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Home My WebLink AboutPackets - Council Packets (936) **AMENDED (2/16/07 11:00 a.m.) AGENDA ORO VALLEY TOWN COUNCIL REGULAR SESSION FEBRUARY 21, 2007 ORO VALLEY COUNCIL CHAMBERS 11000 N. LA CANADA DRIVE REGULAR SESSION AT OR AFTER 5:30 PM CALL TO ORDER ROLL CALL EXECUTIVE SESSION AT OR AFTER 5:30 PM Pursuant to ARS 38-431.03.A(3) consultation for and discussion of legal advice and A(4), consultation, discussion and direction to legal counsel regarding negotiations; Council may vote to go into Executive Session regarding the La Canada Road widening project between Naranja Drive and Tangerine Road RESUME REGULAR SESSION AT OR AFTER 7:00 PM CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE UPCOMING MEETING ANNOUNCEMENTS — TOWN MANAGER COUNCIL REPORTS DEPARTMENT REPORTS TOWN MANAGER'S REPORT The Mayor and Council may consider and/or take action on the items listed below: ORDER OF BUSINESS: MAYOR WILL REVIEW THE ORDER OF THE MEETING CALL TO AUDIENCE —At this time, any member of the public is allowed to address the Mayor and Town Council on any issue not listed on today's agenda. Pursuant to the Arizona Open Meeting Law, individual Council Members may ask Town Staff to review the matter, ask that the matter be placed on a future agenda, or respond to criticism made by speakers. However, the Mayor and Council may not discuss or take legal action on matters raised during "Call to Audience." In order to speak during "Call to Audience" please specify what you wish to discuss when completing the blue speaker card. PRESENTATIONS a. Plaque of Appreciation presented to Sarah Frost for her service on the Finance & Bond Committee 9 02/21/07 Agenda, Council Regular Session 2 Comprehensive Plan presented by Jerry Stabley, b. Penal County Visioning and DeputyPlanning Director and Ken Buchanan, Assistant County Manager 1. CONSENT AGENDA (Consideration and/or possible action) A. Building Codes Activity Report - January 2007 B. Coyote Run Monthly Report - January 2007 - 2007 C. Economic Development Division Monthly Report January D. Northern Pima CountyChamber of Commerce Quarterly Report: October 1, 2006 - December 31, 2006 E. Resolution No. (R)07-20 Amending the Town of Oro Valley Drug p Free Workplace Federal Transit Administration (FTA) Drug/Alcohol Policy F. Resolution No. (R) 07-21 Authorizing and Approving a Construction Contract with Tricon Contracting, Inc. for Oro Valley Drive 8-Inch C- Zone Water Main Extension in the amount of $325,558.00 for Project OV21-03-06 G. Resolution No. (R)07-22 pp Approving and authorizing the execution of ac contract with Madara Engineering, Inc. to provide professional services to the Town of Oro Valley H. Resolution No. (R)07-23 Authorizing the Town Manager to apply for and executeHighway Expansion a Hi hwa Ex ansion & Extension Loan Program (HELP) Loan Repayment Agreement with the State of Arizona for the HELP y g Loan of the La Canada Drive Widening Project from Naranja Drive to Tangerine Road, Project No. OV 30 04/05 27 g Oro Valley Resolution No. (R)07-24 Authorizing the Town of to enter into an Intergovernmental Agreement with the Regional Transportation g g Authority of Pima Countyfor the design and construction of the Au y improvements to the Lambert Lane/La Cholla Boulevard Intersection J. i p Resolution No. (R)07-25 Declaring that certain document known as Article 15-23 of the Oro Valley Town Code, entitled "Backflow Prevention ntion and Cross-Connection Control Program" to be a public record K. Resolution No. (R)07-26 Accepting the transfer of the Linda Vista Trailhead and the Logan's Crossing Trail from Pima County L. Approval of the Honey Bee Archeological Preserve Implementation lementation Plan **M. Resolution No. (R) 07-27 Authorizing and Approving an Intergovernmental Agreement between Pima County, Pima County g g Regional Flood Control District and the Town of Oro Valley for Cooperation with Respect to the Big Wash Restoration Project and Installation and Maintenance of a Linear Park 2. PUBLIC HEARING - ORDINANCE NO. (0)07-02 APPROVAL OF A REZONING FROM R1-144 SINGLE FAMILY RESIDENTIAL TO T-P, 02/21/07 Agenda, Council Regular Session 3 TECHNOLOGICAL PARK AND C-1, COMMERCIAL DISTRICT FOR THE MILLER RANCH DEVELOPMENT, LOCATED ON THE NORTHWEST CORNER OF TANGERINE ROAD AND LA CANADA DRIVE, PARCELS 219-47-017A, 219-47-018A, 219-47-0050, 219-47-0060, 219-47-004A, 219-47-004B AND 219-47-004C Explanation: Planning Resources, representing the owner and applicant is requesting a rezoning. The property consists of 19.3 acres. 3. a - j - PUBLIC HEARING (One public hearing will be conducted on the following codes submitted by the Building Safety Director): ORDINANCE NO. (0)07-03 AMENDING CHAPTER 6, SECTION 6-1-1 a. THE "2006 ENTITLED "BUILDING CODE" OTHERWISE KNOWN AS INTERNATIONAL BUILDING CODE"; AND REPEALING ALL RESOLUTIONS, ORDINANCES, AND RULES OF THE TOWN OF ORO VALLEY IN CONFLICT THEREWITH; AND PRESERVING THE RIGHTS AND DUTIES THAT HAVE ALREADY MATURED AND PROCEEDINGS THAT HAVE ALREADY BEGUN THEREUNDER ORDINANCE NO. O 07-04 AMENDING CHAPTER 6, SECTION 6-1-7 b. ENTITLED "RESIDENTIAL CODE" OTHERWISE KNOWN AS THE "2006 INTERNATIONAL RESIDENTIAL CODE"; AND REPEALING ALL RESOLUTIONS, ORDINANCES, AND RULES OF THE TOWN OF ORO 416 VALLEY IN CONFLICT THEREWITH; AND PRESERVING THE RIGHTS AND DUTIES THAT HAVE ALREADY MATURED AND PROCEEDINGS THAT HAVE ALREADY BEGUN THEREUNDER c. ORDINANCE NO. (0)07- 05 AMENDING CHAPTER 6, SECTION 6-1-8 ENTITLED "FUEL GAS CODE" OTHERWISE KNOWN AS THE "2006 INTERNATIONAL FUEL GAS CODE"; AND REPEALING ALL RESOLUTIONS, ORDINANCES, AND RULES OF THE TOWN OF ORO VALLEY IN CONFLICT THEREWITH; AND PRESERVING THE RIGHTS AND DUTIES THAT HAVE ALREADY MATURED AND PROCEEDINGS THAT HAVE ALREADY BEGUN THEREUNDER d. ORDINANCE NO. (0)07-06 AMENDING CHAPTER 6, SECTION 6-1-9 ENTITLED "ENERGY CONSERVATION CODE" OTHERWISE KNOWN AS THE "2006 INTERNATIONAL ENERGY CONSERVATION CODE"; AND REPEALING ALL RESOLUTIONS, ORDINANCES, AND RULES OF THE TOWN OF ORO VALLEY IN CONFLICT THEREWITH; AND PRESERVING THE RIGHTS AND DUTIES THAT HAVE ALREADY MATURED AND PROCEEDINGS THAT HAVE ALREADY BEGUN THEREUNDER e. ORDINANCE NO. (0)07-07 AMENDING CHAPTER 6, SECTION 6-1-10 ENTITLED "PROPERTY MAINTENANCE CODE" OTHERWISE KNOWN =fiCwi :^a.asmKf�n"y'."tSt4sKrA,.+#_..... %1wV....... ..... ... •. 02/21/07 Agenda, Council Regular Session 4 AS THE "2006 INTERNATIONAL PROPERTY MAINTENANCE CODE" AND AMENDMENTS THERETO; AND REPEALING ALL RESOLUTIONS, ORDINANCES, AND RULES OF THE TOWN OF ORO VALLEY IN CONFLICT THEREWITH; AND PRESERVING THE RIGHTS AND DUTIES THAT HAVE ALREADY MATURED AND PROCEEDINGS THAT HAVE ALREADY BEGUN THEREUNDER f. ORDINANCE NO. (0)07-08 AMENDING CHAPTER 6, ARTICLE 6-2 ENTITLED "ELECTRICAL CODE" OTHERWISE KNOWN AS THE "2005 NATIONAL ELECTRIC CODE" AND AMENDMENTS THERETO, AND THE "2006 INTERNATIONAL CODE COUNCIL ELECTRICAL CODE - ADMINISTRATIVE PROVISIONS" WITH AMENDMENTS THERETO; AND REPEALING ALL RESOLUTIONS, ORDINANCES, AND RULES OF THE TOWN OF ORO VALLEY IN CONFLICT THEREWITH; AND PRESERVING THE RIGHTS AND DUTIES THAT HAVE ALREADY MATURED AND PROCEEDINGS THAT HAVE ALREADY BEGUN THEREUNDER g. ORDINANCE NO. (0)07-09 AMENDING CHAPTER 6, ARTICLE 6-3 ENTITLED "MECHANICAL CODE" OTHERWISE KNOWN AS THE "2006 INTERNATIONAL MECHANICAL CODE" AND AMENDMENTS THERETO; AND REPEALING ALL RESOLUTIONS, ORDINANCES, AND RULES OF THE TOWN OF ORO VALLEY IN CONFLICT THEREWITH; AND PRESERVING THE RIGHTS AND DUTIES THAT HAVE ALREADY MATURED AND PROCEEDINGS THAT HAVE ALREADY BEGUN THEREUNDER h. ORDINANCE NO. (0)07-10 AMENDING CHAPTER 6, ARTICLE 6-4 ENTITLED "PLUMBING CODE" OTHERWISE KNOWN AS THE "2006 INTERNATIONAL PLUMBING CODE" AND AMENDMENTS THERETO; AND REPEALING ALL RESOLUTIONS, ORDINANCES, AND RULES OF THE TOWN OF ORO VALLEY IN CONFLICT THEREWITH; AND PRESERVING THE RIGHTS AND DUTIES THAT HAVE ALREADY MATURED AND PROCEEDINGS THAT HAVE ALREADY BEGUN THEREUNDER i. ORDINANCE NO. (0)07-11 AMENDING CHAPTER 6, ARTICLE 6-8 ENTITLED "FIRE CODE" OTHERWISE KNOWN AS THE "2006 INTERNATIONAL FIRE CODE"; AND REPEALING ALL RESOLUTIONS, ORDINANCES, AND RULES OF THE TOWN OF ORO VALLEY IN CONFLICT THEREWITH; AND PRESERVING THE RIGHTS AND DUTIES THAT HAVE ALREADY MATURED AND PROCEEDINGS THAT HAVE ALREADY BEGUN THEREUNDER j. ORDINANCE NO. (0)07-12 REPEALING THE 1997 UNIFORM ADMINISTRATIVE CODE; AND REPEALING ALL RESOLUTIONS, 02/21/07 Agenda, Council Regular Session 5 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 4. DISCUSSION AND POSSIBLE ACTION INCLUDING DIRECTION TO THE TOWN ATTORNEY AND/OR OTHER STAFF RELATING TO THE LA CANADA ROAD WIDENING PROJECT 5. 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) **6. HONEY BEE ARCHEOLOGICAL PRESERVE — INCREASED COSTS OF THE HONEY BEE VILLAGE PROJECT FROM $1 MILLION TO $1.68 MILLION; REQUESTING PIMA COUNTY TO INCREASE PIMA COUNTY BOND FUNDS FROM $1 MILLION TO $1.34 MILLION AND ORO VALLEY GENERAL FUND CONTINGENCY FUNDS OF $340,000 TO MEET THE TOTAL INCREASED COSTS; CONSIDERATION AND DIRECTION TOSTAFF IN RESPECT TO NEGOTIATIONS OF THE DRAFT INTERGOVERNMENTAL AGREEMENT BETWEEN PIMA COUNTY AND THE TOWN OF ORO VALLEY FOR THE IMPLEMENTATION, ADMINISTRATION AND MANAGEMENT OF THE HONEY BEE VILLAGE ARCHEOLOGICAL PRESERVE 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: 02/09/07 AMENDED AGENDA POSTED: 02/16/07 4:00 p.m. 11:00 a.m. cp Ik Whenp ossible, a packet of agenda materials as listed above is available for public inspection at least 24 hours prior to the Council meeting in the office of the Town Clerk between the hours of 8:00 a.m. — 5:00p.m. The Town of Oro Valley complies with the Americans with Disabilities Act (ADA). If anyperson with a disability needs any type of accommodation, please notify `fir► 02/21/07 7 Agenda, Council Regular Session 6 the Town Clerk's Office at least five days prior to the Council meeting at 229- 4700. INSTRUCTIONS TO SPEAKERS Members of the publicright have the ri ht to speak during any posted public However, those items not listed as a public hearing are for hearing. consideration and action bythe Town Council during the course of their business meeting. Members of the public may be allowed to speak on these topics at the discretion of the Chair. If you wish to address the Town Council on any item(s) on this agenda, please complete a speaker card located on the Agenda table at the back of the room and give it to the Town Clerk. Please indicate on the speaker card which item and topicwish to speak on, or if you wish number to speak during you p "Call to Audience", please specify what you wish to discuss when completing the blue speaker card. podium step forward to the when the Mayor announces the item(s) on the agenda which you are interested in addressing. 1. Please stateY our name and address for the record. onlyon the issue currently being discussed by Council. Please 2. Speak organize your speech, you will only be allowed to address the Council once regarding the topic being discussed. 3. Please limit your comments to 3 minutes. 4. During "Call to Audience" you may address the Council on any issue you wish. 5. Any memberpublicspeaking of the s eaking must speak in a courteous and respectful manner to those present. Thank you for your cooperation. TOWN OF ORO VALLEY _ a CUNCIL COMMUNICATION MEETING DATE: February 21, 2007 TO: HONORABLE MAYOR & COUNCIL TOU FROM: Kathryn Cuvelier, CMC Town Clerk SUBJECT: PRESENTATION OF PLAQUE OF APPRECIATION TO SARAH FROST, FINANCE AND BOND COMMITTEE SUMMARY: bypresenting Mayor Loomis will show the Town's appreciation p g a Plaque of Appreciation to Sarah Frost, y Finance and Bond Committee member from July 2004 - April 2006. 4,2 Kat ryn Cuvelier, Town Clerk 4106. 6.264;i (2'1164.1.. David Andrews, Town Manager TOWN OF ORO VALLEY PRESENTATION DUNCIL COMMUNICATION MEETING DATE: February 21, 2007 TO: HONORABLE MAYOR & COUNCIL FROM: Kathryn Cuvelier, Town Clerk p SUBJECT: Pinal County Visioning and Comprehensive Plan presented by Jerry Stabley, Deputy Planning Director and Ken Buchanan, Assistant County Manager SUMMARY: Mr. JerryStabley, Deputy Planning Director and Mr. Ken Buchanan, Assistant County Manager from regarding Pinal Countywill present a Powerpoint presentationg g the Pinal County Visioning and and Plan. The presentation will take 15 minutesthey will allow 15 minutes for any Comprehensive questions the Council may have. No action is required. Attachment: Memorandum from Pinal County dated 12-20-06 L-ccea_A-cg, Kathrin Cuvelier, Town Clerk ,, t Jerene Watson, Acting Town Manager ]ec 20 06 05: 05P p. l ti . 1- .. P.O. Box 2167 31 North Pinal Street,Bldg F Florence, Arizona 85232 Proal County Deve1opmt ServiCes Office of the Assistant Co ur� Manager AIR QUALITY B ILDING S`'ETY E iRONMBNTAL HEALTH PLANNING . DEVELOPMENT PUBLIC WORKS DATE: December 20,2006 MEMORANDUM FROM: Marybeth McCormack Admin.Mgr. Dev. Svcs. Kathyuveier TO: RE: Town Council Meeting eetin February 21,2007 ---- —- n Development Services to come and has a request for Pinal County Please accept this � meetingset for February 215 minutes at your town council $ roxiniately 30 min Pinal County Visioning and speak for pp to tbe__council_regardwg We would like to speak- 2007. a Comprehensive Plan. (Please see page 2) . ��_, ' • -mat : en.I uc anan ' co.ptn- .az.us Dec 20 06 05: 05p p. 2 in• November to define the future of took a major step - Ve the Supervisors of Pinal CountyArizona State University to have The Board of agreement with the will cover The Board approved an 9 County. The agreement our County. Scenarios for the C ty- • ' developvisioning focus groups with community Morrison Institutet from Cities and Towns, start a as: interviews with officials • County. This contract is the services such of 800 residents of Pinalri rehensive leaders, and a survey . update of the County's Comprehensive and business include visioning and a majorP year project which will i two Plan. Federal Governments, as well from the State and �on�n willbringtogether representativesdevelop and implement the visioning This projectw • • and the County to dev P ' Communities � Comprehensive Plan. 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N-- J 0 0 N N N TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: February 21, 2007 TO: HONORABLE MAYOR & TOWN COUNCIL FROM: David Welsh, Economic Development Administrator SUBJ. Economic Development Division Monthly Report SUMMARY: from January is a status report 1, 2007 — January 31, 2007. Economic Develo m- ' I;vision Monthly Report ATTACHMENTS. p • l J' f conomic Development� vi. Welsh, Administrator David Andrews Town Manager , 410, U C 0 =O . ..._ (..) (/) -o C cC5 L • MINIM O 0 "Mr.‘ CD 'V 2 c -1--i V ›N co c O -� O ...... C. Ca- _..., o cz -1-„, -5 cn > %V 4r•J ..-.L a) (1) 0 . . ,-, L... _ cci ..._, ._ . O . 0 E ct •- U O 4-- E 0 E-(3 CD- ca. • Immo C N. <E ClCI) � c) _c ..c: ,._ o —ri)0 _...... 0O og >1 (\ii 0 O• O 0 ....... ...c. .4.-• r. (i) cO _ O U N � 1-1 ..c3 � U a) ›N 7:3 cz E 0 > 0 .4--, " "5 4� c 0 (I) cr) i- O c� W 0 4 ,.... o O L,,, >, Eo O _a. 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C -147: TIS 0 0 0 - -4- 0 < fl_ r---i in 4-‹ = -a. Nib, 1.--1 L._i 4--, ' 1 A ''. , I • • • • • 4 • lik ... -+— C a 4e, ,, ,.., 4‹..f- >' 0 • -°*;„,-5-- ' cf) a D :, U co,,.5-'‘ - - t, .••\ r I— _ f' i 1:. '--• ,- .7., ',:,-1-=•,,,,,,, " ' ' , ,. .. 0 C CD , , _..... .,.. ...._. ,.. , 0 -0 .--_,fek- -4::-;-- - j_ ...),„ :;,,,,,,, 4111) -\';4, -4,frap. 2 Q.. C 1 t f 0 X Lll 0 0) 0 rt, -1-- (j) v) .._ •••• L 0 C 0 , .., , ,i 0 0 v) 0) ,.... 0 D 0 K, am= CO ,,,,,,, ,,,_, ,.,..•.,,...• . , i:3*-AVA-t 4) MO ITM --ek-''' 0) 0 1t, W — ti,:--4, % p E c . .., c o 0 4) c ----, o r o • 0-) ..... - F— C 1 D Nem C :, 0 •— -4-- C 6.. C 3 0 0 0 0 D ,._ 0.• , _ o r o c o >, D C p 0 -4-- U „ C C 3 c 0 •N•NI II - : . u 0 E p 0 a D u U co -4— C(I) ED U 0 0 (1) U 0 > I .-1-- • Z • • .,..v Z • 1 L) rn r--- ,----, , 1 1 L---1 , , L_.-- 1 111 ,.:., $ I k TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: February 21, 2007 TO: HONORABLE MAYOR & TOWN COUNCIL FROM: David Welsh, Economic Development Administrator SUBJ. Northern Pima CountyChamber of Commerce Quarterly Report: October 1, 2006 — December 31, 2006 SUMMARY: ation Agreements (FPA) between the Year Financial Partici The 2006/20076 Fiscal p p Town of Oro Valley and the Chamber stipulates that a Quarterly Report be compiled by the Chamber and presented to the Council in the month following the end of each calendar quarter. The enclosed report satisfies the FPA requirement for the second quarter of the 2006/2007 Fiscal Year. ATTACHMENTS: Northern Pima CountyChamber of Commerce • :rterly Report f Resolution No. (R) -4 s ,/ { 4 6 t E t Da , VidMe s Econom, Development Administrator 06411:1 David Andrews, Town Manager kto,„„4,, ,)0401/ N.."a. NORTHERN PIHA(OUH CHAMBER Of CQ [ C[ January 19, 2007 David Welsh, Economic Development Administrator Town of Oro Valley 11000 N. La Canada Dr, Oro Valley, AZ 85737 Dear Mr. Welsh, ' Chamber's quarterlyprogress report for the Enclosed for your review is the . invoice for your records and din December 31, 2006. Enclosed is an period ending Map the new & Guide and Membership Directory. Please call me at 297-2191 if you have any questions or comments. 2 Best regards, Jerry B. a .m nte, President/CEO Norttiem a County Chamber of Commerce vow osd usiness! 200 West Magee Road, Suite - Tucson,Arizona 85104 - 5 O/Z91-f191 phone - 510/742-1960 fax - www.the-chanher.corn 1�0 r • .1)04111r 444, „,"4111111111117A4S1/4' 1HORT1IERN PIMA COUNTYcliAmBER . %Iril QUARTERLY PROGRESS REPORT October 2006 through December 2006 Of COMMERCE Submitted To: The Town of Oro Valley By: The Chamber Serving Northern Pima County In accordance with Resolution No. (R) 06-47 A. Tourism, Visitors Services and General Information services and information to anyone who has expressed an The Chamber has provided tourism, visitor Below is data on and seasonal interest, including town residentstourists over the past three months. activity that the Chamber has addressed through this quarter. Telephone calls and activity Category Oct'2006 Nov'2006 Dec'2006 Total 209 616 calls for business 1. Member 190 217 85 102 111 298 Packages 2. Relocation g 3. Information sent via fax & email 66 72 59 217 22 21 88 4. Calls for new Membership 45 5. Office visitors 203 226 224 653 6. General, Relocation and Visitor Calls 490 732 799 2,021 are calls from people who are already members of The 1. Member calls for business: These Chamber who call type for anyt e of Chamber business including referrals. relocating to the Northerm Pima County area. It 2. Relocation Packages. Newcomers Kit for people includes an area map, demographics of Oro Valley & Northern Pima County, The Guide, attractions, hotels & restaurants. kits such as maps, 3. Information Calls: Requests for information other than relocation and visitor demographics and accommodations. 4. Calls for new Membership: for membership: Calls to the Chamber office requesting information with The Chamber of Northerm Pima County. 5. Office visitors: People who visit the Chamber office seeking information. p 6. These are calls for a wide variety of information: provide We the information requested or refer the caller to another source where they can be better served. The last quarter of each year brings withpeak it the season for seasonal residents and visitors to our Y during significant increase in community. Each earthis time the Chamber's visitor center sees a traffic and requests for information related to shopping, recreation and local events & activities. We center is fullystocked with maps, local magazines and are pleased to report that the visitor rima source of Oro Valleyphone book sponsored by the Chamber and our primary newspapers, the to information the Chamber's Map & Guide and Business Directory. The first is the timing & Guide for a couple of reasons. We are especially pleased with the new Map was published in it'sPreviouslypublished in late January, our new Guide of when been published.r whenpeak season begins and the current guide has more information than ever before. The Octobe p Business Directorythat is now inserted in the guide where previous other exciting feature is the guide. People home and the Business the Peo le can now keep their Map & Guide directories were part ofp •i. Directory in the glove box of their vehicles while out and about shopping. Enclosed is a copy of the new Map & Guide and Business Directory. 0 ' 3 'r CI s 0 f S . for h5fl:ps ! 1 X00 West Magee Road, Suite 120 Tucson,Arizona 65104 - Sl0/191-1191 phone - 520/142-1960 fax - www.the-chamber,com B. Special & Community Events Health & Community Resource Committee hosted its quarterly HEALTHCARE FORUM- The Chamber's ." All forums Healthcare Forum on October 18th and the topic was "Many Pauses, not just for Women Church where most of our attendees are Oro Valley residents. I'm are hosted at St. Mark's Methodist pleased to report that Dr. Bob Oro of Oro Dental Medicine will serve as chairman of this committee during 2007. Chamber hosted its annual fundraising Gala "Havana Nights" on ANNUAL GALA& FUNDRAISER-The over two hundred 3rd Hilton El Conquistador. The chamber was pleased to welcome November at the q generous the Chamber fundraising goal. Event proceeds whose support helped exceedg attendees benefit the chamber of commerce and the Chamber's Steve Engle Scholarship Fund that supports local area high schools seniors who will continue on to college. Village- The Chamber is excited to announce that it will Oro Valley Distance Classes Corporateg sponsor and organize the first ever Corporate Village at the Oro Valley Distance Classic. The event year and offered us the opportunity to partner approached the Chamber last er with them and Gated at the race to ad value to the event. The Corporate Village will be to organize a corporate villagelocal businesses will have the parking lot of Ventana Medical Systems where fifty (50) finish line in the p g rtunit to showcase their products and services to the 4,000+ expected ected race participants and oppo Y spectators. , March 18 and proceeds will benefit the scheduled Sunda The Oro Valley Distance Classic is Y Leukemia and Lymphoma Society. New- Pinnacle Awards- On Tuesday, April 3rd the Chamber will host it's 3rd Annual Pinnacle Awards and leaders in our community. and contributions of business Ceremony to celebrate the success There are two ' ' changes to this year's program. The first is the addition of the Micro Business of the with less than 10 employees. The second change is this Year category to recognize a businessheon would increase year's event is going to be a luncheon instead of a dinner. We felt that a lunc attendance and reduce the cost to attend the event. Invitation will be mailed in March. C. Networking Events regular monthlyevents where Oro Valley businesses and guests can The Chamber continues to host Oro Valle and the third varies gather and network. Two of the three events are hosted in the Town of y in the town. The following are when location while most of the time is hosted these networking events took place and a breakdown in attendance for the previous three months: Luncheon is held on the second Thursday of every month at 1. The Monthly Membership Michelangelo's Italian Restaurant. Beginning in January, all lunches will be held at the new club house of the Oro Valley Country Club. o October 12th Luncheon: 91 attendees o November 90th Luncheon: 71 attendees o December 14th Luncheon: no even 2. The Monthly Chamber Contacts Unlimited Mixer is held the third Tuesday of every month and the location varies. Attendance was as follows: o October 17th Mixer: canceled N.► o November 21st Mixer: 34 attendees o December 19th Mixer: no event 2 3. The Monthly Membership Breakfasts is held the last Thursday of every month at the El Conquistador Golf& Tennis Resort. Attendance was as follows: o October 26th breakfast: 118 attendees o November 30th breakfast: 112 attendees o December 28th Breakfast: no event D. Ribbon Cuttings & Grand Openings The Chamber Ambassadorsare pleased to continue to offer ribbon-cutting ceremonies to new businesses. The Chamber hosted the following ribbon cuttings during the last quarter: 1. November 2nd — Message Envy in Oracle Crossings 2. October 27th — ProWireless on Oracle Rd. E. Summary the New Year with a renewed sense of focus and enthusiasm for the The chamber has welcomed opportunity to continue to serve our business community. As an organization we continue on a path difference in our community for the businesses and consumers who that has allowed us to make a f Oro Valleyfor patronize them. We look forward to another productive year and thank the Town o their continued support and partnership 3 RESOLUTION NO. (R) 06-. 47 A RESOLUTION OF THE TOWN OF ORO VALLEY, ARIZONA, AppIZOVING FINANCIAL PARTICIPATION AGREEMENT BET�'VEEN THE CHAMBER SERVING NORTHERN PIMA COUNTY AND THE TOWN OF ORO VALLEY the activities of the Chamber Serving Northern WHEREAS, it has been determined that . Pima ("Chamber") in the public interest, and are such as to improve and County are promote the public welfare of the Town; and ' determined that to financially participate in the Mayor and Council have . . WHEREAS, apublicpurpose in that the activities promotion of the activities of the Chamber is . the . • character to a significant part of the public; and confer direct benefit of a general gm topromote a business environment in Oro WHEREAS, the Town desires to continue for its citizenry; vitality Valleythat enhances economic and improves the quality of life and from the Chamber's providing tourism and AS the Town benefits directly �'VHERE and outreach and special events ' ' VISItor's service, business recruitment, retention calendaring; and it subject to the provisions of state budget law, to WHEREAS, is the intent of the Town, � provide funding to the Chamber as set forth herein; and AS the Town and the Chamber desire to continue a general framework for WHEREAS, procedures bywhich the Chamber will assist cooperative efforts, especially the general • tourism promotion, business retention and business and carry out residential relocation, recruitment. the Mayor and Council of the Town of THEREFORE, BE IT RESOLVED by y . NOW, - of the Financial Participation Agreement le Arizona, authorizing the approval Oro Valley,between the Chamber hereto). and Town administrative officials are BE IT FURTHER RESOLVED that the Mayor authorized to take such steps as are necessaryto execute and implement the terms hereby of the Agreement. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, P Arizona this 21st day of June 2 006. TOWN OF ORO VALLEY Paul H. Loomis, Mayor ATTEST: APPROVED AS TO FORM: �-�� own Attorney ��- Y 1� Clerk elinda Garr. , A116"14111"."14111 .-4-• Kathr g E. Cavelier, Town TOWN OF ORO VALLEY PARTICIPATION FINANCIAL PA.R AGREEMENT THE CHAMBER SERVING NORTHERN PIMA COUNTY • � � dayof �„-�, 2006, entered into this THIS AGREEMENT, made andhereinafter Oro Valley, an Arizona municipal corpora ion, byand between the Town of County, an Arizona non- profit ServingNorthern Pima Co y� called the "Town" and The Chamber �� "the Chamber. corporation hereinafter called t rp in the parties do mutually agree ORE consideration of the foregoing, NOW, THEREFORE, as follows: ARTICLE 1 es to be Performed by the Chamber. Section 1.1 Scope of Services A. Tourism and Visitors Services. • visitor's services and information to Town Chamber will provide tourism and visa locating a 1• The indicating an interest in to g residents and seasonal tourists and anyone or maybe in the form oftelephone •deuce in the Town. Services rendered rest • for information by mail or walk-in customers. web a e inquiries, requests Nob p g courteous and professional manner. Services shall be rendered in a understood bythe Town and the Chamber that the Metropolitan Tucson 2. It is • agency providing tourism Convention and Visitors Bureau is the primary the the intent of this Agreement for enhancement services to the Town. It is Chamber to augment tourism and visitors services. each. The Chamber will spearhead ss Recruitmen Retentionand Outreach.B. Business Program" that will provide a number implementation of a "Business Outreach �' local the amongarea businesses and opportunities to strengthen networks of opp these contacts each month with area goverment. The Chamber will initiate basis and will business° will take place on a regular owners. These meetings relationships between local p address issues that affect local business, help establish rel businesses andprovide rovide an outlet for topical discussions. emphasizing the importance of supporting Chamber shall work to assist the Town in p efforts. C. The educational and promotional local retailers/businesses through • Chamber and the Town will work closely vents Calendarin The D. Special E ave communications with each other and reciprocate timely and cooperat and togetherp Town such as ribbon cutting/grand special events that promote the regarding p The Chamber will be designated 'n ceremonies for local Town businessesceremonies. opening Q and opening regard to the ribbon cutting/gr p g as the lead agency with g coordination and '" will maintain a Master Calendar to promote The Chamber for said special events. possibility P mitigate the p y of calendaring conflicts paid be included as bythe Town shall E. Annual Chamber membership dues to be to consideration of this Agreement. part of the more ry Section 1.2 Responsibility nsibili for Open Records. relating to any funds directly make open to the public all records The Chamber agrees to P municipal / government funding `,�,n Pima County and any other p received from the Town, ons or individuals. sources that the Chamber distributes to other organizations Section 1.3 Evaluation Criteria and Reporting. the 10th working day after the agrees to submit to the Town, by . A. The Chamber sin theprogress of the Chamber in the calendar quarter, reports addressing Agreement. In close of in Section 1.1 of this its scope of services as outlineddesignated achieving it P the Town, through its assess the impact of the Chamber, er will order to performance, and the Chamber ative reserves the right to evaluatep information representative, access to all pertinent o erste and use its best efforts to provide cop abl necessary to make evaluations. . . reasonably ' ' ed to the number of inquiries for reports shall address but are not limit is sent B. Progress number of information packets tion inquiries for tourism information, retention, the relocation, q d to business recruitment and pursuant to inquiries and, with regard ter► Pu number of leads, prospects and site visits. Section 1.4 Accountability. • accurate accounting system which meets Chamber shall maintain a true and which is A. The accounting profession, and accounting practices of the and receipts acceptableel basis for all expenditures p capable of properly accounting on a timely of the Chamber. with the implementaccountingsystem which will comply Chamber shall an Y the AICPA audit B. The and with the provisions of 11 accepted auditing principles generally P guide for nonprofit corporations. C. The Chamber shallDepartment of the Town, within three provide the Finance' 1 ear with: months after the close of the Chambers fisca y 1. An annual accounting, or • the time period approximating the audit of the Chamber for 2. A copy of an outsideanyChamber response to audit Town Agreement, period of the together with findings. and upto aperiod of five (5) years after completion of this imp At any time during, or designated Town agent will Finance Department of the Town Agreement, the p for the Town's internal audits. be given access to the audit records of the Chamber Section 1.5 Term of Agreement. • 1 be effective from July 1, 2006 This Agreement between parties as described above shal through June 30, 2007. Section 1.6 Termination. timemutual written consent, or by either a be terminated at any by inthe This Agreement mayto the other party, or at such time, as thirty days written notice art giving obligations. party the Chamber fails to perform its g opinion of the Town, p ARTICLE 2 FUNDING Section 2.1 Payment. of the Town that the Chamber receives from the Town an amount It is the intent June 30, 2007. Funding shall A. theperiod July 1, 2006 through of$27,500.00 for 20th9th month and the 10th day of installmentsdayof the be paid in equal b Y the of a written request for St 10th months of the Agreement upon receipt the l , 4 , and mow payment from the Chamber. B. Method of Payment. ' overed evidence, withhold whole The Town may, as a result of subsequently disc part of the scheduled payment ent as may be necessary because: 1. Services were not rendered. or re orfs after reasonable requests. 2. The Chamber failed to supply informationp 3. The Chamber is not in com withupon disbursement documentation . compliance agreed and/or other project performance. above,performance, as described ab , shall be outlined in detail to 4. Any deficiency in p - the withholding of payments under least thirty (30) days prior to the Chamber at twenty days of receipt of such shall, within tw y the Agreement. The ChamberTown's correspondence. comp es ondence, respond to the concerns outlined in the the reasons for withholding payments have been corrected to the When satisfaction of the Town, any amounts due shall be processed. ' as well as financial participation shall actively solicit memberships the C. The Chamber and towns who benefit from �" Countyand other incorporated cities by Pima services provided rovided by the Chamber. ARTICLE 3 MISCELLANEOUS TERMS AND CONDITIONS Section 3.1 Hold Harmless and Insurance Provisions. . agrees to indemnify, defend, and save Indemnification. The Chamber commissions, A. Inde Council, appointed boards and co the Town, its Mayor and C , pp and wall individually harmlesscarriers, indi y officers, employees and the Town's insurance officials, s suits, demands, expenses, collectively, fromanyand all losses, claims, d and nature resulting from e 's fees, or actions of subrogations, attorney's any kin y death) to any person, including injurybodily injury andersonal bythe Chamber, or pChamber or anysubcontractor employed em employees of the suits, demands, and/or p or any other losses, claims, damages to any property this A Bement or the work to be 'sin or alleged to have arisen out ofgr • expenses arising damages arising out of the sole hereunder, except any such injury org type performed or employees. The amount and negligence ce of the Town, its officers, agents , ed as set forth herein will in no way be cons of insurance coverage requirements limiting the scope of indemnity in this paragraph. B. insurance. of the types and amounts required insurance coverage yp The Chamber shall obtain throughout the life of 1• insurance coverage in force in this section and keep such vwritten policies will contain an endorsement providing that this Agreement. All prior to termination, at least thirty (30) calendar days notice be given to the Town cancellation, . . inpolicy. or reduction in coverage any p Y • • ' Insurance and Comprehensive Automobile General Liability Insuran • • insured with 2. The Comprehensive the Town as an additional Insurance policies will include . Liabilityperformance of this Agreement. respect to liability arising out of the 3. The Chamber will provide and maintain minimum insurance limits as follows: COVER-AGE AFFORDED LIMITS OF LIABILITY Workmen's Compensation Statute$100,000 Employer's Liability -BodilyInjury General $1,000,000 Comprehensive Combined Single le Limit g Liability Insurance a. products and $100,000 Property Damage completed operations '" Section 3.2 Conflict of Interest. The Chamber agrees that the provisions of A.R.S. Title 38, Article 5, "Conflict of Interest of Officers and Employers", apply to all the transactions of the Chamber. . forgoods and services, the Chamber • Purchasing. Inpurchasing contracts . Section 3.3 Purcba g - procedures that insure, wherever implement and maintain policies and agrees that it will competitive bidding for there will be announced, documented, p feasible or practical, that cost factors, are considered effectiveness, such contracts so that the potentialas well as in the selection of said goods and services. by the Chamber . ' ulate and agree that Chamber is • Independent Contractor. The parties stip t Section 3.4 In p duties hereunder as an Independent of the Town, and is performing its workman's not an employeeits own insurance, its own employees, and maintaining in no Contractor,_supplying own internal accounting. The Town ' insurance, and handling all of its . compensation ' ' for the actions of the Chamber herein. s directs or has any responsibility way controls, ' le for compliance with the United Chamber shall further be responsible Section 3.5 The the Americans with Disabilities Reform and Control Act of 1986, States immigration liability arising from failure and hold harmless the Town forany Act, and shall indemnify to include the costs of of the Chamber to comply with said acts. Said indemnification suit. consent of both the Town and the • Agreement Amendments. By mutualand/or the Section 3.6 g _o ened for renegotiation of er this Agreement may be re-opened shall be in writing, Chamber, request for renegotiation of amendments. Any q shall be held within addition/deletion es. A meeting to discuss the changes detailingthe requested Chang e to this Agreement will be of the request. Any change thirtyNow (30) days of the receipt Board of Directors of The Chamber. byMayor and Council and the approved y e executed this Agreement as of the IN WITNESS WHEREOF, the parties hereto hav date first above written. THE CHAMBER SERVING NORTHE ' , ' A OUNTY 11 Signature 0,06 Title State of Arizona ) ss. County of Pima o eit_t____ ____ __=-.--- � On this iy day of 5 ' 2006 nameilk is subscribed to the within instrument, Own tometobethepersonwhosethe that he/she executed the same for al-l� -appeared before me and acknowledged person y pp purposes contained. Given under rn hand and seal on . -u-1. -u-11 Li , 2006. OFFICIAL SEAL 4______,.':ij'*t- NICOLE SMITH i“A-;-.44 I NOTARY P UB LIC-ARIZON A �� PIMACOUNTY ' e-<,60-e- EThisD1 M Comm. Exp. Feb. 6, 2Notary My Commission Expires: fthrksafrain----- TOWN OF ORO VALLEY, an Arizona municipal corporation Now Paul H. Loomis, Mayor ATTEST: Kat ' E. Cuvelier, Town Clerk APPROVED AS TO F0 ' / ,' .1.4"—a 4.....diet, 4.1,i e...../ elinda Garr.. . , own Attorney Date: • tea- 0_• 4110, QUARTERLY PROGRESS REPORT 2005 through September 2005 July Submitted To: The Town of Oro Valley : The Chamber berServing By Northern Pima County In accordance with Resolution No. (R) 05-67 Services and General Information A. Tourism, Visitors and information to anyone who has hasprovided tourism, visitor services the past three The Chamber residents and seasonal tourists over expressed an interest, including town ddressed through this quarter. data on activity that the Chamber as a months. Below is le hone calls and d activity p Category Jul'2005 Au•91 122 119 332 2005 Se•'2005 Total 1. Member calls for business 7 88 224 2. Relocation Packa•es 59 7 3. Information se 51 63 180 sent/faxed 66 79 8 36 25 Calls for new Membership 79 228 4. 80 69 5. Office visitors 475 482 1470 6. General, Relocation and Visitor Calls 513 for business: These are calls from peopllb, e who are already members of The 1. Member calls business including referrals. who call for any type of Chamberthe Northerm Pima County ChamberNewcomers Kit for people relocating to Relocation Packages: Valley & Northern Pima County, The 2' area map, demographics of Oro area. It includes an p attractions, hotels & restaurants. tion and visitor kits such as Guide, is for information other than relocation 3. Information Calls: Requests demo graphics and accommodations. requestinginformation for maps, g Calls to the Chamber 4. Calls for new Membership: office Count . • The Chamber of Northerm Pima Y membership with r office seeking information. Peopleinformation requested or 5. Office visitors: who visit the Chamber formation: We provide the are calls for a wide variety of in 6. These refer the caller to another source where they can be better served. attended networking events and a productive summer season with well learned that The Chamber had a manyof our members we le membership. After speaking with continued increase in s man had expected. However, we were decrease in business this summer a y are op optimistic that most did see a better than last year's and businesses hear that this summer was o ulation and more snowbirds pleased to better. With the continuedp next summer will be even increase in population a reason to be optimistic. Ile making Oro Valley their year-round home, businesses itsand installed a new Chairman to the 1st Chamber began new fiscal year Expressions On October theIle resident and owner of Interiorp He is Jeff Jones, an Oro Valley Chairman of the Board of Directors. O. Mr. Jones will serve as • Showroom located on Rancho Vistos and hear from him at Council Design t 2006 and you can expect to see 41k. Chamber's Board through August Meetings s and Special Sessions. 1 • previous fiscal year was its growth in • biggest accomplishments during the that time One of the Chamber 99 membership of 75 businesses during The Chamber had a net gain in mem p Oro membership. members in good standing. Valley its current membership to 550 business Pima County bringingu % of the total membership of the Northern businesses represent about 25/o Chamber of Commerce. B. Chamber Special Events STATE OF THE TOWN OF ORO VALLEY ADDRESS& LUNCHEON- The Chamber was pleased to onceber 15th at the Address & Luncheon on September�_.. _ the- State.of the Town of Oro.Valley that received Mayor again host close to 600 guests in attendance Hilton El Conquistador. There wereprovided with a teleprompter to deliver his verywell. Mayor Loomis was Loomis and his speech best speech ever. The Hilton El Conquistador did a nice did a superb fob, his event and the Town to speech and he excellent meal that allowed this providing a fantastic venue and an , fob p g hostingnext year's event. shine. We look forward to Chamber'sHealth & Community Resource Committee CARE FORUMS-The d issues. COMMUNITY HEALTH quarterly forums on healthcare relate Forum Program continues to host q Y offeringthe 90 Health Care Heat...Desert Survival Strategies" 20th the Chamber hosted "Beat thethe forums are held at St. On July livingin the summer heat. All of attendees with techniques for better attendees are Oro Valley residents. h in Oro Valley and the majority of 4111, Mark's Methodist Church C. Networking Events where Oro Valley businesses and continues to host regular monthly events of Oro Valley a The Chamber three events are hosted in the Town gather and network. Two of the town. The following are guests can ile most of the time is hosted in the the third varies in location wh attendance for the previous three and and a breakdown in when these networking events took place months: Membership Luncheon is held on the second Thursday of every month at 1. The Monthly Attendance was as followed elan elo's Mich Italian Restaurant. A g o July 14th Luncheon: 84 attendees August 11th Luncheon: 91 attendees o Au g 8th 65 attendees o September Luncheon: Chamber Contacts Unlimited Mixer is held the third Tuesday of every 2. The Monthly was as follows: the month andlocation varies. Attendanceth attendees o July 19 Mixer: 26 9 o August 16th Mixer: 62 attendees o September 20st Mixer: 38 attendees is Thursdayof every month at the El Membership Breakfasts held the last 3. The Monthly Membe P was as follows: Golf & Tennis Resort. Attendance Conquistador28th breakfast: 111 attendees July o J y 25th attendees August breakfast: 125 o 929th o September 29 breakfast: 115 attendees‘111 ' ss Association (ASBA) on '"" co-hosted a mixer with the AZ Small Business 4. The NPCCC co hos ninetwork among themselves. Between both organizations we welcomed 31st to offer our members an opportunity to event. August about 200 attendees to the 2 D. Ribbon Cuttings to continue to offer ribbon-cutting ceremonies to new The Chamber Ambassadors are pleased businesses. The Chamber hosted the following ribbon cuttings during the last quarter: September 7th— Direct TV 1. — HD Television- 11165 N. La Canada Dr. E. Summary our appreciation to the Town of Oro Valley for behalf of the Chamber, I want to expressPP It's a strong On Chamber has held for a number of years. renewing this contract that the togrow through the Customer we arepleased that this partnership will continue • partnership and in for applicants of building permits. Surveyprogram that we are developing pp Satisfaction • Southern AZ Home Building Association, with Chamber is also currently working with the al Plan that The muni topromote the passage the General of the local business community, plan. the support We look forward seeing voters approve this voters are currently considering. 3 . + QUARTERLY PROGRESS REPORT October 2005 through December 2005 Submitted To: The Town of Oro Valley By: The Chamber Serving Northern Pima County y No. (R) 05-67 In accordance with Resolution A. Tourism, Visitors Services and General Information The Chamber has provided tourism, visitor services and information to anyone who has includingtown residents and seasonal tourists over the past three expressed an interest, through this quarter. pdata on activitythat the Chamber has addressed g months. Below is Telephone calls and activity Oct'2005 Nov'2005 Dec'2005 Total Category 1. Member calls for business 205 188 gg 180 573219 67 62 90 2. Relocation Packages 32 46 119 Information sent/faxed 3. 41 35 22 105 for new Membership 4. Calls48 182 198 542 Office visitors 5. 162 ral Relocation and Visitor Calls 563 957 861 2,381 6. Gene , 1. Member calls for business: These are calls from people who are already members of The type of Chamber business including referrals. • Chamber who call for any yp •n to the Northerm Pima County Newcomers Kit for people relocating • 2. Relocation Packages: Oro Valley & Northern Pima County, The area. It includes an area map, demographics of Guide, attractions, hotels & restaurants. 3. Information Calls: Requestsvisitor kits such as for information other than relocation and ma s, demographics and accommodations. 4. Calls for new Membership: information for p Calls to the Chamber office requesting infor membership with The Chamber of Northerm Pima County. Chamber office seeking information. who visit the � Office visitors: People requested or 5' varietyof information: We provide the informationq 6. These are calls for a wide refer the caller to another source where they can be better served. ' the Chamber's visitor center. During that time previous quarter was among the busiest for Valleyand The seasonal visitors seeking information about Oro we welcomed over 500 tourists and not new to Oro Valley amenities. We found that many its attractions and of these visitors are mapand information on upcoming events. yet come to the visitor center to get a current street to increase the in The Chamber staff enjoys being of service to these visitors and we continue number of resources available to them. the Chamber's 2006 Map & Guide that serves Enclosed foryour review, please find a copy of 's annual directory that membership directory. This is the Chamber 41w as our relocation guide and memb p ry 25,000 and features many Oro Valley businesses who advertise in it. has a distribution of 1 • Chamber's Governmental Affairs Committee voted to support • During the previous quarter the partnered with D g p Town'sGeneral Plan that was before the voters. The Chamber and endorse the from our members to the SAH BA, the home builders association, and raised over $10,000 . • insureapproval byvoters. This campaign included a direct mail development a campaign to its . . We were pleased p newspapers advertisements and political signs. piece, a telephone survey, a part of its successful passage. withoverwhelmingsupport by the voters and having been the P • was well received by the town staff was the Customer A project that we proposed and tenant improvement pprogram for applicants of commercial building and p Satisfaction Survey pp between. the Chamber and the -- • that this is an excellent partnership permits. -We feelopportunity developing this project into a long-term bringp g town that can many benefits. We look forward to program. B. Chamber Special Events its Annual Gala & Fundraiser on November GALA& FUNDRAISER-The Chamber hosted ANNUALwe welcomed over 200 guests. This is the Chamber's 4th at the Hilton El Conquistador where and the Steve • whereproceeds benefit programs of the Chamber biggest fundraising event a best of class venue as hi Engle Scholarship Fund. As always, the El Conquistador provided expected in Oro Valley. pleased to see the Town's fist parade become a 1ST ANNUAL CHRISTMAS PARADE-We were • ll it was attended by residents. The Chamber was pleased to be a financial reality and how we sponsor in the event and look forward to continuing to support it in the coming years. C. Networking Events I events where Oro Valley businesses and Chamber continues to host regular monthly of Oro The of the three events are hosted in the Town Valley guests can gather and network. Two town. The following are location while most of the time is hosted in the and the third varies in in attendance for the previous three networking when these ne 9 events took place and a breakdown months: isheld on the second Thursday of every month at MonthlyMembership Luncheon 1. The Michelangelo's Italian Restaurant. Attendance was as followed o October 13th Luncheon: 80 attendees o November 10th Luncheon: 102 attendees o No Luncheon hosted in December Unlimited Mixer is held the third Tuesday of every 2. The Monthly Chamber Contacts e location varies. Attendance was as follows•: month and the o October 18th Mixer: 51 attendees o November 15th Mixer: 42 attendees o No Mixer hosted in December islast Thursday of every month at the El I Membership Breakfasts held the 3. The Monthly was as follows: Conquistador Golf & Tennis Resort. Attendance o October 27th breakfast: 106 attendees o November 17th breakfast: 97 attendees o No Breakfast hosted in December 2 r D. Ribbon Cuttings pleased to continue to offer ribbon-cutting ceremonies to new The Chamber Ambassadors are businesses. The Chamber hosted the following ribbon cuttings during the last quarter: _ h View Lane 9th- Management Partners 760 E. Pusch November 9 Wealth 2. November 10th- elIerW Williams't I.a Mountain Vistas Realty- 180 W. Mageee e Rd. E. Summary appreciation to the town for Once again, 1 want to express our pp the support that it continues tomber. The partnership between the town and chamber is an excellent example provide the Cha of aP ublic-private partnership that works. We look forward to 2006 and the opportunity to further development our partnership with the town through the survey program we are working on. 4Iw 411.0 3 .1 QUARTERLY PROGRESS REPORT January2006 through March 2006 Submitted To: The Town of Oro Valley The Chamber Serving Northern Pima County By: In accordance with Resolution No. (R) 05-67 A. Tourism, Visitors Services and General Information • information to anyone who has expressed an provided tourism, visitor services and data on The Chamber has over the past three months. Below is in town residents and seasonal tourists interest, including' that the Chamber has addressed through this quarter. activity Telephone calls and activity Jan'2006 Feb'2006 Mar'2006 Total Catego 158 136 428 calls for business 134 1. Member66 58 177 n Packa•eS 237 2. Relocation 53 105 80 52 3. Information sent/faxed 30 97 4. Calls for new Membership 45 22 144 432 160 övisit& 28s 411 390 1,171 6. General, Relocation and Visitor Calls 370 le who are already members of The people 1. Member calls for business: These are calls from eo calltype of Chamber business including referrals. Chamber who for any to the Northerm Pima County area. It l;a Newcomers Kit for people relocating es: 2. Relocation Packages: includes an area map, demographics of Oro Valley & Northern Pima County, The Guide, attractions, hotels & restaurants. 3. Information Calls: Requests for visitor kits such as maps, forinformation other than relocation demographics and accommodations. 4. Calls for new Membership: information for membership Calls to the Chamber office requesting The Chamber of Northerm Pima County. with the Chamber office seeking information. Office visitors: People who visit information requested or refer 5' wide varietyof information: We provide the 6. These are calls for a ed. the caller to another source where they can be better sere Chamber's visitor center. During that time we quarter was another busy month for the about Oro Valley, its The previous visitors seeking information over 400 visits from tourists seasonaland . The are seasonal welcomedthese visitors are not new to Oro Valley y attractions and amenities. Many of to et a current street map, return everyyear and visit the Chamber officeg residents and touri��t who our annual Map & Guide and information on upcoming events. ' role in the Oro Valley Election. In addition to quarter the Chamber took a very active During this endorsed Questions 1 & 2 on the ballot, • Mayor's re-election campaign, the ChamberMarketplace , endorsing the t r approval of the proposed Oro Valley ' were a proved by OV voters. Vo e pp both of which P ber rallied behind Vestar and strongly us win for the community. The Cham was a tremendous encouraged its members and their employees to support the project. • 1 B. Chamber Special Events its 2nd Annual Pinnacle Awards AWARDS- The Chamber recently hostedaThis ND ANNUAL PINNACLE business and leaders in our community. 2 success and contributions of to celebrate the businesses and an Oro Valley resident. Banquetle Awards were two Oro Valley year's recipients of the Pinnacle The were: Large Business of the Year Hilton El Conquistador- g of the Year Bank- Small Business Canyon Community Community Leader of the Year Lyra Done- e at the Hilton El Conquistador and we look forward to keeping our annual The event took plat Awards Banquet in the Town of Oro Valley moving forward. Pinnacle • vents that the Chamber will host: The following are the upcoming special e • 2nd at the Omni Tucson National GOLF TOURNAMENT- Friday, June 14t' at the Hilton 1, ANNUAL ADDRESS-Thursday, September 2. STATE OF THE TOWN OF ORO VALLEY C. Networking Events Oro Valley businesses and guests can • to host regular monthly events whereand the third varies The Chamber continues g hosted in the Town of Oro Valley • . Two of the three events are when these networking gather and network in the town. The following are while most of the time is hosted in location events took place and a breakdown in attendance for the previous three months: mbershi Luncheon is held on the second Thursday of every month at 1. The Monthly Me Luncheon was as followes. lo's Italian Restaurant. Attends Michelange o January 12th Luncheon: 73 attendees o Februa 9th Luncheon: 77 attendees O March 9thattendees Luncheon: 79 att • third Tuesday of every month and Contacts Unlimited Mixer is held the The Monthly Chamber . 2. varies. Attendance was as follows: the location attendees o January 17thMixer: 41 February21st Mixer: 40 attendees o Sattendees o March 21t Mixer: 52 is Thursdayof every month at the El Breakfasts held the last The Monthly Membershipwas as follows: 3. Golf & Tennis Resort. Attendance Conquistador 26th breakfast: 133 attendees o 23rdJanuary26th t: 104 attendees o February breakfast: o March 30th Breakfast: 109 attendees D. Ribbon Cuttings offer ribbon-cutting ceremonies to new pleased to continue to offe Chamber Ambassadors arecuttings during the last quarter: The r hosted the following ribbon 9 businesses. The Chamber � Bank- 10655 N. Oracle Rd. 1. January 13 - M&I W. Magee 20th- Farmers Insurance Group- 190 9 2. January 20 Oracle Rd., Suite 101 3. January 23rd- Sonoran Saints- 10825 N. 2 • 4. February 1st- Nail Trix- 10110 N. Oracle Rd., Suite 120 E. Summary to the town for the support that it c behalf of the Chamber I want to express our appreciationwho open Oro Valley's front On We thoroughly enjoy being the ones p continues to provide the Chamber. The partnership between the and prospective door when newcomers businesses come knocking.to further developing this partnership. town and chamber is mutually beneficial and we look forward 3 1 TOWN OF ORO VALLEY *r E Page 1 of 2 COUNCIL COMMUNICATION MEETING DATE: February 21, 2007 TO: HONORABLE MAYOR & COUNCIL FROM: Charles Kidwell, Transit Services Administrator SUBJECT: Resolution Number (R)07-2o amendingthe Town of Oro Valley Drug-Free Workplace Federal Transit Administration (FTA) Drug/Alcohol Policyadopted g p on December 20, 2006. 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-Free ee Workplace Drug/Alcohol Policy for all employees regulated by the FTA. The Mayor and Council approved the Town of Oro ValleyDrug-Free Workplace FTA g p Drug/Alcohol Policy on December 20, 2006. On January 16, 2007, the City of Tucson's Transit Services Administrator received written notification from the Federal Transit Administration that it lowered its required percentage for drug testing rates for covered employees from 50% to 25%. VIP Therefore, it is necessary to make this minor amendment to the Town's current Drug and Alcohol Policy to reflect these adjustments in percentages. FISCAL IMPACT: Total Drug/Alcohol testing is estimated at $1000.00 annuallyfor the Transit Services Division.vision. This is a budgeted expenditure. Therefore, no additional moneyshall be needed. The amendment,ment, if approved, shall not have any real impact on the current budget. ATTACHMENTS: 1) FTA's change to Random Alcohol and/or Drug Testing. g 2) Resolution Number (R)07-20 , Adoptingthe amended Town of Oro Valley Drug-Free Workplace Federal Transit Administration (FTA) Drug/Alcohol Policy 3) Amended Town of Oro Valley Drug-Free Workplace Federal Transit Administration p t anon (FTA) Drug/Alcohol Policy (Attachment A) RECOMMENDATIONS: It is the recommendation of the Transit Services Administrator to approve Resolution (R)07-20pp No. , dopting the amended Town of Oro Valley Drug-Free Workplace Federal Transit Administration p st anon (FTA) ug/Alcohol Policy. C:\Documents and Settings\ckidwell.OROVALLEY\Desktop\Memos & Council Communications\022107 CC re Amended 2006 FTA Drug-Alcohol Policy - Amended.doc TOWN OF ORO VALLEY Page 2 of 2 COUNCIL COMMUNICATION MEETING DATE: February 21, 2007 SUGGESTED MOTION: I move to approve Resolution No. (R)07- 20 , Adopting the amended Town of Oro Valley Drug-Free Workplace Federal Transit Administration (FTA) Drug/Alcohol Policy. OR I Resolution No. (R)07- 20 , Adopting the amended Town of Oro Valley Drug-Free move to deny Re Workplace Federal Transit Administration (FTA) Drug/Alcohol Policy. Uct, 'il t i . /L-6-4 /L.A/ (1-(4 Ch des Kidwell, Transit Services Administrator / f� / feLt J V /LA Craig Civa)er, Town Engineer ki 1--Attele. Ifid-tiA4- Jer ne Watson, Assistant Town Manager #4414/ f-' 7'61-‘14r — David Andrews, Town Manager C:\Documents and Settings\ckidwell.OROVALLEY\Desktop\Memos & Council Communications\022107 CC re Amended 2006 FTA Drug-Alcohol Policy - Amended.doc • . Federal Register/Vol. 72, No. 5/Tuesday, January 9, 2007/Notices 1057 has submitted evidence showing that take immediate steps to revoke the 25 percent if the"positive rate"for the the vision in the better eye continues to exemption of a driver. entire transit industry is less than one meet the standard specified at 49 CFR Issued on:January 3,2007. percent for two preceding consecutive 391.41(b)(10)and that the vision Larry W.Minor, years. Once lowered,it may be raised to impairment is stable.In addition,a 50 percent if the positive rate equals or Office Director,Bus and Truck Standards and review of each record of safety while exceeds one percent for any one year driving with the respective vision Operations. ("positive rate"means the number of deficiencies over the past two years [ Doc.E7-99 Filed 1-8-07;8:45 am] positive results for random drug tests indicates each applicant continues to BILLING CODE 4910-EX-P conducted under 49 CFR 655.45 plus meet the vision exemption standards. the number of refusals of random tests These factors provide an adequate basis required by 49 CFR 655.49,divided by for predicting each driver's ability to DEPARTMENT OF TRANSPORTATION the total number of random drug tests, continue to drive safely in interstateFederal Transit Administration plus the number of refusals of random commerce.Therefore,FMCSA tests required by 49 CFR Part 655). extending the exemption The alcohol provisions provide that concludes that e g p Prevention of Alcohol Misuse and for each renewal applicant for a period Prohibited Drug Use in Transit the random rate may be lowered to 10 of two years is likely to achieve a level Operations percent if the"violation rate"for the of safety equal to that existing without entire transit industry is less than 0.5 the exemption. AGENCY:Federal Transit Administration percent for two consecutive years.It (FTA),DOT. will remain at 25 percent if the Request for Comments ACTION:Notice of random drug and "violation rate"is equal to or greater FMCSA will review comments alcohol testing rates. than 0.5 percent but less than one received at any time concerning a percent,and it will be raised to 50 particular driver's safety record and SUMMARY:This notice announces the percent if the"violation rate"is one determine if the continuation of the random testing rates for employers percent or greater for any one year exemption is consistent with the subject to the Federal Transit ("violation rate"means the number of requirements at 49 U.S.C. 31136(e)and Administration's(FTA)drug and covered employees found during 31315.However,FMCSA requests that alcohol rules. random tests given under 49 CFR 655.45 interested parties with specific data DATES:Effective Date:January 9,2007. to have an alcohol concentration of.04 concerning the safety records of these FOR FURTHER INFORMATION CONTACT:Jerry or greater,plus the number of drivers submit comments by February 8, Powers,Drug and Alcohol Program employees who refuse a random test 2007. Manager for the Office of Safety and required by 49 CFR 655.49,divided by FMCSA believes that thethe total reported number of random Security,(202)366-2896(telephone) requirements for a renewal of anand(202)366-7951 (fax).Electronic alcohol tests plus the total number of Lexemption under 49 U.S.C.31136(e)and access to this and other documents refusals of random tests required by 49 31315 can be satisfied by initiallyconcerning FTA's drug and alcohol CFR Part 655.) granting the renewal and then testingrules maybe obtained through 49 CFR 655.45(b)states that,"the requesting and evaluating,if needed, Administrator's decision to increase or subsequent comments submitted by the FTA World Wide Web homepage at decrease the minimum annual q http://www.fta.dot.gov,click on"Safety interested parties.As indicated above, and Security." percentage rate for random drug and the Agency previously published alcohol testing is based,in part,on the notices of final disposition announcing SUPPLEMENTARY INFORMATION:On reported positive drug and alcohol its decision to exempt these 20 January 1, 1995,FTA required large violation rates for the entire industry. individuals from the vision requirement transit employers to begin drug and The information used for this in 49 CFR 391.41(b)(10).The final alcohol testing employees performing determination is drawn from the drug decision to grant an exemption to each safety-sensitive functions and to begin and alcohol Management Information of these individuals was based on the submitting annual reports by March 15 System(MIS)reports required by 49 merits of each case and only after of each year beginning in 1996.The CFR Part 655.In determining the careful consideration of the comments annual report includes the number of reliability of the data,the Administrator received to its notices of applications. employees who had a verified positive shall consider the quality and The notices of applications stated in for the use of prohibited drugs,and the completeness of the reported data,may detail the qualifications,experience, number of employees who tested obtain additional information or reports and medical condition of each applicant positive for the misuse of alcohol.Small from employers,and may make for an exemption from the vision employers commenced their FTA- appropriate modifications in calculating requirements.That information is required testing on January 1, 1996,and the industry's verified positive results available by consulting the above cited began reporting the same information as and violation rates." Federal Register publications. the large employers beginning March The Administrator has determined InterestedP arties or organizations 15,1997.The testing rules were updated that the random drug testing rate shall possessing information that would on August 1, 2001,and established a be reduced from 50 to 25 percent for otherwise show that any,or all of these random testing rate for prohibited drugs 2007 due to a"positive rate"lower than drivers,are not currently achieving the and the misuse of alcohol. 1.0 percent for random drug test data statutory level of safety should The rules require that employers from 2003 through 2005.The random immediately notify FMCSA.The conduct random drug tests at a rate drug rates for the three preceding Agency will evaluate any adverse equivalent to at least 50 percent of their consecutive years are 0.96 for 2003,0.89 evidence submitted and,if safety is total number of safety-sensitive percent for 2004 and 0.79 percent for being compromised or if continuation of employees for prohibited drug use and 2005. the exemption would not be consistent at least 25 percent for the misuse of In 2006,the FTA retained the random 4101111" with the goals and objectives of 49 alcohol.The rules provide that the drug alcohol testing rate of 10 percent U.S.C. 31136(e)and 31315,FMCSA will random testing rate may be lowered to (reduced previously from 25 percent) g 1058 Federal Register/Vol. 72, No. 5/Tuesday, January 9, 2007/Notices based on the"positive rate"for random Title:U.S.Treasury Securities State Paperwork Reduction Act of 1995, alcohol test data from 2003 and 2004. and Local Government Series Early Public Law 104-13 (44 U.S.C. Because the random alcohol violation Redemption Request. 3506(c)(2)(A)).Currently the Bureau of rate was again lower than 0.5 percent for OMB Number:1535-0121. the Public Debt within the Department the two preceding consecutive years Form Numbers:PD F 5377. of the Treasury is soliciting comments (0.11P ercent for 2004 and 0.11 percent Abstract:The information is concerning the application for for 2005),the random alcohol testing requested to process early redemption disposition of savings bonds after the rate will remain at 10 percent for 2007. requests for the owners of securities of death of the registered owner(s). FTA detailed reports on the drug and State and Local Government Series. DATES:Written comments should be alcohol testing data collected from Current Actions:None. received on or before March 12, 2007,to transit employers may be obtained from Type of Review:Extension. be assured of consideration. the Office of Safety and Security, Affected Public:State or Local ADDRESSES: Direct all written comments Federal Transit Administration,400 Government. Estimated Number of Respondents: to Bureau of the Public Debt,Vicki S. Seventh Street,SW.,Room 9301, Thorpe,200 Third Street,Parkersburg, Washington,DC 20590, (202) 366-2896 3,350. Estimated Time Per Respondent:30 WV 26106-1328,or or at http://transit-safety.volpe.dot.gov/ Publications. minutes. Vicki.Thorpe@bpd.treas.gov. Estimated Total Annual Burden FOR FURTHER INFORMATION CONTACT: Issued on January 4,2007. Hours:1,675. Requests for additional information or James S.Simpson, Request for Comments:Comments copies of the form and instructions Administrator. submitted in response to this notice will should be directed to Vicki S.Thorpe, [FR Doc.07-43 Filed 1-5-07;12:40 pm] be summarized and/or included in the Bureau of the Public Debt, 200 Third BILLING CODE 4910-57-P request for OMB approval.All Street,Parkersburg,WV 26106-1328, comments will become a matter of (304)480-8150. public record.Comments are invited on: SUPPLEMENTARY INFORMATION: (a)Whether the collection of THE TREASURY information is necessary for the proper Title:Application For Disposition of DEPARTMENT OF Series I Savings Bonds After The Death performance of the functions of the of the Registered Owner(s). Bureau of the Public Debt agency,including whether the information shall have practical utility; OMB Number:1535-0131. Proposed Collection: Comment (b)the accuracy of the agency's estimate Form Number:PD F 5394. Request of the burden of the collection of Abstract:The information is information; (c)ways to enhance the requested to request payment or reissue ACTION:Notice and request for quality,utility,and clarity of the of savings bonds belonging to a comments. information to be collected; (d)ways to deceased owner. SUMMARY:The Department of the minimize the burden of the collection of Current Actions:None. P Treasury,as part of its continuing effort information on respondents,including Type of Review:Extension. to reducea erwork and respondent through the use of automated collection Affected Public:Individuals. p p burden,invites the general public and techniques or other forms of information Estimated Number of Respondents: other Federal agencies to take this technology;and(e)estimates of capital 4,100. opportunity to comment on proposed or start-up costs and costs of operation, Estimated Time per Respondent:30 P and/or continuing information maintenance,and purchase of services minutes. information. collections,as required by the to provideEstimated Total Annual Burden Paperwork Reduction Act of 1995, Dated:January 3,2007. Hours:2,050. Public Law 104-13 (44 U.S.C. Vicki S.Thorpe, Request for Comments:Comments 3506(c)(2)(A)).Currently the Bureau of Manager,Graphics,Printing and Records submitted in response to this notice will the Public Debt within the Department Branch. be summarized and/or included in the of the Treasury is soliciting comments [FR Doc.E7-68 Filed 1-8-07;8:45 am] request for OMB approval.All concerning the transaction request for BILLING CODE 4810-39-P comments will become a matter of U.S.Treasury Securities State and Local public record.Comments are invited on: Government Series Early Redemption. (a)Whether the collection of DATES:Written comments should be DEPARTMENT OF THE TREASURY information is necessary for the proper received on or before March 12, 2007,to performance of the functions of the be assured of consideration. Bureau of the Public Debt agency,including whether the comments Comment information shall have practical utility; ADDRESSES:Direct all writtenProposed Collection: (b)the accuracy of the agency's estimate to Bureau of the Public Debt,Vicki S. Request of the burden of the collection of Thorpe,200 Third Street,Parkersburg, and request for information; (c)ways to enhance the WV 26106-1328,or ACTION:Noticeq quality,utility,and clarity of the Vicki.Thorpe@bpd.treas.gov. comments. information to be collected;(d)ways to FOR FURTHER INFORMATION CONTACT: SUMMARY:The Department of the minimize the burden of the collection of Requests for additional information or Treasury,as part of its continuing effort information on respondents,including copies of the form and instructions to reduce paperwork and respondent through the use of automated collection should be directed to Vicki S.Thorpe, burden,invites the general public and techniques or other forms of information Bureau of the Public Debt, 200 Third other Federal agencies to take this technology;and(e)estimates of capital Street,Parkersburg,WV 26106-1328, opportunity to comment on proposed or start-up costs and costs of operation, (304)480-8150. and/or continuing information maintenance,and purchase of services SUPPLEMENTARY INFORMATION: collections,as required by the to provide information. RESOLUTION NO. (R) 07- 2 0 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, AMENDING THE TOWN OF ORO VALLEY DRUG FREE WORKPLACE FEDERAL TRANSIT ADMINISTRATION (FTA) DRUG/ALCOHOL POLICY WHEREAS, Pursuant to Arizona Revised Statute 9-240, the Town has the authority to provide policies and procedures for its employees and the Town believes the Town of Oro Valley Drug- Free Workplace Federal Transit Administration (FTA) Drug/Alcohol Policy is in the best interest of the employees of the Town; and WHEREAS, the Federal Transit Administration has the authority to provide funding for transit services and believes it is in the best interest of both the passengers of transit services and the employees of the Town; and WHEREAS, on December 20, 2006, the Mayor and Council adopted Resolution No. (R)06-103 the Town of Oro Valley Drug Free Workplace FTA Drug/Alcohol Policy; and WHEREAS, the City of Tucson notified the Town of Oro Valley that the FTA changed the requirement for random drug testing from 50%to 25% of the number of employees tested; and WHEREAS, the Town of Oro Valley desires to amend the Town of Oro Valley Drug Free Workplace FTA Drug/Alcohol Policy to reflect the FTA change. NOW, THEREFORE, BE IT RESOLVED by Mayor and Council of the Town of Oro Valley, Arizona that the certain document, known as the Town of Oro Valley Drug-Free Workplace Federal Transit Administration (FTA) Drug/Alcohol Policy, is hereby amended and adopted with the additions being shown in ALL CAPS and deletions being shown in strikethroughi Random Alcohol and/or Drug Testing The current mandated testing goals are: 2559% of the number of covered employees for drug testing, and 10% of the number of covered employees for alcohol testing. 