive function: ❑ Yes Describe: ❑ No DISPATCHER'S/SUPERVISOR'S OPINION Apparent effects of alcohol/drug use: ❑ None ❑ Slight ❑ Obvious ❑ Extreme Additional Comments: Supervisor(Print) Supervisor Signature Date/Time Witness(Print) - optional Witness Signature Date/Time Revised November 5, 2008 23 Appendix F APPROVED SPECIMEN COLLECTION SITES The facilities listed below are all authorized to conduct urine specimen collection in accordance with 49 CFR Part 40, as amended for the purpose of any controlled substance test required by the Town: Name: Concentra—Tucson, AZ Address: 2005 W. Ruthrauff, Suite 111 Tucson, AZ 85705 Phone: (520) 293-7250 Contact: Monique Arndt Name: Concentra—Tucson, AZ Address: 4600 S. Park Avenue Ste. 5 Tucson, AZ 85714 Phone: (520 889-9574 Contact: Name: Address: Phone: Contact: Name: Address: Phone: Contact: Name: Address: Phone: Contact: 1111. Revised November 5, 2008 24 Appendix G DEPARTMENT OF TRANSPORTATION "` PROCEDURES FOR TRANSPORTATION WORKPLACE DRUG AND ALCOHOL TESTING PROGRAMS The regulations governing the procedures for testing programs are set forth in 49 CFR Part 40, as amended. Copies of the Federal regulations are available for inspection in the Town's Human Resources Office Revised November 5, 2008 25 Appendix H Town of Oro Valley Transit Services Division Employee Receipt of Policy Name Title Date Attached is a copy of the Town of Oro Valley's Department of Public Works — Transit Services Division — Prevention of Alcohol Misuse and Prohibited Drug Use Policy, dated . Your signature below certifies that you have received a copy of the policy and that it is your responsibility to read and abide by the Policy. Please sign and return this form to Aimee Ramsey, Transit Services Administrator. Town Drug and Alcohol Testing Program Contacts are listed under appendix F should you have any questions. Employee Signature Print Date Revised November 5, 2008 26 Appendix I 1111111100 TOWN OF ORO VALLEY RANDOM DRUG AND ALCOHOL TESTING ACKNOWLEDGEMENT FORM The Town of Oro Valley is dedicated to providing a safe working environment for our employees. Our goal is to improve safety awareness and performance, in addition to creating a system of accountability for all employees who perform safety sensitive functions. Please be advised that by signing this form you agree that the Town of Oro Valley may subject you to random drug testing anytime throughout your employment. This testing shall be done anytime you are on duty and you may be selected from a pool or consortium of FTA-mandated, safety-sensitive employees. Selection shall be made through a computerized, scientifically valid, mathematical process used to select individuals for testing. In addition to drug testing, a percentage of names selected for controlled substance testing shall also be tested for alcohol in accordance with FTA Alcohol& Drug Testing Regulations. If selected, your name shall be placed back into the random pool each time and you shall again be subject to selection and testing. You have an equal chance of selection each time a new random list is generated. You shall reasonably expect to be contacted for a random drug/alcohol test on any day/time during the Transit Services Division's hours of operation. If you are selected, you shall be notified by your supervisor and you must report immediately to the nearest Town designated facility for testing. You shall not receive advanced notification of your selection. You may be randomly tested while you are performing safety-sensitive functions, just before you perform safety sensitive functions, or just after you have ceased performing safety sensitive functions. A refusal to test or failure to show up at the testing site shall be considered a positive test result and shall result in discipline up to and including termination of employment. Refusal to sign this form may result in termination of your employment with the Town of Oro Valley. By signing this form I agree that I have read and understand the above guidelines. I acknowledge I may be randomly selected for drug and/or alcohol tested by the Town of Oro Valley. Employee Signature Date 411. Revised November 5, 2008 27 Attachment 3 New DOT Urine Specimen Collection Guidelines—Effective August 25,2008 As you know,the DOT revised 49 CFR Part 40 in a Federal Register published June 25,2008. The part 40 amendments are effective August 25,2008. Some urine collection procedures were changed make it more difficult to beat the DOT drug tests. The DOT Urine Specimen Collection Guidelines have been updated to reflect changes to the collection process. The new Guidelines— which are also effective August 25,2008—are now available on our website at: www.dot.gov/ost/dapc/udsc.html. The Department changed the observed collection procedures because there is ample evidence suggesting that more and more devices are available in the market place designed to tamper with specimens(for example,devices expressly designed to bring"clean"urine into collections so specimens would test negative). Many of these were designed to be undetected even if specimens were observed using the old procedures. There are three basic types of devices. [Of course,there could be other devices,but these are currently the basic three devices]: 1. One device has a long plastic tube connected to a bottle containing heated urine. 2. Another device consists of a short plastic tube attached to a battery-heated plastic bag. 3. One device goes a step further by replacing the tube with very realistic prosthetic genitalia designed to match the employee's skin tone. The new direct observation procedures require the observer to check for these devices when an employee is subject to an observed collection. These new procedures are for those employees and situations for which observed collections are already required,or in the case of#5 below,was an employer's option. 1.Employees with dilute specimens with creatinine in the 2-5 range. 2.Employees with invalid test results with no valid medical explanation. 3. Employees who tested positive,adulterated,or substituted&their split specimens were not available for testing [splits not collected;missing or destroyed in transit]. 4.Employees who submit out-of-temperature range specimens or tampered-with specimens at collection sites. 5. Employees with prior positives and refusals. Return-to Duty&Follow-Up drug testing under direct observation goes from employer option under the old rules to required under the new amendment. The Guidelines state that employees having observed collections must be instructed to raise clothing,just above the navel; lower clothing,to mid-thigh;then turn around to show the same gender observers they do not have prosthetic devices for beating the tests. If no device is detected,the employee is permitted to return clothing to its proper observed collection position. Then the observed collection will take place. The following refusals to test are also noted in the Guidelines: 1.An employee admits to the collector that he or she adulterated or substituted their specimen. 2.The employee behaves in a confrontational way that disrupts the collection process. 3.The employee fails to follow the observer's instructions to raise and lower their clothing and to turn around to permit the observer to determine if the employee has a prosthetic or other device that could be used to interfere with the collection process. 4.The employee possesses or wears a prosthetic or other device that could be used to interfere with the collection process. 5.The employee refuses to wash his or her hands—after being directed to do so. Part 40 and the observed collection procedures,as always,apply to DOT-regulated testing. Jim L. Swart Acting Director Office of Drug and Alcohol Policy and Compliance U.S. Department of Transportation TOWN OF ORO VALLEY STAFF REPORT TO THE TOWN COUNCIL MEETING DATE: November 5, 2008 TO: HONORABLE MAYOR AND COUNCIL FROM: Sarah S. More, FAICP, Planning Director SUBJECT: RESOLUTION (R) 08- 74, OV7-08-03,A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, DECLARING THAT CERTAIN DOCUMENT ENTITLED "THE TOWN OF ORO VALLEY ASSURANCES CODE", SECTION 26.6 ORO VALLEY TOWN CODE REVISED A PUBLIC RECORD SUMMARY: This project entails zoning code amendments to supplement assurance requirements associated with development. Revisions to Section 26.6, "Assurances" of the Oro Valley Zoning Code arero osed. p p The zoning code currently includes requirements for commercial development to provide assurances for . completion of construction, site stabilization, landscaping, water service, and other required improvements. The proposed amendments would, if approved, supplement and add new requirements to better insure appropriate ro riate measures are taken to insure components of a project are completed. A draft can be viewed at www.orovalleyaz.gov/PZ/index.htm The attached resolution is to establish the proposed revisions as a matter of public record. The amendments will kilow e considered at public hearing on December 3, 2008. SUGGESTED MOTIONS: I move to (adopt, deny, continue) Resolution (R) 08- 74 , declaring that certain document entitled "the Town of Oro Valley Assurances code", Section 26.6 Oro Valley Zoning Code Revised, attached hereto as Exhibit "A" and filed with the Town Clerk, a public record. Attachments: Resolution (R) 08- 74 Exhibit A Project Manager: Bayer Vella, Principal Planner, AICP Pa ,---A I-A .411L. 4411FACA&A, 'lanning Director 1 if. Je6, 1,‘„ 0 tant Town Manager 4/1-it&11,A€4.4- (Illw Town Manager F:\OV\OV7\2008\7-08-03\TC.PUBLIC RECORD RPT.doc RESOLUTION NO. (R) 08- 7 4 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, DECLARING THAT CERTAIN DOCUMENT ENTITLED "THE TOWN OF ORO VALLEY ASSURANCES CODE", SECTION 26.6 ORO VALLEY ZONING CODE REVISED, ATTACHED HERETO AS EXHIBIT "A" AND FILED WITH THE TOWN CLERK, A PUBLIC RECORD BE IT RESOLVED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, that certain document called "The Town of Oro Valley Assurances Code, Section 26.6 Oro Valley Zoning Code Revised", three copies of which are on file in the office of the Town Clerk, is hereby declared to be a public record, and said copies are ordered to remain on file with the Town Clerk. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona this 5th day of November , 2008. TOWN OF ORO VALLEY Paul H. Loomis, Mayor ATTEST: Kathryn E. Cuvelier, Town Clerk Date: APPROVED AS TO FORM: Tobin Rosen, Town Attorney Date: (111, F:\OV\OV7\2008\7-08-03\Resolution public record assurances(2).doc Town of Oro Valley Attorney's Office/arm/91008 Exhibit "A Cor fitio F:U'lanning&Zoning\Zoning Codes\Assurances\Resolution public record assurances.doc Town of Oro Valley Attorney's Office/arm/91008 The Town of OValley Assurances Code Section 26.6 Oro Valley Zoning Revised F:\Planning&Zoning\Zoning Codes\Assurances\Resolution public record assurances.doe Town of Oro Valley Attorney's Office/arm/91008 Section 26.6 Assurances Purpose: To provide procedures for approving and posting the assurances for the completion of subdivision/development improvements in accordance with Arizona Revised Statutes, Section 9- 463.01 (C) (8). A. Assurances for Construction 1. These assurances guarantee the construction of required onsite and offsite street, water, sewer, utilities, drainage, flood control measures, the hardscape for recreation facilities and landscaping, and all other required improvements. They may also be used to stabilize soil and replace vegetation on sites where development has been abandoned, in accordance with Section 26.6.J.1. 2. For all developments where there is a subdivision, minor subdivision or other division of property that requires improvements, the property owner, subdivider or developer shall provide the required assurances as specified in OVZCR Section 26.6.F.1. As a substitute for all or a portion of the assurance, the Planning and Zoning Director or the Town Engineer or their designee may approve an assurance as specified in Section 26.6.F. 3. For all developments where division of land is not involved, assurances shall be provided for public offsite and onsite improvements and for such private improvements as are necessary for the operation of the development as deemed appropriate by the Planning and Zoning Director and Town Engineer. These assurances shall be provided in one of the forms specified in Section 26.6.F. 4. For projects constructed in phases, the developer shall provide cost estimates itemized separately for each phase of construction to facilitate the release of assurances upon the completion of individual phases. 5. Phased construction shall include assurances that provide for the installation of public safety-related improvements including drainage, traffic movement and other services appropriate to each phase as determined by the Town Engineer and Planning and Zoning Director. B. Assurances for Site Stabilization For sites that require stabilization in accordance with Section 27.9, the property owner or their agent shall post assurances in one of the types specified in Sections 26.6.F to guarantee, in the event the project is abandoned, the property can be stabilized, through, the removal of all construction material and the stabilization of soil on the site. Acceptable forms of soil stabilization include, but are not limited to inorganic ground cover, hydroseeding and revegetation, as determined by the Town Engineer and the Planning and Zoning Director. Other methods may be approved by the Town Engineer and Planning and Zoning Director if they are equally effective. These stabilization assurances shall be in an amount sufficient to stabilize the property from its development-altered condition. The assurances for landscape may be used to satisfy the landscape installation portion of the stabilization requirements. October 1, 2008 1 C. Assurances for Landscape The property owner, or their agent shall post assurances as specified in Section 26.6.F to assure the installation of all landscape improvements, and recreation areas where required, in accordance with the approved final landscape and irrigation plans. These assurances may be used to complete the required landscape improvements and/or recreation areas or may be used to stabilize the site in the event the approved development is abandoned. D. Assurances for Water Service 1. Assurances for water infrastructure are required and are included with construction assurances as specified in Section 26.6.A. 2. Water service to any individual lot or any lot within a development or subdivision will be contingent upon the completion of all required water infrastructure along with the receipt of all required meter fees by the Utility. The only exception is prior to the completion of all required water infrastructure but after Approval of Construction from the Pima County Department of Environmental Quality, the property owner or their agent may receive meters for ten percent of the lots, not to exceed 6 lots, for the purpose of model home construction. E. Assurances for Other Improvements To assure the completion of other required improvements, the Town may require additional assurances in the forms as specified in Sections 26.6.F. These assurances are typically utilized to allow development to proceed when other required obligations have not been met on time. F. Amount and Type of Assurances 1. Assurances for construction, site stabilization, landscaping, water infrastructure or other improvements shall be in an amount equal to 120% of the costs as estimated in accordance with this Section 26.6.F. 2. For residential subdivisions a third party trust type of assurance is required in addition to monetary assurances for site stabilization, landscape, and water infrastructure. a. Assurances shall be provided by the placement of the title to the subdivided property in trust with a third party escrow agency or trust company authorized and licensed to do business in the State of Arizona. b. This type of assurance shall include an agreement between the trustee and the Town of Oro Valley that title to any lot or parcel within the subdivision will not be transferred until the trustee receives authorization in writing from the Town. The agreement shall also include special conditions authorizing the Town of Oro Valley to abandon and re-subdivide the property should the required improvements fail to be installed in compliance with the Town of Oro Valley's specifications c. The designated escrow agency or trust company holding the property in trust may sell and convey all of the unreleased lots within the subject property or within an approved phase in one transaction to a single purchaser provided that such purchaser shall be bound by the terms of the agreement between the Town of Oro Valley, the subdivider and the designated escrow agency or trust. October 1, 2008 2 d. The assurances and deeds required pursuant to this section shall be recorded in the office of the Pima County Recorder. The changes to the third party trust due to the aforementioned sales, if they meet all of the above stipulations, will not require Town Council approval. e. Third party trusts may not be used to guarantee the improvement of required recreation areas, the installation of required landscaping, site stabilization or water infrastructure. 3. Residential subdivisions utilizing a third party trust are required to post an alternative type of assurance for public safety-related subdivision improvements including flood and traffic control as determined by the Town Engineer. 4. Alternative types for assurances can be approved by the Town Engineer and Planning and Zoning Director. Development, other than subdivisions shall use one of the following forms of assurance. a. Cash or certified check. b. Surety (performance) bonds executed by a company duly authorized and licensed to do business in the State of Arizona insuring the performance of the principal (subdivider/developer) as required by these regulations. The applicant may use the Town's template form for bonds, or may submit a different bond form provided the following items are included: name of the party being bound, development case number, forfeiture recital, corporate acknowledgements, notarized signatures, and descriptions and cost estimates of the required improvements. Applicant submitted forms are subject to Town Engineer and Planning and Zoning Director approval. c. Certificates of Deposit, United States Treasury Bills or any security guaranteed by the United States Government, State of Arizona or any political subdivision thereof acceptable to the Town. d. A deposit of money with a responsible escrow agent or trust company authorized and licensed to do business in the State of Arizona. This money may not be used or pledged by the Depositor for any purpose during the period the escrow account is in effect. e. A current letter of credit. Letters of credit shall be renewed prior to their expiration. f. Any other type of assurance, which guarantees the required improvements to the same or better degree than the above forms. This form, which may be approved by the Planning and Zoning Director, must have no expiration date and may not be released or converted to any other form without the agreement of the Town. G. Terms of Assurances All assurances shall remain in effect until release is authorized per Section 26.6.1. H. Securing and Approval of Assurances The assurances shall be submitted to, and approved by the Town as follows: October 1, 2008 3 1. Assurances for Construction shall be posted with the Town's Development Coordinator prior to recordation of the Final Plat or certification of the Development Plan. The assurances shall be listed on the Development Plan and/or Final Plat, and shall have been approved by the Town Engineer and Planning and Zoning Director. For multi-family and commercial projects that will be graded in phases, only the first phase of the assurance is required with the Development Plan or Final Plat. A general note shall be added to the Development Plan or Final Plat stating that grading permits will not be issued for subsequent phases without approved assurances. 2. Site Stabilization and Landscape assurances shall be posted, as required, prior to the issuance of a Type 2 or Type 3 grading permit or the commencement of work. 3. Other assurances as noted in Section 26.6.E will be posted as needed to allow a project to temporarily continue without all required improvements in place. 4. Changes in assurances under Section 26.6.F. due to changes in ownership shall be reviewed, and approved as appropriate, by the Planning and Zoning Director and/or the Town Engineer. 5. For private development, cost estimates for all construction, site stabilization and landscaping improvements shall be submitted for review by the Town Engineer and Planning and Zoning Director. a. Estimates shall be based on approved construction documents and shall be signed and sealed by the appropriate registrant (Engineer or Landscape Architect). b. Approved cost estimates are required prior to the acceptance of any assurances. 6. For projects involving public facilities, a cost estimate for construction only, which may include site stabilization and landscaping, shall be submitted for review by the Town Engineer and Planning and Zoning Director. a. Estimates shall be based on approved construction documents and shall be signed and sealed by the appropriate registrant (Engineer or Landscape Architect). b. Approved cost estimates are required prior to the acceptance of any assurances. 7. A contractor's itemized formal bid may be substituted for any required cost estimate. I. Releases of Assurances 1. The assurances shall be released, with the exception of assurances for water infrastructure, upon satisfactory performance and acceptance of the work as determined by the Town Engineer and/or the Planning and Zoning Director. 2. Trust assurances may be released upon completion and inspection of the required subdivision improvements. Partial releases, up to 50%, may be granted for a group of lots where the required improvements for the group of lots have been satisfactorily completed and such improvements can be used and maintained separately from the improvements required for the balance of the subdivision plat. Partial releases shall Noimow October 1, 2008 4 be administered and approved by the Town Engineer and/or the Planning and Zoning Director. 3. Reductions from monetary assurances may be made from any deposit made pursuant to this Section. Such progress payments shall be made to the assurance holder in accordance with standards established by the Town Engineer and the Planning and Zoning Director. In no case shall the assurances be reduced to an amount less than 50% of the original assurance amount until such time as the Town Engineer and Planning and Zoning Director deem the required improvements to be in full compliance, including the installation of all safety-related improvements, as determined by the Town Engineer. 4. Once a monetary assurance has been reduced, a rider or substitute monetary assurance must be in place 14 days after a release letter has been issued. 5. In order to grant partial release of assurances, sufficient, major grading, drainage, and transportation improvements as determined by the Town Engineer shall be completed. 6. Full release of assurances shall be processed once improvements have been completed and accepted by the Town Engineer and Planning and Zoning Director and the Town has completed a field inspection. Further the developer shall meet the following requirements: a. As-built plans and required certification letters have been submitted for review and have been accepted by the Town Engineer and Planning and Zoning Director. b. Submittal and approval of a close out package as defined in the approved grading permit. c. To guarantee the good condition of landscape improvements, one of the following: i. A landscape maintenance bond in the amount of ten percent (10%) of the original landscape bond amount shall remain in place for a period of one year from the complete installation of the landscape materials and any replacement materials. The type of assurance shall be as specified in Sec. 26.6.F. ii. A signed warrantee of the landscaping for a period of one year from a licensed landscape contractor with extensions as required for any replacement materials. iii. For deeded or dedicated streets, drainage ways and rights-of-way, compliance with Oro Valley Town Code Article 7-9. d. To guarantee proper function of drainage improvements, a drainage assurance in the amount of 10% of the original site stabilization assurance amount shall remain in place for a period of one year from the complete installation of drainage improvements. The type of assurance shall be as specified in Section 26.6.F. 7. Release of the water infrastructure portion of the construction assurances shall require the completion of the following: a. Completion of construction deficiencies; b. Payment of all water-related fees including inspection and testing fees; October 1, 2008 5 c. Easements for water facilities and maintenance are recorded; d. Line extension agreements are executed, if applicable; e. Compaction test results have been submitted and approved by the Water Utility; f. Post-paving continuity tests have been submitted and approved by the Water Utility. J. Forfeiture of Assurances 1. The Town may take steps to utilize the assurances, upon the occurrence of any of the following: a. In order to abate any unsafe conditions as determined by the Town Engineer, Building Official or Planning and Zoning Director. b. Failure of the owner to respond within 10 days to cure a violation once a violation notice has been issued; or, c. When, in any way, the owner or their agent fails to follow the approved plan and does not correct the situation within 60 days of notice by the Town. d. Abandonment of the project. A project will be presumed abandoned when there has been no development activity for six months as determined by the Planning and Zoning Director. 2. In the event of any of the occurrences in 26.6.J.1, the Planning and Zoning Director shall issue a notice to the property owner and obligor of the assurances of pending forfeiture of assurances. a. The owner shall respond to the Planning and Zoning Director in writing within 10 days of receipt of the notice to request a hearing with the Planning and Zoning Director, otherwise forfeiture shall occur. b. Upon a determination by the Planning and Zoning Director or his/her designee, the Town may utilize the assurances for completing the project or portions of the project, and/or for bringing the project into compliance with Town requirements. Any amount of the assurances in excess of that required by the town to stabilize the property shall be returned to the owner. losepr October 1, 2008 6 TOWN OF ORO VALLEY STAFF REPORT TO THE TOWN COUNCIL MEETING DATE: November 5, 2008 TO: HONORABLE MAYOR AND COUNCIL FROM: Sarah S. More, FAICP, Planning Director SUBJECT: RESOLUTION (R) 08- 75 , A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, DECLARING THAT CERTAIN DOCUMENT ENTITLED "THE TOWN OF ORO VALLEY ART REVIEW COMMISSION SCOPE AND DUTIES AND PUBLIC ART PROVISIONS", SECTIONS 21.8 AND 27.3 ORO VALLEY ZONING CODE REVISED A PUBLIC RECORD SUMMARY: This project entails zoning code amendments to supplement private and public artwork requirements associated with development. The proposed amendments include the following sections of Oro Valley zoning: Chapter 31, "Art" and "Artist" Definitions, Section 21.8, Art Review Commission Scope and Duties, and Section 27.3, Art Provisions. It also entails repeal of conflicting or unnecessary sections of Town Code, especially Section 6-1-5 (requirements for public sector projects and other art accepted by the Town). The zoning code already includes requirements for commercial development to allocate 1% of construction costs to art for public viewing. The proposed amendments would, if approved, supplement and add new requirements to address items such as: art definitions, applicability, installation and maintenance, standards, ling, processing, location, design, and review requirements/criteria. The aim is to also specify the scope and u ties of the Art Review Commission. Changes also include repeal of unnecessary and/or conflicting sections of Town Code. A draft can be viewed at vvww.orovalleyaz.gov/PZ/index.htm The attached resolution declares Sections 21.8 and 27.3 of the Zoning Code to be public records. These amendments, along with the additions to Chapter 31 of the Zoning Code and the repeal of Section 6-1-5 of the Town Code, will be considered at public hearing on December 3, 2008. SUGGESTED MOTION: I move to (adopt, deny, continue) Resolution(R) 08- 75 , declaring that certain document entitled "the Town of Oro Valley Art Review Commission scope and duties and public art provisions", sections 21.8 and 27.3 Oro Valley Zoning Code Revised, attached hereto as Exhibit"A", a public record. Attachments: Resolution (R) 08- 75 Exhibit A \ Project Manager: Bayer Vella, Principal Planner, AICP 40 - _ / -,44 I) • Planning Director ).//(4.1.4.A.st_—)41*, s tant Town Manager kior F:\OV\OV7\2008\7-08-05\TC.PUBLIC RECORD RPT.doc Town Manager Lor RESOLUTION NO. (R) 08— 75 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, DECLARING THAT CERTAIN DOCUMENT ENTITLED "THE TOWN OF ORO VALLEY ART REVIEW COMMISSION SCOPE AND DUTIES AND PUBLIC ART PROVISIONS, SECTIONS 21.8 AND 27.3 ORO VALLEY ZONING CODE REVISED", ATTACHED HERETO AS EXHIBIT "A" AND FILED WITH THE TOWN CLERK, A PUBLIC RECORD BE IT RESOLVED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, that certain document called "Town of Oro Valley Art Review Commission Scope and Duties and Public Art Provisions, Sections 21.8 and 27.3 Oro Valley Zoning Code Revised", three copies of which are on file in the office of the Town Clerk, is hereby declared to be a public record, and said copies are ordered to remain on file with the Town Clerk. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona this day of , 2008. TOWN OF ORO VALLEY Paul H. Loomis, Mayor ATTEST: Kathryn E. Cuvelier, Town Clerk Date: APPROVED AS TO FORM: Tobin Rosen, Town Attorney Date: F:\Planning&Zoning\Zoning Codes\Public Art\Resolution public record art code.doc Town of Oro Valley Attorney's Office/arm/91008 Exhibit "A" cir F:'Planning&Zoning\Zoning Codes'Public Art\Resolution public record art code.doc Town of Oro Valley Attorney's Office/arm/91008 Town of Oro Valley Art Review Commission Scope and Duties and Public Art Provisions Sections 21.8 and 27.3 Oro Valley Zoning Code Revised Section 21.8 Art Review Commission A. Scope In accordance with the General Plan Arts and Culture Element, the Art Review Commission is intended to evaluate the aesthetic value of public artwork, including privately-owned public artwork, and facilitate the integration of artwork into publicly accessible spaces and the infrastructure of the community. The Commission's work shall include consideration of improvements and threats to public health, safety and welfare by ensuring that public artwork does not pose any safety hazards and is accessible to all members of the community. B. Powers and Duties 1. The Art Review Commission shall review all aspects of proposed public artwork in accordance with Section 27.3. Further, the Art Review Commission shall act as the Public Art Selection Commission and shall review all public art projects associated with public construction projects. The Art Review Commission may review related information and plans, such as landscape design plans that impact the location and accessibility of public artwork. 2. The Art Review Commission shall review and decide requests for public artwork approval including the design of artwork, qualifications of the artist, and the location, installation and setting of the artwork. C. Transaction of Business 1. The Art Review Commission shall conduct its business in accordance with applicable Town regulations and its rules and procedures as adopted by the Town Council. 2. The Planning and Zoning Director shall be the Secretary of the Art Review Commission. 3. The Art Review Commission Chair, or his/her designee, has the right to appear before the Town Council on items of interest to the Art Review Commission. D. Effect of Decisions All Art Review Commission final actions and findings of decisions shall be transmitted to the Town Council regardless of vote. Section 27.3 Public Artwork Provisions A. Purpose The purpose of these public artwork requirements is to implement the General Plan Arts and Culture Element and support the cultural and educational enrichment of the citizens and visitors to Oro Valley through the creation of artwork that is accessible to all members of the community. The Town seeks enhancements to community beauty, artistic entertainment and enrichment for all its residents and visitors, and education in and through the arts. B. Applicability 1. Public artwork is a required element of new private and public construction projects in Oro Valley as specified in this Section 27.3. 2. Artwork projects created for private development as a result of the requirements of this section shall be privately owned and included in all non-residential development projects including religious institutions, and non-profit organizations, with the exception of communication facilities, utility installations and similar projects as determined by the Planning and Zoning Director. 3. All projects where public artwork has not been provided in accordance with Town Council requirements, legal nonconforming uses, that propose 25 percent or more cumulative addition or structural modifications, such as changes in square footage, gross floor area, and building façade shall meet the requirements of Section 27.3. 4. Public artwork is required for all new public construction projects involving construction costs over$50,000, with the following exceptions: i. Public art expenditure is not legally permissible due to the constraints imposed by the funding mechanism ii. Maintenance projects such as surface treatments iii. Safety improvements such as sidewalks and overlays with shouldering for bike lanes iv. Significant budgetary constraints necessitate cost reduction, subject to Town Council approval. C. Artwork Budget 1. A budget for public artwork shall be established based on one percent (1%) of the building permit valuation for the project, including all phases of a multi-phase project. The itemized budget and a copy of the contract or agreement with the artist shall be submitted for Town review. The budget shall be spent on the design, fabrication, installation, and the Town review process of public artwork for the project. 2. For applicable public construction projects, V/0 of the project construction cost shall be used for public artwork. 3. If specifically approved by the Art Review Commission, artwork budgets may include integrated pedestals, bases, walls, utility extensions and architect's fees exclusively required for the artwork. 4. Artwork budgets shall not be used for normally required improvements and development costs, including but not limited to land acquisition, grading, paving, sidewalks and landscaping. 5. For multi-phase projects, an updated public artwork budget, based on the most current building valuation tables, will be submitted for each phase at the time of application for public artwork approval. 6. If the building permit valuation is less than $250,000, the owner/developer may elect to contribute the 1% ($2,500) to the Town of Oro Valley. It shall be earmarked specifically for public artwork projects. 7. If the building permit valuation is $10,000,000 or more, the owner may elect to contribute that portion of the 1% over$100,000 to the Town of Oro Valley earmarked specifically for public artwork projects 8. A portion of the 1°/0 may also be used to construct onsite performing art facilities used for and by the public for the promotion and production of the arts. D. Design and Location Requirements: 1. Public artwork shall be designed by an artist, as defined in Section 31. If a design team is employed to create public artwork, at least one team member shall be an artist as defined in Section 31. 2. Public artwork shall not include any of the following unless specifically allowed by the Art Review Commission and the item is designed by an artist: architectural elements or structural parts of a building or other structure; fixtures or features such as grates, shade screens, streetlights, benches, signs, and bike racks. Designs of such items shall clearly result in artistic expression beyond the normally anticipated functional appearance. 3. Public artwork shall be in an area easily accessible and clearly visible to the general public. The location shall allow for unrestricted viewing from a variety of vantage points. 4. Public artwork may be located on a publicly viewable building façade provided such location improves overall public accessibility to the artwork. 5. Artwork may be located within a building subject to Art Review Commission approval. The applicant shall demonstrate to the satisfaction of the Art Review Commission that the interior location for artwork provides equal or superior public access relative to outdoor locations. Indoor locations shall be readily accessible to the public such as lobbies and entryways and shall be accessible to the public for a minimum of 40 hours each week. 6. The location of public artwork shall be indicated on the landscape plan, development plan, plat or other appropriate document as determined by the Planning and Zoning Director. 7. Public artwork shall be permanent and fixed, and may be integrated with the work of other design professionals. 8. Public artwork shall not be located in sight visibility triangles. 9. Location of art in a proposed or existing Town right-of-way shall be approved by the Town Engineer. 10. Off-site locations within the Town for public artwork may be approved by the Town Council, upon review and recommendation by the Art Review Commission. E. Installation and Maintenance 1. Public artwork shall be installed, inspected and certified complete prior to the issuance of a final certificate of occupancy. If a certificate of occupancy has previously been issued, any business license or other Town approvals shall not be granted until public artwork installation is complete. 2. An artwork installation schedule, addressing timing, budget allocation, artwork location(s), and specific details for each phase of a phased development project, shall be submitted for review by the Planning and Zoning Director. Each development phase shall include public artwork allocated proportionally to building valuation as determined by the Planning and Zoning Director. 3. Public artworks must remain on public display under optimum conditions in which they were originally installed. 4. The installation of the artwork will be done in a manner that will protect the artwork and the public. The general safety and permanence of artwork installation shall be inspected as determined by the Town Building Official, Town Engineer and the Planning and Zoning Director. Incomplete or unsafe installations shall not be approved. 5. Artwork projects may have a small plaque not to exceed 80 square inches in size identifying the work, artist and contributors. 6. Continued maintenance of the artwork shall be the responsibility of the property owner. The artwork shall be maintained to preserve its intended appearance as specified in the approved application. Faded paint, missing or damaged parts, or deteriorated finishes represent unacceptable maintenance conditions. 7. The original artist shall be offered the opportunity to provide maintenance and repair services for the artworks they create. If the original artist will not be maintaining the artwork, documentation of the property owner's request to the artist for maintenance and repair services shall be submitted with the maintenance plan required in Section 27.3.E.8. 8. A maintenance plan specifying the party(s) intended to complete repairs, shall be submitted with the application for public artwork approval. If the party identified to perform maintenance and repairs is not the original artist, a statement of the individual's qualifications to repair and maintain public artwork shall be submitted with the maintenance plan. Qualified individuals shall have experience working with the media and materials used in the artwork. 9. Public artwork responsibilities shall transfer from property owner to property owner. 10. The property owner shall be responsible for the services and utilities necessary to operate and/or maintain public artworks over time. 11. The property owner shall provide evidence of insurance in a minimum amount equal to the purchase and installation costs of the public artwork. 12. Replacement of missing or damaged public artworks is required. Property owners are required to respond to inquiries from the Town regarding damaged or missing public artwork within 15 days of written notice. 13. Failure to maintain the artwork, as determined by the Planning and Zoning Director, shall constitute a violation of this code, and/or cause liens against the real property. 14. Public artwork cannot be permanently removed, relocated or altered in any way without the review and approval of the Art Review Commission, as long as the establishment remains open for business or maintains an Oro Valley business license. 15. In the event public artwork must be temporarily moved or altered due to construction or other activity, the property owner shall submit in writing a request to the Planning and Zoning Director detailing the purpose, time frame, and intended temporary location for the artwork. Only the individual identified in the maintenance plan shall be permitted to move or alter public artwork. The request must be approved by the Planning and Zoning Director prior to movement of alteration of the artwork. The artwork shall be returned to its original location. F. Processing 1. The Art Review Commission shall review and may approve all applications for public artwork in a two step process: Conceptual Review and Final Review. 2. Whenever a landscape plan is required with a development plan or subdivision plat, conceptual review of public artwork must be approved by the Art Review Commission prior to the approval of the landscape plan for development projects. 3. Public artwork for public construction projects shall be reviewed by the Art Review Commission. Timing for public construction projects' artwork conceptual and final review by the Art Review Commission shall be determined by the Town Engineer and the Planning and Zoning Director. 4. Conceptual review shall assess artist qualifications, conceptual artwork design and artwork location(s). Conceptual review and approval is required prior to completion of a final review by the Commission. 5. Subsequent to conceptual review, the Art Review Commission shall complete a final review. The applicant shall provide information on the artwork's final design and a maintenance plan per Section 27.3.E.8 in sufficient detail to permit the Commission to completely evaluate the application using the standards and criteria included in this Section 27.3. Changes to the approved artwork design or the approved maintenance plan shall be approved by the Art Review Commission. 6. Project completion shall be certified by the acceptable installation of the approved artwork and submittal by the property owner of a certification package including the following: a statement that the artwork, artist and site meet the criteria established by this ordinance, the date on which the installation was completed, and an itemized account of the expenses incurred in fulfilling the requirements of this ordinance. Certification shall be completed before the Town issues a final certificate of occupancy. 7. For existing development, previously approved projects, subsequent phases of phased projects, or projects that do not require a landscape plan, final review of public artwork shall be approved prior to the issuance of the building permit. 8. Decisions of the Art Review Commission on conceptual or final review shall be final, unless, within 20 days from the date of the Commission's decision, the applicant files an appeal in writing to the Town Council. The written appeal shall be filed with the Town Clerk and shall state in writing where, in the opinion of the appellant, the Commission was in error. The Clerk shall schedule the appeal for a Town Council agenda and the Town Council, at its meeting, shall uphold, modify or overrule the decision of the Commission. 9. The Town Council shall have the right to initiate its own review of any decision of the Art Review Commission and shall uphold, modify or overturn said decision. Notice of Town Council-initiated review of an Art Review Commission decision shall be given to the applicant by the Town Clerk within 20 days after the action of the Art Review Commission. 10. If an appeal is not filed nor Town Council review initiated within 20 days of the Commission's decision, the decision shall be deemed final. G. Review Criteria In reviewing applications for public artwork, the Art Review Commission shall consider, but is not limited to, the criteria described below. The Commission shall determine acceptability of individual applications based on their interpretation and judgement of fulfillment of these criteria. 1. Proposed artworks shall not hinder public safety including hazards to pedestrians and the creation of attractive nuisances. 2. Public artwork locations shall be well-integrated with the layout and hardscape components of the site and shall maintain visibility and proximity to the viewing public, and compatibility with and enhancement to the aesthetic value of the building(s) or site. Artwork shall be located in relatively high activity areas. 3. Potential obstructions, such as landscape materials at maturity or future construction, should be considered. 4. Locations for artwork should include nearby accessible seating, when appropriate, from which the artwork can be easily viewed. 5. Durability and safety of materials and the overall project design, as determined by a registered professional engineer licensed by the State of Arizona, as applicable, should be considered. Siting and installation of artwork shall consider hazards from specific design features, materials, and potential breakage. 6. The artwork shall be original and unique, and not duplicate existing art projects. 7. The concept and design should be consistent with the overall theme of the project and the context of the proposed installation site. 8. The appropriateness of the materials, textures, and colors to the expression of the design concept and the site shall be considered. 9. Durability of the artwork and its ability to prevent or minimize vandalism, undesired weathering or other damage through the use of materials, finishes and site locations shall be considered. • • TOWN OF ORO VALLEY Page 1 of 2 (11111COUNCIL COMMUNICATION MEETING DATE: November 5,2008 TO: HONORABLE MAYOR AND COUNCIL FROM: Philip C. Saletta, Water Utility Director David Ruiz, Engineering Division Manager SUJBECT: Resolution No. (R) 08- 7 a resolution of the Mayor and Council of the Town of Oro Valley, Pima County, Arizona, authorizing and approving a Mutual Aid Agreement with Arizona Water and Wastewater Agency Response Network (AZWARN) . SUMMARY: The Arizona Water and Wastewater Response Network, AZWARN, is a program designed to provide emergency assistance on a voluntary basis to participating members based on a member's voluntary ability to respond to an emergency request with personnel, equipment and/or materials. There is no obligation to request or provide assistance by executing this agreement. This only sets in place an agreement if assistance is requested or provided. Each responding agency is reimbursed for labor, materials and equipment by the requesting utility. WARN organizes utilities within a state through mutual aid agreements and is internal and specific to the state, does not cross state lines. The AZWARN program is nationally initiated and, in the state of Arizona, is being Tanized by the Arizona Water Association (formerly the Arizona Water and Pollution Control Association). The program is consistent with National Incident Management System (NIMS) protocol established by the Federal National Response Plan for emergency responses. Other Arizona water and waste water entities that have become AZWARN members are: Tucson Water Dept., Metro Water District, Town of Marana Utilities Dept., Phoenix Water Dept., Tempe Water Utilities, Peoria Utilities Flagstaff Utilities, Scottsdale Water Dept., Avondale Water Dept., Camp Verde Sanitary District and Prescott Valley Utilities. FISCAL IMPACT: There is no fiscal impact unless assistance is requested. ATTACHMENTS: • Attachment No. 1: Resolution • Attachment No. 2: Exhibit No. 2, AZWARN Mutual Aid Agreement RECOMMENDATION: The Oro Valley Water Utility Commission approved a motion recommending Council approve this resolution at their meeting on September 8, 2008. Staff concurs and respectfully recommends approval of Resolution No. (R) 08- 76 regarding the AZWARN Mutual Aid Agreement which authorizes the Town Council to approve ..e agreement. TOWN OF ORO VALLEY Page 2 of 2 COUNCIL COMMUNICATION MEETING DATE: November 5,200r!+'` SUGGESTED MOTION: I move to approve Resolution No. (R) 08- 76 , a resolution of the Mayor and Council of the Town of Oro Valley, Arizona approving the AZWARN Mutual Aid Agreement. OR I move to David Ruiz, Water Uti ity Engineering Manager (24. Ph' ' C. Saletta, P.E., Water Utility Director David Andrews, own Manager NovNow ATTACHMENT NO. 1 RESOLUTION �PLLEYAisx> O O Off- °LN DED RESOLUTION NO. (R) 08- 76 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, AUTHORIZING AND APPROVING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF ORO VALLEY AND OTHER MUNICIPALITIES, COUNTIES, DISTRICTS AND PUBLIC AGENCIES WITHIN ARIZONA TO BECOME A MEMBER OF THE ARIZONA WATER AND WASTEWATER RESPONSE NETWORK UNDER A MUTUAL ASSISTANCE AGREEMENT. WHEREAS, the Town of Oro Valley is a political subdivision of the State of Arizona vested with all associated rights, privileges and benefits and is entitled to the immunities and exemptions granted municipalities and political subdivisions under the Constitution and laws of the State of Arizona and the United States; and WHEREAS, pursuant to ARS § 11-952, the Town of Oro Valley is authorized to enter Intergovernmental Agreements for joint and cooperative action with other public agencies; and WHEREAS, pursuant to ARS § 9-511, et seq., the Town has the requisite statutory authority to acquire, own and maintain a water utility for the benefit of the landowners within and the without the Town's corporate boundaries; and WHEREAS, Domestic Water and Wastewater Improvement Districts are authorized to operate water and wastewater facilities pursuant to ARS § 48-909 and ARS § 48-1011 et seq.; and WHEREAS, Pima County, Arizona is authorized to own and operate a wastewater collection and treatment system pursuant to ARS § 11-264; and WHEREAS, in times of crisis, emergency situations may overwhelm the ability of any water and/or wastewater utility to provide services to its customers and may require assistance in the form of personnel, equipment, services and supplies from outside the area of the impact of the emergency; and WHEREAS, the Arizona Water and Wastewater Agency Response Network (AZWARN) Member utilities have authored an Agreement to establish within the State of Arizona an Intrastate Program for Mutual Assistance and the creation of a statewide aid response network; and WHEREAS, it is in the best interest of the Town to enter into this Intergovernmental Agreement with other municipalities, counties, districts and public agencies within the State of Arizona, attached hereto as Exhibit "A" and incorporated herein by this reference, in order to provide mutual assistance, coordinate response activities and share resources during emergencies. \\Legal\sharefiles\Water Utility\IGA's\Mutual Aid\Resolution AZWARN IGA final.doc Town of Oro Valley Attorney's Office/sb/091908 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 other municipalities, counties, districts and public agencies with the State of Arizona to provide mutual assistance in the event of emergency situations, attached hereto as Exhibit"A", is hereby approved. 2. The Mayor of the Town of Oro Valley 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 5th day of November , 2008. TOWN OF ORO VALLEY Paul H. Loomis, Mayor ATTEST: APPROVED AS TO FORM: Kathryn Cuvelier, Town Clerk Tobin Rosen, Town Attorney \\Legal\sharefiles\Water Utility\IGA's\Mutual Aid\Resolution AZWARN IGA final.doc Town of Oro Valley Attorney's Office/sb/091908 ATTACHMENT NO. 2 EXHIBIT NO. 2 AZWARN MUTUAL AID AGREEMENT 1PLtEY i o �0 oQ- 2 -9 'c0 9�D� °LADED 1 2-25-08 REVISED FINAL Secretary of State File No.: 26721 MUTUAL AID AGREEMENT AN INTERGOVERNMENTAL AGREEMENT AMONG MEMBERS OF THE ARIZONA WATER AND WASTEWATER AGENCY RESPONSE NETWORK This Agreement is made and entered into by and among Municipalities, Municipal Corporations Counties, Districts and Public Agencies that have executed this Agreement to better respond to water and wastewater emergencies. RECITALS WHEREAS, municipal corporations within Arizona are authorized to own and operate water distribution and wastewater collection and treatment systems pursuant to A.R.S. § 9-511, and; WHEREAS, Domestic Water and Wastewater Improvement Districts are authorized to operate water and wastewater facilities pursuant to A.R.S. § 48-909 and A.R.S. §48-1011 et seq.; WHEREAS, Pima County is authorized to own and operate a wastewater collection and treatment system pursuant to A.R.S. § 11-264, and; WHEREAS, Members of the AZWARN recognize the value of cooperative efforts in responding to water and wastewater utility emergencies and intend to look for opportunities to cooperate with local governments, Tribal entities, and federal agencies to meet the need for mutual aid in emergencies; and; WHEREAS, the signatories to this Agreement are authorized to enter into intergovernmental agreements pursuant to A.R.S. § 11-952, and; WHEREAS, one or more members to this Agreement may find it necessary to utilize all of their own resources to cope with a "Local Emergency" a "Government-Declared State of Emergency" or a"Utility emergency" and may require the assistance of another member or other members (collectively,"Member"); WHEREAS, It is desirable that the manner of financing such cooperative undertakings be resolved in advance of such Emergency; and WHEREAS, it would be beneficial to have established a plan and procedures in case of Emergencies; WHEREAS, separate from this Agreement, state resources will be made available in accordance with A.R.S. § 35-192;A.R.S. § 26-303(E)and A.R.S. § 26-311; NOW, THEREFORE, IT IS HEREBY AGREED by and between each and all of the Members hereto as follows: thir 1 2-25-08 REVISED FINAL Secretary of State File No.: 26721 AGREEMENT Nal Article 1. Purpose The Members recognize that Emergencies may overwhelm the ability of a water and or wastewater utility to provide services to its customers. These Emergencies may require assistance in the form of personnel, equipment, services, and supplies from outside the area of the impact of the Emergency. Therefore, the Arizona Water and Wastewater Agency Response Network ("AZWARN") Member utilities hereby establish within the State of Arizona an Intrastate Program for Mutual Assistance ("Mutual Assistance Program") and create a statewide Arizona Water and Wastewater Agency Response Network ("AZWARN"). Through the Mutual Assistance Program and AZWARN, the Members will coordinate response activities and may share resources during Emergencies. This Agreement sets forth the procedures for the administration of this Mutual Assistance Agreement and AZWARN. Article 2. Scope The scope of this Agreement is to (1) provide procedures to notify Members of the need for assistance; (2) provide procedures for Requesting Members to request assistance; (3) provide a mechanism for compensation for resources; and (4) create AZWARN to implement this Agreement. Article 3. Definitions 3.1 Agreement means this document,the Mutual Aid Agreement, an Intergovernmental Agreement among Members of the Arizona Water and Wastewater Agency Response Network and changes of the agreement as approved by its Members. 3.2 Associate: Any non utility participant, approved by the AZWARN Board, which provides a support role for the AZWARN program. These participants are nonvoting and do not officially sign the AZWARN agreement. 3.3 Authorized Designee means an employee of a Member that is authorized by the Member's Governing Body to request assistance, offer assistance, or declare Utility Emergencies under this Agreement. 3.4 AZWARN (Arizona Water and Wastewater Agency Response Network) means an organizational body of Member representatives.Each Member has one representative. 3.5 AZWARN Board means the Chairperson and eight other Member representatives elected at large among AZWARN Member representatives. The AZWARN Board shall be formed after the AZWARN Membership exceeds twenty(20). 3.6 AZWARN Chairperson means the Member Representative elected by a majority vote of AZWARN. This person is responsible for chairing AZWARN meetings, giving notices as required by this Agreement and is authorized to execute actions approved by Resolutions of AZWARN. 3.7 Backfill means the salary of replacement personnel who perform the regular duties of other personnel who are deployed under this mutual aid agreement. 3.8 Coordinator means a person assigned by AZWARN to provide services as directed by AZWARN such as managing a website, special communication hub, or grant management. 3.9 Costs mean the actual expenditures of funds by Responding Member, including backfill and indirect costs. 3.10 District means a domestic water improvement district or domestic wastewater improvement district created pursuant to A.R.S. § 48-1011 et seq. 2 2-25-08 REVISED FINAL Secretary of State File No.: 26721 3.11 Emergency means a Local Emergency, pursuant to A.R.S. § 26-301(9) or a Governor Declared State Emergency, pursuant to A.R.S. § 35-192 or a Utility Emergency as defined in this Agreement. (Note A.R.S. § 34-604,Emergency Procurement). 3.12 Governing Body means the legislative body (e.g., city council, board of supervisors, district board or State agencies) elected to manage the affairs of the municipality, municipal corporation, district, county or Public Agency with statutory authority to enter into Mutual Aid Agreements. 3.13 Governor-Declared State Emergency means a situation where the Governor has declared a state of emergency following a determination of the "existence of conditions of disaster or of extreme peril to the safety of persons or property within the state caused by air pollution, fire, flood or floodwater, storm, epidemic, riot, earthquake or other causes, except those resulting in a state of war emergency, which are or are likely to be beyond the control of the services, personnel, equipment and facilities of any single county, city or town, and which require the combined efforts of the state and the political subdivision,"pursuant to A.R.S. § 35-192. 3.14 Indirect Costs means 10% of the total expenditures of funds by the Responding Member. 3.15 Local Emergency means the "existence of conditions of disaster or of extreme peril to the safety of persons or property within the territorial limits of a county, city, or town, which conditions are or are likely to be beyond the control of the services, personnel, equipment and facilities of such political subdivision as determined by its Governing Body and which require the combined efforts of other political subdivisions" pursuant to A.R.S. § 26-301(9). 3.16 Member means a participating governmental entity in the AZWARN. 3.17 National Incident Management System (NIMS) means the national, standardized 1111111, approach to incident management and response that sets uniform processes and procedures for emergency response operations. 3.18 Period of Assistance means a specified period of time when a Responding Member assists a Requesting Member. It begins with the Requesting Members' notice of acceptance of aid and ends when either the Responding Member or Requesting Member terminates the aid pursuant to notice provisions of this Agreement. 3.19 Private Utility means a water or wastewater distribution, collection or treatment facility or system which is not owned or operated by a Governing Body, Municipal Corporation or Water or Wastewater District. 3.20 Requesting Member means a Member who requests assistance in accordance with the terms and conditions of this Agreement. 3.21 Responding Member means a Member that responds to a request for assistance in accordance with the terms and conditions of this Agreement. 3.22 Utility means an Arizona water or wastewater distribution, collection or treatment facility or system owned by a Governing Body, or a municipal corporation, or an Arizona water or wastewater company who is contracting with or licensed by a Governing Body to provide services. 3.23 Utility Emergency means an incident or event beyond the capability of a member utility but does not amount to or require the need of a declaration of emergency by the Mayor, Chairman of the Board of Supervisors, or the Governor of the State of Arizona. This emergency is declared by the utility's Authorized Designee. (Note: A.R.S. § 34-604, Emergency Procurement). 411W 3 2-25-08 REVISED FINAL Secretary of State File No.: 26721 Article 4. Implementation 4.1 This Agreement will be implemented through AZWARN. Each Member to the Agreement will select a Member representative who will each have one vote. The Member representatives will elect a Chairperson. When Membership exceeds twenty(20),AZWARN will elect eight (8) Member representatives to the AZWARN Board. The Chairperson and each AZWARN Board Member will have one vote for Board business. Until such time as membership exceeds twenty(20)Members, AZWARN will serve as the Board. 4.2 AZWARN will meet annually to review this Agreement as well as emergency g Y preparedness and response procedures, recommending changes when necessary. AZWARN Member representatives, and subsequently the AZWARN Board, will adopt resolutions, policies, procedures and by-laws. AZWARN Member representatives will facilitate, plan and coordinate emergency planning,response activities,and training exercises under this Agreement. AZWARN Member representatives will also determine budget and funding options. Article 5. Funding 5.1 The AZWARN Board will be responsible for developing and adopting an annual budget and establishing funding sources. 5.2 The AZWARN Board may authorize a Member or Associate to accept grants, gifts and other sources of funds on behalf of the interests of AZWARN. Implementation of this Agreement may be funded by annual contributions necessary to meet costs of administration and sustaining this Agreement. Article 6. Procedures for Requesting Assistance 6.1 Member Responsibility. Each Member will identify an Authorized Designee or the Authorized Designee's delegate to provide contact information, including 24 hour contact, and maintain relatively current resource information made available by the utility for mutual assistance response. 6.2 Requests for Assistance. In the event of an Emergency, a Member's Authorized Designee may request mutual assistance from any other Participating Member(s). The request for assistance may also be transmitted to the Coordinator. Requests for assistance may be made orally or in writing. When made orally, the request for assistance will be followed by a written request as soon as practicable but no more than (10) working days after the oral request was made. Specific protocols for requesting assistance will be provided in the AZWARN Operational Plan. 6.3 Response to a Request for Assistance. After a Member receives a request for assistance, the Authorized Designee evaluates whether resources are available to respond to the request for assistance. Following the evaluation, the Authorized Designee will notify, as soon as possible, the Requesting Member whether it has the resources to respond. If the Member is willing and able to provide assistance, the Member will: (1) notify the Requesting Member about the type of available resources; (2)notify the Requesting Member of the approximate arrival time of such assistance; (3) inform Requesting Member of any special requirements needed to utilize the resources; and (4) inform Requesting Member if there are any variations from the reimbursement provisions of this Agreement. Acceptance of this offer of assistance by the Requesting Member commences the Period of Assistance. 141110 4 • 2-25-08 REVISED FINAL Secretary of State File No.: 26721 6.4 Discretion of Responding Member. Execution of this Agreement does not create any duty to provide assistance. When a Member receives a request for assistance, the Authorized Designee will have absolute discretion as to the availability of resources and choice of providing assistance. An Authorized Designee's decisions on the availability of resources will be final and not subject to legal challenge. 6.5 Right to Withdraw. The Responding Member's Authorized Designee retains the right to withdraw some or all of its resources upon 24 hours notice. Notice of intention to withdraw must be communicated to the Requesting Member's Authorized Designee. Article 7. Responding Member Personnel 7.1 National Incident Management System. Assistance provided under this Agreement will be consistent with the National Incident Management System(NIMS). 7.2 Control. Personnel sent by a Responding Member will remain under the direct supervision and control of the Responding Member. The Requesting Member's Authorized Designee will coordinate response activities with the designated supervisor(s) of the Responding Member(s). 7.3 Food and Shelter. The Requesting Member will supply reasonable food and shelter for Responding Member personnel. If the Requesting Member fails to provide food and shelter to Responding personnel,the Responding Member's designated supervisor is authorized to purchase the resources necessary to meet the needs of its personnel. The cost for such resources must not exceed the per diem rates established by the State of Arizona. The Requesting Member remains responsible for reimbursing Responding Member for all costs associated with providing food and shelter, if such resources are not provided. 7.4 Communication. The Requesting Member will provide or make arrangements for 4.110 appropriate communication equipment for Responding Member personnel. 7.5 Status. Unless otherwise provided by law, the Responding Member's officers and employees retain the same privileges, immunities, rights, duties, and benefits as provided in their respective jurisdictions. Article 8. Reimbursement Unless otherwise mutually agreed in whole or in part, the Requesting Member will reimburse the Responding Member for each of the following categories of costs that Responding Member incurred while providing aid during the specified Period of Assistance. If an alternative fees schedule is necessary for a Member, alternative fee schedules will be submitted upon signing this Agreement. 8.1 Personnel. Requesting Member will pay Responding Member for work completed by Responding Member personnel during a specified Period of Assistance according to the terms provided in their employment contracts or other conditions of employment. The supervisor(s) designated by the Responding Member must keep accurate records of work performed by personnel during the specified Period of Assistance. Reimbursement must include all personnel costs, including salaries or hourly wages (including overtime and backfill), costs of fringe benefits, and indirect costs when reimbursing Responding Member. If a Responding Member uses rates different from these costs, the fee schedule may be attached to the signed agreement and submitted to the AZWARN Board. 