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. C:\Documents and Settings\ckidwell.OROVALLEY\Desktop\Memos&Council Communications\resolution to council drug free workplace 2006 amended-amended.doc PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona, this 21st day of February , 2007. TOWN OF ORO VALLEY Paul H. Loomis, Mayor ATTEST: APPROVED AS TO FORM: Kathryn E. Cuvelier, Town Clerk Melinda Garrahan, Town Attorney Date Date 'void NegiO C:\Documents and Settings\ckidwell.OROVALLEY\Desktop\Memos&Council Communications\resolution to council drug free workplace 2006 amended-amended.doc • ATTACHMENT A Amended Town of Oro Valley Drug-Free Workplace FTA Drug/Alcohol Policy Please see Page 14 1111111 C:\Documents and Settings\ckidwell.OROVALLEY\Desktop\Memos & Council Communications\022107 CC re Amended 2006 FTA Drug-Alcohol Policy-Amended.doc i t Town of Oro Valley Drug-Free Workplace -41) FTA Drug/Alcohol Policy Prepared by: Chuck Kidwell, Transit Services Administrator Date of Issue: 2/21/2007 Contains: Federal Transit Administration (FTA) Policy • 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 Approved by: Oro Valley Town Council on this date: Town of Oro Valley �,. Drug-Free Workplace FTA Drug/Alcohol Policy Table of Contents Purpose 4 Policy Communication 4 Who is Subject to his Policy 5 Types of Testing 6 Prohibited Conduct 7 Consequences of Prohibited Conduct 9 Pre-Employment Drug Testing 12 Random Alcohol and/or Drug Testing 14 Reasonable Suspicion/Cause Drug and Alcohol Testing 16 Post Accident Testing 17 %kir Return to Duty Testing 19 Follow Up Testing 19 Blind Performance Testing 20 Collection Process 20 Laboratory Analysis 23 Reporting of Test Results 25 Medical Review Officer(MRO) 26 Split Specimen Testing 28 Substance Abuse Professional (SAP) 28 Test Results and Records 29 Training 29 tr. Drug-Free Workplace Administration 30 2 LIST OF APPENDICES APPENDIX FORM A Authorization for the Release of Information B Notification of Testing C Post-Accident Instructions D Supervisor's Report of Reasonable Suspicion E Company Designated Service Providers F Approved Specimen Collection Sites G Specimen Collection Procedures H Certification of Completion of Drug and Alcohol Awareness Program I Removed J Verification of Participation in Alcohol/Controlled Substance Testing Program K Employee Random Drug Testing Consent Form 3 PURPOSE The Town of Oro Valley (Town) recognizes that employees are an organization's most important resource and is therefore committed to providing an environment that is totally free of the harmful effects of drugs and alcohol. The following policy is intended to protect the safety of employees and the public we serve, as well as prevent accidents and injuries that are the result of drug and/or alcohol abuse. Furthermore, this document is intended to comply with the regulations of the Federal Transit Administration (FTA). This document outlines the Town's Drug-Free Workplace Program as mandated by the FTA and the Town, and provides guidance to supervisors in addressing substance abuse issues. Since it is difficult to cover every possibility and outcome of drug testing in this policy, if a situation is not covered in this policy, the Town shall follow the FTA regulations, interpretations, and suggestions. This policy was adopted by the Oro Valley Town Council on (See Council Resolution) . This policy shall be kept current with the latest federal regulations. POLICY COMMUNICATION Realizing that a policy's effectiveness is dependent upon how well it's communicated, it is the Town's intent to furnish a copy of this policy to every employee regulated by the FTA. Each employee regulated by the FTA shall be required to sign a confirmation of receipt form that acknowledges that the employee received a copy of this policy. This policy applies to all employees and applicants of the Town regulated by FTA 49 CFR Part 40 and 49 CFR Part 655, as amended. Any exception to the Federal Regulations shall be noted throughout this policy in Italics (Italics). It is the responsibility of the employee to read, understand, and comply with this policy. Employees are encouraged to ask questions if there is any part of this policy that is not understood. Failure to read or understand any part of the policy shall not relieve the employee of the responsibility to abide by it. Any inquiries should be directed to: Town of Oro Valley Human Resources Department 11,000 N. La Canada Drive Oro Valley, AZ 85737 (520) 229-4750 The designated program manager shall be the Human Resources Director, and/or his/her designee, at the above address and telephone number. The direct phone numbers for the Human Resources Department are: Human Resources Director— Sandra Abbey @ (520) 229-4750 Human Resources Specialist—Carol Willett @ (520) 229-4751 4 WHO IS SUBJECT TO THIS POLICY In accordance with FTA regulations, this policy applies to: any employee who operates a revenue service vehicle, even if it is not in revenue service; operation of a non-revenue service vehicle that requires a Commercial Driver's License (CDL); dispatch or controlling movement of a revenue service vehicle; and maintenance of revenue service vehicle or equipment used in revenue service (including individuals engaged in engine, parts repair and/or overhauling). The actual job duties of employees have been analyzed to determine whether persons perform, or may be called upon to perform, safety-sensitive duties. Participation in the Town of Oro Valley Drug and Alcohol Testing/FTA Program is a requirement of each of these safety-sensitive employees and is a condition of employment and continued employment with the Town. Therefore, the Town of Oro Valley, Coyote Run Drivers, Dispatchers, and any other positions/persons (i.e., Communications Clerks, Administrative Assistants, etc.,) who are designated to serve as backups to Drivers and Dispatchers, are subject to the provisions of this Policy and are required to participate in the Drug-Free Workplace FTA Drug and Alcohol Policy. This policy also pertains to employees or contractors who carry a firearm for security purposes. Volunteers are exempt from the drug testing policy unless they drive a vehicle which requires they have a CDL and/or performs any safety sensitive function and receives remuneration in excess of their actual expenses. Any new job classifications shall be analyzed for any safety-sensitive job categories and corresponding company position titles that clearly identify which employees are specifically covered shall be included in this Policy or attached to the Policy. This includes supervision, only if they perform, or may perform, any safety-sensitive functions. This Policy applies to both Town applicants and non-Town external applicants for these safety-sensitive positions. Throughout this Policy, all of the above listed employees shall be referred to as "covered employees." The terms "covered employee" and "employee" are used interchangeably and refer to the same above listed individuals. It is to be noted that this Policy reflects that these employees shall be subject to drug and/or alcohol testing at anytime while on duty. This means that an employee is subject alcohol testing anytime before, during, and just after performing any safety-sensitive function. The Transit Services Division's Hours of Operation are 8:00 a.m. — 5:00 p.m., Monday through Friday. The Transit Services Division services are currently not provided on weekends or holidays. On-duty hours for Maintenance staff for the Transit Services Division are in accordance with the requirements of the maintenance contract(s). All testing procedures comply with the procedures set forth in Part 40 of the FTA Regulations (See 49 CFR Part 40). Neither the implementation of this Policy nor any of the terms of this Policy is intended to modify the at-will nature of the employment relationship at/with the Town or to otherwise create any contract, express or implied, with any employee. Employment with the Town is considered "at- will,"and as such there is for no set duration and can be terminated by the Town or the employee at anytime,for any reason, unless prohibited by statute or public Policy. 5 TYPES OF TESTING Participation in the Drug-Free Workplace FTA Drug/Alcohol Policy testing program is a requirement of employees regulated by FTA, specifically in accordance with 49 CFR, Part 40, and Part 655, and therefore, is a condition of employment and continued employment with the Town. Covered employees shall be subject to: PRE-EMPLOYMENT DRUG TESTING RANDOM ALCOHOL AND/OR DRUG TESTING REASONABLE SUSPICION (or REASONABLE CAUSE) ALCOHOL AND DRUG TESTING POST-ACCIDENT ALCOHOL AND DRUG TESTING RETURN TO DUTY ALCOHOL AND DRUG TESTING FOLLOW UP ALCOHOL AND/OR DRUG TESTING Ntwor ''Mit. 6 PROHIBITED CONDUCT NO COVERED EMPLOYEE SHALL: • Consume alcohol four hours prior to performing any safety-sensitive function. • Report to duty or remain on duty requiring the performance of any safety-sensitive function while having an alcohol concentration of 0.02 percent or greater. This includes when the employee is called out for duty. • Use alcohol while performing any safety-sensitive functions. • Manufacture, use, sell, distribute, dispense, purchase or have in possession alcohol or any controlled substance on Town time or on Town property, including breaks and/or lunch breaks (consistent with the Drug-Free Workplace Act of 1988). • Consume alcohol while on-call or standby. • Fail to remain readily available for testing after an accident. • When required to take a post accident test, use alcohol for eight hours following the accident or before being tested, whichever comes first. • Fail to immediately report to the collection site when notified to do so. • Refuse to submit to a post accident, random, reasonable suspicion, return-to-duty, or follow-up drug or alcohol test. • Report to duty or remain on duty requiring the performance of any safety-sensitive functions when the employee uses any controlled substance, except when the substance is obtained legally under the instructions of a licensed medical practitioner who has advised the employee that the substance shall not adversely affect the employee's ability to perform any safety-sensitive function. Any employee using medication or prescribed drugs, which may impact their ability to perform any safety-sensitive function, shall notify their supervisor of the fact prior to performing any safety-sensitive functions. • Report to duty, remain on duty or perform any safety-sensitive function, if the employee tests positive for controlled substances. • Refuse to take an alcohol and/or drug test. A refusal to test constitutes a verified positive alcohol and/or drug test result. • Attempt to interfere, alter, substitute, adulterate or in any way affect the outcome of the alcohol and/or drug test result. • Test positive for drugs or alcohol after being released by the Substance Abuse Professional (SAP) and returned to duty, either during the rehabilitation program (tests administered by the rehabilitation facility) or during follow-up tests scheduled in accordance with the Substance Abuse Professional's evaluation and/or during random tests. • Test positive for the following drugs in accordance with Department of Transportation (DOT) Alcohol & Drug Testing Procedures (49 CFR Part 40): Marijuana (THC metabolite), Cocaine, Amphetamines (e.g. racemic amphetamine, dextroamphetamine, and methamphetamine), Opiates (e.g., heroin, morphine, codeine), Phencyclidine (PCP) (There are federally mandated cut-off limits for screening and confirmation tests. Please reference 49 CFR Part 40.87 for screening and confirmation drug cut-off limits.) 7 If a different substance is suspected other than the standard five tested for, the Human Resources Director, and/or his/her designee, may request additional or different substance testing. The employee shall be tested using non-regulated custody and control form. ALL COVERED EMPLOYEES SHALL: Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace within five (5) days after such conviction, as stated in the Drug-Free Workplace Act of 1988. NO SUPERVISOR SHALL: Having actual knowledge or reasonable suspicion that a covered employee has an alcohol concentration of 0.02 percent or greater, permit the employee to continue performing any safety- sensitive function. Having actual knowledge or reasonable suspicion that a covered employee is using alcohol while performing any safety-sensitive functions, permit the employee to perform or continue to perform these functions. Permit a covered employee who refuses to submit to post-accident, random, reasonable 11111„ suspicion, return-to-duty, or follow-up alcohol or controlled substances testing, to perform or continue to perform any safety-sensitive function. Having actual knowledge or reasonable suspicion that a covered employee has used a controlled substance, permit the employee to perform or continue to perform any safety-sensitive function. A SUPERVISOR SHALL: Having actual knowledge or reasonable suspicion of any of the situations listed above, report such information to management immediately. 1111, 8 CONSEQUENCES OF PROHIBITED CONDUCT Covered employees who have engaged in prohibited conduct (as stated in Prohibited Conduct) shall be immediately removed from their safety-sensitive/driving position, and placed on administrative leave pending an administrative investigation and disposition of their employment status. The employee shall provide a phone number that they can be reached at so that they can be contacted by phone. The employee is to remain available for contact and to be ready to present himself or herself at a designated Town location when asked to do so by supervision or management. If necessary, the employee's work hours may be changed(i.e. 8:00 a.m. —5:00 p.m.)for administrative conference. A Covered Employee who(s): Conduct prevents the completion of a required drug or alcohol test shall be subject to disciplinary action up to and including termination of employment. Reports to work within four hours of consuming alcohol shall be subject to disciplinary action up to and including termination of employment. Consumes alcohol four hours prior to performing any safety-sensitive function shall be subject to disciplinary action up to and including termination of employment. Manufactures, uses, sells, purchases, or is in possession of alcohol or any controlled substance on Town time and/or Town property, or during breaks and/or lunch breaks, shall be subject to disciplinary action up to and including termination of employment. Reports for duty, or reports for duty after being called out, or remains on duty requiring the performance of any safety-sensitive function while having an alcohol concentration of 0.02 or greater shall be subject to disciplinary action up to and including termination of employment. Consumes alcohol while on standby shall be subject to disciplinary action up to and including termination of employment. Consumes alcohol while on-call is subject to disciplinary action up to and including termination of employment. Consumes alcohol while on-call and does not notify management of alcohol consumption when contacted by management for call-out and reports for duty, is subject to disciplinary action up to and including termination of employment. In addition, the employee shall be required to submit to an alcohol test if the covered employee acknowledges the use of alcohol, but claims the ability to perform his or her safety-sensitive function. Consumes alcohol off-duty, is called out for work, does not immediately notify management of the alcohol consumption when contacted by management for call-out, and reports to work is subject to disciplinary action up to and including termination of employment. 9 Reports for duty or remains on duty requiring the performance of any safety-sensitive functions when the employee uses any controlled substance, except when the substance is obtained legally under the instructions of a licensed medical practitioner, shall be subject to disciplinary action up to and including termination of employment. Fails to report to supervision the use of prescribed medication that may adversely affect their ability to perform safety-sensitive function, shall be subject to disciplinary action up to and any including termination of employment. Fails to report to the designated testing facility immediately upon notification to submit to a post- accident, random, reasonable suspicion, return-to-duty, or follow-up alcohol or controlled substances test, shall be considered a refusal to test and treated as a positive test result and subject to disciplinary action up to and including termination of employment. Fails top rovide sufficient quantities of breath or urine to be tested without medical explanation is subject to disciplinary action up to and including termination of employment. Fails to remain readily available for testing after an accident, is deemed to have refused to submit to testing and is subject to disciplinary action up to and including termination of employment. Refuses to submit to a post-accident, random, reasonable suspicion, return-to-duty, or follow up alcohol and/or drug test, shall be removed from their safety-sensitive position, considered to have had a positive test result, and subject to disciplinary action up to and including termination of employment. This includes verbal or written refusal to take the test. Interferes, alters, substitutes, adulterates, contaminates, or in any way affects the outcome of the alcohol or drug-testing procedure shall be terminated from Town employment. This includes verified adulterated or substituted test results. Testsp ositive for any of the drugs tested for in cases where uses of a specific drug or drugs is suspected, shall be subject to disciplinary action up to and including termination of employment. Uses illegal drugs or tests at 0.02 percent or greater for alcohol, shall be removed from their position safety-sensitive and subject to disciplinary action up to and including termination of employment. Testsfor ositive alcohol and/or drugs while in their probationary employment period, or after p theirrobationar employment period, shall be terminated. The employee shall be informed of p y the availability of the services of a Substance Abuse Professional (SAP) Allositive results and refusals shall result in the employee being removed from duty and p referred to a substance abuse professional for assessment and evaluation. A Supervisor Who: 10 Has actual knowledge or reasonable suspicion that a covered employee has an alcohol concentration of 0.02 percent or greater and permits the employee to continue performing any safety-sensitive function, shall be subject to disciplinary action up to and including termination of employment. Has actual knowledge or reasonable suspicion that a covered employee is using alcohol while performing any safety-sensitive function and permits the employee to perform or continue to perform these functions, shall be subject to disciplinary action up to and including termination of employment. Permits a covered employee who refuses to submit to post-accident, random, reasonable suspicion, return-to-duty, or follow-up alcohol or controlled substance testing, to perform or continue to perform any safety-sensitive function, shall be subject to disciplinary actions up to and including termination of employment. Has actual knowledge or reasonable suspicion that a covered employee has used a controlled substance and permits the employee to perform or continue to perform any safety-sensitive function, shall be subject to disciplinary action up to and including termination of employment. Has actual knowledge or reasonable suspicion that a covered employee has tested positive for controlled substances, permit the employee to perform or continue to perform any safety- sensitive function, shall be subject to disciplinary action up to and including termination of employment. Has actual knowledge or reasonable suspicion of any of the situations listed above and does not report such information to management immediately, shall be subject to disciplinary action up to and including termination of employment. 11 PRE-EMPLOYMENT DRUG TESTING The Pre-Employment Testing Program consists of testing for controlled substances only. The Federal Register of May 10, 1995 suspended pre-employment testing for alcohol abuse/misuse. PRE-EMPLOYMENT DRUG TESTING—EXTERNAL APPLICANT Pre-Employment Drug Testing is applicable when an external applicant applies for a permanent or temporary position with the Town, and is subject to this Policy. After a conditional offer is made, the applicant shall be tested for controlled substances. Applicants shall not be allowed substitute testing done through their own medical facilities and/or laboratories. The Town cannot hire an applicant to perform any safety-sensitive function unless the applicant has taken a drug test with a verified negative result that has been submitted to under this program. The applicant cannot start work (includes performing any safety-sensitive functions) until a verified negative drug test result has been received by the Town. If the test is cancelled, the employee must retake and pass the drug test before being hired. Pre-employment External Town applicants for any safety-sensitive positions shall be responsible for their own time, transportation, and any associated travel expense, to complete the pre-employment test. The applicant shall appear at the Town's designated testing facility at the appointed time/place to complete the test. A split urine specimen shall be collected. The Town shall pay for the cost of the drug test. Collection shall be unobserved, unless the testing facility determines that cause exists for conducting an observed specimen, or any other requirement for an observed specimen exists. (See Collection Process). 4116P, Pre-Employment Drug Test Notification shall occur after obtaining a release form signed by the applicant, authorizing any previous DOT covered employer testing programs to share driver qualification information. Upon written consent from the applicant, the Town's Human Resources Department must obtain from the applicant's previous employers, any information concerning the applicant's participation in a safety-sensitive alcohol and drug-testing program. 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: Has participated in a drug and alcohol testing program required by the DOT in the last two years. 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. 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. Refused a required test in the last two years. 12 www 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. If for any reason the pre-employment drug test is deemed rejected by the laboratory and/or the Medical Review Officer (MRO), another test shall be obtained in order to obtain a negative result. PRE-EMPLOYMENT DRUG TESTING PRE-EMPLOYMENT DRUG TESTING — CURRENT TOWN APPLICANTS (CURRENT TOWN EMPLOYEE) A current employee who seeks promotion or transfer to a permanent or temporary safety- sensitive position, shall, after a conditional offer is made, be tested for controlled substances. The employee shall be informed in writing of the testing requirements. The employee shall appear at the Town's designated testing facility at the appropriate time/place to undergo the test. A split specimen shall be collected. The Town shall pay for the cost of the drug test. Collection shall be unobserved, unless the testing facility determines that cause exists for conducting an observed specimen. (See Collections Process). If for any reason the applicant's or employee's drug test is cancelled, the individual shall be required to take another pre-employment drug test. Employees shall not be allowed to substitute testing done through their own medical facilities and/or laboratories. The employee shall not be able to start work in this position or perform any safety-sensitive function until the Town has received a verified negative drug test result. When a safety-sensitive employee returns to any safety-sensitive duties who has been off work more than 90 days and has not remained in the random pool, the safety-sensitive employee must pass a Pre-Employment test before resuming duties. The employee shall not be allowed to return to work until the Town has received a negative drug test result. Employees shall be removed from the random pool whenever their leave of absence is in excess of 60 days. If for any reason the pre-employment drug test is deemed rejected by the laboratory and/or the MRO another test shall be obtained in order to obtain a negative result. Additionally, if otherwise qualified, an individual with permanent or long term disabilities that directly render them unable to provide an adequate urine specimen shall be able to perform any safety-sensitive duties despite their inability to provide urine during a pre-employment test. The MRO shall determine long term inability to provide urine by medical examination and consulting with the employee's physician. 13 RANDOM ALCOHOL AND/OR DRUG TESTING Random Alcohol testing shall be conducted before, during, or after the performance of any safety-sensitive duties of covered employees. Random drug testing shall be conducted anytime the employee is on duty. The employee may be randomly selected for testing 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. A percentage of names selected for controlled substance testing shall also be tested for alcohol in accordance with FTA Alcohol & Drug Testing Regulations.Names selected shall be placed back into the"random pool" each time and the individual shall again be subject to selection and testing. All covered employees in the random pool have an equal chance of selection every time a new random list is generated. Covered employees should reasonably expect to be contacted for a random drug/alcohol test on any day/time during the Town's Transit Services Division's hours of operation. Random testing is: Scientifically valid. Continuous throughout the calendar year. Reasonably spread throughout the month/year. Unannounced and immediate. Conducted on and during all days and hours of operation. With no discretion by Managers as to who is selected for testing or notified to proceed for kior testing. Meets FTA testing goals for drugs and alcohol. The current mandated testing goals are: 25% of the number of covered employees for drug testing, and 10% of the number of covered employees for alcohol testing. These percentages may be changed and vary from year to year, in accordance with FTA regulations and notification. RANDOM ALCOHOL AND DRUG TESTING—Notification for Testing Upon selection of an employee to be tested for drugs and/or alcohol, the Human Resources Director, or his/her designee, shall contact the employee's supervisor and notify them of the selection. The supervisor shall notify the employee that they must report immediately to the nearest Town designated facility for testing. No advanced notification shall be given to the employee. If the employee is performing any safety-sensitive function at the time of notification, the employee shall be directed to cease performing the safety-sensitive function and proceed to the Town's designated facility for testing. The employee may be allowed to use a Town vehicle or a supervisor shall make arrangements for the employee to be taken for testing. Testing shall be done on Town time and at Town expense. The employee completes the time notified on the Town 14 of Oro Valley, Federal Transit Administration, Transit Services Division Drug and Alcohol Testing Form and carries the form with them throughout the testing process. The employee, if released to return to their safety-sensitive position after random testing, shall show the completed employee's copy of the form to their supervisor, either immediately upon returning to _,... their safety-sensitive duty, or at the end of the day (as directed by their supervisor). The employee shall be randomly alcohol tested while the employee is performing any safety- sensitive function;just before the employee is to perform any safety-sensitive functions, or just after the employee has ceased performing such functions. If notification cannot be accomplished during the employee's work shift, the supervisor may hold the notification for the entire selection period. If the employee has not returned by the end of selection period, the supervisor shall notify Management, who shall return the name to the Human Resources Director, or his/her designee, with an explanation for the inability to notify the employee. A Drug test may be required anytime an employee is on duty. Upon notification, the employee shall be required to report immediately to one of the Town's designated testing facilities. The confidentiality of the selection notice shall be strictly controlled. When an employee fails to report to the collection site, or refuses to provide a urine specimen, the supervisor shall determine the reason that the employee failed to report and notify Management immediately. A refusal to test shall be considered a positive test result and shall result in discipline up to and including termination of employment. Listed below are behaviors that constitute a refusal to test as referenced in 49 CFR Part 40.191. • Verbal or written refusal to take the test. • Refusal to sign the Step #2 on the US DOT Alcohol Breath Testing Form. • Inability to provide sufficient amounts of breath or urine to be tested without a valid medical explanation. (Please note this explanation must be in writing from a physician.) • Any conduct that prevents the completion of a required drug or alcohol test and/or failure to cooperate with any part of the testing process. • Tampering with or attempting to adulterate the specimen or collection procedure. • Failure to arrive at the collection site in a timely manner. • Leaving the scene of an accident without a valid reason before the tests have been conducted (or failure to remain readily available following an accident). • Failure to remain at the testing site until the testing process is complete. • Failure to provide a urine sample. • Failure to provide a directly observed specimen when circumstances mandate it. • Failure to take a second test the employer or collector has directed the employee to take. • Failure to undergo a medical examination as determined or directed by the MRO. • A verified adulterated or substituted test result is a refusal to test. A safety sensitive employee who engages in any of the above mentioned infractions shall be subject to disciplinary action up to and including termination from employment. REASONABLE SUSPICION/CAUSE DRUG & ALCOHOL TESTING 15 Reasonable Cause (also known as "Reasonable Suspicion" or "For Cause") Testing shall be conducted when trained supervision has reasonable suspicion that a covered employee is under 11111110. the influence of alcohol and/or drugs anytime while on duty, or in possession, using or recently ' purchasingalcohol or drugs duringwork hours including lunch or using, transferring, selling or g breaks, or while on Town property, or in a Town vehicle. A trained supervisor's determination that reasonable suspicion exists shall be based on specific, contemporaneous, articulable and observable observations that articulate and substantiate behavioral and performance indicators of probable drug use or alcohol misuse by physical,observing the appearance,earance, behavior, speech or body odors of the covered employee. The required observations must be made by a supervisor who is trained in detecting the signs and symptoms of drug use or alcohol misuse. Reasonable Suspicion testing for alcohol is based on observations made during, just preceding, or just after the period of the work day that the covered employee is required to be in compliance with this Policy. An employee shall be directed to undergo reasonable suspicion testing for alcohol only while the employee is performing any safety-sensitive functions, just before the is ee emp to to perform any safety-sensitive function or just after the employee has ceased Y performing such functions. A covered employee who is required to provide urine specimen as a result of a "Reasonable Cause" circumstance shall follow the collection site procedures outlined under "Specimen Collection Process," except that the employee shall be escorted to the testing facility by a supervisor. A split specimen shall be collected. The Town shall pay for the cost of the "Reasonable Cause" test. lab A covered employee shall be required to submit to a controlled substance and/or alcohol test when "For Cause" circumstances and reasonable suspicion are identified and documented as specified below: Documentation requirements When an employee having reasonable suspicion of another employee's controlled substance and/or alcohol use violation of this Policy is not a trained supervisor, the employee shall immediately notify a trained supervisor. 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 shall then contact another trained supervisor or manager to observe the behavior. If in agreement that the reasonable suspicion exists, the supervisor shall call the Human Resources Director, and/or his/her designee, to order a "Reasonable Cause" test. If the two supervisors/managers disagree, the Human Resources Director, and/or his/her designee, shall decide whether to order testing. If another supervisor is not available to confer, the supervisor shall call his/her p supervisor/manager to discuss the observation and make a decision t._o__test_. 16 • The supervisor shall notes the subject employee in person and ensure that he/she is transported p by a supervisor/manager immediately, or as soon as practical, to the Towns designated collection site to be tested. The supervisor/manager shall remain at the collection site 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 ap ositive 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 Post Accident/Safety Sensitive alcohol and/or drug testing shall be conducted as soon as practical following an accident involving a safety sensitive employee operating an FTA vehicle. All decisions made to test shall be based on the best information available at the time of the accident. (See Appendix C, Accident Testing Instructions, for further information). CONDUCTING TESTS AT FATAL ACCIDENTS As soon as practical following the accident involving the loss of human life. Each surviving covered employee that was involved in the accident and who operated a vehicle at the time of the accident shall be tested. Any other covered employee whose performance may have contributed to the accident shall be tested. CONDUCTING TESTS AT NONFATAL ACCIDENTS Each covered employee operating a vehicle at the time of the accident shall be tested, unless the employee's performance can be completely discounted as a contributing factor of the accident. A non-fatal accident is an accident where no death has occurred. Any other covered employee whose performance could have contributed to the accident shall be tested, unless, the employee's performance can be completely discounted as a contributing factor to the accident. An employee is required to remain readily available for testing. Unless transported for medical assistance and/or by Public Safety Personnel, the employee should remain at the scene, or remain at a location as directed by management. Failure to remain readily available shall be deemed as refusing to submit to testing. This requirement shall not be construed as requiring delay of necessary medical attention for the injured following an accident or to prohibit a covered employee from leaving the scene of an accident for the period necessary to obtain '414 assistance in responding to the accident or to obtain necessary emergency medical care. 17 If a required alcohol test is not administered within two (2)hours following the accident, the supervisor shall prepare a record stating the reasons the test was not promptly administered. 11110, 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 prepare a record stating the reasons the test was not promptly administered. 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 prepare a record stating the reasons the test was not promptly administered. Any drug or alcohol test conducted by Federal, State or local officials having independent authority for the test, shall be considered to meet the requirements for post accident testing, providing such tests conform to the applicable Federal, State, or local testing requirements and test results are provided to the Town. If the above criteria are met, a supervisor must escort the employee to a Town designated facility for testing as soon as possible after the accident. Guidelines for testing timelines must be strictly adhered to. A split specimen shall be collected. The Town shall pay for the cost of the test. The employee shall not be allowed to perform any further safety-sensitive functions pending notification of test results. Collection shall be unobserved, unless an observed specimen collection is determined to be appropriate by the testing facility. 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 shall be responsible for providing the Human Resources Director with the following information: Type of test—Post Accident Triggering Event—including date, time, location Employee category Reason why, if testing was not done on a covered employee. Name, address and telephone number of testing site where employee was taken for testing. A refusal to test shall be considered a positive test result and the employee is subject to disciplinary action up to and includingtermination of employment.. Anytime a safety sensitive employee has a positive drug or alcohol (0.02 or greater) test that employee shall be immediately removed from any safety sensitive duties and referred to an SAP, regardless of the disciplinary actions taken by the company. This also holds true for any safety sensitive employee who's conduct is considered a"refusal to test". - - - - 18 RETURN TO DUTY TESTING Before a driver who has engaged in any conduct prohibited by this Policy shall be allowed to return to duty to perform any safety-sensitive function, he/she shall be required to undergo return-to-duty alcohol and/or controlled substance tests. Those results must indicate an alcohol concentration of less than 0.02 and a verified negative for controlled substances use, respectively. The SAP must determine that the employee followed the recommendations of the SAP, including participation in any qualified rehabilitation or educational program and the employee must have a verified negative return to duty drug and/or alcohol test, when the SAP determines it is appropriate prior to returning to any safety sensitive duties. FOLLOW UP TESTING Once an employee has passed his/her return to duty test, the employee becomes subject to unannounced follow-up testing. The testing must be a minimum of 6 unannounced drug and/or alcohol tests during the first 12 months upon returning to work. An employee shall be subject to follow-up testing for up to 60 months. The SAP determines the frequency and duration of the follow-up testing. Any employee who has had a positive drug test result or alcohol positive of 0.04 or greater and is being returned to any safety sensitive duty must undergo follow-up testing. The SAP determines the frequency and the duration. Follow-up testing shall be done in addition to the random testing required of all safety sensitive employees. BLIND PERFORMANCE TESTING Blind Sample Specimen Testing is not required. COLLECTION PROCESS The collection of drug and/or alcohol specimens shall be consistent with FTA Regulations, CFR 655, arid-49 SFR Part 40, as amended. Testing for drugs shall be conducted by use of urinalysis. 19 Testing for alcohol shall utilize Evidential Breath Testing. (See Type of Testing Section for requirement to escort or send employee to collection site and whether single or split specimen collection is required.). The integrity and validity of the testing process shall be maintained. The collection sites meet the requirements of 49 CFR Part 40. Collection site staff are trained to prepare the collection site, collect specimens, examine specimens for tampering or adulteration, observe collections, split the specimens, and properly label and preserve the chain of custody of specimens. The integrity of the process is insured through, picture identification of the employee, Federal Drug Custody and Control Form with unique specimen identification number completed by a trained collection site person who insures that the Custody and Control Form is completed correctly, signed and certified by the donor, and that the collection of Split Sample specimens are sealed and initialed by the donor. For further details please refer to FTA 49CFR part 40. Employees may voluntarily list substances taken in the last 30 days which they believe might be detected in the testing process. However, the employee is prohibited from putting medical information on the Chain-of-Custody Form. The information may only be written on the employee's copy of the custody and control form and this information is for the employee only. The Chain-of-Custody portion of the form shall be filled out after the employee's specimen is given to the collection site attendant ALCOHOL SAMPLE An Evidential Breath Testing Device shall be utilized by qualified and trained employee of the testing facility. The employee shall be provided a sealed disposable mouthpiece to provide a breath sample. . If the screening is 0.02 percent or greater, the employee is asked to provide a second breath for a confirmation test. If the confirmation test is 0.02 percent or greater, the testing site shall contact the Town of Oro Valley Human Resources Director and/or his/her designee, to inform him/her that the employee has a verified positive test result for alcohol. If the employee is unable to provide sufficient breath because of a long-term, permanent disability, in a return-to-duty or follow-up test situation, the employee shall be referred to a medical physician to evaluate their condition. An alcohol test has to be 0.04 or greater to be considered a positive test under FTA regulations. However, a verified positive alcohol test result of 0.02 percent or higher requires the employee to be removed from performing any safety sensitive functions. The Human Resource Director and/or his/her designee shall contact the employee's supervisor. The supervisor shall make arrangements for the employee to be delivered to their home. The employee shall be placed on administrative leave pending an administrative investigation and disposition of their employment status. DRUG SAMPLE: 20 A The employee shall be provided with instructions explaining the process of specimen collection. The employee shall be provided the appropriate specimen container and escorted back to the collection area by the collection site attendant. The employee shall be required to remove all outer clothing such as jackets, coats, hats, etc. and leave such items as handbags, briefcases, or other such items carried into the building in a locked area. The employee can be asked to remove objects out of their pockets. Once reviewed by the collector, and determined that there is nothing present that can be used to adulterate a specimen, the employee can replace the objects back into their pockets. The employee shall be instructed to rinse his/her hands with water only prior to providing the specimen. If the employee normally voids using self-catheterization (e.g., for medical purposes) the employee shall be required to provide a specimen by catheterization. If the employee declines to do so, the test shall be deemed a refusal to test. Once a specimen has been collected, the specimen shall be examined by the collection site person for indications of tampering. If no problem is noted, the specimen shall be transferred by the collection site attendant to the split specimen containers and sealed in view of the employee. The specimens shall be kept in a locked storage facility and sent to the contracted laboratory in a container that adequately protects the specimens during shipping. Any alternative testing implemented into Policy (i.e., testing on saliva), shall be incorporated upon establishment of requirements and procedures by the Department of Health and Human Services (DHHS). Unobserved Collection: All specimens, unless otherwise specified, shall be collected using the unobserved method. The employee shall be escorted to a specially prepared room and permitted to provide the specimen in private. If the collection site attendant develops any information that the test has been compromised, the attendant can mandate that an "observed collection" method be utilized. The Town of Oro Valley Human Resources Director, and/or his/her designee shall also be contacted. The Town of Oro Valley Human Resources Director, and/or his/her designee can mandate an observed collection method be utilized only when the circumstances meet FTA 49CFR part 40 and then both specimens shall be sent to the laboratory for testing. If a laboratory reports a test that is both negative and diluted, the employee shall be contacted and mandated to provide an immediate unobserved recollection. Observed Collection: The following circumstances are exclusive grounds constituting a reason to believe that the employee may alter or substitute the specimen and, therefore, provide the determination to observe the collection. • The employee's urine sample is outside the normal temperature range (32 - 38 degrees C/90 - 100 degrees F). 21 • The collection site attendant observes conduct clearly indicating an attempt to substitute or adulterate the sample (e.g., substitute urine in plain view, blue dye in specimen 4111w presented, etc.) • The previous collection was verified positive, adulterated or substituted, but the test had to be cancelled because the split specimen was unavailable for testing. • The employee has previously been determined to have used a controlled substance without medical authorization and the particular test was being conducted under a FTA agency regulation providing for follow-up testing upon or after return to service. • The previous specimen was deemed invalid and there was no medical explanation provided. An observed collection shall be administered by a same sex attendant. If a same sex attendant is not available, the collection site shall contact the Town of Oro Valley Human Resources Director, and/or his/her designee. The Human Resources Director, and/or his/her designee, shall contact the Transit Division and/or obtain a same sex person to observe the collection. If the first sample is out of temperature range and a second specimen is collected under direct observation, both specimens shall be sent to the laboratory and tested. If the first sample is out of temperature range and the employee refuses to provide a second specimen under direct observation, the first specimen shall be discarded and shall be considered Sow a refusal to test. Insufficient Urine Specimen and/or Shy Bladder: If the employee is unable to provide a minimum of 45 milliliters (approximately 1.5 oz.) of urine for sample, the specimen shall be discarded and the collection site attendant shall instruct the employee to drink not more than 40 ounces of fluid distributed reasonably for a period up to three (3) hours. A refusal by the employee to drink fluids shall not be considered a refusal to test. The collection site staff shall contact the Human Resources Director, and/or his/her designee, to inform them that the employee shall be detained. The employee shall again attempt to provide a sufficient urine specimen using a fresh collection container during or at the end of the three-hour period of time. If a sufficient urine specimen cannot be obtained after three (3) hours, the insufficient specimen shall be discarded and the urine collection process discontinued. The collection site attendant shall direct the employee to be evaluated by a physician at the testing facility to determine if in his/her reasonable judgment, that a medical condition has, or could have, precluded the employee from providing an adequate amount of urine. If the physician in his/her reasonable judgment is unable to make the determination, the employee's failure to provide an adequate amount of urine shall be regarded as a refusal to take a test and therefore, considered a refusal to test and treated as a positive result. 22 i Once a specimen is given, the employee shall remain in possession of the specimen until custody of the specimen is transferred to the collection site attendant. The specimen shall be examined by the collection site person for indications of tampering. If no problem is noted, the specimen shall be transferred by the collection site attendant to the split sample specimen containers and sealed in view of the employee. LABORATORY ANALYSIS The contracted DHHS certified lab meets FTA requirements and qualifications and are consistent with 49 CFR Part 40. The labs shall also comply with DHHS guidelines concerning accessioning and processing specimens. All urine specimens shall be analyzed for the following controlled substances (Drug Testing Panel): • Marijuana • Cocaine • Amphetamines • Opiates (including heroin) • Phencyclidine (PCP) In addition to testing specimens for drugs of abuse, laboratories shall test specimens to determine if adulteration, dilution, or substitution has occurred (validity testing). Laboratories shall conduct tests for specific gravity, creatinine concentration, nitrite concentration, and a host of other -� determinants of adulteration, substitution, and/or dilution. INITIAL AND CONFIRMATORY TESTS DRUG TESTS- A Town contracted drug-testing laboratory that is certified by DHHS shall perform the initial and confirmatory drug tests. The laboratory contracted, and the personnel employed by the laboratory, shall comply with all regulations pertaining to laboratory analysis procedures as outlined in the DOT Drug and Alcohol Testing Procedures (49 CFR, Part 40). The initial screen of urine specimen shall be done with an immunoassay and confirmatory cut-off levels (thresholds) for the initial screen and the confirmatory test are in accordance with FTA Regulations. (See 49 CFR, Part 40). The laboratory shall conduct a specimen validity test on the primary specimen to determine if it is consistent with 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. If it is positive for one or more of the drugs, a confirmation test is performed for each identified drug using state-of-the-art gas chromatography/mass spectrometry (GC/MS) analysis. GC/MS confirmation ensures that over-the-counter medications or preparations are not reported as positive results. -31/ 23 The primary specimen shall be considered to be adulterated if a substance that is not expected to be present in human urine is identified in the specimen, and/or a substance that is expected to be Stove present in human urine is identified as a concentration so high that it is not consistent with human urine, and/or the physical characteristics of the specimen are outside the normal expected range for human urine. The laboratory shall apply the criteria in current DHHS requirements, or specimen validity guidance in accordance with 49 CFR, Part 40. ALCOHOL TESTS Alcohol screening shall use Evidential Breath Testing (EBT) devices approved by the National Highway Traffic Safety Administration (NHTSA). Two breath tests are required to determine if a person has a prohibited alcohol concentration. A result of less than 0.02 percent alcohol concentration is considered a "negative" test. If the alcohol concentration is 0.02 percent or greater, a second or confirmation test must be conducted. LABORATORY REPORTING PROCEDURES DRUGS Samples that are screened "None Detected" contain either no drugs, or drugs below the cutoff detection level for that drug. Following positive, adulterated, substituted, or invalid test results from the initial immunoassay test and a positive/supportive screen from the GC/MS test, samples are place in a locked forensic %or freezer at the testing laboratory and maintained for one year. Within the one year period, the MRO, employee, the Town, or a DOT agency may request in writing that the laboratory retain the specimen for an additional period of time, (e.g., for the purpose of preserving evidence for litigation or a safety investigation). If an extension is not requested, the laboratory may discard the specimen at the end of the year period. If the split is not tested, than the split is retained for the same period of time as the primary specimen and under the same storage conditions. If the split is tested, the laboratory testing the split shall meet the same requirements for storage. All records supporting test results shall be kept by the lab for two (2) years unless an extension is requested. If there is no extension, the lab shall discard the records after the two year period has elapsed. ALCOHOL The employee and the individual conducting the breath test (a certified Breath Alcohol Technician or BAT) shall complete the alcohol testing form to ensure proper recording of the results. The confirmation test, if required, must be conducted using an EBT that prints out the results, date, time, a sequential test number, and the name and serial number of the EBT to ensure the reliability of the results. The EBT must be capable of producing 3 copies of the test result. Test results of less than 0.02 percent shall be reported as negative. 24 REPORTING OF TEST RESULTS Test results for alcohol are immediately known at the time of testing. The Human Resource Director, and/or his/her designee, shall be immediately contacted by the contracted testing facility as soon as a confirmed positive alcohol test result has occurred. A copy of the alcohol test results, both initial and if necessary, confirmatory, shall be given to the employee at the conclusion of the test. The Town utilizes the services of contracted, DHHS certified laboratories to provide urine analysis services. A urine specimen of a covered employee shall be sent from the contracted testing facility to the contracted DHHS certified laboratory for analysis. A confirmatory GC/MS test shall be conducted on all initial positive test specimens. The laboratory shall report all drug test results to the Town's contracted MRO within the same day or business day after review by the certifying scientist is complete. Electronic transfer is acceptable. The laboratory shall report as negative, all drug specimens (referred to as samples) which are negative on the initial test or negative on the confirmatory test. Only samples confirmed positive after the GC/MS test shall be reported positive for a specific drug. Positive drug test results shall be reviewed by the Town's-contracted MRO. After investigating the positive test (See MRO), the MRO shall inform the employee of the 72-hour split specimen testing opportunity, if applicable. The employee shall not be allowed to request a reanalysis of the primary specimen. Any retest shall be at the employee's expense. The MRO shall notify the Town of Oro Valley Human Resource Director, and/or his/her designee, of the test Results. The Human Resources Director, and/or his/her designee, shall then contact the supervisor/manager to initiate the process of contacting the employee and removing them from their safety-sensitive position. The administrative process followed by the Town shall not be held in abeyance or slowed while waiting for the results of the split specimen, if applicable. Alcohol test results shall be forwarded to the Human Resources Director, and/or his/her designee, along with any drug test results. An applicable split specimen test, if requested by the employee, shall be sent to a different contracted DHHS laboratory for analysis. The MRO shall be contacted by the laboratory with the results of the split specimen test. If for any reason a split specimen is not available for testing, a re-collection shall be conducted under direct observation following a verified positive, adulterated, or substituted test. The original test shall be cancelled. If a specimen is reported as negative and diluted, it shall be cancelled and the covered employee shall be subject to unobserved re-collection. If a specimen is reported as positive and diluted, it shall be considered a verified positive test. If a test is reported as rejected, no recollection shall be required, unless it is a pre-employment or a return to duty drug test. A contracted laboratories are required to maintain emp ogee test recordsin—confidence. 25 A Laboratories shall disclose information to the: • Covered employee of a positive, adulterated, substituted test result. • Human Resources Director, and/or his/her designee. • Decision-maker in a lawsuit, grievance, or other proceeding initiated on behalf of the employee. MEDICAL REVIEW OFFICER (MRO) The Town has obtained the contracted services of a MRO. The MRO is a licensed physician (or DO with knowledge of drug abuse disorders) responsible for reviewing all drug testing laboratory results. The MRO complies with all FTA medical requirements and qualifications, and all processes are consistent with 49 CFR, Part 40. The Town of Oro Valley contracted Medical Review Officer (MRO) shall review all positive, adulterated, invalid, or substituted drug testing laboratory results. The MRO shall review a minimum of 5% of the negative test results each quarter to ensure its accuracy. It is the role of the MRO to protect the integrity of the testing process in reviewing, interpreting and verifying test results. The MRO may request the laboratory to analyze the original specimen again to verify the accuracy of the reported test result. The results of all positive or suspicious drug tests are specifically reviewed to ensure accuracy, completeness and confidentiality. When the laboratory reports a positive or suspicious test result, the MRO shall conduct an investigation that includes: • Contacting the employee directly, on a confidential basis, to determine whether the employee wishes to discuss the test result. The employee has the opportunity to present a medical explanation for the result, including legally prescribed medication. The employee must demonstrate a link between the alleged reason and the ability to physiologically produce the lab result obtained. As regulated by the DOT, the MRO shall not accept medical explanations for drugs that have been determined not to have a legitimate medical explanation. • Obtaining statements from the employee concerning any legal drug usage that could have resulted in a positive test result. If the MRO is unsuccessful in contacting the employee, after making three (3) reasonable attempts during a 24-hour period and documenting the attempts, the MRO shall contact the Human Resource Director, and/or his/her designee, and ask for assistance in contacting the employee. Unless phone number(s) are "bad", the MRO does not need not wait 24-hours to contact the Human Resource Director, and/or his/her designee. The Human Resources Director, and/or his/her designee, shall notify the employee's supervisor who shall confidentially ensure the employee immediately contacts the MRO. If the employee does not contact the MRO, within 48 hours, the MRO shall contact the Human Resources Director, and/or his/her designee, and report a Laboratory Positive. 26 • a If the MRO determines that the positive test is the result of a medical condition, the MRO shall report the test result as a negative test result to the Human Resources Director, and/or his/her designee. If use of a substance, even though not a violation of DOT agency drug and alcohol rules, creates any safety or fitness-for-duty problems, the MRO has a mandate to report this information to the Human Resources Director, and/or his/her designee. If the MRO determined that the positive test is not the result of a medical condition and is the result of substance use, the MRO shall inform the employee that the Town shall be notified that the test result is positive. The MRO shall also inform that employee, if applicable, that he/she has 72 hours to request of the MRO that his/her split specimen be tested. After informing that employee of this right, the MRO shall report the positive test result to the Human Resources Director, and/or his/her designee. The Human Resources Director, and/or his/her designee, shall not receive the quantitative results from the MRO. If the employee requests the split specimen to be tested, the MRO shall direct the laboratory to ship the specimen to another DHHS certified laboratory for analysis. The employee must be removed from their safety-sensitive duties as soon as the Human Resources Director, and/or his/her designee is notified of a positive, adulterated, or substituted test result by the MRO. This action still applies if the employee requests their split specimen be tested. The Town of Oro Valley's contracted HR O shall forward all verified test results to the Human Resources Director, and/or his/her designee, within two (2) business days of receipt from the laboratory. All verified positive test results shall be forwarded as soon as possible after contacting the employee. SPLIT SPECIMEN TESTING The Town of Oro Valley uses the split specimen sample method of collection for drug testing. Upon confirmation of a positive test, the MRO shall notify the employee that they have 72 hours in which to request a test of the split specimen. The Town shall pay for the split to be tested. If the employee requests an analysis of the split specimen within 72 hours of having been informed of a verified positive test, the MRO shall direct, in writing, the laboratory to provide the split specimen to another DHHS certified laboratory for analysis. The Town shall not stop any administrative processes pending the results of the split specimen. For example, if this positive test result was the employee's first positive drug and/or alcohol test result(s), the Town would proceed with processing any applicable disciplinary action required. 27 If the analysis of the split specimen fails to reconfirm the presence of the drug(s) and/or drug metabolite(s), found in the primary specimen, inadequate for testing or untestable, the MRO shall cancel the test and report cancellation and the reasons for it to the FTA, the Human Resources Director, and/or his/her designee, and the employee. If the analysis of the split specimen is reconfirmed by the second laboratory for the presence of the drug(s) and/or drug metabolite(s), the MRO shall notify the Human Resources Director, and/or his/her designee, and the employee of the results of the test. SUBSTANCE ABUSE PROFESSIONAL (SAP) For purposes of this Policy, a Substance Abuse Professional (SAP) is defined as a licensed physician [Doctor of Medicine (M.D.) or Doctor of Osteopathy (D.O.)], or a licensed or certified psychologist, social worker, employee assistance professional, or addiction counselor (certified by NAADAC - National Association of Alcoholism and Drug Abuse Counselors Certification Commission or International Certification Reciprocity Consortium /Alcohol and Other Drug Abuse (ICRC)) who has knowledge of, and clinical experience, in the diagnosis and treatment of drug and alcohol-related disorders. The SAP's role is to evaluate the employee's needs for assistance in resolving problems related to alcohol or drug abuse, determine if the employee has complied with any recommended treatment or rehabilitation, and to determine a program of follow-up testing as appropriate. The SAP shall follow the procedures as set forth in 49 CFR, Part 40. Any employee who engages in conduct prohibited by this Policy shall be provided with rw.. information about the resources available for evaluating and resolving problems associated with the misuse of alcohol or prohibited drug use, including the names, addresses, and telephone numbers of substance abuse professionals, counseling and treatment programs. TEST RESULTS AND RECORDS Records pertaining to alcohol misuse and controlled substances use prevention programs shall be maintained in a secure location with controlled access by the Human Resources Director, and/or his/her designee. Except as required by law, expressly authorized, or required in FTA Regulations (FTA 49 CFR Part 655, & Part 40), covered employee's testing records and results shall be released only to those authorized by the FTA rules to receive such information. Authorized release includes: • The employee, if they request the test results and records in writing. Upon written request, employees may request any records pertaining to the covered employee's use of alcohol and/or controlled substances, including any records pertaining to his or her alcohol or controlled substances 28 • &- A tests. The written request shall be submitted to the Human Resources Director, or designee. • FTA, DOT, or NTSB when investigating an accident. • Decision-maker in a lawsuit, grievance, or other proceeding initiated on behalf of the employee. The request is processed through the Town of Oro Valley Attorne's Office. • Subsequent employers, if requested in writing by the employer. • Other identified means, if requested in writing by the employee. TRAINING The Town shall provide employees subject to this Policy with education materials explaining the requirements of the FTA drug and alcohol regulations and the Town policies and procedures for meeting them. In addition, employees shall be provided with information regarding the effects of drug use and alcohol misuse on an individual's health, work, and personal life; signs and symptoms of an alcohol and/oror drug problem (the employee's or a co-worker's); and available methods of intervening when an alcohol and/or drug problem (the employee's or a co-worker's) is suspected, including confrontation, referral to an employee assistance program and/or referral to management. This information shall include the following: • Display and distribution of informational material. • Display and distribution of a community service hotline telephone number for employee • assistance. • Contact information for the Town Employee Assistance Program (EAP). Covered employees shall receive at least 60 minutes of training on the effects and consequences of prohibited drug use on personal health, safety, and the work environment, and the signs and symptoms which may indicate prohibited drug use prior to performing any safety sensitive duties. Copies of the above materials and this Policy shall be distributed to each covered employee prior to the start of alcohol and drug testing required herein and to each employee subsequently hired or transferred into a position requiring the performance of any safety-sensitive function covered by this Policy. Each employee who receives a copy of these materials shall be required to sign a statement certifying that he or she has received a copy of the same. The Town of shall retain the original of the signed certificate and shall provide a copy to the employee, if requested. Appendix H. The Town of Oro Valley shall also provide written notice to representatives of employee organizations as to the availability of this information, if applicable. Any questions about the requirements of this Policy should be directed to the program contact individual listed in Appendix E. SUPERVISOR TRAINING: 29 Any individual designated to determine whether reasonable suspicion exists to require a covered employee to undergo a drug or alcohol test under this Policy shall be required to receive at least 60 minutes of training on alcohol misuse and 60 minutes of training on drug use. This training shall cover the physical, behavioral, speech, and performance indicators of probable alcohol misuse and prohibited drug use. DRUG-FREE WORKPLACE PROGRAMS ADMINISTRATION All Town alcohol misuse and controlled substances use programs records shall be maintained in a secure location with controlled access by the Human Resources Director, and/or his/her designee, and separate from personnel files, in accordance with FTA 49 CFR 655.71 & 655.73. The Alcohol & Drug Testing Administrator, and/or his/her designee, shall prepare and maintain an annual calendar summary of the results of its alcohol and drug testing programs. The annual summary shall be completed in accordance with DOT Regulations (FTA 49 CFR Part 65 5.71, and Part 655.72) by March 15th of each year, covering the previous calendar year and shall be submitted to the City of Tucson. The Town shall submit to the City of Tucson Transit Division each record of post-accident alcohol test that is not completed within eight hours by March 15th of each year. AUTHORIZATION FOR THE RELEASE OF INFORMATION Prior Employer: Driver: Address: Date of Birth: Soc. Sec.No.: In accordance with 49 CFR Part 40,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. 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, 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 o hereof ereo . 30 I k 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: APPENDIX A NOTIFICATION OF TESTING Employee: Date: The Town of Oro Valley is committed to the goal of obtaining a drug and alcohol-free transit service. Consistent with this goal and in accordance with Federal Highway Administration Regulations, YOU ARE BEING REQUESTED TO SUBMIT TO TESTING AS FOLLOWS: Type of Test: Alcohol Drug Testing Circumstance: Pre-employment Reasonable Suspicion Post-accident Return-to-duty Random Follow-up THIS TESTING IS REQUIRED BY FEDERAL TRANSIT ADMINISTRATION REGULATION [49 CFR PART 655]. A VERIFIED POSITIVE RESULT AND/OR THE 31 FAILURE AND/OR REFUSAL TO SUBMIT TO TESTING SHALL DISQUALIFY YOU am,. FROM THE PERFORMANCE OF ANY SAFETY-SENSITIVE FUNCTION FOR THE TOWN AND MAY SUBJECT YOU TO SUCH OTHER ACTION AS OUTLINED BY THE POLICY. Date: Employee Date: Charles A. Kidwell Drug and Alcohol Program Manager Appendix B /444Mr 32 t • POST-ACCIDENT TESTING INSTRUCTIONS Any driver involved in an accident while operating a commercial motor vehicle on a public road shall be required to submit to tests for alcohol and controlled substances as soon as practicable following the incident, if: 1.The driver was performing any safety-sensitive function with respect to the vehicle and the accident involved the loss of human life;or a. Bodily injury to a person who,as a result of the injury, immediately receives medical treatment away From the scene of the accident;or b. One or more motor vehicles incur disabling damages as a result of the accident,requiring the vehicle to be transported away from the scene by a tow truck or other vehicle. Unless otherwise specified by the Town,post-accident drug and alcohol tests shall be required for occurrences involving only boarding or alighting from a stationary motor vehicle or the loading or unloading of cargo. Unless the covered employee can be completely eliminated as a contributing factor to the incident then there is no need to test. Tests shall also not be required for accidents involving the operations of passenger vehicles, unless,the vehicle is transporting passenger for hire or hazardous materials of a type and quantity required to be marked or placarded in accordance with 49 CFR 177.823. In order to ensure that the above requirements are met, in the event of any accident,all drivers are required to take the following actions: These procedures do not require a driver to delay any necessary medical attention for injured people ,401101 following an accident or to remain at the scene of an accident when his/her absence is necessary to obtain assistance in responding to the accident or to obtain necessary emergency medical care. DRIVERS ARE STRICTLY PROHIBITED FROM USING ALCOHOL FOR EIGHT HOURS FOLLOWING AN ACCIDENT, OR UNTIL THE POST-ACCIDENT TESTING REQUIREMENTS ARE CARRIED OUT,WHICHEVER OCCURS FIRST. FAILURE OR REFUSAL TO FOLLOW THESE INSTRUCTIONS, INCLUDING THE USE OF ALCOHOL PRIOR TO THE REQUIRED POST-ACCIDENT ALCOHOL TEST, SHALL BE CONSIDERED A REFUSAL TO SUBMIT TO A TEST AND RESULT IN DISCIPLINE UP TO AND INCLUDING TERMINATION OF EMPLOYMETNT. 1 "Disabling damage"means damage which precludes departure of a motor vehicle from the scene of the accident in its usual manner in daylight after simple repairs, including damage to motor vehicles that could have been driven, but would have been further damaged if so driven. "Disabling damage"does not include: 1. Damage which can be remedied temporarily at the scene of the accident without special tools or parts 2. Tire disablement without other damage even if no spare tire is available. 3. Headlight or taillight damage. No110/ 4.Damage to turn signals, horn,-or windshield wipers which make them inoperative. - 33 APPENDIX C 4100r SUPERVISOR'S REPORT OF REASONABLE SUSPICION Employee: Date: Location: Time: OBSERVATIONS Breath(Odor of Alcoholic Beverage): ()Strong ()Faint ()Moderate ()None Eyes ()Bloodshot ()Glassy ()Normal ()Watery ()Clear ()Heavy Eyelids()Fixed Pupils ()Dilated Pupils()Normal Speech ()Confused ()Stuttered ()Thick-Tongued()Accent ()Mumbled 0)Fair ()Slurred ()Mush Mouthed()Good ()Not Understandable Attitude ()Excited ()Combative ()Hilarious ()Indifferent ()Talkative ()Insulting ()Care-Free ()Cocky () Sleepy ()Cooperative ()Profane ()Polite ()Other Unusual ()Hiccoughing ()Belching ()Vomiting ()Fighting ()Crying Action ()Laughing ()Other Balance ()Needs Support()Falling ()Wobbling ()Swaying ()Other 1111110, Walking ()Falling ()Staggering ()Stumbling ()Swaying ()Other Turning ()Falling ()Staggering ()Stumbling ()Swaying ()Hesitant ()Other Indicate any other unusual actions, statements or observations: Signs of complaints of illness or injury: Safety-sensitive function: ()Yes ()No. Describe: SUPERVISOR'S OPINION Apparent effects of alcohol/drug use: ()None () Slight 0)Obvious 0)Extreme Additional Comments: Supervisor: Witnesses: Signature: (optional) Date: Time: APPENDIX D 34 • , , 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: Chuck Kidwell Title: Transit Services Administrator Address: 11,000 N. La Canada Drive Oro Valley, AZ 85737 Phone: (520) 229-4980 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 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: APPENDIX E 35 APPROVED SPECIMEN COLLECTION SITES The facilities listed below are all authorized to conduct urine specimen collection in accordance with 49 CFR Part 40 for the purpose of any controlled substance test required by the Town: Name: Concentra—Tucson, AZ Name: Address: 2005 W. Ruthrauff, Suite 111 Address: Tucson, AZ 85705 Phone: (520) 293-7250 Phone: Contact: Monique Arndt Contact: Name: Name: Address: Address: Phone: Phone: Contact: Contact: Name: Name: Address: Address: Phone: Phone: Contact: Contact: Name: Name: Address: Address: Phone: Phone: Contact: Contact: Name: Name: Address: Address: Phone: Phone: Contact: Contact: Name: Name: Address: Address: Phone: Phone: Contact: Contact: Name: Name: Address: Address: Phone: Phone: APPENDIX F 36 s . • -.4010 DEPARTMENT OF TRANSPORTATION URINE SPECIMEN COLLECTION PROCEDURES For a detailed review of the collection policies please refer to 49 CFR Part 40. APPENDIX G 37 Lif CERTIFICATION OF COMPLETION OF DRUG AND ALCOHOL AWARENESS PROGRAM I , hereby certify that I have completed the (Employee) Town's Drug and Alcohol Awareness Program and that I am familiar with all of the information discussed during the program. I further acknowledge that I have been provided with copies of the Town's Drug and Alcohol Abuse Policy and a list of resources available for dealing with problems concerning drug and alcohol abuse. Date: Employee: Date: Witness: APPENDIX H 38 Appendix I has been removed. APPENDIX I .44) 39 VERIFICATION OF PARTICIPATION IN A BONA FIDE ALCOHOL/CONTROLLED SUBSTANCE TESTING PROGRAM Name of Program: Driver: Address: Date of Birth: License No. 1. The driver listed above participated artici ated in and/or is participating in our alcohol/controlled substance testing program: Yes No Dates of Participation: 2. Thero ram conforms to the requirements of 49 CFR Part 40: Yes No. p g 3. The driver is qualified to operate a commercial motor vehicle in accordance with the Federal Motor Carrier Safety Regulations, 49 CFR Part 382: Yes No. The driver has consented to be tested for controlled substances: Yes No. 4. Date driver last tested for controlled substances: 5. Controlled substance test results (within last six months): Positive Negative 6. Other violations of 49 CFR Part 382: Yes No. If yes, please describe: I hereby certify that all of the above information is true and accurate. Date: Signature: Phone: Title: Note: The Town shall require verification of the above information at least once every six months. 