8.2 Equipment. The Requesting Member will reimburse the Responding Member for the use of equipment during a specified Period of Assistance. Requesting Member will use equipment rates based on the Federal Emergency Management Agency's (FEMA) Schedule of Equipment Rates. If a Responding Member uses rates different from those in the FEMA Schedule of Equipment Rates those rates may be attached to the signed agreement and submitted 5 • c r 2-25-08 REVISED FINAL Secretary of State File No.: 26721 to the AZWARN Board. In the event of equipment not included in the schedule of equipment rates,the Responding Member must provide such rates in writing to the Requesting Member prior q g to supplying resources. The Requesting Member and Responding Member must mutually agree, in writing, on rates prior to Responding Member's dispatch of equipment. 8.3 Materials and Supplies. The Requesting Member must reimburse the Responding Member in kind or at actual replacement cost, plus handling charges, for use of expendable or non-returnable supplies. The Responding Member will not charge direct fees or rental charges to the Requesting Member for other supplies and reusable items that are returned to the Responding Member in a clean, damage-free condition. The Responding Member and Requesting Member will treat reusable supplies that are returned to the Responding Member with damage as expendable supplies for purposes of cost reimbursement. 8.4 Reimbursement Procedures. The Responding Member must provide an itemized invoice to the Requesting Member for all expenses it incurred as a result of providing assistance under this Agreement. The Responding Member will submit the itemized invoice to the Requesting Member no later than ninety (90) days following the end of the Period of Assistance. The Requesting Member will pay the full amount due no later than forty-five(45) days following the invoice date. Any amount that Responding Member leaves unpaid after 45 days will accrue interest at the statutory annual interest rate of 10%pursuant to A.R.S. § 44-1201. 8.5 Reimbursement Procedures by the State. It is expressly understood that when Responding Members provide aid under this Agreement to the Requesting Member, the State may reimburse the Requesting Member for eligible costs as appropriate. 8.6 Excess Costs. The Requesting Member will reimburse the Responding Member for actual excess costs incurred by Responding Member for required backfill or coverage. 8.7 Personnel Compensation and Insurance. The Requesting Member and the Responding Member will be responsible for all compensation and insurance coverage of their respective employees and equipment, if any, involved with mutual aid and consistent with A.R.S. § 26- 314.B. Nod Article 9. Water Rights This Agreement will not affect water rights nor create any transfer of water rights. Members do not intend that this Agreement will serve as a means of drought relief. Drought will not be considered an Emergency under the terms of this Agreement. Article 10. Private Utilities 10.1 A participating Member may request assistance for a Private Utility or provide assistance from a Private Utility to a requesting Member pursuant to this Agreement under the following conditions: the Member must have a valid contract with the Private Utility that is consistent with the terms and conditions of this Agreement and the Member will agree to assure substantial compliance by the Private Utility with the terms and conditions of this Agreement. The Member may make substantial compliance a term of their contract with the Private Utility. 10.2 For purposes of this Agreement, the participating Member's Authorized Designee shall act as the representative of the Private Utility. 6 r ` 2-25-08 REVISED FINAL Secretary of State File No.: 26721 Article 11. Protected Information, Statewide Critical Infrastructure and Disclosure To the extent permitted by the Statewide Critical Infrastructure Information System Disclosure Law, A.R.S. § 41-1803 et seq., the Arizona Public Records Law, A.R.S. § 39-101 et seq., and other applicable laws, all Members will maintain the strictest confidence and will take all reasonable steps necessary to prevent the disclosure of any protected information disclosed under this Agreement. If any Member, or other entity requests or demands, by subpoena or otherwise, that a Member disclose any protected information disclosed under this Agreement, the Member will immediately notify the owner of the protected information and will take all reasonable steps necessary to prevent the disclosure of this information by asserting all applicable rights and privileges with respect to such information and will cooperate fully in any judicial or administrative proceeding relating thereto. Article 12. Dispute Resolution 12.1 Dispute Resolution. If a dispute arises out of or relates to this Agreement and if the dispute cannot be settled through negotiation, the Members agree first to try in good faith to resolve the dispute by mediation before resorting to litigation or some other dispute resolution procedure. 12.2 Mediation Procedure. Mediation will take place in a location agreed to by the Members,will be self-administered and be conducted under the CPR Mediation Procedures established by the CPR Institute for Dispute Resolution,with the exception of the mediator selection provisions,unless other procedures are agreed upon by the Members. 12.2.1 Commencement of Mediation. Either Member may refer the dispute to (II1Mor mediation by sending by U.S. mail, certified and return receipt requested,to the other Member or Members a written notice(the"Mediation Notice")calling on the other Member or Members to proceed to mediation. The Member or Members who have received a Mediation Notice will contact the Member calling for mediation seven(7)days from receipt of the Notice to confirm receipt of the Mediation Notice and to begin the mediator selection process. 12.2.2 Mediator Selection. Unless the Members agree otherwise,the Members will select the one or more mutually acceptable trained mediator(s)within fourteen 14 days of the confirmation of receipt of Mediation Notice. 12.2.3 Fees and Costs. Each Member agrees to bear its own fees and costs to participate in mediation. The Members will enter into a written agreement with the mediator(s)regarding the mediator(s)' fees and expenses before the first mediation session. The Members will share equally the mediators' fees and mediation expenses. 12.2.4 Subsequent or Contemporaneous Contracts. The Members will include this provision in all subsequent or contemporaneous contracts relative to this matter, absent specific written agreement of the Members otherwise. 12.3 Participation in Mediation. The Members agree to encourage participation in mediation by all relevant Members. The Members will not be obligated to mediate if a Member who is needed to fully resolve dispute is unwilling to join. 12.4 Waiver. This section does not constitute a waiver of the Members' rights to arbitrate or initiate legal action if a dispute is not resolved through good faith negotiation or mediation, or if provisional relief is required under the Arizona Rules of Civil Procedure. %IF 7 2-25-08 REVISED FINAL Secretary of State File No.: 26721 Article 13. Indemnification Each Member(as "Indemnitor") agrees to indemnify, defend and hold harmless the other Member(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 or 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. This indemnification shall survive termination of this Agreement or the termination of the participation of any of its Members Article 14. Worker's Compensation Claims Each Member will be responsible for any injuries which may occur to their own personnel during the course of rendering mutual assistance pursuant to this Agreement. In accordance with A.R.S. § 23-1022, each Member will be deemed the primary employer and will have sole responsibility for the payment of worker's compensation benefits to its respective employees. Each Member will comply with the notice provisions of A.R.S. § 23-1022(E). Article 15. Notice of Claim or Suit A Member who becomes aware of a claim or suit that in any way, directly or indirectly, contingently or otherwise, affects or might affect other Members of this Agreement will provide prompt and timely notice to the Members who may be affected by the suit or claim. Each Member reserves the right to participate in the defense of such claims or suits as necessary to protect its own interests. Article 16. Insurance Each Member will bear the risk of its own actions, as it does with its operations, and determine for itself what kinds of insurance, (including self-insurance), and in what amounts, it should carry. Nothing herein will act or be construed as a waiver of any sovereign immunity or other exemption or limitation on liability that a Member may enjoy. Article 17. Effective Date; Term 17.1 Effective Date. This Agreement will become effective for each Member after approval by its Governing Body and on the date it is recorded with the Secretary of State (the "Effective Date"). 17.2 Term. Except as otherwise provided in this Agreement, this Agreement will terminate June 30, 2020 unless extended. Upon termination any involved property shall revert to the original owner unless conveyed to another participant pursuant to the terms of this Agreement. 8 r + 2-25-08 REVISED FINAL Secretary of State File No.: 26721 1/411110, Article 18. Withdrawal Any Member may terminate its participation in this Agreement through a resolution of its Governing Body which gives notice of termination of participation in this Agreement and by filing a certified copy of such resolution with the Secretary of State and providing a copy to the AZWARN Chairperson. This Agreement is terminated as to such Member twenty (20)days after the filing of such resolution. The termination by one or more of the Members of its participation in this Agreement will not affect the operation of this Agreement as between the other Members thereto. Article 19. Non-Appropriation Notwithstanding any other provision in this Agreement, any Member may withdraw from this Agreement if for any reason the Member's Governing Body does not appropriate sufficient monies for the purposes of this Agreement. In such event, a withdrawing Member will have no further obligation to the other Members other than for payment for services rendered prior to withdrawal. Article 20. Prohibition of Third Parties and Assignment of Rights and Duties 20.1 This Agreement is for the sole benefit of the Members and no person or entity may have any rights under this Agreement as a third-Member beneficiary. Assignments of benefits and delegations of duties created by this Agreement are prohibited. 20.2 Nothing in the provisions of this Agreement is intended to create duties or obligations to or rights in third parties who are not Members or affect the legal liability of any Member by imposing any standard of care different from the standard of care imposed by law. Article 21. Other Mutual Aid and Assistance Agreements Nothing in this Agreement will limit any Member's ability to continue with, or enter into, other mutual aid or assistance agreements, including those with Tribal governments. The Members may negotiate mutual aid agreements with Tribal government as appropriate Article 22. Americans with Disabilities Act Each Member will comply with applicable provisions of the Americans with Disabilities Act (Public Law 101-336, 42 U.S.C. 12101-12213) and all applicable federal regulations under the Act, including 28 CFR Parts 35 and 36. Article 23. Non-Discrimination No Member will 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 in the course of carrying out Member duties pursuant to this Agreement. Each Member will comply with the provisions of Executive Order 75-5, as amended by Executive Order 99-4, which are incorporated into this Agreement by reference, as if set forth in full herein. 411110 9 • 2-25-08 REVISED FINAL Secretary of State File No.: 26721 Article 24. Compliance with Laws mid Each Member will comply with all federal, state and local laws, rules regulations, standard and Executive Orders, without limitation to those designated within this Agreement. The laws and regulations of the State of Arizona will govern the rights of the Members, the performance of the Agreement and any disputes hereunder. Any changes in the governing laws, rules and regulations during the terms of this Agreement will apply but do not require an amendment of this Agreement. Article 25. Entire Agreement This document constitutes the entire agreement among the Members pertaining to the subject matter hereof, and all prior or contemporaneous agreements and understandings, oral or written, are hereby superseded and merged herein. This Agreement will not be modified, amended, altered or extended except through a written amendment approved by the Members' Governing Bodies and recorded with the Arizona Secretary of State. Article 26. Jurisdiction Nothing in this Agreement will be construed as otherwise limiting or extending the legal jurisdiction of any Member. Nothing in this Agreement is intended to confer any rights or remedies to any person or entity that is not a Member under this Agreement. Article 27. Conflict of Interest This Agreement 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. Article 28. Severability If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions will continue to be valid and enforceable to the fullest extent permitted by law. Article 29. Execution Procedure This Agreement will be executed in counterparts by the Governing Body of each Member. Upon execution,the counterpart will be filed with the Secretary of State. Article 30. Responsibility of the State of Arizona Nothing within this Agreement limits or restricts the duties and obligations of the State of Arizona to respond to the Emergency of any Member. 10 2-25-08 REVISED FINAL Secretary of State File No.: 26721 MUTUAL AID AGREEMENT AN INTERGOVERNMENTAL AGREEMENT AMONG MEMBERS OF THE ARIZONA WATER AND WASTEWATER AGENCY RESPONSE NETWORK Town Signature Page Town of Oro Valley IN WITNESS WHEREOF, the Members hereto each sign this Mutual Aid Agreement, an Intergovernmental Agreement among members of the Arizona Water and Wastewater Agency Response Network, on a separate signature page. The signor warrants that he or she has been duly authorized to commit the jurisdiction in the Agreement by formal approval of the jurisdiction's Governing Body. Date: Mayor, Town of ATTEST: Date: Town Clerk Date of formal approval Governing Body: Pursuant to A.R.S. § 11-952(D), the attorney for the above entitled has determined that the foregoing Agreement is in proper form and is within the powers and authority of the entity as granted under the laws of the State. Date: Town Attorney Town of Corrections: Page 3, Section 3.11, citation ARS § 26-301(9) should be ARS 26-301(10). Page 3, Section 3.15, citation ARS § 26-301(9) should be ARS 26-301(10). %Or 11 TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: November 5, 2008 TO: HONORABLE MAYOR & COUNCIL MEMBERS FROM: Philip C. Saletta, P.E., Water Utility Director SUBJECT: Resolution No. (R) 08- 78 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA APPROVING THE AGREEMENTS BETWEEN THE CENTRAL ARIZONA WATER CONSERVATION DISTRICT AND THE TOWN OF ORO VALLEY FOR WATER STORAGE AT THE AVRA VALLEY RECHARGE PROJECT, THE LOWER SANTA CRUZ REPLENISHMENT PROJECT AND THE PIMA MINE ROAD RECHARGE PROJECT SUMMARY: In September of 2008, the Town of Oro Valley was issued permits from the Arizona Department of Water Resources for storing water in Central Arizona Water Conservation District (CAWCD) Recharge Facilities. These permits will allow for a more diverse portfolio for storing water and the ability to increase the Town's long-term storage credits. Long-term storage credits are available for use in offsetting the annual costs assessed by the Central Arizona Groundwater Replenishment District (CAGRD) for pumping groundwater. Storing water and using the long-term storage credits benefits the Town financially and from a water management perspective. Currently there are no facilities in place to treat and deliver Central Arizona Project water to the Town or its customers; therefore, it is in the best interest of the Town to continue g portion in a of its CAP water allocation in return for long term storage credits. Currently the Town has an agreement with Kai Farms to store water for long-term storage credits. With the addition of these new agreements, the Town will have more options and flexibility in terms of water storage locations and capacity. There are three agreements that require approval as follows: 1. Avra Valley Recharge Project 2. Lower Santa-Cruz Replenishment Project 3. Pima Mine Road Recharge Project The following are the major elements of the proposed agreements: ➢ CAWCD will operate and maintain the recharge and replenishment facilities. ➢ Water deliveries are limited to the transportation and storage capacity for each recharge facility. ty . ➢ The agreement will be in effect for 10 years unless extended or terminated. ➢ Water scheduling will be made on or before October 1 of each year. ➢ Oro Valley will pay the Annual Recharge Rate, which is currently $15 per acre-foot of water stored. ➢ Water measuring and accounting will be performed using standard practices and reported to Oro Valley on a monthly basis. ➢ CAWCD will bill Oro Valley Water Utility on the 15th of each month for the volume of water stored and payment is due within 30 days. ➢ Oro Valley is responsible for obtaining approvals, permits and filing any reports to store in these facilities. ➢ Oro Valley is required to submit a Certificate of Insurance. TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 2 of 2 The Water Utility plans to store additional water before the end of this calendar year and these agreements need to be approved and executed prior to any additional storage in CAWCD facilities. FISCAL IMPACT: If the Utility recharges approximately 1,500 AF of CAP water under these agreements, it is anticipated that there will be a savings of approximately $60,000 for 2008 as compared to CAGRD costs. STAFF RECOMMENDATION: Staff recommends approval of the Resolution No. (R) 08- 7 8 regarding the CAWCD Water Storage Agreements which authorizes the Water Utility Director to execute, implement and renew the agreements. ATTACHMENTS: Resolution No. (R) 08- 78 with attached Exhibit "A", Exhibit "B" and Exhibit "C" - Agreements with CAWCD for Avra Valley Recharge Project, Lower Santa Cruz Replenishment Project and the Pima Mine Road Recharge Project respectively. N40 SUGGESTED MOTION: I move to approve Resolution No. (R) 08- 78 A Resolution of the Mayor and Council of the Town of Oro Valley, Arizona Approving the Agreements for Water Storage with the Central Arizona Water Conservation District (CAWCD). OR I move to // 62) Philip C. Saletta, P.E., Water Utility Director DALit, David Andrews, Town Manager RESOLUTION NO. (R) 08-78 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA APPROVING AGREEMENTS BETWEEN THE CENTRAL ARIZONA WATER CONSERVATION DISTRICT AND THE TOWN OF ORO VALLEY FOR WATER STORAGE AT THE AVRA VALLEY RECHARGE PROJECT, THE LOWER SANTA CRUZ REPLENISHMENT PROJECT AND THE PIMA MINE ROAD RECHARGE PROJECT WHEREAS, the Town of Oro Valley (Town) is a political subdivision of the State of Arizona vested with all associated rights, privileges and benefits and is entitled to the immunities and exemptions granted municipalities and political subdivisions under the Constitution and laws of the State of Arizona and the United States; and WHEREAS, pursuant to ARS 9-511, et seq., the Town has the requisite statutory authority to acquire, own and maintain a water utility for the benefit of the landowners within and without the Town's corporate boundaries; and WHEREAS, the Town is a party to a Central Arizona Project (CAP) subcontract with the Central Arizona Water Conservation District (CAWCD) and the U.S. Bureau of Reclamation to purchase CAP water according to an Arizona Department of Water Resources (ADWR) 4aby' allocation and is pursuing additional sources of CAP water; and WHEREAS, the Town desires to store all or part of its CAP water at the Avra Valley Recharge Project (AVRP), the Lower Santa Cruz Replenishment Project (LSCRP) and the Pima Mine Road Recharge Project (PMRRP); and WHEREAS, the Town desires to store all or part of its CAP water allocation at these facilities for the purpose of obtaining groundwater storage credits through CAWCD; and WHEREAS, CAWCD possesses Constructed Underground Storage Facility Permits for the Avra Valley Recharge Project (Permit No. 71-564896), the Lower Santa Cruz Replenishment Project (Permit No. 71-561366), and the Pima Mine Road Recharge Project (Permit No. 71- 577501.0001), 577501.0001), Project from the ADWR; and WHEREAS, CAWCD desires to allow the Town to store CAP water at these facilities; and WHEREAS, approval of the Agreements, attached hereto as Exhibit "A", Exhibit B" and Exhibit "C" and incorporated herein by reference, is hereby determined to be in furtherance of the public health, safety and welfare of the customers of the Oro Valley Water Utility. \U,egal\sharefiles\Water Utility\Projects\CAP\Resolution-CAWCD Storage Agreements.doc Town of Oro Valley/ca/102708 MEW NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Oro Valley, Arizona that the Agreements between CACWD and the Town, attached hereto as Exhibit "A", Exhibit "B" and "Exhibit "C", are hereby approved. BE IT FURTHER RESOLVED, that the Water Utility Director is hereby authorized to take such steps as are necessary to execute and implement said Agreements and future renewals to the Agreements. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona this 5th day of November , 2008. TOWN OF ORO VALLEY Paul H. Loomis, Mayor ATTEST: Kathryn Cuvelier, Town Clerk Noil0 Date: APPROVED AS TO FORM: Tobin Rosen, Town Attorney Date: 411 \\Legal\shareftles\Water Utility\Projects\CAP\Resolution-CAWCD Storage Agreements.doc Town of Oro Valley/ca/I02708 EXHIBIT "A" • AGREEMENT AVRA VALLEY RECHARGE PROJECT c, \\Lcgal\sharefiles\Water Utility\Projects\CAP\Resolution-CAWCD Sioragc Agreements.doc Town of Oro Valley/ea/102708 AGREEMENT FOR STORAGE OF WATER AT THE AVRA VALLEY RECHARGE PROJECT 1. PARTIES: This agreement is made and entered into the day of 2008, by and between the CENTRAL ARIZONA WATER CONSERVATION DISTRICT, hereinafter referred to as "CAWCD", and the TOWN OF ORO VALLEY, hereinafter referred to as "Oro Valley". 2. RECITALS: 2.1 CAWCD is responsible for operating the Avra Valley Recharge Project ("AVRP"), an underground storage facility. The AVRP is located approximately one mile west of the CAP canal, near the Avra Valley Airport and the Santa Cruz River. 2.2 ADWR has issued CAWCD a Constructed Underground Storage Facility Y Permit (Permit No. 71-564896) for the AVRP. The Permit authorizes the underground storage of a maximum of 11,000 acre-feet of water annually at the AVRP. The AVRP is a State Demonstration Recharge Project pursuant to A.R.S. X45-891.01 et seq. 2.3 Oro Valley desires to store CAP water at the AVRP and CAWCD agrees to make available unused storage capacity at the AVRP for such storage, in accordance with the provisions of this Agreement. NOW THEREFORE, in consideration of the foregoing, the payments to bep aid by Oro Valley, and the covenants and agreements contained in this Agreement, g , and other good and valuable consideration, CAWCD and Oro Valley agree as follows: 3. DEFINITIONS: As used in this Agreement, the following terms, when capitalized, have the following meanings: 3.1 ADWR: The Arizona Department of Water Resources. 3.2 CENTRAL ARIZONA PROJECT (CAP): The water delivery works of the CAP including, but not limited to, the CAP canal, its turnout structures and associated measuring devices. 3.3 BKW WATER DELIVERY SYSTEM: The canal system, includingpump p p stations, gates and measuring devices, owned by BKW Farms, Inc., which diverts water from the CAP canal at milepost 295.5 on the CAP canal. Page 1 of 10 3.4 AVRP TURNOUT STRUCTURE: The point on the BKW Water Delivery System at which CAP water is diverted from the BKW Water Delivery System into the AVRP. 3.5 ORO VALLEY WATER: CAP water scheduled by Oro Valley under the terms of its Excess Water Contract and/or CAP Water Service Subcontract. 3.6 PARTY/PARTIES: Either one or both of the parties to this Agreement. 3.7 PERMIT: The Constructed Underground Storage Facility Permit issued by the ADWR for the AVRP facility, permit no. 71-564896. 4. SCOPE OF SERVICES: This Agreement is limited to the transportation of Oro Valley Water through the BKW Water Delivery System to the AVRP and storage of such water at the AVRP by CAWCD for the benefit of Oro Valley. CAWCD shall deliver Oro Valley Water, which is scheduled by Oro Valley for storage at the AVRP in accordance with this Agreement, and CAWCD shall store such water underground at the AVRP for the benefit of Oro Valley. 5. TERM OF AGREEMENT: This Agreement shall become effective when executed by both Parties and shall remain in effect for ten (10) years unless the Parties agree in writing to extend the term or unless it is sooner terminated or canceled in accordance with the terms of this Agreement. 6. CONDITIONS RELATING TO STORAGE: 6.1 All storage of CAP water at the AVRP shall be consistent with Arizona law. 6.2 Oro Valley shall obtain a water storage permit from ADWR authorizing it to store Oro Valley Water at the AVRP. 6.3 CAWCD's storage of Oro Valley Water at the AVRP shall, at all times, comply with the Permit. CAWCD shall be responsible for filing annual reports as required by the Permit. CAWCD shall promptly notify Oro Valley of any changes or modifications to the Permit that would affect Oro Valley's rights under this Agreement. If the Permit is canceled or expires for any reason, Oro Valley may terminate this Agreement. 7. PROCEDURE FOR SCHEDULING STORAGE CAPACITY 7.1 As soon as practicable after the date of execution of this Agreement, Oro Valley shall submit to CAWCD a proposed schedule indicating the amount of AVRP storage capacity it desires to use during the year in which this Agreement is executed. Thereafter, on or before October 1 of each year Page 2 of 10 during the term of this Agreement, Oro Valley shall submit to CAWCD a proposed schedule indicating the amount of AVRP storage capacity Oro Valley desires to use during the following year. 7.2 As soon as practicable after receipt of Oro Valley's proposed schedule following the execution of this Agreement, CAWCD shall return to Oro Valley the schedule, as adjusted by and acceptable to CAWCD, indicating the amount of AVRP storage capacity that is available to Oro Valley for the year in which this Agreement is executed. Thereafter, on or before November 15 of each year during the term of this Agreement, CAWCD shall return to Oro Valley the schedule, as adjusted by and acceptable to CAWCD, indicating the amount of AVRP storage capacity that is available to Oro Valley for the following year. 8. WATER STORAGE RATE Each year under the term of this Agreement, CAWCD shall establish a per acre- foot recharge rate ("Annual Recharge Rate") for use of AVRP storage capacity p Y for the following year, in accordance with CAWCD's adopted Recharge Rate Policy. Oro Valley shall be obligated to pay CAWCD this annual Recharge Rate for each acre-foot of storage capacity used by Oro Valley during the year. Such 141111. payment shall be in accordance with the provisions of Section 13 below. 9. OPERATING AGENT: 9.1 CAWCD shall be responsible for operating the AVRP. 9.2 CAWCD shall retain sole responsibility and authority for decisions relating to the AVRP operating and maintenance practices, including maintenance scheduling and the selection of periods when maintenance will be done. 9.3 Whenever practicable, CAWCD shall inform Oro Valley ninety (90) days in advance of any matter which may substantially affect the AVRP or the rights of Oro Valley. 10. DESTRUCTION/RECONSTRUCTION OF THE AVRP: In the event of destruction of all or part of the AVRP, CAWCD may repair or reconstruct the AVRP, but CAWCD shall not be obligated to do so. 11. WATER MEASUREMENT AND ACCOUNTING: 11.1 CAWCD shall base its accounting for water delivered to the AVRP on actual measurements, methods required by the Permit and/or generally accepted accounting and engineering practices. 11.2 CAWCD shall install and maintain a flow measurement system to measure the amount of water diverted from the CAP into the AVRP. CAWCD shall Page 3 of 10 test and maintain the accuracy of this system within plus or minus 5 percent of actual flows. 11.3 CAWCD shall determine evaporation losses representative of the conditions at or near the AVRP using the method indicated in the Permit or using actual measurements, when available. Any other losses in the AVRP shall be calculated using generally accepted engineering practices. 11.4 All losses that occur at the AVRP, other than by evaporation, will be calculated using generally accepted engineering practices and water-level readings from the gages in the basins. 11.5 CAWCD shall prepare a monthly water accounting report of water stored at the AVRP for Oro Valley. The report shall include the daily amount of water stored and the losses calculated as described in this Section. 11.6 CAWCD shall provide the ADWR with water accounting reports for the AVRP as required by the Permit. 11.7 The water accounting reports prepared pursuant to this Section shall be sent to Oro Valley monthly and shall be retained by CAWCD for at least three years. 11.8 CAWCD shall provide Oro Valley copies of the AVRP annual reports submitted to ADWR. 12. WATER QUALITY: Oro Valley shall indemnify and hold harmless CAWCD against all losses to third parties resulting from water quality degradation or harm to property caused by Oro Valley's use of the AVRP, due to the commingling of Oro Valley Water with the groundwater. Further, Oro Valley waives any claim on its own behalf against CAWCD for water quality degradation or harm to property arising from such commingling, unless such claim is intended to enforce the indemnification provision of this Section; provided, however, that Oro Valley shall indemnify and hold harmless CAWCD only to the extent that indemnification is not provided to CAWCD by the State of Arizona pursuant to A.R.S. X45-898.01; and provided, further, however, that Oro Valley's indemnification shall only extend to the percentage of degradation attributable to the water stored on behalf of Oro Valley at the AVRP under the terms of this Agreement. Oro Valley retains the right to claim over against any other entity, including CAWCD, storing water in the AVRP in the amount proportionate to such amount stored by those other entities. In no event shall CAWCD assume liability for water quality degradation resulting from Page 4 of 10 the storage of water in the AVRP, solely due to its performance of obligations as the operating agent under this Agreement. 13. BILLING AND PAYMENTS: 13.1 On or before the 15th day of each month, CAWCD will bill Oro Valley for each acre-foot of storage capacity used by Oro Valley during the previous month. The amount billed to Oro Valley shall be equal to the Annual Recharge Rate multiplied by the number of acre-feet of Oro Valley Water delivered to the AVRP as measured at the AVRP Turnout Structure. Oro Valley shall pay CAWCD within thirty (30) days of receipt of such bill. Payment is not contingent upon and is not related to Oro Valley's accrual of long-term storage credits from water stored at the AVRP. 13.2 If payment due under this Agreement remains unpaid more than sixty (60) days after its due date, CAWCD may terminate this Agreement effective upon written notice to Oro Valley. In the event CAWCD terminates this Agreement, Oro Valley shall remain obligated to pay any outstanding balance. 14. AUTHORIZATIONS AND APPROVALS: Oro Valley shall be responsible for obtaining, at its own expense, any permits, Cauthorizations and approvals required for the underground storage and recovery of water in the AVRP or for Oro Valley's performance under this Agreement. Oro Valley shall keep CAWCD informed of its applications for such permits and authorizations. CAWCD will share information with Oro Valley to assist Oro Valley in its permit application. Oro Valley shall also be responsible for filing any annual reports or other documents necessary to maintain its right to store water at the AVRP. 15. LIABILITY 15.1 Each Party shall assume liability for its own negligence and shall indemnify the other against any damages the non-negligent Party incurs as a result of the negligent Party's action or inaction. 15.2 CAWCD shall assume no liability to Oro Valley for claims of damage resulting from CAWCD's decision to curtail or stop water flows to the AVRP site during storm or emergency conditions. 15.3 CAWCD shall assume no liability to Oro Valley for quantities of recoverable or unrecoverable water stored underground or removed from underground storage; nor to replace water lost, unintentionally misdirected or otherwise failing to reach the underlying aquifer. CAWCD, Oro Valley VW Page 5 of 10 and any other entities storing water at the AVRP shall share in any deficiency resulting from such lost, misdirected or otherwise unstored water in proportion to the amount of the AVRP capacity it used at the time the deficiency accrued. 15.4 Liability, as described in Section 12 related to water stored in the AVRP by Oro Valley prior to termination of this Agreement, shall remain with Oro Valley after termination of this Agreement. This Section 15.4 shall survive expiration or termination of this Agreement, and remain in full force and effect. 15.5 In the event any third party institutes an action against CAWCD, Oro Valley or other entities storing water at the AVRP for claims arising from the activities undertaken pursuant to this Agreement, the parties named in the action shall meet to determine the procurement of legal counsel and the steps to take to defend against the action. 