0 APPENDIX J (lior 40 PO • TOWN OF ORO VALLEY RANDOM DRUG 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 sentive 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 drug tested by the Town of Oro Valley. I also acknowledge that I have been given a copy of the Town of Oro Valley Drug-Free Workplace FTA Drug/Alcohol Policy. Employee Signature Date APPENDIX K 41 [---,____.t TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: February 21, 2007 ,'O; HONORABLE MAYOR & COUNCIL FROM: Robert Jacklitch Project Manager, Oro Valley Water Utility (OVWU) SUBJECT: Resolution No. (R) 07- 1 A Resolution of the Mayor and Council of the Town of Oro Valley, County, Ile Pima Arizona Authorizing and Approving a Construction Contract with Tricon Contracting, Inc for Oro Valley Drive 8-Inch C-Zone Water Main Extension. Low bid contract $325,558.00, Project Plan No. OV21-03-06. • of Mayor and Council through the Capital Outlay Section of the FY 06- 07SUMMARY. Per the direction y g the Oro ValleyWater Utility, plans and specifications were provided for Enterprise Fund Budget of Y the acceptance of public bids on the following project: Project No. OV21-03-06 Oro Valley Water Utility— Oro Valley Drive 8-Inch C —Zone Water Main Extension This contract is to install 3,100 linear feet of 8-inch water main within the existing right-of-way on Oro Valley Drive. There will be new private rivate service lines and water meters will also be relocated from the rear of the parcel to street side front and connect to the new main. The new main will be installed under existing pavement. Included in the contract are the following: installation of a 6-inch main on Drive cul-de-sac and private service lines on Linda Vista west of Calle El Milagro. Valle Del Oro ire hydrants will be installed for the first time on Oro Valley Drive. Currently, area residents are served by 2-inch water lines located behind their homes — adjacent to the golf course. The 2-inch water lines are undersized and cannot deliver adequate fire flow. In addition, the water lines will be abandoned as part of this contract. The Utility will meet with residents to evaluate the new water service line to their homes and provide plans for their approval. The Public Works Departmentwill resurface Oro Valley Drive and the Valle Del Oro cul-de-sac contract after the water project is complete. The Utility will continue to work closely under a separate with PW staff on construction issues for both the water and street resurfacing, following the same method as the Golf View Drive Project. A homeowners meeting is scheduled February22nd to discuss the project's private services line, water service renewals, fire hydrant locations, pavement replacement, construction expectations, schedules, water outages and warranty issues. The project will be constructed in accordance with Oro Valley Water Utility and Tucson Water standards, American Water Works Association and Pima County Department of Environmental Quality Standards. The following two bids where submitted January 19, 2007. 1. Tricon Contracting, Inc. $325,558.00 2. NAC Construction $501,394.00 The engineer's estimate is $370,000.00 provided at bid opening. The Oro Valley Water Utility FY 06- 07 approved budget is $500,000.00. ATTACHMENTS: Attachment A Attachment B Attachment C Resolution No. (R) 07- 21 Bid Opening Location Map EXHIBIT: Exhibit 1: Contract FISCAL IMPACT: The lowest bidder is Tricon Contracting, Inc. with a bid of $325,558.00. The engineer's construction cost estimate is $370,000.00. Funds are available this FY 06-07 Enterprise Fund Budget using senior lien water project revenue bonds, series 2003. The work is included in the 06-07 capital budget and designated as OV#1 Phase 4- Oro Valley Drive Main Replacement. RECOMMENDATIONS: A We recommend award of Contract No. OV21-03-06 to Tricon Contracting, Inc. with the lowest bid in the amount of$325,558.00. B Direct the Water Utility Director to prepare a Notice of Award to Tricon Contracting, Inc. and transmit Notice along with the Contract Agreement and Bond forms for execution. C Direct the Water Utility Director to issue the Notice to Proceed in accordance with the requirements of the Contract Agreement upon receipt of the Contract Agreement. D Authorize the Water Utility Director to execute Contract Change Orders and or /Supplemental Agreements incidental to the prosecution of Work. E Direct the Town Clerk to hold the bid bonds from all bidders until such time that a Contract Agreement has been executed. SUGGESTED MOTION: The Mayor and Council may wish to consider one of the following motions: I move to approve Resolution (R) 07 - 21 A Resolution of the Mayor and Council of the Town of Oro Valley, Pima County, Arizona Authorizing and Approving a Construction Contract with Tricon Contracting, Inc. for Oro Valley Drive 8-Inch C-Zone Main Extension. Or I move to 't , • API Pro. ct w ager ! t r U ility Director Town Manager A # • Attachment A 1PLLEYA O _,„),O ill aq 4\ iiii 7 ,-:-VAVIk -' -.If ,W VNDEO� Resolution RESOLUTION NO. (R) 07- 21 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA AUTHORIZING AND APPROVING A CONSTRUCTION CONTRACT WITH TRICON CONTRACTING, INC, FOR ORO VALLEY DRIVE 8-INCH C-ZONE WATER MAIN EXTENSION. WHEREAS, the TOWN OF ORO VALLEY is a municipal corporation within the State of Arizona, and pursuant to the laws of the State of Arizona, the Town Council is authorized to enter into contracts for Construction Services; and WHEREAS, the Head of the Water Department requested bids for a 8-Inch C-Zone Water Main Extension on Oro Valley Drive; and WHEREAS, the lowest responsive and responsible bidder responding to the Town's Notice Inviting Bids for a 8-Inch C-Zone Water Main extension on Oro Valley Drive is Tricon Contracting, Inc.; and WHEREAS, it has been determined that it is in the best interest of the Town to enter into this Contract, attached hereto as Exhibit No. 1 and by this reference with Tricon Contracting, Inc., and that the Mayor and Council of the Town of Oro Valley authorize and approve the contract. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Oro Valley, Arizona, that the Contract with Tricon Contracting, Inc is hereby approved. BE IT FURTHER RESOLVED that the Mayor and any other administrative officials of the Town of Oro Valley are hereby authorized to take such steps as are necessary to execute and implement the terms of the Contract. h n r act. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona this 21st day of February , 2007 - TOWN OF ORO VALLEY Paul H. Loomis, Mayor ATTEST: APPROVED AS TO FORM: Kathryn Cuvelier, Town Clerk Melinda Garrahan, Town Attorney Date Date • Attachment B k_LEY ,4/ O O 0 Y�• 111111 4/NDED Bid Opening .'e.e) U Z CA CD CD 4 O C 0 0 00 4 H Cl-cs O 4) cnz o - ., ,17,:i mi tii cd C:14 X g:4 CA a) 0 ca13 ai 4.4 4:4 w "'CI 0 ,.,_, WoX r4 E'" o4r— gN 4tt N HH o -8 73me) -e. ° ►-a O o ,., U U W W al 0 - > oo ct E-1 oA, , V c C4 o oQ c Pro V a c c7.. Z co U '4-e ct � � o2 4 o - 0 0 9 00 t U •- E A4 p4 a) .. at 0 b0 00 E—+ 00 al zCI) ad vl zE� .1... W z ° - et cA bo 0 vi g L) ad = ez Ai O E-0 CN E—i 4 00 e W P=.4 �° 4t a) ci) H • Attachment C P�-�"EYAR/ o lo �" � �o ti I ` e • °UNWED Location Map ,_ .. __ _., __. _ . . . ___ ________, ________ ________. ,.., _ _ ifril , c es P OEC �R PUSCH VIEW LANE OBD P\-- --WATER �'MAIN `��N IoM r ijUilpr.41-. ORO VALLEY"Alik DR. ' tilli VIW ‘ 1011 GREENOCK DR. r' °"w jos% ii° 14 JW, ;:li 1 101 ji E41100 N ,1 i-li i ii1111114w WM , 0 10. k3 • �; a VaLLY ��YA7s 1 � ,� 'IkØWtI Q� <.13 MSP �.so 111o — ii 14 01 -- -- 4 is _.....„..., ,...___ ___ .. wnr& If =_ — ,'' fIIf � % '31.1 ii yALLE DEL ORO Allo41. EL . QNQUISTADOR /All M. I � � � WAY 1111 o�P��EY ,azo LEGEND o�' � A EXHIBIT 1 6. w � ORO VALLEY WATER UTILITY rSult•202 � 12343 E.Broadway 55719 (5203 ORO VALLEY DRIVE Iw��,� ��o• PROPOSED WATER MAIN LAYOUT I . • Exhibit No.! ag:,,,,°,:lirX-1-E_,Y.4„:„),,,,:: iOti.7'0, , 4,_ ,'; ,. As:sit.7, A 0 , _ , ,., , am,,._.. ENDED Contract r Z CONTRACT PROJECT NO:-0V21-03-06 NNW THIS YP CONTRACT, made and entered into by and between the Town of Oro Valley,a municipal corporation(the"Town")and Tr-icon Con t rac t i ng, Tnc_ ,(the"Contractor"). z The Town and the Contractor for the consideration named agree as follows: SECTION 1. The complete Contract includes all of the Contract Documents as if set forth in full • herein. The Contract and all Contract Change Orders issued"after the execution of the Contract, Addendum No(s). -0- issued prior to the opening of the bids, the Special Provisions, the Project Tp Plans (Exhibit[s] -0- ), the Standard Plans, the Standard Specifications,p dons, the Waterworks Standards, Reference Specifications, the Bidder's Proposal, the Notice Inviting Bids, the Non- Collusion Affidavit, the Performance Bond, the Payment Bond, the Bidders Bond, and the Surety 1 Bond for the one-year guarantee period, all of which are essential parts of this Contract as defined in Attachment 1. In the event of any conflict in these provisions, the terms of the Contract Documents shall control, each over the other, in the order provided. SECTION 2. The Contractor shall furnish all materials, except as otherwise provided in the } Plans or Specifications, and will perform all the work for the PROJECT NO. 0V21-03-06 ORO VALLEY DRIVE 8-INCH C-ZONE WATER MAIN EXTENSION 1 necessary to complete in a good, workmanlike and substantial manner the work in accordance with the Contract Documents for this Project. The Contract documents are specifically referred to and P made a part hereof this Contract. Three:_Hundr--ed Twenty Five Thousand SECTION 3. The Town will pay the Contractor the amount of J'ivQ •Hundred Fzfty E�ght and 00 Dollar ($325,558.00) for a base contract, subject to change of materials and work orders. The Contractor agrees to receive and accept the prices set forth in the Bid Schedule as full Compensation p for the work required under the bid items awarded by the Town subject to additions and/or reductions of the quantities of the various bid items at the unit prices bid for furnishing all labor and materials and for doing all the work contemplated and embraced under this Contract. The Contractor further agrees that: a. The Town will not pay any claim submitted to the Town by the Contractor outside the Scope of Work of the Contract unless the claim is SUBMITTED IN WRITING to the Town and APPROVED BY THE TOWN IN WRITING BEFORE any such work is started. b. The Town will not pay for any cost increases for labor and materials outside the original prices as set forth in the Bid Schedule unless SUBMITTED IN WRITING to the Town and AGREED TO IN WRITING by the Town IN ADVANCE. c. n_ the event o unforeseen difficulties trunt4� _ f--�. c (�, of the nature T �r l �..�.:1_1��.:,i�,t -� ...i��i j t` Vl t..l �l r�l�� i the e work to be per-tar-flied are en�co��ntered b`: �e C�nt;act the C o tr „ r T are \.. ..`.L+1 1 l`.�...11 1..� _ �-� :: _ ,r,��.1 i � v i Yl� T,�1 �;?-�1-Ai LT N O T MOVE FORWARD with any additional work until that work orh .s APPROVED IN WRITING by the Town's Project Manager for Project OV-21-03-06. Std.3:d Docsrn,-�►s R is d 121106 2 1 t e - • d. The Contractor shall be responsiblerby orn consequence of for all expenses incurred i { the suspension and/or discontinuance of work CAUSED BY Contractor. e. The Contractor shall faithfully complete the work in the manner and in accordance with the Contract Documents and the requirements of the Town's Project Manager under them. f. Any additional charges incurred without WRITTEN CONSENT of the Town shall be considered incidental costs to the Contract with NO COST to the Town. SECTION 4. TIME IS OF THE ESSENCE for this Contract. The Contractor agrees to commence work pursuant to this Contract within 7calendar days after the date of authorization specified in the Notice to Proceed and to diligently prosecute the same, day day, completion to com letion within 90 calendar days after the date provided except as adjusted by subsequent Contract Change Order(s). All additional work, when authorized by executed Change Order(s)shall be compensated for by a fee as mutually agreed upon by the Town and Contractor. The aggregate total of any Change Order(s) shall not exceed 20% of the original Contract unless specifically authorized by the Town Council in writing. When a contractor submits a request for a date extension for which work must be completed in a contract, a written Contract Change Order shall be initiated outlining the reason for applying for the extension and the drop dead date the work will be completed. The Ianguage "TIME IS OF THE ESSENCE" must be written into the Change Order. If the Change Work Order is agreed to and signed by the Town and the Contractor, it binds the Contractor to complete the work by the extended date designated in the Contract Change Order. The Town can then file suit against the Contractor if the work is not completed by the agreed upon date. If there is more than one extension is agreed to, each extension shall follow the same procedure. • SECTION 5. If the work to be performed by Contactor for this Contract is not timely completed,the Contractor shall pay to the Town$430.00 as liquidated damages for each day the work remains incomplete after the scheduled completion date. The scheduled completion date for determining liability for liquidated damages shall be 90 consecutive days from the effective date of Town's Notice to Proceed to the Contractor. For the purpose of determining applicability of liquidated damages, completion time shall be extended only if delay in completion of the work by the Contractor results from an unforeseeable cause beyond the control and without the fault or negligence of the Contractor per Section 6. SECTION 6. Force Majeure: Notwithstanding any other term, condition, or provision hereof to the contrary, in the event any party hereto is precluded from satisfying or fulfilling any duty or obligation imposed upon such party by the terms hereof due to labor strikes, material shortages, war, civil disturbances, weather conditions, natural disasters, acts of God, or other events beyond the control of such party, the time period provided herein for the performance by such party of such duty or obligation shall be extended for a period equal to the delay occasioned by such events and must be agreed to IN WRITING BY BOTH PARTIES. SECTION 7 The Contractor agrees to indemnify, defend, and save harmless the Town, its Mayor and Council, the \Vater Utility Director and/or his designee. appoinLed boards and comm ission: ..r 2 , officials, officers. ..iiil'o L e1-s and the I o•V1.•n \ ^l-..l- .`r; all losses, claims, suits, demands. expenses. savrogationJ li' u,^}i♦ 1.".�'�t...+..!�. a 1` .^�...!..'i=c Lrr,L,�,,.'�'!i_^`+f 1\Y v�TV �1�.\r.�1 v1. al!ornet.-'s Teems or actionskind �i - - of any and \ow nature arising out of the Contractor's negligence or any subcontractor employed by the Contractor Std_Bid Docur=:s R_wised 121106 2 2 (including bodily injury and death) or damages to any propertyor any other losses, claims, suits, demands, and/or expenses,arising or alleged to have arisen out of the work to be performed, except any injury or damages arising out of the sole negligence of the Town, its officers, agents or employees. The amount and type of insurance coverage requirements set forth in Section 8 will in no way be construed as limiting the scope of indemnity in this paragraph. SECTION S. The Contractor agrees to obtain Insurance Coverage of the types and amounts as required in the Pima County/City of Tucson Standard Specifications for Public.Improvements (Standard Specifications) and keep the Insurance Coverage in force until all work has been completed and the completed project has successfully completed its warranty period. The Contractor shall furnish the Town with a Certificate evidencing liability insurance policy or policies with the minimum insurance limits as indicated. All policies will contain an endorsement providing that written notice be given to the Town at least thirty (30) calendar days prior to termination, cancellation,or reduction in coverage in any policy. SECTION 9. The Contractor agrees that any inspection by the Town Representative or by other agents or employees of the Town of the work performed are for the purpose of ensuring the technical competence of the work and adherence to other contractual provisions. Inspections are not for the purpose of safeguarding workers on the job, which is the sole responsibility of the Contractor. The Contractor warrants that he/she is fully familiar with all the safety requirements of the Occupational Safety and Health Act as promulgated by the Federal Government and as implemented by the State of Arizona, and that he/she will be solely responsible for implementing and enforcing the same at all times. SECTION 10. The Contractor agrees to accomplish the work with a minimum of traffic interruption. If it becomes necessary to close any traffic lanes on any street within the Town, permission must first be obtained from the Town Engineer's Office. Permission shall be requested at least 48 hours in advance for residential streets and 72 hours in advance for arterial streets. The Contractor shall furnish and place all detour signs and any other warning signs in accordance with the SPECIAL PROVISIONS. SECTION 11. Should the Town bring any legal or equitable action for the purpose of protecting or enforcing its rights under this Contract, the Town shall recover, in addition to all other relief, its reasonable attorney's fees and court costs to be fixed by the court. SECTION 12. It is agreed that the Water Utility Director or his/her designee is authorized to execute Contract Change Order(s) necessary to the prosecution of the work, all in accordance with the Standard Specifications. SECTION 13. The Contractor agrees that he/she will not proceed with any extra work unless he/she has been authorized in writing to o so by the :Fater Utility Director or his/her id.`sitee prior to the commencement cf any extra 07k r v Std Bid Dements Relived 12110.6 2 3 , SECTION 14. The Parties do for themselves,their heirs, executors, administrators,successors and assigns agree to the full performance of all the provisions herein contained. Contractor may not, -; either voluntarily or by action of law, assign any obligation assumed by the Contractor without prior written consent of the Town. r7 SECTION 15. The Contractor shall cause the Performance Bond to remain in full force and effect 1 ; through the warranty and guarantee period. By my signature hereunder, as Contractor, I agree to keep the Performance Bond or cashier's check in equivalent of the full performance bond in full -t force and effect through said period. The cashier's check shall serve the same purposes and fully •' cover the requirements of a Performance Bond and a Payment Bond. SECTION 16. By my signature hereunder, as Contractor, I certify that I will comply with all provisions of the Town of Oro Valley Project No. OV21-03-06. r' SECTION 17. By my signature hereunder, as Contractor,I agree that even if only one(1)Progress Payment is prosecuted by the Town of Oro Valley for this Project,the Town will retain ten percent (10%) of the Progress Payment amount. The ten percent (10%) retention will be discharged in } accordance with the Standard Specifications. SECTION 18. By my signature hereunder, as Contractor, I agree that I am not an employee of the Town, and that I am performing the duties as an Independent Contractor, -supplying my own employees, and maintaining my own insurance and handling all of my own internal accounting. The Town in no way controls, directs or has any direct responsibility for the actions of the Contractor. By my signature hereunder, as Contractor, I agree that I shall be responsible for the compliance with the United States Immigration Reform and Control Act of 1986, and shall indemnify and hold harmless the Town for any liability arising from failure of the Contractor to comply with this Act. This indemnification includes the costs of suit. By my signature hereunder, as Contractor, I agree that I shall be responsible for compliance with the Americans With Disabilities Act of 1990 and shall indemnify and hold harmless the Town for any liability arising from failure of the Contractor to comply with this act. This indemnification includes the costs of suit. • SECTION 19. By their signatures hereunder, as Contractor and Town, the Parties agree to be bound by all applicable Federal and State regulations governing Equal Opportunity and Non- Discrimination. SECTION 20. Pursuant to the requirements of Arizona Revised Statutes, Title 34, the Town will require both of the following documents to be completed and submitted before the final payment is made and retainage is released. certification from the Prime Contractor all bona fideclaims thatproject ?.1 Li bills from hislner subcontractors and suppliers have been paid, and that all his/her project claims Std-Bid Documents Revised 121106 2 4 1 t against the Town "have -been resolved (CONTRACTOR'S AFFIDAVIT } REGARDING SETTLEMENT OF CLAIMS). z - 2. The consent of surety ' affidavit signed by an authorized representative of the surety (CONSENT OF SURETY TO FINAL PAYMENT AND FULL RELEASE OF CONTRACT RETAINAGE OR SUBSTITUTE SECURITIES). } The Town of Oro Valley reserves the right to obtain from the Contractor"satisfactoryreceipts receipts for all Iabor and material billed and waivers of liens from anyand allpersons ' the work". holding claims against SECTION 21. This is the entire Contract between thearties.If anyportion(s) this of this Contract is (are) later found to be invalid or unenforceable, such portion(s) shall be null without p ( ) and void and wi any effect on the rest of the Contract which shall continue in full force and effect. SECTION 22. This Contract is subject to the provisions of A.R.S. 3 8- which§ S I 1 which provides in pertinent part that the state, its political subdivisions or anydepartment partment o f either may, within three years after its execution, cancel any contract,without penaltyor further . obligation, made by the state, its political subdivisions, or any of the departments or agencies of either g if any person significantly involved in initiating, negotiating, securing, draftingor behalf of the state, political creating the Contract on its political subdivisions or any of the departments or agencies of either is, at any time, while the Contract or any extension of the Contract is in effect, employeean of anyother to or agent party the Contract in any capacity or a Contractor to any otherto the Contract with respect to the subject matterper' p � of the Contract. • II 33iyy� IIiff I! ft ,r: Sid Bid Docum.ts R-vised 121106 2 5 • t t C SECTION 23. THIS CONTRACT SHALL BE VALID UPON EXECUTION BY THE PARTIES. -1 TOWN OF ORO VALLEY,a Municipal Corporation BY: BY: Mayor Water • Utility Director DATE: DAl'E: APPROVED AS TO FORM: BY: Name of Contractor(Company) Melinda Garrahan, Town Attorney BY: DATE: BY: ATTEST: DATE: Kathryn E. Cuvelier, Town Clerk Town of Oro Valley SIGNING INSTRUCTION TO THE CONTRACTOR: ALL SIGNATURES MUST BE NOTARIZED. In the event that the contracting firm is a corporation, theP resident and the secretary or the vice-president and the secretary of the corporation must sign and the corporate seal must affixed thereto. SUBSCRIBED AND SWORN before me this dayof ,20 by who is known to me or has satisfactorily been identified as the President, and by who is known to me or has satisfactorily been identified as the Secretary, as duly authorized d agents to sign on behalf of to bind and obligate the Contractor. ! �r Notary My Commission Expires: to Std Bid Docurrtrils 121106 7r, n PERFORMANCE BOND (100%of Total Contract Amount) No) KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS,the Town of Oro Valley,State of Arizona,has awarded to as principal,designated as the"Contractor",a"Contract"for the work generally described as follows: PROJECT NO. OV21-03-06 OVO VALLEY DRIVE 8-INCH C-ZONE WATER MAIN EXTENSION WHEREAS, said Contractor is required to furnish a bond in connection with Contract guaranteeing performance and this bond shall remain in full force and effect through the warranty and guarantee period of the Contract. NOW THEREFORE,we the undersigned Contractor and Surety,are held and firmly bound unto the Town of Oro Valley in the sum of (Dollars) ($ ), to be paid to the Town or its attorney, its successors and assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns,jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, The above Contractor, his/her or its heirs, executors, administrators, successors or assigns, shall in all things stand to, abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract and any alteration made as provided, on his/her or their part to be kept and performed at the time and in the manner specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the Town of Oro Valley,its officers,employees and agents,astherein stipulated. It shall be and remain in full force and virtue until such time the project is completed then this obligation shall become null . and void. In the event suit is brought upon this bond by the Town and judgment is recovered,the Surety shall pay all costs incurred by the Town in the suit, including reasonable attorneys' fees to be fixed by the court. IN WITNESS WHEREOF,we have hereunto set our hands and seals on this day of 20 CONTRACTOR: SURETY: Name: Name: Address: Address: Tel.No.: Tel. No.: By: By:, Attorney-in-Fact r NOTE: This bond must be executed by both parties, and in the case of a corporation, with corporate seal affixed. All signatures must be acknowledged. (Attach acknowledgments.) The attorney-in-fact for the bonding company must be registered in at least one county in the State of Arizona. Std.Bid Documents Revised 121 106 27 6 CORPORATE ACKNOWLEDGEMENT(S) STATE OF ARIZONA ) )ss: COUNTY OF PIMA ) On this day of ,20 before me personally appeared to me known, who, being by me duly sworn, did depose and say that he/she reside(s) in Pima County, Arizona and that he/she is the of the , the corporation which executed the Contract; that he/she knows the seal of the corporation; that-the sealaxed-to theinsaifthent is the.corporate seal',-that is/was so affixed by order of the Board of Directors of the corporation, and that he/she signed his/her name to the instrument by like order. NOTARY PUBLIC My Commission Expires: STATE OF ARIZONA ) )ss: COUNTY OF PIMA ) On this day of ,20 before me personally appeared known to me to be the person whose name is subscribed to this instrument as the Attorney-in-Fact of of and acknowledged to me that he/she subscribed the name of as Surety,and his/her own name as Attorney-in-Fact.. NOTARY PUBLIC My Commission Expires: Std Bid Documents Revised 121106 2 8 ti • • PAYMENT BOND (100%of Total Contract Amount) 4.0 KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS,the Town of Oro Valley,State of Arizona,has awarded to , as principal, hereinafter designated as the "Contractor", a "Contract" for the work generally described as follows: PROJECT NO: OV21-03-06 OROVALLEYDRIVE 8-INCH C-ZONE WATER MAIN EXTENSION WHEREAS,Contractor is required to furnish a bond in connection with the Contract,to secure the payment of claims of laborers,mechanics,material men and other persons as provided by law. NOW THEREFORE,we the undersigned Contractor and Surety are held and firmly bound unto the Town of Oro Valley in the sum of Dollars,($ )for which payment well and truly to be made,we bind ourselves,our heirs, executors and administrators,successors and assigns,jointly and severally,firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, If Contractor,his/her or its heirs,executors,administrators,successors or assigns,or subcontractors,shall fail to pay any of the persons named in,or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any claimant, or any amounts required to be deducted, withheld, and paid over to the Tax Board from the wages of employees of the Contractor and his/her subcontractors,pursuant to the Revenue and Taxation Code,with respect to work and labor, that the Surety or Sureties will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void. In the event suit is brought upon this bond by the Town and judgment is recovered,the Surety shall pay all costs incurred by the Town in the suit,including reasonable attorneys' fees to be fixed by the court. This bond shall inure to the benefit of any of the persons named as to give a right of action to such persons or their assigns in any suit brought upon this bond. IN WITNESS WHEREOF,we have hereunto set our hands and seals on this day of 20 CONTRACTOR: SURETY: Name: Name: Address: Address: Tel.No.: Tel.No.: By: By.- Attorney-in-Fact NOTE:E: This bond must be executed by both parties, and in the case of a corporation, with corporate seal affixed. All signatures Must be acknowledged. (Attach aci..no%1edgments.) The ttormiu in tact for the bondina company must be registered in at least one county in the State of Arizona. Std Bid Documents Revised 121106 2 9 CORPORATE ACKNOWLEDGEMENT(S) STATE OF ARIZONA ) )ss: COUNTY OF PIMA ) On this day of ,20 before me personally appeared to me known,who,being by me duly sworn,did depose and say that he/she reside(s)in Pima County,Arizona and that he/she is the of the the corporation which executed the Contract,that he/she knows the seal of the corporation;that the seal affixed to the instrument is the corporate seal;that is/was so affixed by order-of the Board of Directors of the corporation,and that he/she signed his/her name to the instrument by like order. Notary Public My Commission Expires: STATE OF ARIZONA ) )ss: COUNTY OF PIMA ) On this day of ,20 before me personally appeared known to me to be the person whose name is subscribed to this instrument as the Attorney-in-Fact of Nor of and acknowledged to me that he/she subscribed the name of as Surety,and his/her own name as Attorney-in-Fact. Notary Public My Commission Expires: Std.Bid Documents Revised 121106 3 0 1. • . • .. • ' SSL. CONSENT OF SURETY TO FINAL PAYMENT AND FULL RELEASE OF CONTRACT RETAINAGE OR SUBSTITUTE SECURITIES 1 The undersigned Surety(the"Surety"),having provided the Town of Oro Valley(the"Town")with a payment bond for the payment of labor and material provided to the Contractor (the "Contractor") in connection with Project No. OV21-03-06 (the "Project") consents to final payment and full release of all retainage to Contractor held by Town in connection with the Project. . Surety further releases Town from all claims,past,present, future, known or unknown which it may assert or could have asserted against Town as a result of Town's final payment and release of the retainage held in connection with the Project. This release is only intended to relieve Town of any liability or responsibility in connection with final payment and full release of retainage to the Contractor in connection with the Project and shall in no way be construed to relieve Surety of any obligation under the payment bond issued for the Project. IN WITNESS WHEREOF, the Surety has executed this instrument this day of , 20 SURETY Authorized Representative Title: STATE OF ARIZONA ) )ss. COUNTY OF PIMA ) The foregoing instrument was acknowledged before me this day of ,20 by , on behalf of Notary Public My Commission `xp s• Std.Bid Documents Revised 121 106 31 CONTRACTOR'S AFFIDAVIT REGARDING SETTLEMENT OF CLAIMS Project No.: OV 21-03-06 Project Name: ORO VALLEY DRIVE 8-INCH C-ZONE WATER MAIN EXTENSION To the Town of Oro Valley,Arizona: This is to certify at a Fl ful claims for materials, rental of equipment and labor used in connection with the construction of the above contract project, whether by subcontractor or claimant in person, have been duly discharged. The undersigned, for the consideration of$ , as set out in the final pay estimate, as full and complete payment under the terms of the contract, waives and relinquishes any and all further claims or right of lien under, in connection with, or as a result of the above described contract. The undersigned further agrees to indemnify, defend and save harmless the Town of Oro Valley against any and all liens, claims of liens, suits, actions, damages and expenses whatsoever, which the Townmay suffer arising out of the failure of the undersigned to pay for all labor performance and materials furnished for the performance of installation. • Contractor By: STATE OF ARIZONA ) )ss. COUNTY OF PIMA ) The foregoing instrument was acknowledged before me this day of ,20 by ,on behalf of Notary Public •r. My Commission Expires: Std Bid Documents Revised 121 106 3 2 F e • • ATTACHMENT 1 DEFINITION OF TERMS Addendum Written or graphic instruments) issued in writing, after advertisement,but prior to the opening of the Bids, which alter, change, clarify, correct, modify, or revise the Contract Documents. Bid The offer of the bidder, submitted on the prescribed form(s) to perform the Work and/or furnish material(s) and/or furnish labor and/or furnish equipment at the price(s)quoted. Bidder's Proposal: The offer of a bidder, on the prescribed form, to perform the work and to furnish the labor and materials at the prices quoted. Bidders Bond The security furnished with a bid to guarantee that the bidder shall enter into the contract if the bid is accepted. Change Order A written order, issued and signed by the Water Utility Director of his designee to the Contractor, directing addition(s), deletion(s) or revision(s) in the Work, adjustment in Contract Price(s) or Contract Time, said Change Order(s) is/are issued after the execution of the Contract,all as incidental to the prosecution of the Work as advertised. Contract The written agreement between the Town and the contractor setting forth the obligations of the parties thereunder including; but not limited to,the performance of the work,the furnishing of labor and materials and the basis of payment. Liquidated Damages The monetary damages amount that the parties to the Contract shall be paid to the Town by the Contractor for each day the work remains incomplete after the scheduled completion date. The Liquidated Damages amount will be set in accordance with Section 108 of the Pima County/City of Tucson Standard Specifications for Public Improvements(2003 EDITION). Non-Collusion Affidavit Certification on behalf of the person, firm, association or corporation submitting the bid,that such person, firm, association or corporation has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action, in restraint of free competitive bidding in connection with the submitted bid. Notice Inviting Bids The public announcement, as required by law, inviting Bids for work to be performed and/or materials to be furnished and/or labor to be furnished and/or equipment to be furnished. Payment Bond The security provided by the contractor solely for the protection of claimants supplying labor and materials to the contractor or to subcontractors of the contractor. Performance Bind The e sectr-io r�rrvl�'_ded h' coldly _or the orotecrio of the �. � ✓ _�. L•� �. �.�.V 1 : :.J 1:.1 L L 1 U i: L..'� i'en" and conditioned t.:--Don flit'faithful performance of the rontra L in ccoru -Le Std Bid Documents Revised 121106 3 3 c f with the plans,specifications and conditions thereof. Project Manager The Town designee in direct charge of the Project and responsible for the completion of the project according to the provisions of the Contract. Project Plans Specific details and dimensions peculiar to the work which are supplemented by the standard details insofar as they may apply. Reference Specifications Any specifications referred to in the Contract Documents other than Standard requirements peculiar to an individual project. Special Provisions Additions and revisions to the Standard Specifications covering conditions and Specifications, including, but not limited to: bulletins, standards,rules, methods of analysis or tests, codes, other agency specifications, engineering societies, or industrial associations referred to in the Contract Documents. These refer to the latest edition, including amendments in effect and published at the time of advertising the Project or issuing the permit,unless otherwise specifically referred to by edition,volume or date. Standard Plans The latest edition of the CITY OF TUCSON/PIMA COUNTY STANDARD SPECIFICATIONS FOR PUBLIC IMPROVEMENTS, including all SUPPLEMENTAL AMENDMENTS, as prepared by a joint effort of the Departments of Transportation of the City of Tucson and Pima County as approved for repetitive use, showing details to be utilized where appropriate (2003 EDITION). IMP Standard Specifications The latest edition of the CITY OF TUCSON /PIMA COUNTY STANDARD SPECIFICATIONS FOR PUBLIC IMPROVEMENTS, including all SUPPLEMENTAL AMENDMENTS, as prepared by a joint effort of the departments of Transportation of the City of Tucson and Pima County as approved for general application and repetitive use(2003 Edition). Surety Bond Bond in the amount of one hundred percent(I00%) of the amount of the contract. Binds the contractor for the full and complete performance of the contract and for payment of all debts pertaining to the work. Waterworks Standards The latest edition of the CITY OF TUCSON WATERWORKS STANDARD SPECIFICATIONS AND DETAILS, unless modified within the Plans and/or the Standard Notes and Detail Plan Sheet for the Town of Oro Valley Water Utility. NOP- Std Bid Documents Revised 121106 3 4 TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: FEBRUARY 21, 2007 TO: HONORABLE MAYOR& COUNCIL FROM: Suzanne Smith, Building Safety Director RESOLUTION NO. R 07- 22 REQUEST AUTHORIZATION TO AMEND CONTRACT SUBJECT: ( ) WITH MADARA ENGINEERING, INC. FOR PROFESSIONAL SERVICES ADDING PROVISIONS FOR THIRD PARTY PLAN REVIEWS. SUMMARY: The Building Safety Department,De artment, at times, cannot provide timely plan review services that are required as part of the building permitting process. The Town of Oro Valley has a contract with Madara Engineering, Inc. who has performed plan manage review services to help work load and to review unusually complicated and more technical projects received. The addendum to the Madara Engineering, Inc. contract will provide an option to Review Services to beperformed by Madara Engineering, Inc. to lessen the impact those offer Third Party Plan g services have on the Town's budget and to help the Building Safety Department to meet their Plan Review Performance Goals. plan review services to Madara Engineering, Inc. are paid by the Town based on the Currently payment for Town's adopted fee schedules from the BuildingSafety Division's Professional Services line item in the e budget. Madara En Engineering, Inc. is paid 75% of the required plan review fee, approved Town of Oro Valley g . is retained bythe Town to cover the Town's administrative costs and the plan review costs the remaining 25% of other Town Departments and Divisions. Madara Engineering, Inc. would be paid the 75% of the plan review Agreement by the applicant when using the Third PartyA eement and would pay the Town of Oro Valley 25% of the plan review fee at application for the permit. Exhibit A is the addendum to the current contract between Madara Engineering, Inc. and the Town of Oro Valley and Madara Engineering's schedule of hourlyrates to perform third party plan reviews. Exhibit B is the between the Town of Oro Valley, Madara Engineering, Inc. and the applicant that Third Party Agreement would be required to be completed for each permit receiving a third party plan review. FISCAL IMPACT: a line item, "Outside Professional Services", for the use of consultants. Approval The approved budget contains of this addendum would have no negative fiscal effect. RECOMMENDATION: Staff recommends that the Mayorpp and Council approve the attached addendum to the contract with Madara Inc. provide Incto professional services to the Town as needed. TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 2 of 2 SUGGESTED MOTION: I move to approve Resolution No. (R)07- 22 approving the attached addendum to the contract with Madara Engineering, Inc. to provide professional services to the Town as needed. ATTACHMENTS: Madara Engineering, Inc. contract agreement Third Party Plan Review Agreement Resolution No. (R)07-22 • Buildi : S. -ty Director ssistant Town Manager ° J,1444;( Town Manager RESOLUTION NO. (R)07- 2 2 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, APPROVING AND AUTHORIZING THE EXECUTION OF A CONTRACT WITH MADARA ENGINEERING, INC. TO PROVIDE PROFESSIONAL SERVICES TO THE TOWN WHEREAS, at times, it is necessary to use the services of a professional service consultant to provide timely service to the customers of the Town of Oro Valley Building Safety Department; and, provide Madara Engineering, n Inc.. Inca service consistent with the same services provided by the Town; and, Inc. has on its staff, engineers whose expertise is needed to WHEREAS, Madara Engineering, • ' build evaluate the structural and environmental safety of technically unique projects desiring to within the Town; and, WHEREAS, the Town of Oro Valley desires to enter into a contract with Madara Engineering, Inc. to provide professional services, as needed, to the Town; and, WHEREAS, it is necessary for the BuildingSafety Department De artment to provide timely, accurate and consistent services for the health, safetyand welfare of the public of the Town of Oro Valley, Arizona. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE TOWN COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA: is Engineering, Inc. to provide professional 1. That staff authorized to contract with Madara g g� services to the Town, as needed, building for plan review services, engineering services and temporary staff to the Town of Oro Valley Building Safety Division. the-Ma or-and—Town-Councilthe—Ta-wn_of Oro Valle , PASSED ANI?ADOPTED by y Arizona this 21st day of February, 2007. Paul H. Loomis,Mayor ATTEST: Kathryn E. Cuvelier, Town Clerk APPROVED AS TO FORM: Melinda Garrahan, Town Attorney EY \,4 /if'?" , •3 K • /'lJr ,,sir ,„:. 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TOWN OF ORO VALLEY BUILDING SAFETY DIVISION 11000 N La Canada Drive ORO VALLEY, AZ 85737 (520) 229-4800 CONTRACT FOR PROFESSIONAL SERVICES PROJECT TITLE: Building Safety Plan Review and Third Party Plan Review Agreement This Contract is made and entered into by and between the Town of Oro Valley, a municipal Corporation (the "Town") and Madara Engineering, Inc. (the "Consultant"). WITNESSETH: WHEREAS, the Mayor and Town Council/Town Manager of the Town of Oro Valley are authorized and empowered by the revisions of the Town Code to execute contracts for Professional Services. NOW THEREFORE, for and in consideration of the mutual covenants and conditions hereinafter contained, it is agreed by and between the Town and the Consultant as follows: SECTION I—DESCRIPTION/SCOPE OF WORK The Consultant agrees to perform the Building Plan Review Services as described in Schedule "A", Description/Scope of Work for plan reviews in accordance with the Town's Building Code and subject to a Third Party Plan Review Agreement, attached as Exhibit"A". SECTION II—PAYMENT SCHEDULE A. Plan Reviews For services described in Section I, Schedule "A" of this Contract, the Consultant will be paid seventy five (75%) percent of the Building Permit Fee Schedule, as amended by the Town from time to time. Consultant shall be paid the seventy five (75%)percent of the fee collected by the Town upon final completion and acceptance of any specific plan review within thirty(30) days. F.\Building Safety\Suzanne\Council 1\CONSULTANTS\Plan Review Madara Contract final 02.21.07.doc B. Third Party Plan Reviews • Plan Reviews shall be pursuant to a Third Party Plan Review Agreement(attached hereto as Exhibit"A"). SECTION III—PERIOD OF SERVICE of a Notice to Proceed with the work, the Consultant shall complete all plan review services Following receipt described in Section II within the time frames as stated in Schedule A. Third Party Plan Review shall be performed pursuant to the Third Party Plan Review Agreements. SECTION IV—APPROVALS All work shall be subject to approval by Building Safety Director and/or his/her designee. agrees a ees to exercise the skill and care which would be exercised by plan review professionals performing tY similar services at the time and in the locality. If failure to meet these standards results in faulty work, Consultant shall undertake at its own expense the corrective adjustments or modifications. SECTION V—INDEMNIFICATION agrees to indemnify, defend, and save harmless the Town, its Mayor and Council, the Building Safety The Consultant y, , and/or his/her designee, appointed boards and commissions, officials, officers, employees and the Town's Director gn � pp . individuallyand collectivelyfrom all losses, claims, suits, demands, expenses, subrogations,attorney's insurance carriers, anykind and nature arisingout of the Consultant's negligence or any subcontractor employed by the fees, or actions of Consultant (including bodily injury and death) or any other losses, claims, suits, demands, and/or expenses, arising or oY out of the work to beperformed, except any injury or damages arising out of the negligence of the alleged to have arisen Town, its officers, agents or employees. The amount and type of insurance coverage requirements set forth in Section VII will in no way be construed as limiting the scope of indemnity in this paragraph. SECTION VI—INDEPENDENT CONTRACTOR hereunder, as Consultant, I agree that I am not an employee of the Town, and that I am performing the By my signature �' duties as an Independent Contractor, supplying own employees, and maintaining my own insurance and handling all supp y g m Y of my own internal accounting. Consultant waives any right of subrogation for its workers compensation coverage. SECTION VII—INSURANCE See Attachment A SECTION-ATM—TERMINATION either This Contract may be cancelled byPartyupon written notice of a minimum of fourteen (14) calendar days before intended termination date. SECTION IX—LIQUIDATED DAMAGES A. Third Party Plan Review beperformed bythe Consultant under Schedule A of this Contract is not timely completed, the If the plan review to . Town ten(10%) of the review fee per day the proj ect is late as liquidated damages for Consultant shall pay the percentplan each day the work remains incomplete after the scheduled completion date. This amount is agreed upon because of the impracticability and extreme difficulty of ascertaining the actual damages the Town would sustain. The scheduled matin liabilityfor liquidated damages shall be in accordance to the Description/Scope of Work completion date for terminating q . "A") for eachparticular plan review, subject to Section X—Force Majeure. Whenever additional information is (Schedule 2 F:\Building Safety\Suzacuie\Council l\CONSULTANTS\Plan Review Madara Contract final 02.21.07.doc AN required in order to complete a plan review, any extension of time to complete the plan review must be agreed to in writing by the Parties. SECTION X—FORCE MAJEURE Notwithstanding any other term, condition, or provision hereof to the contrary, in the event any party hereto is precluded from satisfying or fulfilling any duty or obligation imposed upon such party by the terms hereof due to labor strikes, material shortages, war, civil disturbances, weather conditions, natural disasters, acts of God, or other events beyond the control of such party, the time period provided herein for the performance by such party of such duty or obligation shall be extended for a period equal to the delay occasioned by such events and must be agreed to IN WRITING BY BOTH PARTIES. SECTION XI—ARBITRATION OF DISPUTES Any dispute arising under this contract that is not settled by the Town and the Consultant may, upon mutual agreement of the parties, be decided by an Arbitration Board composed of a representative of the Town, a representative of the Consultant and a representative mutually acceptable to the Town and the Consultant. The Town, however, reserves its rights as set forth in Arizona Revised Statutes, Title 12. The Consultant shall continue to render all services requested in this Contract without interruption, notwithstanding the provisions of this section. Nothing herein shall be deemed to require arbitration except at the Town's discretion. The laws of the State of Arizona shall apply to this Contract, and the Consultant agrees to the subject itself to the jurisdiction of the Courts of the State of Arizona for any conflict that arises from the terms of this Contract. SECTION XII—OWNERSHIP OF DOCUMENTS All documents including, but not limited to, tracings, drawings, original mylars, estimates, field notes, investigations, design analysis and studies which are prepared in the performance of this Contract are to remain the property of the Town. The Consultant shall furnish the Town, upon request, originals or copies of technical specifications and copies of all documents listed above. SECTION XIII—NO KICK-BACK CERTIFICATION The Consultant warrants that no person has been employed or retained to solicit or secure this Contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee; and that no member of the Town Council or any employee of the Town has an interest, financial or otherwise, in the Consultant firm. For breach or violation of this warranty, the Town shall have the right to annul this Contact without liability or, at its discretion, to deduct from the Contract Price or consideration, the full amount of such commission, percentage, brokerage or contingent fee. SECTION XIV—CONFLICT OF INTEREST This Contract is subject to the provisions of A.R.S. § 38-511 which provides in pertinent part that the state, its political subdivisions or any department of either may, within three years after its execution, cancel any contract, without penalty or further obligation, made by the state, its political subdivisions, or any of the departments or agencies of either if any person significantly involved in initiating, negotiating, securing, drafting or creating the Contract on behalf of the state, its political subdivisions or any of the departments or agencies of either is, at any time, while the Contract or any extension of the Contract is in effect, an employee or agent of any other party to the Contract in any capacity or a Contractor to any other party to the Contract with respect to the subject matter of the Contract. SECTION XV—ASSIGNMENT This Contract shall not be assignable except at the written consent of the parties, and it shall extend to and be binding upon the heirs, executors, administrators, successors, and assigns of the parties. F:\Build ng Safety\Suzanne\Council 1\CONSULTANTS\PIan Review Madara Contract final 02.21 07.doc 3 SECTION XVI-ENTIRE AGREEMENT Contract between the parties. If any portion(s) of this Contract is (are) later found to be invalid or This 1 s the entire unenforceable, such portion(s) shall be null and void and without any effect on the rest of the Contract which shall continue in full force and effect. IN WITNESS WHEREOF, the parties have hereunto subscribed their names this day of , 20 TOWN OF ORO VALLEY: CONSULTANT: MADARA ENGINEERING,INC. By: By: Mayor President Date: Date: By: Secretary By: Department Head Date: ATTEST: WITNESS (If Individual or Partnership) Kathryn E. Cuvelier,Town Clerk Date: Date: APPROVED AS TO FORM: Melinda Garrahan,Town Attorney Date: SIGNING INSTRUCTION TO THE CONSULTANT: All signatures must be notarized. In the event that the contracting firm is a corporation,the president and the secretary or the vice-president and the secretary of the corporation must sign and p the corporate seal must affixed thereto. State of Arizona ) ) ss. County of ) 4 F:\Building Safety\Suzanne\Council 1\CONSULTANTS\Plan Review Madura Contract final 02.21.07.doc SUBSCRIBED AND SWORN before me this day of , 20 by who is known to me or has satisfactorily been identified as the President, and by who is known to me or has satisfactorily been identified as the Secretary, both as duly authorized agents to sign on behalf of Brown and Associates to bind and obligate the Consultant. Notary My Commission Expires: F:\Building Safety\Suzanne\Council 1\CONSULTANTS\Plan Review Madara Contract final 02.21.07.doc 5 ATTACHMENT A INSURANCE The Consultant agrees to obtain insurance coverage of the types and amounts required consistent with the coverage limits shown below. Coverage Afforded Limits of Liability Workmen's Compensation Statute Employer's Liability $100,000 Comprehensive General $1,000,000-Bodily Injury p Liability Insurance Combined Single Limit (includingblanket contractual $100,000 Property Damage and premises/operations) Professional Liability Insurance $500,000(Minimum) Combined Single Limit the required insurance coverage before beginning work. All policies will The Consultant will provide satisfactory certificates on q thirty (30) calendar days prior to termination, endorsement providingthat written notice be given to the Town at least d and the contain an Insurancepolicies shall remain in force until all work has been complete cancellation or reduction in coverage policy.completed project has successfully fulfilled its warrant period. If policydoes expire during the life of the Contract, a renewal y a five(5) workdays prior to expiration date. the required coverage must be sent to the Town of Oro Valley not less than Y certificate of q g Each certificate shall include project description,project number and the signed acknowledgement of the insurance company. insured on all policies except Worker's Compensation and Professional The Town of Oro Valley will be included as an additional insurance available to the Town and as to Liability. Policies for General, Automobile, and Excess Liability are primary over any any claims resulting so effected shall protect both from the Contract, it being the intention of the parties that the insurance policies p parties and be primary coverage for any and all losses covered by the described insurance. to indemnify,In regard to Professional Liability, Consultant agrees , defend, and save harmless the Town of Oro Valley, its Mayor Y s officials, officers, employees, individually and collectively, from all losses, and Council, appointed boards and commissions, ds enses attorney's fees, defense costs, or actions of any kind and claims, suits, actions, payments and judgments, deman ex p nature resulting from personal injury to any person, employees includingto ees of the Consultant or of any subcontractor employed by p arising alleged to have arisen solely out of the the Consultant (including bodily injury and death) or damages to any property, arg or ag and hold harmless the Consultant for the work performed. Consultant agrees to indemnify, defend negligent performance of the Town of Oro Valley, its Mayor and Council, appointed boards and commissions, officials, officers, employees, individually and of errors omissions or negligent acts in the performance of services by the collectively, against any an all claims arising out � forth in the Contract will in no way be construed as Consultant. The amount and type of insurance coverage requirements set limiting the scope of indemnity in this paragraph. indemnify, defend and save harmless the Town of the Consultant agrees to In regard to General,Automobile, and Excess Liability, g individually and collectively r le its-Ma3�oma_and-C-ouncilrapp-Qinted bards and commissions,officials, officers, employees, from all losses, claims, suits, actions, payments judgments,and � d ments, demands, expenses, attorney's fees, defense costs, or actions-o _--- any kind and nature resulting from personal injury to an ur t' person, including employees of the Consultant or any subcontractor Y death) damages to any property, arising or alleged to have arisen out of employed by the Consultant(including bodily injury and d ) or g in or dama es arising out of the negligent pe rforma.nce of the Consultant for the work to be performed hereunder, except any J Y g Contract rs a ents or em to ees. IT IS THE INTENTION OF THE PARTIES to this the sole negligence of the Town, its office g p Y that the Town of Oro Valley, its Mayor and Council, appointed boards and commissions, officials, officers, employees, individuallyagainst their own negligence and collectively, are to be indemnified unless and except that negligence is found to be of insurance coverage requirements set forth sole cause of the injuryg the to persons or damages to property. The amount and type in the Contract will in no waybe construed as limiting the scope of indemnity in this paragraph. 6 F:\Build ng Safcty\Suzaiuie\Council 1\CONSULTANTS\Plan Review Madara Contract final 02.21.07.doc CONSULTING FIRM: PROFESSIONALS REGISTERED IN THE STATE OF ARIZONA (IN-HOUSE) In the space provided below, list name, major field of expertise, and professional registration number for all in- house Architects, Landscape Architects, Engineers, and Land Surveyors registered in the State of Arizona on your staff as of 5/06. Enter total number of Arizona Registrants listed below: (For additional space use reverse side.) NAME FIELD REGIS. NO. N/A F:\Building Safety\Suzanne\Council 1\CONSULTANTS\Plan Review Madara Contract final 02.2 L07.doc • SCHEDULE "A" DESCRIPTION/SCOPE OF WORK A. BUILDING PLAN REVIEW SERVICES The CONSULTANT shall provide BUILDING PLAN REVIEW SERVICES necessary to assure compliance with the International Building, Residential, Plumbing, Mechanical, Fire and the National Electrical Codes as adopted by the TOWN. Review time for plans shall be in accordance with the following table. Turn around times shall include both pickup and delivery time back to the community. Recheck of initial plan review comment corrections shall be completed in a timely manner not to exceed the time frame established for the initial review. STANDARD MAXIMUM TURNAROUND PROJECT REVIEWS TIME IN WORKING DAYS Single Family Residential 10 Multifamily Residential 10 Commercial to 150,000 sq. ft. 10 Commercial greater than 150,000 sq. ft. 15 All"Fast Track"projects As agreed upon written acceptance of project. Fire Protection Systems 10 EXPEDITED(Double) PROJECT REVIEWS Single Family Residential 5 Multifamily Residential 5 Commercial to 150,000 sq. ft. 5 Commercial greater than 150,000 sq. ft. 7 All"Fast Track"projects As agreed upon written acceptance of project. Fire Protection Systems 5 EXPEDITED(Triple) PROJECT REVIEWS Single Family Residential 3 Multifamily Residential 3 Commercial to 150,000 sq. ft. 3 Commercial greater than 150,000 sq. ft. 5 All"Fast Track"projects As agreed upon written acceptance of_ ro-'_et.- Fire Protection Systems 3 F:\Building Safety\Suzanne\Council 1\CONSULTANTS\PIan Review Madara Contract final 02 21.07 doc SCHEDULE "B" FEE SCHEDULE FOR BUILDING PLAN REVIEW A. BUILDING PLAN REVIEW SERVICES e of Work, BUILDING PLAN REVIEW services described in Schedule A, Description/Scop For oadopted SERVICES the Town shall pay the Consultant a fee of 75% of building plan check fees as by the Towny se of Oro Valley. Third and subsequent reviews are subject to additional plan review fees when q approved bythe "Town BuildingOfficial" at hourly rates listed below. Payment will be made on a pp monthly basis from invoices provided to the Town. B. ADDITIONAL PLAN REVIEW SERVICE RATES Plan Review $75.00/hr. Expedited services are available at twice the hourly rate as agreed upon at acceptance of project. Fees as of January 1, 2007 2 F:\Building Safety\Suza ne\Council 1\CONSULTANTS\Plan Review Madara Contract final 02.21.07.doc EXHIBIT "A" THIRD PARTY PLAN REVIEW AGREEMENT F.\Building Safety\Suzanne\Council 1\CONSULTANTS\Plan Review Madara Contract final 02.21.07.doc 3 THIRD PARTY PLAN REVIEW AGREEMENT THIS AGREEMENT is made and entered into this 21 day of February , 2007, by and between the Town of Oro Valley, an Arizona municipal corporation ("Town"), Madara Engineering, Inc., a corporation ('Town Plans Examiner') and Vestar Arizona XXXIX, L.L.C. ("Applicant"). RECITALS WHEREAS, the Town desires the Applicant contract directly with a qualified third party plan review firm to perform plans examination services on behalf of the Town; and WHEREAS, Applicant desires to enter into a third party agreement with Town Plans Examiner to perform plan review; and WHEREAS, Town Plans Examiner is experienced in providing such services for municipal corporations and is able to provide experienced personnel to carry out the duties involved. NOW,THEREFORE, in consideration of the covenants and premises herein stated,it is agreed as follows: AGREEMENT A. Applicant intends to construct the following(hereinafter the "Project") 1 . Approximately 870,000 square feet of in-line retail, restaurants, theatre entertainment center, and office complex. Town Plans Examiner agrees to perform the following services for Town with respect to the project:All plan review as required by each permit for all facilities and associated site and J utility improvements noted above. B. Town Plans Examiner shall be compensated for such services to Town by direct payment from Applicant. Notwithstandingthat Applicant is to compensate Town Plans Examiner directly,it is agreed that Town Plans Examiner's duties for this project are to the Town as pp an official for the Town, and not for th e A lic a of-Thi- ---------------` --Sticr - e pUrsUan - - ---- to the schedule attached heretoas part of this Agreement. Such compensation to Town Plans Examiner shall not be in lieu of any other fees as may be charged by the Town. IN WITNESS WHEREOF, the Parties execute this Agreement upon the terms and conditions stated above and the "PROVISIONS OF AGREEMENT" following the signatures below. TOWN PLANS EXAMINER APPLICANT MADARA ENGINEERING, INC VESTAR ARIZONA XXXIX, L.L.C. By: By: Michael S. Hundley Title: Title: Date: Date: State of Arizona ) ss. County of On this day of , 20 , Michael S. Hundley, who is known to me or has been satisfactorily been identified as theVice President of Madara Engineering, Inc., and that he being authorized so to do, executed the foregoing instrument for the purposes contained herein. Notary My Commission Expires: State of Arizona ) ) ss. County of On this day of , 20 , , who is known to me or has been satisfactc ily been identified as the of Vestar Arizona XXXIX,L.L.C., and that he being authorized so to do, executed the foregoing instrument for the purposes contained herein. Notary My Commission Expires: TOWN OF ORO VALLEY David Andrews, Town Manager ATTEST: 2 Kathryn E. Cuvelier, Town Clerk Date: APPROVED AS TO FORM Melinda Garrahan, Town Attorney Date: 3 TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: February 21, 2007 TO: HONORABLE MAYOR & COUNCIL FROM: Jose Rodriguez, P.E., Engineering Division Manager SUBJECT: Resolution No. (R) 07 - 23 a resolution authorizing the Town Manager to submit an application and execute a Highway Expansion & Extension Loan Program (HELP) Loan repayment agreement with the State of Arizona for the HELP Loan for the La Canada Drive Widening from Naranja Drive to Tangerine Road SUMMARY: As a political subdivision of the State of Arizona in Pima County, the Town of Oro Valley receives regional Highway User Revenue Funds (HURF) through the Pima Association of Governments (PAG). HURF exchange funds will be used to finance the project construction costs. The construction funds are programmed in the PAG Regional Transportation Improvement Program for Year 2011 $1,000,000 12.6% funds and $5,000,000 STPX (Surface Transportation Program Exchange) at a 90% exchange rate equaling $4,500,000. In order to accelerate the construction of the La Canada Drive Widening Project, DPW staff is requesting authorization to apply for and execute an $8.0 million HELP Loan by the State Transportation Board to accelerate the construction funding to this fiscal year. The principal, $5.50 million will be paid with PAG 12.6% and HURF exchange funds in the year 2011. Per the HELP Loan application the Town will pledge to pay the remaining principal balance of$2.5 million from Development Impact Fees. The Town has sought an additional $2.5 million through the proposed 2008-20012 PAG/TIP Program to offset these costs. The interest rate on the HELP Loan is estimated to be 3.0%. The interest will be paid with Town of Oro Valley funds (HURF and/or Development Impact Fees). Application forms will be sent to ADOT for approval by the State Transportation Board. Once approved a Loan Repayment Agreement and Closing Certificates will be forwarded to the Town for the Town Manager's signature. ATTACHMENTS: 1. Resolution (R) 07- 23 2. Copy of Loan Application TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 2 of 2 FISCAL IMPACT: Upon approval from the State Transportation Board of the HELP Loan in the p amount of$8.0 million, the principal, $5.5 million will be paid with 12.6% and PAG HURF exchange funds in the year 2012. Per the HELP Loan application, the Town willled e to pay the remaining principal balance of $2.5 million. The p g interest rate on the HELP Loan is estimated to be 3.0%. The interest will be paid with Town of Oro Valley funds (HURF and/or Development Impact Fees). RECOMMENDATION: Public Works staff recommends the approval Resolution No.(R) 07-23 , which authorizes the Town Manager to apply for and execute a Highway Expansion & Extension Loan Program (HELP) Loan repayment agreement with the State of Arizona through the adoption of the attached resolution. SUGGESTED MOTION: The Council may wish to consider one of the following motions: I move to approve Resolution (R) 07 - 23 OR I move to deny Resolution (R) 07 23 r ; p CL-ty tk--/\„Josef uez, P. , Engin Sering D Mgr J\LZ!moi , Craig Civali r, P.E., Town Engineer ApJr : ie Watson, Assistant Town Manager David Andrews, Town Manager RESOLUTION NO. (R) 07-- A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, AUTHORIZING THE TOWN MANAGER TO APPLY FOR AND EXECUTE A HIGHWAY EXPANSION & EXTENSION LOAN PROGRAM (HELP) LOAN REPAYMENT AGREEMENT WITH THE STATE OF ARIZONA FOR THE HELP LOAN OF THE LA CANADA DRIVE WIDENING PROJECT FROM NARANJA DRIVE TO TANGERINE ROAD PROJECT NO OV 30 04105 27. WHEREAS, ORO VALLEY is a political subdivision of the State of Arizona, is vested with all the rights, privileges and benefits, and entitled to immunities and exemptions granted municipalities and political subdivisions under the constitution and laws of the state of Arizona and United States; and WHEREAS, the Legislature of the State of Arizona passed Title 28, Chapter 21, Article 5 Arizona Revised Statutes, as amended, which established the Highway Expansion and Extension Loan Program (the "HELP Program") under which the Arizona Transportation Board is authorized to make loans and provide other ' Eligible assistance to the State, its agencies and political subdivisions for EligIble Projects; and WHEREAS, the La Canada Drive Widening: Naranja Drive to Tangerine Road project ect is an eligible project for the HELP Program; and WHEREAS, the La Canada Drive Widening: Naranja Drive to Tangerine Road to project is necessary for the public's health, safety and welfare in order to preserve Town assets, and provide for the safe and efficient movement of traffic; and WHEREAS, the TOWN COUNCIL deems it necessary in the interest of providing for health, safety and welfare of the citizens of the TOWN OF ORO VALLEY to apply 1 for and enter into a loan repayment agreement with the State of Arizona and execute the closing certificate required by Section 4.01 (a) (ii) of said loan repayment ent agreement for a HELP Program loan to accelerate certain construction p financing for the La Canada Drive Widening:Naranja Drive to Tangerine Road.. THEREFORE, BE IT RESOLVED, BY THE MAYOR AND THE TOWN COUNCIL OF THE TOWN OF ORO VALLEY,ARIZONA: That Mayor is authorized the approval of the application and execution of a loan repayment ent�eement with the State of Arizona and the closing certificate required p by said loan repayment agreement on behalf of the Town of Oro Valley. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley,Arizona this 21 s tday of February2007. TOWN OF ORO VALLEY,ARIZONA Paul H. Loomis, Mayor ATTEST: APPROVED AS TO FORM: Kathryn E. Cuvelier, Town Clerk Melinda Garrahan, Town Attorney Date Date bHIGHWAY EXPANSION AND EXTENSION LOAN PROGRAM Application for financial assistance Rev 1/00 Section I. APPLICANT INFORMATION Applicant: Town of Oro Valley Mailing address: Street address: Department of Public Works___ 11000 N. La Canada Drive Oro Valley, AZ 95737 Email:jrodriguezorova1Iey.net Contactp erson: Jose N. Rodriguez Telephone No.(520) 229-4872 FAX No. (520) 229-4899 Please note:In any of the sections of the application that require a description or explanation,the applicant may attach additional sheets as necessary. Section II. PROJECT INFORMATION Project title:La Canada Drive Widening Project location : Naranja Drive to Tangerine Road; Section, T, R. Amount of HELP financing requested: $8,000,000. ($9,000,000. total project cost) System Designation: (X)Federal Aid System ( )National Highway System y g ( ) State Route ( ) State Highway System Is thisP roject included in the: ( ) State Highway Construction Program/Plan (X) Transportation Improvement Plan WhattYP a of project is this? (X)New Highway Construction ( )Reconstruction ( ) Pavement Preservation ( )Other If other, please explain: Detailed description of project: ThisJroject is to widen La Canada Drive approximately I mile from Naranja Drive north to Tangerine p Road. La Canada Drive is a north south arterial that serves the northern area of Oro Valley. The project will be a four lane urban median divided arterial with bike lanes, multi-use lane and turn lanes as needed. Public art will be also included into the project. Project Phase: ( ) Design ( ) Right-of-Way (X) Construction I11111111b Current Project Status: ( ) Major Investment Study (X)Environmental Clearance (Checkp if completed) (X)Right-of-Way Acquisition (X) Engineering/Design (5%) (60%) 1 HIGHWAY EXPANSION AND EXTENSION LOAN PROGRAM Application for financial assistance Section II. PROJECT INFORMATION (continued) Current Project Status Comments: The 60% •lans are •resentl bein• prepared by the consultant and will be reviewed by Town staff. Construction Timing: (provide the current project schedule and the accelerated schedule if additional funding is provided. Please provide the major milestones and dates here and attach a detailed version to the application, including a monthly drawdown schedule.) Project Advertisement: April 2007. Bid Opening: June 2007. Start Construction: July 2007 End Construction: July 2008 Describe, and to the extent possible, quantify the benefits of the project in terms of economic impact. (20 points) La Canada Drive is a major north-south arterial serving the northwest Tucson region. It is four lane divided south of Naran'a Drive and north of Tan.erinbe Road. The section between Naran'a Drive and Tan.erine Road is two lane undivided thus creatin! a bottle neck con.estion •roblem. This widenin. will eliminate the bottle neck congestion problem by providing a continuous four lane divided roadway corridor. Commuters are being delayed due to the bottleneck. North of the project, many new homes have been built over theP ast several years and many additional homes are being built. The number of commuters is growing and several small businesses have been opened in the past year. HIGHWAY EXPANSION AND EXTENSION LOAN PROGRAM Application for financial assistance Section II. PROJECT INFORMATION (continued) Describe, and to the extent possible, quantify the benefits of the project in terms of mobility or air quality (20 points) This project will complete the connection of a four lane divided corridor and thus alleviate the bottlenecking on La Canada Drive as this is a major north/south arterial for Oro Valley. This project will alsop rovide bike lanes and a shared use path which will provide residents the opportunity for bicycling and pedestrian activities. Currently, both bicycle and pedestrian path ways cease at the projects termini; hence both bic cle and •edestrian movement is stron.l discoura!ed. B connecting the bike and pedestrianpaths aths to the north and south, alternative transportation modes are enhanced and create better mobility and increase air quality Describe, and to the extent possible, quantify the benefits of the project in terms of safety. (20 points) Currently, because of the congestion due to the bottlenecking,there is a lot of cut through traffic in a • of vehicles traversin• this residential nei. borhood which has •otential safe •roblems due to the number _ nei• borhood. Also the emissions from idelin! vehicles will be alleviated b the widenin!. Currentl borh bicycle and pedestrian path ways stop at the project termini. This causes a major safety issue for the daring alternate modes. The completion of this project will enhance bike and pedestrian movement thoughout the area. 2 HIGHWAY EXPANSION AND EXTENSION LOAN PROGRAM Application for financial assistance Section III. FINANCIAL INFORMATION Please indicate the type of financial assistance being requested: ( X ) Loan ( ) Credit Enhancement ( ) Other Amount of Loan: $8,000,000 Term(years) 4 Please attach a comprehensive explanation to the application. Describe the financing request: (include project sponsors, financing commitments, and current status of q funding. List the total sources of funds for the project,the amount to be financed through a HELP loan.) ThisJ ro'ect is sponsored bythe Town of Oro Valley. Total project cost is estimated to be $9,000,000 with p p construction costs estimated to be $8,000,000 The Town has secured construction funding in the Pima Association of Governments 2007-2011 Trans•ortation Im.rovement Pro. am $5 000 000 in HURF (STPX)exchange funding and $1,000,000 in 12.6% funding. The HELP loan is being requested to g accelerate the project construction. Source and Timing of Repayment: (describe in detail the revenue stream to repay the loan and provide the legal authority.) The La Canada Drive Widening project is listed in the FY 2007-2011 PAG TIP. This project is programmed in this TIP to receive $5,000,000 in HURF exchange funds (STPX)and $1,000,000 in 12.6% funds in FY 2011. The payback of the principal is programmed from the FY 2011 STPX and 12.6% funds. The interest will be paid from the Town's development impact fees. The Town will payback the remainingbalance of the principal and interest in the FY 2012 from the Town's development impact fees. • 3 HIGHWAY EXPANSION AND EXTENSION LOAN PROGRAM Application for financial assistance Section III. FINANCIAL INFORMATION (continued) Dedicated revenue stream(s)for HELP repayment: ed to reflect specific project payback requirements and submitted as a spreadsheet Please note: the table may be modified .fr attachment tailored to specific applicant requirements. (Possible 40 points) Please describe the revenue source for repayment of the HELP loan: ( General Funds (X)HURF Revenues ( ) Excise [sales] Tax ( )Private Contribution (X)Other Principle repayment FY Year 1 FY Year 2 FY Year 3 FY Year 4 FY Year 5 Principle Principle i Principle Principle Principle P source _1. HURF Exchange 2. 3. $ $ Totalprinciple $ $5,500,000. P repayment source source FY Year 1 FY Year 2 FY Year 3 FY Year 4 FY Year 5 Interest repayment Interest Interest Interest _ Interest Interest 1. Town of Oro Valley $2,500,000 2. 3. Total interest $ repayment source Additional requirements checklist: (Please provide with the application.) X Formal Recognition of Project Support u ort- $8M HELP Loan on the PAG Regional Council for approval January 25, 2007. (X)Most Recent Financial Statement See attached PAG TIP Project Sheet for the La Canada Drive. 4 HIGHWAY EXPANSION AND EXTENSION LOAN PROGRAM Application for financial assistance SECTION IV. SUBMITTAL REQUIREMENTS HELP Financial Assistance Application, and all applicable An original and three copies of the attachments, may be submitted to the following for initiation of the evaluation process: a Expansion and Extension Loan Program Attention: Highway p Finance Administrator Arizona Department of Transportation (602)712-7441 Financial Management Services g (602)712-6672 206 S. 17th Avenue Mail Drop 200B Phoenix,Arizona 85007-3213 Please note that applications maybe submitted on a disk. Electronic versions of the application are available.Applications are public records under ARS 39-121. must a The authorized person for the applicantread, ree and sign the statement below for this to be g considered an official application. • Applicant, I herebysubmit this Application for the Applicant, or as an authorized representative of the pp As pp Financial Assistance and represent that the information and financial data contained herein are true and understand that additional information may be requested and correct to the best of my knowledge. I Transportation to verify independently any information contained in authorize the Arizona Department of • this that the acceptance and consideration of this application does not application. I also understand p constitute a commitment of funds by the State Transportation Board. Signature David Andrews. 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C O O VI J Q o > o U C O N F-- L.L. I Cn C J c rn N O = < C C j � (/� J w Q O O 00 C o O O _ cr) . c0 C C - C E D 00 O O . 0 C O N , i TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: February 21, 2007 TO:• HONORABLE MAYOR & COUNCIL FROM: Jose N. Rodriguez, P.E., Engineering Division Manager g SUBJECT: Resolution (R)C 7- 24 , a resolution authorizing the Town of Oro Valley ental to enter into an Intergovernmental Agreement ("IGA") with the Regional County Transportation Authority of Pima C ty for the construction of Lambert Lane / P La Cholla Blvd. Intersection & Signal Improvement. SUMMARY: and between the Regional intergovernmental Agreement is entered into by « This g Town of Oro Valley "Town") County Transportat�on Authority of Pima C ty "RTA") and the pursuant to A.R.S. §11-951 through 11-954. The IGA provides for the construction Funds in the amount of $900,000. signal at the intersection of Lambert Lane and The project will consist of installing a trafficg , p � lanes at all four legs. The Town's contribution to La Cholla Boulevard and providing left turn - Impact his project is $158,800 which consists of$86,000 Funds for design and $70,800 of In- House t p � administration.ouse staff costs for Project/ Construction administration. The Town will be responsible for the ongoing maintenance and repairs of the intersection upon completion. The estimated total project cost is $1,056,800. The estimated construction cost is $900,000: Consultant Fee for Design $86,000 In-House ouse Staff Costs $70,800 Construction Costs $900,000 Total $1,056,800 ATTACHMENTS: 1. Resolution (R)07- 24 2. Intergovernmental Agreement between the Regional Transportation Authority of Pima County and the Town of Oro Valley for the Construction of Lambert Lane/La Cholla Blvd. Intersection.and Signal Improvement (Exhibit A) TOWN OF ORO VALLEY COUNCIL COMMUNICATION PAGE 2 OF 2 SUGGESTED MOTION: The Town Council may wish to consider one of the following motions. move to approve Resolution (R) 07 - 24 authorizing the Town of Oro Valley to enter into an Intergovernmental Agreement ("IGA") with the Re ' & S�nal'�mprovemenn Authority tf Pima County for the construction of Lambert Lane / La Cholla Blvd. Intersection9 Or I move to deny Resolution (R)07 - 24 ,�� '��-ter, -�-� ��'�� Ro ri uer.P.E., ErigYneering Div Mgr g k i CC&A-,tAi .Ce-i- L(' Craig Civ ier, P.E. , Town Lngineer ;', ene Watson, Asst. Town Manager Aipter---S-‘4, David Andrews, Town Manager RESOLUTION NO. (R) 07- 24 A RESOLUTION OF THE TOWN OF ORO VALLEY TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT ("IGA") WITH THE REGIONAL TRANSPORTATION AUTHORITY OF PIMA COUNTY FOR THE DESIGN AND CONSTRUCTION OF THE IMPROVEMENTS TO THE LAMBERT LANE / LA CHOLLA BLVD. INTERSECTION & SIGNAL. Town of Oro Valley WHEREAS, the "Town") is authorized by Arizona Revised Statutes (A.R.S.) §9-276 to establish, improve and construct roads and bridges; and WHEREAS, A.R.S.§ 48-5301, et seq., authorizes the Authority to act as a regional taxing authority purpose for the of funding multi-modal p transportation operations and improvements identified in the Regional Transportation Plan ("the pp Plan") approved by the voters at the special taw election held in Pima County, Arizona, on May 16, 2006; and WHEREAS, the Town will design, construct and provide maintenance and operational responsibilities for the traffic signal at the intersection of Lambert Lane and La Cholla Boulevard; and WHEREAS, it is in the best interest of the Town of Oro Valley to enter into an IntergovernmentalAgreement,A reement, attached hereto as Exhibit "A", with the Regional Transportation Authorityof Pima County and that Mayor and of Oro Valley of the Town are authorized to approve such Agreement. provide the RTA shall construction funds in the amount of $900,000.00; and WHEREAS, the Town shall be responsible for approximately $156,000.00 for design and staff costs. ED BY THE MAYOR AND THE TOWN low THEREFORE, BE IT RESOLVED, COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA: g 1. That the Intergovernmental Agreement, attached Exhibit "A" and incorporated herein by this hereto a s reference, byand between the Regional tion Authority ty of Pima County for the construction of Lambert Lane / La Cholla Blvd. Intersection & Signal Improvement. y 2. That the Mayor is authorized to execute the agreement on behalf of the Town of Oro Valley. 3. That various Town administrative officials and to ees are hereby authorized to take employees such steps y necessary to execute and implement the terms of the Intergovernmental Agreement. y PASSED AND ADOPTED by the Mayor and Town Council of the Town of 410 Oro Valley, z 1 Arizona thiss r day ofEPhrii. rte.,, 2007. TOWN OF ORO VALLEY, ARIZONA Paul H. Loomis, Mayor ATTEST. APPROVED AS TO FORM: Kathryn E. Cuvelier, Town Clerk Melinda Garrahan, Town Attorney Date Date INTERGOVERNMENTAL TRANSPORTATION FUNDING AGREEMENT BETWEEN THE REGIONAL TRANSPORTATION AUTHORITY OF PIMA COUNTY AND Town of Oro Valley FOR DESIGN AND CONSTRUCTION OF IMPROVEMENTS TO Lambert Lane/La Cholla Blvd Intersection & Signal ThisAgreement") is entered into by and between the Regional Agreement (hereinafter"the �� a special taxingdistrict Authorityof Pima County("RTA" or"the Authority"), p Transportation 30 of the Arizona Revised Statutes(A.R.S.), and Town of formed pursuant to Title 48 Chapter corporate of the State of Arizona( the Lead Agency")pursuant to Oro Valley, a body politic and rp A.R.S. § 11-952. RECITALS I MOW the Authority A.R.S.§ 48-5301, et seq., authorizes to act as a regional taxing authority for the purpose of fundingmulti-modal transportation operations and improvements p identified in the Regional Transportation Plan ("the Plan") approved by the voters at the special election held in Pima County, Arizona, on May 16, 2006. B. The governing board of the Authority composed is of representatives of each member of the regional councilgovernments of in accordance with A.R.S. § 48-5303. 4 8-5 3 04 (12),the overning board of the Authority has sole C. Pursuant to A.R.S. § g authority to implement the elements of the Plan. D. Pursuant to A.R.S. § 48-5304 (13),the overning board of the Authority shall coordinate g the implementation of the Plan among the local jurisdictions. on Fund was established by the Arizona Legislature per A.R.S. § E. A Regional Transportation 48-5307 to be the repository re osito for those funds collected for the purpose of funding the transportation projects identified in the Plan. byA.R.S. 48-5 304 (16) and 48-5308 to administer and F. The Authority i s authorized §§ distribute the regional transportation ortation funds to the members of the Authority and to sell bonds in furtherance of t purpose ose to fund those projects or programs identified in the Nair Plan. 1 is411tor 11-251 (4)to lay out,maintain, control and G. The Lead Agency authorized by A.R.S. § manage public roads within the Lead Agency's jurisdictional boundaries. g H. The Lead Agency may have a legal contract with one or more jurisdictions within Pima County empoweringAgency the Lead to perform roadway and other improvements outside the Lead Agency's jurisdictional boundaries. Authority wish tocooperate in the design and construction of I. The Lead Agency and the improvements to the Lambert Lane/La Cholla Intersection& Signal("the Project"). • transportation projects included in the Plan or is eligible for J. The Project is one of the trap po p j partcategorical as of a sate orical program included in the Plan. d the Project under the terms and conditions contained in K. The Authority intends to fun j thisgr Agreement and has entered into this Agreement for that purpose. isAuthorityto require that a lead agency be identified and an L. It the policy of the eq . intergovernmentalagreement(IGA)be a roved and entered into by the Authority and pp for fundingrequests reimbursement or payment can be processed by the Authority. M. Town of Oro Valley has been identified as the Lead Agency for the Project and will be responsible for all aspects of projectimplementation im lementation including,but not limited to, management,risk management, design,right of way acquisition and b planning, project � •semen award, execution and administration of the design and construction, advertisement, construction contracts for the Project. N. The RTA's Administrative Code will control all payments and other procedures unless otherwise specified herein. Q. The Authority Agency and the Lead A enc may contract for services and enter into agreements with one another for joint and coo rative action pursuant to A.R.S. § 11-951,et seq. pe NOW, THEREFORE,the Town of Oro Valleyand Authority,pursuant to the above and in consideration of the matters and things set forth herein, do mutually agree as follows: AGREEMENT gr 1. Purpose.The purpose of this Agreement is to set forth the responsibilities of the parties for the design, construction, maintenanceoperation and o eration of the Project and to address the legal and administrative matters among the parties. 2. Prodect • . The Project consists of , as more fully depicted in the attached Exhibit A, including the following: project Jro Detailed •ect scope and schedule. 2 • breakdown of items eligible for reimbursement by the Authority b) Project budget and cost g , attributable to Project. includinganyproposed billing of staff time directly c) Total amount of RTA funding allowed for the Project plus a breakdown of any other regional, local, federal or state funding available. phases, Projectif applicable, and any additional Designation of pp related agreements. e) Estimated construction start date and duration of construction. f) Projected cost reimbursement timeline. g) Identification of the LeadAgency's A 's dulyauthorized representative for signing and y submitting payment requests. Agreement shall become effective upon filing a fully executed 3. Effective Date; Term. This . • Pima CountyRecorder and shall continue in effect until all original with the office of the Pi improvementsconstructedpursuant to this Agreement are completed, all reimbursement to the Project have the Lead Agency payments to g Y are concluded, and all warranties applicable expired. 4. Responsibilities of the Lead Agency. be responsible for the design, construction and/or installation a. The Lead Agency shall po accordance with this Agreement and all applicable public roadway, of the Project in g traffic signal, and street lighting tin designand construction standards. Design Standards or are federal, state, countymunicipal standards for engineering,traffic, safety or p gait. design. Examples of Design Standards include the American public works facilitiesgn p Association Highway of State Hi hwa and Transportation Officials and Federal Highway Administration standards for highway engineering and construction,the Pima County/City o � f Tucson Standard Specifications for Public Improvements,the Pima Design County RoadwayManual, October 2002 revision, the Pima County Department of Transportation/Cityof Tucson Department of Transportation p Pavement MarkingDesign Manual, and Pima County and municipal design guidelines for roadwaylane widths and level of drainage protection. contractors are employed to perform any portion of the Project,the b. If consultants or he shall be responsible for the contracts for design Lead Agency and construction of t p Project and shall select the consultants and contractors to be used on the Project. The Lead Agency provide shallimmediately to the Authority copies of any and all contract documents and related materials upon request by the Authority. The Lead Agency shall retain the usual rights of the owner of a public contract including the authority to approve changes and make payments. However, any changes to the Project which would result in the final project cost deviating,by ten or more percent, from the Authority's budget's bud et amount for the Project, must be approved by the Authority in advance of those changes being made, regardless of the fact that the Authority will not be paying for them. p c. The Lead Agency shall be responsible for all traffic management, including public notification, during construction of the Project. Nor 3 1 operate and maintain the improvements during and after d. The Lead Agency shal p completion of construction. e. The final cost of the Project shall be that amount necessary to complete the Project includingwork incorporated into the Project by change orders and any unanticipated rp the Lead Agency. The Lead Agency shall be responsible amendments executed by for all Project costs in excess of the RTA funds contributed to the Project. rcise its power of eminent domain, if necessary,to acquire f. The Lead Agency shall exe property needed for the Project. will be responsible for assuming all risks associated with the g. The Lead Agency p gn that are assi ed to another agency or jurisdiction that has Project except those agreed to that assumption. h. The Lead Agency shallrequire re uire its contractors performing any portion of the Project to name the Authority as additional insured and additional indemnitee in all of the Lead Agency's construction contracts for the Project. The Lead Agency shall also contractors to name the Authority as an additional beneficiary in any require its performance and payment related assurances posted for the Project. i. shall be responsible for preparing and submitting to the Authority, The Lead Agency p week of each month or as otherwise specified herein, invoices for within the first payment signedduly bya authorized representative of the Lead Agency and which 4include sufficientbackground back ound information documenting payments made to contractors,vendors or any eligible eli ible costs identified in this Agreement or the RTA's Administrative Code. The Lead Agency must retain and certify all vendor and anyrelated Pro•ect records as needed and ensure that they are receipts, invoices J available for review w for a minimum of five (5)years after final payment is made unless otherwise specified herein. j. shall be responsible for submitting a status report describing its The Lead Agency p J adherence to the Pro'ect scope, schedule and budget with each request progress and for payment. 5. Responsibilities of Authority. a. Upon receipt of authorized payment a ment requests,the Authority shall convey to the Lead P Agency RTA funds in the amount specified in Exhibit A on a reimbursement basis specified herein. All payments and reimbursements shall follow the unless otherwise p ym policies outlined in the RTA's Administrative Code. b. Reimbursements will generally enerall be based on the Project schedules established by the Lead Agency and contained in Exhibit A. 4 review all payment requests to confirm that the request is for c. The RTA staff vvi l l p ym q reimbursement of costs incurred bythe Lead Agency for the Project. If the Authority information is needed,the Lead agency will be notified of determines that additional' information within five days of the receipt of the invoice by the request for additional RTA. by d. Upon approval of the request RTA,the payment invoice will be processed for payment within ten working days of the invoice submittal. e. RTA shall providenecessary allcooperation and assistance to its fiscal agent to process all payment requests from the Lead Agency. • mayterminate this Agreement for material breach of the 6. Termination. Either party allegedly Prior to anytermination under this paragraph,the party g y Agreement by the other party. default. The inwritten notice bythe other party of the nature of the alleged default shall be given is not cured shall have forty-five days to cure the default. If the default party said to be in defaultrtY . • mayterminate this Agreement. Any such termination shall not within that time,the other party relieve either party from liabilities or costs already incurred under this Agreement. 7. Non-assignment. Neither party to this Agreement shall assign its rights under this Agreement g without written permission from the other party to this Agreement. to any other party 8. Construction of Agreement. a. Entire agreement. This instrument constitutes the entire agreement between the parties pertainingto the subject matter hereof, and all prior or contemporaneous agreements and understandings, oral or written, are hereby superseded and merged herein.. Any exhibits to this Agreement are incorporated herein by this reference. b. Amendment. This Agreement maybe modified, amended, altered or changed only by written agreement signed by both parties. interpretation. Allprovisions of this Agreement shall be construed c. Construction and to be consistent with the intention of the parties as expressed in the Recitals hereof. d. Captions and headings. The headings used in this Agreement are for convenience only and are not intended to affect the meaning of any provision of this Agreement. the event that anyprovision of this Agreement or the application e. Severability. In thereof is declared invalid or void bystatute or judicial decision, such action shall provisions and their application,which can be given effect have no effect on other p rov invalid or void provision or application, and to this extent the provisions without the severable. In the event that any provision of this Agreement is of the Agreement are declared invalid or void,the parties agree to meet promptly upon req uest of the other attempt to reach an agreement on a substitute provision. party in an p err. 5 g f. This Agreement is subject to the provisions of A.R.S. § 38-511. 9. Ownership of Improvements. Ownershipand title to all materials, equipment and p . appurtenances installedpursuantAgreement to this A eement shall automatically vest in the Lead Agency upon completion of the Project. 10. Legal Jurisdiction. Nothing in this Agreement shall be construed as either limiting or extending legaljurisdiction the of the Lead Agency or the Authority. • i s not intended bythis Agreement to, and nothing contained in this 11. No Joint Venture. It 1 be construed to,create any partnership,joint venture or employment Agreement shall relationship between thepartiesany or create employer-employee relationship between the Lead Authority employees, Agency employees.or between Authority and any Lead Agency and any Neither party shall be liable for anydebts, accounts, obligations nor other liabilities whatsoever the other party's obligation to withhold Social of the other, including (without limitation) Security and income taxes for itself or any of its employees. • Beneficiaries.Nothingin the provisions of this Agreement is intended to 12. No Third Party h to or rights in third parties not parties to this Agreement or affect the create duties or obligations . g a to the Agreement byimposing any standard of care different from legal liability of either party gr' the standard of care imposed by law. 13. Compliance with Laws. parties The shall comply with all applicable federal, state and local New laws, rules, regulations, standards and executive orders,without limitation to those designated within this Agreement. Anti-Discrimination. The provisions of A.R.S. ' 41-1463 and Executive Order a. Number 99-4 issued bythe Governor of the State of Arizona are incorporated by this reference as a part of this Agreement. �' b. Americans with Disabilities Act. This Agreement is subject to all applicable provisions of the Americans with Disabilities Act(Public Law 101-336, 42 U.S.C. 12101-12213) le federal re ulations under the Act, including 28 CFR Parts 35 and 36. and all applicab g Compensation. An employee of either party shall be deemed to be an c. Workers' p P . "employee" public agencies,while performing pursuant to this Agreement, for of both g � purposes of A.R.S. ' 23-1022 and the Arizona Workers' Compensation laws. The primary employer shall be solelyliable for any workers' compensation benefits, which Each shall post a notice pursuant to the provisions of A.R.S. ' 23-906 may accrue. party in substantially the following form: Allemployees are em to herebyfurther notified that they may be required to work under the jurisdiction or control or within the jurisdictional . boundaries of another public agency pursuant to an intergovernmental agreement or contract, and under such circumstances they are deemed by the laws of Arizona to be employees of both public agencies for the 6 purposes of workers' compensation. • anybreach of anyterm, covenant or condition herein 14. Waiver. Waiver by either party of contained shall not be deemed a waiver of any other term, covenant or condition, or any ch of the same or an other term, covenant, or condition herein contained. subsequent brea Y 15. Force Majeure. A party shall not be in default under this Agreement if it does not fulfill any of its obligations under this Agreement because it is prevented or delayed in doing so by reason of uncontrollable forces. The term"uncontrollable forces" shall mean, for the purpose of this Agreement, any cause beyond the control of the party affected, including but not limited to failure of facilities, breakage or accident to machinery or transmission facilities, weather conditions, flood, q earthquake, lightning,li htnin , fire, epidemic, war, riot, civil disturbance, sabotage, strike, lockout, labor dispute,boycott,material or energy shortage, casualty loss, acts of God, or action or non-action by governmental bodies in approving or failing to act upon applications for approvals or permits which are not due to the negligence or willful action of the parties, order of any government officer or court(excluding orders promulgated by the parties themselves), and declared local, state emergency,or national emer , which, by exercise of due diligence and foresight, such party could nothave reasonablybeen expected to avoid. Either party rendered unable to Pe fulfill any obligations by bli ations reason of uncontrollable forces shall exercise due diligence to remove such inability with all reasonable dispatch. 16. Notification. Allp notices or demands upon any party to this Agreement shall be in writing, unless other forms are designated elsewhere, and shall be delivered in person or sent by mail addressed as follows: ty• The Authority: Town of Oro Valley: Craig Civalier, Town Engineer 11,000 N. La Canada Drive Oro Valley, Arizona 85737 Either maypursue anyremedies provided by law for the breach of this 17. Remedies. party Agreement. No right or remedyis intended to be exclusive of any other right or remedy and each shall be cumulative and in addition to anyother right or remedy existing at law or in equity or by virtue of this Agreement. g may 18. Counterparts. This Agreementbe executed in two or more counterparts, each of which shall bedeemed an original,but all of which together shall constitute one and the same instrument. The signature pages es from one or more counterpart may be removed from such counterpart and attached to a single instrument. In Witness Whereof, Town of Oro Valley has caused this Agreement to be executed by the , upon resolution of the attested to by the and the Authority has caused this Agreement to be executed by its Chair of the Board. %B. 7 REGIONAL TRANSPORTATION AUTHORITY OF PIMA COUNTY Ramon O. Valadez, Board Chair Date Town of Oro Valley: Mayor Paul Loomis Date ATTEST: Kathryn Cuvelier, Town Clerk Date The foregoing Agreement between Town of Oro Valley and the Authority has been approved as to content and is hereby recommended by the undersigned. Mr. Gary Hayes, Executive Director Date • ATTORNEY CERTIFICATION The foregoing Agreement by and between the Regional Transportation Authority of Pima County and Town of Oro Valley has been reviewed pursuant to A.R.S. Section 11-952 by the undersigned who have determined that it is in proper form and is within the powers and authority granted under the laws of the State of Arizona to those parties to the Agreement. Regional Transportation Authority of Pima County: Thomas Benavidez, Attorney for the Authority Date Town of Oro Valley: Melinda Garrahan, Town Attorney Date CIP 8 Exhibit A— Construction to Lambert Lane/La Cholla Intersection & Signal 1. RTA Ballot Project/Program Number: 36 2. RTA Plan Project Element or Program Category: Safety Element 3. TIP Project Number: 16.07 4. Project Name: Lambert Lane/la Cholla Intersection& Signal 5. Typeof Work(Pre-design,Design, Right-of-way, Construction, other) i. Pre-Design ii. Design iii. Right-of-Way iv. Construction X v. Other 6. Project Manager for Status Reports (Include Contact Information): Jose N. Rodriguez,ri PE,Engineering Division Manager—Town of Oro Valley g g Office: 229-4872 Cell: 940-1937 E-Mail:jrodriguezorova11eY.flet 7. Authorized representative for signing and submitting payment requests (Include Contact Information) Jose N.Rodriguez,PE,Engineering Division Manager—Town of Oro Valley Office: 229-4872 Cell: 940-1937 E-Mail:jrodriguezorova1IeY.flet Lynn Garcia, Contract Administrator—Town of Oro Valley Office: 229-4875 E-Mail: lgarcia@orovalley.net 8. Map of Project Limits and Municipal Boundaries: Attached p 9. Narrative description of scope of Project,what improvements are included and intent of Project(Discuss any problems and how Project addresses same). Project Summary for: Lambert Lane/ La Cholla Blvd Intersection & Signal This1ro'ect consists of installing a traffic signal at the intersection of p Lambert Lane and La Cholla Boulevard. The existing intersection is a four-way stop controlled. All four legs contain the shared left, through and right turn lane configuration causing severe congestion, especially during peak hours. This project will provide a left turn lane at all four legs thus improving the substandard geometry. The traffic signal and new geometric design will provide a safer vehicular movement by increasing the capacity and reducing congestion and travel time. Furthermore, this will be the last major intersection along La Cholla Boulevard from Tangerine Road to Ina Road to be signalized - Tangerine/La Cholla and Naranja/La Cholla intersections are signalized and Overton / La Cholla is currently under construction to be signalized (RTA funded). construction start date: May estimated 23, 2007 411111, The estimated construction completion date: June 29, 2007 10. o Total maximum amount of Authority funding allowed for the Project or Project component under this Agreement. $900,000, 11. Total Projectany cost and breakdown of other regional, local, federal and/or state funding, if applicable,to meet that cost. RTA funds Local Funds (please specify) $156,800 Impact Fees and Local Funding Regional Funds(STP, 12%) Other(please specify) 12. Detailed budget Project bud et and cost breakdown identifying total cost of eligible items sought for reimbursement from the Authority, including any proposed billing of g staff time directly attributable to the Project. Estimated Estimated Item In-House Staff Consultant/ Costs Contractor Costs Project j ect Mana ement 1.5%of Management construction cost= $13,500 Estimated Estimated Item In-House Staff Consultant/ Costs Contractor Costs Design 5% of Design $86,000 cost= $4,300 _ Right-of-way acquisition Construction 5%of $900,000 construction cost= $45,000 Design concept reports Environmental studies Bicycle lanes Pedestrian improvements Utilityrelocations $6,400 (In-house review) Drainage improvements Noise, privacy, screen wall, and other buffers Environmental mitigation Public Art Public Outreach $1,600 (In-House meetings) Critical wildlife linkages and trails Now Contingency Other(Specify) Sub Total $70,800 $986,000 Total $1,056,800 13. Identificationproject of 'ect p hases or components not covered by this Agreement and the need for future agreements, if any, to cover those items. N/A 14. Estimated construction start date and duration of construction. Start: May 23, 2007 Finish: June 29, 2007 15. Projected cost reimbursement timeline (to be used by Authority for cash flow � planning). Reimbursement Submittal Date Estimated Reimbursement Amount October 1, 2006 (Use estimated date of 1st bill) November 1, 2006 December 1, 2006 January 2, 2007 February 1, 2007 March 1, 2007 April 1, 2007 May 1, 2007 June 1, 2007 $300,000 July 1, 2007 $400,000 August 1, 2007 $200,000 September 1, 2007 October 1, 2007 November 1, 2007 December 1, 2007 January 2, 2008 February 1, 2008 March 1, 2008 April 1, 2008 May 1, 2008 June 1, 2008 July 1, 2008 August 1, 2008 September 1, 2008 October 1, 2008 November 1, 2008 December 1, 2008 January 2, 2009 February 1, 2009 March 1, 2009 April 1, 2009 May 1, 2009 June 1, 2009 July 1, 2009 August 1, 2009 September 1, 2009 (Provide monthly estimates until completion/final billing) ,y . _ — - i„,_ ..::,..... -. .... -:...... . ,_ 0, .,._ .___ .-_,, .,, ,__ A ,,,,,. ., -*_...... ift j-__ . igii , ' -•:- • -,--T--- 4--..,', ------- -.tit---- - . , ....,-- ,_ -;,_-_, a ,,,, - i,,,,„.. -I. - . .,,,,, ,.. ,-,, ...,.. :,,,..... .... ...: .. . . . .: 41ir ,.., .‘, ..,•,,,. ,.., , .., ,..,.,.,•r.r. _ „. ,.,...,:_ _ .,:, .A ....„., ,-,....,.., ._1..,„,.-,,,._ ..,..,_-- .*44.. -...... ,-1.,-,,), •. , , * ::_lijotifi,".-.,:...„,, ...t.T.. _T,.._. ---: '-*--, -,::- .,-,,,,,,,--..-...."-„-,..•----.--,- , a. *..,... -,,,,,,,-,,-,:,.,,, --,itsj-'1-4i,,---,_,-; - . ,:- , ..."-:.1.;--__,f, .:,-4,-,. ., ,:-.1-_,. :.,,,:--47--'‘•-::,,,i.,_•;:i.4 -(,---ilk,.._,,,,,, : 4,,/144,**4 4. , ,' "`.--..,..,:i4L...-.,-..-,41,1.;,..!;•:';:i.,,,.7:::,,,,--•::,...-,-.4,-',,,,'....7..-• ,- • •- : . -,"),tt, _ - 1.„ ��`'` I ;a � � � +� rabs '� �_ `- ;ii 46, ?'. -.f- '*:F tet _ ..4 :r �4 z 7*" if � '''$.1.7 - g • 'M1k �4. �s ,.4-".:',.� •- � ,1 , . , ,ii,,,.,,, -s. : . .2.... ....... ,--,-.; ...- ..._-, .: ,•-.-. ..,•-.....-.., -.:.- .4,:,-,,., ' .. .--. ..t ',.. .'",'!;# f gym. �do--,...,3,..,,,;Oka • �'� � f �, { ° 4. ,.,..., .,„.-.34 i,._- :„.-.,,t•-.. , V 1 44.,1- -*,;-'4,-..-,.':-... !.,' •.-4.44k I. *ii, .,4.‘i's., - :, .1 .4._, .„,.4....:':'''-''''-'''fi7''..''''-‘2,,,::::'-ivii4,,%;'..-:-:,- .-7***c 41' .---'.."'-'7.-7;:-17:„.-...;:;::''.., ':•-:,44---,.,.4t.';'ii•I'lk,:.:i1:•-:-.......,"::.- :,,-ii,t,4.-. .,,,,... _. ,.. 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MI A _., {, ,` �4 .� .mac • ,'7-;.-•�"_ • a 4 i it• kth. - .. :,, 4 _ arx , _ `rte ,... .1N,.4 Nit, - ,'". .'---31, .17111*...4101."' *VI' 41,* '-, -':', .7,-;',.. i.. ,,, 1 xt F 114:',ea,-it*116.00,', .:1111:4.44.- -.• .:;1. -. ; .'--, 1 I MOORE LAMBERT LN/LA CHOLLA BLVD (r)A — - TAN ERINE O INTERSECTION &SIGNAL IMPROVEMENT5 O NA UPV. . \ •J410t,' w {IME.T 6 .II Q LINDA I _ VISTA Lt_EY q,Q� 0 CAL! N1P 't 0 ' �O I •VERTU /� C•► �i'DIA 1 RD1( � -,._ -7 _, ICOF,T d .. > •.'4 O Q y !,: MAGES z 4''''' ' - - • ,-, -,., --,-_,- o E , co T, ,. Aiillpj,,,,,,:[,,,,,.:,-11 . . . . 'T` 5 Od ' IN 0 ..........----air.".. lit I- t- r ND ED J TOWN OF ORO VALLEY COUNCIL CONIlVIUNICATION MEETING DATE: February 21, 2007 Tp; HONORABLE MAYOR&COUNCIL MEMBERS FROM: Philip C Saletta,P.E.,Water Utility Director SUBJECT: Resolution No. (R) 07-25 A Resolution of the Town of Oro Valley,Arizona,Declaring that Certain Document Known as Article 15-23 of the Town of Oro Valley Town Code, Entitled "Backflow Prevention and Cross-Connection Control Program" to be a Public Record. SUMMARY: The Town of Oro Valley originally adopted a Backflow Prevention and Cross-Connection Control Ordinance in January 1998 pursuant to statutory requirements that water providers have the responsibility to prevent contamination of public water systems from backflow. The responsibility begins at the source and includes the entire water supply distribution system and ends at the user connection (typically the water meter). Additionally, the water provider has the responsibility for promulgating and enforcing laws, rules, regulations and policies necessary to fulfill the designated responsibilities. The attached backflow prevention and cross-connection control ordinance is a revision of the original ordinance. The major changes include: • backflow prevention requirements for class 1 and 2 fire systems • backflow prevention requirements for graywater • backflow prevention requirements for reclaimed water • test notification policy was modified to allow for two customer notices instead of three. • policy to address non-compliance issues with commercial accounts - OVWU will perform testing if necessary • changes to the penalties and fees sections • general language changes The Town's Legal Department extensively reviewed the attached code. In addition, the proposed changes were discussed with members of the Arizona Backflow Prevention Association (ABPA). Some of the comments received from ABPA were incorporated into the proposed code. Others were not pertinent to the Town and/or the protection of the public water distribution system. The proposed Backflow Prevention and Cross-Connection Control Program was presented to the Water Utility Commission on January 8, 2007 and was unanimously approved to forward to the Town Council for their consideration. FISCAL IMPACT: There is no financial impact to the Town as a result of approving this resolution. TOWN OF ORO VALLEY COUNCIL COMVIUNICATION PAGE 2 OF 2 RECOMMENTATION: Staff respectfully recommends that the Mayor and Council approve Resolution No. (R) 07- 25 a resolution declaring the Backnow Prevention and Cross-Connection Control Program be a public record. SUGGESTED MOTION: I move to approve Resolution No. (R) 07-25 , declaring the Backflow Prevention and Cross-Connection Control Program,attached as Exhibit"A",be a public record. ATTACHMENTS: 1. Backflow Prevention and Cross-Connection Control Program Code 94 - � L.764 Water Utility�irector +111► Town Manager 'tufty RESOLUTION NO. ( R) 07- 7, A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, DECLARING THAT CERTAIN DOCUMENT KNOWN AS ARTICLE 15-23 OF THE TOWN OF ORO VALLEY TOWN CODE, ENTITLED "BACKFLOW PREVENTION AND CROSS- CONNECTION ON CONTROL PROGRAM" TO BE A PUBLIC RECORD BE IT RESOLVED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, that certain document entitled "Backflow Prevention and Cross- Connectionof the Town of Oro Valley Town Code, Article 15-23, three Control Program ublic copies of which are on file in the office of the Town Clerk, is hereby declared to be a p record, and said copies are ordered to remain on file with the Town Clerk. PASSED AND ADOPTED By Y THE Mayor and Council of the Town of Oro Valley, Arizona, this 21st day of February , 2007. TOWN OF ORO VALLEY /411100. Paul H. Loomis, Mayor ATTEST: APPROVED AS TO FORM: Kathryn E. Cuvelier, Town Clerk Melinda Garrahan, Town Attorney Date: Date: FAndividual Files\sseng\Resolutions\Resolution Public Record.BackOow Ordinance.doc Town of Oro Valley Town Attorney's Office/ca/012607 EXHIBIT "A" lior BACKFLOW PREVENTION AND CROSS-CONNECTION CONTROL PROGRAM Section I. Purpose The purposes of this backflow prevention and cross-connection control program are as follows: thepublicpotable water supply for the Town of Oro Valley from the possibility A) To protect pp of contaminationor pollutionby preventing the backflow of contaminants and pollutants. B) To promote the elimination or control of cross-connections, actual or potential, between a customers' systems, plumbing internal water s stemsfixtures, industrial piping systems, and the public water supply. C) To provide for a continuing "service protection" program of cross-connection control that will prevent the contamination or pollution of the public potable water supply system. cross-connectionproblem is specifically identified, or as otherwise provided in this D) Unless a p q Section, the requirements of this Section shall not apply to single family residences used solely for residential purposes. Section II. Definitions ADEQ: Arizona Department of Environmental Quality Auxiliary WaterSupply: Any Su 1 : water supply on or available to any premises other than the public potable water supply.1 . These auxiliary water supplies may include, but are not limited to, water from ys potable anotherutilit ' water system or from any source such as a well, spring, river, pond, lake, reservoir, stream or any other body of water. AWWA: American Water Works Association. flow of water within a potable water system that is the reverse of that intended, Backflow: A thus allowing nonpotable water to flow into a potable water pipe. p Backflow Prevention Assembly: An assemblance of one or more body components including shutoff valves thatapprovedby has been the Foundation for Cross-Connection Control and Hydraulic Research at the University of Southern California. Backflow Prevention person AssemblyTester: A who is currently certified by an authority recognized in the Arizona Department of Environmental Quality regulations and is approved and p registered with the Utilityto test, repair, and maintain backflow prevention assemblies. 1 F:'\Individual Files',sseng'\Ordinances\Backflow Ordinance Update 2006 1(2).doc %or Compliance Date: by The date which the annual Backflow Prevention Assembly compliance Utility's report must be received bythe Utilit 's Backflow Prevention Section stating that the q backflow assembly meets the requirements of this code or for violations of this code, the specified date by which a violation must be remedied. Fee: fee that is charged to recover the administrative costs that are incurred Compliance The g when a customer's water service is discontinued. Anotherpublic or private water system where the Utility is the sole Consecutive Systems: source of water for the other supplier's water system. impairment of the qualityof potable water by sewage, industrial fluids, Contamination: An p waste liquids, compounds, other materials, solids, gases, or liquids to a degree which in or any the judgment of degrades the Utilityde rades the water quality and creates a health hazard. unprotected actual or potential physical connection or structural Cross-Connection: Any p arrangement of piping or fixtures between a consumer's water system and the public potable water system throughpossible which it is to introduce into any part of the public potable water system any used water, industrial fluid, gas, liquid, solid or any other substance. Examples of q such cross-connections include, without limitation, bypass arrangements, dumper connections, removable sections, swivel or changeover assemblies, or any other temporary or permanent connecting arrangement through which backflow may occur. 841110, Cross-Connection Protection: degree ofprotection The against cross-connections existing between thep ublic water supplies and private plumbing systems. person/entityaccepting financial responsibility for water service from the Customer: The p g Utility. wastewater from bathtubs, showers, wash basins, washing machines, and Graywater.• Untreated laundry tubs. Graywater does not include wastewater from toilets, urinals, kitchen sinks or dishwashers. Hazard: A cross connectionor potential otential cross connection between the public water supply and a private plumbing system involvingsubstance that could, if introduced into the public water any amination pollution, or have a high probability of causing such effects. supplies, cause cont or examination of premises or any backflow protection equipment, materials, Inspection: A visual workmanship and operational performance. • or repairs made to keep backflow prevention assemblies Maintenance means work performed p operable and in compliance. PSIG: Pounds Per Square Inch Gauge. 2 F:\Individual Files\sseng',,Ordinances`,Backtlow Ordinance Update 2006 1(2).doc Pollution: Any substance that creates an actual or potential threat to the physical facilities of the r supply systems or to the public water supplies public water y which, although not dangerous to y . health, would constitute a nuisance or be aesthetically objectionable, or could cause damage to the system or its appurtenances. Reclaimed Water: Water that, as a result of treatment of wastewater, is suitable for a direct beneficial use or a controlled use that would not otherwise occur and is not safe for human consumption. Service Connection: The terminal end of a service connection from the public potable water system where the Utility jurisdiction loses and sanitary control over the water at its point of Y delivery to the customer's water system. If a meter is installed at the end of the service connection, then the service connection shall mean the down-stream end of the meter. There should be no unprotected takeoffs from the service line ahead of any meter or backflow- prevention located at the point of delivery to the customer's water system. Service assembly connection shall also include water service connection from a fire hydrant and all other temporary or emergency water service connections from the public potable water system. g Y Service Protection acceptable means the backflow prevention method installed between the Utility's meter and a customer's private plumbing system. Utility: Town of Oro Valley Water Utility Section III. Backflow prevention required. Valley Water Utilitydetermines that the water supplied by the public water A) When Oro V y system may besubject subect to contamination or pollution, a backflow prevention method shall be required at every service connection to a customer's water system. The customer shall required backflow protection within the time specified by the Utility. In install the determining the time in which backflow protection shall be installed, the Utility shall consider the degree of hazard potential to the public water supplies. B) The backflow prevention method required shall be determined by the Utility. The method required by the Utilityshall be sufficient to protect against the hazard potential, as determined by the Utility, to the public potable water supply. C) Residential service connections will be exempt from backflow prevention unless it is determinedUtility bythe that the potable water supplied by the public potable water system may be subject t to contamination, pollution or other deterioration of quality by conditions or potential conditions within the customer's water system. Section IV. Hazard potential of hazard to the public potable water supply system from a customer's Cow The potential degree water supply 1 system shall be determined using the following hazard factors: F:1lndividual Files\sseng\Ordinances`Backflow Ordinance Update 2006 I(2).doc potential condition, device or practice which, in the judgment of the A) Health: Any actual or Utility, may create a threat of contamination to a potable water supply or may create a Y danger to the health and well-being of the potable water consumers. An actual orpotential plumbing cross-connection in a customer's water supply B) Plumbing: that has not been protected by an approved backflow prevention assembly. A system plumbinghazard may be either a pollution or contamination hazard. • Anyactual or potential condition, device or practice which, in the judgment of C) Non-health: the Utility, maycreate a threat of pollution to a potable water supply system. • actual or potential condition, device or practice which, in the judgment of the D) System: Any Utility may create a threat of severe damage to the physical properties of a potable water or that would have a protracted effect on the quality of the potable water in supply system the system. Section V. Backflow prevention methods; list All backflow prevention assemblies shall be installed, maintained and tested in accordance with the parameters of the manufacturer and the Utility. The following are the approved types of backflow prevention assemblies which the department may require. (See Appendix A for schematics and additional information) A) Air Gap (AG): The unobstructed vertical distance through free atmosphere between the lowest point of a water supplyoutlet, pipe or faucet supplying potable water to a tank, plumbing fixture or other device and the flood level rim of the tank, plumbing fixture or other approvedair gap An shall be at least twice the diameter of the supply pipe or faucet and in no case less than one (1) inch. B) Reduced Pressurep Principle Assembly (RPA): A backflow prevention assembly containing two independently approved action a roved check valves together with a hydraulically operating, pressure independent endent differential relief valve located between the check valves, and at the same time below the first check valve. The assembly shall include Gated test cocks and tightlyclosing shut-off valves at each end of the assembly. properly to C) Reduced Pressurep Principle Detector Assembly (RPDA): An assembly composed of a line reducedpressure principle assembly with a bypass containing a specific sized approvedp p water meter and an approved reduced pressure principle assembly. k Valve Assembly A backflow prevention assembly composed of two D) Double Chec independently acting, approvedincluding check valves, tightly closing shut-off valves located at each end of the assembly and fitted with properly located test cocks. E) Double Check Detector Assembly (DCDA or DDCVA): An assembly composed of a line 1/4110, size approved double check valve assembly with a bypass containing a specific water meter and an approved double check valve assembly. 4 F:\Individual File.seng\Ordinances\Backflow Ordinance Update 2006 I(2).doc F) Pressure Vacuum Breaker Assembly (PVB): A backflow prevention assembly containing an independently operating, loaded check valve and an independently operating, loaded air p inlet valve located on the discharge side of the check valve. The assembly shall be equipped with properly located test cocks and tightly closing shutoff valves located at each end of the assembly. G) Spill-Resistant Pressure Vacuum Breaker (SVB): An assembly containing an independently operating internally loaded check valve and independently operating loaded air inlet valve g located on the discharge side of the check valve. The assembly shall be equipped with a properly located test cock, properly located bleed/vent valve and tightly closing resilient seated shutoff valves located at each end of the assembly. Any backflow prevention equipped assemblye ui ed with test cocks shall have been issued a certificate of approval by the USC Foundation for Cross-Connection Control and Hydraulic Research. Any backflow prevention equipped assemblynot e ui ed with test cocks shall be certified by a third party entity unrelatedto product's the manufacturer or vendor and approved by the ADEQ. Section VI. Backflow prevention methods required A) A backflow-prevention assemblyshall be installed on each service line to a customer's at or near the property line on private property or immediately inside the water system p p Y building being se , rved• but in all cases, before the first branch line leading off the service line wherever the following conditions exist: premises In case the of having an auxiliary water supply, the public water system shall be protected against backflow from the premises by installing an AG or RPA. 2. In the case of premises on which any industrial fluids or any other objectionable substances are handled in such a fashion as to create an actual or potential hazard to the public water system, the public system shall be protected against backflow from premises byinstallinga backflow-prevention assembly in the service line, the appropriate to the degree of hazard. This shall include the handling of process waters g and waters originatingfrom the Utility system that have been subject to deterioration in quality. AG, RPA, or DC. 3. In the case of premiseshaving (1) internal cross-connections that cannot be permanently corrected and controlled, or (2) intricate plumbing and piping arrangements portions or where entryto all of the premises is not readily accessible for inspectionpurposes, making u it impracticable or impossible to ascertain whether or not cross-connections exist, the public water system shall be protected against backflow from the premises by installing an AG or RPA. 4. In the case of any premises where there is the potential for pollution, the public water system shall be protected by an approved DC, PVB, or SVB. potable water connection for any use,Temporary including construction sites and jumpers shall uire a RPA provided and maintained by the Utility. q 5 F:\Individual Files\sseng\Ordinances\Backflow Ordinance Update 2006 I(2).doc When two or more of the aforementioned conditions exist on the same premises and are 441.1, B) . bythe same service connection, the most restrictive backflow protection required for served any oq f conditions shall be required to be installed at the service connection. The order of most restrictive to least restrictive backflow protection shall be as follows. 1. Air Gap (AG). 2. Reduced Pressure Principle Assembly(RPA). 3. Reduced Pressure Principal Detector Assembly(RPDA). 4. Double Check Valve Assembly(DC). 5. Double Check Detector Assembly (DCDA). 6. Pressure Vacuum Breaker Assembly (PVB). 7. Spill Resistant Pressure Vacuum Breaker(SVB). Section VII. Backflow prevention methods required for Reclaimed Water and Graywater Systems A) There shall be no cross-connections between reclaimed water or graywater systems and potable water systems. Prior to service, all connections to the reclaimed water system shall be e reviewed inspected, and approved by the Utility's backflow prevention section. B) Where both reclaimed water and potable water are supplied to a reclaimed water use area, a reducedpressure principle backflow prevention device (RPA or RPDA) or an approved air gap (AG) separation shall be installed at the potable water service connection to the use p area. C) Where potable water is used to supplement a reclaimed water system, there shall be an air gap (AG) separation,aration, app roved and regularly inspected by the Utility, between the potable water and reclaimed water. D) Premises GraywaterSystems using S stems shall install a RPA at the potable water service connection to the property. E) Parts, tools, gauges, and/or other equipment required for the maintenance and testing of g backflow prevention devices on the reclaimed water system shall not be used on the potable system. All backflow prevention maintenance and testing equipment for the reclaimed water system shall be color-coded purple. Section VIII. Backflow prevention assembly installation requirements A) Backflow prevention assemblies shall be installed and maintained by the customer, at the customer'sexpense compliance and in with the standards and specifications adopted by the Utility, at each service connection. The customer is responsible for notifying the Utility of any installation, repair, relocation or replacement. B) The backflowpreventionassembly shall be installed on private property in an accessible location ground,above as close as possible to the service connection with proper clearances in accordance with the current set of standard details approved by the Utility for backflow 6 F:Individual Files\sseng\Ordinances`Backflow Ordinance Update 2006 1(2).doc prevention assemblies. (See A endix A) The backflow prevention assembly shall be pp installedfollowing immediatelythe meter and in all cases before the first branch line. The assembly shall have a diameter equal to or greater than the diameter of the service a y connection. Each service connection will require its own backflow prevention assembly. q C) When a customer requires a continuous water supply, two (2) or more backflow prevention assemblies of the same type shall be installed parallel to one another at the service connection to allow a continuous water supply during testing of each individual backflow prevention assembly. When backflow prevention assemblies are installed parallel to one another, the sum of the cross-sectional area of the assemblies shall be equal to or greater than the cr oss-sectional area of the service connection or service line piping at the point of installation. Air Gapinstallation, all iping installed between the customer's connection and D) For an A p the receivingtank shall be entirely visible unless otherwise approved in writing by the Utility. or SVB assemblymaybe installed for use on a landscape water irrigation service if E) A PVB all of the following criteria are met. In all other circumstances, an RP assembly is required: 1. The water use beyond the assembly is for irrigation purposes only; 2. The PVB/SVB is installed in accordance with manufacturer's specifications; 3. Theirrigation irri ation sYstem is designed and constructed to be incapable of inducing backpressure; 4. Chemigation,ation the injection of chemical pesticides and fertilizers, is not used or provided � for in the irrigation system; and 5. No other source of water is available on the premises. F) No person shall alter, modify, bypass or remove a backflow prevention method without the Yp approval of the Utility. of the backflow prevention assembly must be completed within the time G) Installation specified bythe Utility. A time extension may be granted by the Utility. p H) If a customer fails to install a backflow prevention assembly pursuant to this article, the Utility shall discontinue water service and assess a compliance fee pursuant to this article. ' ' inspection of the customer's system, that a backflow I) If the Utility determines, after p prevention method less restrictive than that required in Section VI (A)will provide adequate . protection of thepublic water supply, the Utility may, at its sole discretion, modify or waive p . requirements of Section VI (A) accordingly. In determining, waiving, or modifying the backflow requirements, the Utility shall consider the hazard potential to the public water system based on the design of the customer's water system. Written notification of the decision will be provided to the property owner. F:`Individual Files\sseng'Ordinances\Backfow Ordinance Update 2006 1(2).doc Section IX. Installation of backflow prevention assemblies for fire systems Fireprotection systems mayconsist of sprinklers, hose connections, and hydrants. Sprinkler A) y systems may be d or wet, open or closed. Systems consisting of fixed-spray nozzles may be used indoors or outdoors for protection of flammable-liquid and other hazardous processes. practice,It is standard especially in cities, to equip automatic sprinkler systems with fire department pumper connections. B) For cross-connection control, fire protection systems shall be classified on the basis of water source and arrangement of supplies as follows: 1. Class 1: Direct connections from public water mains only; no pumps, tanks or reservoirs; no physical h sical connection from other water supplies; no antifreeze or other additives of any kind; all sprinkler drains discharging to atmosphere, dry wells or other safe outlets. 2. Class 2: Same as class 1, except that booster pumps may be installed in the connections from the street mains. It is necessary to avoid drafting so much water that pressure in the water main is reduced below twenty (20) PSI. 3. Class 3: Direct connection from public water supply main plus one or more of the fog storage: elevated stora e tanks; fire pumps taking suction from above-ground covered reservoirs or tanks; and pressure tanks (all storage facilities are filled or connected to public water only, the water in the tanks to be maintained in a potable condition). Otherwise, Class 3 systems are the same as class 1. Class 1, 2, and 3 systems will generally minimum protection (approved DC or DCDA) to prevent stagnant waters from back- require back- flowing into the public potable water system. 4. supplied Class4: Directlysu lied from public mains similar to classes 1 and 2, and with an auxiliary supply water su 1 on or available to the premises; or an auxiliary supply may be located within seventeen hundred (1,700) feet of the pumper connection. Class 4 systems will normally require backflow protection at the service connection. The type (AG, RPA q or RPDA) will generally depend on the quality of the auxiliary supply. 5: Directlysupplied frompublic mains, and interconnected with auxiliary supplies, 5. Class pp pumps such as: taking um s suction from reservoirs exposed to contamination, or rivers and ponds; driven wells, mills or other industrial water systems; or where antifreeze or other additives are used. Class 5 systems normally would need maximum protection (AG, RPA or RPDA) to protect the public water system. 6. Class 6: Combined industrial and fire protection systems supplied from the public water mains only, with or without gravity storage or pump suction tanks. Class 6 system protection would depend on the requirements of both industry and fire protection, and shall be determined by the Utility through a survey of the premises. 8 F:'Individual Files`sseng\Ordinances\Backflow Ordinance Update 2006 I(2).doc C Installation of Assembly: When a backflow prevention assembly is required for a water service connection supplying 1 ing water only to a fire system, the assembly shall be installed on the service line in compliance with standard specifications adopted by the Town. 1. Pressure losses across backflow prevention assemblies must be accommodated in the hydraulic design or redesign of the automatic fire sprinkler system. 2. Backflowp revention assemblies shall be installed above ground and as close to the service connection as possible on private property. When an assembly is installed in a mechanical room, sufficient drainage and space must be provided for the testing and maintenance of the backflow prevention assembly. 3. Installations shall meet current plumbing and fire codes as applicable in addition to the Utility's standard details. 4. Backflowp prevention assemblies shall be installed in a horizontal or vertical position in accordance with their listing. 5. A 45-dayinstallation permit is required for all backflow prevention assemblies. In addition, the installation must be inspected by the Utility and the assembly must be tested by a state certified backflow prevention tester before approval. The fire line contractor should make arrangements with a private backflow prevention assembly tester that is y registered with the Utility. A certified backflow prevention tester will only have responsibility for the test and repair of the backflow prevention assembly and not any p Y other component of the automatic fire sprinkler system unless that person is certified to perform testing on fire sprinkler systems. 6. Backflow prevention assemblies will be UL 1469 listed. Section X. Inspections anytime deemed necessarybythe Utility, an inspection shall be conducted to determine A) At whether any cross-connections or other hazard potentials exist and to determine compliance with this code. The customer's water system shall be available at all times during normal business hours for inspection and backflow prevention assembly testing by the Utility inspect The Utilityshall all new sites, assembly installations and assembly relocations. waivedpremises is property for which the Utility has determined there is currently no C) A p p Y hazardp otentials and therefore does not require the use of a backflow prevention system. All waivedp remises shall be inspected periodically or when there has been a change in owner/tenant or a change in use. D) If a customer refuses to allow the Utility entry for inspection purposes during business hours, the Utilitydiscontinue water service, require backflow prevention or take any may steps allowed by law to gain entry to the property. Section XI. Permit Slow 9 F:`.Individual Files\sseng`Ordinances\Backflow Ordinance Update 2006 1(2).doc • permits for all backflow prevention assemblies shall be obtained from the Utility A) Installation permit p to installation. A separate shall be obtained for each required backflow prevention assembly to be installed, including replacement or relocation. shall be the dutyof thepersonperforming the work authorized by the permit to notify the B) It . or in writing, that the work is ready for inspection. No inspection shall occur Utility, orally g sooner than twenty-four (24) hours from notification of the Utility. Any person requesting an inspection must have a good faith basis to believe that the work done will meet current p Town codes and regulations. workperformed contraryto the provisions of the International Plumbing Code, C) Any Uniform PlumbingCode, or this Code, may be subject to a work stop order by the Utility or its authorizedrepresentative.re resentatiAnypersons engaged in or causing improper installation shall be informed in writing that work must cease until the Utility authorizes the continuation of the installation. permits of incorrect information supplied, or in is issued in error, on the basis D) Whenever a . of anyordinance, regulation or any provision of the International Plumbing Code violation g or thispermitmay code, the be revoked or suspended by the Utility upon written notice. Y Section XII. Discontinuance of water service 41110, Notwithstanding subsection B , the Utility may discontinue, without notice, water service to A) Notwith g ) any customer imminent when the Utilitydiscovers any risk for contamination of the public water systems by the customer's private plumbing systems. B) Upon noticeas provided rovided in subsection C), water service is subject to discontinuation if, any of the following circumstances exists: 1. A customer has not installed a required backflow prevention method; prevention A backflow method has been improperly tested, maintained, bypassed or removed; 3. An unprotected cross-connection exists in the customer's water system; or 4. Any other violation of this code except as provided in Section XIII (J). an C) Prior to disconnectingservice connection, the Utility shall send a notice to the customer Y the condition precipitating disconnection and notifying the customer that the describing p p g condition must be remedied bythe compliance date. The compliance date shall not be less than fifteen (15) da s from the date of the notice. If compliance has not been achieved by the y compliance date, water service shall be discontinued without further notice. D) Service connectionsprinkler to a fire s rinkler sYstem shall not be subject to discontinuation under this section. If a condition which would otherwise result in discontinuation of water service, as )� described in subsection B is not remedied within the time provided in the notice sent to the customer, discontinuation of the domestic water service, excluding the connection to the fire sprinkler system, may result. 10 F.`,Individual Files`sseng,Ordinances'�.Backflow Ordinance Update 2006 1(2).doc E) In the event water service is disconnected, the existing rate for re-connection will be charged to the customer. Section XIII. Test,Notification, Maintenance, Records A) The test compliance date shall be established by the Utility. B) The Utility shall notify the customer at least 45 days before the compliance date for each backflow prevention assembly. C) The customer shall test each backflow prevention assembly at least once a year. Test intervals for any backflow prevention assembly may not exceed the compliance date established by Utility.Utili . If an inactive water service is reactivated, the backflow prevention assembly associated with that service shall be tested if more than 12 months has passed since the last test. D) Compliance testingshall occur no more than 45 days prior to the test compliance date. p E) The customer may request in writing a change of the test compliance date for any assembly. q No compliance date may be changed to be more than 12 months after the most recent test. testing F) If anyreveals the assembly to be defective or that it is in improper operating condition, the customer shall perform any necessary repairs, including replacement of the assembly, which will return the assembly to proper operating condition. If an assembly is replaced, relocated or repaired, a new test shall be performed on such assembly and submitted to the Utility. G) Each assemblyshall also be tested after installation, relocation, repair, and at least annually thereafter. An assembly shall not be placed in service unless it has been tested and is functioning as designed. At least 15 days before the compliance date, if the Utility has not received the required H) y annual test information or the backflow method/device does not meet applicable codes, the Utility shall provide a second notice in writing by certified mail. The Utility must receive the required annual test report bythe compliance date. It will be the customer's responsibility to q p contact the Utility if the repair or replacement of an assembly cannot be completed by the compliance date. For commercial services with a backflow prevention assembly under repair or replacement, the Utility must receive a failed test form by the compliance date, describing p the failure and corrective action. I) All irrigation services with a non-compliant backflow prevention assembly shall be disconnected by 5:00 pm on the day following the compliance date. NOwor 11 F:\ndividual Files\sseng`,Ordinances'�BackfoW Ordinance Update 2006 1(2).doc • J) For commercial services with a non-compliant backflow prevention assembly, the water service maynot be disconnected, but the Utility will perform the required test(s)at the customer's's expense. A hand delivered notice will be given to the customer to alert the customer that the Utilitywill be on site within four(4) days to complete the test(s), and that it will be necessary to turn off the water service during the test(s). Customers who are in non- compliancesubject will be subect to a fine as described in Section XVI—Penalties, in addition to all testing costs. The billing calculations and fees are listed in Section XV—Fees. annual testingshall be performed by an individual certified to conduct such testing. The K) The certificationapprovedby shall be ADEQ. A list of certified testers registered with the Utility shall be maintained by the Utility and shall be available upon request. L) Testp rocedures shall be performed as required by the ADEQ as set forth in Chapter Nine of the Manual for Cross-Connection Control, Ninth Edition, or later editions. The tester shall provide a copyof the test report to the customer and to the Utility, and shall maintain a copy p for their records. pressure For all reduced backflow prevention assemblies (RPA or RPDA), the Utility requires a minimum differential of 3.0 PSI between the number one check valve and the relief valve opening point. N) The customer shall maintain records, on forms approved by the Utility, of the results of all %or tests and all repservicing, airs, or replacements of the backflow prevention assembly. A copy of the recordsbe provided shall to the Utility within five (5) days after completion of the activity for which the record is made. 0) Fire systems shall not be out of service for more than eight (8) consecutive hours due to y maintenance or repairs. The fire department shall be notified immediately of any testing, p changes in fire service status. P) The Utility may test any backflow prevention assembly at any time. Q) The will Utilityill notifythe tester and/or the customer for corrections of incomplete and/or erroneous test forms.. Information on submitted test forms can only be changed or modified by the tester who has signed the form and is responsible for that test. d by the be maintained and calibrated annually by an agency approve R) Test equipment shall . Utility as required bythe cross-connection control manual. A copy of the annual equipment U y q calibration certificates shall be submitted to the Utility to maintain equipment registration. Test equipment for backflow prevention assemblies in the Utility's service area shall be registeredapprovedby with and the Utility. Test equipment used on anything other than water backflow prevention assemblies shall not be used to test such assemblies and potable shall be identified as non-potable test equipment. S) Testers registerUtility shall with the if they are conducting backflow assembly testing in the Utility's's service area. Testers shall submit a current copy of their certification or 12 F:'\Individual Files sseng\Ordinances',Backflow Ordinance Update 2006 I(2).doc 411mor recertification upon registration. Testers, upon renewal of tester certification, shall be certified on all backflowp revention assemblies that may be used for service protection. The Utility registration issued to a backflow prevention assembly tester for testing backflow prevention assemblies in the Utility's service area may be revoked or suspended upon certification expiration or for improper testing, maintenance, reporting or other improper or unethical practices. Section XIV. Plan review A) Backflow prevention assemblies which will be installed shall be shown and specified on all water improvement plans. The Water Utility shall review and approve the intended installation prior to establishment of water service. B) Backflow prevention assemblies must be installed as to meet the current set of standard details and specifications of the Utility (as shown in Appendix A) and be tested by a certified tester and shown to be operating correctly before the water service is activated. Section XV. Fees. A) A schedule of fees shall be kept by the Utility and available upon request. B) Any costs for time and materials incurred by the Utility as a result of non-compliance with Section XIII (J) shall be charged as part of the customer's water bill. C) The fee for issuing a permit to install a backflow prevention assembly and inspecting the installation shall be the current rate in effect at the time the permit is issued. D) A reconnect fee may be assessed when the customer fails to meet the requirements imposed by this article and the Utility discontinues water service. The reconnect fee shall be the current rate in effect at the time the Utility disconnects the water service. E) A fee may be established by Town Council resolution to recover the cost of the cross- connection control program. Section XVI. Penalties. A) Any person, firm, corporation, partnership, enterprise or association, whether as principal, owner, agent, tenant, or otherwise who violates, disobeys, omits, refuses to comply with, or who resists the enforcement of any of the provisions of this code shall be subject to a civil penalty. Upon a finding of a civil violation, the court shall impose a fine not to exceed two hundred fifty dollars ($250.00). Each day a violation of any provision of this section continues to exist shall constitute a separate offense. ‘ilaw B) Customers who are non-compliant with the testing and maintenance provisions of this code (Section XIII) shall be fined as follows: For the first offense there will be a $100.00 fine in F:'Individual Filessseng\Ordinances\Back0ow•Ordinance Update 2006 1(2).doc 13 411100, addition to the testingcosts. Customers who are in non-compliance for two consecutive complianceperiods eriods shall be subject to a$250.00 fine in addition to the testing costs. C) Notwithstanding subparagraph of this section, a second or subsequent violation of any of A) the provisions of this section within a two-year period shall be deemed a misdemeanor. Upon conviction of a misdemeanor, the defendant shall be sentenced pursuant of the provisions of the Oro Valley Town Code. Section XVII. Appeals An Administrative appealmay eve be requested whenever a violation or dispute of any of the q requirements of this code is determined, whether during construction or at the plan review stage, appeal the applicant wishes to a eal the decision of the staff because of code interpretation, she or other acceptable reasons. The appeal may be made to the Backflow unreasonable hardship p Prevention and Cross Connection Hearing Committee as follows: A) The applicant shall file a written appeal with the Town Clerk on the forms provided by Oro Valley Water Utilitywithin seven (7)business days of the violation or dispute. va y B) The appeal will be heard bythe Hearing Committee within ten (10) business days, at a regular specified time. Oro C) The Hearing Committee shall consist theof Valley Water Utility Director, a member of Control the Oro ValleyWater Utility Commission, and the Cross-ConnectionSpecialist. Other technicalpersons may be added for a particular appeal, at the discretion of the Water Y Utility Director or designee. information shall be provided by the applicant in order to fully describe the D) Adequate conditions in question. E) The decision(s) by reached the Hearing Committee shall be considered final. 