16. INSURANCE 16.1 During the term of this Agreement, unless otherwise agreed in writing by CAWCD, Oro Valley shall procure and maintain in force or cause to be procured and maintained in force the following types of insurance: 16.1.1 Commercial General Liability Insurance naming CAWCD as an additional insured, including bodily injury, personal injury, property damage, wrongful death, and contractual liability with a minimum limit of $1,000,000 per occurrence. 16.1 .2 Business Automobile Liability Insurance with a minimum limit of $1,000,000. 16.1.3 Worker's Compensation as required by Arizona State law and Employees' Liability Insurance with limits of $1,000,000 per accident, $1,000,000 per employee per disease and $1,000,000 aggregate for disease. 16.1.4 Commercial Umbrella — combined single limit of $4,000,000. 16.2 Any insurance carried by CAWCD shall be excess and not contributory insurance to any insurance afforded hereunder. Oro Valley shall submit satisfactory proof of insurance to CAWCD prior to use of the AVRP. Such proof of insurance shall be in the form of a certificate stating the coverage provided and that such insurance shall not be canceled until after thirty (30) days prior written notice thereof shall have been give to CAWCD. Page 6 of 10 16.3 With written approval of CAWCD, Oro Valley may self-insure or combine the coverages required by this Agreement with coverages outside the scope of that required by this Agreement. 16.4 If Oro Valley fails to acquire, provide or continue the insurance coverages required, CAWCD may terminate this Agreement immediately upon written notice to Oro Valley. 17. DEFAULT: 17.1 Oro Valley and CAWCD shall y pay all monies and carry out all other performances, duties and obligations agreed to be paid and/or performed by them pursuant to this Agreement. A failure by Oro Valley or CAWCD to adhere to the covenants and obligations to be kept and performed by it shall be an act of default under this Agreement. 17.2 In the event of a default by CAWCD or Oro Valley, then, within thirty (30) days following notice of such default either Party may cure the default either by advancing the necessary funds and/or rendering the necessary performance. Such notice shall specify the existence and nature of such default. If such default is not remedied within the time specified, the non- defaulting party may terminate this Agreement upon 24 hours written notice. 18. UNCONTROLLABLE FORCES: Neither Party to this Agreement shall be considered in default in the performance of any of its obligations under this Agreement (other than obligations of Oro Valley to pay costs and expenses) when a failure of performance is due to Uncontrollable Forces. The term "uncontrollable forces" shall mean any cause beyond the control of the Party unable to perform such obligation, including but not limited to, the failure of or threat of failure of facilities, flood, earthquake, storm, fire, lightning and other natural catastrophes, epidemic, war, riot, civil disturbance or disobedience, labor dispute, labor or material shortage, sabotage, government priorities and restraint by court order or public authority, and action or non-action by or failure to obtain the necessary authorizations or approvals from any governmental agency or authority not a Party to this Agreement, which by exercise of due diligence, it shall be unable to overcome. 19. RESOLUTION OF DISPUTES: A Party having a dispute under this Agreement that cannot be resolved by the Parties, may submit the dispute to arbitration. Arbitration shall be subject to the following provisions: 4160 Page 7 of 10 19.1.1 Arbitration shall be binding only upon the consent of the Parties. 19.1.2 A Party wishing to submit a dispute to arbitration shall provide thirty (30) days written notice to the other party of its intent to pursue arbitration and shall name one arbitrator at that time. Within fifteen (15) days of receiving this notice, the other Party to the dispute shall name one arbitrator and give written notice to the other Party of its selection. The two selected arbitrators shall, within five (5) days of selection of the second arbitrator, jointly select a third arbitrator. 19.1.3 Within thirty (30) days from the selection of the third arbitrator, the arbitrators shall hold a hearing. Within thirty (30) days from the conclusion of the hearing, the arbitrators shall render a decision on the dispute. 19.1.4 Arbitration shall be subject to the Arizona Arbitration Act, Arizona Revised Statutes, Title 12, Chapter 9, Article 1. In the event of a conflict between this Agreement and the Arizona Arbitration Act, the provisions of this Agreement shall prevail. 19.1.5 A Party that is dissatisfied with the results of non-binding arbitration may pursue any other legal or equitable remedy not expressly provided for in this Section 19 and available to resolve the dispute. 20. ACTION PENDING RESOLUTION OF DISPUTES: Pending the resolution of a dispute pursuant to Section 19, each Party shall proceed, to the extent legally permissible, in a manner consistent with this Agreement, and shall make payments required in accordance with the applicable provisions of this Agreement. Any amount paid by a Party pursuant to this Section 20 during the course of such dispute shall be subject to refund and adjustment upon a final resolution of any dispute involving an amount due. 21. GOVERNING LAWS This Agreement shall be governed by laws of the State of Arizona. 22. BINDING OBLIGATIONS: All of the obligations set forth in the Agreement shall bind CAWCD and its successors and assigns. This Agreement shall not be assigned by Oro Page 8 of 10 Valley or accrue to Oro Valley's successor, nor shall the AVRP capacity use rights hereunder of Oro Valley be used by another party. CAWCD retains the right to sell, lease, assign or otherwise convey its ownership of the AVRP to a third party. In such event, CAWCD may cancel this Agreement upon written notice to Oro Valley. 23. NOTICES: 23.1 Notice, demand or request provided for in this Agreement shall be in writing and shall be deemed properly served, given or made if delivered in person or sent by registered or certified mail, postage prepaid, to the persons specified below: Central Arizona Water Conservation District c/o General Manager P.O. Box 43020 Phoenix, AZ 85080-3020 Town of Oro Valley Tobin Rosen, Town Attorney 11000 N. LaCanada Drive Oro Valley, AZ 85737 23.2 A Party may, at any time, by notice to the other Party, designate different or additional persons or different addresses for the giving of notices. 24. THIRD PARTY BENEFICIARIES: This Agreement shall not be construed to create rights in, or to grant remedies to, any third party as a beneficiary of this Agreement or of any duty, obligation or undertaking established herein. 25. WAIVER: The waiver by either Party of a breach of any term, covenant or condition in this Agreement shall not be deemed a waiver of any other term, covenant or condition or any subsequent breach of the same or any other term covenant or condition of this Agreement. 26. HEADINGS: Title and paragraph headings are for reference only and are not part of this Agreement. Page 9 of 10 27. ENTIRE AGREEMENT: The terms, covenants and conditions of this Agreement constitute the entire agreement between the Parties relative to the use of AVRP storage capacity, and no understandings or agreements not herein expressly set forth shall be binding upon them. This Agreement may not be modified or amended in any manner unless in writing and signed by both Parties. IN WITNESS WHEREOF, this Agreement is executed by the Parties hereto. CENTRAL ARIZONA WATER CONSERVATION DISTRICT By: Susan Bitter Smith, President Attest: Secretary TOWN OF ORO VALLEY By: Philip C. Saletta, P.E., Water Utility Director ATTEST: APPROVED AS TO FORM: Kathryn E. Cuvelier, Town Clerk Tobin Rosen, Town Attorney Date: Date: P:\lo\Water Storage Agreement\Oro Valley-AVRP viwie Page 10 of 10 EXHIBIT 44B,/ Nor AGREEMENT LOWER SANTA CRUZ REPLENISHMENT PROJECT \\L.egal\sharefiles\Water Utility\Projects\CAP\Resolutlon-CAWCD Storage Agreements.doc Town of Oro Valley/ca/102708 AGREEMENT FOR STORAGE OF WATER AT THE LOWER SANTA CRUZ REPLENISHMENT PROJECT 1. PARTIES: This agreement is made and entered into the day of 2008, by and between the CENTRAL ARIZONA WATER CONSERVATION DISTRICT, hereinafter referred to as "CAWCD", and the TOWN OF ORO VALLEY, hereinafter referred to as "Oro Valley". 2. RECITALS: 2.1 CAWCD is responsible for operating the Lower Santa Cruz Replenishment Project ("LSCRP"), an underground storage facility. The LSCRP is located in the Tucson Active Management Area, north of the Avra Valley airport and southwest of the Santa Cruz River in Section 3 of Township 12 South, Range 11 East, Pima County, Arizona. 2.2 ADWR has issued CAWCD a Constructed Underground Storage Facility Permit (Permit No. 71-561366) for the LSCRP. The Permit authorizes the underground storage of a maximum of 30,000 acre-feet of water annually at the LSCRP. The LSCRP is a State Demonstration J Recharge Project pursuant to A.R.S. X45-891.01 et seq. 2.3 Oro Valley desires to store CAP water at the LSCRP and CAWCD agrees to make available unused storage capacity at the LSCRP for such storage, in accordance with the provisions of this Agreement. NOW THEREFORE, in consideration of the foregoing, the payments to be paid by Oro Valley, and the covenants and agreements contained in this Agreement, and other good and valuable consideration, CAWCD and Oro Valley agree as follows: 3. DEFINITIONS: As used in this Agreement, the following terms, when capitalized, have the following meanings: 3.1 ADWR: The Arizona Department of Water Resources. 3.2 CENTRAL ARIZONA PROJECT (CAP): The water delivery works of the CAP including, but not limited to, the CAP canal, its turnout structures and associated measuring devices. 3.3 BKW WATER DELIVERY SYSTEM: The canal system, including pump stations, gates and measuring devices, owned by BKW Farms, Inc., which 1116, diverts water from the CAP canal at milepost 295.5 on the CAP canal. Page 1 of 10 3.4 LSCRP TURNOUT STRUCTURE: The point on the BKW Water Delivery System at which CAP water is diverted from the BKW Water Delivery System into the LSCRP. 3.5 ORO VALLEY WATER: CAP water scheduled by Oro Valley under the terms of its Excess Water Contract and/or CAP Water Service Subcontract. 3.6 PARTY/PARTIES: Either one or both of the parties to this Agreement. 3.7 PERMIT: The Constructed Underground Storage Facility Permit issued by the ADWR for the LSCRP facility, permit no. 71-561366. 4. SCOPE OF SERVICES: This Agreement is limited to the transportation of Oro Valley Water through the BKW Water Delivery System to the LSCRP and storage of such water at the LSCRP by CAWCD for the benefit of Oro Valley. CAWCD shall deliver Oro Valley Water, which is scheduled by Oro Valley for storage at the LSCRP in accordance with this Agreement, and CAWCD shall store such water underground at the LSCRP for the benefit of Oro Valley. 5. TERM OF AGREEMENT: This Agreement shall become effective when executed by both Parties and shall remain in effect for ten (10) years unless the Parties agree in writing to extend the term or unless it is sooner terminated or canceled in accordance with the terms of this Agreement. 6. CONDITIONS RELATING TO STORAGE: 6.1 All storage of CAP water at the LSCRP shall be consistent with Arizona law. 6.2 Oro Valley shall obtain a water storage permit from ADWR authorizing it to store Oro Valley Water at the LSCRP. 6.3 CAWCD's storage of Oro Valley Water at the LSCRP shall, at all times, comply with the Permit. CAWCD shall be responsible for filing annual reports as required by the Permit. CAWCD shall promptly notify Oro Valley of any changes or modifications to the Permit that would affect Oro Valley's rights under this Agreement. If the Permit is canceled or expires for any reason, Oro Valley may terminate this Agreement. 7. PROCEDURE FOR SCHEDULING STORAGE CAPACITY 7.1 As soon as practicable after the date of execution of this Agreement, Oro Valley shall submit to CAWCD a proposed schedule indicating the amount of LSCRP storage capacity it desires to use during the year in which this Page 2 of 10 Agreement is executed. Thereafter, on or before October 1 of each year during the term of this Agreement, Oro Valley shall submit to CAWCD a proposed schedule indicating the amount of LSCRP storage capacity Oro Valley desires to use during the following year. 7.2 As soon as practicable after receipt of Oro Valley's proposed schedule following the execution of this Agreement, CAWCD shall return to Oro Valley the schedule, as adjusted by and acceptable to CAWCD, indicating the amount of LSCRP storage capacity that is available to Oro Valley for the year in which this Agreement is executed. Thereafter, on or before November 15 of each year during the term of this Agreement, CAWCD shall return to Oro Valley the schedule, as adjusted by and acceptable to CAWCD, indicating the amount of LSCRP storage capacity that is available to Oro Valley for the following year. 8. WATER STORAGE RATE Each year under the term of this Agreement, CAWCD shall establish a per acre- foot recharge rate ("Annual Recharge Rate") for use of LSCRP storage capacity for the following year, in accordance with CAWCD's adopted Recharge Rate Policy. Oro Valley shall be obligated to pay CAWCD this annual Recharge Rate for each acre-foot of storage capacity used by Oro Valley during the year. Such payment shall be in accordance with the provisions of Section 13 below. 9. OPERATING AGENT: 9.1 CAWCD shall be responsible for operating the LSCRP. 9.2 CAWCD shall retain sole responsibility and authority for decisions relating to the LSCRP operating and maintenance practices, including maintenance scheduling and the selection of periods when maintenance will be done. 9.3 Whenever practicable, CAWCD shall inform Oro Valley ninety (90) days in advance of any matter which may substantially affect the LSCRP or the rights of Oro Valley. 10. DESTRUCTION/RECONSTRUCTION OF THE LSCRP: In the event of destruction of all or part of the LSCRP, CAWCD may repair or reconstruct the LSCRP, but CAWCD shall not be obligated to do so. 11. WATER MEASUREMENT AND ACCOUNTING: 11.1 CAWCD shall base its accounting for water delivered to the LSCRP on actual measurements, methods required by the Permit and/or generally accepted accounting and engineering practices. Page 3 of 10 11.2 CAWCD shall install and maintain a flow measurement system to measure the amount of water diverted from the CAP into the LSCRP. CAWCD shall test and maintain the accuracy of this system within plus or minus 5 percent of actual flows. 11.3 CAWCD shall determine evaporation losses representative of the conditions at or near the LSCRP using the method indicated in the Permit or using actual measurements, when available. Any other losses in the LSCRP shall be calculated using generally accepted engineering practices. 11.4 All losses that occur at the LSCRP, other than by evaporation, will be calculated using generally accepted engineering practices and water-level readings from the gages in the basins. 11.5 CAWCD shall prepare a monthly water accounting report of water stored at the LSCRP for Oro Valley. The report shall include the daily amount of water stored and the losses calculated as described in this Section. 11.6 CAWCD shall provide the ADWR with water accounting reports for the LSCRP as required by the Permit. 11.7 The water accounting reports prepared pursuant to this Section shall be sent to Oro Valley monthly and shall be retained by CAWCD for at least three years. 11.8 CAWCD shall provide Oro Valley copies of the LSCRP annual reports submitted to ADWR. 12. WATER QUALITY: Oro Valley shall indemnify and hold harmless CAWCD against all losses to third parties resulting ~from water quality degradation or harm to property caused by Oro Valley's use of the LSCRP, due to the commingling of Oro Valley Water with the groundwater. Further, Oro Valley waives any claim on its own behalf against CAWCD for water quality degradation or harm to property arising from such commingling, unless such claim is intended to enforce the indemnification provision of this Section; provided, however, that Oro Valley shall indemnify and hold harmless CAWCD only to the extent that indemnification is not provided to CAWCD by the State of Arizona pursuant to A.R.S. X45-898.01; and provided, further, however, that Oro Valley's indemnification shall only extend to the percentage of degradation attributable to the water stored on behalf of Oro Valley at the LSCRP under the terms of this Agreement. Oro Valley retains the right to claim over against any other entity, including CAWCD, storing water in the LSCRP in the amount proportionate to such amount stored by those other Page 4 of 10 entities. In no event shall CAWCD assume liability for water quality degradation resulting from the storage of water in the LSCRP, solely due to its performance of obligations as the operating agent under this Agreement. 13. BILLING AND PAYMENTS: 13.1 On or before the 15th day of each month, CAWCD will bill Oro Valley for each acre-foot of storage capacity used by Oro Valley during the previous month. The amount billed to Oro Valley shall be equal to the Annual Recharge Rate multiplied by the number of acre-feet of Oro Valley Water delivered to the LSCRP as measured at the LSCRP Turnout Structure. Oro Valley shall pay CAWCD within thirty (30) days of receipt of such bill. Payment is not contingent upon and is not related to Oro Valley's accrual of long-term storage credits from water stored at the LSCRP. 13.2 If payment due under this Agreement remains unpaid more than sixty (60) days after its due date, CAWCD may terminate this Agreement effective upon written notice to Oro Valley. In the event CAWCD terminates this Agreement, Oro Valley shall remain obligated to pay any outstanding balance. 14. AUTHORIZATIONS AND APPROVALS: Oro Valley shall be responsible for obtaining, at its own expense, any permits, authorizations and approvals required for the underground storage and recovery of water in the LSCRP or for Oro Valley's performance under this Agreement. Oro Valley shall keep CAWCD informed of its applications for such permits and authorizations. CAWCD will share information with Oro Valley to assist Oro Valley in its permit application. Oro Valley shall also be responsible for filing any annual reports or other documents necessary to maintain its right to Store water at the LSCRP. 15. LIABILITY 15.1 Each Party shall assume liability for its own negligence and shall indemnify the other against any damages the non-negligent Party incurs as a result of the negligent Party's action or inaction. 15.2 CAWCD shall assume no liability to Oro Valley for claims of damage resulting from CAWCD's decision to curtail or stop water flows to the LSCRP site during storm or emergency conditions. 15.3 CAWCD shall assume no liability to Oro Valley for quantities of recoverable or unrecoverable water stored underground or removed from underground storage; nor to replace water lost, unintentionally misdirected or otherwise failing to reach the underlying aquifer. CAWCD, Oro Valley Page 5 of 10 and any other entities storing water at the LSCRP shall share in any deficiency resulting from such lost, misdirected or otherwise unstored water in proportion to the amount of the LSCRP capacity it used at the time the deficiency accrued. 15.4 Liability, as described in Section 12 related to water stored in the LSCRP by Oro Valley prior to termination of this Agreement, shall remain with Oro Valley after termination of this Agreement. This Section 15.4 shall survive expiration or termination of this Agreement, and remain in full force and effect. 15.5 In the event any third party institutes an action against CAWCD, Oro Valley or other entities storing water at the LSCRP for claims arising from the activities undertaken pursuant to this Agreement, the parties named in the action shall meet to determine the procurement of legal counsel and the steps to take to defend against the action. 16. INSURANCE 16.1 During the term of this Agreement, unless otherwise agreed in writing by CAWCD, Oro Valley shall procure and maintain in force or cause to be procured and maintained in force the following types of insurance: 16.1.1 Commercial General Liability Insurance naming CAWCD as an additional insured, including bodily injury, personal injury, property damage, wrongful death, and contractual liability with a minimum limit of$1 ,000,000 per occurrence. 16.1 .2 Business Automobile Liability Insurance with a minimum limit of $1 ,000,000. 16.1 .3 Worker's Compensation as required by Arizona State law and Employees' Liability Insurance with limits of $1 ,000,000 per accident, $1 ,000,000 per employee per disease and $1 ,000,000 aggregate for disease. 16.1.4 Commercial Umbrella — combined single limit of $4,000,000. 16.2 Any insurance carried by CAWCD shall be excess and not contributory insurance to any insurance afforded hereunder. Oro Valley shall submit satisfactory proof of insurance to CAWCD prior to use of the LSCRP. Such proof of insurance shall be in the form of a certificate stating the coverage provided and that such insurance shall not be canceled until after thirty (30) days prior written notice thereof shall have been give to CAWCD. Page 6 of 10 16.3 With written approval of CAWCD, Oro Valley may self-insure or combine the coverages required by this Agreement with coverages outside the scope of that required by this Agreement. 16.4 If Oro Valley fails to acquire, provide or continue the insurance coverages required, CAWCD may terminate this Agreement immediately upon written notice to Oro Valley. 17. DEFAULT: 17.1 Oro Valley and CAWCD shall pay all monies and carry out all other performances, duties and obligations agreed to be paid and/or performed by them pursuant to this Agreement. A failure by Oro Valley or CAWCD to adhere to the covenants and obligations to be kept and performed by it shall be an act of default under this Agreement. 17.2 In the event of a default by CAWCD or Oro Valley, then, within thirty (30) days following notice of such default either Party may cure the default either by advancing the necessary funds and/or rendering the necessary performance. Such notice shall specify the existence and nature of such default. If such default is not remedied within the time specified, the non- defaulting party may terminate this Agreement upon 24 hours written notice. 18. UNCONTROLLABLE FORCES: Neither Party to this Agreement shall be considered in default in the performance of any of its obligations under this Agreement (other than obligations of Oro Valley to pay costs and expenses) when a failure of performance is due to Uncontrollable Forces. The term "uncontrollable forces" shall mean any cause beyond the control of the Party unable to perform such obligation, inctuding but not limited to, the failure of or threat of failure of facilities, flood, earthquake, storm, fire, lightning and other natural catastrophes, epidemic, war, riot, civil disturbance or disobedience, labor dispute, labor or material shortage, sabotage, government priorities and restraint by court order or public authority, and action or non-action by or failure to obtain the necessary authorizations or approvals from any governmental agency or authority not a Party to this Agreement, which by exercise of due diligence, it shall be unable to overcome. 19. RESOLUTION OF DISPUTES: A Party having a dispute under this Agreement that cannot be resolved by the Parties, may submit the dispute to arbitration. Arbitration shall be subject to the 411 following provisions: Page 7 of 10 19.1.1 Arbitration shall be binding only upon the consent of the Parties. 19.1.2 A Party wishing to submit a dispute to arbitration shall provide thirty (30) days written notice to the other party of its intent to pursue arbitration and shall name one arbitrator at that time. Within fifteen (15) days of receiving this notice, the other Party to the dispute shall name one arbitrator and give written notice to the other Party of its selection. The two selected arbitrators shall, within five (5) days of selection of the second arbitrator, jointly select a third arbitrator. 19.1.3 Within thirty (30) days from the selection of the third arbitrator, the arbitrators shall hold a hearing. Within thirty (30) days from the conclusion of the hearing, the arbitrators shall render a decision on the dispute. 19.1.4 Arbitration shall be subject to the Arizona Arbitration Act, Arizona Revised Statutes, Title 12, Chapter 9, Article 1. In the event of a conflict between this Agreement and the Arizona Arbitration Act, the provisions of this Agreement shall prevail. 19.1.5 A Party that is dissatisfied with the results of non-binding arbitration may pursue any other legal or equitable remedy not expressly provided for in this Section 19 and available to resolve the dispute. 20. ACTION PENDING RESOLUTION OF DISPUTES: Pending the-resolution of a dispute pursuant to Section 19, each Party shall proceed, to the extent legally permissible, in a manner consistent with this Agreement, and shall make payments required in accordance with the applicable provisions of this Agreement. Any amount paid by a Party pursuant to this Section 20 during the course of such dispute shall be subject to refund and adjustment upon a final resolution of any dispute involving an amount due. 21. GOVERNING LAWS This Agreement shall be governed by laws of the State of Arizona. 22. BINDING OBLIGATIONS: All of the obligations set forth in the Agreement shall bind CAWCD and its successors and assigns. This Agreement shall not be assigned by Oro Valley or accrue to Oro Valley's successor, nor shall the LSCRP capacity Page 8 of 10 use rights hereunder of Oro Valley be used by another party. CAWCD retains the right to sell, lease, assign or otherwise convey its ownership of the LSCRP to a third party. In such event, CAWCD may cancel this Agreement upon written notice to Oro Valley. 23. NOTICES: 23.1 Notice, demand or request provided for in this Agreement shall be in writing and shall be deemed properly served, given or made if delivered in person or sent by registered or certified mail, postage prepaid, to the persons specified below: Central Arizona Water Conservation District c/o General Manager P.O. Box 43020 Phoenix, AZ 85080-3020 Town of Oro Valley Tobin Rosen, Town Attorney 11000 N. LaCanada Drive Oro Valley, AZ 85737 11110. 23.2 A Party may, at any time, by notice to the other Party, designate desi nate different or additional persons or different addresses for the giving of notices. 24. THIRD PARTY BENEFICIARIES: This Agreement shall not be construed to create rights in, or to grant remedies to, any third party as a beneficiary of this Agreement or of any duty, obligation or undertaking established herein. - 25. WAIVER: The waiver by either Party of a breach of any term, covenant or condition in this Agreement shall not be deemed a waiver of any other term, covenant or condition or any subsequent breach of the same or any other term covenant or condition of this Agreement. 26. HEADINGS: Title and paragraph headings are for reference only and are not part of this Agreement. 27. ENTIRE AGREEMENT: The terms, covenants and conditions of this Agreement constitute the entire agreement between the Parties relative to the use of LSCRP IOW storage capacity, and no understandings standings or agreements not herein Page 9 of 10 expressly set forth shall be binding upon them. This Agreement may not be modified or amended in any manner unless in writing and signed by both Parties. IN WITNESS WHEREOF, this Agreement is executed by the Parties hereto. CENTRAL ARIZONA WATER CONSERVATION DISTRICT By: Susan Bitter Smith, President Attest: Secretary TOWN OF ORO VALLEY By: Philip C. Saletta, P.E., Water Utility Director ATTEST: APPROVED AS TO FORM: Kathryn E. Cuvelier, Town Clerk Tobin Rosen, Town Attorney Date: Date: P:\lo\Water Storage Agreement Town of Oro Valley -LSCRP Page 10 of 10 • EXHIBIT 44 c, AGREEMENT PIMA MINE ROAD RECHARGE PROJECT 1110 \\Legal\sharefiles\Water Utility\Projects\CAP\Resolution-CAWCD Storage Agreements.doc Town of Oro Valley/ca/I02708 AGREEMENT FOR STORAGE OF WATER AT THE PIMA MINE ROAD RECHARGE PROJECT 1. PARTIES: This agreement is made and entered into the day of 2008, by and between the CENTRAL ARIZONA WATER CONSERVATION DISTRICT, hereinafter referred to as "CAWCD", and the TOWN OF ORO VALLEY, hereinafter referred to as "Oro Valley". 2. RECITALS: 2.1 CAWCD and the City of Tucson have executed the Pima Mine Road Recharge Project Intergovernmental Agreement ('IGA"), which provides for, among other things, the construction and operation of the Pima Mine Road Recharge Project-Phases I and II (the "Expanded PMRRP"). CAWCD is responsible for operating the Expanded Pima Mine Road Recharge Project ("PMRRP"), an underground storage facility that is located in the Tucson Active Management Area, east of the Central Arizona Project terminus near Pima Mine Road. ' ' 2.2 ADWR has issued CAWCD a Constructed Underground Storage Facility Permit (Permit No. 71-577501.0001) for the Expanded PMRRP. The Permit authorizes the underground storage of a maximum of 30,000 acre- feet of water annually at the Expanded PMRRP. The Expanded PMRRP is a State Demonstration Recharge Project pursuant to A.R.S. X45-891.01 et seq. 2.3 Under the terms of the IGA, CAWCD is the Operating Agent for the Expanded PMRRP, and as such, is the designated agent for the City of Tucson for, among other things, the leasing of storage capacity in the Expanded PMRRP. 2.4 Oro Valley desires to store CAP water at the Expanded PMRRP and CAWCD agrees to make available unused storage capacity at the Expanded PMRRP for such storage, in accordance with the provisions of this Agreement. NOW THEREFORE, in consideration of the foregoing, the payments to be paid by Oro Valley, and the covenants and agreements contained in this Agreement, and other good and valuable consideration, CAWCD and Oro Valley agree as follows: 1111. Page 1 of 11 3. DEFINITIONS: As used in this Agreement, the following terms, when capitalized, have the following meanings: 3.1 ADWR: The Arizona Department of Water Resources. 3.2 CENTRAL ARIZONA PROJECT (CAP): The water delivery works of the CAP including, but not limited to, the CAP canal, its turnout structures and associated measuring devices. 3.3 EXPANDED PMRRP TURNOUT STRUCTURE: The point on the CAP aqueduct at which CAP water is diverted into the Expanded Pima Mine Road Recharge Project pipeline for delivery to the Expanded PMRRP. 3.4 ORO VALLEY WATER: CAP water scheduled by Oro Valley under the terms of its Excess Water Contract and/or CAP Water Service Subcontract. 3.5 IGA: The Pima Mine Road Recharge Project Intergovernmental Agreement between CAWCD and the City of Tucson dated May 18, 2000, and any amendments or supplements thereto. 3.6 PARTY/PARTIES: Either one or both of the parties to this Agreement. 3.7 PERMIT: The Constructed Underground Storage Facility Permit issued by the ADWR for the Expanded PMRRP facility, permit no. 71-577501.0001 . 4. SCOPE OF SERVICES: This Agreement is limited to the transportation of Oro Valley Water through the Expanded PMRRP Turnout to Oro Valley and storage of such water at the Expanded PMRRP by CAWCD for the benefit of Oro Valley. CAWCD shall deliver Oro Valley Water, which is scheduled by Oro Valley for storage at the Expanded PMRRP in accordance with this Agreement, and CAWCD shall store such water underground at the Expanded PMRRP for the benefit of Oro Valley. 5. TERM OF AGREEMENT: This Agreement shall become effective when executed by both Parties and shall remain in effect for ten (10) years unless the Parties agree in writing to extend the term or unless it is sooner terminated or canceled in accordance with the terms of this Agreement. 6. CONDITIONS RELATING TO STORAGE: 6.1 All storage of Oro Valley water at the Expanded PMRRP shall be consistent with Arizona law. 6.2 Oro Valley shall obtain a water storage permit from ADWR authorizing it to store Oro Valley Water at the Expanded PMRRP. Page 2 of 11 6.3 CAWCD's storage of Oro Valley Water at the Expanded PMRRP shall, at all times, comply with the Permit. CAWCD shall be responsible for filing annual reports as required by the Permit. CAWCD shall promptly notify Oro Valley of any changes or modifications to the Permit that would affect Oro Valley's rights under this Agreement. If the Permit is canceled or expires for any reason, Oro Valley may terminate this Agreement. 7. PROCEDURE FOR SCHEDULING STORAGE CAPACITY 7.1 As soon as practicable after the date of execution of this Agreement, Oro Valley shall submit to CAWCD a proposed schedule indicating the amount of Expanded PMRRP storage capacity it desires to use during the year in which this Agreement is executed. Thereafter, on or before October 1 of each year during the term of this Agreement, Oro Valley shall submit to CAWCD a proposed schedule indicating the amount of Expanded PMRRP storage capacity Oro Valley desires to use during the following year. 7.2 As soon as practicable after receipt of Oro Valley's proposed schedule following the execution of this Agreement, CAWCD shall return to Oro Valley the schedule, as adjusted by and acceptable to CAWCD, indicating the amount of Expanded PMRRP storage capacity that is available to Oro NNW Valley for the year in which this Agreement is executed. Thereafter, on or before November 15 of each year during the term of this Agreement, CAWCD shall return to Oro Valley the schedule, as adjusted by and acceptable to CAWCD, indicating the amount of Expanded PMRRP storage capacity that is available to Oro Valley for the following year. 8. WATER STORAGE RATE Each year under the term of this Agreement, CAWCD shall establish a per acre- foot recharge rate ("Annual Recharge Rate") for use of Expanded PMRRP storage capacity for the following year, in accordance with CAWCD's adopted Recharge Rate Policy. Oro Valley shall be obligated to pay CAWCD this annual Recharge Rate for each acre-foot of storage capacity used by Oro Valleyduring 9 the year. Such payment shall be in accordance with the provisions of Section 13 below. 9. OPERATING AGENT: 9.1 CAWCD shall be responsible for operating the Expanded PMRRP. 