14 F:\Individual Files`sseng\Ordinances'Backflow Ordinance Update 2006 1(2).doc TOWN OF ORO VALLEY Page 1 of 2 OUNCIL COMMUNICATION MEETING DATE: February 21,2007 TO: HONORABLE MAYOR & COUNCIL FROM: AINSLEY ANNE REEDER, PARKS & RECREATION DIRECTOR SUBJECT: RESOLUTION NO. (R) 07 - 96 , A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY ACCEPTING THE TRANSFER OF LINDA VISTA TRAILHEAD AND LOGAN'S CROSSING TRAIL FROM PIMA COUNTY BACKGROUND: -------- - ------------------ The Linda Vista Trailhead and Logan's Crossing Trail have been controlled and maintained by Pima County's Natural Resources, Parks and Recreation Department since their respective construction periods. These two properties, both of which are entirelylocated within the jurisdiction of the Town of Oro Valley, provide important access points for hikers, equestrians, and other trail users to both the Town's trail system as well as p the Pima County trail system. The Logan's CrossingTrail, a dirt trail approximately a quarter mile long, provides an important point of access from Linda Vista Boulevard to the Canada del Oro Wash. It provides a connection from Loma Linda Drive and oints south of Calle Concordia to the CDO Wash; it also provides access to the wash for users located on the west side of Althoughmainly La Canada Drive. used by equestrians, it is open to other types of users, including hikers and bikers. This access point will increase in importance once the Town's Canada del Oro Linear Park is completed within the next few years. The Linda Vista Trailhead is aaved trailhead with vehicular parking located on the east side of Oracle Road p on Linda Vista Boulevard. It provides access to the Coronado National Forest and Pusch Peak. It is frequently used by hikers, runners, and equestrians who wish to access the Forest or to complete a challenging hike. It is the eastern terminus of the Town's Trail #226, the Linda Vista Trail, located within the right-of-way of Linda Vista Boulevard. The Pima CountyNatural Resources, Parks and Recreation Department would like to complete the transfer of these properties to the Town for two primary reasons: (1) that the two properties are located entirely within the p p Town'sjurisdictional limits; and (2) to help reduce their inventory of parks under their area of responsibility and the costs associated wherein. SUMMARY: The Supervisors Pima CountyBoard of Su ervisors approved the transfer of the Linda Vista Trailhead and the Logan's y Crossing Trail to the Town of Oro Valley, via a Quit Claim deed, at their meeting on February 7, 2006. If the transfer of these properties will allow the Town direct control of the properties with minimal accepted, p p Lperatio1l and maintenance costs in the future. TOWN OF ORO VALLEY Page 2 of 2 COUNCIL COMMUNICATION MEETING DATE: February 21, 2007 FISCAL IMPACT: The cost of operating and maintaining properties these will be negligible. Basic maintenance on the Logan's Crossing Trail will be completed by the Adopt A Trail volunteers. Two to three times per year the Parks and Recreation Department staff will conduct more extensive maintenance as needed. The Linda Vista Trailhead is virtually maintenance free. ATTACHMENT: Resolution No. (R) 07-2 6 SUGGESTED MOTIONS: The Council may wish to consider the following motions: 07-2 6 acce tin the transfer of the Linda Vista Trailhead and Logan's I move to approve Resolution No (R) accepting Crossing Trail from Pima County. T 07- 26 denying the transfer of the Linda Vista Trailhead and Logan's move to deny Resolution No. (R) y g —.Crossing Trail from Pima County. Ainsley Anne Rteder, Parks & Recreation Director J; -ne Watson, Assistant Town Manager David Andrews, Town Manager 'tow RESOLUTION NO. (R) 07- 26 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, ACCEPTING THE TRANSFER OF THE LINDA VISTA TRAILHEAD AND THE LOGAN'S CROSSING TRAIL FROM PIMA COUNTY. 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 g exemptions grantedmunicipalities munici alities and political subdivision under the Constitution and laws of the State of Arizona and the United States; and WHEREAS, p ursuant to A.R.S. 9-240, the Mayor and Cotincil- are--authorize- -to -acceptan --- -- transfers; and WHEREAS, Pima County, Arizona desires to transfer to the Town the Linda Vista Trailhead and the Logan's Crossing Trail; and WHEREAS, the Town of Oro Valley desires to accept both the Linda Vista Trailhead and the Logan'sCrossing Trail from Pima County; and WHEREAS, the Town recognizes that these trail facilities provide important access points and connections to other trails, both within the Town's limits as well as in Pima County; and, WHEREAS, The Town wishes to continue to add to and enhance the trail opportunities for Oro Valley residents and visitors as delineated in the Oro Valley Trails Task Force Report by accepting these facilities into its trail system. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Oro Valley, Arizona to accept transfer of the Linda Vista Trailhead and the Logan's Crossing Trail, whichQ uit Claim Deeds are attached as Exhibit"A", from Pima County. PASSED AND ACCEPTED bythe Mayor and Town Council of the Town of Oro Valley, Arizona this 21 day of February , 2007. TOWN OF ORO VALLEY Paul H. Loomis, Mayor ATTEST: APPROVED AS TO FORM: Kathryn E. Cuvelier, Town Clerk Melinda Garrahan, Town Attorney Date: Date: C:\Documents and Scttings\arceder\Local Settings\Temporary Internet Files\OLK4F6\Resolution Logan's Crossing Linda Vista Trailheads.doc Town of Oro Valley Attorney's Office/ca/020207 EXHIBIT "A" • C:\Docuroents and Scttings\areeder\Local Settings\Temporary Internet Files\OLK4F6\Resolution Logan's Crossing Linda Vista Trail ieads.doe Town of Oro Valley Attorney's Office/ca/020207 Jan, 05 2007 10: 34AM PARKS & REC. 520 8778277 p. 2 • -- F. ANN RODRI C�UEZ, RECORDERDOCX$Tz 12946 2244 RECORDED BY: DO PAGE:d � OF �A��s z 4 DEPUTY RECORDER _ NO. $4 : f '"►�d SEQUENCE: 20062350933 9999 P ' _ � 12/07/2006 PCREA SERVICES 1. ;''� t� /��fri QCDEED 11:30 PIMA CO REAL PROPERTY - PICK UP PIC]C�JP ATM SHERRY AMOUNT PAID $ 0.00 ._.) QUIT CLAIM DEED al For valuable consideration,Pima County, a political subdivision of the State of Arizona, hereby quit claims to The Town of Oro Valley,an Arizona municipal corporation,all its rights, in the followingdescribed property situate in Pima County,Arizona,together title and interest - - appurtenant------------ -- thereto: with ail ig t dprlvileges SEE ATTACHED EXI-IIBIT"A"FOR LEGAL DESCRIPTION (AND ATTACHED EXIHIBI "B",'Ire,'!13-2"AND" FOR DEPICTIONS) �' Dated this 7day ofre4ritarr ,2006. Pima County retainsright of reversion in the event Parcel 1 is not used as a public park. a ATT" `` $ VPima Cou ' ..... . ..,1 ZAP' 40,',,,),.0 4;'..e.fit.Adir • • :, , of the:Board " Chairman,Pima aunty Board of Supervisors ...- 06 ., CCUiri y : .,:.,,_: - , , iv,4. . . FE,80720 c r Staff.k5f Arr1a,,�. '•!' ) fr. ) ss County of Pinna ) was acknov.led ed before me this,,, ..,day ofA2006, This instrumentg by the Chairman of the Pima County Board of Supervisors. '. .rj i , girt i Notary Public MyCommission Expires: OFFICIAL SEAL. �t �� ___La �. .., •,• DONNA T0BIAS •, VI NOTARY PUBUG-ARIzoKA I = PIMA COUNTY Q AA�Q,, ' -Iffy .. Dec. 20 2008 EXEMPTION:A.R.S.Y 11-1134.A.3..A.3 : irears` ,_ -.• . t • 4 - 1 Agog: SLS File#: )0 et 44-00 Project or WIA# 71771: N/A De i l Do I x l E I ) Qud:OaimDecl-TowaOroValleYJW Jan 05 2007 10: 34AM PARKS & REC. 520 8776277 P. 3 • • EXHIBIT A parcel 2 (LOGAN'S CRO I J'G E Q r--- : dedicated and known on Plat for Saddle Valley II, A certain 10-foot Equestrian—rail as dedtc a Trail aad Common Areas A & B, which was recorded M y 14, Lots �-5�, Equ�ss tna� ccords. 4 4 at Page 3 8 o f Ma and Plats,Pima County, Arizona,R --- - — ------192,�n Book --- Ps Par___ INIDA VISTA TRS, 1: . subdivision of Pima County, The West 48 feet of Lot 1 of Pusch Ridge Estates, a the M or Plat of record in the office of the County Recorder of Arizona, according to � • Pima County in Book 42 of Maps and Plats at Page 52. • • • • ■`. u....g.iPL eiu.•A'lCrassin i ►vbaTx,'lluad1rtaiDssut'I''' Jarmo 05 2007 1 0: 34AM PARKS & REC. 520 8776277 p. 4 , .1 , ; ..--e a ar... : ..,: - . PARC L 2 LAMBERT W ---W1 i If•• 1•.1••.\N.•••1.1 •' '4• i 1 SECTION 14 i ..../1i/..Ir1il SUBJECT AREA - ' •\••••....11.1:.••1\\.••1 ..., TOWNSHIP 1,2 SOUTH SECTION- 14 RANGE 13 EASTG&SIUki • PIMA COUNTY, ARIZONA ....——... .... - - ...... ....• ....... ......mow . - - l • Jill ' ' 1 • a • • . ' • . 4411:ti i.imalti , .1 8Q 5 I . lifilopIril 111, 0 1 . 1 1 111i11111111 ...., . I loll -:.,, iii:' 101,,4111111 - MIMI 11 E �5 0116 • - Nil , , . LINDA "VISTA BL _ -�..._., ., �. .____ .. - ----�- -- . 22 23 - 6 ' D mmimmis SUBJECT TRAIL N PIMA COUNITY DEPARTMENT OF TRANSPORTATION . kj TECHNICAL SERVICES DIVISION 080010 -` DRAWING NOT TO SCALE DRAWN BY: R. BILLINGS DATE: JAN 2006 Jart 05 2007 10: 34AM PARKS & REC. 520 8776277 p. 5 Ir r P a • 3 1.----r•- 71----, fir i i i 0AF6, :.... .4". i ' • SECTION 18 - : • SUBJECT AREA ....,...i........................... TOWNSHIP `M T�H . _1� w4_�w�i.. iM S• . .ECTArt1 16 RANGE 14 PIMA COUNTY. ARIZONA _ a__ — 1._. 7 i � 11 1 i 41 . NI . 1 i 1 • al11 1 . �A R� I I 1111! „.„... G , � . • I . . r-:`-1 .• i , i 1 di k.; :)4 -14111"ipills.l' 1 1St( I pr- /7,,, 1 • 1 1 1 1 l I . 1 1 I/ it r� .w.riw�w �1 �•.. rr w a�w•�� ri r► a. w �r N � w w ...ririr r �..�+..riri 4 6 SW SEC COR SUBJECT PARCELt. . INITRANSPORTATION PIMA C0 NTY DEPARTIENT OF TECHNICAL. SERVICES DIVISION DRAWN BY: R. BILLINGS DATE:. JAN 26C06 DRAWING NOT TO CALF 06001C _ . - i Cip Logan's Crossing Homeowners Association 7225 N. Mona Lisa Road, Suite 200 Tucson, AZ 85741 Phone: (520)323-1666 E-mail: mail@prohoa.com Fax: (520)325-4437 ceci..)1 e. rcz. C.S5"NerN Mr. Rafael Payan Pima County Parks and Recreation 3500 West River Road _ __ -- Tucson, Arizona 855741 Dear Mr. Payan, The purpose of this letter is to notify you of the concerns that Logan's Crossing Homeowners Association has with the dirt run off from the upper horse trail on Saddelhorn Place in the community. Last year when you met with approximately 30 homeowners you assured them that the County would remove any dirt from the streets that had run off from the horse trail. As of this date, the 111110 County has told the Association that the horse trail is being transferred to the Town of Oro Valley, and Oro Valley tells us it is still the county responsibility to maintain the horse trail. The Association has spent funds to have the streets cleaned so homeowner vehicles could travel safely over the roads. At the October 18,2006 Board of Directors meeting the board directed me to send a letter to you and the Town of Oro Valley indicating that if this runoff problem can not be solved,then for the safety of the residents of the community and their property,the Association will erect barriers on Association property that will prevent the dirt from running into the streets, and which will have the effect of closing the horse trail. The Association would appreciate any assistance that you and the Town of Oro Valley could provide on this issue. Thanking you in advance for your time on this matter, Sincerely, Paul L Gready,Community Association Manager For the Board of Directors Logan's Crossing Homeowners Association ,�, `Cc Town of Oro Valley TOWN OF ORO VALLEY ',,OUNCIL COMMUNICATION MEETING DATE: February 21, 2007 TO: HONORABLE MAYOR& COUNCIL FROM: Sarah S. More, FAICP, Planning & Zoning Director SUBJECT: HoneyBee Archeological Preserve Implementation Plan SUMMARY: The purpose of this communication to presentHoney is the Bee Village Preserve Implementation Plan to the Town Council. BACKGROUND: voterspassed a bond providing $1 million for the "...purchase of sufficient acreage In May, 2004, Pima County Village protect the critical areas of the HoneyBee Villa e site that are threatened by planned residential directed the Town of Oro Valley to negotiate with the property owner to acquire the development." The bond nds, pursuantintergovernmental to an agreement between Pima County and the property with County bond fu Town of Oro Valley. Conceptual Plan was prepared for the Honey Bee Village The Honey Bee Village Archaeological Preserve p p p archaeological site in May, 2005. This studyexamines the Preserve's past, its existing conditions and reviews p existing plans and studies. The Conceptual Plan delineates the suggested preserve area and provides recommendations for the managementprehistoric of the site. Those recommendations are included in this document's appendix for reference. Preserve Conceptual The Honey Bee Village Archaeological Plan vision statement is as follows: Honey Bee Village Preservep is an interpretive site retained in its natural state that embodies the conservation ethic of the Town ofOro Valley. The Preserve is a "Shared Place"for people to integration on cultural values with a carefulinte ration of managed public access and activities that its conservation goals. Interpretive displays will tell its story, and provide a are compatible with sense of place for this home that was inhabited by the ancestors of the Sonoran Desert's indigenous peoples. Discrete use of trails, signage, benches and ramadas will minimize disturbance and maximizep interpretation. The Preserve will be seamlessly integrated with its surrounding development, and connected to the Town's adjoining open space areas through trails and pathways, that will serve to retain its unique natural and cultural values. In February, 2006, Canada Vistas Homes entered into an agreement with Pima County and the Town of Oro nate the 13 acre villa e core to the County for the Archaeological Preserve. In return, Valley in which they do g LCounty bond funds are used to conduct necessaryarchaeological surveying and data recovery for the remainder of the property. Since April, 2006, Desert Archaeology, Inc. has been implementing archaeological data recovery efforts on outside of the Preserve that are detailed in a mitigation plan (Wallace and others portions of Honey Bee Village 2006, Wallace 2006) approvedCounty byPima and the Arizona State Historic Preservation Office. The TOWN OF ORO VALLEY L2OUNCIL COMMUNICATION Page 2 the recovered data will provide new information on these early residents and improve the evaluation of interpretive program within the Preserve. Located along Honey Bee Wash east of North Rancho Vistoso Blvd. and south of the Moore Road alignment, Honey Beeonly Village is the remaining intact large Hohokam village site in Oro Valley. This large prehistoric village in the Canada del Oro Valleywas first settled around A.D. 450-600 and is a strong linkage to Oro Valley's past. The conceptualplan lan was initiated due to the shared values of the Town, Pima County, the Tohono O'odham Nation, and the Arizona State Museum in preserving the Village intact. SUMMARY OF ISSUES: A multi-jurisdictional i- urisdictional and multi-disciplinary key planning group of stakeholders was assembled to formulate e Bee Village Archaeological Preserve Implementation Plan and Schematic Plan. Pima County, the the Honey g g y, Town of Oro Valle Canada Vistas Homes, and the Tohono O'odham Nation, with consultant assistance from Com y y gni munit B Desi and Desert Archaeology, Inc., collaborated on this project. The group used the Honey g Bee Village Archaeological Preserve Conceptual Plan of May, 2005, as a foundation for their consideration of the Preserve and the creation of the schematic plan. 'n Group's undertakinginvolves the protection, preservation, and interpretation of The goal of the Key Planning p 13-acre core of HoneyBee Village. Over the course of the ten months of meetings, the group examined the the opportunitiesinto and constraints of the Preserve to guide the schematic plan. The group took account site conditions and current archaeological data. Canada Vistas Homes worked with the Key Planning Group to coordinate its adjoining community plan to integrate the off site interpretive opportunities with the Preserve � g lay Specific S ecific materials, character and techniques for implementation were examined to address the recommendations of the earlier document. The group determined appropriate materials and character for trails, signage, seating,walls and interpretive opportunities. This Implementation Plan creates a set of design standards that unifies and protects the Preserve and establishes a consistent methodology for implementation. A copy of the plan is attached for your information. The Historic Preservation Commission has reviewed the Honey Bee Village Archaeological Preserve Implementation Plan and recommends approval by the Town Council. SUGGESTED MOTION I move to accept the DRAFT Honey Bee Village Archaeological Preserve Implementation Plan. Attachments: 1. Honey Bee Village Archaeological Preserve Implementation Plan. r TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 3 t (' 7 , •E / --0,-(4- . -A - t ,\ ___ Planning and Zoning Director Assistant TownManager q--- - d / own na er e r- C 0/6/07) I I 111 Honey Bee Village I Archaeological Preserve At, , 1 I r ______‘ __ i -.#1 ----,i ookiiiiiI I IMPLEMENTATION II PLAN Draft II I OPO�P�Y 4%4,.y 1111 Iv I A A A. ice-� "ybED'01 e PI ' oN\ ��P~7 e 1�,tz G� N---44' _. _._) 1 1,„ . .1 [4 ), ._ _. .a/,,,„. 14/i00* ._D -IF � i December 29, 2006 OM r ACKNOWLEDGEMENTS dal �wr TOWN OF ORO VALLEY COUNCIL Paul Loomis, Mayor Terry Parish, Vice Mayor Helen Dankwerth, Council Member Paula Abbott, Council Member Barry Gillaspie, Council Member K. C. Carter, Council Member Al Kunisch, Council Member TOWN OF ORO VALLEY MANAGER David Andrews TOWN OF ORO VALLEY HISTORIC PRESERVATION COMMISSION Pamela Sarpalius, Chair Jim Kriegh, Member Robert Baughman, Vice Chair Salette Latas, Member Emily Graves, Student Liaison Sybil Needham, Member Marilyn Cook, Member Patricia Spoerl, Member TOWN OF ORO VALLEY STAFF Brent Sinclair, AICP, Community Development Director Sarah More, FAICP, Planning and Zoning Administrator Bayer Vella, AICP, Principal Planner, Planning and Zoning Division Dee Widero, Senior Zoning Inspector, Planning and Zoning Division Diane Chapman, Office Specialist, Planning and Zoning Division PIMA COUNTY BOARD OF SUPERVISORS Richard Elias, Chairman, Dist 5 Ann Day, Dist 1 Sharon Bronson, Dist 3 Ramon Valdez, Dist 2 Raymond J. Carroll, Dist 4 PIMA COUNTY ADMINISTRATOR C. H. H uckel berry a r Honey Bee Village Archaeological Preserve ��---_� ACKNOWLEDGEMENTS The following individuals and organizations contributed significantly in providing resources, direction and information towards the preparation of this document: KEY PLANNING GROUP Sarah More, Town of Oro Valley Brent Sinclair, Town of Oro Valley Ainsley Reeder, Town of Oro Valley Scott Nelson, Town of Oro Valley Pamela Pelletier, Town of Oro Valley Robert Baughman, Oro Valley Historic Preservation Commission Roger Anyon, Pima County Linda Mayro, Pima County Loy C. Neff, Pima County Tony Burrell, Tohono O'odham Nation Frances Conde, Tohono O'odham Nation Austin Nunez, Tohono O'odham Nation Peter Steere, Tohono O'odham Nation Su Benaron, Arizona State Museum Steve Solomon, Canada.Vistas Homes In gratitude to the Tohono O'odham Nation Legislative Council and Chairwoman Vivan Juan-Saunders for the vision, wisdom, and financial support that created a window for future N"" generations to look back and learn from the Hohokam village past. Special thanks go to Steve Solomon, Managing Partner of Canada Vistas Homes, for his generous donation of the thirteen acres in the heart of the Hohokam Honey Bee Village, so that this archaeological preserve could be established in perpetuity for the benefit of our community. This project would not be possible without the Taxpayers of Pima County who approved generouslya roved the bond measure for the Preserve. IOW or Prepared by: ,► ° O ° ° isr Community ByDesign 240 N.COURT AVE. TUCSON,AZ 85701 520-882-8177 imp In association with: DESERT ARCHAEOLOGY, INC. Tucson, Arizona no December 29, 2006 Honey Bee Village Archaeological Preserve I +r+rrrlr� tit= , 1 'im. TABLE OF CONTENTS ,,,,, INTRODUCTION 1 111 The Process 2 Existing Studies and Plans 2 Opportunities and Constraints .. 4 Schematic Plan 4 Existing Conditions 5 II Opportunities and Constraints Map 6 Schematic Plan 7 Implementation Requirements 8 Ir PRIMARY UNIFYING ELEMENTS 8 'y Signage 8 ill Pathways 8 Types of Pathways Yp s 8ilis Y Main Pathway 10 Secondary Pathway 11 ili Maintenance Pathway 12 AMENITIES 13 illi Signage 13 Pt Preserve Boundary Wall, Fencing, and Gates 18 lig Erosion Control .. 22 Surface Materials 23 ii Seating 24 Vegetation 24 Ir H yd roseed i n g 25 Native Seeds .. 25 6 FUTURE NEEDS 27 Restoration Plan . 27 Ft IArchaeolo Archaeological Management Plan 27 �r g g Signage Program 27 Interpretive Program 27 IP Schedule and Budget 28 Operations and Management Plan 28 im APPENDIX 29 a, Honey Bee Village Archaeological Preserve I gr 1 - r ir...... IMPLEMENTATION PLAN �-,e INTRODUCTION IThe Honey Bee Village Archaeological Preserve Implementation Plan identifies implementation strategies that serve to protect and interpret the 13-acre core of Honeybee Village for the preserva- Ition of the vital cultural and scientific information within the village site. r. .........V-N. *--* *) i \,......---) I I I b 9-...........Go.Q •,..„,..."*.N, 1,.... ....k Ot • -.4.ick6 .,.„,.:\ • `• r ri° The distribution of prehis- .61::.„- ,.,,. o . i �l• ' 0;„,._. g o .:,�.�, Q -00.. yo a . 9.\ toric pithouses and other 9..0:0: ° 3',,,g. o1\ J features that were discov- t • PRESERVE ered duringseven months of I \• ( excavation by Desert Ar- •q•-�• •° .r.\:\ chaeology, Inc. in the 31 0 ° a t'.. ( •�� acres surrounding the r-•1 c . . Honey Bee Archaeological _. • c1 111 \ • 9.?. �•`..� Preserve. \ ..' icri.::.6...•:.,:. \j I � ` n°'of \ 0.5'6:: ' , 1- 1 • , d. 'SITE BOUNDARY p .k . ,,,,,,0„:„: I • \ °\ 4 J-9...-Z! Q•o 0 b '42' i .k........ / I ab o sa /• o zoo '.., .00 ,r,,,, The site of Honey Bee Village is a Hohokam ballcourt village located in Oro Valley, Arizona. It was initially recorded by archaeologists from Pima Community College in 1978 and was assigned — Arizona State Museum site number AZ BB:9:88 (ASM). Honey Bee Village was first settled near the II 1111i start of the Hohokam cultural sequence, around A.D. 450, and was continuously occupied up to about A.D. 1250. The village includes a cluster of 19 large mounds surrounding a plaza, a ballcourt, and a special-use walled enclosure. As many as 500 to 800 domestic houses are present at the site ,t„ along with many other cultural features. Desert Archaeology, Inc. indicates that the site has been determined to meet eligibility criteria for listing i n the National Register of Historic Places. It was • originally mapped as covering nearly 80 acres, but a portion of the site was destroyed through earlier road and residential construction. The site area now measures 50 acres. 'i Located along Honey Bee Wash east of North Rancho Vistoso Blvd and south of the Moore Road O„ alignment, Honey Bee Village is the only remaining intact large Hohokam village site in Oro Valley. This large prehistoric village in the Canada del Oro Valleyand is a strong linkage to Oro Valley's past. This Implementation Plan was initiated due to the interest that the Town, Pima County, the alb Tohono O'Odham Nation, and the Arizona State Museum have in preserving the Village intact. ill Honey Bee Village Archaeological Preserve 1 r IMPLEMENTATION PLAN Honey Bee Village is a very important cultural resource whose undisturbed, buried remains contain an important reservoir of information about the prehistory of the northwest Tucson Basin. Equally important, the Tohono O'odham Nation considers Honey Bee Village an ancestral site. The remarkable status of Honey Bee Village as the only large intact Hohokam village remaining in Oro Valley area makes it one of the most significant cultural resources in Pima County. The 13-acre core of Honey Bee Village is being preserved in situ for future generations. The core contains most of the large mounds, the bal Icou rt, the large plaza, and the rock-walled enclosure. Under an agreement with Pima County, Canada Vistas Homes will convey the 13-acre core to Pima County. 4111 A separate agreement will convey the 13-acre core to the Town of Oro Valley in the future. The core will become an Archaeological Preserve, which will be protected in perpetuity from develop- ment. The Preserve will have visual access along Moore Road, with pedestrian access along a public easement through a commercial development to the south and a trail access from Honey Bee Wash to the north. The northern and eastern boundaries will adjoin residential development. The Preserve will be managed by the Town of Oro Valley. THE PROCESS A multi-jurisdictional and multi-disciplinary key planning group of stakeholders was assembled to formulate the Honey Bee Village Archaeological Preserve Implementation Plan and Schematic Plan. Pima County, the Town of Oro Valley, Canada Vistas Homes, and the Tohono O'odham Nation, with consultant assistance from Com mu n ityByDesign, and Desert Archaeology, Inc., collaborated on this project. The group used the Honey Bee Village Archaeological Preserve Conceptual Plan of May, 2005 as a foundation for their consideration of the Preserve and the creation of the Schematic Plan. The goal of the Key Planning Group's undertaking involves the protection, preservation, and .. interpretation of the 13-acre core of Honey Bee Village. Over the course of the ten months of meetings, the group examined the opportunities and constraints of the Preserve to guide the schematic plan. The group took into account local conditions and current archaeological data. Canada Vistas Homes worked with the Key Planning Group to coordinate its adjoining community plan to integrate the interpretive opportunities in the Development Area with the Preserve layout. Specific materials, character and techniques for implementation were examined to address the I lb recommendations of the Conceptual Plan. The group determined appropriate materials and character for trails, signage, seating, walls and interpretive opportunities. M, This Implementation Plan creates a set of design standards that will unify and protect the Preserve and establish a consistent methodology for implementation. EXISTING STUDIES AND PLANS The value of the area's Hohokam heritage has been noted in recent documents, including the Honey Bee Canyon Management Plan (1994), which recommends the creation of a management O' plan to protect Honey Bee Village from modern development impacts. The plan suggests keeping the core intact and visible from the surrounding community to avoid vandalism. Honey Bee Village Archaeological Preserve 2 r IMPLEMENTATION PLAN Policy 10 of the Town of Oro Valley General Plan Update, ratified by voters on November 8, 2005, includes two key issues; Archaeological Resource Preservation and Interpretive Elements. It specifi- cally addresses Honey Bee Village as a significant resource and notes "Avoidance of significant sites ON is preferred over data recovery and documentation." In May, 2004 Pima County voters approved a bond issue providing $1 million for the "...purchase of b.- sufficient acreage to protect the critical areas of the Honey Bee Village site that are threatened by planned residential development." The bond directed the Town of Oro Valley to negotiate with the property owner to acquire the property with County bond funds, pursuant to an intergovernmental agreement between Pima County and the Town of Oro Valley. The Honey Bee Village Archaeological Preserve Conceptual Plan was prepared for the Honey Bee Village archaeological site in May, 2005. This study examines the Preserve's past, its existing condi- tions and reviews existing plans and studies. The Conceptual Plan delineates the suggested Preserve area and provides recommendations for the management of the prehistoric site. Those recommen- dations are included in this document's appendix for reference. The Honey Bee Village Archaeological Preserve Conceptual Plan vision statement is as follows: Honey Bee Village Preserve is an interpretive site retained in its natural state that embodies the conservation ethic of the Town of Oro Valley. The Preserve is a "SharedPlace" for people to reflect on cultural values with a careful integration of managed public access and activi- ties that are compatible with its conservation goals. Interpretive displays will tell its story, and provide a sense of place for this home that was inhabited by the ancestors of the Sono- ran Desert's indigenous peoples. Discrete use of trails, signage, benches and ramadas will minimize disturbance and maximize interpretation. The Preserve will be seamlessly inte- grated with its surrounding development, and connected to the Town's adjoining open 111. space areas through trails and pathways, that will serve to retain its unique natural and cul- tural values. IP In February 2006, Canada Vistas Homes entered into an agreement with Pima County and the Town of Oro Valley to donate the 13 acre village core to the County for the Archaeological Pre- serve. The agreement specifies that County bond funds will be used to conduct the required ar- chaeological data recovery in the Development Area, to preserve artifacts and information from that portion of the archaeological site. The 13-acre Preserve will be conveyed to the Town of Oro Valley in the future. In September, 2006, Desert Archaeology, Inc. completed the archaeological data recovery fieldwork on portions of Honey Bee Village outside of the Preserve that are detailed in a treatment plan 4 ft (Wallace and others 2006, Wallace 2006) approved by Pima County and the Arizona State Historic Preservation Office. The evaluation of the recovered data will provide new information on these early residents and improve the interpretive program within the Preserve. 111 r Honey Bee Village Archaeological Preserve 3 • IMPLEMENTATION PLAN a OPPORTUNITIES AND CONSTRAINTS The following Opportunities and Constraints Map (page 6) was prepared as a site assessment tool in mr developing the Preserve's Schematic Plan (page 7). It shows specific archaeological features and in- ow terpretive opportunities within Honey Bee Village Archaeological Preserve. Previous disturbance, such as erosion and push piles of debris and holes from tree removal, which influence the design and may require remediation, are also depicted. Additionally, there are elements that the planning group identified as fundamental to the interpretation of the Preserve, for instance points of access and viewing opportunities. Two major features identified within the Preserve are the bal Icou rt and the rock-walled enclosure. Interpretive opportunities identified on the map include mounds, a house foundation, a trash con- centration, a pit oven, and the location of a copper bell. SCHEMATIC PLAN The Schematic Plan of Honey Bee Village Archaeology Preserve (page 7) depicts the location of pathways, interpretive opportunities, seating, and walls in response to the Opportunities and Con- straints Map. A one-third mile pedestrian path loops through the Preserve connecting the Preserve features. Branches off of the pathway lead to the Archaeological Park and to the Honey Bee Wash connection. Maintenance access is off of Moore Road. Circulation is placed over existing dis- or turbance as much as possible. The 13-acre Preserve is surrounded by a wall to clearly define the boundary and limit access when the Preserve is closed. The wall is located in an easement in the Development Area outside of the OPPreserve to avoid any site disturbance. See Preserve Boundary Walls, Fencing & Gates section of this document for more specific wall information. Four points of access are included, with the main one occurring on the south side of the Preserve. Three seating opportunities offering views of the Pre- serve, the valley, and the surrounding mountains are incorporated in the design. These are situated near existing shade trees. IP Multiple interpretive opportunities are identified on the Preserve's Schematic Plan. These features are all accessible from the pedestrian pathways. The interpretive content will be developed in a fu- ture phase with assistance from archaeological experts. This document details strategies for the implementation of preservation and interpretation in the 13- acre Archaeological Preserve. Independent of this project are an .25-acre Archaeological Display M, Area, an .5-acre Archaeological Park, and a 20' wide public access easement. These three features, without the restrictions of the Preserve, provide opportunity for interpretive displays and educa- tional activities to enhance the experience of the Preserve. The Archaeological Display Area and the public access easement, within the adjoining privately-owned commercial development, provide the main entry to the Preserve. The Archaeological Park will be accessible from within the Preserve. The Archaeological Park and the Archaeological Display area were excavated and mitigated in 2006. 1 11114'. f Honey Bee Village Archaeological Preserve 4 - r (... .) IMPLEMENTATION PLAN ...,.`i i ...,.......1 „,„„,....,, ,,,, i a EXISTING CONDITIONS I alp The conditions that must be considered during planning, design, and implementation include: I ,N, Surface Disturbance and Compaction The site has suffered disturbance over the years from ranching and wildcat roads, plant salvage, 1 l grading, and previous archaeological investigations. Creation of the Preserve must be accom- plished in a manner that minimizes additional damage to intact archaeological deposits and preserves them in place. This Implementation Plan considers methods to remediate past dam- age and limit further damage to the Preserve. Establishment of a restoration plan to address all 1 al disturbance and erosion is recommended. Erosion Erosion is evident throughout the Preserve and is due to disturbance factors including roads, bulldozer push piles of vegetation from previous clearing activity, tree holes and wear due to the action of wind and water. Erosion control efforts implemented in consultation with ar- chaeological experts will preclude further erosion in the Preserve. Access a ) Access to the Preserve will be controlled for preservation and management purposes. A perma- nent "fence” and/or "wall" is being placed on an easement on the adjoining property to avoid disturbance to the Preserve. Public access to Honey Bee Village Archaeological Preserve is along a public easement through the commercial development from Moore Road to the boundary wall gate within the Archaeological Display Area. Limited access to the Preserve by the neighboring residents is through the Archaeological Park, accessible from the Preserve. A public access easement through the residential development allows trail users to access the Pre- serve through a gate on the northern boundary of the Preserve. I 111 People and animals have the potential to degrade the Preserve in many ways. To minimize any degradation of the Preserve, it is accessible exclusively for pedestrian use. No wheeled convey- ances, except for maintenance activities, will be allowed in the Preserve. Equestrian use is not permitted and pets are prohibited within the Preserve. Americans With Disabilities Act re- q u i rements will be met, thus service animals, wheelchairs and walkers as defined by the Ameri- can with Disabilities Act may be used by persons with disabilities. III The g height and character of the wall varies depending upon the adjoiningland use. Where a g p solid wall is used, it is made of an appropriate natural material consistent with the historical nature of the Preserve. In most places, taller fencing is visually open, such as wrought iron or di, ornamental steel. These walls allow the surrounding property owners to keep their "eyes on the Preserve." The open walls also maintain the visual connection to the mountain and valley vis- tas for Preserve visitors. Walls adjoining single family residences meet Oro Valley pool fencing codes. Access directly from individual yards to the Preserve is not permitted. Instead, limited controlled access to the Preserve from the residential community is appropriate. I i 1 r• Honey Bee Village Archaeological Preserve 5 I I OPPORTUNITIES AND CONSTRAINTS MAP \N 5 \i,,,\.,.,. ,-;---'\ - c9 < 1 Ulf > U) (1) C2 w9 ; CI _7_1(-) CC \,s,= ,t i- cg, O = :j LU Z Q5 LU I- 0 S..5 ,,-, / ` •., ,' --, _J ct w...., O. :..0 .%-'.'-, <CC 0 0 w I-u 0 wi-L. l—XCI) \ -,UJ CD co - Co , / 2-4= , %,,i( ,. 0 < ...., . , I , — a- < z, , wl_ii 1, 70 2 4,4 8 S CZ O, Lut _JM(±) .f.„-(±)ck cc 0 v.i..-1 Ed VE cow , .... 1 , , I o dit U-1,, g5 C) Lu =ii a ><rri"!Tr' ;:'..C.H4 C) 4;6 0 -5 0 (-) ..,/ 4, ‘L , • „ x Nj n,CO —CO s-,--,I-L;p u j,-,,Z ,-_,.-z CTI 0 i'- CC ./ (30 ',--)1 e M > 0 cr,-5-1, L-3 St g`- < 0 w ri-i_o c — n i/ ,-,„ < r'ra 0 Z C),) (73 5 L_U,,__. U J,_'--I-.-•X UJ> 3= C.) 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(L) . 0 — s - - -\ . 1) r . ..-, • -, % _ — a) . ..- , 11 ' H : Wil : . . — -.,- . ., . . ,... 0 a_ .•. -. f. — . a-) 0 0 I . a . -d- ':,, • . .2 2 . , ,,•-s. d„. w u..<1-, o 1'MI _ - !''',2 •- 1 ill . s ,1- " ' i-•<\‘-j .<(,. i:7':'-_---_:=;''-''----•-' a fr.: ->-•• ' - .. .\ . .1 •' \)\, ,,-;--;"-----;-:----. .•'-- ,----.----- .- •.' 0 ,...„,..." 0 •4„z///: 0 ' ' U , . '• \\ _-' , .• ..-• \,,,, ..-..-..,... _____,.. .. ' ,' , •,, k" -, $y7-- - - . , ,..., ,... .." __ - ------- 1011 U ilb f `� IMPLEMENTATION PLAN IMPLMENTATION REQUIREMENTS Because the Honey Bee Village Preserve is an archaeological site that is eligible to the National Reg- ister of Historic Places, any implementation activities within the Preserve will require prior consulta- tion with and concurrence from the Arizona State Historic Preservation Office. Ongoing implemen- tation activities, such as routine maintenance, may be governed by an agreement with the Arizona State Historic Preservation Office. PRIMARY UNIFYING ELEMENTS SIGNAGE This Implementation Plan presents implementation strategies for the standards, design treatments, and amenities to unify the Preserve. The primary unifying feature is the signage. Continuity in theme for Honey Bee Village Archaeological Preserve is maintained through the repeated use of the Preserve logo or elements of it on directional signage, wall signage, regulatory signage, interpretive signage and pathway markers. The style of signage and the use of the logo will vary depending upon the function and location of the signs, both inside and outside of the limits of the Preserve. PATHWAYS These pathway standards have been developed specifically for Honey Bee Archaeological Preserve; they are based on the current state of the practice in accommodating pedestrians. Where Federal and State funding is provided, certain standards may be required. Guidance on pathway construc- tion within the Preserve may come from the State Historic Preservation Office (SHPO) requirements to protect the archaeological resources and from the Americans With Disabilities Act (ADA) Accessi- bility Guidelines. When the pathways are in design, the municipal engineer or consulting engineer will have to assist and make recommendations regarding the need to adhere to ADA requirements. Types of Pathways: Three types of pathways are proposed for creation within the Preserve. They are located in previously disturbed areas where possible in order to minimize further impacts to intact archaeological deposits. Two are for pedestrians and one is designated for maintenance only. The Main Pathway begins at the main entry on the south side of the Preserve continuing north past the ball court and other interpretive opportunities and terminating at the center of the rock-walled enclosure within the plaza. The Secondary Pathway continues from the plaza looping west and south back to the main pathway. A branch of this pathway connects to the planned private archaeological park outside of the Preserve. Another branch extends north to connect to a designated hiking trail at the edge of the Preserve. This trail will extend north to the Power Line Trail and Honey Bee Wash Trail, connecting to Honey Bee Canyon resources. Honey Bee Village Archaeological Preserve 8 .:(14 IMPLEMENTATION PLAN "'� "`"►; Access to the Maintenance Path is from Moore Road through a 12' decorative iron gate. The path extends east and south, intersecting with the Secondary Pathway. It will not be accessible to pedestrians. A pedestrian pathway from Moore Road leading to the main entrance will be constructed by others independent of this project within a dedicated 20' public access easement adjoining the southern boundary of the Preserve. This path will provide opportunity for interpretive displays and views into the Preserve through "windows" or openings in the perimeter wall. kii a Honey Bee Village Archaeological Preserve 9 ./ IMPLEMENTATION PLAN Main Pathway feature standard comments • This pedestrian pathway is in areas where high Pathway Width 8'-0"minimum width traffic is expected,and will be ADA accessible. Min.2'-0"from outside • Clearance to all fixed objects,such as fences, Width Clearance edge of pathway to any ob'ect signs,benches&cacti. J 7'-0"Ht.clearance from • Clearance to all overhead elements such as tree Height Clearance finished grade limbs,entryways. 2%Min.&Max.Cross- • Where pathway is to be crowned for grading and Cross-slope Pitch drainage purposes,the max.&min.slope shall be pitch slope 2%from centerline of pathway. Longitudinal Slope 5%Maximum Surface Material Soil solidifying emulsion See Amenities Section • Subsurface Material Non-woven Geotechnical • See Amenities Section Fabric • The pathway is to be built up upon existing grade and edges feathered to the adjacent land. Edging PathwayBorder or Border or edging shall be material will be natural local stone 4"to 6"in provided. No curbing Edge alon ed a of athwa , diameter,e.g.,Coronado brown color rip-rap of g g p y sufficient quantity to clearly delineate the pathway edge.See Amenities Section. MIN. 4" LAYER OF 1/4" MINUS DECOMPOSED GRANITE COMPACTED ais TO 90°L STABILIZED WITH SOIL SOLIDIFYING EMULSION 8'-D" MIN. 4':6" NATURAL NON-WOVEN GEOTEXTILE STONES 0 ��. 2%CROSS SLOPE FABRIC EDGE OF PATH NATIVE SOIL 011‘‘..1 4171,4 fit I. r. U ..... � 111— -- 11 . ... r .._.. � TYFICAL MAIN F'ATHWAY e Honey Bee Village Archaeological Preserve 10 fiHJ _... IMPLEMENTATION PLAN a§ A 1 Secondary Path wa feature standard comments • This pedestrian pathway is in areas where lower Pathway Width 6'-0"minimum widthtis expected. Min.2'-0"from outside • Clearance to all fixed objects such as fences, Width Clearance edge of pathway to any ' object signs, benches&cacti. J 7'-0"Ht.clearance from • Clearance to all overhead elements such as tree Height Clearance finished grade limbs,entryways. • Where pathway is to be crowned for grading and Cross-sloe Pitch 2%Min.&Max.Cross- drainage purposes,the max.&min.slope shall be Cross- Cross-slope pitch slope 2%from centerline of pathway. Longitudinal Slope 5%Maximum Surface Material Compacted Decomposed • See Amenities Section Granite Subsurface Material Non-woven Geotechnical • See Amenities Section Fabric • The pathway is to be built up upon existing grade Border or ed in shall be and edges feathered to the adjacent land. Edging Pathway Border or g g material will be natural local stone 4"to 6"in Edgeprovided. No curbing diameter,e.g.,Coronado brown color rip-rap of along edge of pathway. sufficient quantity to clearly delineate the pathway edge.See Amenities Section. al MIN. 4" LAYER OF 1/4" MINUS DECOMPOSED GRANITE COMPACTED TO 90% 4"-e" NATURAL / NON-WOVEN GEOTEXTILE STONES Ccs 4.4.--- 27. CROSS SLOPE FABRIC EDGE OF PATH NATIVE SOIL ,.,_,.,, -ter-.,-.. '':."*..';:::':•i'.*..7...-".. .-: /I Ill1! "-- I 11 I II _- -YFICAL SECONLAY PATH WAY .. ,r, Honey Bee Village Archaeological Preserve 11 I I ., ---- , t_ ____,t IMPLEMENTATION PLAN I .,___J _ r fir Maintenance Pathway 1111" feature standard comments ii • This pathway is not accessible to the public and is Pathway Width 8'-0"minimum width gated at the intersection with the secondary path- di way by a removable barrier. 0 Min.2'-0"from outside • Width Clearance ed a of athwa to an Clearance to all fixed objects,such as fences, g p y y signs,benches&cacti. object 11 Height Clearance 7'-0"Ht.clearance from • Clearance to all overhead elements such as tree finished grade limbs,entryways. Mb • Where pathway is to be crowned for grading and Cross-sloe Pitch Cross-slope 2%Min. &Max.Cross- pitch slope drainage purposes,the max. &min.slope shall be 2%from centerline of pathway. II Longitudinal Slope 5%Maximum 11 Compacted Decomposed Surface Material Granite • See Amenities Section surface Material •Non-woven Geotechnical • See Amenities Section Sub Fabric I • The pathway is to be built up upon existing grade and edges feathered to the adjacent land. Edging PathwayBorder or Border or edging shall be material will be natural local stone 4"to 6"in 11 provided. No curbing Edge alongedge of athwa diameter,e.g.,Coronado brown color rip-rap of g pathway. sufficient quantity to clearly delineate the pathway edge.See Amenities Section. 1111 IIII MIN. 4" LAYER OF 1/2" MINUS DECOMPOSED GRANITE COMPACTED 11, TO 90%STAE'ILIZED WITH • SOIL SOLIDIFYING EM U LSION a ra 8'-D" MIN. 4'-:6" NATURAL NON-WOVEN GEOTEXTILE IP STONES 60 -.4-----.. 2%CROSS SLOPE FABRIC I/ EDGE OF PATH - .....-::::.:•.-:1',:::-.-.i NATIVE 501E I --T-- :-..--- .------ I ir's---. --.2 . (11-f=Lltil- ii•'7=--AL Iiii7=11)1--111_1V11-a__-_._U f i117.__._ j Irfr-.--- IF IIII FATHWAY lNT NANCE TYFICAL �� Honey Bee Village Archaeological Preserve 12 I '�.., 41011111111 , IMPLEMENTATION PLAN AMENITIES is illb SIGNAGE Honey Bee Village Archaeological Preserve's identity and sign system creates a strong identity for 40 the Preserve in the context of the immediate Rancho Vistoso development, adjacent recreational lb areas, and the Town of Oro Valley. Its purpose is to offer a highly recognizable and friendly voice to visitors as they explore the area. ili 4. Signs identify and label facilities and orient visitors. They warn of danger, educate users in the proper use of the pathways and promote the protection of the Preserve's resources. They also list Iregulations and guidelines and serve to control unwanted or illegal activities. Perhaps most impor- tantly, mpor- tantly, signs explain and interpret cultural features and management activities along the paths. The signs inform visitors about the prehistoric Hohokam culture of southern Arizona and how archae- ,, ologists interpret fragmentary remains from the past and translate them into meaningful concepts. Signs are a quick and easy way to leave the Preserve visitor with a positive impression. Consistent signage of high qual it which is well maintained and properlylocated increases the Preserve's iden- tity and the public's support for the Preserve. An aesthetic balance is necessary to avoid creating clutter and confusion through the overuse of signs. Exceptions to the sign code will be coordinated with the Town of Oro Valley to assure a quality signage program inside and outside of the Preserve. Logo it The logo for the Preserve, or elements from it, will be used on most signs and will serve as the pri- gs mary identification for the pathways. Three logo suggestions are included here. Each is based on a carved shell pendant discovered during the current archaeological excavation and mitigation occur- ring outside of the Preserve. This coyote is one of many unique artifacts linking modern Oro Valley with it's past. I I '4.%‘;'i-; -.- I-1%,_*- 4 7drit ''''ib, '" SO- '144; ;,„.. 4,.., ...,, , ,...„ ,, . ,_„. , -: .: , ..: jiii, , ...* - .:-. . �it ...„ S A': 41S ' %."*Vt.*' tp.;'''''', ; - This shell pendant which was x found within HoneyBee Village -ake.„,.„.1::.'1.! g . inspired the logo concepts, thus �� -, ,. linking the modern Preserve to . , ,,, :,.-:,.,,, its ancient residents. > `fir. i g, s..* Honey Bee Village Archaeological Preserve 13 I , 4,-, -7,i IMPLEMENTATION PLAN.....-.1:_. I �' '` 1140 � Bee y.ttta 11 10 .8� a O �,LLA , < < 'LLQ I Alik _ , r_____, _...,..,,J __, Ti r ARCHAEOLOGICAL ARCHAEOLOGICAL PRESERVE ARCHAEOLOGICAL PRESERVE PRESERVE The logo may be integrated into promotional literature, signage, and interpretive elements. Place- ment of the logo on pathway blazers along the pathway guides the user through the interpretive ex- perience. Incorporation of the logo in the design of the wall and gates enclosing the Preserve as well as seating is recommended to provide a consistent aesthetic. Selection of appropriate locations for signs is based on various factors: • Keep Preserve resources unobstructed • Minimal adverse impact to cultural resources Mk • Place signs where they are readily visible 3 • Avoid conflicts with physical objects (i.e. trees and shrubs) • Avoid sign congestion Types of Signs The following types of signs are discussed in this section: Location/Entry Signs direct visitors to the Preserve parking and main entrance from Rancho Vis- toso Boulevard and Moore Road. These signs are preferably located just off the right-of-way perpendicular to the roadway to be easily seen. Approval from the appropriate Town agencies is necessary for placement within the public right-of-way. Informational/Orientation Signs provide contextual information on the Preserve and direct visi- tors to the main entry and to amenities such as restrooms, phones, and water located within 111 the commercial area. A map of the Preserve and surrounding area may be appropriate on these signs. These signs are located along the public access easement at the Archaeological Display Area within the Development Area and at the Archaeological Park. These signs are also located II outside of the Preserve Boundary at the two additional pedestrian access points. Eli Regulatory/Advisory Signs promote safe Preserve use alerting visitors to prohibited activities, physical conditions, natural hazards, and hours of operation. Amenities, or lack of them, avail- ' able within the Preserve are included on advisory signs. Note that information provided on ad- visory signs should also be provided in promotional material. Regulatory/advisory signs are lo- cated outside of the Preserve Boundary, at the three pedestrian entrances. Educational/Interpretive Signs convey educational material about the cultural heritage of Honey uP Bee Village. The style, content and placement of interpretive signage will generally be deter- ' mined by the issues associated with the specific feature being interpreted. Interpretive signs are a major investment of time and money. Their content and installation involves the formation of Et an interpretive planning team. Exercise caution to avoid over interpretation. Programs and Honey Bee Village Archaeological Preserve 14 • 721 1 IMPLEMENTATION PLAN tours led by volunteer docents will complement the signs and brochures, bringing a greater un- derstanding of the Hohokam Village experience to visitors. Interpretive information is primarily located along the entry path from Moore Road, at the Pre- serve entrance, and in interpretive brochures. Only two interpretive signs are within the Pre- serve. These are located at the ballcourt and at the rock-walled enclosure in the plaza, two ma- jor features of Honey Bee Village. Pathway Markers along the pathway guide the user through the interpretive experience and are keyed to brochures available at the Preserve entries. These markers are located at the interpre- tive opportunities identified on the Schematic Plan. Placement of the logo or elements of it on the markers lends unity to the Preserve experience. Cost and maintenance savings occur with this understated signage. The opportunity for exploration and discovery of the subtle signs of earlier inhabitants is maintained without the visual clutter of frequent signage. Signage Location Signage located both inside and outside of the Honey Bee Village Preserve boundary is addressed in this document to assure continuity to the Preserve experience. This consistency in high quality sign- ' age increases the Preserve's identity and the public's support for the Preserve. Signage and other elements located in areas outside of the Preserve itself will be constructed by others independent of this project. Within the Preserve walls, the only signage allowed are multiple pathway markers keyed to an inter- pretive brochure and two interpretive signs. These two signs are located at the major features: the ballcourt and the rock-walled enclosure within the plaza. Using pathway markers placed on the sur- face minimizes the intrusion into the visitor experience and limits impact to subsurface resources. All other Preserve signage is located outside of the perimeter and will be created and installed inde- pendent of this project. Location and entry signs to guide users from the adjoining roadways feature the logo, promoting the Preserve to all passersby. Information and orientation signs are placed at the Moore Road public easement connection, the parking area within the commercial center, and at all public entry gates. Regulatory and Advisory Signs are at all entries, mounted on the wall or on free- standing signs. Interpretive signs and educational opportunities are arranged the length of the 20' wide public ac- cess easement from Moore Road and at the Archaeological Display Area and Visitor Center at the Preserve entrance. These signs immerse the visitor in the 800 years of village occupation and the modern history of the site. Sign placement may be on the wall or on freestanding signs or kiosks. Signage Materials Durable materials such as steel, aluminum, fiberglass or composite are appropriate materials for Honey Bee Village Archaeological Preserve signage. They offer longevity, durability, and vandal re- sistance. Etched or painted granite or small signpost markers are appropriate for the pathway mark- ers. Examples of possible signage types are illustrated below. Honey Bee Village Archaeological Preserve 15 r , -f 7........j , AN I 1 r ,fir .• .Y, -• t.{Fi"�•Ai.. ,. Interpretive signage will combine text "" . • - • wIIIith maps and illustrations to convey „... i °, '3 g .4====-9,...,-;;,,,„,.„,...--.r�t+a �,.. � _ . '11t->-�. .t '� . mil the early life in Honey Bee Village. t„r,f,t�,e,„e,, e .rt».,e.- , rr.a tart Pr e tens Owc....td wY+r r 4057- fill i sR zu r.+ut+,u urns+sm�•++ar trw * ti ...seed. _ `-_ '`, - MID ,: v a. . t ., i ' .1*,': i P w. �•-:` ,,.�, ,` '';'1- ,;,_* a'° ..� Steel, aluminum, fiberglass or composite are /'` ." ,, 't . ' - appropriate materials for Honey Bee Village mss,.". lb, `«.,, ' R - • Archaeological Preserve signage. 1 y ,.• r.s',.fir w..,, I : ; : •.A.war' y i - JO- „._,,,,f,...... rlL..1`Y.d,-- .., _ J. The Ballcourt A Mexican lrlec..Wupatki 1T•.174M 47:......47:;:.= tMrM.IrW.t+M♦.pw•kc w+ . "----.:Na:.'"-..:::::..`,Z=.7" w " = Interpretive signs ns will be ..w.rt r�k..�a.Nr...r.weep• +...,..-+ ' � located outside of the Pre- I r,lrli.N,.Niau.I r.I W.+wJ..•IIY+•wn+ 1r ....r.� H. h�+hM>f.,nss JIP r�t.wr.4.tI prr rr t "- ♦ . rr .��.- ,---;x....----- _.„0400051.14W17 .. -y p, serve with two exceptions. • - - -1---11044Triiikti)irw, - #. . «• H..err-^,W M.. r.-"-..-. r 1YYYIt.i•-..t...,,,- ' iNM• --..=--t..-...4ww..Ylwe MrIrir+Fswlnl w✓•wirysMw- 1 i a Quiet pathway markers with logo and key on granite - s lr4.^ ,r-- t, `.. #± ,,� or small signposts mark interpretive features within the w .,--4'`"`' , Preserve. They are keyed to an inter retive brochure. 4., ,.. ,:,..... ..., -:),,,:. , . -4, ,,....'41,-, . ... _ 1,4,.., , .' ' i• ' R• -- +410, I '''' - .-.4• ', .rs, • tic;.-.1 ..3. - . ,,,,, 11 .. -,: 4:.=!' ',`F,14..15, a,>r - ''91-, '"fit.. �• "'f,+� s „S .r yZ j.‘. apt y7. 4 ,,,,,,_,,.,&",. ; 4 .. t-:,t::.:,'.:::" '-k.: ,',.,,,,'II—441h— '. '; ' ..:44...N. Y . s t j rw' -rte .,e 1.1. y.v;- . • . • v. : ,•,,,,,--;',.-5,"'&.Z�� • YY y� « i -,,.,., I s 'Mr. Honey Bee Village Archaeological Preserve 16 I --- r 1.—....:-.........e I IMPLEMENTATION PLAN ..."....11 -',....1 ,..,,,,..,-,....,"”"*".......„ -- ... .......,_ . , , . _ — ,.. ..- .** Location/Entry signs direct visitors to , ..-.4.40. .. MO ..' 4. .• ; liy) ' '"- '.', —: . .. tn ,',. the Preserve parking and entry. '-.., ,. ,,,, - • -t-' '• f',i- ,. f.it!,-1.;:'..,.;, 4.1,.k:-*,•:,„,', Plik „ AlParking ,...-it_;-„,,,-;t' -: .• ,,,,,,,,,,,fi ,..:.,,,,,,. - ,. .....A, 4:-..,-....., Ic.:11.•..t,' f.,:.4,1' >I! • .usk Dropoff '''''''. ') '' t . '" . 4 i'. •-', ,,i, - ',,,, .,..-4,• ‘ . ,---.77r 77(1''4.,‘i: .• -. : 4 4,,;•-•••i:,.:,.. -. it . . Is, ,- ' i ''', ' 1 F t -4' •4.',4 41V, alt.r. , iv-fri. --, ,.„ ...--I - i-..,_''S,,,p ,4?4,T•pt...itis,,•... f lAr2i. .,..v.„,,,:, ,. , 4 ,, ,..;4 .., .A.74-ticti. -,;--4 ,,,t -: •:.: -,:.--,. , . 1,-ca,•14,4,;-",''. 4,,, ,--, ,,,,,,,:7---,-....-;.v..4t---- ''. .:ts--44 ''..:1. C .-... ,. -:.:4'S*c..:-. . .. I Signage may be freestanding or . , [ mounted on walls. 1—' () NE 's'7 f3E1 E . _ , .._ .. , „ -- , ARK ,.., , ..„ ...,7, ' c ,._ ..:,. .„,,, „:,,;,...„ : . • -'r Et .i,k 1.. ,, ,,,...,ti V \ , ‘ -,-, : 4,14>-1•.-,-/ar-','. ., lb t\ .‘•'.* ',.' . ( \I, Ii( .' N,, ,,- ... , Regulatory/Advisory signs alert Preserve ..bAti, , ,4P.i.,,,.A , • . . ‘k&t.,-, NATI\E kiki-1. { l,z ,4/,, visitors to restriction and resources. KIRI Pi •,' *."\ \ ,' ' • \ ‘ r. 4 441 ii;'4o, '' 4.--.0b.--- -,--4-x,,,,.. I , ........ ... ...- •,_.. . . „.• , - I -''",•...:,1,;, - • 4* Honey Bee Village Archaeological Preserve 17 "r _____a ____., IMPLEMENTATION PLAN 1 ... PRESERVE BOUNDARY WALL, FENCING, AND GATES The character of the wall is that of adobe, but with the low maintenance features provided by con- crete slump block. Extensive use of ornamental ironwork provides a visual invitation into the Pre- ' serve and to allow the surrounding neighborhood residents to keep watch over the land and its re- sources as "eyes on the Preserve". There are five main wall types described in the plan. These include: • 48"-66" block wall along the detached single family residential lots • 36"-48" decorative iron and block wall along the condominiums • 42" decorative iron and block wall along the commercial area • 60" decorative iron fence along Moore Road • 24" block seat wall at the Archaeological Park - Ili 5— -,- ----404. : _ `~.- „.{ � by s, s •—„,...1,-.,.. w- -- -....:%. ,,,/,;: , ‘ ,,,,,,,,... .i.,,,,. - #— 7, * ,..-,....,: 4..,„:_-_,_ --,,,,,-,,,,,,,,v - , ..,......_ . . , . F.. ra, .4... ' :,- , ,. ,' b Decorative metal fences, solid block 111 _.` j walls, or a combination of the two de- VIt' fine the perimeter of the Preserve. i: ___ „. ,,,,... 7-,,, -4:& _..;io. ,' ,,,, ,4,,,.,.... .......... . ,,y,!,* �� W .mow .. \ 1.‘. 11111111t, UMW \ * '''''' ' '4'..**' 441;.:....I` V :' , - # C '4-I-s-'---''' ABM:‘. ' 1 1111111 �. .'tis r,.. t C ''c• ' 4'74* Tie;bel y/r, r� -....,y':�C " " - '=f.. .-1 i, k. - > rte A.� �. s� _#. ,y *-` . ,.4,1*/1„.:p' 'ei.'' ‘ ' I - .r t . . i . _ "R Grp: ‘.. v.- 4,-- A- -or-, mow'- y�. .t I . . • 4 Honey Bee Village Archaeological Preserve 18 C rt IMPLEMENTATION PLAN _� -_1 ... 0 ,Ilr,,,(S-i<----- - dims ,t,,'.t' , I' F rA, t �. i,, The custom metal work allows ':fr,,..,.4 ,- .,,`.*I/. ,_ incorporation of distinctive ele- ii ,-„ j ! , ‘, ,...., �' '"1.11"A","-- ...- `S1. fr" ments or atterns such as the .,. .• • .., ,„, „., ip 00 - , ,., 1111 � � j logo or ornament inspired by r . 0- , ' ". area artifacts. 1 kk, ',4 '''', 1 ' .. . 44 ,;# 1"...1\ —' ' I *' , . — i„,„4". .,/ 'A..-'--- ---,,.. -c , , tt lij IF ic. , ,, i.,,.... iii, Till'. „ .1 , I k..4. ' [ ;- -.,.....i I 1,12, ,r ..,` ter"7:4, .- ! as 0 ,,A, It' ..'„ ..., ' P.3. 1 1._.1171111111:_11111111111111111:ms- 117:- --- :' w‘, • a a .„ , t �t l r .'.a' I.44 )jr of :14y,` is '• 116%.414,,,,,,,,,*.t.,,... ' '''.11;' 41, t. -:';1'' , },;::+� - air,,,Ak...._i..„4, i ~• 1`rye`^ arAllurairair ' ; 1 1 i iiiiipi di;4,1 T- , ,,,- ...,` . 4111M. f' 4: .i.' A6 '1' ll Fil.. ' ,-, nsivri ,,�. ,�I ; ;...�.lx,:%,,P,i; iowl' . 1;r111-04p1.-i.: , .- :i, ,; ....fit �, �'��!R S' Iiiii Ij, ,51r''` .' lI t tj 1 1t'° , '!� ,,'ZiF,4, ''` ) l .. kyr' r' fs 7,?-.., ,.. 'i.,7:''''. nar -\� �� j(I ,�1,�i�� /�1•l�4111��t4i� ��' .,1y „ +�' ,y, J�1 •,,,...p? '�� ' Al,. y `!' i Ik f '.;;:?!:',Iii :-.,31/if 1! r(,i,,,,'I.K.`' tf►..LL ..,i'J'i .x' ' �sUi .- •, :ia. # rlr$'; _1 ,_� ! i�I�/ •,��I"4...W44>....,i,s ('''.?..,,,V44;;;C:hle,,.. ....:t ! � Y ' �' � r •1,�'„`f', �� '�` ,r,', ��v ,wp"'., s � 'r� • .........k....,"*%.7.....1.0%,.7... s ,_ 45� ' J r .'�i�,, E `51. �L'n ',.,,,,,—..,:24',./c,',4..:: .�' '''*."''.,.1, , ,. , ,,_ .. I R/�,.� ' i 1 i i, I ,......„-- ,... , !,, . , '..-/0.7..•;#4.',..i!r4.,',..,, .I..A.,7,,,,,-I.:0 '',.-".. it,„:-.-!,, '''., .. *. - - D.:if .".--,,,46....' - "",.,...„.?„,....,.....1-....., -se-..'",-;-:'4111416°.--4-.Z4-4*.' ' 1•11h' ' ::,,j• 1,;......,,,-:41; :4.e4L, ji , .,, :,.......- , i [ _ _ y ..�-..._. .�• - #�-___.. _ ki, A,' • vr. !. • , , 4' ., • t,„ei.,....,i:-. th•A , . , . -:..-- . -4, : r -,,, ' 1*"0.- ' ''' b r` 'lit,:liA- „;.,. ',.(4 4 t - . Nig , 1 , ,, I tIlid,; ,, gi • ir -- Athi,..-,, ,.: i .. }' l `+► . f. ...„.s. _..., -, --, r a., - .;,..0,- mit ,, .. 'it' ' t.,:i , -,.. * ' oils , -i ' - :.imilis 11 k,,i,c..-1:-7 II- I 4*6., , ,,,,....._ : ....„ ...., .,1 t 1 - ._ *it R --1,'IF Intl ,„.„, ,,,,,,,,,,,,..:Lri..u .,,,,,,„ ill IfP... ♦M�,!/4��'��It saTd:; � -.,.. t )� ;lir A �r Zak.. 111�.arr,r_..,, b..,r if li i i, ,,,, , iii , . , 4111 c 411 Il ,„ ,,,,,, .t' p , 1. , v ift..,..- , 1 Ilk i i : i. ' ' i- ilik. k . i i'' 0 40,.. il iiii „...ik A.-,,,, .... vi llikk:-.: 1111 ' frd 'T- .,. kill' ..00 1 ill %. \ , ti .,,,ro ... .1b. s;,..... +.i U Honey Bee Village Archaeological Preserve , 0., IMPLEMENTATION PLAN All block walls are mortar washed slump block, to lend an earthy, adobe-like appearance to the wall. The integration of decorative iron work will vary depending on the situation. A solid wall along the detached residential lots provides privacy for the residents and meets the pool fencing code for the Town of Oro Valley. The condominium wall is mostly ironwork, providing an extended view of the Santa Catal i nas from the Preserve and easy monitoring of the Preserve by the condominium residents. The fence along Moore Road protects the resources while incorporating a welcoming vis- ual window on the Preserve from the street. s .•'- . te"""#.., of 111�,.'`+ - ,!p•i-:..,,. .:.- - :- f 111 =TY1•A. ?• b'�,z �"Ea ,a" i'a 1H`fWIL e >'k,ycp3t2?+._ p The mortar washed slump g " e a -, _ block walls give the a ar_ ance of adobe without the *4: 14,A41.:44\ it* ,. i `,f= 4 '}\� • ;* ''r;. f�W sY ;._ T i"_ma Nom` . ' w 'A.' ` tea i l' }r;A:s w .,•; ; r 4 1 ._+ «r P +'°!i i . .." 4; ,"�° .af_tr»a - tai-3r. .4� 7 t „Art ,y •„y i 4.1 s - :;•% ' A " ”". 1 .' .' *m ' f 'for; b. w a a ..rr.r� $ ♦ t o =. • 1. y�-� •/ "s`- - r t717447;4 ,"4.,.w `�► �.rfi r ` ."`T s r t ' ` ..+ The height of the wall along the commercial area on the south side allows an unobstructed view of the Preserve. Interspersed along this mortar-washed slump block wall are "windows" allowing chil- dren a peek into the Preserve as they navigate the pedestrian access trail within the commercial area. A 24" seat wall defines the boundary between the Archaeological Park within the private resi- dential development and Honey Bee Village Archaeological Preserve. An easement on the adjoining private property allows the wall construction to avoid disturbing the Preserve. Footers for all walls are located off of the Preserve property. Implementation and mainte- nance of the wall is the responsibility of the Town of Oro Valley. 111 Honey Bee Village Archaeological Preserve 20 I . 1,-- ) IMPLEMENTATION PLAN _jII 1 1 _____________, l'-0- EASEMENTI MORTAR'WASHED t' DURING WALL CONSTRUC 3.00K WALL OR � =:•'« TION EXERCISE EXTREME DECORATIVE METAL J .;4,4 S g t CAUTION TO AVOID EN- FENCE r,PORTER LOCATED 1.1.. CROACHMENT OR DISTUR- BANCE WITHIN EASEMENT i PRIVATE PROPERTY r:.:r i INTO THE ARCHAEO- leLOGICAL PRESERVE.ALL � FOOTERS,WALL CONSTRUC- I '•r,,,;, • , ' ` TION ACTIVITIES&PREPA- f•Ai, RATION&ALL DIGGING I 4, , ACTIVITIES ON PRIVATE I ': ,•- PROPERTY.ERECT A MIN 4' HIGH ORANGE SAFETY ' • FENCING ALONG PROJECT r. BOUNDARY.ORANGE I : .: ,... SAFETY FENCE TO BE '. '.;, REMOVED BY HAND,AFTER I.••. CONSTRUCTION IS FIN- 1' ----.' IN- 1 --'`. ISHED. PRIVATE ! ARCHAEOLOGICAL 1 PROPERTY 1 PRESERVE I ;iii,5L ZDA.1...E'AO.)tl iii#_: i J (W,T'%>'IJR.I',,,-1 it 1,.•.11)1 WALL EASEMENT PLAN VIEW r. - E.ASEMENT PRIVATE • - t—' ARCHAEOLOGICAL PROPERTY •• PRESERVE GE•ORATIVE METAL FENi::E — ERE+'=T 4'HIGH CIEANGE SAFETY FENCE 0 PROJECT E OUNDARY. I I IXIE GREAT CARE TI)AVOID HEIGHT YAEIE r EN:ROAL:HMENT OR[MSTURP.AW.E 6.'-0`MAX----- INTO PRESERVE DURING WALL /J STXF L TION ORANGE SAFETY FENCE TO BE REMOVED BY HAND,AFTER CONSTRUCTION IS FINISHED. VIII 4 C.ON:`:RETE KO►`,K LASE le,-;i4"WITH MORTAR WASH FINISH I /1/ I 1 1Nf;H GRADE ( ., ILII =1111E.:-.i11 : = III—=--ll i =-fill 't ��1=lle� . .. .•. a till I,.... I , •(TYI') •.: :0 1-8- TYPICAL DECORATIVE METAL FENCE (6-O"IN HEIGHT MAXIMUM) IHoney Bee Village Archaeological Preserve 21 IMPLEMENTATION PLAN EROSION CONTROL Disturbance of the soil surface is minimized in order to reduce erosion, associated maintenance problems, and, most importantly, minimize degradation of the subsurface archaeological resources. Proper drainage of surface water is the most important factor in design, creation, and maintenance of the pathways. Grade slopes are held to a minimum. Surface erosion resulting from improper drainage negatively impacts the pathway surface, causing damage to the natural environment, in- creasing maintenance requirements, and threatening archaeological artifacts. Reseeding of native perennials and grasses in disturbed areas prevents further erosion. On areas that have experienced cutting, rolled silt socks may slow the runoff. Small rock check dams placed in the channels reduce further erosion and cutting. These erosion control methods will be field-located by the landscape contractor and archaeologist. Q NOTE: 4"-6"DIAMETER NATURAL STONES, MAINTAIN ROADBED"SWALE"OVER E.G..CORONADO GROWN COLOR MOUNDS TO MAINTAIN DRAINAGE PATH. RIP-RAP( EDGE OF PATH AVOID UNDERCUTTING NEW AREAS -PROVIDE 2% CROSS-SLOPE DRAINAGE 3-4"CLEAN.IMPORTED ELSEWHERE NATIVE SOIL TO CAP EROSION COMPACTED MINIMUM 4"LAYER 1/4"MINUS TOS' DECOMPOSED GRANITE COMPACTED NON-WOVEN TO 95%.TREATED WITH POLYPAVE- RTILE FADIC MENT AS SHOWN ON SCHEMATIC FABRIC � 1r NATIVE _ ?1111111� • : - 11=11 1 11I1.�-11, I) - II I1� 111 1111-----=i1F45 NOT TO 5CALE TYPICAL F'AIHWAY OVER EROSION AREA. I Honey Bee Village Archaeological Preserve 22 r { IMPLEMENTATION PLAN _• _ 1 SURFACE MATERIALS The three types of pathways located within the Preserve share common implementation features designed to protect the site's valuable resources from damage. These pathways follow existing tracks wherever possible, utilizing surface compaction from past vehicular traffic for the pathway founda- tion. Cutting of the surface material may damage resources below grade and is prohibited. Clean, imported native soil atop the existing grade addresses surface irregularities, erosion, and drainage issues. A mid-weight non-woven geotextile fabric installed over the native soil and pinned in place separates the resources in situ from imported materials. zat # .,� .. " { Main Pathway �` - : 1„ Minus Gradation Decom- +k =Nif �.� •+� � t�+l... �f+ � app, �F ,"T 't ; ,,-. .,. '°¢ t #. posed Granite (D.G.) in Desert . .. ..!.f ..1 -At' t : Gold or similar color is mini- a• mum 4" depth and compactedacted� w # ;4,4_3. •.. - to 90% relative compaction. The Main Pathway is a mini # ! . mum 8' wide with a jj.., wr- rlongitud i- -J � nal gradient to comply with 4r'T _ "- I1. ._r- ►� ' � ADA standards. This pathway , • ;.,t �; �. ,, _ .* is built up above existing grade. Feather edge of these pathways to grade and line both sides with small natural stones to define edge. Application of a wa- ter-based polymer soil solidifying emulsion specifically manufactured to harden decomposed granite makes the Main Pathway ADA accessible. The solidifying emulsion shall not alter the gravel color. The emulsion, PolyPavement or a similar product, is applied according to manufacturer's recom- mendation. Secondary Pathway 1" Minus Gradation Decomposed Granite (D.G.), Desert Gold or similar color, is 4" or greater depth compacted to 90% relative compaction for minimum. The Secondary Pathway is a minimum 6' wide with longitudinal gradient to comply with ADA standards where feasible. Pathway is built up above existing grade. The edge of the pathway material is feathered to grade and both sides are lined with small natural stones. Maintenance Path The maintenance path layers 1/2" Minus Gradation Decomposed Granite (D.G.) in Desert Gold or similar color to a depth of 3-4", compacted to 90% relative compaction. The maintenance pathway is a minimum 8' wide. This access is used by heavier vehicles during the initial Preserve creation, but will be limited to small, light "golf cart" size vehicles for future maintenance. A maintenance staging area, located near the Moore Road gate, provides a location for the unload- i ng of fill and decomposed granite. These materials are then installed as specified in the Preserve during initial implementation and future maintenance activities. The staging area will not be used for long-term material or equipment storage. Honey Bee Village Archaeological Preserve 23 C IMPLEMENTATION PLAN SEATING Consideration has been given to allowing rest areas for the elderly, disabled, children, and others who need or wish to stop. Three seating locations are identified within the Preserve. These areas allow views of site features and distant vistas. Locating the seating under shade trees is preferred. Precast concrete benches, such as those offered by Out- door Creations, Inc., Wausau Tile, and Doty & Sons Con- crete Products, Inc. include a back rest and optional logo/ monument plaque insertion. The concrete is integrally col- OM ored with a light tan or sand color. 111111 The heavy weight of the concrete benches reduces the chance of damage or vandalism. Precast concrete pads rather than poured in place foundations supports the legs, preventing bench subsidence and surface disturbance. The surrounding grade is leveled with clean compacted fill and -2r* then topped with a minimum 3" layer of decomposed gran- ite. The DG is level with or higher than the top of the con- crete foundation pads, avoiding a trip hazard. A mid-weight non-woveng eotextile fabric installed over the native soil and pinned in place separates the resources in situ from imported materials used to level the seating areas. VEGETATION x -.. „;40, _ Limited reseeding and revegetation is proposed to address past surface dis- s; turbance and associated erosion problems. Planting is determined on a case P c by case basis in response to the overall layout and environmental condi- , a,,^f..s..i_ , _w.". •' ... tions. The plants listed are native to the area and suited to open exposed $ areas with difficult growing conditions. To protect the subsurface features, g g no supplemental irrigation will be within the Preserve. R Cholla and prickly pear, native to the area, are suited to revegetate heavily 7disturbed areas; particularly those compacted by heavy vehicular traffic. ,F — Cacti are especially effective at encouraging visitors to stay on the estab- • lished pathways. Selective cacti planting combined with hydroseed i ng and t'.- 7. the discontinuance of surface disturbance hel s Preservea p the landscape to recover its natural character. a a • a.ts In a few instances, selective vegetation thinning or removal is appropriate in areas identified during site recognizance. Width and height clearance is maintained on pathways for safety. Additionally, some features designated for interpretation such as the Bal lcou rt, are hidden under dense patches of shrubs and cactus. All vegetation removal opera- tions are coordinated to prevent feature disturbance. No digging is allowed as part of the vegetation management activities without clearance from consulting archaeologists and the State Historic Pres- ervation Office. Honey Bee Village Archaeological Preserve 24 r � - r IMPLEMENTATION PLAN HYDROSEEDING The hydroseeding mixture includes seed from Town of Oro Valley Approved Revegetation Seed Mix List. Amendments used in the hydroseed slurry help hold down the soil while plants become estab- lished, holding seed in place and protecting them from wind, rodents and birds. These amendments include fertilizers, wood-fiber mulch, organic soil amendments, and tackifiers. Mulch holds critical moisture for seed establishment. Areas to be hydroseeded are selected on a case by case basis. The area is lightly scarified by a rake in highly compacted or crusted soil conditions to ensure maximum impregnation and plant cover- ' age. Seed is applied to prepared areas between October 1 and the end of January using the best known application methods for the region. A uniform visible coat is applied to all disturbed areas. Any ground disturbing activity associated with hydroseeding will have prior consultation with and concurrence from archaeologists and the SHPO. Planting feature standard comments Hydroseed using a selection Use mulch and tackifier. Hydroseeding of native seeds from table Planting of cacti Minimal size holes to be dug Consult with Archaeologists and SHPO prior to any for cholla and prickly pear subsurface disturbance. • Prickly Pear may be harvested on-site during selective Plant sizes- prickly pear Prickly Pear is a minimum clearing or brought from a nearby locality. cacti three pads or 5 gallon Plant sizes-cholla cacti Cholla is a minimum two feet Cholla may be harvested on-site during selective • high or 5 gallon clearing or brought from a nearby locality. Plant botanical name common name comments • Selectively plant to revegetate heavily trafficked ar- Opuntia species Cholla eas, discourage foot traffic off of the pathways&to dro . • Serelectiucevelyeosiplant to revegetate heavily trafficked ar- Opuntia species Prickly-Pear eas, discourage foot traffic off of the pathways&to reduce erosion. NATIVE SEEDS The Native Seed List was derived from the Town of Oro Valley Approved Revegetation Seed Mix List. The list is not inclusive of all native vegetation. When possible, the seed should be collected from within 30 miles of the Preserve. Seed shall be of commercial quality and of the best standard of purity available and shall be free of noxious weeds. Honey Bee Village Archaeological Preserve 25 rest r'e""' IMPLEMENTATION PLAN 4-/ ORO VALLEY APPROVED REVEGETATION SEED MIX LIST BASE SEED MIX Use the following seeds botanical name common name PLS* Rate lbs/acre Aristida purpurea(P,W) Purple Three-Awn 2.0 Sporobolus cryptandrus(P,W) Sand Dropseed 1.0 Plantago insularis(A,C) Indian Wheat 3.0 Sphaeralcea ambigua(P, C/W) Desert Globe-Mallow 1.0 Senna covesii (P,W) Desert Senna 2.0 Encelia farinosa(P, C/W) Brittlebush 1.5 Ambrosia deltoidea(P,C) Triangle-Leaf Bursage 4.0 Haplopappus(Ericameria) laricifolius(P,C/W) Turpentine Bush 1.0 Baileya multiradiata(P,C/W) Desert Marigold 1.0-2.0 Penstemon sp. (P,A,C/W) Penstemons 1.0-2.0 Atriplex canescens(P, C) Four-Wing Saltbush 3.0 Grass Species Plus choose a minimum of two(2)grasses and two(2) non-grass species from the following, utilizing those species ap- propriate to the season during which they are planted. Setaria macrostachya(P,W) Plains Bristle Grass 2.0 Bouteloua curtipendula(P,W) Sideoats Grama 2.0 Eragrostis intermedia(P,W) Plains Lovegrass 1.0 Leptochloa dubia(P,W) Green Sprangle-Top 1.0 Non-grass Species Larrea divaricata(P,W) Creosote 6.0 Atriplex canaescens(P,C) Four Wing Salt Bush 3.0 Psilostrophe cooperi (P, C/W) Paper Flower 1.0-2.0 Atriplex polycarpa Desert Saltbush 1.0-3.0 Atriplex lentiformis(P,C) Quail Bush 1.0-2.0 Escholtzia mexicana(A,C) Mexican Poppy 1.0-3.0 Phacelia campanulavia(A,C) Desert Bluebells 1.0-3.0 Verbena sp. (P, C/W) Sand Verbena 1.0-2.0 Lupinus sp. (A,W) Lupine 1.0-3.0 *PLS = Pure Live Seed KEY: A = Annual; P = Perennial; C = Germinates and thrives in the cool season; W = Germinates and thrives in the warm season; C/W = Germinates and thrives in cool/warm seasons. NOTE: The cool season in Oro Valley runs September through March, and the warm season is from March through October, with an overlap of seasons. Honey Bee Village Archaeological Preserve 26 TJL IMPLEMENTATION PLAN FUTURE NEEDS The future needs for the establishment and management of Honey Bee Village are listed below. Many of these needs were identified in the Honey Bee Village Archaeological Preserve Conceptual Plan of May, 2005. RESTORATION PLAN Develop a restoration plan to backfill or otherwise stabilize mapped previous disturbances and ero- sion. Implement this restoration plan in a manner that minimizes additional damage to intact ar- chaeological deposits. This plan will be reviewed and approved by Pima County, Oro Valley, and the Arizona State Historic Preservation Office. Archaeological monitoring should occur during im- plementation of the approved plan. ' ARCHAEOLOGICAL MANAGEMENT PLAN Establish a regular program of inspection of the preserve by Arizona Site Stewards (at least monthly). In addition, there will be at least one annual inspection by a professional archaeologist. During op- al erations there will be occasional issues such as when erosion or small animal excavations serve to Ilb expose something sensitive such as human remains. A professional archaeologist should also be available on an on-call basis to respond to any problems identified by Site Stewards. The plan will include consultation requirements with the Arizona SHPO, an agreement with SHPO regarding on- going activities and maintenance consultation, and an Arizona State Museum Burial Agreement re- garding the potential discovery of human remains within the Preserve. SIGNAGE PROGRAM Create a signage program for all Honey Bee Village signs both within and outside of the Preserve. Coordinate the locations, styles, and content to lend unity and professionalism to the Preserve ex- perience and improves community support. Exceptions to the Town of Oro Valley sign code are i necessary to allow flexibility and creativity in Preserve signage. INTERPRETIVE PROGRAM Develop an interpretive program coordinated with the nearby interpretive elements to convey the areas rich past. Coordinate interpretation within the Preserve with interpretive program outside of the Preserve that displays artifacts, offers interpretive visualizations, places the site in context, and conveys a preservation ethic. Use state-of-the-art techniques. Include a program of docent-led tours -:. to enhance the Preserve experience. A plan that identifies interpretive themes and presents guide- lines for a long-term interpretation program will be the final product of this endeavor. This interpre- tive program could build upon the interpretive plan for Honey Bee Village developed by the Center for Desert Archaeology, in partnership with the Oro Valley Historical Society, from a grant awarded by the Arizona Humanities Council. ! Honey Bee Village Archaeological Preserve 27 OM jr ' IMPLEMENTATION PLAN SCHEDULE AND BUDGET Plan, design, and construct the Preserve facilities including perimeter walls, fencing, gates, seating, and signage based on the recommendations found in this plan. Create a schedule of construction phasing, with erection of the perimeter wall a priority. Clearance for all design and construction must granted by the consulting archaeologists and the State Historic Preservation Office and the Town of Oro Valley. Develop a budget for the Preserve restoration, design, construction, and man- • agement based on plans and programs as they are defined. Identify sources of funding to imple- ment these items. Funding for the construction of the perimeter wall has been granted by the To- hono O'Odham Nation. OPERATIONS AND MANAGEMENT PLAN Develop an operations and maintenance program that addresses Preserve assets: including vegeta- - tion, pathways, walls, gates, and seating. This program includes educating all paid personnel and volunteers. Educate these individuals on the regular inspection and reporting on the condition of Preserve assets. Authorization for volunteers or employees to go off the prepared trails shall be con- r tingent on having received the appropriate training regarding the preservation practices of this Pre- serve. Establish protocols for responding to problems as they are identified. A provision for a budget to address periodic maintenance and upkeep is necessary. IN 6a Honey Bee Village Archaeological Preserve 28 r r IMPLEMENTATION PLAN APPENDIX The following Management Recommendations were included in the Town of Oro Valley's Honey Bee Village Archaeological Preserve Concept Plan by CommunityByDesign and Desert Archaeology, May 31, 2005. Several of these recommendations have been implemented through this document or through the on-site archaeological work being conducted on the surrounding private lands by Desert Archaeology. Much of this work remains to be done. • Create an interpretive brochure to begin communicating the general plan for the Honey Bee Vil- lage Preserve. There should be community awareness of the process from the outset. • Prepare a detailed archaeological map of the surface within the core area in order to document all previous disturbance factors (roads, bulldozer pushes of vegetation, tree holes, erosion areas, etc.) that should be addressed during preserve planning. • Archaeological information derived from the site outside the core shall be used to refine planning for the core preserve. This information may also facilitate identification of additional areas outside the core that can be preserved. Such additional preservation areas should be protected by cove- nants that are recorded with the property deeds. Close communication between the archaeolo- gists, Native Americans, Oro Valley, Pima County, and the developer should continue throughout this process. • Integrate archaeologists, Tohono O'odham representatives, the Oro Valley Historic Preservation Commission, Pima County, and the interested public in preserve planning. • Trails within the preserve should make use of previously disturbed areas where possible in order to minimize impacts to intact archaeological deposits. • Develop a restoration plan to backfill or otherwise stabilize mapped previous disturbances. Im- plement this restoration plan in a manner that minimizes additional damage to intact archaeo- logical deposits. This plan shall be reviewed by Pima County, Oro Valley, and the Arizona State Historic Preservation Office. Archaeological monitoring should occur during implementation of the approved plan. • Signs used at the entrance to and within the preserve should address broad issues. They could provide maps, for example, that would indicate where neighbors would have lived at different times in the past. They should be used to set the stage for a quiet and introspective journey through the natural and cultural space preserved here. • Develop a nearby, but off-site, interpretive program that displays artifacts, offers interpretive visu- alizations, places the site in context, and conveys a preservation ethic. Use state-of-the-art tech- niques. • Develop an operations and maintenance program that includes education of all paid personnel and volunteers. Authorization for volunteers or employees to go off the prepared trails shall be contingent on having received the appropriate training regarding the preservation practices of this preserve. • Establish a regular program of inspection of the preserve by Arizona Site Stewards (at least monthly). In addition, there shall be at least one annual inspection by a professional archaeolo- gist. A professional archaeologist should also be available on an on-call basis to respond to any problems identified by Site Stewards. • During operations there will be occasional issues such as when erosion or small animal excava- tions serve to expose something sensitive such as human remains. Honey Bee Village Archaeological Preserve 29 r r IMPLEMENTATION PLAN • There may need to be small excavations that focus on the very limited areas of planned distur- bances associated with implementing the preserve. For example, signs, benches, or ramadas could all involve limited subsurface disturbances that might require excavations of comparable scale. The goal of the Archaeological Preserve is the in situ preservation of the archaeological features, de- posits, and artifacts. There may be an interest in future archaeological research that may include ar- chaeological collections or excavations. Any archaeological investigations purely for research purposes that require excavations or collections are not encouraged but may be allowed under exceptional cir- cumstances as future conditions dictate. Any future archaeological research at the Preserve that re- quires collections or excavations must be agreed to by all stakeholders, be to the highest prevailing ethical and scientific standards, and be fully permitted and approved by the appropriate agencies. Honey Bee Village Archaeological Preserve 30 TOWN OF ORO VALLEY STAFF REPORT TO THE TOWN COUNCIL MEETING DATE: February 21, 2007 TO: MAYOR& TOWN COUNCIL Bayer Vella, AICP, Principal Planner FEB "5Br :� _ FROM: y •4.J :. ; SUBJECT: (R) 072 Resolution of the Mayor and Council of the Town of Oro Valley Authorizing and - � Approving Intergovernmental Agreement between Pima County, Pima County Regional pp g an g Flood Control District, and the Town of Oro Valley for Cooperation with Respect to the Big Wash Restoration Project and Installation and Maintenance of a Linear Park. The project is associated with the Oro Valley Marketplace development located at the southeast intersection of Oracle and Tangerine Roads. EXECUTIVE SUMMARY: Need for an Intergovernmental Agreement (IGA) In March of 2002, the Pima County Board of Supervisors approved a development agreement "Prescribing Conditions for Development of Rancho Vistoso Neighborhood 12 and Creating the Honey Bee Biological Corridor From the Proposed Tortolita Mountain Park to Catalina State Park". In sum, the agreement is a result of a Vistoso Partners request to rezone Neighborhood 12. The County approved a Neighborhood 12 rezoning to allow a maximum of 194 residential units and the Board required, via the development agreement, the 'edication of 988 acres of natural open space. Most of the area of natural open space included the Honey Bee "Wash environs and segments of Big Wash/Canada del Oro Wash. And, a portion of Neighborhood 4 was included in the equation as follows: "Developer shall, concurrent with the development of Neighborhood 4 of Rancho Vistoso Planned Area Development, but not later than five (5) years from the date of this agreement is approved by the Pima County Board of Supervisors, restore 67 acres of the riparian vegetation within the floodplain areas described in Exhibit "I" in accordance with a riparian restoration plan approved by the Flood Control District. Developer shall pay for all costs associated with the restoration of the 67 acres. " The area depicted in the agreement is commonly referred to as the farm field—which is owned by Pima County. Asp art of the Oro Valley Marketplace development proposal, Vestar will complete the restoration. The Town Council approved Development and Master Landscape Plans provide that a 77 acre riparian restoration effort will occur as part of the shopping center first phase. An IGA is needed to specify the process, terms, and conditions of restoration plan review, approval and implementation. Furthermore, it must provide for the installation and maintenance of a planned multi-use trail on Pima County owned land. IGA Components ?estoration Plan: The IGA specifies that the Town of Oro Valley will be the lead project management and review agency for all components of the restoration project. Pima County must provide review comments in a timely manner and will participate in all inspections. I TOWN OF ORO VALLEY OWN COUNCIL STAFF REPORT Page 2 Linear Park: The IGA enables the County to grant a license to maintain, repair, and operate the multi-use trail for public use. Vestar will actually construct the trail and associated amenities (landscaping and benches) and the Town will assume maintenance responsibilities. Review Process: The following Town departments have reviewed and approved the form and content of the proposed IGA: • Legal • Parks & Recreation • Planning &Zoning • Public Works pP Once the OV Town Council approves an IGA, it will be scheduled for review and approval by the Pima County Board of Supervisors. SUGGESTED MOTIONS [approve,I move toapprove with conditions, OR deny] (R) 07-27, resolution authorizing and approving an intergovernmental agreement between Pima County, Pima County Regional Flood Control District, and the g 'own of Oro Valley for cooperation with respect to the Big Wash restoration project and installation and iswinaintenance of a Linear Park7 i I ,"a, ,i,„,( ii 1 -- lanni : and Zoni - P irecto ti, ,t-i . i -6- f '%', n Attorney .-- ) l' ' /i /-'--) iti, Public W rks Director •it , � s,__,..___ �---) �3 Parks &Recrea ion Director 9.ek4,—,c4V-i , As ' tant Town Manager As ( ai.164...."1_, Town Manager Attachments: Resolution (R) 07- 27 roposed IGA F:\ov\ovinoo4\ov12-04-30E\TC.RPT Town County IGA.doc RESOLUTION NO. (R) 07 27 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, AUTHORIZING AND APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN PIMA COUNTY, THE PIMA COUNTY FLOOD CONTROL DISTRICT AND THE TOWN OF ORO VALLEY FOR THE BIG WASH RESTORATION PROJECT AND INSTALLATION AND MAINTENANCE OF A LINEAR PARK WHEREAS, the Town a political of Oro Valleyis subdivision of the State of Arizona vested with all associated rights, privileges i hts rivile es and benefits and is entitled to the immunities and exemptions grantedmunicipalitiesandpolitical subdivision under the Constitution and laws of the State of Arizona and the United States; and WHEREAS, pursuant to Arizona Revised Statutes (A.R.S.) § 11-952, the Town, Pima County and the Pima County Flood Control District are authorized to enter into intergovernmentalagreementsjoint for and cooperative action with other public agencies; and WHEREAS, et Oro ValleyMarketplace ("OVM") is in the process of being developed in Oro p Valley; and %110, WHEREAS, in conjunction with the development of OVM, an adjacent area under County � jurisdiction, "Big Wash", is being restored; and WHEREAS, Pima County, Pima County Flood Control District and the Town wish to enter y this Intergovernmental Agreement, attached hereto as Exhibit "A", to provide for the into g g cooperation of the Parties in the monitoring and approval of the restoration of"Big Wash"; and WHEREAS, it is in the best interest of the Town to enter into the IGA, attached hereto as Exhibit "A" and incorporated herein by this reference, in order to set forth the terms and conditions to provide for the health, safety and welfare of the residents in the Town of Oro Valley, NOW, THEREFORE, BE IT RESOLVED BY THE TOWN OF ORO VALLEY AS FOLLOWS: 1. That the Intergovernmental Agreement between the Town of Oro Valley, Pima County and the Pima County Floor Control District, attached hereto as Exhibit "A", is hereby approved. 2. That 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 IGA. \\Legal\sharefiles\Planning&Zoning\Projects\Vcstar-OV Marketplace\IGA\resolution.doc Town of Oro Valley Attorney's Officc/ea/020007 PASSED AND ADOPTED by Mayor Ma or and Town Council of the Town of Oro Valley, Arizona this 21st day of February , 2007. TOWN OF ORO VALLEY Paul H. Loomis, Mayor ATTEST: APPROVED AS TO FORM: Kathryn Cuvelier, Town Clerk Melinda Garrahan Town Attorney \\Lcgal\sharefiles\Planning&Zoning\Projects\Vestar-OV Marketplace\IGA\resolution.doc 2 Town of Oro Valley•Attorney's Officelca/020907 Intergovernmental Agreement between Pima County, Pima County Regional Flood Control District, and the Town of Oro Valley for Cooperation with Respect to the Big Wash Restoration Project And Installation and Maintenance of a Linear Park This Intergovernmental Agreement ("IGA") is entered into by and between Pima County, a political subdivision of the State of Arizona ("County"), Pima County Regional Flood Control District, a special taxing district of Pima County ("District"), and the Town of Oro Valley, a municipal corporation("Town"), pursuant to A.R.S. § 11-952. Recitals A. County,District, and Town may contract for services and enter into agreements with one another for joint or cooperative action pursuant to A.R.S. § 11-951, et seq. B. Vistoso Partners,L.L.C.,an Arizona limited liability company("Owner"),is in the process of g develop in a commercial/retail center called Oro Valley Marketplace, on a parcel of property approximately 114 acres in size,at the Southwest corner of Tangerine and Oracle p Y PP Roads within the Town (the "Development"). C. The Development is adjacent to a wash know as the "Big Wash." D. County,District, and Owner have entered into that certain Rancho Vistoso Planned Area Development Neighborhood 4 Restoration Agreement, approved by the County and District on December 12,2006(the"Restoration Agreement"),pursuant to which Owner has agreed to carry out a restoration project (the"Project") on approximately 77 acres of land owned by the County within the Big Wash. The Project is described in a plan (the "Restoration Plan") that is attached to and incorporated into the Restoration Agreement, and includes both an initial excavation and restoration phase,and a subsequent monitoring, maintenance and repair phase. E. The Project is being carried out by Owner to satisfy its obligations under an earlier agreement between a predecessor-in-interest of Owner and the County, and to satisfy obligations it has undertaken to the Town in connection with its development of the Marketplace. All three parties to this IGA wish to see the Project completed successfully. Pursuant to the Restoration Agreement, Owner will obtain performance bonds for both 1 phases of the Project,which will include both the Town and the County as co-obligees(the "Performance Bonds"). F. Project the Pro'ect will be completed as part of the overall development of the Marketplace, the Town will be responsible for review and approval of the Grading, Planting and Irrigation Plans in the Restoration Plan, for issuance of all construction and g building permits, and for final inspection and approval of all construction. Under the Restoration Agreement, Owner is also required to submit copies of all such plans, and to coordinate all aspects of the Project,with the District and the County, and the District and p the County have the right to inspect the Project at any time for compliance with the Restoration Plan, and even suspend it if necessary. G. County, District and Town wish to cooperate in the monitoring and approval of the Project. H. In addition, Owner is required by Section 9(D) the Restoration Agreement to construct a linear trail(the"Trail")on County or District-owned property along the western boundary of the Development, pursuant to a design approved by the County and the Town. The Restoration Agreement contemplates that the County, District, and Town intend to enter into an intergovernmental agreement with respect to future maintenance, repair and replacement of the Trail after its construction by Owner. NOW,THEREFORE,County,District and Town,pursuant to the above,and in consideration of the mutual obligations hereinafter set forth, do hereby agree as follows: Agreement 1. Purpose. The purpose of this IGA is to provide for the cooperation of the parties in the monitoring and approval of the Project. 2. Project Liaisons. Each party hereunder shall designate to the other parties, in writing, an individual who will act as the primary point of contact for coordinating activities with respect to the Project(each a"Liaison"). A party may at any time,with notice to the other parties, change the individual acting as its Liaison. 3. Restoration Plan. The parties agree to coordinate and cooperate with one another in all aspects of approval and monitoring of the Project. 4. Plan Reviews. In order to obtain permits to construct the Project,Owner will be required to submit detailed landscape, irrigation and grading plans ("Plans") to the Town. Town shall submit copies of such Plans and any subsequent revisions to the District. The District or County shall review the Plans,within ten(10)business days from the date of receipt of the Plans,for substantial conformance with the Restoration Plan, and shall provide written comments to the Town on or before the end of business on the eleventh (11th) day. The County will be deemed to have approved the Plans as submitted if it fails to provide such comments by the deadline. The Town shall include these comments, if any, in its 2 comments to Owner and shall review subsequently submitted Plans for conformance with the comments. The Town shall not issue any Restoration Area Project permits until the District's/County' s concerns, if any, have been adequately addressed. Owner will be required to conduct on-going periodic field inspections and 5. Inspections. q . the Project ect site duringrestoration to verify contractor compliance with the monitoring of � Plan and for certification to the Town in accordance with the project standard Restoration details and specifications and applicable Town requirements. Such inspection and monitoring will include coordination with contractor and geotechnical engineer, preparation ofdailylog of events, plan interpretation, and coordination with Town field staff. The parties will coordinate with the Owner and with one another to conduct relevant field inspection and monitoringof the Proj ect, including plant density and type, grading, drainage, excavation and backfill, on-site and off-site plant nurseries and salvaged plant storage areas. 6. Performance Bonds. Owner will be required to provide written notice to the Town and Countyfor partial or full release of the restoration Performance Bond. The County the . shallperform its portion of any inspections of the Project within five (5)business days to expeditiouslyauthorize release of any performance bond and corresponding dual obligee rider. 7. Linear Park Trail. The County hereby grants to Town a License to maintain, repair and operate the Trail,after it is completed by Owner,under the following terms and conditions: a. Maintenance of Trail. The Town shall maintain,repair,replace,and operate the Trail and related improvements for use by the public. All repairs or replacements shall be conducted in a ood and workmanlike manner in conformity with plans approved by g County, and the Trail and related improvements shall be maintained and repaired so that they remain in a good and safe condition. b. Use. The Trail and all related improvements may be used by any resident of the County without preference as to place of residence. c. Assignment. The Town may not assign this License without the prior written approval of the County. No such assignment, even if approved, shall operate to release the Town from any of its obligations and responsibilities hereunder. d. Annual Fee. Pursuant to Pima County Board of Supervisors Policy Number F54.3, County waives the annual fee. e. Removal of Improvements. Within ninety (90) days after expiration or earlier termination of this License the Town shall, at its own expense,remove the Trail and related improvements to the satisfaction of the County unless County advises Town to leave the improvements in place. 3 8. Term. This IGA shall be effective on the date it is recorded with the Pima County win execution byboth parties and shall continue for a period of twenty- Recorder, following twenty- five(25)years unless otherwise provided herein,or,prior to the expiration of such period, extended or terminated by agreement of the parties. After completion of the Project,either party may terminate this IGA,with respect to the License granted in Section 7 above,with ninety(90) days notice to the other party. 9. Indemnification. Each party (as Indemnitor) agrees to indemnify, defend and hold harmless the other party (as Indemnitee) from and against any and all claims, losses, liability, costs or expenses(including reasonable attorney's fees)(hereinafter collectively referred to as "claims") arising out of bodily injury of any person (including death) or property damage, but only to the extent that such claims which result in vicarious/derivative liability to the Indemnitee,are caused by the act,omission,negligence, misconduct, or other fault of the Indemnitor, its officers, officials, agents, employees, or volunteers. 10. Insurance. Each party shall obtain and maintain at its own expense,during the entire term of this Contract the following type(s) and amounts of insurance: a) Commercial General Liability in the amount of$1,000,000.00 combined single limit Bodily Injury and Property Damage. b) Commercial or Business automobile liability coverage for owned,non-owned and hired vehicles used in the performance of this Contract with limits in the amount of $1,000,000.00 combined single limit or$1,000,000.00 Bodily Injury, $1,000,000.00 Property Damage. c) If this Contract involves professional services, professional liability insurance in the amount of$1,000,000.00. d) If required by law, workers' compensation coverage including employees' liability coverage. Parties to this agreement shall provide thirty(30) days written notice to all parties to this IGA of cancellation, non-renewal or material change of coverage. The above requirement may be alternatively met through self insurance pursuant to A.R.S. §§ 11-261 and 11-981 (or if a school district, § 15-382)or participation in an insurance risk pool under A.R.S. § 11.952.01 (if a school district, § 15-382), at no less than the minimal coverage levels set forth in this article. Parties to this agreement shall provide thirty(30) days written notice to all other parties of cancellation,non-renewal or material change of coverage. 11. Compliance with Laws. The parties shall comply with all federal, state and local laws, %Iry rules, regulations, standards and Executive Orders, without limitation to those designated within this IGA. The laws and regulations of the State of Arizona shall govern the rights of 4 the parties, the performance of this IGA and any disputes hereunder. Any action relating to this IGA shall be brought in an Arizona court in Pima County. 12. Non-Discrimination. The parties shall not discriminate against any County employee, client or any other individual in any way because of that person's age, race, creed, color, religion,sex,disability or national origin in the course of carrying out their duties pursuant to this IGA. The parties shall comply with the provisions of Executive Order 75-5, as amended by Executive Order 99-4,which is incorporated into this IGA by reference, as if set forth in full herein. 13. ADA. The parties shall comply with all applicable provisions of the Americans with Disabilities Act (Public Law 101-336,42 U.S.C. 12101-12213) and all applicable federal regulations under the Act, including 28 CFR Parts 35 and 36. 14. Severability. If any provision of this IGA,or any application thereof to the parties or any person or circumstances,is held invalid,such invalidity shall not affect other provisions or applications of this IGA which can be given effect, without the invalid provision or application and to this end the provisions of this IGA are declared to be severable. 15. Conflict of Interest. This contract is subject to cancellation for conflict of interest pursuant to A.R.S. § 38-511, the pertinent provisions of which are incorporated herein by reference. 16. Non-Appropriation. Not withstanding any other provision in this IGA,this IGA may be terminated if for any reason the Pima County Board of Supervisors,the Board of Directors of the District,or the Town Council does not appropriate sufficient monies for the purpose of maintaining this IGA. In the event of such cancellation,no party shall have any further obligation hereunder. 17. Legal Authority. No party warrants to the others its legal authority to enter into this IGA. If a court, at the request of a third person, should declare that a party lacks authority to enter into this IGA, or any part of it, then the IGA, or parts of it affected by such order, shall be null and void,and no recovery may be had by any party against another for lack of performance or otherwise. 18. Worker's Compensation. Each party shall comply with the notice of A.R.S. § 23-1022 (E). For purposes of A.R.S. § 23-1022, each party shall be considered the primary employer of all personnel currently or hereafter employed by that party,irrespective of the operations of protocol in place, and said party shall have the sole responsibility for the payment of Worker's Compensation benefits or other fringe benefits of said employees. 19. No Joint Venture. It is not intended by this IGA to, and nothing contained in this IGA shall be construed to, create any partnership, joint venture or employment relationship between the parties or create any employer-employee relationship between any party and any employees of another party. No party shall be liable for any debts, accounts, obligations or other liabilities whatsoever of another, including (without limitation) the 5 otherg art 's obligation to withhold Social Security and income taxes for itself or any of its p Y employees. 20. No Third Party Beneficiaries. Nothing in the provisions of this IGA is intended to create duties or obligations to or rights in third parties not parties to this IGA or effect the legal liability any party to the IGA by imposing any standard of care with respect to the Y maintenance of public facilities different from the standard of care imposed by law. 21. Notice. Any notice required or permitted to be given under this IGA shall be in writing and shall be served by delivery or by certified mail upon the other party as follows (or at such other address as may be identified by a party in writing to the other party) : County/Flood Control District: Oro Valley: Suzanne Shields, P.E., Director Town Manager Pima County Regional Flood Control District 11,000 N. La Canada Drive 97 E. Congress St. Oro Valley, AZ 85737 Tucson, Arizona 85701 With copies to: County Administrator Town Attorney 130 West Congress Street, 10th Floor 11,000 N. La Canada Drive Tucson, Arizona 85701 Oro Valley, AZ 85737 Clerk of the Board 130 West Congress, 5th Floor Tucson, Az 85701 [Remainder of page intentionally blank] 6 22. Entire Agreement. This document constitutes the entire Agreement between the parties pertaining subject to the sub j ect matter hereof, and all prior or contemporaneous agreements and understandings, oral or written, are hereby superseded and merged herein. This IGA shall not be modified, amended, altered or extended except through a written amendment signed by the parties and recorded with the Pima County Recorder. In Witness Whereof,the parties have caused this Intergovernmental Agreement to be approved .f and executed according to the laws, rules and policies applicable to each. PIMA COUNTY: PIMA COUNTY REGIONAL FLOOD CONTROL DISTRICT Chairman Chairman Board of Supervisors Board of Directors ATTEST: ATTEST: Clerk of the Board Clerk of the Board TOWN OF ORO VALLEY ATTEST: Mayor Town Clerk Approved as to Content: al,-44, , c 6--._ . ,--,./ ____( /1/ -'e( Suzann Shields, P.E. Director 7 Intergovernmental Agreement Determination oin Intergovernmental Agreement between Pima County, the Pima County Regional The foregoing g �' Flood Control District and the Town of Oro Valley has been reviewed pursuant to A.R.S. § 11-952 by the undersigned,ed, who have determined that it is in proper form and is within the powers and authority granted under the laws of the State of Arizona to those parties to the Intergovernmental Agreement represented by the undersigned. PIMA COUNTY: PIMA COUNTY REGIONAL FLOOD CONTROL DISTRICT '6.'(/// (( 6,///14 /, De 9 re'unty Attorney Deputy Coun y Attorney TOWN OF ORO VALLEY Town Attorney 8 3 February 21 , 2007 Town Council Meeting: SUGGESTED MOTION FOR ITEMS 3A - 3J: I MOVE TO ADOPT ORDINANCES (0)07-03 THROUGH (0)07-12 AS DESCRIBED IN THE SUGGESTED MOTIONS FOR ITEMS 3A THROUGH 3J. 1 4 3a TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: FEBRUARY 21, 2007 SUBJECT: ORDINANCE NO. (0) 07 - 03, ADOPTION OF 2006 INTERNATIONAL BUILDING CODE AND AMENDMENTS THERETO. SUGGESTED MOTION (REVISED): move to approve Ordinance No. (0) 07- 03 , the adoption of the International Building Code, 2006 edition I pp and amendments thereto, attached in Exhibit A, except strike amendment to Section 108.3. 3b TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: FEBRUARY 21, 2007 SUBJECT: ORDINANCE NO. O 07 - 04 ADOPTION OF 2006 INTERNATIONAL RESIDENTIAL CODE AND AMENDMENTS THERETO. SUGGESTED MOTION (REVISED): I move to approve Ordinance No. (0) adoption 04 the ado tion of the International Residential Code, 2006 edition and amendments thereto, attachedexcept in Exhibit A, substitute section R108.3 with the International Building Code, 2006 Section 108.3. 2 TOWN OF ORO VALLEY titiow.COUNCIL COMMUNICATION MEETING DATE: February 21, 2007 TO: HONORABLE MAYOR& COUNCIL FROM: David Ronquillo, Senior Planner SUBJECT: Public Hearing: Ordinance No. (0) 07 -02 , OV9-04-02, Planning Resources, representing the property owners, requests approval of a rezoning from R1-144 to T-P, p g Technological Park and C-1, Commercial District, located on the northwest corner of La Canada Drive and Tangerine Road. EXECUTIVE SUMMARY OF APPLICATION: Nature of Application: The rezoning stage involves analysis of the property to comprehensively evaluate the suitability and compatibility of a proposed zoning district and associated range of land uses. The "site analysis" is the key tool p used to evaluate the proposal. Once recommendations are made by staff, the rezoning application is reviewed by the Planning & Zoning Commission, which in turn forwards the application with its recommendation to Town Council. Rezoning approval constitutes authorization for the applicant to proceed with the development plan process and associated improvements. ite Conditions: • Gross area of the site is 19.3 acres. • A wash separates this property from the adjacent residential homes. Portions of the wash have been previously disturbed. The wash is not protected as a Town designated"riparian area". As part of this proposal, restoration of the wash has been proposed. • There are existing homes within portions of this site, which will be demolished. There are other areas of the site with previous disturbance. • The site is relatively flat. Proposed Improvements: • Two zoning districts are proposed for this site. The C-1, Commercial District, consists of 5 acres and the T-P, Technological Park District, consists of 14.7 acres. • The majority of the site will provide office/research and development uses with exception of low intensity retail and services uses within the commercial portion. • The height of each building varies (one and two story). The specific heights have not yet been determined. The maximum permitted in a Commercial District is 25' and the maximum permitted in a Technological Park District is 34'. • Access to the site will be off La Canada, Tangerine Road and an emergency gate off Sunkist. A future cross access to Limewood is also provided. A public access easement will be required as part of the ‘ittio development plan process. • The Tentative Development Plan (TDP) depicts the general design, parking, bufferyard and related improvements to the site. The specifics will be addressed as part of the development plan and landscape plan process. TOWN OF ORO VALLEY COUNCIL COMMUNICATION, OV9-04-02 Page 2 Planning & Zoning Commission Action: regularly scheduled meetingof December 5, 2006, the Planning & Zoning Commission voted (6 — 1) to At their regu y recommend approval of the proposed rezoning with the following conditions: plan development The must be in substantial conformance with the Tentative Development Plan. 2. Label the adjacent adacent to the roundabout along the west side of the property to specify that a future connection to Limewood Drive will be achieved. 3. The design and configuration the new deceleration/right turn lane on Tangerine Road for the south fguration of access drive shall meet the approval the Town Engineer prior to the issuance of any type 2 grading pp l of permits for this project. 4. Revise the Tentativep Development Plan (TDP) to include the existing property lines for all affected parcels as they exist today. new rezoningdoes not appear tofollow any known property boundaries, a recordable S. Because the pp exhibit which boundary delineates the re-zoningline in a surveyable metes & bounds must be provided prior to review by Mayor and Council. Exhibit I-C.2 -PreliminaryFloodplain Map. This exhibit has been removed from the 6. Replace Hydrology previous submittal of the Site Analysis document. Hydrology, Provide detailsfor eak discharges using approximate methods such as the 7. Part I C Hy gy, p regional g graphs.area versus discharge ra hs. Providing just a summary table is not adequate. Please provide reviewingstaffwith the supplemental back-up data and refer to said data in the text of the report. pP I Provide the correct scale on Exhibit I-C.3 (formerly Exhibit -C4). The scale is delineated is incorrec 8. p for the pagereport.within this is that re ort. The scale should be 1 " = 400'. This is typical for all plan exhibitsprinted rinted on 11 "x17"paper that incorporate a view of the entire development area. Traffic -Provide an estimatefor the new northern extension of La Canada Road Average Daily 9. Part I G Traff Traffic counts to the Capacity and ADT's table. 10. Revise the TDP to show all existingutilities. No utilities are represented on the TDP. From site visual inspection, pole there is an existing line traversing the site from north to south. There are existing Town y Water facilities of Oro Valle both on and off site in La Canada Drive. The water in the region is a mix of both "E"and "F"zones. going 11. to"Prior oin to Town Council receiving a draft of the CC&Rs. " Condition added by Commission. The aforementioned conditions are specified in the attached Exhibit A. items discussed byCommission was regarding the permitted uses that would be allowed within the One o f the g C-1 District. There were discussions about restricting the uses. In order to address the Commission's concerns, agreed provide verbiage in the CC&R's to limit the uses (see the attached Exhibit B of the the applicantgr to g . In sum the CC&R's prohibit the following uses: churches, gas station, drive through/drive CC&R document). s convenience store, auto repair, automobile parts store, grocery store, appliance repair store and in restaurants, p . use incompatible with the office park. Further details about these discussions are addressed in the any other p attached draft minutes. The Generaldesignationpermits Plan commercial uses. The intent of the commercial is to provide nearl people eo le and businesses in the commerce park area. The General Plan states, "Commerce parks often services p include a light of li ht industrial, professional office, office/showroom, office/warehouse, retail services and F:\OV\OV9\2004\9-04-02\Reports\TCreport2-21-07.doc TOWN OF ORO VALLEY COUNCIL COMMUNICATION, OV9-04-02 Page 3 related uses. The specific zoning district will be determined based upon site use, adjacent use impact and intensity of development." Therefore, both T-P and C-1 zoning are allowed in this General Plan designation. Furthermore, the applicant stated at the meeting that restoration of the wash on the west side of this property would be achieved (this is further stated in the site analysis). The wash is not part of this parcel but the applicant has agreed to restore it as part of the improvements to this property. BACKGROUND: Approvals to Date: On October 20, 2004, the Town Council approved a General P1 an Amendment for this property. The Amendment changed the land use designation from "Rural Low Density Residential" to "Commerce/Office Park". The amendment would only apply to the portion of property on the eastern side of the wash. No specific conditions were addressed as part of this approval. Surrounding Land Uses: Direction Zoning Land Use North SR, Suburban Ranch—Pima County Existing Single Family Homes. South R1-7 Verde Ranch Subdivision (across Tangerine Road). East R1-36 Vistoso Gateway Subdivision (across La Canada). West R1-144 Existing Single Family Homes. General Plan In general, this proposal complies with the General Plan land use designation and all the applicable policies. The land use designation is "Commerce/Office Park" and overlayed as a "Significant Resource Area". The "SRA" is an overlay that identifies environmentally sensitive areas that are to be preserved. Development along these areas must be minimal. The importance of the SRA designation is further detailed on page 5 of this report. In particular, the following policies are applicable, • Policy 1.2.1, "The Town shall maintain Oro Valley's predominantly low-density character while considering needs of financial stability and infrastructure efficiency. " The design of this development maintains the low density character of the area because office use tends to have limited impacts. Low intensity commercial uses ancillary to the office park will also be provided. • Policy 1.4.8, "The Town shall continue to require adequate buffering of commercial and employment uses from adjacent neighborhoods, with special consideration being given to placing office or other less intense uses adjacent to the residential area. " Adequate bufferyards will be established along the perimeter property lines, specifically to the west adjacent to the residential homes. The wash along the entire length of the west property line (not part of this parcel) F:\OV\OV9\2004\9-04-02\Reports\TCreport2-21-07.doc TOWN OF ORO VALLEY COUNCIL COMMUNICATION, OV9-04-02 Page 4 will be restored top rovide additional buffering. The homes range in distance between 200-300 feet from th . closest buildingof this development. Due to this distance, the height of the buildings will have minimal p impacts. • Policy 3.1.7, "The Town shall support the development of high quality employment-related uses that are compatible and consistent with the scale, character, and workforce of the community. Campus-type employment centers that emphasize a unified architectural theme,pedestrian orientation, and a natural landscaping theme are encouraged. " Asart of the development plan process, these elements will be evaluated for conformance. It is the p p applicant's intent for this development to meet the high quality standards and character of the Town. COMPLIANCE ANALYSIS SECTION: Tentative Development Plan: The Tentative (TDP)Plan Develo ment submitted for the site is in general conformance with the requirements p of t specifics Code. The s ecifics will be addressed as part of the development plan and landscape plan process. The following items are noteworthy: Tangerine Road Corridor Overlay District TheJ ro'ect lies within the Tangerine Road Corridor Overlay District and is subject to specific setback, height p g roadwayaccess and viewshed requirements. Specifically, structures within 100 feet of the Tangerine Roa q wa riht-of- are limited to 20 feet and adequate setback and bufferyards have been achieved. The TDP is in right-of-way general conformance. Commercial and Technological Park Districts The requirements of the applicable zoning districts have been achieved. Specifically land uses, density, setbacks, open space and courtyard/plaza areas are in general conformance. Site Design Due to the site constraintsparcel) of this site, the design options are limited. An acceptable design (long narrow has been achieved by clustering the buildings in core areas, minimizing impacts along the perimeter of the site and maintaining good traffic circulation. Parking and Circulation The siteprovides sufficient accesspoints on La Canada and Tangerine Road. An emergency access is providf connecting to Sunkist Road and a future cross access easement connecting to the existing residential homes wee of the wash (potential subdivision) will be achieved. F:\OV\OV9\2004\9-04-02\Reports\TCreport2-21-07.doc TOWN OF ORO VALLEY 'OUNCIL COMMUNICATION, OV9-04-02 Page 5 ' adequate parkingand circulation has been established. The development Based on the proposed uses of the site, provides a loop road along the west side of the property ert o to achieve sufficient circulation between buildings and y specific areas of the site with regards to traffic circulation and other areas of the site. Staff is concerned with s safety hazards. The following is a summary of the concerns: g • The internal parking areas throughout the site must be designed to have only one point of access off the west loop in order to minimize traffic movements and hazards. • The parking spaces as your enter off the southern most access drive on La Canada must be removed top revent traffic hazards as vehicles enter the site. in zones must be provided in appropriate areas throughout the site. • Passenger drop off and loading The current location of numerous drop off and loading zones are not acceptable. • The dumpster areas must be reconfigured and/or relocated in areas to minimize sight visibility concerns with vehicles. within the bank drive through area must be reconfigured. The current • The circulation configuration may create potential hazards with traffic from the rest of the site. The drive through area should be relocated to minimize visibility from the roadways. the rezoning is identifying these issues as part of because they may have significant impacts to the overall ite layout. The specifics of these issues will be addressed as part of the development plan process. Wash Restoration and Vegetation Impacts: A wash transects the site from north to south alongthe western portion of the property. This wash is not a however, it is designated as a Significant Resource Area (SRA) in the General designated Town riparian area; gn � Plan. Previous disturbance has occurredportions within of the wash and as part of this proposal, the applicant has agreed to restore the entire washriparian to its former ri arian status. The TDP depicts the wash location and 15' protective apron as required byCode. The wash is not located within the rezoning boundaries including a p q area but it is within the property itself. Restoration of the wash involves the following: 1. Mimic onsite prior riparianconditions existing to disturbance to create a natural riparian habitat. 2. Providequalities dense of desert natural vegetation, specifically from on site vegetation. 3. A restoration plan will be reviewed as part of the development plan process. A condition has been added to Exhibit A. Existing vegetation on the site includesMesquite,Mes uite, Sag uaros, Palo Verde and Barrel Cactus. The vegetation within the project area is representative of the Sonoran Desert. There are no areas of significant vegetation. 416., As previously mentioned, the applicant committed to restore the entire wash as part of the development plan proposal. F:\OV\OV9\2004\9-04-02\Reports\TCreport2-21-07.doc 1 TOWN OF ORO VALLEY COUNCIL COMMUNICATION, OV9-04-02 Page 6 Bufferyard and Viewshed Impacts: provided �been adjacent to the roadways and along the perimeter areas of the site. A Adequate bufferyards have viewshed analysisspecifies submitted, which s ecifies that there will be low to medium visibility of this site from the adjacent properties. No major viewsheds will be obstructed as a result of this development. p p Recreation and Trails Impacts: A recreation area is not required for this site; however, courtyard and plaza areas are required. A minimum of 2% of the net lot area must be dedicated for such facilities and amenities. The general areas are depicted on the plan and the specifics will be addressed as part of the development plan process. There are no current or planned Town trails that cross this site. US Fish and Wildlife: There were no areas that were identified as critical habitat on this site. The development of this property will not have any significant impacts to wildlife. Water Impacts: Water utilitywill serve the project and information on water impacts has been included in tl The Oro Valley P J Water Utilityhas recommended additional conditions that were not previously site analysis. The Town . aspart of the Planning & ZoningCommission recommendation because the conditions had not yet specified been received by planning staff. The conditions are specified in Exhibit A. PUBLIC WORKS COMMENTS: Traffic Impacts Increased traffic created proposed bythe commercial subdivision would be incorporated into the area highway minimal impact. Access to the proposed development area would be through the existing network with a p points access on La Canada Drive and a new southern right in/right out ingress/egress driveway on Tangerineextremity Road at the western of the subject parcel. The southern ingress/egress point will require the installation of a right turn deceleration lane to west bound Tangerine Road. a future southern driveway, which will provide all turning movement access 660 feet to The applicant proposes, the La Canada Drive intersection on Tangerine Road. This proposed access drive is off the subject the west of . and will be the responsibility of the developer to secure the appropriate permissions and easements property p y from the adjacent land owner(s). Drainage Impacts capture the runoff generated on-site and route the flows to detention basins aril The proposed development will p eventually dischargeexisting to the wash on the western edge of the re-zoning boundary. Post development F:\OV\OV9\2004\9-04-02\Reports\TCreport2-21-07.doc TOWN OF ORO VALLEY .OUNCIL COMMUNICATION, OV9 -04-02 Page 7 • than those that currentlyexist. The existing flows from the project will be discharged at a rate equal to or less p J wash will be restored to its former riparian status. Grading Impacts subdivision. A type project will be a mass graded commercial 2 grading permit is required to construct lot ' ' utilities, and necessaryto construct improvements. All grading shall adhere pads, drainage facilities, streetsany to chapter 27.9 of the Town of Oro Valley Zoning Code Revised. Sanitary Sewer Impacts Presently there are no existing sanitary sewer facilities which serve this subject parcel/development. There is a Pima County Wastewater public sanitarysewer trunk extended across Tangerine Road, past the northern feet west of the pavement edge, approximately 665 subjectproperty. The developer will be required to extend this sewer main east to the property alongthe northern side of Tangerine Road. The placement of this extension will be subject to the approval ofthe Town Engineer. The developer will also be subject to any line extension requirements as stipulated by Pima County Wastewater. PUBLIC INPUT: Amendment process (2004), the applicant held several neighborhood meetings to allow �unng the General Plan adjacent residents an opportunity ortunity to address any issues and comments. On October 25, 2006,the applicantneighborhood meeting to present the most updated version of the plan. held a gh At this meeting,the residents were primarily rimaril concerned about the heights of the buildings and obstruction of views. The applicant explained that the tallest buildingwould be two stories. Due to the 200' distance of the closest p home, future vegetation with restoration of the wash and perimeter bufferyards,the neighbor views would have minimal obstructions. No further comments have been received. SUMMARY OF FACTORS: Findings in Favor 1. The Planning&Zoning Commission recommended approval. 2. The proposal complies with the OVZCR requirements. 3. Thero osal complies with the applicable General Plan Policies. p p 4. There is no formal opposition from the neighbors. Findings Against 1. The Planning&Zoning Commission raised concerns about the range of uses within the commercial district that would not be related to the office park. RECOMMENDATION: F:\OV\OV9\2004\9-04-02\Reports\TCrePort2-21-07.doc la TOWN OF ORO VALLEY COUNCIL COMMUNICATION, OV9-04-02 Page 8 of the General Plan and the OVZCR. the standards and Staff has evaluated the proposal based onrequirements meets all Town policies, standards, and guidelines. Approval is Staff finds that the proposed rezoning recommended subject to the conditions listed in Exhibit A. SUGGESTED MOTIONS: The Town Council maywish to consider one of the following suggested motions: with conditions, OR deny] OV9-04-02, Planning Resources, representing the I move to [approve, approve property owners, requests approval of a rezoning from R1-144 to T-P, Technological Park and C-1, pp Commercial District, with the conditions in Exhibit A. Attachments: 1. Exhibit A, Planning&Zoning Commission Recommended Conditions 2. Exhibit B, Restricted uses as specified in the CC&R's. 3. Ordinance No. (0) 07 - 02 . 4. P&Z Commission Draft Minutes -Dated December 5, 2006 5. Site Analysis/Tentative Development Plan 6. Resolution No. 90-21, Standard Conditions for Non PAD Rezonings cc: Carl Winters, 622-1950 / 1 A i L f P ing and Zo •' g Direc or C ,/,„,/, ,A) Town Eno eer ks i ---ArGoi Assistant Town Manager n IL qYz -e-7-L,--,1-- jtsad-t), _ Town Manager . ,1-4-e-d ir-Aci,. , F:\OV\OV9\2004\9-04-02\Reports\TCrePort2-21-07.doc VaiffirT A OV9-04-02 PLANNING&ZONING COMMISSION Please note, the following legend applies: n • addressedapplicant in most recent submittal. 'kethrou h—PZ Commission items by Strikethrough • P lain text- condition approved by PZ Commission. • Bold—new staff conditions • I talics— staff explanation for modification q This is a code requirement so no condition is needed. the west side of the property to specify that a Label the area adjacent to the roundabout along 2. La • existing residential homes (west of the wash,Parcels future connection to Limewood Drive the t. 219-470-04B, 04C, 04A, 050 and 170A) will be achieved via a cross-access easemen After furtherJ'analysis, staff determined that a future connection to Limewood could only be require it; however, access must be achieved throughunnecessary to re q condemnation making it provided to the existing residential homes to the west. _ - •_ +•- _ - _- Completed. _ . affected parcels as they-exist today. Completed. property boundaries, a recordable new rezoningdoes not appear to follow any knownp p y 5. Because the exhibit surveyable metes &bounds must be which delineates the re-zoning boundary line in a providedprior rior to review by Mayor and Council. updated information in the site analysis. The applicant must still provide the , 4 _ .• _ . _ . .__• ___ : _ Complete. 7. Part I-C Hydrology, Provide details for peak discharges using n approximate methods such as the just a table is not adequate. Please ' nal area versus discharge graphs. Providing summary • regional back-updata and refer to said data in the text oft e reviewingstaff with the supplemental provide report. information needs to be provided to Public Works. _ . __ •__ __ This , • • • _.. r • -2 . . . • development area. Complete. _ • -- • - ..• r r- • • •. • -• - • Daily Traffic counts to the Capacity and ADT's table. Complete. - 9 • . t • - - • in the region is a mix of both"E" and"F" zones. Complete. • The applicant submitted this document and Exhibit B which addresses the Commission's concerns is attached. 12. Restoration of the entire wash abutting thelength hof the west side property line must achieve gt the following: conditions existingprior to disturbance to create a natural riparian • Mimic onsite riparian cond�t�ons habitat. • • ' natural vegetation, specifically from on site vegetation. • Provide dense qualities of desert g • A restoration plan will be reviewed as part of the development plan process. Oro ValleyWater Utility comments must be achieved: 13. The following standards. on the entire property will be abandoned per ADS • Any and all wells p p • Any groundwater rights associated with the property will be extinguished through ADWR and documentation of this to be supplied to OVWU. will be dedicated to OVWU for a pressure reducing valve station • A 20 foot by 20 foot site n the alignment of the westernportion of the commercial development, along g (PRVS) within � responsibility the internal water main. The PRVS shall be the applicant's to construct along with the onsite water main loop. installed from north to south along the western PAAL within • A 12 inch water main will b e the commercial development. This is in addition to the 8 inch loops which will surround the building groups and connect to the aforementioned 12 inch main. • the Tangerine Road right of way which this development • The existing 16 inch main in g to and extended on to this property and shall be connected to the western propertyfor this line. A 15 foot easement shall be provided to the OVWU line, 7.5 north of the RW and all mains. The previouslymentioned 12 inch main will connect to the 16 inch main. to the 12 inch main in Sunkist. If this main has not been • The 12 inch main shall connect from of construction of this development,a 12 inch main. in Sunkist constructed at the time ' La Canada west to the Town boundary will be the applicant's responsibility to build. 14. All applicable standard Non PAD rezoning ezonin conditions per Resolution (R) 90-21 must be addressed. EXHIBIT B Allowable Uses Commercial District: 11 permitted uses under the C-1 Zone All permitted, accessory and conditionallyof the Town of Oro Valley, except those use incompatible with the office part and which would p be incompatible with the surrounding neighborhoods. Prohibited Uses Churches Gas Station Drive-through/Drive-in restaurants Convenience store Auto repair Automobile Parts store Grocery store Appliance Repair store Permitted Uses - portion the C1 of the project are all compatible office park uses, which include but are not limited to the following list: Printing shop UPS store or similar Restaurants Bank with drive-through permitted all uses or conditionally permitted under Oro Valley C-1 classification shall be al exception allowed. The only on prohibited uses are those expressly prohibited per the above list. JAN2.00-i ORDINANCE NO. (0) 07-02 OF THE TOWN OF ORO VALLEY, ARIZONA, REQUEST FOR A AN ORDINANCE REZONING FROM , R1-144 SINGLE FAMILY RESIDENTIAL TO T-P, TECHNOLOGICAL PARK AND C-1 COMMERCIAL DISTRICT FOR THE MILLER BCH DEVELOPMENT, LOCATED ON THE NORTHWEST CORNER OF TANGERINE ROAD AND LA CANADA DRIVE, PARCELS 219-47-017A, 018A, 0050, 0060, 004A, 004B and 004C; 'n Center, representing owner and applicant, requests approval of a WHEREAS, The Planningp g rezoning from R1-144 to T-P and C-1 for the Miller Ranch Development, located on the northwest corner of Tangerine Road and La Canada Drive; and WHEREAS, the Planning and ZoningCommission reviewed said CUP request at a duly noticed Public Hearing on December 5, 2006 in accordance with State Statutes, and having made its unanimous recommendation of approval with conditions to the Town Council; and WHEREAS, the Oro ValleyTown Council has duly considered the rezoning request and the Planning and Zoning Commission's recommendation and conditions at a Public Hearing and finds that it is consistent with the Town's General Plan and other Town Ordinances; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF ORO VALLEY: SECTION 1. That the rezoningfor the Miller Ranch Development located on the northwest corner of Tangerine Road and La Canada Drive be granted per Section 22.3 of the Oro Valley Zoning and that all a licable development standards in the OVZCR and the Code Revised (OVZCR) pp conditions attached as Exhibit A shall apply thereto said property; SECTION 2. That this ordinance and the various parts thereof are hereby declared to be revocable. If any section, sub-section, sentence, clause,word or phrase of this ordinance is, for any reason,held g to be unconstitutional, such holdings shall not affect the validity of the remaining portion of this Ordinance. PASSED AND ADOPTED Mayor bythe Ma or and Council of the Town of Oro Valley, Arizona this 21st day of February, 2007. Paul H. Loomis,Mayor ATTEST: Kathryn Cuvelier,Town Clerk ‘411110, APPROVED AS TO FORM Melinda Garrahan,Town Attorney DRAFT MINUTES PLANNING COMMISSION REGULAR SESSION December 5, 2006 TOWN COUNCIL CHAMBERS 11000 NORTH LA CANADA DRIVE REGULAR SESSION AT 6:03 P.M. 1. Call to Order 2. Roll Call PRESENT: Chair Pete Bistany Vice Chair Doug McKee Commissioner Bill Adler Commissioner Ray Paolino Commissioner Clark Reddin Commissioner Teree Bergman Commissioner Honey Pivirotto Also Present: K.C. Carter, Council Member Al Kunisch, Council Member Barry Gillaspie, Council Member Joe Andrews, Town Civil Attorney Sarah More, FAICP, Planning and Zoning Administrator 3. Call to the Audience (Non Agenda Items Only) Opened and closed at 6:05 p.m. There were no speakers. 4. Minutes MOTION: Commissioner Adler MOVED to approve the November 9, 2006, Planning and Zoning Commission regular meeting minutes as amended. Commissioner Paolino seconded the motion. Motion carried 7 yes, 0 no. 5. Public Hearing: OV9-04-02, Planning Resources, representing the property owners, requests approval of a rezoning from R1-144 to T-P, Technological Park and C-1, Commercial District, located on the northwest corner of La Canada Drive and Tangerine Road. Carl Winters, Planning Resources, 270 N. Church, Tucson, gave a brief history of the property. During the first General Plan that was adopted but not ratified by the public, this property was discussed, and the prior Economic Development Director, Mr. Weir, recommended to the commission that this property would be good for a corporate office park. The Commission made that a part of their recommendation to the Town Council. December 5, 2006 Draft Minutes, PLANNING AND ZONING COMMISSION 2 When the original plan was approved, it was approved with the Technological Park category. When the subsequent plan lan came out, this category was never controversial. There various changes, a includingchange in ownership, we are here with a proposal and it is meant to be an office park. The development firm for this site, DESCO Southwest, does first class, excellent work. (Mr. Winters circulated a flyer showing their work at Skyline Esplanade.) portion of the property Technological Park zone allows certain On the frontage p p Y accessory commercial uses, but it didn't anticipate this kind of an office park. In proposing consultation with staff, we aresmall area of commercial in the front which limited basically to the same uses that would be otherwise allowed in the Tech Park businesses likeprint shops, UPS stores, and restaurants or bank zone. There would be p (not drive-through or fast food). Theses would be the type of businesses that make it a self-service type of office park. s with the neighbors. He felt it was safe had numerous meetings Over the years we have g to say that no one has had a big problem with the office park concept. The plan was approved as a plan usingthe wash boundary and a zoning boundary. It creates a physical separation. The wash over the years has been partly cleared by the former owners who raised horses. It is proposed as part of this application that some restoration of the wash be done. The applicant has no problems with staff's recommendations or conditions. Commissioner Adler asked if the commercial uses on that portion of the property for retail will be those uses allowed with TP zone. Is the C-1 designation being dropped? Mr. Winters respondedno. problem The with the way the code is written is that it implies that those uses have to be within a building that is part of the office park. In order to have them free-standing, we needed to ask for the C-1 , but we would agree to restrict them to those same uses. Commissioner Adler's understandingof the terminology is that the retail uses need to be ancillary; there needs to be a connection with the retail use and the office use. C-1 designationgoesbeyond well be and ancillary uses. Since C-1 isn't designated on the approved Land Us we are prohibited Map, from considering a rezoning to include C-1. Mr. Winters said itprecisely is recisel because the wording appears to prohibit ancillary if it is building.part of the bigbuildin . It is not the applicant's intent, and we are willing to restrict. He thinks it was ag n oversight that no one considered a well landscaped, with individual buildings part in this kind of park. Adler has a problem approving a designation not on the Land Use Map. Commissionerp Commissioner McKee asked if the applicant could be assured that under the TP code they could do the uses theywish to do, would they be willing to change that part of their request? December 5, 2006 Draft Minutes, PLANNING AND ZONING COMMISSION 3 Mr. Winters said yes. Commissioner McKee pointed out that section 23.8.e, paragraph 2b states: "the gross floor area of ancillary uses not contained within a primary use facility is limited to no more that 20% of the developed gross floor area." Applicant's retail plus bank is well within that 20%. This looks like the code does assume and provide for ancillary uses not within a primary building. Ms. More said paragraph 2b does not apply to retail uses, which are specifically addressed in paragraph e.1. Retail uses as opposed to a restaurant use, e.1 said it must be contained within the structure of the primary use. Therefore, retail uses are not allowed if not contained. The Zoning Administrator has determined that retail uses must be within the Tech Park structure. There are alternative development scenarios possible. Commissioner McKee asked who owns the wash. Mr. Winters said it is all the same ownership on both sides of the wash. There will be a community property agreement. Chair Bistany asked what the applicant was planning for the height of the office building. Mr. Winters said they weren't sure yet on the heights. They would like to have the ability to have a second story if it becomes a necessity. Typically one story is 22-24 feet. Commissioner Adler asked what measures does the applicant intend regarding the 15% slopes Mr. Winters said virtually none. The property has no 15% slope except along edge of the wash itself. Ms. More gave the staff report. She read from the General Plan regarding Commerce /Office Park uses. Tech Park includes such uses as communications, self-storage, blueprints, dry cleaners, technical services, day care, health spas, fitness centers, banks, offices, labs, manufacturing, restaurant, cafes, business, medical and professional offices and municipal services, etc. Chair Bistany asked if it was staff's opinion based on the analysis of the General Plan that the aspect of the commerce/office park designation is able to take retail. Ms. More said yes, that is her interpretation. Chair Bistany stated that he did not like the words "substantial" and "tentative" in Exhibit A. ler Ms. More said that staff and the DRB go through an extensive and rigorous development plan review process. At the rezoning staff, that has not occurred. She December 5, 2006 Draft Minutes, PLANNING AND ZONING COMMISSION 4 assured Chair Bistany that she will have the final word on whether the tentative plan will be substantially in compliance. would could assume from the building layout, Commissioner Bergman asked if one facility? That was a red flag in the list of uses preclude development of a self-storagey for problems with traffic patterns. Ms. More replied no, but as we usually seethem, yes. You would not see that type of use here. Vice Chair McKee returned to the substantial compliance topic with the development plan. There are a lot more uses in C-1 than TP. Would a church be in substantial compliance? Ms. More said yes. You do not rezone to C-1 minus. If you consider C-1 as an appropriate zone, you have to consider all those uses. The applicant can agree to file CC&Rs to preclude those other uses. She is not comfortable as the Town recommending that. Planning and Zoningand the neighbors would have to discuss this with the applicant. Ms. More told Chair Bistany that she did not know what retail was planned there at this point. Mr. Winters told Chair Bistany that the uses that are intended are related to Tech Park. that if he were goingto build a nice, high-quality, class A He assured Chair Bistany office complex, that he wanted to attract smaller corporate headquarters to, he would not spoil it byputtingasg complex self-storage in the middle. There is no intent on having g a church, no gas station, no drive-through restaurants, no fast foods, no Circle K, no auto repair, and the only drive through may be a bank. Commissioner Adler asked Ms. More what would be her feelings regarding adding conditions to Exhibit A that wouldfree-standing allow retail uses that are consistent with Commerce Park. replied she didn't think you could condition around the Code. Ms. More Commissioner Adler disagreed with the Planning Administrator's interpretation, so he He felt the rezoning trying to work around that. should be compliant with the Land Use Map, so how do you justifythe law that states that changes in land use must conform in all respects with the Town's General Plan Land Use Map? Ms. More said the designation in the General Plan is office as Commerce/Office Park. It is not Tech Park zoning. The General Plan designation includes the statement that the specific zoning district will be determined based on site use, etc. It is clear in the General Plan that there will be different zones allowed within this General Plan designation. December 5, 2006 Draft Minutes, PLANNING AND ZONING COMMISSION 5 Commissioner Adler understood, but said the Land Use Map did not make that distinction. We have a Land Use Map that shows this as Commerce Park. The law says that any changes in land use must conform to the Land Use Map. Ms. More said she agrees that the Code says zoning must be consistent with the General Plan. The General Plan Land Use Map and text, taken together, allows for different zoning designations on this property. The rezoning is consistent with that proposal. Commissioner Bergman asked if there was some other means by which those retail uses could be accomplished other than the rezoning to C-1. Ms. More said yes, staff went over that with the applicant and indicated how that could be done. There could be separate buildings for businesses like banks, but retail uses must be contained within. Commissioner Bergman asked if the entire property were zoned Tech Park, would there be any relief available through the zoning appeals that would allow those free-standing buildings? Ms. More did not know. Attorney Andrews said that when it comes to zoning, one of the things that is difficult to get is a use variance. Variances can be gotten based on the condition of the property. Commissioner Bergman felt this could be interpreted as a development standard rather than a use. The use is permitted; it is the kind of structure in which the use is placed that is at question. Is it acceptable to have a rezoning that is conditioned upon limiting the uses to certain ones? Attorney Andrews said there is a specific statute that deals with that and says you shouldn't. Commissioner Paolini asked that if we cannot make these conditions as part of the rezoning, would it be within the power of the DRB to set these limitations. Ms. More said no. Once again, the strategy is that in rezoning, neighbors often are concerned about the proposed uses and the developer may enter into private CC&R agreements with them related to uses. PUBLIC HEARING opened at 6:50 p.m. Hank Winter, 12300 N. Sunkist Springs, Tucson, said he lives across from the proposed property. Two years ago the entire property was being proposed as commercial. At that time Carl Winters was trying to rezone the 19 acres east of the riparian way. His biggest concern is that in Technological Park with a 34 foot (height) possibility is a huge obstruction of the view. He visited the website and is confused that TP it expressed 25 foot tall buildings. Is it 25 or 34? Also, he said in the General Plan under Neighborhood December 5, 2006 Draft Minutes, PLANNING AND ZONING COMMISSION 6 Commercial/Office NCO, in regards to the areas near North First Avenue, due to the view shed, that they are not allowing any building to be higher than 25 feet. It is his request that if this become some sort of commercial zoning, that you (the Commission) could honor a similar request to limit the heights to 25 feet. He is concerned with situations where developers say they probably won't, but the possibility is that they can. His opinion is that should this be adopted, limited it to a maximum of 25 feet and it would satisfy him. Mr. Winter told Commissioner Reddin that his lot was the second lot to the north. He said he did not know exactly with the distance was, but was probably about 800 feet. Commissioner Reddin was looking at the height limitations in regard to view angle. Chair Bistany asked staff if the issue was the commercial zone. Ms. More said the entire site is-subject to rezoning. Scott Christy, 12351 N. Sunkist Springs Place, Tucson, showed some pictures that showed the houses and current views. His biggest concern is the heights. There are varying degrees of fall in the area, but it is not great. We were fortunate that City Y g g Council made an area with a buffer zone in previous hearing. PUBLIC HEARING closed at 7:00 p.m. Commissioner Bergman said the language that has been read from the ordinance seems to be ambiguous. IN the request before us, because the Planning and Zoning Administrator has made an interpretation of the language, could the interpretation be appealed to the Zoning Board? Attorney Andrews said yes, it could be appealed to the Board of Adjustment. Ms. More said the process typically required to do so is to ask for an interpretation in writing. A written appeal needs to be filed to the Board of Adjustment within 30 days of g that written interpretation. She has not written an interpretation on this matter, because she does not do that unless asked specifically in writing. (Commissioner Adler felt the proposed rezoning as submitted does not comply with the Land Use Map. Vice Chair McKee thought the applicant has put together a good development plan and if it stayed as C-1 and TP, he would vote against it because it is the Commissioner job to enforce the rules of the Town. If we allowed a C-1 rezoning and General Plan calls for something else, we would not be doing that. The applicant may have to proceed through another route to get a new interpretation. The alternative might be to propose a revision to the Code to clarify so that self-standing buildings could be used for ancillary uses. • December 5, 2006 Draft Minutes, PLANNING AND ZONING COMMISSION 7 Commissioner Bergman asked if we can rezone property to some classification not requested by the petitioner. Attorney Andrews said the bigger problem is can we rezone it to something that was not advertised to the public. Chair Bistany said this is a matter of interpretation and that is an opinion. Commissioner Pivirotto assumed that staff's recommendation complies legally. Attorney Andrews said that is a correct assumption. Commissioner Paolino asked if the rezoning request was actually two rezoning requests, with one portion to Tech Park and another portion to commercial. Ms. More said yes. Commissioner Reddin said he did not know how we can tear apart a presentation by the applicant and consider each separately. This seems unfair to the applicant. This shouldn't be segmented. Commissioner Pivirotto wondered if the Commission was permitted to hear from the applicant at this time whether he is comfortable with the separation. Ms. More said there are two options: 1. You can discuss this and question the applicant. 