9.2 CAWCD shall retain sole responsibility and authority for decisions relating to the Expanded PMRRP operating and maintenance practices, including Page 3 of 11 maintenance scheduling and the selection of periods when maintenance will be done. 9.3 Whenever practicable, CAWCD shall inform Oro Valley ninety (90) days in advance of any matter which may substantially affect the Expanded PMRRP or the rights of Oro Valley. 10. DESTRUCTION/RECONSTRUCTION OF THE EXPANDED PMRRP: In the event of destruction of all or part of the Expanded PMRRP, CAWCD may repair or reconstruct the Expanded PMRRP, but CAWCD shall not be obligated to do so. 11. WATER MEASUREMENT AND ACCOUNTING: 11 .1 CAWCD shall base its accounting for water delivered to the Expanded PMRRP on actual measurements, methods required by the Permit and/or generally accepted accounting and engineering practices. 11 .2 CAWCD shall install and maintain a flow measurement system to measure the amount of water diverted from the CAP into the Expanded PMRRP. CAWCD shall test and maintain the accuracy of this system within plus or minus 5 percent of actual flows. 11 .3 CAWCD shall determine evaporation losses representative of the conditions at or near the Expanded PMRRP using the method indicated in the Permit or using actual measurements, when available. Any other losses in the Expanded PMRRP shall be calculated using generally accepted engineering practices. 11 .4 All losses that occur at the Expanded PMRRP, other than by evaporation, will be calculated using generally accepted engineering practices and water-level readings from the gages in the basins. 11 .5 CAWCD shall prepare a monthly water accounting report of water stored at the Expanded PMRRP for Oro Valley. The report shall include the daily amount of water stored and the losses calculated as described in this Section. 11 .6 CAWCD shall provide the ADWR with water accounting reports for the Expanded PMRRP as required by the Permit. 11.7 The water accounting reports prepared pursuant to this Section shall be sent to Oro Valley monthly and shall be retained by CAWCD for at least three years. 11 .8 CAWCD shall provide Oro Valley copies of the Expanded PMRRP annual reports submitted to ADWR. Page 4 of 11 • 12. WATER QUALITY: Oro Valley shall indemnify and hold harmless CAWCD against all losses to third parties resulting from water quality degradation or harm to property caused by Oro Valley's use of the Expanded PMRRP, due to the commingling of Oro Valley Water with the groundwater. Further, Oro Valley waives any claim on its own behalf against CAWCD for water quality degradation or harm to property arising from such commingling, unless such claim is intended to enforce the indemnification provision of this Section; provided, however, that Oro Valley shall indemnify and hold harmless CAWCD only to the extent that indemnification is not provided to CAWCD by the State of Arizona pursuant to A.R.S. X45-898.01; and provided, further, however, that Oro Valley's indemnification shall only extend to the percentage of degradation attributable to the water stored on behalf of Oro Valley at the Expanded PMRRP under the terms of this Agreement. Oro Valley retains the right to claim over against any other entity, including CAWCD, storing water in the Expanded PMRRP in the amount proportionate to such amount stored by those other entities. In no event shall CAWCD assume liability for water quality degradation resulting from the storage of water in the Expanded PMRRP, solely due to its performance of obligations as the operating agent under this Agreement. 13. BILLING AND PAYMENTS: 13.1 On or before the 15th day of each month, CAWCD will bill Oro Valley for each acre-foot of storage capacity used by Oro Valley during the previous month. The amount billed to Oro Valley shall be equal to the Annual Recharge Rate multiplied by the number of acre-feet of Oro Valley Water delivered to the Expanded PMRRP as measured at the Expanded PMRRP Turnout Structure. Oro Valley shall pay CAWCD within thirty (30) days of receipt of such bill. Payment is not contingent upon and is not related to Oro Valley's accrual of long-term storage credits from water stored at the Expanded PMRRP. 13.2 If payment due under this Agreement remains unpaid more than sixty (60) days after its due date, CAWCD may terminate this Agreement effective upon written notice to Oro Valley. In the event CAWCD terminates this Agreement, Oro Valley shall remain obligated to pay any outstanding balance. Page 5 of 11 14. AUTHORIZATIONS AND APPROVALS: Oro Valley shall be responsible for obtaining, at its own expense, any permits, authorizations and approvals required for the underground storage and recovery of water in the Expanded PMRRP or for Oro Valley's performance under this Agreement. Oro Valley shall keep CAWCD informed of its applications for such permits and authorizations. CAWCD will share information with Oro Valley to assist Oro Valley in its permit application. Oro Valley shall also be responsible for filing any annual reports or other documents necessary to maintain its right to store water at the Expanded PMRRP. 15. LIABILITY 15.1 Each Party shall assume liability for its own negligence and shall indemnify the other against any damages the non-negligent Party incurs as a result of the negligent Party's action or inaction. 15.2 CAWCD shall assume no liability to Oro Valley for claims of damage resulting from CAWCD's decision to curtail or stop water flows to the Expanded PMRRP site during storm or emergency conditions. 15.3 CAWCD shall assume no liability to Oro Valley for quantities of recoverable or unrecoverable water stored underground or removed from underground storage; nor to replace water lost, unintentionally misdirected or otherwise failing to reach the underlying aquifer. CAWCD, Oro Valley and any other entities storing water at the Expanded PMRRP shall share in any deficiency resulting from such lost, misdirected or otherwise unstored water in proportion to the amount of the Expanded PMRRP capacity it used at the time the deficiency accrued. 15.4 Liability, as described in Section 12 related to water stored in the Expanded PMRRP by Oro Valley prior to termination of this Agreement, shall remain with Oro Valley after termination of this Agreement. This Section 15.4 shall survive expiration or termination of this Agreement, and remain in full force and effect. 15.5 In the event any third party institutes an action against CAWCD, Oro Valley or other entities storing water at the Expanded PMRRP for claims arising from the activities undertaken pursuant to this Agreement, the parties named in the action shall meet to determine the procurement of legal counsel and the steps to take to defend against the action. Page 6 of 11 1 4.0 16. INSURANCE 16.1 During the term of this Agreement, unless otherwise agreed in writing by CAWCD, Oro Valley shall procure and maintain in force or cause to be procured and maintained in force the following types of insurance: 16.1 .1 Commercial General Liability Insurance naming CAWCD as an additional insured, including bodily injury, personal injury, property damage, wrongful death, and contractual liability with a minimum limit of$1,000,000 per occurrence. 16.1.2 Business Automobile Liability Insurance with a minimum limit of$1,000,000. 16.1 .3 Worker's Compensation as required by Arizona State law and Employees' Liability Insurance with limits of $1,000,000 per accident, $1,000,000 per employee per disease and $1,000,000 aggregate for disease. 16.1.4 Commercial Umbrella — combined single limit of$4,000,000. 16.2 Any insurance carried by CAWCD shall be excess and not contributory insurance to any insurance afforded hereunder. Oro Valley shall submit satisfactory proof of insurance to CAWCD prior to use of the Expanded fir' PMRRP. Suchroof of insurance shall be in the form p of a certificate stating the coverage provided and that such insurance shall not be canceled until after thirty (30) days prior written notice thereof shall have been give to CAWCD. 16.3 With written approval of CAWCD, Oro Valley may self-insure or combine the coverages required by this Agreement with coverages outside the scope of that required by this Agreement. 16.4 If Oro Valley fails to acquire, provide or continue the insurance coverages required, CAWCD may terminate this Agreement immediately upon written notice to Oro Valley. 17. DEFAULT: 17.1 Oro Valley and CAWCD shall pay all monies and carry out all other performances, duties and obligations agreed to be paid and/or performed by them pursuant to this Agreement. A failure by Oro Valley or CAWCD to adhere to the covenants and obligations to be kept and performed by it shall be an act of default under this Agreement. 17.2 In the event of a default by CAWCD or Oro Valley, then, within thirty (30) days following notice of such default either by advancing the necessary NIP Page 7 of 11 funds and/or rendering the necessary performance. Such notice shall specify the existence and nature of such default. If such default is not remedied within the time specified, the non-defaulting party may terminate this Agreement upon 24 hours written notice. 18. UNCONTROLLABLE FORCES: Neither Party to this Agreement shall be considered in default in the performance of any of its obligations under this Agreement (other than obligations of Oro Valley to pay costs and expenses). The term "uncontrollable forces" shall mean any cause beyond the control of the Party unable to perform such obligation, including but not limited to, the failure of or threat of failure of facilities, flood, earthquake, storm, fire, lightning and other natural catastrophes, epidemic, war, riot, civil disturbance or disobedience, labor dispute, labor or material shortage, sabotage, government priorities and restraint by court order or public authority, and action or non-action by or failure to obtain the necessary authorizations or approvals from any governmental agency or authority not a Party to this Agreement, which by exercise of due diligence, it shall be unable to overcome. 19. RESOLUTION OF DISPUTES: A Party having a dispute under this Agreement that cannot be resolved by the Parties, may submit the dispute to arbitration. Arbitration shall be subject to the following provisions: 19.1 .1 Arbitration shall be binding only upon the consent of the Parties. 19.1 .2 A Party wishing to submit a dispute to arbitration shall provide thirty (30) days written notice to the other party of its intent to pursue arbitration and shall name one arbitrator at that time. Within fifteen (15) days of receiving this notice, the other Party to the dispute shall name one arbitrator and give written notice to the other Party of its selection. The two selected arbitrators shall, within five (5) days of selection of the second arbitrator, jointly select a third arbitrator. 19.1.3 Within thirty (30) days from the selection of the third arbitrator, the arbitrators shall hold a hearing. Within thirty (30) days from the conclusion of the hearing, the arbitrators shall render a decision on the dispute. 19.1.4 Arbitration shall be subject to the Arizona Arbitration Act, Arizona Revised Statutes, Title 12, Chapter 9, Article 1. In Page 8 of 11 the event of a conflict between this Agreement and the Arizona Arbitration Act, the provisions of this Agreement shall prevail. 19.1.5 A Party that is dissatisfied with the results of non-binding arbitration may pursue any other legal or equitable remedy q not expressly provided for in this Section 19 and available to resolve the dispute. 20. ACTION PENDING RESOLUTION OF DISPUTES: Pending the resolution of a dispute pursuant to Section 19, each Party shall proceed, to the extent legally permissible, in a manner consistent with this Agreement, and shall make payments required in accordance with the applicable provisions of this Agreement. Any amount paid by a Party pursuant to this Section 20 during the course of such dispute shall be subject to refund and adjustment upon a final resolution of any dispute involving an amount due. 21. GOVERNING LAWS This Agreement shall be governed by laws of the State of Arizona. 22. BINDING OBLIGATIONS: All of the obligations set forth in the Agreement shall bind CAWCD and its successors and assigns. This Agreement shall not be assigned g g s gned by Oro Valley or accrue to Oro Valley's successor, nor shall the Expanded PMRRP capacity use rights hereunder of Oro Valley be used by another party. CAWCD retains the right to sell, lease, assign or otherwise convey its ownership of the Expanded PMRRP to a third party. In such event, CAWCD may cancel this Agreement upon written notice to Oro Valley. 23. NOTICES: 23.1 Notice, demand or request provided for in this Agreement shall be in writing and shall be deemed properly served, given or made if delivered in person or sent by registered or certified mail, postage prepaid, to the persons specified below: Central Arizona Water Conservation District c/o General Manager P.O. Box 43020 Phoenix, AZ 85080-3020 111.0 Page 9 of 11 Town of Oro Valley c/o Town Attorney 11000 N. LaCanada Drive Oro Valley, AZ 85737 23.2 A Party may, at any time, by notice to the other Party, designate different or additional persons or different addresses for the giving of notices. 24. THIRD PARTY BENEFICIARIES: This Agreement shall not be construed to create rights in, or to grant remedies to, any third party as a beneficiary of this Agreement or of any duty, obligation or undertaking established herein. 25. WAIVER: The waiver by either Party of a breach of any term, covenant or condition in this Agreement shall not be deemed a waiver of any other term, covenant or condition or any subsequent breach of the same or any other term covenant or condition of this Agreement. 26. HEADINGS: Title and paragraph headings are for reference only and are not part of this Agreement. 27. ENTIRE AGREEMENT: The terms, covenants and conditions of this Agreement constitute the entire agreement between the Parties relative to the use of Expanded PMRRP storage capacity, and no understandings or agreements not herein expressly set forth shall be binding upon them. This Agreement may not be modified or amended in any manner unless in writing and signed by both Parties. IN WITNESS WHEREOF, this Agreement is executed by the Parties hereto. CENTRAL ARIZONA WATER CONSERVATION DISTRICT By: Susan Bitter Smith, President Attest: Secretary Page 10 of 11 TOWN OF ORO VALLEY By: Philip C. Saletta, P.E., Water Utility Director ATTEST: APPROVED AS TO FORM: Kathryn E. Cuvelier, Town Clerk Tobin Rosen, Town Attorney Date: Date: P.\lo\Water Storage Agreement\Oro Valley-PMRRP • Page 11 of 11 TOWN OF ORO VALLEY 2 Page 1 of 3 tor''OUNCIL COMMUNICATION MEETING DATE: November 5,2008 TO: HONORABLE MAYOR AND COUNCIL FROM: Philip C. Saletta, P.E. Water Utility Director Shirley Seng,Water Utility Administrator SUBJECT: Public Hearing—Resolution No. (R) 08- 77 A Resolution of the Mayor and Council of the Town of Oro Valley, Arizona to Establish and Increase Water Rates, Fees and Charges for the Oro Valley Water Utility. SUMMARY: One of the responsibilities of the Oro Valley Water Utility Commission is to forward a recommendation on water rates to the Town Council. Utility Staff performed 23 different financial scenarios that encompass a wide range of options for the water rate design. The financial analyses were based on review of the Utility's estimated cash reserves and revenue requirements which included costs related to personnel, operations/maintenance, capital improvements and existing and future debt service. All financial scenarios meet the Utility's bond covenants and financial guidelines under the Water Policies approved by the Council and were detailed in the Water Rates Analysis Report and the Addendum to the Water Rates Analysis Report. On October 13, 2008 the Water Utility Commission passed a motion to recommend the Preferred Financial Scenario to the Mayor and Council. The Commission's recommendation was based on the following: 4111' ➢ The need to increase water rates for financial sustainability. ➢ The desire to reward lower water users while being cognizant of impact to high water users. ➢ The addition of more tiers to the water rate design would result in significant increases to customers that require large volumes of water to operate their businesses. This includes the hospital, biotech research companies, large multi-family residential customers and schools. ➢ The Utility changed its tiered rate structure from 3 tiers to 4 tiers in 2007. Customers need additional time to adjust and implementing another change in tiers should be done gradually. ➢ Not increasing and/or decreasing the base rates would create an even greater increase to the customers requiring large volumes of water to operate their businesses. ➢ The Preferred Financial Scenario has the least overall impact to a broader range of customers, an important factor given the current economic conditions. The following highlights the proposed changes for water rates, fees and charges included in the Preferred Financial Scenario: ➢ The base rates for both potable and reclaimed water rates increase by 5%. ➢ The 4-tier rate structure will remain the same. ➢ The commodity rates for all tiers will increase by 5%. ➢ The water use contained within specific tiers is proposed to change to conform to generally accepted rate setting practices on the following meter sizes: 3/4 x 3/4 , 1, 11/2 , 3, 6 & 8 inch meters a TOWN OF ORO VALLEY Page 2 of 3 COUNCIL COMMUNICATION MEETING DATE: November 5, 200? 00 > The reclaimed commodity rate will increase by 5% to remain equal to the potable water rate for Tier 1. > Increase the construction water rate from $6.00 to $6.25 per 1,000 gallons for construction water from the potable water system. Construction water from the reclaimed water system will also increase by 5% and will be equal to the reclaimed water commodity rate at $2.18 per 1,000 gallons. > Increase the Groundwater Preservation Fee for potable water customers by $0.15 per 1,000 gallons from $0.40 to $0.55 per 1,000 gallons. > Increase the Groundwater Preservation Fee for reclaimed water customers by $0.05 per 1,000 gallons from $0.25 to $0.30 per 1,000 gallons. > Establish a Convenience Fee of$1.50 per transaction to process credit card payments by telephone. > Increase the existing meter installation fees to recover labor and material costs that include Automated Meter Reading (AMR) technology. Fees for the installation of AMR will be applied to new meters for new development and customer requested meter replacements. This fee will not apply to meters replaced under the Water Utility's Meter Replacement Program. The Commission does not recommend the establishment of a Conservation Charge at this time. However, if the Council chooses to adopt a Conservation Charge, the Commission prefers the Volumetric Conservation Charge of$0.04 per 1,000 gallons for individually metered residential customers that use over 6,000 gallons of water in a billing cycle. During calendar year 2007, sixty five percent (65%) of the residential customers with a 5/8 x 3/4 inch water t)meter averaged water use of 9,000 gallons or less per month. If the proposed rates are adopted, the avera customer using 9,000 gallons would experience an 8.1% increase which equates to $2.99 per mont . Individual increases in water bills will depend on the volume of water a customer uses. The more water a customer uses, the more they will pay. A significant portion of the 8.1% increase is due to the increase in the Groundwater Preservation Fee (GPF) which amounts to 3.7% of the increase in the average water bill. The GPF increase is needed at this time to cover increased debt due to the recent debt financing through the Arizona Water Infrastructure Financing Authority for the completion of Phase 2 of the Reclaimed Water Delivery System. Phase 2 will save an additional 326 million gallons of groundwater per year. As required by Arizona Revised Statutes, the Notice of Intent to Increase Water Rates was published in the Daily Territorial on September 29, 2008, more than 20 days prior to the public hearing date and the Water Rates Analysis Report and the Addendum to the Water Rates Analysis Report were made available for public review. Although not required by statute, in October, the Utility also mailed a letter to each customer that provided the public hearing information and explained the proposed water rate increases. Additionally, the proposed rates, the Rate Report and the Addendum were placed on the Utility's web site. The financial projections include a 5-year analysis; however, the request for approval of water rates is made on an annual basis. If the proposed rates are adopted on November 5, 2008 they would become effective December 6, 2008. The Council has the option to adopt any of rates proposed in the Water Rates Analysis TOWN OF ORO VALLEY Page 3 of 3 "OUNCIL COMMUNICATION MEETING DATE: November 5,2008 Iltiw Report or the Addendum to the Water Rates Analysis Report as identified in the Notice of Intent. Additionally, the Council may adopt any rate lower than those proposed in the Notice of Intent, but may not adopt a rate higher than those proposed in the Notice of Intent. FISCAL IMPACT: The proposed water rates allow the Utility to recover the costs associated with the operation and maintenance of the Oro Valley Water Utility, meet debt service coverage requirements and cash reserve requirements. COMMISSION RECOMMENDATION: The Oro Valley Water Utility Commission recommends adoption of the Preferred Financial Scenario which includes the proposed fees detailed in Resolution No. (R) 08- 77 STAFF RECOMMENDATION: Staff concurs with the Commission's recommendation. ATTACHMENTS: 1. Resolution No. (R) 08- 77 2. Copy of notice published in the Daily Territorial 3. Copy of letter to customers SUGGESTED MOTIONS: Illow I move to approve Resolution No. (R) 08- 77 Or I move to r. , \ iv ) 4 , c._ - bi- -L `----) I u .---' Shirley Seng, WateUtility Ad inistrator pi,:c", c1,64,7„...._ Philip C. aletta, Water Utility Director a,,,,,- ef% \41‘.4-, -- David Andrews, Town Manager RESOLUTION NO. (R) 08- 77 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, TO ESTABLISH AND INCREASE WATER RATES, FEES AND CHARGES FOR THE ORO VALLEY WATER UTILITY. WHEREAS, the Town of Oro Valley is a political subdivision of the State of Arizona vested with all associated rights, privileges and benefits and is entitled to the immunities and exemptions granted municipalities and political subdivisions under the Constitution and laws the State of Arizona and the United States; and WHEREAS, pursuant to ARS § 9-511, et seq., the Town has the requisite statutory authority ty to acquire, own and maintain a water utility for the benefit of the residents within and without the Town's corporate boundaries; and WHEREAS, pursuant to ARS § 9-511, et seq., the Town finds it necessaryestablish to and increase water rates, fees and charges for the Oro Valley Water Utility, which increase is described in Exhibit"A", attached hereto; and WHEREAS, the Mayor and Council held study sessions regarding the increase water . g g rates, fees and charges on April 9, 2008, June 11, 2008, August 13, 2008 and October 8, 2008; and WHEREAS, on September 17, 2008, Mayor and Council approved Resolution 08-70, providing p ng Notice of Intent to establish and increase water rates, fees and charges; and WHEREAS, Mayor and Council held a Public Hearing to deliberate and vote on thero p posed increase in water rates on November 5, 2008. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town y of Oro Valley, Arizona, that: 1. The Oro Valley Water Utility rates be increased as described in Exhibit"A", attached hereto. 2. The Mayor of the Town of Oro Valley and other administrative officials are hereby authorized to take such steps as are necessary to implement the new rates and rate increases effective thirty (30) days from the date of this Resolution. PASSED AND ADOPTED by the Mayor and Council of the Town of Oro Valle 5th Novembery, Arizona this day of 2008. TOWN OF ORO VALLEY co, Paul H. Loomis, Mayor F:\Individual Files\sseng\Water Rates Analysis.2008\Resolution for Rate Increase 2008 final.docOffice of the Town Attorney/sb/101508 r► w ATTEST: APPROVED AS TO FORM: Kathryn E. Cuvelier, Town Clerk Tobin Rosen, Town Attorney Date: Date: • . 1 1 EXHIBIT A ORO VALLEY WATER UTILITY WATER RATE SCHEDULE POTABLE WATER RATES MONTHLY BASE RATES & COMMODITY CHARGES METER BASE COMMODITY COMMODITY COMMODITY COMMODITY SIZE RATE TIER 1 TIER 2 TIER 3 TIER 4 (inches) (includes 0 gallons) PER 1,000 GALS. PER 1,000 GALS. PER 1,000 GALS. PER 1,000 GALS. 5/8 x 3/4 $13.91 $2.18 $2.95 $3.95 $5.25 3/4 x 3/4 $20.87 $2.18 $2.95 $3.95 $5.25 1 $34.78 $2.18 $2.95 $3.95 $5.25 11/2 $69.56 $2.18 $2.95 $3.95 $5.25 2 $111.30 $2.18 $2.95 $3.95 $5.25 3 $222.60 $2.18 $2.95 $3.95 $5.25 4 $347.81 $2.18 $2.95 $3.95 $5.25 6 $695.63 $2.18 $2.95 $3.95 $5.25 8 $1,113.00 $2.18 $2.95 $3.95 $5.25 USAGE INCLUDED IN TIERS METER GALLONS GALLONS GALLONS GALLONS SIZE IN TIER 1 IN TIER 2 IN TIER 3 IN TIER 4 5/8 x 3/4 0-7,000 7,001 - 16,000 16,001 -32,000 Over 32,000 3/4 x 3/4 0- 10,000 10,001 -24,000 24,001 -48,000 Over 48,000 1 0- 17,000 17,001 -40,000 40,001 -80 000 Over 80,000 11/2 0-35,000 35,001 -80,000 80,001 - 160,000 Over 160,000 2 0-56,000 56,001 - 128,000 128,001 -256,000 Over 256,000 3 0- 112,000 112,001 -256,000 256,001 -512,000 Over 512,000 4 0- 175,000 175,001 -400,000 400,001 -800,000 Over 800,000 6 0-860,000 860,001 -2,000,000 2,000,001 -3,500,000 Over 3,500,000 8 0-860,000 860,001 -2,000,000 2,000,001 -3,500,000 Over 3,500,000 GROUNDWATER PRESERVATION FEE: $0.55 PER 1,000 GALLONS CONSTRUCTION WATER RATE: $6.25 PER 1,000 GALLONS CREDIT/DEBIT CARD CONVENIENCE FEE: $1.50 PER TRANSACTION Exhibit A Page 1 of 3 . . EXHIBIT 'A' ORO VALLEY WATER UTILITY WATER RATE SCHEDULE RECLAIMED WATER RATES MONTHLY BASE RATES METER BASE SIZE RATE (inches) (includes 0 gallons) 5/8 x 3/4 $13.91 3/4 x 3/4 $20.87 1 $34.78 11/2 $69.56 2 $111.30 3 $222.60 4 $347.81 6 $695.63 8 $1,113.00 COMMODITY CHARGE: $2.18 PER 1,000 GALLONS GROUNDWATER PRESERVATION FEE: $0.30 PER 1,000 GALLONS CONSTRUCTION WATER RATE: $2.18 PER 1,000 GALLONS CREDIT/DEBIT CARD CONVENIENCE FEE: $1.50 PER TRANSACTION Exhibit A Page 2 of 3 EXHIBIT 'A' ORO VALLEY WATER UTILITY WATER RATE SCHEDULE METER FEES INCLUDING AMR TECHNOLOGY METER COSTS LABOR COSTS TOTAL METER SIZE METER TYPE INCLUDING TO INSTALL METER FEES (in inches) AMR EQUIPMENT METERS (Excluding Tax) 5/8 x 3/4 standard $232.00 $15.00 $247.00 3/4 x 3/4 standard $236.00 $15.00 $251.00 1 standard $289.00 $30.00 $319.00 11/2 standard $690.00 $60.00 $750.00 1% irrigation (turbo) $940.00 $60.00 $1,000.00 2 standard $828.00 $90.00 $918.00 2 irrigation (turbo) $1,168.00 $90.00 $1,258.00 2 high use (compound) $1,670.00 $90.00 $1,760.00 3 irrigation (turbo) $1,410.00 $120.00 $1,530.00 3 high use (compound) $2,080.00 $120.00 $2,200.00 4 irrigation (turbo) $2,568.00 $270.00 $2,838.00 4 high use (compound) $3,267.00 $270.00 $3,537.00 6 irrigation (turbo) $4,122.00 $540.00 $4,662.00 6 high use (compound) $5,820.00 $540.00 $6,360.00 8 _ irrigation (turbo) $5,753.00 $720.00 $6,473.00 Meter Costs are subject to 8.1% sales tax. 0 Exhibit A Page 3 of 3 11 -5 -cg Town of Oro Valley Public Hearing to Establish and Increase Water Rates, Fees & Charges for the Oro Valley Water Utility November 5, 2008 Background • Notice of Intent Approved — September 17, 2008 — Began the formal process to increase rates — Established Public Hearing date for November 5, 2008 • WaterRates Analysis Report & Addendum — Available for public review on September 18, 2008 • Notice of Public Hearing published on September 29, 2008 • Council Study Session held on October 8, 2008 • Water Utility Recommended Preferred Scenario on October 13, 2008 • Mailed notice to customers on October 24, 2008 • All notice requirements have been met 1 Financial Considerations • Analysis of three funds within the Utility Enterprise, AWRDIF and PWSDIF • Mayor & Council Water Policies Debt service coverage ratio of 1.30 Cash reserves of 5% of budget Minimize rate shock • Existing cash reserves • Capital expenditures • American Water Works Association rate setting principles & methodology • Original report reviewed by Red Oak Consulting --\\Nc„ , Water Rates Analysis • Water Rates Analysis Report — Preferred Financial Scenario — Alternate Financial Scenario • Addendum — Scenarios in Addendum performed to consider: • Reward those conserving • Additional tiers and changing range of tiers • Reduction or no increase in base rate — Scenarios R & S — Additional Scenarios K,L,M, N, P • rxeate srgnrrecann race spark — Includes scenarios with conservation charge • WUC reviewed all scenarios and recommends the Preferred Financial Scenario 2 6 eiltetk.t x,14__ 743L= 1 03:2 is for 5.8"x1'4''rM31iir'meters. • 25 0,16. 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Customer Analysis • Scenarios R, S, K, L, M, N and P - Base rate not increased or was reduced • Problematical due to revenue decrease for fixed costs - Add more tiers - These create significant increases for large water users such as multi-family, commercial and irrigation - Large water users • La Cholla Air Park • Northwest Hospital • Ventana Medical • Sun City Community Association • Schools (athletic fields) • Apartment Complexes 3 } Preferred Financial Scenario • Base Rates & Commodity Rates - 5% "across the board" increase for potable and reclaimed water • Four-tier rate structure — Adjust usage in tiers for various meter sizes • Increase potable construction water rate from $6.00 to $6.25 per 1,000 gallons • Increase reclaimed construction water rate equal to reclaimed commodity rate • Increase Meter Fees • Establish $1.50 Convenience Fee for credit card transactions by telephone and/or by mail - � v Customer Analysis • 64% of all customers use 10,000 gallons or less per month • 31% of all customers use 5,000 gallons or less per month • 9.8% of all customers use 2,000 gallons or less per month • Average customer uses 9,000 gallons per month 4 Financial Impact to Customers for Preferred Financial Scenario • Average residential customer using 9,000 gals. — Would realize an increase of$2.99 per month • Total increase in monthly bill is 8.1% — Water rates is a 4.4% increase for total monthly bill — Groundwater Preservation Fees is a 3.7% increase for total monthly bill Groundwater Preservation Fee • A component of the rate increase is the Groundwater Preservation Fee (GPF) • GPF Increase — Comprises approximately 3.7% of total increase — Just less than one-half of the 8.1% increase for the average customer(Preferred Scenario) • The GPF pays for Renewable Water — Existing debt for the Reclaimed Water System — Future debt for CAP Water Delivery System 5 Review of Schedule • 09/17 Town Council —Adopted Notice of Intent ' • 09/29 Notice of Intent Resolution published • 10/08 Town Council Study Session on Rates • 10/13 WUC — Review and Recommendation • 10/24 Mailed Public Hearing notice to customers • 11/05 Public Hearing to consider rate increase • 12/06 If adopted, new water rates are effective Recommendation • Water Utility Commission recommends the Preferred Financial Scenario • Staff concurs with that recommendation • Staff will also consider performing a Cost of Service Study as part of the Water Rates Analysis for next year 6 TOWN OF ORO VALLEY Page 1 of 2 ~OUNCIL COMMUNICATION MEETING DATE: 11/5/08 Allbor TO: HONORABLE MAYOR AND COUNCIL FROM: TOBIN ROSEN, TOWN ATTORNEY SUBJECT: ORDINANCE NO. (0) 08- 22 , AN ORDINANCE OF THE TOWN OF ORO VALLEY, ARIZONA, ADOPTING CHAPTER 18, ORO VALLEY ANIMAL CONTROL CODE, PROVIDING FOR PENALTIES FOR VIOLATION THEREOF, AND REPEALING ALL RESOLUTIONS, ORDINANCES, AND RULES OF THE TOWN OF ORO VALLEY IN CONFLICT THEREWITH; PRESERVING THE RIGHTS AND DUTIES THAT HAVE ALREADY MATURED AND PROCEEDINGS THAT HAVE ALREADY BEGUN THEREUNDER SUMMARY: At the request of the Police Department, the Civil and Prosecution Divisions of the Legal Department recently undertook a review of the Town's Animal Control Code. In recent years, Pima County has made substantive changes to their Animal Control Code and there has been a trend within the county for municipal jurisdictions to match the Pima County Code as much as possible. Additionally, in recent months the Prosecution Division and Police Department have encountered some difficulties in enforcing the Town's code it is currently written. The proposed changes accomplish both goals of updating the Town's code so as to ore closely follow the County's, and resolve the issues that have presented barriers to enforcement in thep ast. The substantive amendments to the code are as follows: • Removing a large portion of Article 18-2 as licensing and vaccination of animals falls within the jurisdiction of Pima County. The proposed code requires that animals kept within the Town be licensed and vaccinated in accordance with the Pima County Animal Control Code. As they are the regulating jurisdiction on this matter, referring to the County's code simplifies the Town's regulatory structure and alleviates the need to amend the Town Code every time changes are made at the County level. • Section 18-5-4(D) has been amended to prohibit the use of"tie-outs" except in the case of the temporary tethering of horses. This proposed amendment was patterned after a provision in Pima County's code. • Section 18-5-4(E) has been amended to clarify what constitutes a violation, particularly when an animal is left in a vehicle or enclosed space. The proposed language specifies that an officer has the authority to use reasonable force to free an animal from vehicle and protects officers from liability in the event such force is necessary. • Article 18-10, Sale of Animals has been added to prohibit the sale of animals at swap meets and on public property such as the sidewalk, right-of-way or street corner. The proposed code provides an exception for animal sales at fairs, exhibitions, 4-H activities or similar events that are otherwise regulated. TOWN OF ORO VALLEY • Page 2 of 2 COUNCIL COMMUNICATION MEETING DATE: 11/5/08 • All of theenalt sections throughout the code have been "cleaned-up" so as to clarify the p y penalties associated with each violation. At the October 1, 2008 Council Meeting the Animal Control Code was declared a public record by 08-71. the discussion of that agenda item, Council Member Latas requested that staff Resolution (R) During research the issue of makingall animal sales within the Town subject to the Town's business license and sales tax codes. The LegalDepartment subsequently prepared the attached memorandum that was distributed to Council. To summarize the memo, the current regulatory structure of the Town appears to encompass all animal within the Town byeitherprohibiting them outright, or by regulating them as retail sales. Should the sales . wish topursue this issue further, code changes to the zoning code, business license code and sales tax Council code required.maybe re uired. At this time, the Legal Department does not have a specific recommendation on the issue, but couldp rovide advice on how to accomplish whatever regulation the Council chooses to impose. ATTACHMENTS: 1. Ordinance No. 08-2 2 2. Town of Oro Valley Animal Control Code in legislative style 3. October 8, 2008 Memorandum Nia) SUGGESTED MOTIONS: I move to approve/approve with amendments/deny Ordinance No. (0) 08- 2 2 , adopting Chapter 18, Animal Control Code of the Oro Valley Town Code and providing penalties for violation thereof. Tobin Rosen, Town Attorney r\ David Andrews, Town Manager ORDINANCE NO. (0) 08- 22 AN ORDINANCE OF THE TOWN OF ORO VALLEY, ARIZONA, ADOPTING CHAPTER 18, ORO VALLEY ANIMAL CONTROL CODE, PROVIDING FOR PENALTIES FOR VIOLATION THEREOF, AND REPEALING ALL RESOLUTIONS, ORDINANCES, AND RULES OF THE TOWN OF ORO VALLEY IN CONFLICT THEREWITH; PRESERVING THE RIGHTS AND DUTIES THAT HAVE ALREADY MATURED AND PROCEEDINGS THAT HAVE ALREADY BEGUN THEREUNDER WHEREAS, on June 14, 1989 the Mayor and Council adopted Ordinance No. (0) 89-13, the Town of Oro Valley Animal Control Code; and WHEREAS, on September 5, 2007 the Mayor and Council adopted Ordinance (0) 07-36 amending the Town of Oro Valley Animal Control Code; and WHEREAS, since that time, Pima County and the municipal jurisdictions within the County have amended their animal control codes; and WHEREAS, as by intergovernmental agreement, Pima County Animal Control is the enforcement agent animal control for the Town of Oro Valley; and ailow WHEREAS, to aid enforcement and prosecution, the Mayor and Council find it is in the best interest of the Town to update and revise its Animal Control Code. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of Oro Valley, Arizona: SECTION 1 That certain document entitled, "Chapter 18, Animal Control Code" three copies of which are on file in the office of the Town Clerk of the Town of Oro Valley, Arizona said document having been made a public record by Resolution No. (R) 08-71 of the Town of Oro Valley, Arizona, is hereby referred to, adopted, and made a part hereof as if fully set out in this Ordinance. SECTION 2 That certain document known as Chapter 18, Oro Valley Animal Control Code, adopted by Ordinance No. (0) 07-36 is hereby repealed. SECTION 3 The penalty sections contained within Chapter 18 of the Oro Valley Town Code are as follows: 18-2-6 Violations; Penalties. A. Violations of this Article shall be civil infractions punishable as follows: F.\Clerk\Town Code\Animal Control Ordinance\Ordinance Amending Animal Control Code2.doc Town Attorney's Office/arm/101508 1. For the first violation within a twelve (12) month period, a fine of no less than twenty-five dollars ($25) and no more than two hundred and fifty dollars ($250). 2. For the second violation within a twelve (12) month period, a fine of no less than one hundred dollars ($100) and no more than two hundred and fifty dollars ($250). 3. For the third violation within a twelve (12) month period, a fine of no less than two hundred dollars ($200) and no less than two hundred and fifty dollars ($250). B. Any person violating the provisions of this Article shall be guilty of a separate offense for each and every day or portion of a day during which any violation of this Article is committed and/or permitted. C. In addition to any other penalties allowed by law, the Magistrate shall order abatement as necessary. 18-3-2 Violations/Penalties A. Violations of this Article shall be civil infractions punishable as follows: 1. For the first violation within a twelve (12) month period, a fine of no less than twenty-five dollars ($25) and no more than two hundred and fifty dollars ($250). 2. For the second violation within a twelve (12) month period, a fine of no less than one hundred dollars ($100) and no more than two hundred and fifty dollars ($250). Nod 3. For the third violation within a twelve (12) month period, a fine of no less than two hundred dollars ($200) and no less than two hundred and fifty dollars ($250). B. Any person violating the provisions of this Article shall be guilty of a separate offense for each day or portion of a day during which any violation of this Article is committed and/or permitted. Any individual who receives notice of such violation and fails to appear at the designated hearing time in the notice, or at the time designated for hearing by the court, shall be deemed to have admitted the allegations of the complaint and the court shall enter judgment for the Town and impose a civil sanctions in accordance with the provisions of this Chapter. If any penalty ordered by the court to be paid and/or forfeited pursuant to default is not paid within thirty (30) days s of the magistrate's order, the Town Attorney may initiate appropriate civil proceedings to seek legal and/or equitable relief to enforce the order, and the magistrate may initiate judicial proceedings as provided by law to collect the penalty. g All penalties collected pursuant to this Article shall be paid to and become the property of the Town. C. In addition to any other penalties allowed by law, the Magistrate shall order abatement as necessary. ,41010 F:\Clerk\Town Code\Animal Control Ordinance\Ordinance Amending Animal Control Code2 doc Town Attorney's Office/arm/101508 4 18-4-3 Violations/Penalties Any violation of this Article is a civil violation punishable by a minimum mandatory fine of$25.00 up to a maximum fine of$1,500.00 per incident. 18-5-5 Violations/Penalties Any violation of this Article shall be a class one misdemeanor with a maximump otential penalty of six months in jail, twenty-five hundred dollar($2,500.00) fine oraperiod of probation not to exceed three (3) years, or any combination thereof. 18-6-3 Sanctions Upon the Court's determination that the animal is a destructive or vicious, the Magistrate may order one or more of the following: A. That the animal shall be kept in an enclosure so that the animal cannot bite, harm or injure any person and/or animal outside the enclosure and/or jump over the enclosure; that the enclosure and property where the enclosure is located be posted with conspicuous warning signs; and that at no time shall the animal leave the enclosure unless it is muzzled, leashed and under the control of an adult; and/or B. That the animal shall be banished from the Town limits; and/or C. That the animal be humanely destroyed; and/or D. The owner shall make restitution up to One Thousand Dollars ($1,000.00) to the victim. This remedy shall not abridge any civil cause of action by the victim. 18-7-7 Violations; Penalties A. Wherever in this Article any act is prohibited or declared to be unlawful or the doing of any act is required or the failure to do an act is declared to be unlawful, the violation of that provision is a class one misdemeanor punishable, except for the penalties already set forth in this Article, by a fine of not less than $100 and not more than $2,500 and/or by imprisonment for not more than six (6) months. No judge may grant probation to and/or suspend the imposition of the minimum fine prescribed in this paragraph. In addition, a person may be placed on probation for not more than three (3) years. This shall not be construed to affect, in any way, the imposition of the minimum mandatory penalties provided in this paragraph. B. Each day or portion of a day any violation continues or occurs shall constitute a separate offense. 18-8-2 Civil Sanctions. A person found responsible for a violation of this Article shall be sanctioned by the Magistrate or hearing officer as follows: A. First violation within a 12-month period - a fine of not less than Twenty Five Dollars ($25.00) and no more than Two Hundred and Fifty Dollars ($250.00). F.\Clerk\Town Code\Animal Control Ordinance\Ordinance Amending Animal Control Code2 doc Town Attorney's Office/arm/1(11508 Second violation within a 12-month period - a fine B. of not less than One Hundred Dollars ($100.00) and no more than Two Hundred and Fifty Dollars ($250.00). Nod C. Third or subsequent violation within a 12-month period - a fine of not less than Two Hundred Dollars ($200.00) and no more than Two Hundred and Fifty Dollars ($250.00). D. Default. If an individual receiving a notice of violation fails to appear at the hearing time designated in the notice of violation and/or the time designated for a hearing by the Court, that individual shall be deemed to have admitted the allegation in the complaint and the Court shall enter judgment and impose a civil sanction in accordance with the provisions of this Chapter. E. If any pY enalt ordered to be paid by the Magistrate or forfeited pursuant to default is notp aid within thirty (30) days of the Magistrate's order, appropriate civil proceedings,s, both legal and equitable, may be initiated by the Town Attorney in order to enforce the administrative order. The Magistrate may also institute judicial pg as provided s by law to collect such penalty. All penalties corrected pursuant to this Article shall be paid to and become the property of the Town of Oro Valley. F. Each day and/ora portion of a day a violation continues under this Article shall constitute a separate offense. 18-10-3 Penalties A violation of this Article shall be a class one misdemeanor punishable by a fine of no less than one hundred dollars ($100.00) and no more than three hundred dollars ($300). IWO 18-11 Penalties/Sanctions 18-11-1 Civil Sanctions Unless otherwise specified, a civil infraction for violation of this Chapter carries the following penalties: A. First violation within a 12 month period - a fine of not less than twenty-five dollars ($25.00) nor more than two hundred fifty dollars ($250.00). B. Second violation within a 12-month period - a fine of not less than one hundred dollars ($100.00) or more than two hundred fifty dollars ($250.00). C. Third or subsequent violation within a 12-month period - a fine of not less than two hundred dollars ($200.00) or more than two hundred fifty dollars ($250.00). D. Default. Any owner of an animal receiving a notice of violation and failing to appear at the hearing time designated in the notice of violation, and/or at a time designated for a g hearing by the Court, shall be deemed to have admitted the allegations of the complaint, and the Court shall enter judgment for the State and impose a civil sanction in accordance with the provisions of this Article. E. In the event any py enalt ordered to be paid by the court or forfeited pursuant to default is notp aid within thirty (30) days of the Magistrate's order, appropriate civil proceedings both q legal and equitable may be initiated by the Town Attorney in order to enforce the g F\Clerk\Town Code\Animal Control Ordinance\Ordinance Amending Animal Control Code2.doe Town Attorney's Office/arm/101508 administrative order. The Magistrate may institute Judicial proceedings as provided by cir law to collect said penalty. All penalties collectedursuant to this Article shall p be paid to and become the property of the Town of Oro Valley. 18-11-2 Criminal Penalties Unless otherwise specified, a criminal violation of any provision in this Chapter shall be a class one misdemeanor carrying a maximum penalty of up to six (6) months imprisonment, three (3) years probation and/or a fine in the amount of two thousand five hundred dollars ($2,500.00). SECTION 4 All Oro Valley ordinances, resolutions or motions and parts of ordinances, resolutions or motions of the Council in conflict with the provision of this Ordinance are hereby repealed. SECTION 5 If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent Jurisdiction, such decision shall not affect the validity of the remaining portions thereof. PASSED AND ADOPTED by Mayor and Town Council, the Town of Oro Valley, Arizona, this 5th day of November , 2008. flkikar TOWN OF ORO VALLEY Paul H. Loomis, Mayor ATTEST: APPROVED AS TO FORM: Kathryn E. Cuvelier, Town Clerk Tobin Rosen, Town Attorney Date: Date: 4IW F\Clerk\Town Code\Animal Control Ordinance\Ordinance Amending Animal Control Code2.doc Town Attorney's Office/arm/101508 PLL.EY q O e Y C 1 • G ( k )\ (S iti lob .Cr '�,'22{YQYF wLA : DUNDED „ Office of the Town Attorney Mermrandum To: Mayor and Council Copy: David Andrews, Town Manager; Jerene Watson,Assistant Town Manager From: Lexa Mack, Civil Attorney Date: October 8,2008 Re: Animal sales within the Town On October 1, 2008 the Mayor and Council adopted Resolution (R) 08-71 Lir declaring Chapter 18, Animal Control Code, a public record. As part of the discussion, Council Member Latas raised the issue of requiring that the sale of animals within the Town be pursuant to the Town's business license and sales tax codes. This was an issue that Council Member Latas and I had previously discussed, and that staff has been researching. At this point, staff has developed a couple of options for addressing the issue through the business license and sales tax codes as opposed to the Animal Control Code. Animal sales can be, primarily, divided into three (3) categories: 1) sales by retail establishments; 2) sales by private breeders; or 3) sales at swap meets or on public property such as street corners, sidewalks, etc. As Council Member Latas pointed out, sales of the latter would be prohibited under the proposed amendments to the Animal Control Code, if adopted. Sales that occur at retail establishments are currently covered by our business license code and are subject to our sales tax code if they are a conducted by a pet store. The only sales of this type that I am aware of in Oro Valley,however,are those that occur at Pet Smart,which are held in conjunction with a non-profit entity such as the Humane Society, in which case sales tax does not apply as the Humane Society is a 501(c)(3) corporation. The only category of animal sale, then, that is not specifically captured by our current codes would be those by private breeders. These are most often people who breed domestic animals in their homes and conduct most business in the same location. The business license code appears broad enough as written to encompass persons running a breeding business within the Town limits. The problem lies, 1F;\ClerldTown Code\Animal Control On mance\1(X)208 mm Mayor and council animal sales.doc though, with the fact that the Zoning Code prohibits "veterinary uses" as a home occupation. Presumably "veterinary uses" would include breeding. A business license cannot be issued for a home occupation that does not have a home occupation permit, which won't be issued for a business in violation of the zoning code. So we Ned come to a somewhat circular problem in that a private breeder operating out of their home is most likely doing so in violation of the zoning code, which in turn means they most likely will not come forward for a business license. Were the Council to decide to permit private breeders to operate out of their homes, the zoning code would need to be amended. Additionally, the business license code could be amended to specifically require domestic animal sellers/breeders to obtain a license, although the code presently does not list specific businesses that are required to be licensed. As far as the applicability of the Town's sales tax code on private breeders, it is unclear as to whether the code as currently written could be applied. Technically speaking, all animal sales are retail transactions, whether they occur at a pet shop or out of someone's home and under the tax code all retail transactions are taxable unless specifically exempted. One such exemption is for the sale of livestock animals used for breeding, but this does not include domestic animals. The Council could amend the sales tax code to include the sale of domestic animals by private breeders and set the tax rate for such transactions. Although this category of sales is most likely already taxable, amending the code would clear up any uncertainty on the issue. The "big picture" issue in all of this is the Town's ability to enforce either code against private breeders operating out of their homes. The ability of the Town to gNod locate and identify these types of businesses is questionable and there may be issues with sporadic enforcement based on this difficulty. As suggested herein, the necessary code amendments could be made, but the efficacy of doing so remains uncertain. If there are any questions or concerns regarding this issue, please feel free to contact me. • Page 2 CHAPTER 18 ANIMAL CONTROL CODE Articles 18-1 Definitions 18-2 Vaccinations/Licenses and Vaccinations/Tags/Duplicate License Tags/Transfer of License/Violations/Fees 18-3 Dogs at Large Prohibited; Exceptions/Dogs on School Grounds; Exceptions/Impoundment/Dog Waste Removal; Exceptions/Violations; Penalties 18-4 Feeding Non-Domesticated Mammalian Predators; Exceptions 18-5 Abandonment/Cruelty/Failure to Render Aid/Neglect/Violations; Penalties/Order to Show Cause 18-6 Destructive or Vicious Animals Impoundment/Sanctions/Penalties 18-7 Dangerous Animals 18-8 Excessive Noise Caused by Animals or Birds/Civil Sanctions 18-9 Biting Animals 18-10 Sale of Animals/Exceptions/Penalty 18-1-018-11 Penalties/Sanctions 18-1118-12 Rules of Procedure 18-218-13 Authority of Animal Control Officer or Police Officer (111, 18-1 Definitions A. Altered dog - a spayed female dog or neutered male dog. B. Animal - any fowl, reptile, amphibian or mammal, except for human beings. C. At Large - being neither confined by an enclosure nor physically restrained by a leash. D. Bite - the penetration of the skin by the teeth of any animal. E. Biting Animal - any animal that bites or otherwise injures human beings or other animals without provocation. F. Collar - a band, chain, harness or suitable device worn around the neck of a dog to which a license may be affixed. G. Destructive Animal - any animal that has a propensity to destroy, damage or cause damage to the property of a person other than the animal's owner. H. Dog - any member of the canine species. I. Impound - the act of taking or receiving an animal into custody for the purpose of confinement at the Town's--animal Eenforcement Aagent's facility. J. Leash or Lead - a chain, rope, leather strap, cord or similar restraint attached to a collar or harness or otherwise secured around an animal's neck. K. Licensed Dog- any dog having a current license. L. Livestock- neat animals, horses, sheep, goats, swine, mules and asses. M. Owner - any person owning, keeping, possessing, harboring, maintaining or having custody and/or control of an animal within the Town limits. N. Peace Officer — includes county sheriffs, constables, marshals, municipal police department officers, commissioned personnel of the department of public safety and any animal control officer. 0. Police Dog - any dog belonging to any law enforcement agency service dog unit. P. Property Line - the line which represents the legal limits of property (including an apartment, condominium, room or other dwelling unit) owned, leased or otherwise occupied by a person, business, corporation or institution. In cases involving sound from an activity on a public street or other public right-of-way, the "property line" shall be the nearest boundary of the public right-of-way. Q. Provocation - any behavior toward an animal and/or its owner or its owner's property which is likely to cause a defensive reaction by said animal. R. Tie-Out - a chain, leash, wire cable or similar restraint attached to a swivel or pulley. S. Town Enforcement Agent - the Pima Animal Care Center director and/or his/her designee. T. Under Restraint - an animal secured by a leash or lead and under control of a responsible person, confined within a vehicle or located upon the real property limits of its owner. U. Vaccination - an anti-rabies vaccination using a type of vaccine approved by the State Veterinarian and administered by a state licensed veterinarian. V. Vicious animal - any animal that bites, attempts to bite, endangers and/or injures people and/or other animals. 18-2 Vaccinations!License and Vaccination Required ; /Tags/Duplicate License Tags/Transfer of License/Violation; Penalties/Fees the age of three (3) months within the Town without such dog being vaccinated,• C.No license shall be issued for any dog until the owner has presented a the rules and regulations as designated by the state veterinarian. Upon vaccination, the owner shall receive a certificate certifying to the fact of such D.Vaccination other than Pima County. A dog vaccinated in any area outside F:\Clerk\Town Code\Animal Control Ordinance\Animal Control Code new redline v2.doc 2 is authorized to have such dog vaccinated at the sole cost of the owner. certificate of vaccination. 18 2 218-2-1 License and Vaccination Required; Exceptions • age of three (3) months in the Town for more than thirty (30) days per B.Any person who presents to the Pima Animal Care Center an affidavit or veterinarian's certificate stating that the dog is altered, the dog is at least ten - . . -• . . -- .• • - .. -- - be eligible for the altered dog fee. . - . . . . . 14 shall be licensed at the senior citizen rate. D.Any person who presents to Pima Animal Care Center a statement from a qualified health care professional certifying that he/she has a disabling . . . . . . . . . . fef-the-disabled-citizen dog license fee. eligible for a one time reduced altered dog licensing fee perdeg-,--pfeviding ILA. • • .- • • • •. . - • - • . • . • .- • - -- •. • _ -- - -• � r fee.Dogs kept within the Town shall be licensed and vaccinated in accordance with the Pima County Animal Control Code. 18 2-318-2-2 Tags. A. All licensed dogs are required to wear a collar with the license tag affixed. The collar and tag must be worn by the dog at all times. The tag shall be inscribed with the name of the licensing city or county, the license number and the date the license expires. Failure of the owner to comply is a civil infraction. F:\Clerk\Town Code\Animal Control Ordinance\Animal Control Code new redline v2.doc 3 B. Dog license tags are not transferable from one dog to another dog. C. Tag Exceptions. Dogs are not required to wear a collar with a tag, provided that the owner shows proof that the dog(s) is/are properly vaccinated and licensed in the following conditions: 1. While being exhibited at an American Kennel Club approved show. 2. While engaged in races approved by the Arizona Racing Commission. 3. A police dog at any time. 4. This Article shall not apply to a non-resident who keeps a dog within the Town limits for a maximum of thirty (30) days per calendar year, provided that the non-resident shows proof the dog is licensed elsewhere upon demand. 18-2-4 Duplicate License Tags. AIf a dog license tag is lost, a duplicate license tag shall be issued upon the owner filing an application with Pima Animal Care Center. 18-2-5 Transfer of License. 4-Whenever the ownership of a dog is changed, the new owner must secure a transfer of license. 18-2-6 Violations; Penalties. A. Violations of this Article shall be civil infractions punishable as follows: 1. For the first violation within a twelve (12) month period, a fine of no less than twenty-five dollars ($25) and no more than two hundred and fifty dollars ($250). 2. For the second violation within a twelve (12) month period, a fine of no less than one hundred dollars ($100) and no more than two hundred and fifty dollars ($250). 3. For the third violation within a twelve (12) month period, a fine of no less than two hundred dollars ($200) and no less than two hundred and fifty dollars ($250). with Article 18 10 1(A) of this Chapter. B. Any person violating the provisions of this Article shall be guilty of a separate offense for each and every day or portion of a day during which any violation of this Article is committed and/or permitted. C. In addition to any other penalties allowed by law, the Magistrate shall order abatement as necessary. 18-2-7 Fees. F:\Clerk\Town Code\Animal Control Ordinance\Animal Control Code new redline v2.doc 4 Any and all fees as required by this Article shall be determined by Pima Animal ‘itor Care Center, as amended from time to time. 18-3 Dogs at Large Prohibited; Exceptions/Dogs on School Grounds; Exceptions/Impoundment/Dog Waste Removal/Violations; Penalties/Fees 18-3-1 —Dogs at Large Prohibited; Exceptions 19A. Any dog owned, possessed, harbored, kept or maintained on public streets, sidewalks, alleys, parks or other public property within the Town shall be restrained by a leash, chain, rope, cord or similar device. ABB. Any dog owned, possessed, kept, harbored or maintained upon or about the private property of any person, including the property of the dog's owner, shall be confined inside a house or other building, or confined by a fence or similar enclosure of sufficient strength and height, to prevent the dog from escaping from the property. 24-C. Exceptions: Dogs accompanied by and under the control of their owners are exempt from this Article under the following circumstances: 1. While participating in field trails, dog obedience classes, kennel club 4110, events and/or while engaged in races approved by the Arizona Racing Commission, provided the dog is accompanied by and under the control of the dog's owner or trainer. 2. While assisting a peace officer engaged in law enforcement duties. 3. Guide dogs while assisting the blind, deaf or physically handicapped persons, as long as such dogs are under direct and effective voice control of such individuals to assure that they do not violate any other provisions of this Chapter. 227D. The Town Enforcement Agent and/or a peace officer are authorized to impound any dog running at large in accordance with the provisions of this Article. 018-3-2 Dogs on School Grounds Prohibited; Exceptions DA. It shall be unlawful to bring a dog onto the grounds of any school, regardless of whether the dog is restrained by a leash, chain, rope, cord or similar device. &B. Dogs shall be allowed on school grounds as an exception to this Section under the following circumstances: 1. While participating as part of a formal school activity or event. 41W 2. While serving as a guide dog for the blind, deaf or physically disabled. F:\Clerk\Town Code\Animal Control Ordinance\Animal Control Code new redline v2.doc 5 3. While assisting a peace officer engaged in law enforcement duties. 1E418-3-3 Impoundment A. The Town Enforcement Agent shall impound any dog running at large in accordance to the provisions of this Chapter. B. The Town Enforcement Agent shall promptly notify the dog's owner in person or by written notice that the dog is impounded. The owner may reclaim the dog within seven (7) days from the date of the actual notice or mailing of notice, upon proof of ownership and payment of all costs and fees, including veterinary fees incurred to remove, impound, board, care for and/or microchip the dog. C. Any licensed dog not claimed within seven (7) days of its impoundment may be placed for adoption or humanely destroyed at the discretion of Pima Animal Care Center. D. When an unlicensed dog is impounded, the owner may reclaim the dog within three (3) days of impoundment by securing a vaccination and a license for the dog, providing proof of ownership and payment of all costs and fees, including veterinary fees incurred to remove, impound, board, care for and/or microchip the dog. E. Any unlicensed dog not claimed within three (3) days of its impoundment may be placed for adoption or humanely destroyed at the discretion of Pima Animal Care Center. F. Pima Animal Care Center may, in addition to the provisions of this Article, vir microchip the animal at the owner's sole expense. $18-3-4 Dog Waste Removal; Exceptions A. It is civil infraction for the owner or person having custody of any dog to fail to immediately remove and dispose of, in a sanitary manner, any solid waste deposited by such dog on public property and/or on any private property without the consent of the person in control of the property. B. Nothing in this Article or Chapter shall be deemed to permit or otherwise allow any violation of applicable state, county or town ordinances, including health codes and nuisance regulations. C. Exceptions. This Section shall not apply to: 1. Blind persons. 2. Persons with mobility disabilities. 3. Police officers or other law enforcement officers accompanied by police dogs while on emergency. 4)18-3-5 Violations/Penalties A. Violations of this Article shall be civil infractions punishable as follows: F:\Clerk\Town Code\Animal Control Ordinance\Animal Control Code new redline v2.doc 6 1. For the first violation within a twelve (12) month period, a fine 411, of no less than twenty-five dollars ($25) and no more than two hundred and fifty dollars ($250). 2. For the second violation within a twelve (12) month period, a fine of no less than one hundred dollars ($100) and no more than two hundred and fifty dollars ($250). 43. For the third violation within a twelve (12) month period, a fine of no less than two hundred dollars ($200) and no less than two hundred and fifty dollars ($250).A :- : - : . -: '- ': . .: - of this Article shall be sanctioned in accordance with Article 18 10 1(A) of this Chapter. B. Any person violating the provisions of this Article shall be guilty of a separate offense for each day or portion of a day during which any violation of this Article is committed and/or permitted. Any individual who receives notice of such violation and fails to appear at the designated hearing time in the notice, or at the time designated for hearing by the court, shall be deemed to have admitted the allegations of the complaint and the court shall enter judgment for the Town and impose a civil sanctions in accordance with the provisions of this Chapter. If any penalty ordered by the court to be paid and/or forfeited pursuant to default is not paid within thirty (30) days of the magistrate's order, the Town Attorney may initiate appropriate civil proceedings to seek legal and/or equitable relief to enforce the order, and the magistrate may initiate judicial proceedings as provided by law to collect the penalty. All penalties collected pursuant to this Article shall be paid to and become the property of the Town. C. In addition to any other penalties allowed by law, the Magistrate shall order abatement as necessary. 18-4 Feeding Non-Domesticated Mammalian Predators; Exceptions/Violations; Penalties 18-4-1 Feeding 4No person shall feed and/or provide drink at any time for one or more non- domesticated mammalian predators including, but not limited to, coyotes, raccoons, foxes,javelinas, skunks and opossums. 18-4-2 Exceptions #This Article shall not apply under the following circumstances: 110 F:\Clerk\Town Code\Animal Control Ordinance\Animal Control Code new redline v2.doc 7 A.Where the person is the owner of such non-domesticated predator and is kept under a valid certificate orpermit issued bythe State such predatorp of Arizona. �.B.Where the person provides food and/or drink for a trapped, injured or un- weaned non-domesticated predator between the time Pima Animal Care Center is notified and such predator is picked up by Pima Animal Care Center. 18 11 118-4-3 Violations/Penalties A. Any violation of this Article is a civil violation punishable by a minimum mandatory fine of$25.00 up to a maximum fine of$1,500.00 per incident. 18-5 Abandonment/Cruelty/Failure to Render Aid/Neglect/Violations; Penalties/ Order to Show Cause- Abandonment/Cruelty/Neglect 18-6-118-5-1 Abandonment A,It is a misdeme norunlawful for any owner to leave an animal in any location for more than forty-eight (48) hours without providing for that animal's care and well-being. The requisite intent to abandon for more than forty-eight (48) hours shall be demonstrated by proof that: 1) the owner left the animal in an abode that is not presently occupied; and/or 2) the owner released the animal out of a vehicle onto public or private property without making arrangements for its care. 18-5-2 Cruelty A-.—It is-a unlawful . ! -- --' :- ---. -: for any person to, or to allows any person to, overload, overwork, torture, torment, cruelly beat, kick, mutilate, cruelly injure, or cruelly or unlawfully kill an animal. 18-5-3 Failure to Render Aid A. It is unlawful for any person to accidentally or otherwise hit and/or injure an animal with an automobile or other vehicle and to leave the scene without making a reasonable effort to obtain aid, render aid and/or assist in the care of such animal. 18-5-4 Neglect A,It is unlawful for any owner of any animal to fail to comply with the following: 6A. Provide the animal with food and/or water, free from contamination, which is of sufficient quantity and nutritive value to maintain the animal in good health. F:\Clerk\Town Code\Animal Control Ordinance\Animal Control Code new redline v2.doc 8 (If 6,-B. Provide access to natural or artificial shelter for the animal throughout the year. Such shelter must be maintained in good repair to protect the animal from injury and the elements, and must be of sufficient size to permit the animal to enter, stand, turn around and lie down in a natural manner. Livestock are not included in this Article. 6C. Provide the animal with the care and medical treatment for injuries, parasites and diseases, sufficient to maintain the animal in good health and minimize suffering. 4:D. Provide the animal with adequate exercise space. With the exception of temporary tethering of horses, the use of tie-outs such as chains, leashes, wires, cables, ropes, or similar restraining devices for the purpose of animal confinement is hereby prohibited E. If the animal is on a tie out, the tie out must consist of a chain, leash, wire caught on objects such as fences and/or walls. No tie out shall be less than ten (10) feet 6 Provide the animal with adequate ventilation and protection from temperature extremes at all times. It is a civil infraction for any person to keep any -- - - .• - .- - -- - - - -. - e in wich thature is endanger the animal's life and/or health.Violation of this provision may include intentionally, knowingly or recklessly leaving an animal unattended and confined in a motor vehicle or other enclosed space where physical injury to or death of the animal is likely to result. In that event, a peace officer or Town Enforcement Agent may use reasonable force to open a vehicle to rescue an animal. No animal control enforcement agent and/or peace officer shall be liable for damages to property caused by the use of reasonable force to remove an animal from such a vehicle or other enclosed space under such circumstances. 18-5-5 —Violations/Penalties A Any violation of this Article • :. -. : • •- . : :. - - - -• : : • • - Article 18 10 2(B)of this Chapter.shall be a class one misdemeanor with a maximum potential penalty of six months in jail, twenty-five hundred dollar ($2,500.00) fine or a period of probation not to exceed three (3)years, or any combination thereof. 18-5-6 Order to Show Cause - Abandonment/Cruelty/Failure to Render Aid/Neglect. 411W F:\Clerk\Town Code\Animal Control Ordinance\Animal Control Code new redline v2.doc 9 A. Impoundment/Criminal Violation. If a peace officer and/or Town Enforcement Agent issue a citation for a violation of this Article and/or pursuant to Arizona Revised Statutes 13-2910, and reasonably believe the violation will continue, the Town Enforcement Agent and/or peace officer are authorized to remove and impound the animal. B. Impoundment/Exigent Circumstances. The Town Enforcement Agent and/or peace officer are authorized and empowered to remove and impound any animal in plain view that is suffering from immediate life threatening exigent circumstances. C. Costs. The owner of any animal removed and impounded under the provisions of this Article shall be solely responsible for any impoundment, boarding and/or veterinarian fees incurred in connection herewith. D. Hearing. 1. Within ten (10) days of any animal's impoundment, the owner of the animal may file a petition in Oro Valley Magistrate Court for an Order to Show Cause why the animal should not be returned to the owner pending the outcome of the complaint. 2. The Town Magistrate, upon hearing the Order to Show Cause and finding by a preponderance of the evidence that there are reasonable grounds to believe that the prohibited treatment of the animal will continue and/or that the owner willfully or through gross negligence caused and/or allowed the animal to be caused pain, suffering or serious injury, shall order the animal to be retained by the Pima Animal Care Center pending the outcome of the complaint. 3. If the owner fails to appear at the Order to Show Cause hearing and/or if no petition is filed within ten (10) days, the Pima Animal Care Center may place the animal up for adoption or dispose of the animal as humanely as possible. 18-6 Destructive or Vicious Animals/' Impoundment/Sanctions 18-6-1 Keeping destructive or vicious animals prohibited. A. It is unlawful for a person to keep, control, harbor or otherwise have under control any animal which is destructive or vicious. This Chapter Article does not apply to zoos, wild animal parks or animal shelters, or to persons who are in compliance with an order of the Town Magistrate issued pursuant to this GhaptefArticle. B. The owner of any animal that bites, attempts to bite, endangers or otherwise injures or causes injury to people and/or animals, or destroys, damages or causes damage to the property of another person is guilty of a class one misdemeanor, C. It is a civil infraction for any person to fail to comply with Town Magistrate's order regarding a destructive or vicious animal. It is a separate offense for each day that such person fails to comply with the Magistrate's order. F:\Clerk\Town Code\Animal Control Ordinance\Animal Control Code new redline v2.doc 10 (11W 9. *: • •: -. •*: *: - -* -• - • :. -• . - ••• 18-6-2 Violations; Impoundment/Order to Show Cause Hearing ISA. If any animal within the Town limits is determined to be a destructive or vicious animal, a peace officer and/or Town Enforcement Agent shall immediately impound the animal. 4-913.B. Within ten (10) days of the date of the animal's impoundment, the Town Magistrate shall conduct a hearing and, upon a petition filed by the Town Prosecutor's Office, the Magistrate Court shall order that an Order to Show Cause Hearing be held at which time the owner must appear and show cause why the animal should not be declared a destructive or vicious animal and sanctions be ordered pursuant to this Article. 18-3-618-6-3-Sanctions 4-9Upon the Court's determination that the animal is a destructive or vicious, the Magistrate may order one or more of the following: -1,A.That the animal shall be kept in an enclosure so that the animal cannot bite, harm or injure any person and/or animal outside the enclosure and/or jump over the enclosure; that the enclosure and property where the enclosure is located be posted with conspicuous warning signs; and that at no time shall the animal leave the enclosure unless it is muzzled, leashed and under the control of an adult; and/or 2:B.That the animal shall be banished from the Town limits; and/or 3 C.That the animal be humanely destroyed; and/or 4.D.The owner shall make restitution up to One Thousand Dollars ($1,000.00) to the victim. This remedy shall not abridge any civil cause of action by the victim. 18-7 Dangerous Animals 18-7-1 Definitions A. A dangerous animal means one which has been declared to be vicious or destructive pursuant to this Chapter and/or displays or has a tendency, disposition or propensity, as determined by the Town Enforcement Agent,to: 1. Injure, bite, attack, chase or charge, or attempt to injure, bite, attack, chase and/or charge a person or domestic animal in a threatening manner; or 2. Bare its teeth and/or approach a person and/or domestic animal in a threatening manner. F:\Clerk\Town Code\Animal Control Ordinance\Animal Control Code new redline v2.doc 11 3. Owned and/or harbored primarily for in part for the purposes of fighting or has been trained for fighting. B. A dangerous animal does not include an animal used in law enforcement or in custody of zoos or wild animal parks, animals placed in animal shelters, animals under care of veterinarians or wild animals. 18-7-2 Declaring an Animal Dangerous; Notice A. The Town Animal Enforcement Agent shall make the determination if an animal is a dangerous animal. B. Whenever the Town Animal Enforcement agent has reason to believe an animal may be dangerous, an evaluation of the animal shall be conducted. C. If the Town Animal Enforcement Agent declares that an animal is dangerous, the owner shall be notified and issued an order of compliance. Once an animal is declared dangerous, the animal is dangerous until a hearing officer or judge determines otherwise. If the owner is known, he/she shall be provided with a written notice of his/her right to file, within five (5) days of receipt of the notice, a written request with the Town Enforcement Agent for a hearing to determine if the animal is dangerous. If the owner's whereabouts cannot be determined or the animal poses a threat to public safety and/or safety of domestic animals, the animal shall be impounded and notice shall be posted on property, or mailed forthwith to the owner at his/her last known address by certified mail, return receipt requested. 18-7-3 Hearing; burden of proof; appeal A. The owner of the animal may request a hearing to contest the declaration of dangerousness or contest the confinement conditions ordered by the Town Enforcement Agent. B. If the owner of an impounded animal fails to appear at a hearing and/or fails to request a hearing, the animal shall be forfeited to the Town Enforcement Agent to be humanely destroyed. C. If the owner of a non-impounded animal fails to appear at a hearing or fails to request a hearing, the animal shall be declared to be dangerous and the order of compliance shall remain in effect. D. After request for a hearing, the Town Enforcement Agent shall set a hearing date within five (5) working days at a time and place designated by the town animal enforcement agent. The hearing shall be conducted by a hearing officer selected by the Town Enforcement Agent. E. The hearing shall be held in an informal manner and a record of the hearing shall be made by stenographic transcription or by electronic tape recording. The rules of evidence do not apply and hearsay shall be admissible. ,Nied F:\Clerk\Town Code\Animal Control Ordinance\Animal Control Code new redline v2.doc 12 F. It is the burden of the owner of the animal to establish by a preponderance of ‘ir the evidence that the animal is not dangerous. The owner may be represented by counsel and present witnesses at the animal owner's cost. G. The hearing officer shall make a written decision within five (5) working days of the hearing and notify the owner of the animal of the decision. H. If the decision of dangerousness is sustained by the hearing officer, the owner of the animal shall obey the order of compliance issued by the Town Enforcement Agent within the time given by the order of compliance or ten (10) days, whichever is greater. I. If the animal is found not to be dangerous, the order of compliance shall be null and void. The finding that an animal is not dangerous does not prevent the Town Enforcement Agent from declaring the same animal dangerous again if the agent has additional reasons to believe the animal is dangerous after a new evaluation of the animal is conducted. J. Appeal of the decision of the hearing officer shall be by way of special action to the Superior Court of Pima County on the record of the hearing. If either party claims the record to be incomplete or lost, and the hearing officer who conducted the hearing so certifies, a new hearing shall be conducted before that officer. The appealing party shall bear the cost of preparing the record of the hearing on appeal. No appeal shall be taken later than thirty (30) days after the hearing officer's decision. 18-7-4 Order of compliance A. When an animal is declared dangerous, the Town Enforcement Agent shall issue an order of compliance requiring the owner within thirty (30) days to: 1. Confine the animal sufficiently to prevent the animal's escape as follows: a. The Town Enforcement Agent shall determine the appropriate fencing requirements for the size and nature of the animal. The Town Enforcement Agent may require a fence, including gates, to be six feet in height; the fence from five feet in height to six feet in height to incline to the inside of the confinement area at a forty-five degree angle from the vertical; or that the confinement area be wholly covered by a material strong enough to keep the animal from escaping. b. The Town Enforcement Agent may require the bottom of the confinement area to be of concrete, cement or asphalt, or of blocks or bricks set in concrete or cement; or if the bottom is not provided, a footing of such material shall be placed along the whole perimeter of the confinement area to a depth of one foot below ground level, or deeper if required by the Town Enforcement Agent. c. The gates to the confinement area shall be locked at all times with a padlock except while entering or exiting. d. The Town Enforcement Agent may require temporary confinement 4I1W measures until the order of compliance has been obeyed or the hearing F:\Clerk\Town Code\Animal Control Ordinance\Animal Control Code new redline v2.doc 13 officer determines that the animal is not dangerous. If the owner does not immediately comply with the temporary confinement requirements, the animal shall be impounded. 2. Muzzle and restrain the animal outside the confinement area with a leash, chain, rope or similar device not more than six (6) feet in length, sufficient to restrain the animal and be under the control of a person capable of preventing the animal from engaging in any prohibited behavior. 3. Post a sign on every gate or entry way to the confinement area stating "Beware of Dangerous Animal". 4. Obtain and maintain liability insurance in a single incident amount of $50,000, unless the animal has been declared to be vicious or destructive pursuant to this Chapter, in which case the amount of insurance shall be no less than $250,000, to cover any damage and/or injury that may be caused by the dangerous animal. The Ttown Eenforcement agent shall maintain a registry of the animals, owners and insurance carrier for each animal declared "dangerous". 5. Pay the reasonable cost to the Town Enforcement Agent to tattoo the animal with an identification number. The Town Enforcement Agent shall maintain a registry of the numbers and the owners of the animals. 6. Have a licensed veterinarian spay or neuter the animal at the owner's sole expense. The owner shall obtain written certification signed by the veterinarian that the spaying or neutering has been performed. 18-7-5 Consent to inspection; inspection; order of compliance; seizure A. By continuing to own an animal declared dangerous, an owner gives consent to the Town Enforcement Agent or any peace officer to inspect the animal declared dangerous, the premises where the animal is kept, the liability insurance documents required for the animal, and the veterinarian's certificate of spaying or neutering for the animal. B. The Town Enforcement Agent may seize and impound the dangerous animal if the owner fails to obey the order of compliance. Five (5) days after the seizure, the Town Enforcement Agent may humanely destroy the animal unless the owner has demonstrated obedience to the order of compliance. The owner of the animal is solely responsible for any impound fees. If the owner of the animal demonstrates proof that the order of compliance has been obeyed, the animal shall be returned to the owner after payment of impound fees. Any action taken under this Chapter shall be in addition to any available criminal penalties. 18-7-6 Required Acts and Unlawful Activities A. An owner of an animal declared dangerous shall obey the order of compliance. ,400 F:\Clerk\Town Code\Animal Control Ordinance\Animal Control Code new redline v2.doc 14 (haw B. An owner of an animal declared dangerous shall not sell, give away, abandon or otherwise dispose of the animal without notifying the Town Enforcement Agent in writing in advance. C. An owner of an animal declared to be dangerous shall provide proof of liability insurance and the veterinarian's certificate of spaying or neutering the animal to the Town Enforcement Agent upon demand. D. An owner of an animal declared dangerous shall not prevent or attempt to prevent inspection of the animal and/or the premises where the animal is kept. E. When the owner of an animal is notified that the Town Enforcement Agent is evaluating an animal or requests to evaluate an animal to determine if the animal is dangerous, the owner of the animal shall present the animal for inspection within 24 hours of a request by the Town Enforcement Agent. The owner shall not sell, give away, hide or otherwise prevent the Town Enforcement Agent from making an evaluation of the animal. F. The owner of an animal declared to be dangerous shall prevent the animal from running at large as defined in this Chapter. G. The owner of an animal declared to be dangerous shall prevent the animal from biting, injuring and/or attacking any person and/or domestic animal outside of the confinement area. 18-7-7 Violations; Penalties A. -Wherever in this Chapter Article any act is prohibited or declared to be unlawful or the doing of any act is required or the failure to do an act is declared to be unlawful, the violation of that provision is a class one misdemeanor punishable, except for the penalties already set forth in this GliaptecArticle, by a fine of not less than $100 and not more than$4,0002,500 and/or by imprisonment for not more than six (6) months. No judge may grant probation to and/or suspend the imposition of the minimum fine prescribed in this paragraph. In addition, a person may be placed on probation for not more than three (3) years. This shall not be construed to affect, in any way, the imposition of the minimum mandatory penalties provided in this paragraph. B. Each day or portion of a day any violation continues or occurs shall constitute a separate offense. 18-8 Excessive Noise Caused by Animals or Birds; Violations; Penalties 18-8-1 It is a civil infraction for anyone : • -'-: :: - '-:, -. :: '-: . eantfellingto own, possess, harbor and/or control any animal or bird which f 19Frequently or for continuous duration howls, barks, meows, squawks or makes other sounds, if they are clearly audible sounds beyond the property line of the property on which they are conducted and they disturb the public peace, quiet or comfort of the neighboring inhabitants. (111-0' F:\Clerk\Town Code\Anin►al Control Ordinance\Animal Control Code new redline v2.doc 15 18-8-2 Civil Sanctions. A person found responsible for a violation of this Article shall be sanctioned by the Magistrate or hearing officer as follows: 49A. First violation within a 12-month period - a fine of not less than Twenty Five Dollars ($25.00) and no more than Two Hundred and Fifty Dollars ($250.00). MB. Second violation within a 12-month period - a fine of not less than One Hundred Dollars ($100.00) and no more than Two Hundred and Fifty Dollars ($250.00). 24C. Third or subsequent violation within a 12-month period - a fine of not less than Two Hundred Dollars ($200.00) and no more than Two Hundred and Fifty Dollars ($250.00). 22D. Default. If an individual receiving a notice of violation fails to appear at the hearing time designated in the notice of violation and/or the time designated for a hearing by the Court, that individual shall be deemed to have admitted the allegation in the complaint and the Court shall enter judgment and impose a civil sanction in accordance with the provisions of this Chapter. 23E. If any penalty ordered to be paid by the Magistrate or forfeited pursuant to default is not paid within thirty (30) days of the Magistrate's order, appropriate civil proceedings, both legal and equitable, may be initiated by the Town Attorney in order to enforce the administrative order. The Magistrate may also institute judicial proceedings as provided by law to collect such penalty. All penalties corrected pursuant to this Article shall be paid to and become the property of the Town of Oro Valley. Aid 24F. Each day and/or a portion of a day a violation continues under this Article shall constitute a separate offense. 18-9 Biting Animals 18-9-1 Offenses A. The owner of any animal that b tesfound to have bitten and/or otherwise injureds human beings and/or other ' animals shall be guilty of a class one misdemeanor except as provided in Section 18-9-2(E)(6).- B. It is unlawful for any person to fail to comply with an order of a Town Magistrate regarding a biting animal. Such offense is a class one misdemeanor and it is a separate offense for each day or a portion of a day the owner fails to comply with the Magistrate's order. C. A violation of this Article is punishable with a sentence of imprisonment for up to six (6) months, three (3) years probation and/or a two thousand five hundred dollar ($2,500) fine. in accordance with the provisions of Section 18 10 2(B)of this Chapter. D. Misdemeanor Compromise: A violation of this Article may be misdemeanor compromised pursuant to the procedures set forth within Arizona Revised Statute § 13-3981. The recommendation of the Town Prosecutor's Office shall be necessary before such arrangement can be entered into. NisiO F:\Clerk\Town Code\Animal Control Ordinance\Animal Control Code new redline v2.doc 16 18-9-2 Order to Show Cause/Biting Animal A. The Town Enforcement Agent, upon determining that any animal within the Town limits is a "biting animal", and is in-an immediate danger to the safety or any person or other animal, shall immediately impound the animal. B. Within ten (10) days of the date of impoundment, the Town Magistrate shall conduct a hearing as described in this Article. C. The Oro Valley Magistrate Court, for good cause shown in a petition filed by the Town Prosecutor's Office, shall order that an Order to Show Cause Hearing be held, at which time the owner shall appear and show cause why the animal should not be declared a "biting animal" and sanctions ordered. D. The owner of the animal shall be notified of this hearing by the Court. Upon proof of such notification, such hearing may proceed in the owner's absence. E. Sanctions: Upon the declaration of an animal as a "biting animal", a Town Magistrate may order one or more of the following: 1. That the animal shall be kept in an enclosure that is high enough so that the animal cannot bite, harm, and/or injure anyone outside the enclosure; that the enclosure and property whereon it is located shall be posted with conspicuous warning signs; and that at no time shall the animal leave the enclosure unless it is muzzled, leashed and under the control of an adult human being, or 2. That the animal be banished from the town limits of the Town of Oro Valley; or 3. That the animal be humanely destroyed; or 4. That the animal be spayed or neutered at the owner's expense; or 5. Restitution up to one thousand dollars ($1,000.00) may be ordered made by the owner to the victim. This remedy shall not abridge any civil cause of action by the victim. 6. Defenses: It shall be an affirmative defense to this Article if: a. Provocation existed at the time of the bite; or b. The dog is a police dog under the command of its trainer. 18-10 Sale of Animals 18-10-1 Sale of Animals at swap meets and public property prohibited No animal including birds or reptiles shall be offered for sale, gift or other transfer of ownership, and no animals including birds or reptiles shall be sold, given away or otherwise transferred, on or from any public street, roadway, right-of-way,sidewalk, park or swap meet. A "swap meet" is defined for the purpose of this section as a place of commercial activity popularly known as a swap meet, flea market or park-and-swap,which is open to the general public and composed of enclosed, semi-enclosed or F.Clerk\Town Code\Animal Control Ordinance\Animal Control Code new redline v2.doc 17 outdoor stalls, stands or spaces rented or leased to persons on a temporary basis for the purpose of display and sale, barter or exchange of new or used merchandise. 18-10-2 Exceptions Nothing in this Article shall prohibit the sale, gift, or other transfer of ownership of animals at county fairs, animal exhibitions or shows, 4-H activities, and other activities or events that are regulated by other state or county agencies. 18-10-3 Penalties A violation of this Article shall be a class one misdemeanor punishable by a fine of no less than one hundred dollars ($100.00) and no more than three hundred dollars ($300). 18-1018-11 Penalties/Sanctions 18-11-1 Civil Sanctions 111) A A person found responsible for a violation of the prohibited activities in Articles 18 2, 18 3, 18 4, or 18 8 shall be sanctioned by the Magistrate or --. '- - . : • :Unless otherwise specified, a civil infraction for violation of this Chapter carries the following penalties: :A. First violation within a 12 month period - a fine of not less than twenty- five dollars ($25.00) nor more than two hundred fifty dollars ($250.00). KB.Second violation within a 12-month period - a fine of not less than one hundred dollars ($100.00) or more than two hundred fifty dollars ($250.00). QC. Third or subsequent violation within a 12-month period - a fine of not less than two hundred dollars ($200.00) or more than two hundred fifty dollars ($250.00). H:D. Default. Any owner of an animal receiving a notice of violation and failing to appear at the hearing time designated in the notice of violation, and/or at a time designated for a hearing by the Court, shall be deemed to have admitted the allegations of the complaint, and the Court shall enter judgment for the State and impose a civil sanction in accordance with the provisions of this Article. LE. In the event any penalty ordered to be paid by the court or forfeited pursuant to default is not paid within thirty (30) days of the Magistrate's order, appropriate civil proceedings both legal and equitable may be initiated by the Town Attorney in order to enforce the administrative order. The Magistrate may institute F:\Clerk\Town Code\Animal Control Ordinance\Animal Control Code new redline v2.doc 18 * 1 h judicial proceedings as provided by law to collect said penalty. All penalties collected pursuant to this Article shall be paid to and become the property of the Town of Oro Valley. 18-110-2 Criminal Penalties 18 5, 18 6, 18 7 or 18 9 shall be penalized by the Magistrate as follows: $11 et • . • • . • • • • . .• • . ,•• ••.• • , •. . • , 2.18 11, Rules of ProcedureUnless otherwise specified, a criminal violation of any provision in this Chapter shall be a class one misdemeanor carrying a maximum penalty of up to six (6) months imprisonment, three (3)years probation and/or a fine in the amount of two thousand five hundred dollars ($2,500.00). 18-1118-12 Rules of Procedure All civil proceedings under Articles 18 2, 18 4 and/or 18 5this Chapter shall be governed by the Rules of Procedure in Civil Traffic Violation Cases 17(A), Arizona Revised Statutes.Procedures for Civil Traffic Violations, A.R.S. §28-1591 et. seq. and amendments thereto. (111W I8.1218-13 Authority of Animal Control Officer or Peace Officer 1 Q 1 . Enfofee ent The Town Enforcement Agent and/or peace officers are hereby authorized and empowered to enforce the provisions of this Chapter and issue citations for violations thereof. Pima Animal Care Center shall have primary responsibility for the enforcement of this Chapter. b)Use of Force The Town Enforcement Agent and/or peace officer are authorized other enclosed space whenever it appears that the animal's life or healer-is • •• •• for damages to property caused by the use of reasonable force to remove an F:\Clerk\Town Code\Animal Control Ordinance\Animal Control Code new redline v2.doc 19 4 TOWN OF ORO VALLEY TOWN COUNCIL COMMUNICATION MEETING DATE: November 5, 2008 kikw TO: Honorable Mayor and Town Council FROM: Sarah S. More, FAICP, Planning and Zoning Director SUBJECT: 0V12-97-22B,Vistoso Community Church, represented by Axiz, Ltd, requests approval of a development plan for an addition to the existing church located at 1200 E. Rancho Vistoso Blvd. Parcel #is 223-05-003D. DEVELOPMENT REVIEW BOARD RECOMMENDATION: The Development Review Board (DRB) reviewed this development plan at its September 9, 2008 meeting. The board voted unanimously to recommend approval of the project, subject to conditions (see Attachment 3). EXECUTIVE SUMMARY OF APPLICATION: This project is fora proposed addition to the existing Vistoso Community Church, in Sun City, Rancho p p Vistoso Planned Area Development (PAD), that was built in 1999. The existing church is 6,262 square feet (s.f.) The addition encompasses 7,042 gross s.f. of building space for lobby, offices, kitchen/dining and assembly. zoning The is Rancho Vistoso C-2, Regional Commercial. The development will include the ollowing: • The site is 3.95 acres. • The new space will be used for lobby, offices, dining area, storage and restrooms. • The site has been extensively developed. There are mature mesquite and acacia trees in the buffer yard and parking area. • Building height is twenty-two (22') feet, OVZCR height limit is thirty (30') feet, and maximum building g height per Sun City Vistoso CC&R's is twenty-four(24') feet. • Additional features include: a new courtyard and patio, a handicapped access ramp, additional parking, and a new passenger/drop-off area. • An extensive pedestrian network and a sidewalk along Rancho Vistoso Boulevard are provided. • The property slopes from north to south. • A first flush drainage system and new detention area are provided on the southeastern part of the site to improve stormwater treatment. A neighborhood meeting was held on May 27, 2008. Key concerns were: • Possible loss of vegetation • Noise • Lighting • Concern that the sidewalk for Rancho Vistoso Blvd. will not be part of a complete sidewalk network. ,he above issues are further addressed on page 5. F:\OV\OV 12\1997\12-97-22B\Reports\TC report 11-08 12-97-22B.doc TOWN OF ORO VALLEY TOWN COUNCIL COMMUNICATION, OV12-97-22B Page 2 of " BACKGROUND: Nature of Application: The development plan stage involves resolving all design and site layout issues related to zoning g requirements, as well as specifications of all reviewing agencies. Once recommendations are made by staff, the development plan is reviewed by the Development Review Board (DRB), which in turn forwards the application with its recommendation to Town Council. Development plan approval constitutes authorization for the developer to proceed with engineering plans and specifications forublic improvements and the p p building permit process. Approvals to Date: • The Rancho Vistoso PAD was established in 1987. • At their regular meeting on June 10, 2008, the DRB voted 5 —0 to conditionally approve rove the architecture for this project. The condition was met, and the architecture was certified. • On September 9, 2008, the DRB voted unanimously (6-0) to conditionally approve the development plan. pp p Surrounding Land Uses: Orientation Zoning Land Use Regional Commercial (C-2) North: and Medium DensityNeighborhood shopping area and Sun City Vistoso, Unit 5 Residential (MDR) (Single family residential) South: Medium Density Residential Sun City Vistoso, Unit 8 (Single family residential) (MDR) East: Medium Density Residential Sun City Vistoso, Unit 8 (Single family residential) (MDR) • Regional Commercial (C-2), West: O en S ace and Medium Golder Ranch Fire Station, open space and Sun p p City Density Residential (MDR) Vistoso, Unit 9 (Single family residential) ANALYSIS OF OVZCR 22.6 B,DEVELOPMENT REVIEW CRITERIA: "In considering any application for development review, the Development Review Board shall beuided" g by a specific list of criteria when deliberating. The following is a list of noteworthycriteria (in followed staff commentary: italics) by 1. The Development Review Board shall examine the application to insure that allf o rovisions this Code and p all other Codes, master plans, general plans and standards of the Town shall be complied with where applicable. No) F:\ov\ovi2\1997\12-97-22B\Reports\TC report 11-08 12-97-22B.doc TOWN OF ORO VALLEY (100TOWN COUNCIL COMMUNICATION, OV12-97-22B Page 3 of 6 A. GENERAL PLAN COMPLIANCE: Development Plan Noteworthy General Plan 2020 policies are listed below: Built Environment, Policy 2.1.8, The Town shall ensure that all landscape improvements adhere to the following guidelines: • Maintain a predominantly natural desert image and conserving water resources • Preserve, restore and enhance the ecological and scenic qualities of the natural landscape; • Mitigate negative visual impacts of buildings and parking lots; • Improve the functional use of a site. The approved landscape plan supports these policies. The existing site is relatively sparse, except for a number of trees. The plan introduces a wide variety of drought tolerant, desert plantings to the site that will substantially improve rove it. Trees are added to landscape islands, adding shade and mitigating visual impact. Development Diversity, Policy 1.3.6, The Town shall encourage new developments to incorporate accommodations for non-motorized travel in their design. The project includes bicycle parking that meets OVZCR requirements. Five(5') foot sidewalks are required on %.,oth sides of Rancho Vistoso Boulevard as a part of all future private development. The applicant designed a five foot sidewalk along Rancho Vistoso Boulevard in accordance with this requirement, and a sidewalk links the building site with the proposed public sidewalk. These improvements will make the site more accessible by non-motorized travel modes. B. OVZCR COMPLIANCE: Development Plan In general, the development plan meets all applicable OVZCR requirements. Noteworthy requirements are listed below: Zoning: Rancho Vistoso PAD 1. Maximum Building height = 39'maximum, 22'provided. 2. Minimum required open space = 10%required, 47.9%provided. 3. Required setbacks =15building ' setback to front lot line, 10' setback to rear lot line, 50'provided adjacent to residential. Off-street Parking • Section 27.7 B 3,Expansions 1. This section requires that if the project proposes an expansion of 25% or more square footage, the requirements of the code must be met for the entire property. 2. The required number of parking spaces is provided. 3. The plan provides expanded, 10' wide landscaped islands for every nine spaces. 