2. You may also reopen the public hearing if you feel the public may want to comment. Commissioner Pivirotto requested that if we are going to proceed with the consideration of separate rezoning, the applicant be permitted to comment Mr. Winters said this client develops first class office and corporate parks, which is exactly what the Town has asked them to consider doing. He has a record of producing first class, small, quality office projects. If the staff or Commission wants CC&Rs that would bind the client to not having certain types of uses, he thinks the clients would be willing to do so. He thinks Ms. More, as the Zoning Administrator, is the only person who can interpret the Code without appeal to the Board of Adjustment. Graham Bryce, managing partner and owner, 8452 N. Knob Hill, Tucson, commented on his views on this project. What the commission sees is something in excess of $100,000 of planning. The request for C-1 zoning came from staff. We basically said in order to develop a first class, signature project, we have to have retail facilities for the employees. This is an expensive low density project with 19% site coverage. Concerns are that we will bring in retail services in that won't be comparable. The primary focus of this is jobs and bringing in businesses that will employee people in this area. This is a package. If you approve the Tech Park but don't give us the ability to work out the Nov retail, we have to start all over again. The project would be called the Miller Ranch and would be something to preserve the memory of Susie Montgomery and her family and December 5, 2006 Draft Minutes, PLANNING AND ZONING COMMISSION 8 see is what staff directed us to do. We are will their long legacy in this area. What you , to agree in conjunction with staff the limitations on the types of retail uses. Please dont ask us to go back and start over again. Commissioner Paolino asked what would we have to do and how long would it take to amend the Zoning Code so you couldgivean interpretation of free-standing, retail and p service buildings that could be housed in the Tech Park zoning code? Ms More said such a Code amendment is not on the Work Plan. She would say a minimum of six months, practically speaking racticall s eaking if we started today, three months. Chair Bistany said he was comfortable with the applicant's representation of what they would do. Attorney Andrews said that it has also been recorded that Mr. Winters did say that they would come forward with CC&Rs that would take care of some of the issues. MOTION: Commissioner Reddin MOVED to approve OV9-04-02, Planning representing the property owners, request for approval of a rezoning Resources, rep g g from R1-144 to TP, Technological Park and C-1, Commercial District including andprior to goingto Town Council receiving a draft of the items in Exhibit A, CC&Rs. Commissioner Pivirotto seconded the motion. Discussion: Commissioner Adler said the Town has no enforcement abilities over persuasive.and felt that was not He indicated that Mr. Rice would say exactly what retail uses he wants under Technological Park. Restaurants are an ancillary use whether it's for dinner or breakfast or for lunch. Other uses that have been specifically ' ' Mr. Rice are permitted as ancillary uses under TP. Since C-1 is identified by Carl and Map it is non-compliant, and he disagrees with the interpretation not on the Land Use M p p that free-standing uses are not permitted in TP use. Therefore he can't support the motion. Vice Chair McKee said this is a difficult decision because he agrees with Commissioner Adler that we should not be rezoningto C-1 in this area, but he also agrees that the applicant and owner that are theydoingalmost exactly what we are asking them to do. and ancillaries to go along with it. He will support this motion, but We need office space he also suggests that we initiate a zoningcode change right after this so we won't fall into this trap again. Motion carried 6 yes, 1 no, Commissioner Adler voting no. 1 6. Future Agenda Items • Legal and staffpresentJanuary to in or February a comprehensive presentation on open meetings. • Initiation of amendment to the Zoning Code to specifically in a TP zone ancillary retail uses in self-standing buildings. i • December 5, 2006 Draft Minutes, PLANNING AND ZONING COMMISSION 9 7. Planning Update • December 6, 2006, Town Council will be discussion a utility tax. • January 10, 2007, Town Council will hold a Study Session with the chairs of the Planning and Zoning Commission, Development Review Board, Historic Preservation Commission and the Board of Adjustment with regard to Proposition 207 and its implications for the Town. • The church Zoning Code amendment is on schedule and should be back to the Commission in January or February. • Brent Sinclair, Community Development Director, has resigned and is moving to Modesto, CA. Adjourn Regular Session Meeting adjourned at 8:45 p.m. Prepared by: ill Diane Chapman, Office Specialist RESOLUTION NO. 9 0-21 A RESOLUTION OF THE TOWN OF ORO VALLEY, ARIZONA, ADOPTING THAT DOCUMENT KNOWN AS THE "ORO VALLEY PLANNING AND DEVELOPMENT SERVICES STANDARD CONDITIONS FOR NON-P.A.D. REZONINGS" AND MAKING SAID DOCUMENT A PUBLIC RECORD WHEREAS, the Town of Oro Valley has, in the past, imposed conditions upon the approval of rezonings within the Town Limits, and WHEREAS, the Mayor and Council desire to adopt a set of standard conditions which shall be applicable to all future rezonings within the Town, NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF ORO VALLEY: That certain document known as "Oro Valley Planning and Development Services Standard Conditions for Non-PAD Rezonings" , to be utilized in all future rezoning approvals, is hereby adopted and three copies of same are to remain on file in the office of the Town Clerk, and, further, said document is hereby declared to be a public record. PASSED AND ADOPTED by the Mayor and Council of the Town of Oro Valley this 2nd day of May , 1990. _ -() /. 4 J-6,, 7, E. S. "Steve" Engle, Mayor ATTEST: X/L_ // Kathryn C(ivelier, Town Clerk APPROVED AS TO FORM: Gary D. idd, T -Attorney ORO VALLEY PLANNING AND DEVELOPMENT SERVICES .A.D. REZONINGS S CONDITIONS FOR -P • ordinance within ollow requirements for a rezoning Town Completion of the f � the date of approval by the the time frame specified herein from Council: and hydrologic drainage report. Submittal of a complete hydraulicY 1. or recordation of a final plat of a development plan ani/ Departments. Approvalthea appropriate Town De as determined necessary by PP 3. A suitable arrangement with Pima C o n tY Health Department or Pima CountyWastewater Management for sewage disposal. the Town of Oro Valley harmless in 4. Recd • a covenant holding the event of flooding. ovision of development-related assurances as required� by the 5. � appropriate Town de ents- a covenant to remove only that Vegetation that is 6, Recording � and accessory uses and the necessary necessary for .building pa all healthy Palo Verde, and driveways and to salvagefor on-site roadsand Barrel Cacti Mesquite, Ironwood, Saguaros landscaping purposes. covenants as determined �. Recordingany other development-related the a ropriate Town departments. necessary by appropriate 8. in conformance with the Town of Oro Roads shall be constructed Valley standards. use and low pollen-producing 9. Landscaping to consist of low water Vegetation. Plan approved by the Oro Adherence to the Tentative Development 10. Valley TOwn Council. ' e development plan or condi-tions ' 'ficant change to the tentativ p 11. SignaSec. 3-104B, shall require re-reviewby of rezoning, as defined by with Chapter Commission and 'Town Council in accordance the Planning 3 of the Oro Valley Zoning Code Revised. of utilities pursuant to the 12, The relocation and/or extension •e� will be at no t or redevelopment of the sub? parcel development cost to the 'Down of Oro Valley. Standard Conditions for Rezoning page 2 13. Dedication of public rights-of-way through plat recordation in accordance with current Town ordinances. 14. Posting Development Opportunity Assessments (DOA5) in an approved form as determined necessary by the appropriate Town departments. 15. Submittal of a traffic impact analysis in accordance with Sec. 9- 110N, unless modified by the Town Engineer and Zoning Administrator. 16. COmpletion of the requirements for a zoning ordinance within years from the date of approval by Town Council. If the specified time frame is not met and no extension is granted, this conditional approval shall lapse. Rural or Residential 1-80 acres 2 years over 80 acres 3 years Non-Residential 2 years 4111, Rev. 11-29-89 12-21-89 1-31-90 3-28-90 4-16-90 Adopted - Resolution No. (R)90-21 May 2, 1990 STANDARD CONDITIONS FOR REZONINGS 1. Submittal of a complete hydraulic lete h draulic and hydrologic drainage report final plat or approval of a 2 , Recording a the development plan prior to adoption of a rezoning ordinance 3 . A suitable arrangement with Pima County Health e artment or Pima County Wastewater Management ement D p for sewage disposal 4 . Recording a covenant holding the Town of Oro Valley harmless in the event of flooding 5. REcording a covenant to remove only that vegetation that is necessary for building pads and accessory uses and the necessary roads and driveways and to salvage all healthy Palo Verde, Mesquite, I , ronwood Saguaros and Barrel Cacti for on-site landscaping purposes 6. Recording a covenant to leave all drainageways in their natural state 7 . Roads shall be constructed in conformance with the Town of Oro Valley standards 8 . Completion of the requirements for a zoning ordinance within years from the date of approval by the Town Council Rural or Residential 1-80 acres 2 years over 80 acres 3 years Non-Residential 2 years • modified in a specific case by the These conditions may be circumstances Commission and/or Planning the Town Council wheresuggest a need for more flexibility. 1 9± acres at the northwest corner of Tangerine Road & La Canada Drive Site AnalysisVAti for The Town of Oro Valley Case Number 0V9-04-02 Prepared by planning resources January 31, 2006 Rev. August 22, 2006 Rev. November 16, 2006 Rev. December 29, 2006 ) PR 02020.03 110 • • • 410 • 410 4111. For questions or clarification regarding the site analysis submittal, contact: Carl Winters, Principal 1111., planning resources 270 North Church Tucson, AZ 85701 (520) 628-1118 - office (520) 628-7637 - fax cwinters@planningresources.net • fir TABLE OF CONTENTS go e' PART I - INVENTORY AND ANALYSIS � • I - A EXISTING LAND USES 1 4r I - B TOPOGRAPHY 10 - C HYDROLOGY 12 I - D VEGETATION 17 fri - E WILDLIFE 19 41. I - F VIEWSHEDS 23 - G TRAFFIC 27 I - H RECREATION AND TRAILS 30 ✓ - I CULTRAL, ARCHAEOLOGICAL, AND HISTORIC RESOURCES 30 I - J SCHOOLS 30 ,r► I - K WATER 30 I - L SEWERS 34 41, I - M McHaRG COMPOSITE MAP 34 EV PART II - LANDUSE PROPOSAL 37 EV II - A PROJECT OVERVIEW 37 II - B TENTATIVE DEVELOPMENT PLAN 37 '1. II - C EXISTING LAND USES 37 II - D TOPOGRAPHY 40 ErII - E HYDROLOGY 42 II - F VEGETATION 45 ''i' II - G WILDLIFE 45 II - H BUFFERYARDS 45 torII - I VIEWSHEDS 45 II - J TRAFFIC 45 "r' II - K SEWERS 51 • II - L RECREATION AND TRAILS 51 II - M CULTURAL, ARCHAEOLOGICAL, AND HISTORIC RESOURCES 51 II - N SCHOOLS 51 II - O WATER 51 BIBLIOGRAPHY 53 IP er► 41, er 411 i i 41110 • i fir LIST OF EXHIBITS Ity er I-A.1 SITE LOCATION 3 ,fir I-A.2 ADJACENT ZONING 4 er I-A.3 ADJACENT LANDUSE 5 4I11 I-A.4A WELLS 8 gr I-A.4B ARIZONA DEPARTMENT OF WATER RESOURCES WELLS REGISTRY 9 'r I-B.1 TOPOGRAPHY 11 e" I-C.1 WATERSHED BOUNDARIES 14 411, I-C.3 OFF SITE HYDROLOGY 15 I-C.4 FEMA MAP 16 4V I-D.1 VEGETATION 17 I-E.1 GAME AND FISH LETTER 20 tio I-F.1 VIEWS 24 -F.2 SITE VISIBILITY 26 41, I-G.1 TRAFFIC MAP 29 'r'` 31 I-HA RECREATION AND TRAILS or I-1.1 ARCHAEOLOGY LETTER 32 i I-J.1 SCHOOLS 33 i -K.1 PIMA COUNTY WASTEWATER 35 4111 I-M.1 MCHARG COMPOSITE MAP 36 r II-B.1 TENTATIVE DEVELOPMENT PLAN 38 410 II-C.1 PROPOSED ZONING BOUNDARIES 39 4Iv II-D.5 POST DEVELOPMENT TOPOGRAPHY- GRADING PLAN 41 • II-E.1 POST DEVELOPMENT HYDROLOGY MAP 44 II-H.1 BUFFER PLAN 47 411, II-H.2 BUFFERYARD SECTION 48 41110 II-I.A&B VIEWS &VISTAS (WITH SUPERIMPOSED BUILDINGS) 49 11-0.1 ORO VALLEY WATER UTILITY LETTER 52 1r 'i or i or 41r '� PART I - INVENTORY AND ANALYSIS ar I - A EXISTING LAND USES 1. Site Location The property that is the subject of this site analysis is approximately 19 acres. It contains portions of seven parcels: 219-47-0170, 0180, 0050, 0060, 004A, 004C and 004B. It is located at the northwest corner of Tangerine Road and La Canada Drive in the Town of Oro Valley. More specifically described as a part of Section 34 of Township 11 South, Range 13 East, Gila and Salt River Base and Meridian, Pima County, Arizona. The site location is mapped in a regional context on Exhibit I-A.1. This rezoning will only apply to that portion of the applicant's property east of a small wash, generally bisecting the property, as approved by the Town in a General Plan Amendment (see Part II Project Overview) 2. Existing Land Use - On Site The site currently occupied by four single-family residences with horse corrals and stables. The existing zoning is R1-144. 3. Existing Land Use - Off Site a. Existing zoning within 1/4 mile of the site (see Exhibit I-A.2): East - R1-36, R1-20 and R1-144 West - SR (Pima County) and R1-144 South - R1-10, R1-7, R-6, R-4 and C-1 North - SR (Pima County) b. Existing land use within 1/4 mile radius of the site (see Exhibit I-A.3) East - Medium and Low Density Residential (Single Family Dwellings), Open Space associated with the new alignment and wash West - Rural Low Density Residential (Single Family Dwellings) South - Medium Density Residential (Townhouses and Single Family Dwellings) and a Post Office North - Rural Low Density Residential 1 c. Buildings in the area are one and two story. d. There are no pending rezoning cases within 1/4 mile of the site. 1/4,.. e. On June 20, 2001, the Town Council approved the rezoning of the development of 53 loor single-family lots on approximately 53 acres located on the northeast corner of Tangerine Road and La Canada Drive. 410 On December 8, 2003, the Town Council approved the rezoning of a 35-acre parcel • on the west side of La Canada Drive south of Moore. It was rezoned from R1-144 to 410 R1-36 and R1-20 for the development of 33 single-family lots. f. Nearby development plans and subdivisions include Verde Ranch (0V12-03-01), Vistoso Gateway (OV12-02-01), Mira Vista (OVI2-99-19), Diamond Key (0V12-97- O 01) and Copper Creek (C092-86-78). g. 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( R1-72 R1-43 NOT TO SCALE I air R1-36 R1-20 R1-10 R1-7 R-4 i AK R ADJACENT ZONING p SDH-6 ii r R-4R PS&C EXHIBIT I-A.2 R-S lb° C-N • e ..., ., ,,,,„,I C-2 . resouices annin T-P lb, l PAD planning landscape architecture urban design development consultant's 270 North Church Avenue, Tucson Arizona 85701 • (520)628-1118 fax:628-7637 INF 4 • • J-- - • ± --ON-11M-=-MM--MIN-=--MM--IN-INI--= - 10 � SFR Vi __ IA 1 I. 0 SFR Iv O SFR , V �> V -1 ° SFR � � SFR SFR 10_1 0 i \/ • -- SUNKI57 ' FFjL 1 SFR 1.... —... `POP / A / 1• �� SERf, SFR� � V \Y'- 1 ei 0 � SFR e I*All t - ! V SFR SFR • ' V Orill ____ milmmi 1111111111W • SFRSFR i "roje. SFR4W • __...— SiteOW '� • Oro Valley SFR 141 omit • v v - vV la k r4a • • -r_yyyy V V SFR SFRAIIES IIV i i b • V • V SFRSFR 1• ilA .. TANGERINE • , „ 0 � ? A• -- SU - Post I `Y� • �b* * 111111Pb � ° Office J 1111 11) Pw m Iiimill a P1111111111/bVAVii - 111111111P' • •ftn ft A` • . ' oo - vliew a = imPAR 1 i .`<) IliiilikelL * 1 -I iteL-. ,._.._ 11 ah # tp_Allinillillitlft:" El*ink ,allini IV rei 1 1 I • WE MX MIOSell =MN Id 'Ws * • Ti SFR- Single Family Resi- Adjacent Land Use i I dentia) Exhibit I -A.3 - lip II f' s 1 : panning resources 5 `..ioem.nr consultants I ‘r NTS 270 North �,..>..�...Tucson Arizona 85701 • (520)628-1118 fax:628-7637 i • c. Buildings in the area are one and two story. d. There are no pending rezoning cases within 1/4 mile of the site. e. On June 20, 2001, the Town Council approved the rezoning of the development of 53 single-family lots on approximately 53 acres located on the northeast corner of Tangerine Road and La Canada Drive. On December 8, 2003, the Town Council approved the rezoning of a 35-acre parcel on the west side of La Canada Drive south of Moore. It was rezoned from R1-144 to R1-36 and R1-20 for the development of 33 single-family lots. f. Nearby development plans and subdivisions include Verde Ranch (0V12-03-0i), Vistoso Gateway (0V12-02-0i), Mira Vista (0V12-99-19), Diamond Key (0V12-97- • 01) and Copper Creek (C092-86-78). 110 g. The architectural styles of the adjacent properties are western ranch-style and two story Spanish Colonial homes. r r • • 4110 411/ • • i •t r • 111 r 6 0 0 0 0 0 4. Well Sites Arizona Department of Water Resource's (ADWR) records indicate there may be five wells Cot within 100 feet of the property boundaries. The sites are mapped on Ext-,:bit 1-AAA and the 410 well registry is included in Exhibit 1-A.4B. 0 • 0 II 0 IP • 111) 0 1111 • i •4110 • • 0 0 1110 0 9 0 0 0 lk 0 0 0 41110 0 • 7 I 't - f; a i 401 • 11/ . I`\ b � t -:-- * * I * :n Am, .) { 1 1 i :.: , k / ._ _,. 1 4,, ---- : * \ * I * ..:,,,..,.•, „ S U N KLIi _____ 1 * I ..,:"- r' ,, \i- __,L Iry lirli.ft . 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''''—'''”- rs -,,,,..,A „_,•....,,..„•. :,.,,..,,,,...,....••.•,,:.„.:.,:.„ .if_::„ Ntn>x•\. ?::`•' -�} :{: r r...71 �:�.••; ," , � :{t,.Iii.4 ::�:�Hx:a..Y.M.tr. :i... w \ I //\ it ),!: 4.:01-1, 1---'---.4 'i,: -611 airmail,. 4/11 ,An Mho Iv., i,it :''''.* it fir•fti i tik'll ....di ,,,J Ato:*. t LEGEND , * Existing Wells % Project Site 0 WELLS S -A.4 EXHIBIT I Cr ,N : planning iesources 5 planning landscape architecture urban design development consultants IMF 270 North Church Avenue,Tucson Arizona 85701 ■ (520)628-1118 fax 628-7637 flb NTS 8 111 MP I I 0 1110 ci. §c: N IlilIlilIll' ..y9. vole e �,, ; ; el NI Q t C # 1*3 a a 0 -1 0 0 �► 0 0 0 0 d W II;Ill C's1 0) 1- 1 art ttl la 3 3 0 . • re )5.>. IS ta : 6 • i , ti) 16 0) Cr) • ' Q21 % e e I i g g F, It 5 1 e if:. cet z! 9"10 Z 5 g , -a 1 Q - 41 0 0 3 0 t 0 w 8 8 a 0 2 ,k ,,, 0 E111111111111111111 1111111111111111111 NMI 111111 • • - 2 r; 4 . . ...I Za 4:1; zalg . dg z ,cf 03 1- z 0 2 Z D i X LI tUIL 1110 Cl 7 e0 5 .is 5 0 < — 4 so le. 't 14 5) to o to to 0 at si..). 0 a) to to to Ot f,* to 0 1 di / q s w 4. i (02: c, 0 8 9 ,,,,., C3RI Oa § ii O c D ZS f, t. t`. t- u› ?+•► - 0 I 0 14' 10 0 I 11*F2 ';.' . ' 0 III Y2 Ilk o alai 0 0 1111110 I 0 ai • tri ag se a W 2 Lu li a I 0 * rii '4 tu 0 -,,p• 0 a_ 2 z a ).: tf. t„.1.) 0„ —;x: 3 ..1 til til 3 - Fc 6 x: tla .4 ix w ct :) 1,› 5 _ cc6 yam,. 5 5 la - I • r.t L,2 PI Z 0,. g ols ou) 9 xo ott i 4 to x ,.: x <6 be. 0 tu < g ...4 x 5 g o a ii..) 2c- III AX Awl' � Mlip 0 I mow. iN'R ,,q. 6! 7,,4 °' P. g m f II :ft '4 g a * ,... , In I i 0 ; a R I Aii r) 2 0I II 0 < cc co .9 .�r�ww�wwi�ni+.+r.wM co co CD ir aer wyw� wwF y ` ! _ ;Ea 6 6 6 6 . 0 4,.. a . a 6 (5 • ,, Ex hibit I-A.4B • • I - B TOPOGRAPHY 411 1. Topographic Characteristics • a. There are no Hillside Conservation areas on the site as shown on Exhibit I-BA in the • pocket. There are no slopes greater than 25%. There are no restricted peaks or ridges exist on the site. b. No rock outcrops exist on the site. c. As indicated on Map I-B.1, there are slopes of 15% at various locations on the site. They are associated with the existing development. d. The site slopes to the south. The elevations on site are between 2838' and 2791'. r 2. Pre-Development Average Cross Slope The pre-development average cross slope (ACS) of the total site is determined by the formula • used in the Hillside District, Section 10-1 in the Town of Oro Valley Zoning Code Revised and is stated below: 10 • ACS = I x L x .0023 A Where: I = 1 foot contour intervals • L = contour length A = 19.3 acres i 1 x 44,900 x .0023 = 5.35% 19.3 ac 11110 The Pre-Development Average Cross Slope of the site = 5.35% IL 4110 sik thy I • 10 r 11111 7 Ali ,•' ' IV:. c, 'liplik,,.._ '''''--Th --- ----- ---------.411,,..:..1 i' ILAN Mar OVON iN,183DNV.1. — r Lii 11 , - i"----- Aio, ci i •• % t" . „.„ • 1 u zirci 1 . 1... I f Ale\ = tr elk i = .g i U:12 I iiii. 44•44,4,--(0 '-'—` ci„ roli:JI 1116/!N, ) i 1 ci) ii. = re r r•-• ii: Le) I b.9 a... t 1 ir 7 ii ,• r2-', -,,'"?-1'"7-4$ ,plinallil 1 A -,Srirl I 0 A #0111111t Ili -1---\c 1 ' 4 Ail .. ." •1----, ‘-',,i, . .; f elo:i 0 , y , , i ,..i .,, / , I, \\ .-., i i / k • 7 - - - \ „_/,... , 1,4,-, - is ; -,_. ------\-\---- ---- 1111 -,........„4,1{it - • - 1,17) - --\,,,,-- 11_ • ,,,,,, ---xtv, Lb -x-,..„.„ , ( ri, •,IT-,_21:____ s. , ,‘QC\1_./1 .x CI4 11111111111N : NtiVil **\)1fiiii --0---. Nr-. %a ivo8 siiNiii§' 1 ° •A'r,ftr\i-;---- . -:';')‘\\\Sz. "'\\* , (F I,1- t _ :4,, i I - C HYDROLOGY 1. Two offsite drainage basin influences the project area, one at the northern property line and one approximately 350 feet north of the southwest corner of the project where the stormwater runoff leaves the site. The pre- and post-developed 100-year discharges at the northern and southwestern property lines are anticipated to be approximately 135 cfs and 152 cfs respectively. The post-developed discharge is predicated upon the development design of the adjacent parcel are developed to the maximum density • allowed by the current zoning. There will not be a significant influence of offsite 411/ stormwater runoff from the east or the south. An off-site aerial watershed map has been prepared, based on the underlying two (2) foot topographic contour map. • 2. The stormwater runoff from this property will cross Tangerine Road. Tangerine Road has been redesigned. Culverts have been designed that will convey the stormwater runoff under the road. • 3. Two offsite drainage basin influences the project area, one at the northern property line 40and one approximately 350 feet north of the southwest corner of the project where the • stormwater runoff leaves the site. The contributing area of the watersheds is 22.4 and • 27.9 acres respectively. The pre- and post-developed 100-year discharges at the northern and southwestern property lines are anticipated to be approximately 135 cfs and 152 cfs respectively. 40 4. Describe and map the characteristics of the on-site hydrology. Include all: • a. The floodplain limits have been mapped through the site for all 100-year discharges greater than 50 cfs. • ` b. The onsite runoff is characterized by high ridges that drain inward to a well i defined channel. The channel has been maintained, cleared by the previous land owners and consists of grasses, and minor obstructions. The flow is not 1111 considered sheet flooding. c. The site has been designated as being located within a FEMA un-shaded fb Zone X, pursuant to the Federal Emergency Management Agency (FEMA) on the Flood Insurance Rate Map (FIRM) Community Panel Nos. 04019C 1040 K; Effective dates February 8, 1999. This indicates that the site is located outside 4110 the FEMA 100- and 500-year floodplain and will not require a detailed analysis for FEMA. • d. The preliminary peak discharges were estimate using methods acceptable to • both Oro Valley and Pima County. A detailed analysis will be prepared with the • Development Plan or Tentative plan using a HEC-1 model, as required by the Oro Valley floodplain standards. The proposed conditions assumed that the 410 watershed would have a developed density of less than one house per acre. The post developed peak discharge is dependant on the type of development, and ID the proposed density of the project. The post-developed offsite watersheds will remain the same as the pre-developed conditions. The watershed impacting the site are located within a critical basin therefore it will be assumed that the future • 12 • development of the watershed will detain the 100-year peak discharge to be below the existing levels. The development of this project will assume the • existing zoning density, thereby, assuming that the individual landowners may develop or construct a single family residence on the property. � Two offsite drainage basin influences the project area, one at the northern property line and one approximately 350 feet north of the southwest corner of the project where the stormwater runoff leaves the site. The pre- and post-developed 100-year discharges at the northern and southwestern property lines are �► anticipated to be approximately 135 cfs and 152 cfs respectively. The combined discharge leaving the site at the southwest corner for the 100-year pre-developed event is approximately 400 cfs. 5. The regional stormwater runoff from the watersheds impacting this project has in the past, been conveyed over Tangerine Road as an at-grade crossing. Revisions, to Tangerine Road include the conveyance of the runoff from this watershed under the r, road. In either case, the magnitude of the 100-year discharge will remain the same in the post developed conditions with detention requirements; therefore, there will not be any adverse impacts to the adjacent property or structures downstream. iik 41. CONCENTRATION POINT DRAINAGE AREA(AC) 100-YEAR DISCHARGE(cfs) � 1.0E 83.66 400 1.1E 27.89 152 • 1.2E 37.97 200 1.3E 22.44 135 • • ip, • i • rr 13 . r ..,_ ` � s ,, A PRE-DEVELOPED 100-YEAR PEAK....,. ,,, 1,,,i ill:P*4 . ' f • � to -k m DISCHARGES , 4 ,� ;: `• Concentration Drainage Q,Oo Point (cfs) .k� b4 "r Area(ac) P 1.0E e , � �;� � �k ,� e��*,� � ... 83.66 400 'Z' ,,,• 152 � ' a "�.. �", Y ,• '�� 1.1E 27.89 � ,., �C r,°1. .'�, , 1.2E 37.97 200 ' ►. . # 1.3E 22.44 135 , . '' ''..*44. . ' ' - ' . X . a "" , i°` a * * ig *A141# ''''',,,,4,:: w ,'-' ' : . ,r, i ** " (,gg .<aw�., - � fig. "s.„,.� a.yy�� d4 d I., j '�" . ° - t / t o A.lK w gj °k ys. ,,,,,, ..,„„,„at 4,,..1. . # _, 1„t) '`" ,. -.4°.',,,,'..4,1 ',- 4* ' .,. ' I 1), , l'-- . 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T (i h' • - t€ "4 `e r fit" ise , ,,i. .4.., ,am I,;;:- ;- , I ., - - . '' - ,, -4 ''''. "'.4)." - ,- iiit i...„..., A 3 ,..,'* '..","itt‘i: ' '' 1 '' , , ' R y ice , § � ' ',' it, ,3,1r,, , ,i, , .-„„,7, It 'r A*,, c ,,...,....e,w,n•..,..•:rv..ra.ra«,.•w..«�-wwaw,. '' \ : ,: / *• , 'fir ,, , pa^ a '�" ''° , { 4 Y s , /4,,,,,," ' A a +yg .4E-,„ „, i ,,, 5 s F ns .„.. ,, '-.'" .* ,466, J x , f (1? '-' �l i -a - fid} LEGEND �•� Concentration Point �—� Flow Direction ......' Watershed Boundary m X s /�Fk BOGARDUS OFFSITE WATERSHED MAP ENGINEERING,LLC Cr 1 (/40, „), 3636 W.Sundial Place n 4 c�1 T„�o�,,,�as„2 TANGERNE RD AND LA CANADA Phone(520)572-6530 Fax(520)844,044 F,......,FfyMWk...—Yy SCALE: 1"=400' BEING A PORTION OF SECTION 14, T-15-S,R-14-E,G.&S.R.M.,PIAN COUNTY,APoZONA N0 REVISION oAlE DA BOGMmUS PROJEt•T N0 SIf�T 06/01/2004 02-012-A--0020 '1 seka: of 1”=400' ' . ....., ' -..., ....., ...., -....., — -.I ,.• ..-• •- — ,..., _ t;. ... , — -t g -. "'-' --',- . 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Az} \, --. 1: -ii. --• lila LA \ j \ tf/ia j ' -- - I il'---.L / ., fi_l. ..____—i --.—...-----11 Ii (i) . v 1—' I '± --- I /I it... \ ("",.._ •-, . .4.)-,/'‘''' ,ji _4.1 ' ' ' • '-' 1 r \ , ---, -. (..- ,--' / , • (I / ' 1 ,..,, 2.1 71 - , ,--;(;• ' --)1 ,,„:::.:, .... I-- T , k‘,„ Ir —1 \ * 1 ..... =,- = 71 ET + '0 0 M + (7 — •• 7 _• I : CD- = . ,_ () .....„...---%_ ET a \> ......_ --- _..... -----;....----7/ //).-4 LA- 5* .= , r ____ __ r_ __ .—_ W, 7 — . • ii.1 si) , \ ,, --b------Z) 0. ..._,,,.. ._._.....____ p k) 4;y/-21 , 1 \ —r---.0------ —F—drrn -\tt \ --m\- - - ."-- y,), —_____—___ , ...yovitz., r(idi. f, , r ) --Ed 4._ ( I • -- ----- ...... 7 ,,,,,_---------- 4\ K ) tr.N. 1 Hy'drolugle/HydraulIO EIVIMOdtino II ._ ,..--,,., -."-•`,___....,..... •------....-- . ) (,.( A a'"±T l''( \ , ' (-'''l PRE-DEVELOPED 100-YEAR PEAK DISCHARGES 1 Concentration Drainage Q.9 tea_ �. Point Area(ac) (cfs) 1 / 1 1.0E 83.66 400 I ` 1.1E 27.89 152 / 1.2E 37.97 200 ` " ---- , 1.3E 22.44 135 y� I 1 I I 'lbw' i I / I 1 _ ( , • / 1 ,v, I ... . , i_ ; ._ e___J„_,. _______ _ ...___., __ . ___ ._,.._ 1 ,r , _ __. , 1 1 1I 6 I 8 / / / / A / 1 ‘I I • •iii . \ I t \ I / .., 1 I i - ,„, ....,,, .' -,./ , ,, ,//I 1 , „,,,,, , .,z,_, ^4, -.+... Pte...., j ),„. ' --'*/ .)----, ''''T- ( ' :',... 'e°- -""---,-. , '' / , , --,47_,,,,,,,, , ,. /7-7.,,,07.____./I . ;Tr--ri.i. \ I 1 , ,..--' ----7/I ,,..4' -- i , 4 , ii, , , _,..„--------'-r----:\), 4 / ‘(4 / /-''/ 1.0 i/e/. (7I LEGEND 0 Concentration Point -.----_, Flow Direction .00' Watershed Boundary rn x m- a F-, BOGARDUS OFFSITE WATERSHED MAP -3 -7- ENGINEERING,LLC n 4 f`.'* , 3636 W.Sundial Placa y�� TANGERNE RD AND LA CANADA Co.) J�� • /� Phone(520)572-6530 Fax(520)8448044 Mdrdodc/Mydnu is Engin..p 1 BEING A PORTION OF SECTION 14, T-15—S,R-14—E,G.&S.R.M.,PIMA COUNTY.ARIZONA Scale: 1"=400' ►O. R DATE 000ARD S PROJECT N. sir 01/30/2004 02-012—A-0020 1 SG. OF 1'=400' 1 • i S • i s • tig t w.................................vn...................n.,�.....n...._....... ,..r,..,�_.,.r._.n n....nv�..n,.�...M..v.M.�..n..........�....................................................:......�.�rr�.wH.r�r,...r„�.,..r�r..�,..�....rr.,w....n..��,,.., • ,....., kJ, ,..,,01 ..4).,.. •, ....,t,....t§it: : ggl* i .c�. ,y: .�.,� �eR"; `{'k� �' tea. • RaiMe �6.11.k 't: j. i - c92..4Y�'tCb IA"'' 4, ar:t' c, C.. cu rzt' "`x ., 4 �< Ja . �! Roti... &. ,,tc S E LU 1.+�� '�{�'C�CI.t,..91.....,a,„ $� Aga"2r ? • V.1.1R' a Is+y- .i �^ 4. tui.Q . Mf•C. • . UMIAII� � 1 t. H•? ' "t ti. „ a I '..1 c ZS a: .. • ..‹ . �: ,....:,.. ,.. ..* ...... ce M1or a d„, till o � , � ..a. .... M ' . '. 41) cC: • Tt W� f� yS11 ',^^4y ^O. „1C., .:: n .4,1L: Z.0,a:vry.. ..xBIW {nLrri;i wArir vnwNvfw�mMwnia'�y •� M^ • E. .'�'d7k:xtarf:"�'Y^Y.:'r:Y:M,'.C....5.,�:'"'SM„'C Rt,. W""^.'!�. ;• _ .� ^� ........... .n,s�:................ ...,:...,!,......:.s.. ......>.nxss s2..>......s.....se...a...,n.nn.. ......... ............... ..: . .,.,...e...�;Y::., .... ,.,.,,..: Q. . • t....E.2 e ....... • i I',,,..-1>n+w F;A,st 0 16 III v, „...., ,,,......„ ,,,,, x ,_,...., , , ii, , ,,.,„, ,,u ,..” 0 ii— i. N I . . 1 I air It ii 40 I ?:,,,,z, i .., ei s. cs4 . 0 Li, 4,,, -,,,,,... -t-, ,,,, I co . : , , „. •,,,.. . frig f. ...,t, cc .. v ... ',vv., dOQl£UDN . „r.,,, ............... . ir ... p L> 47 1 4111 : \ Z t. Nowdo _ t,t,.3 6;,...,' `,..,_'_ ��.�^ '�. Z.,, its 1 6. \ If' ....---,"---N,,,,____\, i- rI 1 + • 1114: [-----------11 0 . i 0:, a R • t7'3 0Th1"--' >01t13 0 : = M�',:-.° .”I Li/ . ,..„te.....................s............pppps....0 W/II.F.f......... : ...\.....,..1 3AILICI VI. r -,--,/:-/-\--- ':I/ ...,_. I I X : SU (Y) • 0 itt- .. , 1.`•'i .`•' 1 N N • . _ .. ... . co P ,P 1 4111 41 Exhibit I-C.4 • _ •0 • 17 11110 0 0 • 0 • • I - D VEGETATION • 1. Vegetative Inventory The site is located within the Ambrosia deltoidea - Cercidium microphyllum community of the Southwestern Desertscrub Biotic Community, Arizona Upland Subdivision of the Sonoran • Desert. 1110 Within the site boundary there are no Saguaros (Carnegiea gigantea), or other protected 40 species. The significant vegetation includes Mesquite (Prosopis velutina) and Palo Verde (Cercidium microphyllum). Exhibit I-D.1 shows the location of different vegetation densities �► on the site. � 2. Vegetative Densities The vegetative density was determined through aerial photographs and field verification. • The results of the site survey indicate that there is approximately 10% vegetative cover on the site. Exhibit I-D.1 shows the approximate plant densities on an aerial photograph. • • • 18 ,. ''.444,-'"*„..:; „...,44,,,.".7*--"*"'- ,.. '' 1 ,'.-IIP ,,,,-,,,,,:,'•.14-,'..114,.,f*47F,,_fir',:::-..:,,i,-...,:ri.,;74:!,:it-:-..-7;:". glik , '..7....,„:4,-,::: ,-?, ,-,-.....-„,..,;:..-•-.,-..,,-20 1, 2, -!,;--,..i.',0',.• •zr,1,:.‘i:-.-,.. , J.,'''-•"•-•,.' :,..''-',"-- -..' .- v-•-visl.,,i„,.., , , 1 -..,.,,,,,.,,. ',...-, „,.. , ' "!.,,,,..•.;:-„;',.,.,-..„-'.:,_. '.,- - .•- • ... „. .1,„. • I , 1 !'"h,"-i: - „....-..'-'. zr-......-..-.‘,....:41P- . I p, i _,....4..•. . ...,_ ......„...._ ... . ., ., . -- .40.... i , ,_ . ' r— I ..4 *,..“,ilik, ,40 . .....,... —. .',. ' ' -• ..6. 0 I ,,, - -- . -.. .. . •„.....„. .„ , . , r ,, ,-,' C, p — *. '.f.4, ,-fit / . ,,',. ,'''4,::: '.•::,-,••,,,,,,,;.,,,,,,,_„.,_,,.,..„4„,--. - --- -__ -10 -., rri --* '-'', ', 'Th •a. ri, DO Ii 0 0 Ny'it..'.. , 1 ,/ . ...4,,,,i,:',,,',, .,:::•:;','",,,:::;';,.,,ily'r7 k:ri.:_,:i:1!,,,".. ' .,,,; P N 40, 4 1:-R7 1::) ,-1 z 3 ,--- ----- c) i , 11'3 CL ,,. a,. rt--, ?Ci E , , , ., ,. / - .•,• ----„,-...„4,. - •-.- • - , . . ...,. 4 ri—i ------, ' • ,.,.Y '''• -. - k' 'I 1—0- . ')1111K: ' '*"-- . ,t-f,,,;''' ft, '.'-, ,..—',.:,:z: -4*,,''''' ..,•414N. ,i ,.,., ,...!,-.---•:4--,..„.t. ' ,, .... .,,,. - 41,1)., , 'it, . .1 ,,, ' ; -,,,g.,..-..,,,,.„,,;:..::..,..:.4.,,,...-,4,...,...H.„2,>,.-If".t.7.--..,,-• e- 3., ' , . .4 4 4 . '4 .. -i, '":'' ', / ,. ‘ 7,:i„ ; , ,..„..;:.,-,/,':'-.. ,....,.... , . . ---, ...(,- 4 4 - - . 4-- • *. - It.. 001, -.- 4, —--, * • ,r' . ...:,A. ,1 _ C10 '„.44,,w,' ,1—• ------—_-- 7'§ 2Li r., ,,,... , , ,-, • .,LL, .-2::,-..- .,.....„.,*,.. ,,,,,• . . ,,,•• . - 1r...•-0-,•••.,•''. . , -,14.so,‘,._,—.- .,. ..., ,,.. 4,,,,, ,. . _i•_-__._\— - ....': '.., '''''' ',.- *4441i 4 t....v ' . . -. . , ri -,,,,,.. .., , ' 4, ''' i *4 . ., - .‘.*:' '-- *•,.--..p.,:' .4 4I „,,,' . , ., _ —11,_ *. ----,7 ,.___i,,,,j,„ , __,2 ,_____.4_,.. • . , --. , r4 .1.!.".`,,, 4.4:;• .1 I . ,,.7---- .. - . -- .. : ., . 1 i 14. , ',4',.•';.;4',,,'.:',” . , a '44,.' . ''''.6'-- ,,,V0,„; jt,h4 ' „,,t',it „,,,:,-,,k is, I , . , o„, . eit- ,,,,,,,,, .3;,..,..,,,,„,„ f. '; &41.,..‘•';' I it :,- e4".,'”' ... ....„, . , ._, -•,,,r,-, . '!..,..'** ':: t l'..#41.11: :'.::::: II :l,*-4* ' ' '; ::::41's'''', 4sP'11161;f: ' j, -I .7'.:'..*::.:1,,,,7„;i: ,,:f? .‘, ,, i , ii , 1p ,44.kloti*?;'.-•-•.;'.. .'.; ': ,; ‘ .7 4 ._• . i. ) 4 ,, .,V r*. '1 J ' ,i // . 4° .:41,-: i ,.,.-1•11 4,4, 4„' .;•.•e•-.;: , ' ' i, k,-.',4:7* :.,110-'illir9004 '*' ' ')1 ' *::',*. ..:,..r.lir,..‘•• ''.':..- ile*.•' '1.11iii'' / . . _ . # • , ,4 tl..4 * • , , , ‘ _ /11 ..,,._ ., i 4/4 1 , , .'. / .9r) i I I r #nt,S, *". 'I'l''-' , , a li, 4.1)1.t.t. . ....- . .' .' '/ . . •1•'..''' ' ,. i i , „. „.. -‘ ;-'-' -.. -:. ."- • ';'..... ib. , ' • / 3N *1 r -'- -- I---,- 1—,: ,,'- 7,-- '/ '. I 4tA4': , , -i -, ',It'.:.--0 -'---,,,,,—;:,- . • ;•.„, ,,„. 4,•..--1( -. 4,:'.;'-•- „ / .4,i.4 41! .,) 4 • 4'4;1.. , .j,31 ...,:„..fj s..„.., z , ,„ ,,,,,,,,,, , N,•, * r S# . I ,' '1'''' . , $1;it, '' 'i!'*., ''''' :,k.,-,. 1 ,....r. ,\ ,,,,.: . /...4. , L, -,. - •.-- ...., ..-". 4.„ .4w. ' •:.-... .4:c . .,, ,. .. . ,,,,,, 1 tp„,,,, .,,, , ., ti, 0,. .,. _____ , ,,, , ':,'i 4, ,, • '":4 4 rti b- Al ' s.',,c‘. - r-..t. ..„ ....? ' 11. • __, '" \-1A-• ,, , .,.. A:Jo,.,_ , .,, ,:,„,,4 _i:, ,.', .1111tOrr."Pt.4.4:1...•.Ai it. .., -.- ------' al. ' ,', '':4 . ' . ' ',,:4, • 4.' , . ''*''.* r—-•.—2 di-.4• 4' ' . ' ' „ -• , ,', ,,,,,; 4'., -7,4i • v., ' * 1 •-t. .,, ,. ,--, ., , t: , ,., • . -, . ,r,,,,,..,„ ..,Ii - , ,'.. .., . 4.1.4„,:...A.,,,,..1,06,,,, .1., i . ,. iNs.1 " ' v" • 1 :•.trt.,*.1....,.4..) - E WILDLIFE 1. On the following page is a letter of confirmation from the Wildlife Habitat Specialist at the Arizona Game and Fish Department (see Exhibit I-E.1). Arizona Game and Fish has indicated the site falls within Zone 1 of the Cactus Ferruginous Pygmy Owl Survey Zone. 2. There are no areas that provide critical wildlife habitat, except as cover for local birds and small mammals. The following table identifies the special status species that may occur within three miles of the site, per documentation provided by Arizona Game and Fish. Common Name Scientific Name Status Cactus Ferruginous Glaucidium Brasilianum LE WSC Pygmy-Owl Cactorum ' Western BurrowingOwl Athene cunicularia SC S hypugaea ' Yellow-Billed Cuckoo Coccyzus americanus WSC Cave Myotis Myotis velifer SC, S STATUS DEFINITIONS: SC — Species of concern; S — Sensitive; SR — Salvage restricted; LE — Listed endangered; WCS —Wildlife of special concern in Arizona. 20 • OVENNOR THE STATE OF ARIZONA JANE DEE HU. 8 frq4 GAME ANDFISH DEPARTMENT COMMISSIONEtt5 5:a10446:11:14=.GOUGHTLX.FLASSTAFr 4z. imwmi‘o, 153,,kN,4::::- ,// „ SUSAN E Clitt.TOtt.ARNACA FtP1V1 2221 WEST GREENWAY ROAD,PHOENIX,AZ 8 Du„4.)-414 W.HAYS GUMP.PHOENIX. V4, Ikr 411. cliilK`rff (602)942-3000 VAVW.AZGED.COM 3°E MEer°”'YUMA - DIRECTOR * 411111, DUANE L SUF .14ROE DEPUTY DIREC:TOR STEVE K.FERRei December 2, 2002 ,f2„,„ • A Ms. Susan Phillips Planning Resources,Inc. v'e • 270 N. Church Ave. Tucson,AZ 85701 • Re: Special Status Species Information for Township 11 South, Range 13 East, • Section 34; Township 15 South,Range 15 East,Section 18;Rezoning. S • Dear Ms.Phillips, • The Arizona Game and Fish Department(Department)has reviewed your request,dated November 22, 2002, regarding special status species information associated with the • - above-referenced project area. The Department's Heritage Data Management System• (141)M S) has been .accessed and current records show that the special status species listed on the attachment have been documented as occurring là the project area (3-mile • buffer). In addition, this project does not occur within the vicinity of any proposed or • designated Critical Habitats. The Departm'ent's liDMS+data are not intended to include potential distribution of • special status species. Arizona is large and diverse with plants, animals, and environmental conditions that are ever changing. Consequently, many areas may • contain species that biologists do not know about or species previously noted in a • particular area may ho longer occur there. Not all of Arizona has been surveyed for special status species, and surveys that have been conducted have varied greatly in • scope and intensity. Making available this information does not substitute for the Department's review of project proposals, and should not decrease our opportunities to review and evaluate new gip project proposals and sites. The Department is also concerned about other resource • values, such as other wildlife, including game species, and wildlife-related recreation. The Department would appreciate the opportunity to provide an evaluation of impacts to wildlife or wildlife habitats associated with project activities occurring in the subject area, when specific details become available. 21 Exhibit I-E.1 AN EauAL OPPORTUNITY RFAACINARIF Acc_c)MMOOATION At1FNICY ttio re 411, Ms. Susan Phillips December 2,2002 2 41111P 411, " If you have any questions regarding the attached species List,please contact me at (602) 789-3618. General status information, state-wide and county distribution lists, and 4P abstracts for some special status species are also available on our web site at: 41, tittp://www.azgfd.comifra,mesifishwildihdrns siteillome.htm.- er Sincerely, 14.4,7 41, Sabra S. Schwartz 4IP Heritage Data Management System, Coordinator 41, 41, SSS:ss 4111 Attachment 41, cc: Bob Broscheid,Project Evaluation Program Supervisor Joan Scott, Habitat Program Manager,Region V AGFD#11-27-02(56) 4IP 4, 4r • 411 4V 4, 4 411, 4V 411, 4, WP 41, 4W 41. 411 4. 4W 4IP 22 4, 411, 4V • 11, Special Status Species within 3 Miles cfTISS,RI5E Sec 18 Arizona Game and Fish Department, Heritage Data Management System 41111 December 2, 2002 1110, Scientific Name Common Name ESA USFS BLAS WSCA NPL • ATHENS CUNICULARIA HYPUGAEA WESTERN BURROWING OWL 'SC S COCCYZUSAMER1CANUS YELLOW BILLED CUCKOO WSC ip MYOTIS VEL LIFER CAVE MYOTIS S C S 4110 4. No Critical Habitats in project area. AGFD# 11-27-02(56); Rezoning. 41, 41, 41,4Prerr .- 4111 es within 3 Miles of TIIS,RI3E Sec 34 Spec�ai Status Speci Arizona Game and Fish Department, Heritage Data Management System 411 December 2, 2002 Scientific Name Common Name ESA USFS BLM LSCA NPL 41.1 - 411, 41, 48, 411, 41, 411, 411, 48, 4/0 S 4V "'' 23 411, 40, +err► 9„, r I - F VIEWSHEDS 1. View shed AnalysisNiews and Vistas from Adjacent Properties Looking Onto and Across the Site The Catalina Mountains are the most prominent and spectacular view in the vicinity of the property and are visible from adjacent offsite properties. The Tortolita Mountains are visible to the northwest from this property and adjacent properties. The Tucson Mountains are slightly visible to the west. Views and vistas from adjacent properties and beyond adjacent properties will only be slightly impacted by the development of this site. See Exhibit I-F.1 for graphic depictions of these view sheds. 2. Site Visibility The project site is visible from Sunkist Road, La Canada Drive, Tangerine Road and properties to the west. Refer to Exhibit I-F.1A&B for visibility of the site as seen from nearby • locations off site. • The method used in determining the site visibility was based on field observation, and • translating that information to the topographic map of the site, to come up with specific . delineations of low, moderate and high visibility areas. Please note that the visibility • classifications are relative only to this site, and are not compared with the visibility of other off-site features. • • • • 11, • • 24 T1 cm a 1 'III ' .�`. , `I t l l ea ,....,---4, C .r.-_, _ �l i,� • • I m t t Ak d t o dO Z ,..•• C^ 41 c \,L ''it W } i' 0 ' CTh ' '410101014 • , + I • D♦ m fr V / _J , r , Q C � r CO s . oi,,,„.,,,,,'? rim ., , • cn e. P't O O �.. �f Y . rim el �r y r, ' ' , . .. , .. ifit ,/, , , .; , , , k -•334 .3'.J ./- ,,,,,,,'N),,t ,rk„i"`..10'.......'',,,,‘.oz.., fr g a.... q Y ?> ^ r g SS ,,,,,,y 3:-.40., -., x ,'L � n-1 , --, t ... rt---1 I •, i . a �� " i1 Y„ s '—. , d �' Y r W. Y • s a 11 J . Ilill 1.' , „. , , ..,,.. . ,. ,Th ,,, ,,,,,,2 .„, , , , , ... ,,, ,t,‘,,,„.:,,,':ijkl 0,'' { d v '' '," ''.411*.'''' 1''' ::I' '' t A ,,,,\ ,,,,, r h C i[ ,rY CZ Y ..,,,1113. } Y x+iYt d �7.� 1g L t sz , Si7 F i ..,-, 1 c. 1 AliV ' Val JN12ig9Ndl i --- / Xes 43 1 1 / li' c / I / / i ;../I fn � 1 i 1 ` A . ■•■ i / o Z.4 1= / / / I 7i._ n., t r I 3 1 - z1 j a I N ni zv • � � r trn D C= I 1 1 ! y<�D ^ 7t, ' / c ' T O q T" O I -1 N 4-1 3 -* , D 1 / O on d d 1 D1 I, a I 03 Dv- 1 i/ N2. C/) v m a N / ? 1 rn 1 x N1 m J Os W ' I 1 11L 4 N I - y,D,- -- -- -- 1 i c I 1 I 11 1 II - 1 ' r i rialia‘ qE 1 mrn r -� �s -- --_l il__-- --) I / I -r / 1 ! 2 , / ' l < - N / 1 1 / / ' - i _- -- -- -- / P, ir, J T g \ 1 0- - 1 g / 1 _ l c 1 i.......-..—_ -- O _-- d08 'SIMNf1S — y m=om mf p f// '�I r 0 c,2,1-1 3 0" • 0 • • 0 I - G TRAFFIC tip 1. Access ea, The site will have two access points from La Canada Drive and one from Tangerine Road. Map I-G.1 shows all major streets and routes within one mile of the site. r`' 2. Arterial Streets • The tables below provide information on arterial streets within one mile of the project site. IIP, La Canada Drive from Moore Road to Tangerine Road is a recently completed four lane . divided highway. Moore Road will be constructed as a four lane divided highway from where it presently ends to the La Canada Drive alignment as part of Vistoso Highlands Ili Subdivision and Rancho Vistoso Neighborhood 10 Parcels V, X and Y and two lanes from La Canada to King Air. Tangerine Road is a major scenic route and La Canada is ''` designated as a major route. 4 Rights of Way Existing Future Conform Owner Continuous i Information R/W R/W to O.v. op La Canada Drive 150' 150' Yes Public Yes .. Moore Road 75' 150' Yes Public Yes 40 Tangerine Road 100' 150' Yes Public Yes 0 La Cholla Blvd. 75' 150' Yes Public Yes goNaranja Drive 75' 150' Yes Public Yes • 4. MP Capacity efr and Travel Capacity Speed ADT* Roadway Improvements i ADT's Lanes Limit Condition a it La Canada 4 34,000 45 mph 4,800 Good 2005 Drive 0Moore Road 4 34,000 45 mph 400 Good 2004-5 410 Tangerine Good 2004-5 Road 4 34,000 45 mph 10,700 lb, La Cholla 2 30,000 45 mph 16,053 Good I/ Blvd. Naranja 2 30,000 45 mph 11,456 Good - lio Drive O . ADT = Average Daily Trips • 28 3. Exhibit I-G.1 shows the existing intersections on arterials within one mile of the property that will be used by traffic generated by the proposed development. 4. Exhibit I-G.1 shows the existing bicycle routes and trails connecting to arterial streets, parks and schools. 1110 • • • • 411 4111 4110 • i • • t • • • 29 0 • ..... r. ir.......imir mirmrsmirrifr 1.1 ..4.74,,:1,__ .......in:,..:,...;I,. ..... MIT ifairbilii Ern t �� .t. ix. .....0\ts „ •p r,I� �j A. � II iii.• :*''' r4f ,,,,,, 4,- . ,i„,,„,„, .\ 4,. . .... .„ ...„.... 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Ar. .: 0_, .7 so,.;;:-# -,' - J. mon .. „ plum IP . z ou ''.., ,44 -...1.r mg: 1 It ha,2 7ir 6.:W A ,low ' 4 i *,-- A # wio A rue - ■■■■i _m �� sip: 1 i Ir �� '''' ,--- w g; - *1 -IIII A�i ' _,: ��1 -- fifes�� ►i1■t■":'- 1►�� , ISA Y II r_t_ is.�':11 D ,, ,, A hell Mimi ma„s�,.... ..L,Lm -- ---�- - --- 111111=LI r._1�7..�■�n►�_ a r-44'41, ,A, c ...- 1,1-NinufWeliuw=1•E-ii.-1,....-ii., tir AwAIEFIdatazALP...-wmatem rEllitti .... ... i NOT TO SCALE 1111, LEGEND 0 .A MAJOR STREETS J \e' BIKE ROUTES Ilir EP •' SCENIC ROUTES * INTERSECTIONS TRAFFIC MAP • .• EXHIBIT I-G.I 30 • s • - R CR ATI N AND TRAI S 1. There are no trails that cross the site, however, there is a bike route along the La Canada Extension located on the east side of the roadway, and Oro Valley Trail number 325 also parallels the site on the eastern side of La Canada. The La Cholla/Honey Bee Loop Trail is also within one mile of the site. (See Exhibit I-H) 2. There are no recreational facilities or parks within one mile of the site. - I CU TURA , ARC A GICA , AND IST RIC R S URC S 1. A qualified archaeologist has not surveyed the site. Based on surveys of nearby properties, there is a high probability for the recovery of cultural remains. As recommended, an archaeological surface inspection will be done and a data recovery program will be conducted, if needed. A letter from the Arizona State Museum is • attached as Exhibit 1-1.1. 2. There have been no previously recorded archaeological or historic resources for the • properties. � I - J SC S • The site is located within the Amphitheater Unified School District. Copper Creek Elementary School is located within one mile of this site. The other schools that will • serve this site are: School Capacity Enrollment Wilson K-5 750 652 Richard Wilson 6-8 800 778 Ironwood Ridge High School 2250 1653 The locations of these schools are also shown on Map I-J.1. � I - K WATER 1. The site is located within the Oro Valley Water Utility service area. David Ruiz, `, Engineering Division Administrator, of the Oro Valley Water Utility, responded to our request for water supply information and serviceability. His letter is attached. 2. Not applicable. The site is located within the Oro Valley Water Utility service area. They � will be able to provide water service to the site by connecting to the 12-inch water main located at Tangerine Road. 41 4110 31 i • 111 • • .„...„,.... .„......._ I , 7 1111117111wdgilL tI �• �� .40 c , . O 1 O 1-m-an-,-,,,- — �� II• 1 MOORE__—_ §C°4_._ _ 1 - Milk • La Cholla Blvd./La Cholla/Hone Bee Loop • _ i' _. - � i, O. V. 3261 • _________, „. • o_ r ..P i • • O.V.325 410, 1411 Ilk • ====7.--: --iii--T _1 I is, II ii.,..___,___,---I • ,L�_1, TANGERINE I Sap II 4 , ! 1, . t , li , _ es i 0 ::-- in ... # Aok ii i w a 40 5 I ' I I it( 0 61 . .., i A 51,* , � ��I; r I 1 op go ---) - H1 - ritil/ -11ii ilep) i• law likk°PI I: ". i ler a ' altr _ . I II 1 I I i 1 i II LEGEND -41. O Al Oro Valley Trail • % Project Site iv •• Bike Route • iliW I,j Pima County Trails i OroVaIIey RECREATION AND TRAILS 4„ Pima County s EXHIBIT I-H do ,N :NpLanning resources NIP 0 VP planning landscape architecture urban design development consultants 270 North Church Avenue,Tucson Arizona 85701 • 15201 628-1118 fax 628-7637 S NOT TO SCALE 32 Cip t THE UMVERSITY OF 6101 Arizona State Museum ARIZONA. P.O Box 210026 ,t Tucson.AZ 85721-0026 TUCSON ARIZONA AL, (520)62J6302 IF FAX:(520)621-2976 o November 26,2002 • ‘.› Susan Phillips • Planning Resources,Inc. 270 N. Church Ave. Tucson, Arizona 85701 41, RE:Miller Property,Project No. 02020.01.Proposed rezoning of 1410 W. Tangerine Rd. On November22,2002,you requested an archaeological site file check for property located in Section 34,Township 11 South,Range 13 East, Gila and Salt River Baseline gip and Meridian,Pima County,Arizona. Your request is in association with proposed rezoning of property at 1410 W.Tangerine Rd. 410 • eir The Arizona State Museum(ASM)site file office indicates the parcel of State land in MP question has not been inspected for archaeological sites. Site density in surveyed lands in the surrounding area is particularly high,and the potential for archaeological resources on Mr this parcel of land is therefore also particularly high.. The ASM recommends an 4110 archaeological surface inspection to determine whether such resources are present on this parcel also. I have enclosed a list of archaeological contractors authorized to work on State lands in Arizona (State land means: state, county,city and other municipal lands). MP • 41, The archaeological contractor you select from the list shall prepare a report in accordance with Arizona State Historic Preservation Office guidelines entitled: 41110 Standards For Conducting and Reporting Cultural Resource Surveys, Most contractors in Arizona have a copy of these standards. 411P 41, You are responsible for providing the report to the appropriate State agency office 41 requiring the inspection. The archaeologist authorized to do the work shall also submit copies of the final report and all other associated records to ASM. The contractor selected from the list provided will know where and when to submit reports and 41, associated records,and how to proceed if archaeological resources are found. If you have 4P questions or need further assistance please contact me. 41IP Sincerely, /7 MP Su Benaron OP Assistant Permits Administrator er (520)621-2096 4W sbenaron@email.arizona.edu Exhibit 1-1.1 111, 11!; 4111P 41111, %PI 33 OOP 4IP 1 0 I., eft MIR MIIIIIMEmi • FillP01111111111.1 IN railli Illi 1.11 II:AV 1'4.*" .% 71111Mkk..0 .1NPIT, 71;11,i ' 111Piti _ -rtia darris-t\, niilu7 `lI'1.111•11 . a in ,. 111111 ill -ilei IMII=I i.,,"m II'iitir/ if.,,,....t., A 1 Vo Int f i♦c` A 0 I IIiI ___MEM 1 1111 Ain A, • I i Ir ipii-.,,_ !ii.„..---. :,..... ma somor!MigimIllJ 8 ",‘err �r�C i_ �•`. '•.y i/��•i w •'. •bb• ♦� `� I,- : di\ 4 IIIWI `lig....IMAN, limb inn 0 ._ ,-ii ti::1 ., ,, ,...iii.i�i, my'_ /1111111111 4.�\1111111= :7141* ♦I■■E „ 1 _ III ' ,' ,.� ,�•tr1.111; 401«i •.• ' 11.fiLanor 4.*" .%i,� PAINTED SKY ■ ¢- � TEA �,, .��, _i.Il =m■ions■ �m.. ELEMENTARY SCHOOL --to., gli ...11 I INN MUIR■■■■�■ � ':riTilinia;ill,..., , all MI= _ trz„..1.1 Jp.-ak. 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I 7 tN .ipLanning iesouices 11110 VIPplanning landscape architecture urban design development consultants ,� 270 North Church Avenue, Tucson Arizona 85701 • (520)628-1118 fax 628-7637 opNOT TO SCALE 34 • r, I - L SEWERS During the Tangerine Road improvements, a stub out from the Verde Ranch Subdivision ` was place crossing Tangerine Road at N. Sage Brook Road. It is about 665' to the west. • I - M McHARG COMPOSITE MAP Map I-M is the required composite map showing various characteristics described in previous sections of the Inventory and Analysis. Stated below is a summary of the restrictions on the site. - 1. Topography • a. There are no restricted peaks or ridges on the site. b. There are no rock outcrops on the site. • c. There are slopes equal to or greater than 15% but none that fall under the HDZ Ordinance. 2. Hydrology IIP a. There are no 100-year flood plains with discharges greater that 50 cfs on the • rezoning site. b. There are no areas of sheet flooding greater than 1 foot. c. There are no federally mapped floodways or flood plains. � 3. Vegetation } a. There are no areas of high vegetative densities or protected species. AI b. Vegetation is needed along the banks for soil stabilization and the property lines for screening. 4. Wildlife e, There are no significant wildlife habitats on site. 111 5. Viewsheds There are some areas of the site that are visible from off-site locations, but there are no areas that would be considered highly visible. VIIP Mo, 35 44°C4)* t4. 4tx fejt' - 11:ex .211. PIMA COUNTY (fe WASTEWATER MANAGEMENT DEPARTMENT 201 NORTH STONE AVENUE KATHLEEN MCHAVEZ,RETUCSON,ARIZONA 85701-1207 . . DIRECTOR PH:(520)7408500 44P FAX:(520)620-0135 • November 26, 2002 40 40 Ak Planning Resources IF 270 N. Church Avenue • Tucson, Arizona 85701 * Attention: Susan Phillips 40 O CAPACITY RESPONSE NO. 02-85 40 e, Dear Ms- Phillips: 4/ We have reviewed your request regarding the availability of sewer service for the property addressed as 1410 W. Tangerine Rd. (Parcels 219-47-0170 and 219- 47-0180) . O 10 Under existing conditions (actual developments and commitments for service O through approved sewer Service Agreements) , there is capacity for this proposed development in the existing 8-inch diameter public sewer (G-9 -012) 0 located in La Canada Dr. south of the subject parcel. This project will be required to extend the public sanitary sewer in order to IP provide service to the parcels to the west and to the north. A Sewer Service • Agreement may be required. .... This response is not to be construed as a commitment for conveyance capacity allocation, but rather an analysis of the existing sewerage system as of this date, 4, Should you desire addition information regarding this subject, please contact this office (740-6544) . 40 Sincerely, AM 4. 41 • _7:4w ft. dA 44 41 Ilene Deckard 41 Sr. Civil Eng. Assist. 41 AK Xc: Tim Rower Development Services Exhibit I-K.1 O File: 1711,R13,Sec 34 36 410, • --.---s,•84','-'... ;7049,4-..,,&* .iti.: ----...--'—"1---'-'="---- . - , . , , , . , -, \,,,,T,,,, , • -,„L.._-_______ __ —......,...... F"'Alk . .... ,_, s. , .,,,,,........, II NI, NV ,.1 \ q•-, -----,.. .„..,........_.,,,,.,9 :,i;;;.,."'*: ,------,. ,. Fir.744 ; *,', i. ....7.- , .i ,,' .'. , .„, iiii ft-4._ . .. f. ,,, ,f,, . ,,,.. ' ' fe .. -. Illi-i I.., ... , . ii,i-ti . iivit. .; , . ii,/ , _, •.:-..,•,':. . v .,-, ,,,,• ''''_ ,,71.' t. 0 . II ,:A.., ,=',. '•'' --. 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Ca. eki-i„,,,.-,.--- 8, „,„).r„,-, : ,'-tr:t:44-.• - -1.41 '' t *4 . . ri4ti, '-'1 *44 J ; 7'''. 17-"'...:C....* ilt444):''' 'T. til ....,,,, ,:-..:.k.. — .'- .. '..,',..41- ,."'.•: .:4'*-.w..1,4'...'il'i, - — ''t h. ,. . . •ft, 4" --z-4. ...01410.10,40. • .,..,,!. ., ...„,_ No*, \'• ', . -' • ,i ,----.-1.-- , \,... ' ' - --- ...' '. OV06 SINNfl,S, -. ji ._)74 irr..... - ----.... 0=4.... !. ,,,:.4,.. ., ... , .. .„1„,4.7e: ., • .,..„ .A.,,„. 4..A,:- ,, 4 ',' .::{.'.. 41,7'1' •VO- 4 R co .',• '',-;,-:.....-.,-.4,,,it,707-:,...‘ 4,,,:-.,),:oci,-..4',:ifr''. ..4'.-. '.5. ; ,,,...0.:,!: ,/ . : 7,..... .....,.... . .. ... • • � PART II — LANDUSE PROPOSAL •M II - A PROJECT OVERVIEW ` As originally proposed, the project was to have low density residential and mixed commercial uses. At the suggestion of the Economic Development Director, the development plan was revised to reflect small-scale office space in a business park setting, for technology businesses and similar office users. The Mayor and Council approved the proposed change from Rural Low Density Residential to Commerce Park in the General Plan designation on October 20, 2004. This change was made with the • intent that the site be rezoned to Technological Park (TP). The plan amendment was 411IP restricted to the portion of the site east of the wash. Therefore the three existing residential uses to the west of the wash will remain. The rezoning is been requested for approximately 19.3 acres east of the wash. Part II, Land Use Proposal refers to this portion of the whole site. The project as now proposed includes 14.3 acres of 'TP' zoned area and 5.0 acres of Commercial °C-1" area. The Tentative Development Plan contains approximately 22,500 square feet of retail uses such as banks and restaurants and 166,150 square feet of office uses. II - B TENTATIVE DEVELOPMENT PLAN The following land use proposal develops design concepts derived from the preceding inventory and analysis of the site's unique characteristics. The planning team has used dP the site analysis, input from Town of Oro Valley staff, the Town's General Plan, and Zoning Code to devise design responses and environmental impact mitigation techniques ♦ that are compatible with and responsive to this site and the surrounding area. The Tentative Development Plan Overlay, Exhibit II-B.1, shows the property boundaries r► and the rezoning boundaries. It also shows the alignment of La Canada Drive, tentative locations of the buildings, parking areas, interior circulation, buffer yards, washes, detention basins, and minimum setbacks along Tangerine Road, La Canada Drive and Sunkist Road. It is the intent of the plan to create a residential scale office park by 1r placing conditions in the CC&R's restricting building heights, lot coverage, uses and architectural styles. The project will include landscaped outdoor amenities such as courtyards and walking paths through out. Architectural design, site landscaping and amenities will conform to the provisions of the Tangerine Corridor Overlay District for that 4Pportion which is in the corridor. Upon completion, the Technological Park will provide employment and support services for residents near their homes. Er AP C EXISTING LAID USES 1. Map II-C.1 shows the proposed zoning boundaries for the development. 2. The proposed technical park uses are compatible with existing offsite uses. The property is currently low density residential with horse stables and the land has been IIP disturbed, as described in section I-A. The new uses will bring residential scale offices, a much needed employment center, and neighborhood commercial 4111 businesses to the area. 38 ,a i 0 0"Vm I "r1O IIZ4117111k .....,0--f I x m I z v ` 1 - - - CIVO12NINJONdl - - o I � I I o I_ I r D / W D °'� 4...rm.=..am IIMMIMIIINI am am amommam am am 4,101Mmo I ( MX 'O r / 01 I, b b r— p OCo� CD-, / r 0 / � = b d / 3r = / 1 _ I . w _ ' N-7 O. � ' N Cf) •` v /' b N_ N O) C �.F N, 03 D 1 i� N ,N D D r- v�"� I xw D- N v J _ MI I 0 7)D I i-4 1 tX m 0-1' ! Z m D 1 X i �� --- i -P-' I Z m S r 0 I I m I m I -So I Z ( 73m / 4,--I O j D o 1 r f D r / t C% 1 ,/k ' H 1 4Z NIO N "� I v m gmb —m wo / r WO rnm Q 1 /CZ) 1 k.b --..............------....) --...------il_ n ole GVO8 1SINNl% ..rrir- �I,-, m co rlcc m zc r-12m m D Ir II - D TOPOGRAPHY 1. There are few areas of 15% or greater slopes. Because most of these were man made and surround the existing development, the Tentative Development Plan does not preserve them. All slopes associated with the wash are not within the development. 2. The plan needs to encroach on to these man made slopes to accomplish the development plan. 3. No allowances are needed under the Hillside District Regulations. 4. No new cross slope was calculated because it does not fall under Hillside District Regulations 5. 98% of the site will be graded and revegetated. 6. See Exhibit II-D.5 for the extent of the grading limits. 41 t I __\^,..‘-----T':_ . v 4, I I 411111 . I - 1 , --1 Ilt r_ r v I. ' 4 ON-2 I 9N,1 -- - \ I ,\' ..f---1...E-..3 _ . , ,,,4 8 ca r7p_ -ti tzil ..c, 13 -1- ....„ --* '''-' lywi:147M1pli 4 i"' . ,'l*:77 / r,,°0' , , f aiii, ; \ ip , -\-.•,,__„,\ L !err \\N-,1\ ,\ AS, ,,,,,, i ) Pr \ .,, ..• ••• -, 7, iiro . \\\ A. ,,, ------ 1 \ \ A. ,pie \ \ \\ \ . , 2, = ti a 0 Fr, 'II' ilelit'. \' • \)„,/,, . I III f.z.:: .."‘ 41 4 ',: N \\\ • Of IN & 27 2 ) I ii ' \ \\ •\ )" 0 IAN \ \\ \ d g Ft1 in ) 1 :•frk!L„..* 1 I 1 \( \ \\\ 1 f I ‘\ \\\\ \ I 0 -4i:"- _,:: -0. 1 \ \\. .,\A eiti , _i it , 401 , i iit's \\ ,.000I 1 , I.. __\4.,Hi i ' . i \ \\ 0 oil • . \ • \\ A , ,-,7 _ , 1./c9. i:# , • kl ff. 0 40 ?1 k, 'tA.,,,, .' \ y 0 c 4 . \\ A ot) 4' I . t' 0 . i )i t 17 , c \ iti t . • r,, ,.. \,) k• t. ' ' b V A 40 \-- \\\ \ ,\ / • \, , --` q '-i / 1 t,•..> ,.42,L, c ,i,.nill` \\• 4 t, 1- _,,-- gl . c2, : 1 %L3a,11hill ',11,b-,,N, 1Z:1 \., Imlii ...., ---"711111 dvoH\i§INNnsilterat. ---" • '• -----_____ --- 4' _ -=Ali-....... PAM _ 116, "'CI 2-4 n. i I.i A mil I I 1111\1114 a e 1 T,' o I 2141 , Ili _ ...H•y. Tr II - E HYDROLOGY 1. The floodplain limits for the central wash were established and an erosion hazard setback line was applied. The commercial development on the eastern portion of the property was set outside the erosion limits also. The post-developed increase in the 2-, 10-, and 100-year discharge will be reduced to pre-developed levels before entering the central wash with detention basins. The existing wash will be restored to its former Riparian status as required. 2. The floodplain limits for the central wash were established and an erosion hazard setback line was applied. The commercial development on the eastern bank of the center wash was set outside the erosion limits also. There are many minor basins located within the project that will intercept and detain the stormwater runoff. The majority of the western boundary of the project has proposed detention basins which are located outside the floodplains and the erosion hazard setback. 3. The existing wash will be restored to its former Riparian status as required. There will not be any drainage impacts to the off-site land uses upstream or downstream of the proposed development. 4. The storage volume required for the detention of the site is based on the developed density of the site, as well as the total area of the commercial site. The commercial development will convey all of the stormwater runoff within the parking lot, or access drives. All stormwater runoff from the commercial development will enter one of many detention basins before entering the central wash. The combined volume anticipated to reduce the post developed discharges to the existing levels is approximately 3.3 acre feet. The basins will consist of four to one side slopes and have a volume that ranges from 1,919 to 69,239 cubic feet of available storage. Each basin will be from two to six feet in depth and will require a 42-inch security barrier around the basin for basins over three feet deep. Positive drainage out of the basin will be provided via a six (6) to eight (8) inch bleeder pipe. The runoff will be collected from the street with depressed curbs, scuppers, or catch basins. 5. The property is located within a Critical Basin which is required to provide detention for the project, such that the developed discharge is below the existing conditions for the 2-, 10-, and 100-year peak storm event. The site is subject to the EPA's First Flush requirement (similar to retention) due to the commercial parcels and the size of the parcel. All of the onsite stormwater runoff will enter one of the many basins prior to entering the central wash. The basis will intercept the normal, ordinary runoff and will act as settling basins for sediment, oils and contaminates prior to entering a major body of water. It is important to recognize that there will be some ongoing maintenance for all detention basins that will be used as the "First Flush Basin". Ongoing maintenance includes both scheduled and unscheduled maintenance activities. The scheduled maintenance could include such things as mowing, pruning and trash removal that are done on a regular basis. Unscheduled maintenance involves sediment removal or repairs, usually made necessary by storms and floods, which are discovered either during regularly scheduled inspections, or during inspections 43 • • made after flooding. It is anticipated because of the size of the contributing S watersheds the requirement for sediment removal will be minimal. The Town of Oro Valley discourages the use of online detention basins; therefore • the basins will be positioned such that it is out of the effective floodplain for the • regional floodplain conveyed through the center of the site. • • CONCENTRATION POINT DRAINAGE AREA(AC) 100-YEAR DISCHARGE(cfs) 1.0 83.66 453 • 1.1 27.89 152 • 1.2 37.97 220 1.3 22.44 135 • • • ID 110 • • • 44 -- - -- ,--,,,j1 li, b =- �� POST-DEVELOPED 100-YEAR PEAK R �`---- DISCHARGES `--� tt, 'y` ' 'e -----:,_,:\tt,---\ , • 1-1 I 4 rJ ) r y1 - , Concentration Drainage Q. iiPoint Area(ac) (cfs) 1.1"--:',1pli )i /��I t,�,`'71, i`� �r 1.0 83.66 453 "' , , \-- 4 cJ r) ; ` ,� 1.1 27.89 152 `;'i ,'�. ;,w ,_ �._', 1.2 37.97 220 \ I --TV‘-',•:-:',, ''. i\a4) --- 1.3 22.44 135 (,,,,, ,_)f) , ,.5, : ‘.)P, ,\ _, ..\---^-i...#i w " I- ira . , AV') , fi,, I iSO t` .4,`'.\!� L, ' j TABLE OF APPROXIMATE / % (V: b ' / DETENTION BASIN VOLUMES AND iii Q100 ,� ; .� l 1 y c d ill B1 c,c ,/c)i- jA Q /r Approximate Basin Volume=:;:::: , - ,Q100=3 cfs 1; #6 i . ,/ 11 i 1,-__.. ,I ilk, , ib, 1I / 2 9. /1 ii' c r )..;. fri=,, , , . I��11/ t��. Pi t Approximate Basin Volume ,Q100=3 cfs .' I/ ik Y / 1/) ' I Ar -1 C 1 ��i `Ili IIS' Approximate Basin Volume=7,153 cu-ft,Q100=8 cfs AL.' Inh V� `I 4' 11 i' ) `V • I 1 I B4 (IIx,; =' -‘,., I 1; II S I Approximate Basin Volume=1,919 cu-ft,Q100=9 cfs k, ,,,, i 1'' \ \''' e,',,,i ! r 0 :,.! 1 --97 II k B5 t 1 ! iHi. ..1 I -0 A (_ `'`� ', j 4I J I 11 I; r � , Approximate Basin Volume=2,209 cu-ft,Q100=2 cfs / \‘ ');( - I ,-, ,wasm: ....0 I ,,I ( B6 r jii\ ) -N\\_\-,‹ II ,._ ( -- L.,h _ , ligs , .'. 'iI `'` — Approximate Basin Volume=2,570 cu-ft,Q100=4 cfs I. _s 1.2 . - - - --1` ii a _ ..J/(, ' i, I, 111 B7 ct, 0 \ ( '.) ii ti� I \\ , ,1 i, pm I V 1 Iii 11 Approximate Basin Volume=20,541 cu-ft,Q100=22 cfs )> \\\`, li.(' ll;* Ili ii 11111 F If11JJ B8 ! %v '''—'''4'''.- ;;. , T_- II Approximate Basin Volume=2,795 cu-ft,Q100=8 cfs �� f1i, % B9 _ ,' i' I// v ' ii LI% ilil ' -'R I `` Approximate Basin Volume=34,924 cu-ft,Q100=12 cfs lipr,. tl I `,� FpN I 41moi, Approximate Basin Volume=6,000 cu-ft,Q100=4 cfs I I' iiIIIIii iiiitlit 1 , vi. C.--: {. I-1 A/4. `' I Y —L:2 �� h lApproximate Basin Volume=19,240 cu-ft,0100=13 cfs , -*s , -1: ' . ',` 1" \ ;(1, /�+'�� lig";/��u 104'' 1 , �,� �. !; �� --� ---`�iiir Approximate Basin Volume=35,101 cu-ft,Q100=11 cfs Itimi* 011 ii,i 3 . `. / . `\------ .4 Approximate Basin Volume Portion of B19,Q100=12 cfs V 4 N''' ' 4,,-,,,* P/ / / / irilla 1.,/,/ ' --'- = 4 t /5-Avi ‘....„, , (( / /� B14,B15,B16 ci i *, '�-� r- 041 �I ;j1Approximate Basin Volume=20,636 cu-ft,Q100=19 cfs ff , i"\.7 ''!/ilik a /1 I rg, B17 SI, Allill �'� �- ir Approximate Basin Volume=5187 cu-ft Q100=Porti n N �-,,r :.� - - I, Q1ifl00=Portion B14,B15,B16 \' ter. ,/ q. 1� 11 --'f--)- J— —.T .�`"�. ✓._=_•_.. ///" -- =-may_/ -� ,��.- B18 �. IIV �� ', ' Approximate Basin Volume=2,661 cu-ft,Q100= . fir. _ _ __ _ .r- / s,,' -•..r•� Portion of B19 Ig"! -- . �- _ -=a--- B19 4=_ - Approximate Basin Volume=69,239 cu-ft,Q100=30 cfs F, BOGARDUS PROPOSED DRAINAGE CONCEPT m ,, \ENGINEERING,LLC 3838 W.Sundial Place TANGERNE RD AND LA CANADA E' Tucson,AZ 85742 Phone(520)57243530 Fax(520)844-8044 BEING A PORTION OF SECTION 14, 01 SCALE: 1"=200' SP. RENSION DATE DATE: T-15-s,R-14-E,GAS.RIJ.,PIMA COUNTY,ARIZONA BOGARDUS PROJECT NO.: 09/18/2006 02-X12-A-002D 1 of 1-=200' 1 • • • � II - F VEGETATION • It will be important to retain the existing vegetation along Tangerine Road and Sunkist Road to provide native vegetation for the buffer yards and to provide visual buffering of the site from the residences to the north, Tangerine Road to the south and La Canada • Drive to the east. Otherwise, there are only patches of vegetation throughout the site . and much vegetation has been removed to prevent injury to horses on the site. The site contains some healthy species that are particularly adapted to salvaging. They will be transplanted on site in the final landscape plan for on site landscaping or in the buffer yards. � II - G WILDLIFE There is no significant habitat on the site for the Cactus Ferruginous Pygmy-Owl. II - H BUFFERYARDS Air "r There will be buffer yard 'B' (30 feet of enhanced natural vegetation) along Tangerine 41, Road, La Canada Drive, and Sunkist Road. The western edge of the project will be buffered by the wash and riparian zone setbacks. See Exhibit I-H.1. 