4. The requirements of the lighting code must be met for the entire site. F:\ov\ovi2\1997\12-97-22B\Reports\TC report 11-08 12-97-22B.doc TOWN OF ORO VALLEY TOWN COUNCIL COMMUNICATION, 0V12-97-22B Page 4 of • Section 27.7 D Required Number of Spaces, E Mobility - Impaired Accessible Spaces, & F Bicycle Parking 1. The required number of parking, mobility impaired, and bicycle spaces are provided, and all requirements of these sections have been met. 2. Additional mobility impaired spaces are provided to meet anticipated need. Section 27.7 G e,Passenger Drop-off points: A passenger drop-off is provided at the main public entrance in the new drive aisle on the east side of the building. C. OVZCR DESIGN GUIDELINE COMPLIANCE: Development Plan • Addendum A C 2 c: "The scale of Oro Valley is low profile and oriented to human scale. This can be maintained by: i.v., Integrate building design with the design of street, hardscape and landscape elements, so that the building and grounds present a natural, integrated appearance." The site elements include: building, patios, and walkways. These elements are well-integrated within the limited building area available. The landscaping is appropriately located to help soften and integrate these elements into the site. • Addendum A C 1 e: "Transitions should be provided between land uses that are not compatible. Design buildings so that orientation and height are sensitive to adjacent land uses." At the neighborhood meeting, concern was raised about possible noise impacts to adjacent residents. The new building was located as far away from neighbors as possible. In addition, the patio to the northwest that is intended to be used for outdoor gatherings is located so that the building will buffer neighbors from possible noise. D. PUBLIC WORKS COMMENTS: DRAINAGE: The existing on-site drainage flow pattern is from north to south. Changes to the existing on-site drainage patterns will be minor and a relatively small amount of impermeable surface area will be added to the already developed site. There is an existing small detention basin located at the south west end of the parking lot. Drainage conveyance along the east and south side of the project will be upgraded to accommodate additional flow which includes an additional detention basin on the east end. First flush treatment will consist of catch basin filter inserts which are designed to capture sediment, debris/trash, and oils/grease from parking lot areas. GRADING: A Type 2 Grading Permit will be required to construct building pads, retaining walls, drainage structures, utilities, parking lot and any other structures requiring grading on the project site. F:\ov\ov12\1997\12-97-22B\Reports\TC report 11-08 12-97-22B.doc TOWN OF ORO VALLEY TOWN COUNCIL COMMUNICATION, OV12-97-22B Page 5 of 6 TRAFFIC: The existing roadway network providing access to this project site has been designed to handle traffic generated by the church. The proposed church expansion will not trigger additional improvements to the surrounding existing roadway network. E. PUBLIC NOTIFICATION AND COMMENT: This project has been noticed in accordance with Town procedures, which include the following: • Property owner mailing for all directly affected residents within 300' of subject parcel. • HOA mailing. • Post property. • Post at Town Hall and on web. The applicant held a neighborhood meeting at the church on May 27, 2008. Approximately 18 residents and church members and one DRB member attended. At the neighborhood meeting, staff was asked if the buffer on the east could be enhanced. None of the trees in the existing buffer on the east will be removed, and, in fact, the buffer will be enhanced with approximately six additional trees and shrubs. The landscape consultant believed that was the maximum number of trees the area could accommodate. the possible spillover of lighting to adjacent residents was a concern. Regarding headlights, staff has confirmed that the headlights of vehicles that pull into the perimeter parking spaces will not shine above the perimeter six foot wall. Regarding site lighting, a condition has been added that the lighting standards for all parking spaces abutting the south and east buffer yards may not be higher than the adjacent residential subdivision screen walls. An additional comment letter regarding the project is included. SUMMARY OF FACTORS: Findings in Favor: 1. The development plan and landscape plan meet all applicable General Plan policies, OVZCR requirements and Design Guidelines. 2. The applicant met with neighbors to hear and address their concerns. Their comments have been addressed and incorporated into the plan. 3. The Development Review Board voted unanimously to recommend that the plan be approved, subject to conditions. Most of those conditions have since been addressed. Findings Against: 1. None. F:\ov\ov12\1997\12-97-22B\Reports\TC report 11-08 12-97-22B.doc TOWN OF ORO VALLEY TOWN COUNCIL COMMUNICATION,OV12-97-22B Page 6 0' SUGGESTED MOTIONS: The Town Council may wish to consider one of the following suggested motions: I move to [approve, approve with conditions, OR deny] OV12-97-22B, Applicant's request for a development plan and landscape plan for Vistoso Community Church subject to the conditions in Exhibit A. Attachments: 1. Exhibit A, Conditions of Approval 2. Development Plan 3. Draft Minutes, September 9, 2008, DRB meeting 110 • s. . -. ore, P a n1 Zo, ng D4 ector Aft Craig Civa - , Town Thgineer i e e Watson, sistant Town Manager David Andrews, Town Manager Project Manager: Karen Berchtold, Senior Planner • cc:Brian Hagedon,fax 882-4307 NO) Ken Hunt F:\OV\OV12\1997\12-97-22B\Reports\TC report 11-08 12-97-22B.doc Exhibit A Conditions of Approval OV 12-97-22B Engineering: 1. Provide a cross-section for the area to the west and adjacent to the passenger drop-off as indicated in the redline plan set. The cross-section will provide clarification as to the 6- inch rise indicated by the proposed spot elevations in this area. 2. Revise grades at the ADA parking area to the south east of the building as indicated in the redline plan set. The maximum slope for ADA parking is 2% in any direction. 3. Show on sheet 2 where cross-section J/3 is located. It appears to be cut to the east of the new building through the ADA parking. If so, then revise the specified minimum 2% slope to indicate a maximum 2% slope in any direction as required in ADA parking spots. 4. Provide a bar scale just below the north arrow as indicated in the redline plan set. 5. Provide adjustments to the keynote numbering to match text alignment. Planning: maw 1. On Sheet 1 of 4: Change note #35 to read: "Maximum building height = 39 feet" and "Required Setbacks = 15' building setback to front lot line, 10' setback to rear lot line." 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' ''' ' a ..ice` 'vm w w - DZ� �s O rG � O V H 11111111111,,,, ,, y fTl 28 g _,,,o, .2 . '11)-:, 8 .. O~Q,--2. Q . .z z �,,�O� D D N O O m� ), t 41 A m rn ---1 f`�o o .1 5'0' 8 0' f ;OnI c y rn '' +, �z n 10 o `ADD 9] fl = o a it P V 2 ATTACHMENT 3 Mr. Vella stated if the applicant wished to add a sign at another elevation the fire ,,. department will have to ask for a variance. MOTION: A motion was made by Member Gribb and seconded by Member Buette to accept, OV3-08-06, Golder Ranch Fire District, represented by Pearson Signs, request approval for a sign criterion for a new fire station located at 10475 N. La Canada Drive, adjacent to the Northeast corner of La Canada Drive and Lambert Lane with the following conditions: locate the wall sign on the north elevation on the covered entrance. The wall sign will not be illuminated and the lettering on the monument sign will be copper patina. The Golder Ranch logo will be allowed in full color. MOTION carried, 7-0. 2. OV12-97-22B, Vistoso Community Church represented by Axiz, Ltd, requests approval of a development plan and landscape plan for an addition to the existing church located at 1200 E. Rancho Vistoso Blvd. Parcel # is 223-05-003D. If you have any questions about this matter, please contact Karen Berchtold, Senior Planner, at (520) 229-4814 or kberchtold©orova I leyaz.gov. Staff Report 111110 Exhibit A Kevin Perco, Axiz, Ltd. presented the proposed development plan. Eric Barret, Arc Studios, presented the proposed landscape plan. Karen Berchtold, OV Senior Planner, presented the staff report and stated staff recommended approval with the conditions in Exhibit A. Carol Goeman, OV resident, asked for clarification of the parking canopy and if the height of the building would still be the same. The applicant stated that the parking canopy will be four sided with an aluminum roof and the building height remains the same. MOTION: A motion was made by Member Buette and seconded by Vice-Chair Caswell to approve OV12-97-22B, Vistoso Community Church represented by Axiz, Ltd, requests approval of a development plan and landscape plan for an addition to the existing church located at 1200 E. Rancho Vistoso Blvd., with the conditions in Exhibit A. MOTION carried, 6-0. 3. Nomination and Election of Chair and Vice Chair of the Development TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: November 5, 2008 £0: HONORABLE MAYOR AND COUNCIL FROM: Sarah S. More, FAICP, Planning & Zoning Director OV12-08-17, The Town of Oro Valley Public Works Department, requests approval SUBJECT: plan a development for a proposed Transit and Circulator Park and Ride facility,located in proximity to the northeast corner of Rancho Vistoso Boulevard and Innovation Park Drive. EXECUTIVE SUMMARY OF APPLICATION: and circulator parkinglot, with. 104 parking spaces to serve as a Park N' Ride The project consists of a transit yzoning pad for Oro Valley. The for the is Rancho Vistoso Planned Area Development (PAD) with an underlying zoning classification of C-1. • Thero ert is 1.63 acres in size and is currently undeveloped. p p y • Adequate parking and circulation have been provided. • Thearkin lot consists of 104 total parking spaces,4 of which are handicap accessible. p g • Additionally, project the 'ect p rovides 6 Class I bicycle parking lockers, as opposed to 5 Class II bicycle parking spaces and 1 Class I bicycle locker as required by OVZCR Section 27.7.F, to promote bicycle y ridership. • The proposed parkinglot incorporates bus shelters to be designed by an artist at a later date to meet the p p � itliar public art requirement for the development. DESIGN REVIEW BOARD RECOMMENTDAION: At their regularly scheduled meetingon October 14, 2008, the Design Review Board voted unanimously (4-0) g y to recommend approval of the proposed development plan per staff recommendations. Nature of Application: The development plan stage involves resolvingall designand site layout issues related to zoning requirements as well as specifications of all reviewing agencies. Once recommendations are made by staff, the developmentplan is reviewed bythe Development Review Board, which forwards the application with p its recommendation to Town Council. Development plan approval constitutes authorization for the developer toroceed with the engineering plans and specifications for public improvements, as well as the building p g permit process. Current Site Conditions: • The site consists of 1.63 acres and is zoned Commercial (C-1). • Maximum building height for this zone is thirty-four feet (34'), three stories; bus bench shelters will g not exceed 12'. • Building setbacks include: 441,, Front 20' Rear 25' Side None TOWN OF ORO VALLEY COUNCIL COMMUNICATION, OV12-08-17 Page 2 of 6 Proposed Improvements: ,410101/ ■ Transit and circulator Park N' Ride lot consisting of 104kin spaces arwith a p g p bus stop and passenger shelter facilities. BACKGROUND: The 1.63 acre site is currently undeveloped and designated Rancho Vistoso PAD - gC 1 Commercial District. The site is accessed off Rancho Vistoso Boulevard and Innovation Drive. To further orient, the site is east of Oracle Road and the Northwest Medical Center Urgent Care Facility. y Approvals to Date This site was originally part of the western parcel adjacent to the site. A "MinorSubdivision",J Lands Subdivisias defined in the OVZCR, was approved by the Planningand ZoningAdministrator for Parcels # 223-020- 017M, 223-020-017N, and 223-020-017F on May 4th, 2006. The application administratively pp was ministratively approved with the following conditions: a) No new curb cuts along Rancho Vistoso Boulevard. b) Shared access providedor both adjoining fparcels. c) Cross-access drives for both parcels. For traffic safety issues, no new curb cuts are enabled along Rancho Vistoso Boulevard and cross-access to vied mitigate impacts to Vistoso Commerce Loop is required, per the Town Engineer.q � g eer. Each time a new access point is provided, especially in close proximity to a major intersection, it provides the potential for increased traffic conflicts. To alleviate this concern, staff required the following: g 1) Rancho Vistoso Boulevard: a shared access drive from the current curb cut on the abutting parcel to the west in order to accommodate ingress/egress for botharcels. This shared access ss drive has been depicted on the attached development plan. The proposed project complies with the abovementioned conditions. Dates associated with the development of Park N' Ride are: Ma 16 2006 RTA Voter approved plan y Park and Ride one ' of the Transit Elements sighted on the Transit Map Oct. 11 2006 General update on Transit Elements to Mayor and Council including Park and Ride Mar. 12 2008 Park and Ride update to Mayor and Council ' Presented location and schematic drawing Apr. 2, 2008 IGA approved for Park and Ride at Mayor and Council Jun. 4, 2008 Purchase agreement for Park and Ride approved at Mayor and Council ,4010 pp y TOWN OF ORO VALLEY COUNCIL COMMUNICATION, OV12-08-17 Page 3 of 6 L'urrounding Land Uses: Direction Designation Land Use North: Rancho Vistoso PAD —C-1 Undeveloped Land South: Rancho Vistoso PAD - CPI Sanofi-Aventis East: Rancho Vistoso PAD -C-1 Undeveloped Land West: Rancho Vistoso PAD— C-1 Vistoso Memorial Chapel ANALYSIS OF OVZCR 22.6 B DEVELOPMENT REVIEW CRITERIA: "In considering any application for development review, the Development Review Board shall be guided"by a specific list of criteria when deliberating. The following is a list of noteworthy criteria (in italics) followed by staff commentary: 1. The Development Review Board shall examine the application to insure that all provisions of this Code and all other Codes, master plans, general plans and standards of the Town shall be complied with where applicable. A. GENERAL PLAN COMPLIANCE the development plan for the Park N' Ride lot was reviewed utilizing the General Plan 2020. Several p noteworthy General Plan 2020 policies are listed below. • Policy 5.8 "The Town shall develop a public transportation system that allows all town residents to conveniently travel between and within regional and local activity centers..." The proposed parking lot provides an alternative to daily commuting throughout the greater Tucson metropolitan region. Providing the citizens of Oro Valley a means of reducing daily vehicle miles traveled, contributing to the betterment of our environment, and further diversifying the Town's transportation network. • Policy 5.9.5 "The Town shall continue to develop methodologies to encourage trip reduction and multi-modal transportation...and monitor needs for additional bus stops and Bike and Ride locations" By code, the proposed parking lot is only required to provide five (5) Class II bicycle parking locations and one (1) Class I bicycle locker. However, in an effort to encourage bicycle ridership, the proposed parking lot has incorporated six (6) Class I bicycle parking lockers. B. RANCHO VISTOSO PAD COMPLIANCE The proposed development plan meets all applicable Rancho Vistoso PAD requirements. TOWN OF ORO VALLEY COUNCIL COMMUNICATION, OV12-08-17 Page 4 of 6 C. OVZCR COMPLIANCE In general, the development plan meets all applicable OVZCR requirements. A noteworthy OVZCR policy is listed below: • Section 27.7.F.2.a: "One (1) bicycle parking space per 20 required vehicular parking spaces" The proposed Park N' Ride lot provides six (6) bicycle spaces for 104 vehicular parking spaces, two more than is required per OVZCR. Additionally, the proposed parking lot incorporates six (6) Class I spaces, bicycle lockers, in place of the required five (5) Class II spaces to further promote bicycle ridership. A Cultural Resources Survey, Significant Resource Inventory (SRI) and associated Native Plant Preservation Ordinance (NPPO)requirements will be completed prior to the issuance of any grading permits. D. ADDENDUM"A" DESIGN GUIDELINE COMPLIANCE: • Design Guideline C.6.d.i: "provide screened walls, berms or landscaping between parking areas and streets". The proposed parking area incorporates the required landscape buffer along the street frontage by utilizing a combination of screened walls, beans and landscaping; significantly de-emphasizing the parking area. E. PUBLIC WORKS COMMENTS: -wad Traffic The existing roadway network providing local access has been designed to handle the traffic generated by this project. Additional improvements to the existing roadway network are not needed except for curb line adjustment modifications to Rancho Vistoso Boulevard for the installation of a public bus bay. This development via a combination of both cross access easements and physical connectivity will provide full turning access for the undeveloped parcel to the southeast and the existing Vistoso Memorial Chapel to the northwest on Rancho Vistoso Blvd. Drainage The project site generally drains from north to south. The onsite generated storm water runoff is conveyed through the parking lot and into a catch basin. The catch basin will utilize a Triton insert which is a first flush filtering device used for the removal of contaminants from stormwater runoff. The catch basin filtered stormwater will discharge into a detention basin which will meter the outflow to pre-developed conditions. Grading Since this development is a municipal parking lot, the area that will be graded will require a Type 2 Grading Permit. All grading shall conform to both the Rancho Vistoso PAD as well as chapter 27.9 of the Town of Ned Valley Zoning Code. TOWN OF ORO VALLEY COUNCIL COMMUNICATION, OV12-08-17 Page 5 of 6 UBLIC NOTIFICATION AND COMMENT: ThisJro'ect has been noticed in accordance with Town procedures, which include the following: p • Property owner mailing for all directly affected residents within 1000' of subject parcel. • HOA mailing. • Post property. • Post at Town Hall and on web. To date, no comments have been received. SUMMARY OF FACTORS Findings in Favor: 1. The development plan meets all applicable General Plan policies, OVZCR requirements. 2. The development plan meets the intent of the OVZCR Appendix"A"Design Guidelines. 3. The p Park N' Ride lot is compatible with the surrounding land uses and densities. proposed Findings Against: 1. None RECOMMENDATION: he ro osed development plan, with the conditions listed in Exhibit "A", meet all applicable General Plan p p p policies, the OVZCR requirements, and Design Guidelines, staff recommends conditional approval of the applicant's request, provided that the project incorporates all the conditions listed in Exhibit"A". SUGGESTED MOTION: The Council may wish to consider one of the following suggested motions: I move to [approve, OR deny] OV 12-08-17, The Town of Oro Valley Public Works approve with conditions, Department requests approval of a development plan for an Oro Valley public transportation park and ride facility. Staff recommends any action be in compliance with the conditions in Exhibit"A". Attachments: 1. Development Plan; 2. Exhibit"A"Conditions of Approval. 3. "Draft"Design Review Board Minutes CC: Shirley Gay, Development Coordinator \\Cordev\pz 1\OV\OV I 2\2008\0V12-08-1 7\reports TOWN OF ORO VALLEY COUNCIL COMMUNICATION,_OV12-08-17 Page 6 of 6 / =r S atr . 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A cultural site analysis shall be completed prior to issuance of any grading permit. 2. A Significant Resource Inventory (SRI) and all associated Native Plant Preservation Ordinance requirements shall be completed prior to the submittal of the Landscape Plan 3. A landscape/hardscape plan shall be completed prior to the issuance of any grading permit. 10100, MINUTES • ORO VALLEY DEVELOPMENT REVIEW BOARD REGULAR SESSION October 14, 2008 ORO VALLEY COUNCIL CHAMBERS 11000 N. LA CANADA DRIVE CALL TO ORDER REGULAR SESSION AT OR AROUND 6:00 P.M. Chairman Gribb called the meeting to order at 6:00 p.m. ROLL CALL PRESENT: Tom Gribb, Chairman Jill Anderson, Member John Buette, Member Michael Schoeppach, Member ABSENT: Ray Shelton, Member EXCUSED: Mary Caswell, Vice-Chair Mike Zinkin, Member PLEDGE OF ALLEGIANCE Chairman Gribb led the audience in the pledge of allegiance. CALL TO THE AUDIENCE Opened and closed with no comment. CONSENT AGENDA A. Review and/or approval of the September 9, 2008, DRB minutes. B. Review and/or approval of the September 23, 2008, DRB minutes. Draft Minutes 09-09-08 Draft Minutes 09-23-08 Chairman Gribb moved both items on the Consent Agenda to be heard as the first item on the Regular Agenda. • REGULAR AGENDA A. Review and/or approval of the September 9, 2008, DRB minutes. B. Review and/or approval of the September 23, 2008, DRB minutes. Chairman Gribb requested changes to the September 9, 2008 minutes utes to show motions carried 6-0 not 7-0 on items A and 1. Chairman Gribb noted that sentence was missing on item 1. MOTION: A motion was made by Member Buette and seconded by Member Anderson to approve the September 9, 2008, and September 23, p2008, DRB minutes as amended. MOTION carried, 4-0. 1. OV12-98-01 E, Vistoso Partners, represented byThe WLB GroupInc., requests approval of a revision to the development and plans e for the Stone Canyon Swim and Fitness Center, located within Stone Canyon in Rancho Vistoso. If you have any questions about this matter, please contact Matt Michels, Senior Planner, at (520) 229-4822 or mmichels@orovalleyaz.gov. Staff Report Exhibit A Paul Oland, non resident presented the proposal. Bayer Vella, OV Principal Planner, stated thero p posal meets Town requirements and staff recommended approval with the conditions in Exhibit A. MOTION: A motion was made by Member Buette and seconded byMember er Anderson to approve 0V12-98-01E, Vistoso Partners, represented byThe WLB p Group Inc., requests approval of a revision to the development and landscape pe plans for the Stone Canyon Swim and Fitness Center, with the conditions in Exhibit A. MOTION carried, 4-0. 2. The Town of Oro Valley Public Works Department requests approval p q pp ova! of a development plan for a proposed Park and Ride facility, located in proximity to the northeast corner of Rancho Vistoso Boulevard and Innovation Park Drive. If you have any questions concerning this matter, p lease contact Paul Keesler, at (520)229-4811 or at ov pkeesler orovalle az. � Y g Staff Report Paul Keesler, OV Development Review Division Manager, presented the proposed development plan for the Park and Ride Facility. Mr. Keesler reviewed p p the following; Location Development Plan Improvements Public meetings Mr. Keesler stated staff recommended approval with the conditions in Exhibit A. Member Anderson asked how the number of spaces was calculated and if the parking being proposed was adequate for the future. Mr. Keesler responded as much as possible was fit on the site and still is within p compliance of the code. Amy Ramsey, OV Transit Administrator, stated the minimum spaces the RTA was looking for was 100, this plan exceeds that number by two and stated this would be adequate. Mr. Wagner, OV resident, stated his concern for safety because of the lack of signage at the driveway to the funeral home. He asked the DRB to consider directional sign access before the driveway to the funeral home. Mr. Wagner stated he wasp leased with the proposal for the Park and Ride facility. Mr. Keesler stated the town is hesitant to give directional sign to private businesses, and there are zoning code issues that will be addressed at a later date. MOTION: A motion was made by Member Schoeppach and seconded by Member Anderson to approve OV12-08-17, the Town of Oro Valley Public Works Department requests approval of a development plan for a proposed Park and Ride facility, located in proximity to the northeast corner of Rancho Vistoso Boulevard and Innovation Park Drive with the conditions in Exhibit A. MOTION carried, 4-0. ADJOURNMENT MOTION: A motion was made by Member Buette to adjourn at 6:37 p.m. MOTION carried, 4-0. .r• TOWN OF ORO VALLEY 7 Page 1 of 2 rOUNCIL COMMUNICATION MEETING DATE: 11/05/08 TO: HONORABLE MAYOR AND COUNCIL FROM: DAVID ANDREWS, TOWN MANAGER SUBJECT:• DISCUSSION AND COUNCIL MEMBER INPUT ON THE UPCOMING "COMMUNITY CONVERSATIONS ON LAND-USE PLANNING" SESSION SPONSORED BY THE SOUTHERN ARIZONA LEADERSHIP COUNCIL AND ARIZONA TOWN HALL SUMMARY: The Arizonanon-profitorganization Town Hall is a or anization that has been conducting town halls twice yearly for 45 years, with leaders from around the state being invited to discuss pressing state issues. Several Arizona Town Halls have been on education, and others have been on water,transportation, healthcare, immigration and virtually every other issue that affects Arizona's future. In its years of operation, the Arizona Town Hall has acquired a reputationorganization as an national that fosters understanding among diverse groups of people, reaches consensus and recommends important improvements to state officials and lawmakers. p Council (SALC)The Southern Arizona Leadershi partnered with the Arizona Town Hall in 2007 to create the i nal Town Hall (Town Hall . The Town Hall offers the opportunity to raise public awareness and Tucson Rego ) -)provideinput to public officials and the private sector. In the past year the Town Hall has worked with everal major organizations to developstudies related to land use and worked with the Arizona Daily Star on the Growth forum and survey earlier this year. Similar "Community to the Conversations on Water" event held in October 2007, the Town Hall is once again sponsoringa Town Hall event, this one based on regional land use planning. The "Community Conversation on Land-Use Planning" efforts together to create a scheduled for December 3, 2008, will link the various planning new level of information-sharing and dialog, and provide information that can be used by all jurisdictions to inform theirlannin efforts and ensure that the region more effectively manages its land use and development. p g yearMayor thisMa or Loomis was asked and accepted an invitation to participate in the Town Hall on land use. Council Members Latas and Gillaspie have asked that this item be placed on the agenda so that the entire Council has a chance to express their opinions to the Mayor prior to his participation in this event. ATTACHMENTS: 1. Letter from Southern Arizona Leadership Council to Mayor Loomis dated June 3, 2008. TOWN OF ORO VALLEY Page 2 of 2 COUNCIL COMMUNICATION MEETING DATE: 11/05/08 SUGGESTED MOTIONS: Each individual Council Member may want to provide comments to Mayor Loomis with respect to this forum. m. David Andrews, Town Manager II I ..,,�•,:tf,7��'+4i�".1.ib..rG:y-n'�-.,at'r..:+.,}a.yPf:r.r�✓.',-..�i`..�Tce,�.4w- ,�a"'..r,...s.'�-!.'i.•713`-^A.•!,:..4.�.•�•i4.Yt>"'r+:x`te 1j-. �tt'�.F.f�x.'�.9�33�y:G�u�°E.'y{{fC'.;�LLxt.�..�1 t>..tttiy'".4.J-gj4.-:.ftCC`F.�:I.µ-L��•J{>t.3.�.`....•.,Y,ay.��';wr0i'��ti�:-..{�.�s.ip.y>�:.'-�.F a 7 � .p'•;�N4,...��+jt� .• i."a.-..aFr�~•.b.�•.�.%'v;fi-'-+•`�'/x�'�.:':2:`.::',a.r�,.�/t.+x,�•S�_:.'tc.`i.�.''�.•,i.3f;,.:-+`f`i�es.,•,...•'•E.�"T1•3r-.,�.�.1!at•`���„,i+'itr,^^�Y�ie,,t.i?.waiiaf+cY..sn.F=,;.:.7.�-rF.�'.�.l�T,....:.«Y.�.:r�a..�ir:.YN.fi�,g:.,--f,.i..{,.�'.�i"i'�4.'ria-s1«A•i�r.+,�,t-:��•-�a.ficd.'�],s-_1^'3�.,.rf1:•.4t:.rP.�..''�"�....i.A'.f�.�t-..:tif.�.+a-3�'vi.'.�6'+�.Y.k1 !' .�.s.�•'�a!��-3'`'S1..I ".iKr`.':C�•iF7,�,.zk1^��:_ .;�.�1at.."Ii-�r c.'�n.`r�y��iJr;."..•_1�..-.2�rr1•3.`�d!�lr.-v.'k i..�Y7f.}i.;#.,..-i.f y�d.o,:,rr,:r��.i`:A!,'f*.tt:, t'F^U-"2,ft'R�p°..�F.L.}�"-it=J�."tr.".<�-f.`'"�:Y`a'�!r.T�•:.�'t: �•���,ir r`J,3-f�.j'"•.rr':-v.-.•'"�..`'S<:!s•z S••y.-�tz.'�Y`i F((�-jji.r•SL'4�ma�+�Dyy.!!�R 0+ry._ •',�-e,« , 4•is:.f�?-�F• >� V30 1.. _i�..:'•si��tn.a'<c6c:_,•. " iur 4 s , 1 447. r 7'o; vr ' rt �f � { � Si *Ilk=. r , t -0101:-A40: `.01Au� -4404.144,c 47,'1415%,"�w o% 7r ta�v ':3M Mw1 .ir , C"me�-�d/ -' .d3f4�i )1 .# "! 'ft •. �x. .. .3' �/'.-!• y;� ..s ... - .. _ .. 4r SOUTHERN AR 1 Z O N A LEADERSHIP COUNCIL summommimmimmin 4400 E.Broadway Suite 307 Tucson,AZ 85711 June 3, 2008 Ph. 520.327.7619 Fax 520.327.7613 Paul Loomis, Mayor WWW.SALC.ORG Town of Oro Valley 11000 N LaCanada Dr Oro Valley, AZ 85737 Dear Mr. Loomis: The Tucson Regional Town Hall strongly emphasized the need to make land-use planning more regional while respecting local land-use planning considerations. To begin implementing this community consensus, we are inviting you to join with us, under the Tucson Regional Town Hall banner, to participate in a forum on regional land use planning this fall. Our goals for the project include educating our community about the importance of land use planning and sharing information on current planning efforts across our region. Additionally we believe there is great value in examining some best practices from other similar regions. As is the custom of Town Hall, we will seek input on the public's values and concerns on the subject. Most important is that this event helps prepare all of us, regardless of our role, to make and support good decisions that will enhance our region for years to come. In the year since the Tucson Regional Town Hall, several events have kept the land-use discussion alive. • The American Institute of Architects, Southern Arizona chapter, completed a "Sustainable Design Assessment Team"report. They are committed to co-hosting this Tucson Regional Town Hall follow-up meeting on land use this fall. • The Urban Land Institute, Arizona District Council/Southern Arizona Committee sponsored a program entitled"Creating a Regional Community"in October 2007. They have also committed to co-hosting the event. • The Arizona Daily Star sponsored the Growth forum and survey earlier this year. In addition, the Star is a Tucson Regional Town Hall sponsor and is looking forward to their role in this conversation as well. The groups below have also committed to this event and many more have expressed an interest in joining with us. • The Tucson Association of Realtors • The Southern Arizona Leadership Council • The Sonoran Institute • The Metropolitan Pima Alliance. As part of the process, the Tucson Regional Town Hall will conduct a Community Voices survey on land-use planning that can be added to the Arizona Daily Star Growth Survey results. Through its unique consensus-building process, Town Hall offers the opportunity to raise public awareness and to provide input to public officials and the private sector. The land-use conversation this fall will be a meaningful step forward for our region and it will support other activities being considered. • Gov. Janet Napolitano's Growth Cabinet has called for regional and statewide planning and is supporting efforts designed to create a vision for the future of land use in the State of Arizona. Last month the Urban Land Institute conducted a "Reality Check"in Central Arizona and we should consider how we can respond to this call in a way most effective in Southern Arizona. Our Community Conversation on Land Use will help us chart a course for future action. • The Pima Association of Governments desires to hold regional land-use discussions with all local municipalities. We applaud the initiative and offer that this forum is the perfect opportunity to begin these discussions. The fall 2008 "Community Conversation on Land-Use Planning"will be similar to the highly successful"Community Conversation on Water"held in October of 2007. With the Tucson Regional Town Hall as a neutral convener, the event is open region wide and it will be inclusive. Participants will include a diversity of groups, businesses, conservationists, environmentalists and elected officials, as well as planners. There are others in our region that desire a voice and the Town Hall process makes inclusionp ossible, but with enough structure that real progress can result from the discussions A Tucson Regional Town Hall Planning Committee will guide the planning for the forum. The committee is envisioned as a public/private partnership working to facilitate an event that will be good for the entire region. The"Community Conversation on Land-Use Planning"will link the various planning efforts together, create a new level of information-sharing and dialog, and provide information that can be used by all jurisdictions to inform their planning efforts and to ensure, as the Tucson Regional Town Hall participants desired, that the region more effectively manage its land use and development. The private sector is strongly committed to making this unique opportunity for the Tucson region a great success. We hope you will join in the effort. Please call Ron Shoopman at 520-327-7619 if you have any questions and sign up to take part in what promises to be a unique and productive event. Sincere , P Pete Likins TOWN OF ORO VALLEY 8 Page 1 of 1 �'OUNCIL COMMUNICATION MEETING DATE: Nov. 5, 2008 TO: HONORABLE MAYOR AND COUNCIL FROM: David Andrews, Town Manager SUBJECT: Volunteer Selection Committee SUMMARY: For several years, the Town of Oro valley has hosted an annual appreciation event to thank the many volunteers who contribute their time and resources on behalf of our citizens. There are more than 400 volunteers who serve over 30,000 hours annually on behalf of the Town, resulting in a savings of nearly $200,000 a year. Last year, the Town initiated a special recognition for those volunteers who have given generously over the years, serving the Town in multiple ways. This annual recognition is given to one man and one woman who have gone above and beyond in their service. Bill Adler and Lyra Done were the first recipients of those awards. Going forward, we would like to form a selection committee to decide the annual recipients, which consists of one man and one woman each year. The selection committee would consist of the Communications Administrator, the past year's recipients, and two Council members. rniw FISCAL IMPACT: None ATTACHMENTS: SUGGESTED MOTIONS: Consideration and possible action to appoint two (2) Council members to serve on the Volunteer Recognition Selection Committee. I move to appoint and' to serve on the 2008 Volunteer Recognition Selection Committee. , / .. 1 ,I.,..i A / ,_,,e / - ir.' - Or JP' � $r ,.vis, 4 - .Pia ons Administrator e...,,.,,c„ /1/11, 4141,,,/1,- David Andrews, Town Manager