4110 The combination of the 30-foot buffer yards, the use of native vegetation and the 410, buildings' orientation will help to mitigate the impacts of the commercial development's noise, visibility, and exterior lighting on the La Canada Drive and Tangerine Road • Corridor. The required screening between the R-144 zone and the TP zone will not be provided because of the existence of a wide wash. This is a natural buffer. Exhibit I- H.2 depicts a cross section of the Street Buffer yards. r I VIEWSHEDS The most significant view shed in the area is of the Catalina Mountains, which are located to the east of the site. The proposed development will not severely interfere • with the magnificent off- site views. See Exhibit II-I.A&B. A visual analysis for Ilir Tangerine Road Corridor Overlay District will be submitted with the final development plan. dor • II - J TRAFFIC r i, 1. a-h La Canada Drive has been completed. Traffic impact from the development of this site has been taken into account in its design and will not be addressed here. " The main circulation through this project will be provided via one drive running the length of the project with access to parking areas along its length. The site will be served by 4 points of ingress/egress. There will be 3 right-in/right-out entrances — one on Tangerine Road and 2 on La Canada Drive. A full-access entry will be located on La Canada at the median cut. Access to the median cut on Tangerine "' 46 40S 41, Road (for left turns) may be available in the future with approval of the property owner to the north. In addition, access to Sunkist Road may be available in the future when the roadway is improved. For this plan the roadway connection is being proposed with a gate for emergency access only. The estimated Average Daily Trips along La Canada Drive from the proposed Technology Park Development is as follows (based on ITE Trip Generation Manual 7th edition): Use Unit Morning Peak Hour Evening Peak Hour Daily Rate Office /1000 s.f. 1.74 1.50 11.42 166,150 sf /1000 s.f. 289 249 1897 2. Bicycle and pedestrian access will be provided to paths within the right-of-ways of Tangerine Road and La Canada Road. 47 cl To O I m n„._. giik , rn� II 1xi 2 o 16,,Al ` - - - 12: - ad0� JNIeIJJNdl - - - m I I -� ' --I / t....i..............-.......................��/.�0 IrnZ 2 23rn w nip / / Z I o b //o n C7 �'z // ' -, "■ a 1 z C o �' d d / G� T1 A , —< .., .., 7a E I / �-,. .....,. i, = D 1 1 • rr .4 0 os. 1 ,tL7 1 g7 CD /' 30 C/? I I ./ D N I e'`,,D,' CD I < LJ �m I D C 27coz / 0 0 �cn D I [tel C O �,, V �Z -n v� I �m I w� is 2t / C) C3> / -� CI 7 • n ii Z N I 23 M < 173 o / 2 M • - 27 W I I D \-.•-, — I < 00 1. *O C m CO z J I '� D D I I00 =KFC - M �N o�D Z �r / > CA CO D n _- 03 7.3 o / 1i I iti 1:3 0 N I X 01 �m I N -,___I ( o -P I z l n I / r I ° / I --I II v m / 10 I 1 I I I Z I I ii r II I / r l I • l / 1 :---------------------- / /.i i / //• i / c - r; 1 I z 0 II �Z 0 -< # x ao I o rn C N v rn -1 i .. -\ Dz rTl �� 0;5 77 rnm / r -< I I D I 7) r N cp o I co 1' p2 Ii (NM 1S I NNns D re v Arno zc _<0 Z 541 mrn %. loi sp. III 11, il i. Pi 2, I r7; 110 R 1 ill (53 1 , Iti Z —I 0 (.1) —I 0 z > 11.> LA CANADA OR ----1 TANGERINE ROAD -13 , . -4.---- r— co XiNA,c, 11 e, e' P. co m 3i-r, 345, C ni Xi —< m 7) —0 ..- ..."'-...--,•ki"."---"'."`:'. , '71 rl 1 > ID 1 ••• r 6A --, CD _ ri _ G.) CD M ---1_ duisillIA- rf 'CA"-i ' fr -'-'..., .< ,• ,L1,..i7z,. .k. -zz c-‘> ,4,..,......, _........z._,_ --- - / 1 ::-=---- 1,1 .. ----- \--- ,-0 r ,, '•,. r L_ r ,; , •Iti-i . , ( 'I iitit. X(1 rt' [Ali- ;. . :. iti , .0' 7 rto Va ...., ....c lb JO tt, Vt LT r4s im N ...... i'- Cli ''1,1': _.. fi.:,,,,",,-.0. ' '":"",, ,"..• •,*,,,-.7,..,,, ,,.,, 1 .„ Myr 1 N �r ::- . • ,.G '' I �1y, .. ` ' ‘ }f Vie' ..: — 7.3.e rte. , ` ,4 '''; * I'. rh 1 ,Uk. ,„,,.,, . --...._, rZ ` ! y i v, n k ,, r_-_-- �a ' _ r.,„ ,� _' I , ,,a gyp„ _ ,, __,,,, „,,L,,,g , , ' ''', p — ,-...,,--, . }if ; ,n C xd 1 , -ii l'. '*ei',.: ' rh I , *. s , / --......„. O d �:�f. f” f r ' ' '..:, - `./.' n I d . ,,f,,,,,,, ,„, i ` +, „„, t �1 f i•,,,,,,:• .. o \ ''‘. ,:''''. ' ', ,, \ * : '; '''f.' ''., * t . , '-....-„,_, 7,9,7:,''':;:4-' , ii i f :, , ,',. .- t. . ,.,. i eft.*' Wt 4 i � _ C 1 1i .1 f z ,,� 'h °4‘ -h rti % C.:* 1 11.Z. til , . • ---..... ' . , - . .1'. ... . ''• le-.--,,.-,;,,, .}.1%;'" -- 7ci --,- Pli0-1!.2:,(7,- fait 1.----- , , . , . ,,• r-r-i 'i i 10-' ..,#r-. •'.1'I 5 1 6..' """- .-..._..„ rri . - --7-1 —....., rm -.....„ 7:) rh H"II-- -- . a Ky.) i .,, ' „ A Crl ---, 1,,..,• 11Pla / • • . ••• . ,...• ri---, —'14 , 7') . , —....., r--- . ' r........ . -T-_-.) --...., r-r-, divitawallit c...-) -......„ MIS ,Q2) . ' ' 1 ' -' 0111116.1011" . -.. * 1. . . .. , . . ....,,,„ MI .. - rti % Ni< --., tk) ......,,,.. ...., -..... ....I 1 b t/1 • ` II - K SEWERS • 1. Sewers will be provided in for this development from the existing 12°-inch sewer line located along Tangerine Road. 2. Pima County Wastewater will be providing sewer service to the site. Their response letter states that there is sewer capacity for this project in existing lines (Exhibit I-J.1). 40 II - L RECREATION AND TRAILS • 1. These were covered in Section I-H. 2. The site is not adjacent to any trails that would require access. • 3. There are no proposed open spaces within the site, other than the patios and entrance spaces. • II - M CULTURAL, ARCHAEOLOGICAL, AND HISTORIC RESOURCES • 1. The potential for archaeological resources on the site is high. The site has not yet 4110 archeologist surveyed. No ground modification activities will occur until a qualified archeologist has surveyed the site. gip 2. If significant cultural resources are identified through the inventory survey, a cultural resources mitigation plan will be submitted for agency review and action, and the approved plan shall be implemented prior to the approval of the grading • plan or any ground modifications. II - N SCHOOLS + There will be no residential development; therefore there will be no impact on the OP schools. IP 11 - 0 WATER vir 1. The Oro Valley Water Utility will provide water service for this project. (Exhibit I- 411, K.1). 2. These figures not available. • ger • 52 0 0 • TOWN OF ORO VALLEY • "it ' #<,—, ,"',414:, -- ,0<• • • 1 *. • - - .,. . Water Utility O 44 . . " -. ,:::;:' 1% ;;'* 11000 N. La Canada Drive • 4 ,,.,,,z?I-.~:,4:?.,..,, : AL Oro Valley,Arizona 85737 • AriiisP44 p. --4„....t........„• bi POli."-".''. 31 (520) 229-5000 Fax(520) 229-5029 • ,AIDED • October 25,2002 0 Ms.Susan Phillips Planning Resources 0 270 North Church Avenue • Tucson,AZ 85701 4 0 . RE: 1410 West Tangerine Rd. Section 34,T.,118.„R.13E. 0 . . • Dear Ms Philips: • O Per your request regarding the property at the above referenced location,we offer the following information: 0 1.Subject property is located in both our E and F zone water service areas. O 2.There is an existing 12"E zone water main in Tangerine Rd.just east of La Canada Drive. O 3.There is also an F zone system to the east of La Canada on the north side of Tangerine . 4.An extension of the water system will be required to serve the proposed development. • 5.A water improvement plan must be submitted to the Water Utility for review and approval. O 6.The Oro Valley Fire Marshal must review the plan and provide fire flow requirements prior to 0 being submitted to the Water Utility. Should you have any questions please call me at(520)299-5023. • O Sincerely, 0 fkill 0 David F.Ruiz • O Engineering Division Administrator 0 cc: Alan Forrest,Utility Director 0 • 0 • O ` 0 0 O 53 O Exhibit 11-0.1 40 S � 1 • � BIBLIOGRAPHY tollh The following departments and people have contributed to the information included in this �., analysis: Arizona Game and Fish Department Arizona State Museum 10 Cooper Aerial 4P Pima Association of Governments Pima County Wastewater Management Department 41110 Tracy Bogardus Engineering Town of Oro Valley Planning Department 4. Town of Oro Valley Water Utility ER Southwest Gas Corporation • • thr 4rip i 4111 i i • qp 54 TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 2 of 2 RECOMMENDATION: Staff recommends that the Mayor and Council approve the adoption of the International Building Code, 2006 edition with amendments. SUGGESTED MOTION: I move to approve Ordinance No. (0) 07- 03 , the adoption of the International Building Code, 2006 edition and amendments thereto, attached in Exhibit A. ATTACHMENTS: Ordinance No. (0) 07 - 03 , and Exhibit A attached thereto. #1. , 19. 1Pr- Buildi g Sa - y Director irsistant Town Manager 4 d andAsv•A- Town Manager ORDINANCE NO. (0) 07- 03 AN ORDINANCE OF THE TOWN OF ORO VALLEY, ARIZONA AMENDING CHAPTER 6, SECTION 6-1-1 ENTITLED "BUI LDING CODE" OTHERWISE KNOWN AS THE "2006 INTERNATIONAL BUILDING CODE"; AND REPEALING ALL RESOLUTIONS, ORDINANCES, AND RULES OF THE TOWN OF ORO VALLEY IN CONFLICT THEREWITH; AND PRESERVING THE RIGHTS AND DUTIES THAT HAVE ALREADY MATURED AND PROCEEDINGS THAT HAVE ALREADY BEGUN THEREUNDER WHEREAS, 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 subdivision under the Constitution and laws of the State of Arizona and the United States; and WHEREAS, pursuant to ARS § 41-1346, this Ordinance is a public record with three copies of "Building Code", otherwise known as the "2006 International Building Code" on file in the office of the Town Clerk; and WHEREAS, on December 6, 1995, the Town Council approved Ordinance No. (0) 95-85, ‘limor which adopted that certain document entitled, "Oro Valley Town Code, Chapter 6, Building", as the sixth chapter of the official Town Code; and WHEREAS, Chapter 6, Building, Section 6-1-1 is the Town of Oro Valley's Building Code; and WHEREAS, on January 17, 2007, the Town Council adopted Resolution No. (R) 07-03, making that certain document entitled the "Building Code" otherwise known as the "2006 International Building Code", with amendments thereto a public record; and WHEREAS, changes made to the Building Code were primarily due to errors in printed codes, coordination between codes, climate and geographic considerations, life and safety issues and local community issues. NOW, THEREFORE, BE IT ORDAINED by the Mayor and the Council of the Town of Oro Valley, Arizona that the certain document, known as "Building Code" otherwise known as the "2006 International Building Code"with amendments thereto is hereby adopted. NOW THEREFORE, BE IT FURTHER ORDAINED by the Mayor and Council of the Town of Oro Valley as follows: Section 1. Oro Valley Town Code Section 6-1-1 is hereby amended with deletions in strikethreugh and additions in all CAPS as follows: F:\Building Safety\Suzanne\Council 1\2006 CODE ADOPTIONS\RESOLUTIONS AND ORDINANCES\International Building Code Ordinance 2007.doc Town of Oro Valley Attorney's Office/ca/012907 6-1-1 Building Code A. That certain document known as THE TOWN OF ORO VALLEY'S ADOPTED BUILDING CODE IS the !! "2006 International Building Code, 2 AS AMENDED, Edition, including Appendix Chapters H and I," as published by the International Cod- = • - • , •' ., .-: with modifications appended thereto as Exhibit A, three copies of which are on file in the office Oro Valley,the Town Clerk of the Town of Arizona. , which document was made a public record byResolution No. (R)04 71 on August 4, 2004, is hereby referred to, •:== -: • •_ _ _ 20th day of January 2005. B. The use of minimum requirements specified in this Code does not guarantee, implicitly or p et of anybuildingor structure subject to this Code. All buildings or structures explicitly, the safety subject to this Code shall submit to a commonly accepted rational analysis and shall meet or exceed the minimum requirements stated herein. C. The International g Code, 200 - • •• - • ----.-• - . - - .. • • - •• - / • tr. . " .-. •'i . • 412.2.6 and 412.3.2 through 412.3.5. 44-23.1 De hien• • • • �� -• 1 •- .1•. .- •• •. . .- . :- . •• . • use incidental to the dwelling. -• • . • •••. • . -• -. .• . • •• • • ' ♦ ' _ • . • • :- • - • • • • •• . ' -'• - •- d• - - • a -- : •-- • • •• • • • • • • • • • Type I residential aircraft • - ,• -• -: - ""= ,••• : •• -'• -• - ••-• • •.- : - '•• 1� F\Building Safety\Suzanne\Council 1\2006 CODE ADOPTIONS\RESOLUTIONS AND ORDINANCES\International Building Code Ordinance 2007.doc Town of Oro Valley Attorney's Office/ea/012907 itkor Section 2. All Oro Valley Ordinances, Resolutions, or Motions and parts of Ordinances, Resolutions, or Motions of the Council in conflict with the provisions of this Ordinance are hereby repealed. Section 3. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. PASSED AND ADOPTED by Mayor and Town Council, the Town of Oro Valley, Arizona, this 21st day of February , 2007. TOWN OF ORO VALLEY Paul H. Loomis, Mayor ATTEST: Kathryn E. Cuvelier, Town Clerk ‘imir Date: APPROVED AS TO FORM: Melinda Garrahan, Town Attorney Date: F:\Building Safety\Suzanne\Council 1\2006 CODE ADOPTIONS\RESOLUTIONS AND ORDINANCES\International Building Code Ordinance 2007.doc Town of Oro Valley Attorney's Office/ea/012907 moots ATTACHMENT A TOWN OF ORO VALLEY AMENDMENTS TO THE -void INTERNATIONAL BUILDING CODE 2006 EDITION The following provision of the International Building Code, 2006 Edition, as published by the International Code Council,Inc., is hereby amended as follows: Revise Section 101.1,by inserting text as follows: "...These regulations shall be known as the Building Code of [THE TOWN OF ORO VALLEY, ARIZONA],..." Revise Subsection 101.2.1 as follows: Provisions in the appendices shall not apply unless specifically adopted; THEREFORE, THE FOLLOWING APPENDICES ARE ADOPTED AS PART OF THIS CODE: APPENDIX H SIGNS APPENDIX I PATIO COVERS APPENDIX K ICC ELECTRICAL,2006 EDITION,AS AMENDED Revise Subsection 101.4.1 as follows: 101.4.1 Electrical. The provisions of the ICC Electrical Code NATIONAL ELECTRIC CODE shall -44) apply to the installation of electrical systems, including alterations, repairs, replacement, equipment, appliances, fixtures, fittings and appurtenances thereto. Revise Subsection 101.4.4 as follows: 101.4.4 Plumbing. The provisions of the International Plumbing Code shall apply to the installation, alteration,repair and replacement of plumbing systems, including equipment, appliances, fixtures, fittings and appurtenances, and where connected to a water or sewage system and all aspects of a medical gas system. -- - • .• £ -- - - - • - • 1 - .g- . -I -g-- ;; • : - - Delete Subsection 101.4.6 Fire Prevention. in its entirety and substitute the following new subsection: 101.4.6 FIRE PREVENTION. THE PROVISIONS OF THE INTERNATIONAL FIRE CODE SHALL APPLY WHENEVER REFERENCED IN THIS CODE OR AS DEEMED NECESSARY BY THE BUILDING OFFICIAL. ENFORCEMENT OF THE FIRE CODE SHALL, HOWEVER, BE RELEGATED TO THE FIRE JURISDICTION HAVING AUTHORITY. Add new Subsection 101.4.8 as follows: SECTION 101.4.8 OUTDOOR LIGHTING. THE PROVISIONS OF THE TOWN OF ORO VALLEY OUTDOOR LIGHTING CODE SHALL APPLY TO ALL NEW AND MAJOR ADDITIONS TO LAND USES,DEVELOPMENT,BUILDINGS,AND STRUCTURES. ,, Add new Subsection 101.4.9 as follows: SECTION 101.4.9 POOL AND SPA. THE PROVISIONS OF THE TOWN OF ORO VALLEY POOL/SPA CODE SHALL APPLY TO ALL INSTALLATIONS OF POOLS AND SPAS. Revise Section 104.10 by adding to the end as follows: SECTION 104.10 MODIFICATIONS. REQUESTS FOR MODIFICATION SHALL BE APPEALED TO THE BUILDING OFFICIAL AS FOLLOWS: 1. THE APPLICANT SHALL FILE A WRITTEN APPEAL ON THE FORM PROVIDED BY THE BUILDING OFFICIAL. 2. ADEQUATE INFORMATION SHALL BE PROVIDED BY THE APPLICANT TO FULLY DESCRIBE THE CONDITIONS IN QUESTION. 3. THE APPEAL WILL BE CONSIDERED BY THE BUILDING OFFICIAL WITHIN A REASONABLE TIME PERIOD. 4. IF AN APPEAL IS DENIED BY THE BUILDING OFFICIAL, THE APPELLANT MUST COMPLY WITH THE DECISION OR MAY APPEAL TO THE BOARD OF APPEALS. Revise Section 105.1.1 as follows: 105.1.1 Annual permit. In lieu of an individual permit for each alteration to an already approved electrical, gas, mechanical or plumbing installation, the building official is authorized to issue an annual permit upon application therefore AND APPROVAL FOR STATUS AS A REGISTERED PLANT PER SECTION 105.1.2.1 TO any person, firm or corporation regularly employing one or more qualified Ler trade persons in the building, structure or on the premises owned or operated by the applicant for the permit. Delete Section 105.1.2 Annual permit records. in its entirety and substitute the following new subsections: 105.1.2 REGISTERED PLANTS. 105.1.2.1 DEFINITIONS REGISTERED PLANT: FOR THE PURPOSE OF THIS CODE, A REGISTERED PLANT, IS A PERSON, FIRM, CORPORATION, OR POLITICAL ENTITY ENGAGED IN MANUFACTURING, PROCESSING OR SERVICE WHICH REQUIRES SPECIALIZED BUILDING, UTILITIES AND EQUIPMENT TO THE EXTENT THAT THE PLANT MAINTAINS FULL-TIME QUALIFIED PERSONNEL FOR THE OPERATION AND MAINTENANCE OF SUCH BUILDINGS, UTILITIES AND EQUIPMENT AND WHEN SUCH PLANT HAS COMPLIED WITH ALL THE PROVISIONS OF THIS SECTION. ANNUAL PERMIT: AN OFFICIAL DOCUMENT OR CERTIFICATE ISSUED BY THE AUTHORITY HAVING JURISDICTION WHICH AUTHORIZES PERFORMANCE OF ALTERATIONS TO AN ALREADY APPROVED ELECTRICAL, GAS, MECHANICAL OR PLUMBING INSTALLATION IN ACCORDANCE WITH SECTION 105.1.2.1 OF THIS CODE. QUALIFICATIONS: IN ADDITION TO MEETING THE GENERAL DEFINITION ABOVE, A tilkier REGISTERED PLANT SHALL HAVE IN ITS EMPLOY AN EXPERIENCED ARCHITECT OR ENGINEER REGISTERED IN THE STATE OF ARIZONA WHO SHALL BE DIRECTLY RESPONSIBLE FOR COMPLYING WITH THE SUBSTANTIVE PROVISIONS OF THIS CODE. -quid 105.1.2.2 APPLICATION AND REGISTRATION 105.1.2.3 APPLICATION: TO OBTAIN REGISTRATION, THE APPLICANT SHALL FIRST FILE AN APPLICATION RPOSE�EVERYTING ON A SUCH PPL CAT ON SHALL CONTAIN:FURNISHED BY THE BUILDING OFFICIAL FOR THAT A. THE NAME OF THE PLANT FOR WHICH REGISTRATION IS REQUESTED. B. A DESCRIPTION OF THE PROPERTY TO BE INCLUDED UNDER REGISTRATION BY ADDRESS AND OTHER DESCRIPTION THAT WILL READILY IDENTIFY AND DEFI1vITELY LOCATE THE BUILDINGS AND STRUCTURES TO BE INCLUDED UNDER THE REGISTRATION. C. THE NAME OF THE INDIVIDUAL WHO HAS THE AUTHORITY TO ACT ON BEHALF OF THE PLANT OWNER(S). D. THE STATE OF ARIZONA REGISTRATION NUMBER AND THE NAME AND A COMPLETE RESUME OF THE REGISTERED ARCHITECT OR ENGINEER WHO WILL BE RESPONSIBLE FOR THE WORK DONE UNDER THE REGISTRATION. E. THE REQUIRED CATEGORICAL INFORMATION MUST BE UPDATED AND SUBMITTED ANNUALLY TO THE BUILDING OFFICIAL ON OR BEFORE DECEMBER 31ST. ANY CHANGES OR BE REPOR ED TO THE BUI D NG OFFICIAL A RESPONSIBLE INREGISTRANT MUSTTIMELYNiad MANNER. APPROPRIATE ACTION SHALL BE TAKEN BY THE BUILDING OFFICIAL ON SUCH APPLICATION AND THE APPLICANT SHALL BE NOTIFIED ACCORDINGLY. IF THE APPLICATION IS APPISAPPROVEDEALS ASISION TO THE BOARD OF PROVIDEDED FOR IN SECTION 112 OF HIS CODE. 105.1.2.4 REGISTRATION FEES AND RENEWAL: EVERY APPLICANT FOR REGISTRATION SHALL PAY AN ANNUAL FEE AS ESTABLISHED IN THE TOWN OF ORO VALLEY BUILDING AND FIRE PERMIT FEES. SUCH INITIAL FEE MAY BE MONTHLY PRORATED TO THE EXPIRATION DATE. REGISTRATIONS SHALL EXPIRE ON DECEMBER 31ST OF EACH YEAR. REGISTRATIONS MAY BE RENEWED EACH YEAR BY PAYMENT OF THE FEE FOR A NEW ANNUAL PERMIT ON OR BEFORE DECEMBER 31ST . THE FEE SHALL BEEXPIRATIIF OE N PPLICATION A PERMIT ISDISAPPROVED. BE VCONSIDEREDRA PERFORMED AFTER VIOLATION OF THIS CODE. 105.1.2.5 VALIDITY OF REGISTRATION: REGISTRATION SHALL BE VALID ONLY AS LONG AS THE NAMED ARCHITECT OR ENGINEER REMAINS IN THE EMPLOY OF THE REGISTERED PLANT IN AN ACTIVE AND FULL TIME CAPACITY OR IN A CONTINUED CAPACITY ON A RETAINER BASIS. IF THE REGISTERED ARCHITECT OR ENGINEER SHOULD LEAVE THE EMPLOY OF THE REGISTRANT, REGISTRATION IS SUSPENDED UNTIL ANOTHER REGISTERED DONE UNDER THE REGISTRATION. THE BUI voidLRESPONSIBILITY FORDING OFFICIAL SHALL BE NOTIFIED OF THE CHANGE AND THE NEW REGISTERED ARCHITECT OR ENGINEER SHALL SUBMIT A COMPLETE RESUME TO BE CONSIDERED FOR APPROVAL BY THE BUILDING OFFICIAL. THE REGISTRANT SHALL NOTIFY THE BUILDING OFFICIAL IMMEDIATELY AND SHALL CALL FOR INSPECTION OF ANY WORK IN PROGRESS IN ACCORDANCE WITH SECTION 109. BEFORE ANY NEW WORK COMMENCES WHILE REGISTRATION IS INVALID OR SUSPENDED, ALL APPROPRIATE FEES SHALL BE PAID AND PERMITS AND INSPECTIONS SHALL BE OBTAINED PURSUANT TO THIS CHAPTER. 105.1.2.6 REVOCATION OF REGISTRATION 105.1.2.6.1 AUTHORITY. THE BUILDING OFFICIAL MAY SUSPEND OR REVOKE A REGISTRATION WHEN THE REGISTRANT FAILS TO COMPLY WITH ANY OF THE REGISTRATION RESPONSIBILITIES OR FOR VIOLATION OF ANY PROVISION OF THIS CODE. 105.1.2.6.2 PROCEDURE. WHEN THE BUILDING OFFICIAL DEEMS THAT THE REGISTRATION SHALL BE SUSPENDED OR REVOKED, THE PROCEDURE SHALL BE AS FOLLOWS: 1. THE REGISTRANT SHALL BE NOTIFIED IN WRITING, BY CERTIFIED MAIL, AT LEAST SEVEN DAYS PRIOR TO SUSPENSION OR REVOCATION. 2. UPON RECEIPT OF THE NOTICE, THE REGISTRANT MAY REQUEST A HEARING. SUCH REQUEST SHALL BE IN WRITING TO THE BUILDING OFFICIAL WITHIN SEVEN DAYS OF RECEIPT OF NOTICE. 3. IF A HEARING IS REQUESTED BY THE REGISTRANT, THE BUILDING OFFICIAL SHALL SET A TIME,DATE,AND PLACE AND SO NOTIFY THE REGISTRANT. 4. WHEN A HEARING IS CONDUCTED, THE REGISTRANT AND OTHER INTERESTED PARTIES MAY BE IN ATTENDANCE. UPON COMPLETION OF THE HEARING, THE BUILDING OFFICIAL SHALL TAKE ALL EVIDENCE SUBMITTED UNDER ADVISEMENT AND SHALL NOTIFY THE REGISTRANT OF HIS FINDINGS IN WRITING, BY CERTIFIED MAIL. 5. IF THE DECISION RENDERED BY THE BUILDING OFFICIAL IS ADVERSE TO THE REGISTRANT, THE REGISTRANT MAY APPEAL THE DECISION TO THE BOARD OF APPEALS IN THE MANNER PROVIDED IN SEC. 112 OF THIS CODE AS AMENDED BY THE TOWN OF ORO VALLEY. 105.1.2.7 WORK REPORT AND INSPECTIONS. 105.1.2.7.1 A SUMMARY REPORT OF ALL WORK DONE AS AN APPROVED REGISTERED PLANT UNDER AN ANNUAL PERMIT SHALL BE PREPARED BY THE REGISTERED ARCHITECT OR ENGINEER AND SUBMITTED ANNUALLY TO THE BUILDING OFFICIAL. PLANS OR WORKING DRAWINGS FOR ALTERATIONS TO BUILDINGS OR UTILITIES COVERED BY THE CODE NEED NOT BE SUBMITTED FOR APPROVAL, EXCEPT FOR THOSE CONDITIONS LISTED BELOW. PLANS SUBMITTED PURSUANT TO THIS SECTION AND AS REQUIRED IN SECTION 105.1.2.7.2 BELOW, SHALL BE REVIEWED AND APPROVED AND INSPECTION OF THE WORK SHALL BE CONDUCTED REPRESENTATIVES THE BUILDING OFFICIAL OR AUTHORIZEDTIVES AS SET FORTH INES MUST BE APPLICABLE BUILDING PER THIS CODE AND MIT AND PLAN REVIEW FE PAID BY THE APPLICANT. THE REGISTRANT MAY REQUEST A PLAN REVIEW OR UNDER THIS OF ANY WORK PERFORMEDIS SECTION BUT ALL APPLICABLE BUILDING PERMIT AND PLAN REVIEW FEES MUST BE PAID BY THE APPLICANT. 105.1.2.7.2 PLANS SHALL BE SUBMITTED TO THE JURISDICTION FOR PERMIT, PLAN REVIEW AND INSPECTION FOR WORK WHICH: 1. CREATES A DIFFERENT OCCUPANCY CLASSIFICATION, AS DEFINED IN IBC CHAPTER 3 FOR ALL OR ANY PORTION OF THE BUILDING. 2. CREATES A DIFFERENT BUILDING CONSTRUCTION TYPE AS DEFINED IN IBC CHAPTER 6 FOR ALL OR ANY PORTION OF THE BUILDING. 3. CREATES NEW ROOMS OR INCREASES THE SIZE OR USE OF EXISTING ROOMS. 4. ADDS NEW ELECTRICAL SERVICES, NEW MECHANICAL EQUIPMENT OR EXISTING SYSTEMS SYSTEMS OR EXTENSIONS OF SYSTEMS, NEW PLUMBING CAL AND/OR IN EXCESS OF 7% OF THE EXISTING PLUMBING, MECHANI ELECTRICAL SYSTEMS. ED FIRE WALLS FOR AREA OR PENETRATES REQUIRED 5. ADDS, ALTERS, REMOVES OR WALL SEPARATION, OCCUPANCY SEPARATION OR EXTERI CONSTRUCTION. OR PENETRATES EXITS, CORRIDORS, OR EGRESS Nod 6. ADDS, ALTERS, REMOVES COURTS AS DEFINED IN IBC CHAPTER 10. EXCEPTION: EXIT DOORS MAY BE REMOVED FROM EXIT COURTS, ADDED, MOVED OR OR PASSAGEWAYS WHEN AN APPROPRIATE FIRE RATED DOOR(S) IS INSTALLED OR OPENING PROTECTIONS MAINTAINED IN ACCORDANCE WITH THE FIRE RESISTIVE REQUIREMENTS. S TO THE FIRE PROTECTION PROVIDE FOR ALTERATION TION SYSTEM WHICH CONSTITUTES MOVING MORE THAN FIVE SPRINKLER HEADS OR CAUSES AN INCREASED DEMAND ON THE EXISTING FIRE SYSTEM. 8. MODIFY LOAD BEARING STRUCTURES OR ADD ADDITIONAL LOADS TO THE EXISTING STRUCTURAL MEMBERS. ED ACCESSIBILITY COMPONENTS ALTERS EXISTING DISABL OR ROUTES ORQ CREATES THE REQUIREMENT FOR AN ADDITIONAL ACCESSIBLE ROUTE OR COMPONENTS. THESE PLANS HAVE BEEN COMMENCE UNTIL CONSTRUCTION SHALL NOT REVIEWED AND APPROVED BY THE BUILDING SAFETY DIVISION AND A PERMIT HAS BEEN ISSUED. ON PLANS AND SPECIFICATIONS. SUBMITTAL 105.1.2.8 INFORMATION REQUIREDAL BUILDING DOCUMENTS SHALL COMPLY WITH CHAPTER 1 OF THE INTERNATION CODE. THE FIRST SHEET OF EACH SET OF PLANS SHALL GIVE THE BUILDING AND Stow STREET ADDRESS OF THE WORK AND THE NAME AND ADDRESS OF THE OWNER AND PERSON WHO PREPARED THEM. THE SEAL OF THE ENGINEERS) OR ARCHITECTS) RESPONSIBLE FOR THE PREPARATION OF SUCH DRAWINGS, CALCULATIONS AND SPECIFICATIONS SHALL BE STAMPED ON EACH DRAWING AND SIGNATURE AFFIXED THERETO. THE BUILDING OFFICIAL MAY FURTHER REQUIRE THAT PLANS FOR NEW CONSTRUCTION SHALL INDICATE EXISTING AND FINISHED GRADE ELEVATIONS BASED ON GOVERNMENTAL DATA WITH EXISTING AND FINISHED DRAINAGE FLOW PATTERNS. REMODELS AND ADDITIONS TO BUILDINGS SHALL INCLUDE EXISTING FLOOR PLANS AND PROPOSED NEW FLOOR PLANS. 105.1.2.9 DOCUMENTATION FOR COMPUTER CALCULATION SUBMITTALS. THE FOLLOWING DOCUMENTATION SHALL BE FURNISHED. 1. THE NAME OF THE PROJECT, SEAL, AND SIGNATURE OF THE RESPONSIBLE ARCHITECT OR ENGINEER ON THE COVER SHEET AND INDEX SHEET OF BOUND CALCULATIONS AND SPECIFICATIONS. 2. A SYNOPSIS OF THE COMPUTER PROGRAM(S) STATING BRIEFLY, REQUIRED INPUT, METHOD OF SOLUTION, APPROXiMATION5 USED, SECOND-ORDER ANALYSES INCORPORATED, CODES USED, CASES CONSIDERED, OUTPUT GENERATED, EXTENT OF PREVIOUS USAGE OR CERTIFICATION OF THE PROGRAM(S) AND PROGRAM AUTHOR(S). MACRO-FLOW CHART(S) MAY BE USED TO SUPPLEMENT DESCRIPTION OF SOLUTION PROCESS IF DESIRED. Ntisor 3. IDENTIFICATION BY NUMBER, INDEXING AND CROSS-REFERENCING OF ALL CALCULATION SHEETS INCLUDING SUPPLEMENTAL LONGHAND CALCULATION SHEETS. 4. FULLY IDENTIFIED, DIMENSIONED, AND ANNOTATED DIAGRAMS OF EACH MEMBER OR STRUCTURE BEING CONSIDERED. 5. CLEAR IDENTIFICATION AND PRINTING OF ALL INPUT AND OUTPUT VALUES WHEN REQUESTED BY THE BUILDING OFFICIAL. 6. IDENTIFICATION OF THE PROCESSING UNIT, INPUT/OUTPUT DEVICES, STORAGE REQUIREMENTS AND SUPPLEMENTAL INFORMATION NECESSARY FOR EVALUATION. Revise Section 105.2 and add two items as follows: 105.2 Work exempt from permit. Building: 1. One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided the floor area does not exceed 120 square feet (11 m2). ANY ELECTRICAL, PLUMBING, OR MECHANICAL PORTIONS OF A STRUCTURE UNDER THIS SECTION WILL REQUIRE A BUILDING PERMIT. 14. ANY WORK ACCOMPLISHED UNDER THE AUSPICES OF AND OWNED AND CONTROLLED BY THE UNITED STATES OF AMERICA OR THE STATE OF ARIZONA. 15. RE-ROOFING OF WEATHER RESISTANT ELEMENT ONLY OF EXISTING BUILDINGS WITH SIMILAR MATERIALS AND DEAD LOADS REGARDLESS OF VALUE. Add a new item to Section 105.3 as follows: 105.3 Application for Permit. 8. IDENTIFY THE NAME OF THE PERSON OR CONTRACTOR WHO WILL PERFORM THE WORK. WHEN A LICENSED CONTRACTOR IS REQUIRED BY A.R.S., IDENTIFY THE STATE LICENSE NUMBER AND TOWN OF ORO VALLEY LICENSE NUMBER OF ALL THE CONTRACTORS AND SUBCONTRACTORS Revise Subsection 105.3.2 as follows: 105.3PP .2 Time limitation of application. An application for a permit for any proposed work shall be deemed to have been abandoned AND SHALL BE EXPIRED 180 days after the date of filing, unless such application has been pursued in good faith or a permit has been issued; except that the building pp official is authorized to grant one or more extensions of time for additional periods not exceeding 90 days each. The extension shall be requested in writing and justifiable cause demonstrated. THE REQUEST FOR EXTENSION SHALL BE MADE PRIOR TO EXPIRATION. AN EXTENSION SHALL NOT BE GRANTED IF THIS CODE OR ANY OTHER PERTINENT LAWS OR ORDINANCES HAVE BEEN AMENDED SUBSEQUENT TO THE DATE OF APPLICATION. IN ORDER TO RENEW ACTION ON AN APPLICATION AFTER EXPIRATION, THE APPLICANT SHALL RE-SUBMIT PLANS AND PAY A NEW PLAN REVIEW FEE. Revise Section 105.5 as follows: 105.5Expiration.Ex irationEverypermit issued shall become invalid unless the work on the site authorized by permit is commenced within 180 days after its issuance, or if the work authorized on the site by such such work is commenced. The permit is suspended or abandoned for a period of 180 days after the time the . buildingofficial is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each ON UNEXPIRED PERMITS. The extension shall be requested in writing and cause demonstrated. BEFORE WORK justifiableDEEMED TO HAVE EXPIRED CAN BE RECOMMENCED, A NEW PERMIT SHALL BE FIRST OBTAINED TO DO SO, AND THE FEE THEREFORE SHALL BE ONE HALF THE AMOUNT REQUIRED FOR A NEW PERMIT FORWORK; SUCH PROVIDED NO CHANGES HAVE BEEN MADE TO THE ORIGINALLY APPROVED CONSTRUCTION DOCUMENTS FOR SUCH WORK; AND PROVIDED FURTHER THAT SUCH SUSPENSION OR ABANDONMENT HAS NOT EXCEEDED ONE YEAR. IF THE PERMIT HAS BEEN EXPIRED OR ABANDONDED FOR A PERIOD OF ONE YEAR OR MORE, THE COST FOR RENEWAL SHALL BE AS REQUIRED FOR A NEW PERMIT. Revise Subsection 106.3.4.2, second paragraph as follows: 106.3. 4.2 Deferred Submittals. Deferral of any submittal items shall have the prior approval of the building official. registereddesign professional The in responsible charge shall list the deferred submittals on the construction documents for review by the building official. DEFERRED SUBMITTALS SHALNodL BE ASSESSED A SEPARATE PLAN REVIEW FEE BASED UPON THE HOURLY RATE IN ESTABLISHED IN THE TOWN OF ORO VALLEY BUILDING AND FIRE PERMIT Silly FEES,FOOTNOTE 4. Add new Section 106.6 as follows: 106.6 ELECTRONIC CONSTRUCTION DOCUMENTS. A FULL SET OF APPROVED CONSTRUCTION DOCUMENTS, INCLUDING ANY AS-BUILT CONSTRUCTION DOCUMENTS, SHALL BE PROVIDED AS AN ELECTRONIC FILE. THE ELECTRONIC FILE SHALL BE A PORTABLE DOCUMENT FORMAT (PDF) AND STORED ON A CD-ROM DISK. ELECTRONIC CONSTRUCTION DOCUMENTS WHALL BE SUBMITTED PRIOR TO CERTIFICATE OF OCCUPANCY ISSUANCE. Revise Section 108.2 as follows: 108.2 Schedule of permit fees. On buildings, structures, electrical, gas, mechanical, and plumbing systems or alterations requiring a permit, a fee for each permit shall be paid as required, in accordance with the ---: . - . - . . • --: = -- :: ---•-: • . .: TOWN OF ORO VALLEY BUILDING VALUATION DATA SCHEDULE AND FEE SCHEDULES AS ESTABLISHED BY THE TOWN OF ORO VALLEY. PLAN REVIEW FEES SHALL BE 65% OF THE PERMIT FEE AND SHALL BE PAID AT THE TIME OF APPLICATION. Revised Section 108.3 in its entirety and replace as follows: 108.3 Building permit valuations. THE APPLICANT FOR A PERMIT SHALL PROVIDE AN ESTIMATED PERMIT VALUE AT TIME OF APPLICATION. PERMIT VALUATIONS SHALL INCLUDE TOTAL VALUE OF THE WORK FOR WHICH A PERMIT IS BEING Slier ISSUED, SUCH AS ELECTRICAL, GAS, MECHANICAL, PLUMBING EQUIPMENT AND OTHER PERMANENT SYSTEMS, INCLUDING MATERIALS AND LABOR. THE FINAL PERMIT VALUATION SHALL BE DETERMINED BY TOWN OF ORO VALLEY BUILDING VALUATION DATA SCHEDULE AND FEE SCHEDULES AS ESTABLISHED BY THE TOWN OF ORO VALLEY. Revise Section.108.4 as follows: 108.4 Work commencing before permit issuance. Any person who commences any work on a building, structure, electrical, gas, mechanical, or plumbing system before obtaining the necessary permits shall be subject to a fee established by the building official that shall be in addition to the required permit fees. THIS FEE SHALL BE EQUAL TO THE AMOUNT OF THE PERMIT FEE REQUIRED BY THE ADOPTED FEE SCHEDULE. THE PAYMENT OF SUCH FEE SHALL NOT EXEMPT AN APPLICANT FROM COMPLIANCE WITH ALL OTHER PROVISIONS OF THIS CODE AND/OR OTHER ORDINANCES AND REQUIREMENTS NOR FROM ANY PENALTIES PRESCRIBED BY LAW. FINAL BUILDING PERMIT VALUATION SHALL BE SET BY THE BUILDING OFFICIAL. Revise Section 108.6 as follows: 108.6 Refunds. The building official is authorized to establish a refund policy. SHALL BE PERMITTED TO AUTHORIZE REFUNDING OF A FEE PAID HEREUNDER WHICH WAS ERRONEOUSLY PAID OR COLLECTED. THE BUILDING OFFICIAL SHALL BE PERMITTED TO AUTHORIZE REFUNDING OF NOT MORE THAN 80 PERCENT OF THE PERMIT FEE PAID WHEN NO WORK HAS BEEN DONE UNDER A PERMIT ISSUED IN ACCORDANCE WITH THIS CODE AND THE PERMIT HAS NOT EXPIRED. THE BUILDING OFFICIAL SHALL BE PERMITTED TO AUTHORIZE REFUNDING OF NOTEE PAID WHEN AN APPLICATION OF THE PLAN REVIEW F MORE THAN 80 PERCENT FOR A PERMIT FOR WHICH A PLAN REVIEW FEE HAS BEEN PAID IS WITHDRAWN OR CANCELLED BEFORE ANY EXAMINATION TIME HAS BEEN EXPENDED, AND THE APPLICATION HAS NOT EXPIRED. NOT BE PERMITTED TO AUTHORIZE BUILDING OFFICIAL SHALL REFUNDING OFTHE ORIGINAL ANY FEE PAID EXCEPT UPON WRITTEN APPLICATION FILED BY PERMITTEE. Revise Section 110.1 as follows: in or structure shall be used, occupied, OR FURNISHED IN 110.1 Use and occupancy. No building and no change in the existing occupancy classification of a building or structure WHOLE OR IN PART, orportion thereof be made until the building official has issued a certificate of occupancy p y therefore as p certificate of occupancyshall not be construed as an approval of a violation provided herein. Issuance of a PRESUMING of this code or of other ordinances of thejurisdiction. CERTIFICATES of the provisions TO GIVE AUTHORITY TO VIOLATE OR CANCEL THE PROVISIONS OF THIS CODE OR OF OTHER ORDINANCES OF THE JURISDICTION SHALL NOT BE VALID. c HATTER <1 Revise Section 201.4 as follows: • terms are not defined through the methods authorized by this Section 201.4 Terms not defined. Where � s, Where terms are section, such terms i shall have ordinarily accepted meanings such as the context mplie authorized bythis section, such terms shall have ordinarily accepted not defined through the methods DICTIONARY, 11TH meanings such as the context implies.MERRIAM WEBSTER'S COLLEGIATE EDITION, SHALL BE CONSIDERED AS PROVIDING ORDINARILY ACCEPTED MEANINGS. CHAPTER 3 Revise Section 308.2 as follows: include buildings, structures or parts thereof housing more than 308.2 Group I-1. This occupancy shallg reasons, live in a on a 24-hour basis, who because of age, mental disability or other -1-6 10 persons, . supervisory care services. The occupants are capable of responding residential environment that provides sup ry 1 include, but not be situation without physical assistance from staff. This group shat to an emergency limited to,the following: Residential board and care facilities Assisted living centers Halfway houses Group homes Congregate care facilities Social rehabilitation facilities Alcohol and drug abuse centers Convalescent facilities lifty A facility such as the above with five TEN or fewer persons shall be classified as a Group R 3 R-4 CONDITION 1 or shall comply with the International Residential Code in accordance with Section 101.2 a . . - •- • - • -. -. ._. - .- - -. Group R 4. WHERE THE BUILDING IS IN COMPLIANCE WITH SECTION 419 OF THIS CODE. Revise Section 308.3 as follows: 308.3 Group I-2. This occupancy shall include buildings and structures used for medical, surgical, psychiatric,nursing,Of custodial, personal, OR DIRECTED CARE on a 24-hour basis of more than five persons who are not capable of self-preservation BY RESPONDING TO AN EMERGENCY SITUATION WITHOUT PHYSICAL ASSISTANCE FROM STAFF. This group shall include, but not be limited to, the following: Hospitals Nursing homes (both intermediate-care facilities and skilled nursing facilities) Mental hospitals Detoxification facilities A facility such as the above with five or fewer persons shall be classified as Group R-3 or shall comply with the International Residential Code in accordance with Section 101.2. THIS OCCUPANCY SHALL ALSO INCLUDE BUILDINGS AND STRUCTURES USED FOR ASSISTED LIVING HOMES PROVIDING SUPERVISORY, PERSONAL, OR DIRECTED CARE ON A 24-HR BASIS OF MORE THAN 10 PERSONS WHO ARE NOT CAPABLE OF SELF-PRESERVATION BY RESPONDING TO AN EMERGENCY SITUATION WITHOUT PHYSICAL ASSISTANCE FROM STAFF. A FACILITY SUCH AS THE ABOVE WITH TEN OR FEWER PERSONS SHALL BE CLASSIFIED AS R-4 CONDITION 2. Revise Section 310.1 by adding the following two subsections: 310.1.1 CONDITION 1. THIS OCCUPANCY CONDITION SHALL INCLUDE FACILITIES LICENSED TO PROVIDE SUPERVISORY CARE SERVICES, IN WHICH OCCUPANTS ARE CAPABLE OF SELF PRESERVATION BY RESPONDING TO AN EMERGENCY SITUATION WITHOUT PHYSICAL ASSISTANCE FROM STAFF. CONDITION 1 FACILITIES HOUSING MORE THAN 10 PERSONS SHALL BE CLASSIFIED AS A GROUP I-1. 310.1.2 CONDITION 2. THIS OCCUPANCY CONDITION SHALL INCLUDE FACILITIES LICENSED TO PROVIDE PERSONAL OR DIRECTED CARE SERVICES, IN WHICH OCCUPANTS ARE INCAPABLE OF SELF PRESERVATION BY RESPONDING TO AN EMERGENCY WITHOUT PHYSICAL ASSISTANCE FROM STAFF. CONDITION 2 FACILITIES HOUSING MORE THAN 10 PERSONS SHALL BE CLASSIFIED AS GROUP I-2. R-4 OCCUPANCIES SHALL MEET THE REQUIREMENTS FOR CONSTRUCTION AS DEFINED IN GROUP R-3 EXCEPT AS OTHERWISE PROVIDED FOR IN THIS CODE, AND SECTION 419 OR SHALL COMPLY WITH THE INTERNATIONAL RESIDENTIAL CODE IN ACCORDANCE WITH SECTION 101.2 WHERE THE BUILDING IS IN COMPLIANCE WITH SECTION 419 OF THIS CODE Revise Section 310.1. Subsection R-4 as follows: ed for occupancy as residential care/assisted R-4. Residential occupancies shall include buildingsarran g living homes includingnot more than 4-610 occupants,excluding staff. ,1100 (balance of section to remain unchanged). Delete the definitions in Section 310.2 in their entirety and substitute with the following: PERSONAL CARE SERVICE. ASSISTANCE WITH ACTIVITIES OF DAILY LIVING THAT WITHOUT PROFESSIONAL BE PERFORMED BY PERSONSSIONAL SKILLS ORROVISION OF TRAINING AND INCLUDES THE PROFESSIONAL COORDINATION OR P INTERMITTENT NURSING SERVICES AND THE ADMINISTRATION OF MEDICATIONS AND TREATMENTS. ING PERSONAL CARE OF RESIDENTS, INCLUDING DIRECTED CARE SERVICE. CARE SERVICES, WHO ARE INCAPABLE OF RECOGNIZING DANGER, SUMMONING ASSISTANCE,EXPRESSING NEED, OR MAKING BASIC CARE DECISIONS. SUPERVISORY CARE SERVICE. GENERAL SUPERVISION, INCLUDING DAILY AWARENESS OF RESIDENT FUNCTIONING AND CONTINUING NEEDS. LIVING HOME. A BUILDING OR PART THEREOF RESIDENTIAL CARE/ASSISTED 24-HOUR BASIS, HOUSING A MAXIMUM OF 10 PERSONS, EXCLUDING STAFF, ON A DISABILITY OR OTHER BECAUSE OF AGE, MENTAL REASONS, LIVE IN ASUPERVISORY, SUPERVISED RESIDENTIAL ENVIRONMENT WHICH PROVIDES THIS CLASSIFICATION PERSONAL, OR DIRECTED SERVICES. SHALL INCLUDE, BUTRESIDENTIAL BOARD AND CARE THE FOLLOWING: NOT BE LIMITED TO, FACILITIES, ASSISTED LIVING HOMES, HALFWAY HOUSES, GROUP HOMES, SOCIAL REHABILITATION FACILITIES, ALCOHOL CARE FACILITIES, ,,,,� CONGREGATEFACILITIES. AND DRUG ABUSE CENTERS AND CONVALESCENT ''...<v":r `' id's, Revise sections 412.3,412.3.1 and 412.6 as follows: • 1 RResidential aircraft hangars as defined in Section 412.3.1 412.3 Residential aircraft hangars.TYPE AIRCRAFT 412.3.2 through 412.3.6. shall comply with SectionsTYPE II RESIDENTIAL g HANGERS AS DEFINED IN SECTION 412.3.1 SHALL COMPLY WITH SECTIONS 412.2.1 THROUGH 412.2.6 AND 412.3.2 THROUGH 412.3.5. 412.3.1 Definition. The following word and term shall, for the purposes of this chapter and as used elsewhere in this code,have the meaning shown herein. TYPE I. An accessory building less than 2,000 square feet RESIDENTIAL AIRCRAFT HANGAR, two-family residential and 20 feet (6096 mm) OR LESS in height, constructed on a one- or tw y(186 m) here aircraft are stored. Such use will be considered as a residential accessory use incidental to property w the dwelling. TYPE II. A DETACHED ACCESSORY BUILDING RESIDENTIAL AIRCRAFT HANGAR, � (6096 IN (186 M OR GREATER THAN 20 FEETMM) GREATER THAN 2,000 SQUARE FEET ) A ONE- OR TWO- HEIGHT, CONSTRUCTED ONFAMILY RESIDENTIAL PROPERTYCONSIDERED AS A WHERE AIRCRAFT ARE STORED. SUCH USE WILL BE RESIDENTIANsidL ACCESSORY USE INCIDENTAL TO THE DWELLING. 412.3.6 Height and area limits. TYPE I Residential aircraft hangars shall not exceed 2,000 square feet riitow (186 m2 ) in area and 20 feet (6096 mm) in height. TYPE II RESIDENTIAL AIRCRAFT HANGERS SHALL NOT EXCEED THE HEIGHT AND AREA LIMITATIONS OF SECTION 503. Add new Section 421 as follows: 421 RESIDENTIAL CARE/ASSISTED LIVING HOMES 421.1 APPLICABILITY. THE PROVISIONS OF THIS SECTION SHALL APPLY TO A BUILDING OR PART THEREOF HOUSING NOT MORE THAN 10 PERSONS, EXCLUDING STAFF, ON A 24-HOUR BASIS, WHO BECAUSE OF AGE, MENTAL DISABILITY OR OTHER REASONS, LIVE IN A SUPERVISED RESIDENTIAL ENVIRONMENT WHICH PROVIDES LICENSED CARE SERVICES. EXCEPT AS SPECIFICALLY REQUIRED BY THIS DIVISION, R-4 OCCUPANCIES SHALL MEET ALL APPLICABLE PROVISIONS OF GROUP R-3. 421.2 GENERAL. BUILDINGS OR PORTIONS OF BUILDINGS CLASSIFIED AS R-4 OCCUPANCIES SHALL MEET ALL THE APPLICABLE PROVISIONS OF GROUP R-3, MAY BE CONSTRUCTED OF ANY MATERIALS ALLOWED BY THIS CODE, SHALL NOT EXCEED TWO STORIES IN HEIGHT NOR BE LOCATED ABOVE THE SECOND STORY IN ANY BUILDING, AND SHALL NOT EXCEED 2000 SQUARE FEET ABOVE THE FIRST STORY EXCEPT AS PROVIDED IN SECTION 506. 421.3 SPECIAL PROVISIONS. R-4 OCCUPANCIES HAVING MORE THAN 2000 SQUARE FEET OF FLOOR AREA ABOVE THE FIRST FLOOR SHALL BE OF NOT LESS THAN ONE- HOUR FIRE-RESISTIVE CONSTRUCTION THROUGHOUT. 421.3.1 MIXED USES. R-4 OCCUPANCIES SHALL BE SEPARATED FROM OTHER USES AS PROVIDED IN TABLE 302.3.2. 421.4 ACCESS AND MEANS OF EGRESS FACILITIES. 421.4.1 ACCESSIBILITY. R-4 OCCUPANCIES SHALL BE PROVIDED WITH AT LEAST ONE ACCESSIBLE ROUTE PER THE ARIZONANS WITH DISABILITIES ACT. SLEEPING ROOMS AND ASSOCIATED TOILETS SHALL BE ACCESSIBLE. EXCEPTION: EXISTING BUILDINGS SHALL COMPLY WITH SECTION 3409. BATHING AND TOILET FACILITIES NEED NOT BE MADE ACCESSIBLE, BUT SHALL BE PROVIDED WITH GRAB BARS IN ACCORDANCE WITH ICC/ANSI A 117.1. 421.4.2 EXITS 421.4.2.1 NUMBER OF EXITS. EVERY STORY, BASEMENT, OR PORTION THEREOF SHALL HAVE NOT LESS THAN TWO EXITS EXCEPTION: BASEMENTS AND STORIES ABOVE THE FIRST FLOOR CONTAINING NO SLEEPING ROOMS MAY HAVE ONE MEANS OF EGRESS AS PROVIDED IN CHAPTER 10. 421.4.2.2 DISTANCE TO EXITS. THE MAXIMUM TRAVEL DISTANCE SHALL COMPLY WITH SECTION 1004, EXCEPT THAT THE MAXIMUM TRAVEL DISTANCE FROM THE CENTER POINT OF ANY SLEEPING ROOM TO AN EXIT SHALL NOT EXCEED 75 FEET. EXIT ILLUMINATION. IN THE EMERGENCY EVENT OF A POWER FAILURE, EXIT ILLUMINATION SHALL BE AUTOMATICALLY PROVIDED FROM AN EMERGENCY SYSTEM POWERENodD BY STORAGE BATTERIES OR AN ONSITE GENERATOR SET INSTALLED IN ACCORDANCE WITH THE ICC ELECTRIC CODE. 421.4.2.4 EMERGENCY ESCAPE AND RESCUE. R-4 OCCUPANCIES SHALL COMPLY WITH THE REQUIREMENTS OF SECTION 1025, EXCEPT THAT EXCEPTION 1 TO SECTION 1025.1 DOES NOT APPLY TO R-4 OCCUPANCIES. EGRESS LOCKS. IN R-4 CONDITION DELAYEDTION 2 OCCUPANCIES, DELAYED EGRESS LOCKS SHALL BE PERMITTED IN ACCORDANCE WITH SECTIONS 1008.1.3.4 AND 1008.1.8.6,ITEMS 1, 2,4, 5 AND 6. 421.5 SMOKE DETECTORS AND SPRINKLER SYSTEMS ROOMS AND HALLWAYS IN R-4 ALARMS. ALL HABITABLE 421.5.1 SMOKE OCCUPANCIES SHALL BE PROVIDED WITH SMOKE ALARMS INSTALLED IN ACCORDANCE WITH SECTION 907.2.10. 421.5.2 SPRINKLER SYSTEMS. R-4 OCCUPANCIES SHALL BE PROVIDED WITH A SPRINKLER SYSTEM INSTALLED IN ACCORDANCE WITH SECTION 903.2.14. CHAPTER 5 Add the following paragraph to the end of Section 507.3 as follows: IN OTHER OCCUPANCIES, WITHOUT GROUP H FIRE •.,I PROVIDED THAT SUCH OCCUPANCIES AREAS, DO NOT OCCUPY MORE THAN 10 PERCENT OF THE AREA OF ANY FLOOR OF A BUILDING, NOR MORE THAN THE TABULAR VALUES PERMITTED IN THE OCCUPANCY BY TABLE 503 FOR SUCH OCCUPANCY. Add the following paragraph to the end of Section 507.4 as follows SUCH BUILDINGS MAY CONTAIN OTHER OCCUPANCIES, WITHOUT H FIRE AREAS, PROVIDED THAT SUCH OCCUPANCIES DO NOT OCCUPY MORE THAN 10 PERCENT OF THE AREA OF ANY FLOOR OF A BUILDING,NOR MORE THAN THE TABULAR VALUES PERMITTED IN THE OCCUPANCY BY TABLE 503 FOR SUCH OCCUPANCY. EXCEPTION: GROUP H FIRE AREAS AS PERMITTED BY SECTION 507.6. (13 ATTER 9 Revise Section 903.2. as follows: 903.2 Where required. Approved A d automatic sprinkler systems in new buildings and structures shall be p provided •- -- ,. ':- :- - --: •- -' -_ ':-. THROUGHOUT ALL GROUP A, B,E,F,H, I,M, - R, AND S OCCUPANCIES FOR EVERY FACILITY, BUILDING OR PORTION OF A BUILDING HEREAFTER CONSTRUCTED WITHIN OR MOVED INTO THE JURISDICTION. APPROVED AUTOMATIC SPRINKLER SYSTEMS SHALL BE PROVIDED THROUGHOUT ALL ONE- AND TWO-FAMILY DWELLINGS AND TOWNHOUSES USED AS MODEL kkoor HOMES WITH SALES OR CONSTRUCTION OFFICES, AND ONE- AND TWO-FAMILY DWELLINGS AND TOWNHOUSES WHICH EXCEED 3,600 SQUARE FEET IN FIRE-FLOW CALCULATION AREA, IN ACCORDANCE WITH THE INTERNATIONAL FIRE CODE, HEREAFTER CONSTRUCTED WITHIN OR MOVED INTO THE JURISDICTION. Exception: (Unchanged) Revise 903.2.1 Group A by deleting in its entirety and reserving the numbering. Revise 903.2.2 Group E by deleting in its entirety and reserving the numbering. Revise 903.2.3 Group F-1 by deleting_in its entirety and reserving the numbering. Revise 903.2.4 Group H by deleting in its entirety and reserving the numbering: Revise 903.2.5 Group I by deleting in its entirety and reserving the numbering. Revise 903.2.6 Group M by deleting in its entirety and reserving the numbering. Revise 903.2.7 Group R by deleting in its entirety and reserving the numbering. Revise 903.2.8 Group S-1 by deleting in its entirety and reserving the numbering. Revise 903.2.9 Group S-2 by deleting in its entirety and reserving the numbering. Add new Sub-section 903.2.14 R-4 OCCUPANCIES as follows: 903.2.14 R-4 OCCUPANCIES. AN AUTOMATIC SPRINKLER SYSTEM SHALL BE PROVIDED THROUGHOUT ALL R-4 OCCUPANCIES. CONDITION 2, AS DEFINED IN IFC AMENDMENTS SECTION 202, FACILITIES SHALL INCLUDE SPRINKLERS IN ATTICS AND CONCEALED SPACES AND SHALL INCLUDE SUPERVISION AND MONITORING IN ACCORDANCE WITH SECTION 903.4. Revise Section 903.3.5 as follows: 903.3.5 Water supplies. Water supplies for automatic sprinkler systems shall comply with this section and the standards referenced in Section 903.3.1. The potable water supply shall be protected against backflow in accordance with the requirements of this section and the International Plumbing Code. AUTOMATIC SPRINKLER SYSTEM WATER SUPPLY DATA FOR HYDRAULIC CALCULATIONS SHALL BE BASED ON A CURVE THAT IS 90 PERCENT OF THE AVAILABLE WATER SUPPLY CURVE AS DETERMINED BY FLOW TEST INFORMATION. Add new Subsection 903.3.8 as follows: 903.3.7 AUTOMATIC SPRINKLER SYSTEM RISER LOCATION. THE AUTOMATIC SPRINKLER SYSTEM RISER SHALL BE INSTALLED WITHIN A BUILDING. AN EXTERIOR DOOR LEADING DIRECTLY INTO THE ROOM CONTAINING THE FIRE SPRINKLER RISER AND SHUT OFF CONTROLS SHALL BE PROVIDED. Lor Revise Section 903.4 as follows: 903.4 Sprinkler system monitoring and alarms. All valves controlling the water supply for automatic sprinkler systems, pumps, tanks, water levels and temperatures, critical air pressures, and water-flow switches on all sprinkler systems shall be electrically supervised BY A LISTED FIRE ALARM -,100 CONTROL UNIT. A MANUAL FIRE ALARM BOX SHALL BE PROVIDED. ACTUATION OF THE WATER-FLOW SWITCH OR MANUAL ALARM BOX SHALL CAUSE AN ALARM SIGNAL. Exceptions: 1. CONTROL VALVES ON A--automatic sprinkler systems protecting one- and two-family dwellings. (No change to exception 2 through 7) Revise Section 903.4.1 as follows: 903.4.1 Signals MONITORING. Alarm, supervisory and trouble signals shall be distinctly different and shall be automatically transmitted to an approved central station,remote supervising station or proprietary supervising station as defined in NFPA 72 or, when approved by the fire code official, shall sound an audible signal at a constantly attended location. Revise Subsection 903.4.2 as follows: 903.4.2 Alarms. Approved audible devices shall be connected to every automatic sprinkler system. Such sprinklerwater—fiew alarm devices shall be activated by water flow equivalent to the flow of a single sprinkler of the smallest orifice size installed in the system OR BY THE MANUAL FIRE ALARM BOX. Alarm devices shall be provided on the exterior of the building in an approved location. Where a fire alarm system is installed, actuation of the automatic sprinkler system shall actuate the building fire alarm system. Add new Subsection 907.2.24 as follows: 907.2.24 MULTI-TENANT COMMERCIAL BUILDING. A MANUAL FIRE ALARM SYSTEM SHALL BE INSTALLED THROUGHOUT THE ENTIRE BUILDING INTENDED FOR MULTIPLE COMMERCIAL TENANT SPACES EXCEEDING 18,000 GROSS SQUARE FEET. EXCEPTION: MANUAL FIRE ALARM BOXES ARE NOT REQUIRED WHERE THE BUILDING IS EQUIPPED THROUGHOUT WITH AN AUTOMATIC SPRINKLER SYSTEM AND THE ALARM NOTIFICATION APPLIANCES WILL ACTIVATE UPON SPRINKLER WATER FLOW. Add new Subsection 907.9.3 and subsections as follows: 907.9.3 ANNUNCIATION PANEL. AN ANNUNCIATION PANEL SHALL BE INSTALLED IN ACCORDANCE WITH SECTIONS 907.9.3.1 THROUGH 907.9.3.3. 907.9.3.1 LOCATION. AN ANNUNCIATION PANEL SHALL BE LOCATED NOT MORE THAN 5 FEET (1524 MM) FROM THE PRIMARY FIRE DEPARTMENT ACCESS DOOR. ADDITIONAL ANNUNCIATION PANELS SHALL BE LOCATED NOT MORE THAN 5 FEET (1524 MM) FROM A SECONDARY FIRE DEPARTMENT ACCESS DOOR OR AS APPROVED BY THE CODE OFFICIAL. 907.9.3.2 HEIGHT. THE HEIGHT OF THE ANNUNCIATION PANEL SHALL BE A MINIMUM OF 42 INCHES (1067 MM) AND A MAXIMUM OF 48 INCHES (1372 MM) MEASURED VERTICALLY,FROM THE FLOOR LEVEL. kilo, 907.9.3.3 FUNCTION. ANNUNCIATION PANELS SHALL INDICATE ALL ALARM, SUPERVISORY,AND TROUBLE SIGNALS. y.. aR'.:fi't?. 't i;3 Revise Section 1008.1.2 Exception 4, to read as follows: Exception 4. Doors within or serving a single dwelling unit in Groups R-2 and R-3 AS APPLICABLE IN SECTION 101.2,AND R-4. CHAPTER I Revise Section 1101.1 as follows: 1101.1 Scope. The - - • •-- - - - - - - -- . - -- -- ••-- -- - - .� •.- • . ._ . accessibility to physically disabled persons. "ARIZONANS WITH DISABILITIES ACT" (ARIZONA REVISED STATUTES, TITLE 41, CHAPTER 9, ARTICLE 8), AND THE "ARIZONANS WITH DISABILITIES ACT IMPLEMENTING RULES: (ARIZONA ADMINISTRATIVE CODE, TITLE 10, CHAPTER 3, ARTICLE 4), WHICH RULES INCORPORATE THE FEDERAL "AMERICANS WITH DISABILITIES ACT ACCESSIBILITY GUIDELINES FOR BUILDINGS AND FACILITIES," SHALL APPLY TO NEW CONSTRUCTION AND ALTERATIONS AND ARE NOT REQUIRED IN BUILDINGS OR PORTIONS OF EXISTING BUILDINGS THAT DO NOT MEET THE STANDARDS AND SPECIFICATIONS AND THIS ACT IS HEREBY REFERRED TO, ADOPTED AND MADE A 44100,, PART HEREOF AS THOUGH FULLY SET FORTH IN THIS SECTION. THE PROVISIONS OF THIS CHAPTER SHALL CONTROL THE DESIGN AND CONSTRUCTION OF FACILITIES FOR ACCESSIBILITY TO PHYSICALLY DISABLED PERSONS. Revise Section 1101.2 as follows: 1101.2 Design. Buildings and facilities shall be designed and constructed to be accessible in accordance with this code, and ICC A117.1 AND THE "ARIZONANS WITH DISABILITIES ACT" (ARIZONA REVISED STATUTES, TITLE 41, CHAPTER 9, ARTICLE 8), AND THE "ARIZONANS WITH DISABILITIES ACT IMPLEMENTING RULES" (ARIZONA ADMINISTRATIVE CODE, TITLE 10, CHAPTER 3, ARTICLE 4), WHICH RULES INCORPORATE THE FEDERAL "AMERICANS WITH DISABILITIES ACT ACCESSIBILITY GUIDELINES FOR BUILDINGS AND FACILITIES." f ER 16 Revise Table 1607.1 revise as follows: OCCUPANCY OR USE UNIFORM CONCENTRATED (psf) (lbs.) 28. Residential - One-and two-family dwellings Uninhabitable attics with wed storage 2840 ‘10, Habitable attics and sleeping areas 88 40 (no other changes in item 28) Revise Section 1704.5 to add the following exception: 4. Masonry fences six feet or less in height above grade. HATTER 4 Revise Section 2406.3,Item 5 as follows: 5. Glazing in ::: . -: --- : - - : ANY ROOM containing a hot tubs, whirlpools, saunas, steam rooms, bathtubs, and OR showers: _ -: •- • - ==+•=- = • -.• -• : eempaftments where the bottom exposed edge of the glazing is less than 60 inches (1524 mm) MEASURED VERTICALLY above the walking STANDING surface. 6. GLAZING, IN AN INDIVIDUAL FIXED OR OPERABLE PANEL ADJACENT TO A DOOR WHERE THE NEAREST EXPOSED EDGE OF THE GLAZING IS WITHIN A 24 INCH ARC OF EITHER VERTICAL EDGE OF THE DOOR IN THE CLOSED THE GLAZING IS LESS AND WHERE THE BOTTOM EDGE OF POSITION, THAN 60 INCHES ABOVE THE WALKING SURFACE; OR WHERE THE NEA.REST EXPOSED EDGE OF THE GLAZING IS WITHIN A 36 INCH ARC OF EITHER VERTICAL EDGE OF THE DOOR IN THE CLOSED POSITION AND WHERE THE BOTTOM EDGE OF THE GLAZING IS LESS THAN 18 INCHES ABOVE THE WALKING SURFACE. �q...:>: ��...:;.�.. ,��..,.$ .may.<'6. s :, �) y: s Revise Table 2902.1 as follows (all other columns and use groups to remain unchanged): TABLE 2902.1 MINIMUM NUMBER OF REQUIRED PLUMBING FACILITIES a WATER DRINKING CLOSETS FOUNTAINS (URINALS SEE (SEE SECTION 419.2 SECTION OF THE 410.1 OF INTERNATIONAL BATHTUBS THE USE PLUMBING LAVATORIES OR INTER- No. CLASSIFICATION GROUP DESCRIPTION CODE) SHOWERS NATIONAL OTHER MALE FEMALE MALE FEMALE PLUMBING CODE) Buildings for the transaction of business, Business(see professional 1 per 25 for the 1 per 40 for the Sections 2902.2, services, first 50 and 1 first — 1 per 100 f 1 2 2902.4,2902.4.1 B other services per 50 for the 80 50 and 1 per service and 2902.6) involving remainder 80 for sink merchandise, exceeding 50 the remainder office exceeding 80 50 buildings, banks, light industrial and similar uses Retail stores, service 6 Mercantile(see stations, Section 2902.2, shops, 1 per 500 1 per 750 — 1 per 1,000 1 2902.4,2904.1 M salesrooms, f service and markets sink 2902.4.2) and shopping centers Add new sub-notes(e) and(f) referenced in the text of Table 2902.1 above. (e) SERVICE SINKS SHALL NOT BE REQUIRED FOR BUSINESS AND MERCANTILE CLASSIFICATIONS EQUAL TO OR LESS THAN 1500 SQUARE FEET. c° BOTTLED WATER MAY BE SUBSTITUTED FOR FIXED DRINKING FOUNTAINS IN BUSINESS AND MERCANTILE CLASSIFICATIONS EQUAL TO OR LESS THAN 1500 SQUARE FEET OF AREA NORMALLY ACCESSIBLE TO THE PUBLIC, AND SHALL BE LOCATED IN AN AREA EASILY ACCESSIBLE TO THE PUBLIC. WATER AND ELECTRICAL SYSTEMS SHALL BE SIZED TO PROVIDE FOR FUTURE FIXED DRINKING FOUNTAIN(S). Add new Section 2902.6 and sub-sections 2902.6.1 and 2906.2.2 as follows: SECTION 2902.6 DRINKING FOUNTAINS. 2902.6.1 APPROVAL. DRINKING FOUNTAINS SHALL CONFORM TO ASME A112.19.1M ASME A11219.2M OR ASME A112.19.19M AND WATER COOLERS SHALL CONFORM TO ARI 1010. DRINKING FOUNTAINS AND WATER COOLERS SHALL CONFORM TO NSF61, SECTION 9. WHERE WATER IS SERVED IN RESTAURANTS, DRINKING FOUNTAINS SHALL NOT BE REQUIRED. 2902.6.2 PROHIBITED LOCATIONS. DRINKING FOUNTAINS, WATER COOLERS AND DISPENSERS SHALL NOT BE INSTALLED IN RESTROOMS. Delete Section 3109 in its entiretyand insert in lieu thereof: [SEE THE TOWN OF ORO VALLEY POOL/SPA CODE.] TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: FEBRUARY 21, 2007 (Ilior TO: HONORABLE MAYOR& COUNCIL FROM: Suzanne Smith, Building Safety Director SUBJECT: ORDINANCE NO. (0) 07 - 04ADOPTION OF 2006 INTERNATIONAL RESIDENTIAL CODE AND AMENDMENTS THERETO. SUMMARY: The Town is currently enforcing the 2003 International Residential Code with local amendments. Traditionally, the Town and the other jurisdictions in the Greater Tucson region have followed a three year code adoption procedure since 1976. The 2006 editions of the International Codes represent changes made to the Codes over the past 3 years. The changes are primarily due to: 1. Errors in printed codes 2. Coordination between codes 3. Climate and geographical considerations 4. Life and health safety issues 5. Local community issues Over the last year, the International Codes have been under review by Town staff as well as the Code Development and Review Committee established by the Arizona Building Officials (AZBO), comprised of Arizona code officials and members of the construction community throughout the State. As a result, some amendments are being recommended for Council approval. In the interest of uniformity in the codes used and enforced throughout Arizona, it is the intent of many of the building departments throughout the state to adopt the 2006 International Codes and the AZBO Code Development and Review Committee's recommended amendments this year. The purpose of this Ordinance is to formally adopt the 2006 International Residential Code with local amendments. Approval will provide the Town of Oro Valley with amendments that will further assist in protecting the health, safety and welfare of the occupants of buildings constructed within the Town's boundaries. Approval will also assist in providing uniform code adoption and enforcement throughout the State, making it easier and less costly for municipalities, contractors, developers and the public at large to perform construction work. The International Codes are performance-oriented and designed to stimulate economic development through acceptance of innovative design and construction methods and encourage new materials and new construction technologies through acceptance of innovative designs. FISCAL IMPACT: ritr here is no fiscal impact to the Town as a result of approving this ordinance. The purchase of new code books and the training costs associated with this adoption were included in the Building Safety Department's 2006- 2007 fiscal year budget. TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 2 of 2 RECOMMENDATION: and Council approve the Staff recommends that the Mayorpp adoption of the International Residential Code, 2006 edition with amendments. SUGGESTED MOTION: I move to approve Ordinance No. (0) 07- 04 , the adoption of the International Residential Code, 2006 edition and amendments attached in Exhibit A. ATTACHMENTS: Ordinance No. (0) 07 - 04 , and Exhibit A attached thereto. /11) c w Mow Buildin: S. - y Director &Attu, Assistant Town Manager Town Manager ORDINANCE NO. (0) 07- 04 AN ORDINANCE OF THE TOWN OF ORO VALLEY, ARIZONA AMENDING CHAPTER 6, SECTION 6-1-7 ENTITLED "RESIDENTIAL CODE" OTHERWISE KNOWN AS THE "2006 INTERNATIONAL RESIDENTIAL CODE"; AND REPEALING ALL RESOLUTIONS, ORDINANCES, AND RULES OF THE TOWN OF ORO VALLEY IN CONFLICT THEREWITH; AND PRESERVING THE RIGHTS AND DUTIES THAT HAVE ALREADY MATURED AND PROCEEDINGS THAT HAVE ALREADY BEGUN THEREUNDER WHEREAS, 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 subdivision under the Constitution and laws of the State of Arizona and the United States; and WHEREAS, pursuant to ARS § 41-1346, this Ordinance is a public record with three copies of "Residential Code", otherwise known as the "2006 International Residential Code" on file in the office of the Town Clerk; and WHEREAS, on December 6, 1995, the Town Council approved Ordinance No. (0) 95-85, %Ow which adopted that certain document entitled, "Oro Valley Town Code, Chapter 6, "Building" as the sixth chapter of the official Town Code; and WHEREAS, Chapter 6, Building, Section 6-1-7 is the Town of Oro Valley's Residential Code; and WHEREAS, on January 17, 2007, the Town Council adopted Resolution No. (R) 07-10, making that certain document entitled the "Residential Code" otherwise known as the "2006 International Residential Code", with amendments thereto a public record; and WHEREAS, changes made to the Residential Code were primarily due to errors in printed codes, coordination between codes, climate and geographic considerations, life and safety issues and local community issues. NOW, THEREFORE, BE IT ORDAINED by the Mayor and the Council of the Town of Oro Valley, Arizona that the certain document, known as "Residential Code" otherwise known as the "2006 International Residential Code"with amendments thereto is hereby adopted. NOW THEREFORE, BE IT FURTHER ORDAINED by the Mayor and Council of the Town of Oro Valley as follows: Section 1. Oro Valley Town Code Section 6-1-7 is hereby amended with deletions in stfikethr-eughand additions in all CAPS as follows: F:\Building Safety\Suzanne\Council 1\2006 CODE ADOPTIONS\RESOLUTIONS AND ORDINANCES\International Residential Code Ordinance 2007.doc Town of Oro Valley Attorney's Offcelca/012907 6-1-7 Residential Code That certain document known as THE TOWN OF ORO VALLEY'S ADOPTED RESIDENTIAL CODE IS the " "2006 International Residential Code, AS AMENDED, 2.0.93 Edition, including Appendix Chapters A, B, C, D, H, J, -: • ," • •• - • •. • with amendments appended Cher- - - ; A , three copies of which Code Council, Inc., and are on file in the Office of the Town Clerk of the Town of Oro Valley, Arizona. , which thereof to-become effective on the 20th day of January 2005. All Oro ValleyOrdinances, Resolutions, or Motions and parts of Ordinances, Section 2. Resolutions' or Motions of the Council in conflict with the provisions of this Ordinance are , hereby repealed. section, subsection, sentence, clause, phrase Section 3. If any or portion of this Ordinance is• anyreason held to be invalid or unconstitutional by the decision of any court of competent for jurisdiction, such decision shall not affect the validity of the remaining portions thereof. PASSED Mayor ANDADOPTED byMa or and Town Council, the Town of Oro Valley, Arizona, this 21 s tday of February , 2007. TOWN OF ORO VALLEY Paul H. Loomis, Mayor ATTEST: Kathryn E. Cuvelier, Town Clerk Date: APPROVED AS TO FORM: Melinda Garrahan, Town Attorney Date: F:\Building Safety\Suzatne\Council 1\2006 CODE ADOPTIONS\RESOLUTIONS AND ORDINANCES\International Residential Code Ordinance 2007 doc Town of Oro Valley Attorney's Office/ea/012907 ATTACHMENT A TOWN OF ORO VALLEY AMENDMENTS TO THE INTERNATIONAL RESIDENTIAL CODE 2006 EDITION The following provisions of the Residential Code, 2006 Edition, as published by the International Code Council, Inc., are hereby amended as follows: Revise Section R101.1 as follows: "These provisions shall be known as the Residential Code for One- and Two-Family Dwellings of the [TOWN OF ORO VALLEY,ARIZONA]..." Revise Section R102.5 as follows: R102.5 Appendices. Provisions in the appendices shall not apply unless specifically referenced in the adopting ordinance. THE FOLLOWING APPENDICES ARE ADOPTED: A, B, C, D, H, J, N, 0, P AND Q. Revise Section 105.2 as follows: 105.2 Work exempt from permit. Building: 1. One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided the floor area does not exceed 120 square feet (11 m2). ANY ELECTRICAL, PLUMBING, OR MECHANICAL PORTIONS OF A STRUCTURE UNDER THIS SECTION WILL REQUIRE A BUILDING PERMIT. Revise Section R105.3.2 as follows: R105.3.2 Time limitations of application. An application for a permit for any proposed work shall be deemed to have been abandoned 180 days after the date of filing unless such application has been pursued in good faith or a permit has been issued; except that the building official is authorized to grant one or more extensions of time for additional periods not exceeding 180 days each. The extension shall be requested in writing and justifiable cause demonstrated. AN APPLICATION SHALL NOT BE EXTENDED IF THIS CODE OR ANY OTHER PERTINENT LAWS OR ORDINANCES HAVE BEEN AMENDED SUBSEQUENT TO THE DATE OF APPLICATION. IN ORDER TO RENEW ACTION ON AN APPLICATION AFTER EXPIRATION, THE APPLICANT SHALL RESUBMIT PLANS AND PAY A NEW PLAN REVIEW FEE. Revise Section R105.5 as follows: R105.5 Expiration. Every permit issued shall become invalid unless the work authorized by such permit is commenced within 180 days after its issuance, or if the work authorized by such permit is suspended or abandoned for a period of 180 days after the time the work is commenced. The building official is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each. The extension shall be requested in writing PRIOR TO EXPIRATION OF THE PERMIT, and justifiable cause demonstrated. BEFORE WORK DEEMED TO HAVE EXPIRED CAN BE RECOMMENCED, A NEW PERMIT SHALL BE FIRST OBTAINED TO DO SO, AND THE iiimov FEE THEREFORE SHALL BE ONE HALF THE AMOUNT REQUIRED FOR A NEW PERMIT FOR SUCH WORK, PROVIDED NO CHANGES HAVE BEEN MADE OR WILL BE MADE IN THE ORIGINAL PLANS AND SPECIFICATIONS FOR SUCH WORK; AND PROVIDED FURTHER THAT SUCH SUSPENSION OR ABANDONMENT HAS NOT EXCEEDED ONE YEAR. IN ORDER TO RENEW ACTION ON A PERMIT AFTER THE ONE YEAR LIMIT, Ned THE PERMITTEE SHALL PAY A NEW FULL PERMIT FEE. Revise Section R108.2 as follows: R108.2 Schedule of permit fees. On buildings, structures, electrical, gas, mechanical, and plumbing systems or alterations requiring a permit, a fee for each permit shall be paid as required, in accordance with the schedule as established by the applicable governing authority TOWN OF ORO VALLEY BUILDING VALUATION DATA SCHEDULE AND FEE SCHEDULES AS ESTABLISHED BY THE TOWN OF ORO VALLEY. PLAN REVIEW FEES SHALL BE 65% OF THE PERMIT FEE AND SHALL BE PAID AT THE TIME OF APPLICATION. Revise Section R108.3 as follows: R108.3 Building permit valuations. THE APPLICANT FOR A PERMIT SHALL PROVIDE AN ESTIMATED PERMIT VALUE AT TIME OF APPLICATION. Building permit valuation shall include total value of the work for which a permit is being issued, such as electrical, gas, mechanical, plumbing equipment and other permanent systems, including materials and labor. THE FINAL PERMIT VALUATION SHALL BE DETERMINED BY TOWN OF ORO VALLEY BUILDING VALUATION DATA SCHEDULE AND FEE SCHEDULES AS ESTABLISHED BY THE TOWN OF ORO VALLEY. Revise Section 110.1 as follows: R110.1 Use and occupancy. No building or structure shall be used er, occupied, OR FURNISHED IN Ned WHOLE OR IN PART, and no change in the existing occupancy classification of a building or structure or portion thereof shall be made until the building official has issued a certificate of occupancy therefore, as provided herein. (remainder of the section unchanged). Revise Table R301.2(1),by inserting the following text: Ground Snow Load; insert N/A Wind Speed; insert 90 Seismic Design Category; insert(B) Weathering; insert [MODERATE] Frost Line Depth; insert [N/A] Termite; insert [MODERATE TO HEAVY] Decay; insert [NONE TO SLIGHT] Winter Design Temp; insert 32 Flood Hazards; insert PER PIMA COUNTY FLOOD CONTROL DISTRICT Air Freezing Index; insert 4 Mean Annual Temp; insert 68 Revise Subsection R301.2.2.2.2 as follows: R301.2.2.2.2 Irregular Buildings. Prescriptive construction as regulated by this code shall not be used for irregular structures located in Seismic Design. Categories B, C, DO, D l and D2. (remainder of the section unchanged). Revise Table 301.5 in part as follows: mod TABLE R301.5 MINIMUM UNIFORMLY DISTRIBUTED LIVE LOADS (In pounds per square foot) USE LIVE LOAD Attics with limited storage b'b'h 29 40 Sleeping rooms 3.9 40 (other sections and uses in table to remain unchanged) (footnotes a through f to remain unchanged) G. For attics with limited storage and constructed with trusses TRUSSED SYSTEMS, this live load... (balance of footnote g, and footnotes h, and i, to remain unchanged) Delete Section R303.3 in its entirety and replace it with the following: R303.3 Bathrooms and Kitchens. Bathrooms, water closet compartments, kitchens and other similar rooms shall be provided with mechanical exhaust systems. The minimum ventilation rates for bathrooms, kitchens, and similar spaces shall be per Table Ml 507.3. Revise Section 308.4 Item#5 as follows: Glazing in ::: .-: •- : . - : ANY ROOM containing a hot tubs, whirlpools, saunas, steam rooms, bathtubs, and OR shower- _ . •-: •• .- : . :. :•-: -- : •-: -- - :--:. •---- where the bottom exposed edge of the glazing is less than 60 inches (1524 mm) measured vertically above any standing or walking surface. Revise Section R309.1 as follows: R309.1 Opening protection. Openings from a private garage directly into a room used for sleeping purposes shall not be permitted. Other openings between the garage and residence shall be equipped with solid wood doors not less than 13/8 inches (35 mm) in thickness, solid or honeycomb core steel doors not less than 13/8 inches (35 mm) thick, or 20-minute fire-rated doors. DOORS PROVIDING OPENING PROTECTION SHALL BE MAINTAINED SELF-CLOSING AND SELF-LATCHING. Revise Section R311.4.3 as follows: R311.4.3 Landings at doors. There shall be a floor or landing on each side of each exterior door. The floor or landing at the AN exterior door shall not be FLUSH WITH THE INTERIOR FINISH FLOOR ELEVATION, OR A MINIMUM OF 4 INCHES (52 MM) more than 1.5 inches (38 mm) lower than the top of the threshold. WHEN LOCATED LOWER THAN THE THRESHOLD, THE DOOR, OTHER THAN AN EXTERIOR STORM OR SCREEN DOOR, SHALL NOT SWING OVER THE LANDING. The landing shall be permitted to have a slope not to exceed 0.25 units vertical in 12 units horizontal (2 percent). Revise Section R313.2 by inserting new item#4 to read: 4. WHERE THE CEILING HEIGHT OF A ROOM OPEN TO THE HALLWAY SERVING ,1100 SLEEPING AREAS EXCEEDS THAT OF THE HALLWAY BY 24 INCHES (610 MM), OR MORE, SMOKE ALARMS SHALL BE LOCATED IN THE HALLWAY AND IN THE ADJACENT ROOM. Add new Section 325 Sound Attenuation as follows: R325 SOUND ATTENUATION. BUILDINGS COVERED UNDER THE INTERNATIONAL RESIDENTIAL CODE SHALL BE SUBJECT TO THE FOLLOWING PROVISIONS: 1) EXTERIOR WALL PENETRATIONS BY PIPE DUCTS OR CONDUITS SHALL BE CAULKED. 2) MAILBOXES SHALL NOT BE USED THROUGH THE DOOR OR WALL. 3) WINDOWS SHALL HAVE TWO PANES OF GLASS AND SOUND TRANSMISSION RATING OF STC-22. ALL OPERABLE WINDOWS SHALL BE WEATHER STRIPPED AND AIRTIGHT IN ACCORDANCE WITH ASTM R-283-84-T STANDARD. PERIMETER WINDOW FRAMES SHALL BE SEALED TO AIRTIGHT SPECIFICATION. 4) ALL NON-GLAZED PORTIONS OF EXTERIOR SIDE-HINGED DOORS SHALL BE SOLID-CORE WOOD OR INSULATED HOLLOW METAL OR AT LEAST ONE AND THREE-QUARTERS INCH THICK AND FULLY WEATHER STRIPPED. THE Q PERIMETER DOORFRAMES SHALL BE SEALED TO AIRTIGHT SPECIFICATIONS. 5) FIREPLACES SHALL BE PROVIDED WITH FITTING DAMPERS, UNLESS OTHERWISE PROHIBITED ELSEWHERE IN THE CODE. 6) EXTERIOR WALLS SHALL BE AT LEAST FOUR INCHES IN NOMINAL DEPTH AND SHALL BE FINISHED ON THE OUTSIDE WITH BLOCK, SIDING, SHEATHING, OR STUCCO ON ONE-INCH STYROFOAM. FIBERGLASS OR CELLULOSE INSULATION AT LEAST THREE AND ONE-HALF INCHES THICK SHALL BE INSTALLED CONTINUOUSLY THROUGHOUT THE CAVITY SPACE BEHIND THE WALL. TOTAL INSULATION R-VALUE OF THE EXTERIOR WALL ASSEMBLY SHALL BE R-18. 7) ATTICS AND ROOF RAFTER SPACES SHALL BE INSULATED WITH A MINIMUM INSULATION R-VALUE OF AT LEAST R-30. IF THE SPECIFIED REQUIREMENTS OF SECTION R325 ARE NOT MET, THE BUILDING OFFICIAL MAY APPROVE AS AN ALTERNATIVE, A CERTIFICATION BY A REGISTERED ARCHITECT OR ENGINEER PURSUANT TO TITLE 32, CHAPTER 1 TO ACHIEVE A MAXIMUM INTERIOR NOISE LEVEL OF FORTY-FIVE (45) DECIBELS AT TIME OF FINAL CONSTRUCTION. Figure Replace R403.1.7.1 with Figure 1805.3.1 from the 2006 edition of the International Building Code p r w.P Tk.'.t rrr.6 Revise Section R602.10.3 to delete method 1 in its entirety and all related references to this method (re- number all other methods accordingly) fl . Revise Section 802.11.1 as follows: R802.11.1 Uplift resistance. ALL roof assemblies which are subject to uplift pressures of 20 pounds per square foot (960 Pa) or greater shall have roof rafters or trusses attached to their supporting wall assemblies by connections capable of withstanding the resistance required in Table R802.11, OF NOT LESS THAN 400 POUNDS. Wind-uplift-pressures shall be determined-us g an effective wind area of 100 square feet (9.3 m - -- - - ' - - - - -- - - R301.2(3). A CONTINUOUS LOAD PATH SHALL BE PROVIDED TO TRANSMIT THE UPLIFT FORCES FROM THE RAFTER OR TRUSS TIES TO THE FOUNDATION. ...fl.A PT.E:i.. 13 Revise Section M1305.1.1 as follows: M1305.1.1 Central Furnaces and AIR HANDLERS. Central Furnaces AND AIR HANDLERS within compartments or alcoves shall have a minimum working space clearance of 3 inches (76 mm) along the sides,back, and top with a total width of the enclosing space being at least 12 inches (305 mm)wider than the furnace OR AIR HANDLER. Furnaces having a firebox open to the atmosphere shall have at least a 6 inch(152 mm) working space along the front combustion chamber side. Combustion air openings at the rear and side of the compartment shall comply with the requirements of chapter 17. Exception: This section shall not apply to replacement appliances installed in existing compartments and alcoves where the working space clearances are in accordance with the equipment or appliance Lir manufacturer's installation instructions. Add new sub-section M1305.1.5 as follows: M1305.1.5 HEATING, AIR CONDITIONING, AND REFRIGERATION EQUIPMENT OUTLET. A 125-VOLT, SINGLE PHASE, 15 OR 20 AMPERE RATED RECEPTACLE OUTLET SHALL BE INSTALLED IN AN ACCESSIBLE LOCATION FOR THE SERVICING OF HEATING, AIR CONDITIONING, AND REFRIGERATION EQUIPMENT. THE RECEPTACLE SHALL BE LOCATED ON THE SAME LEVEL AND WITHIN 25 FEET (7.5 METERS) OF THE HEATING AND AIR CONDITIONING, AND REFRIGERATION EQUIPMENT. THE RECEPTACLE OUTLET SHALL NOT BE CONNECTED TO THE LOAD SIDE OF THE EQUIPMENT DISCONNECTING MEANS. Add new Section M1307.6 as follows: M1307.6 LIQUEFIED PETROLEUM APPLIANCES. LIQUEFIED PETROLEUM (LPG) APPLIANCES SHALL NOT BE INSTALLED IN AN ATTIC, PIT, OR OTHER LOCATION THAT WOULD CAUSE PONDING OR RETENTION OF GAS. CHAPTER 11 Revise Section M1403.2 as Follows: M1403.2 Foundations and supports. Supports and foundations for the outdoor unit of a heat pump ,,,,,r MECHANICAL SYSTEMS shall be raised at least 3 inches (76 mm) above the ground FINISHED GRADE, to permit free drainage of defrost water and shall conform to the manufacturer's installation instructions. veld Amend the 4TH sentence of Section M1411.3.2 as follows: "Where the drain pipes from one or more units are manifolded together for condensate drainage, the pipe or tubing shall be sized in accordance with an approved method., OR IN ACCORDANCE WITH SECTION M1411.3.2.1. Add new subsection M1411.3.2.1 as follows: M1411.3.2.1 COMBINING OF CONDENSATE DRAINS. COMBINING OF CONDENSATE DRAINAGE LINES SHALL BE ALLOWED AS FOLLOWS: EQUIPMENT CAPACITY MINIMUM CONDENSATE PIPE DIAMETER UP TO 10 TONS OF REFRIGERATION %INCH 11-20 TONS 1 INCH 21-40 TONS 1-1/4 INCH 41-100 TONS 1-1/2INCH OVER 100 TONS 2 INCH WHEN TWO OR MORE UNITS ARE TIED TOGETHER,THE MINIMUM DRAIN SIZE SHALL BE 1 INCH. Revise Section M1503.3 as follows: M1503.3 Kitchen exhaust rates. Where Ddomestic kitchen cooking appliances are SHALL BE equipped with ducted range hoods or down-draft exhaust systems, the fans shall be sized in accordance with Section M1507.3. Revise Section 1507.1 as follows: M1507.1 General. Where Ttoilet rooms and bathrooms are SHALL BE mechanically ventilated AND the ventilation equipment shall be installed in accordance with this section. Revise Section M1703.2 as follows: M1703.2 Two openings or ducts. Outside combustion air shall be supplied through openings or ducts, as illustrated in Figures M1703.2(1), M1703.2(2), M1703.2(3) and M1703.2(4). One opening shall be within 12 inches (305mm) of the top of the enclosure, and one within 12 inches(305mm) of the bottom of the enclosure. FOR LPG APPLIANCES, ANY DUCT SERVING THE LOWER OPENING SHALL BE AT THE FLOOR LEVEL AND SLOPE TO THE OUTDOORS WITHOUT TRAPS OR POCKETS. Openings are permitted to connect to spaces directly communicating with the outdoors, such as ventilated crawl spaces or ventilated attic spaces. The same duct or opening shall not serve both combustion air openings. The duct serving the upper opening shall be level or extend upward from the appliance space. Revise Section M2005.2 as follows: M2005.2 Prohibited locations. Fuel-fired water heaters shall not be installed in a room used as a storage CLOTHES closet. Water heaters installed in a bedroom or bathroom shall be installed in a sealed enclosure so that the combustion air will not be taken from the living space. Installation of direct-vent water heaters within an enclosure is not required. CH•.y.!4,,. ..; .vim. Revise the first sentence of Section 2406.2 as follows: Appliances shall not be located in sleeping rooms, toilet rooms, CLOTHES closets or surgical rooms, or in a space that opens only into such rooms or spaces, except where the installation complies with one of the following: Revise Section 2415.9 as follows: G2415.9 (404.9) Minimum burial depth. Underground piping systems shall be installed a minimum depth of 12 inches (305 mm) below grade except as provided for in Section G2415.9.1 FOR METAL PIPING AND 18 INCHES (457MM)FOR NON-METALLIC PIPING. Delete Section G2415.9.1 in its entirety. Revise Section G2427.6.4 as follows: In sub-section 1. revise "8 feet(2438 mm)" to 4 FEET(1219MM). hh >• . Revise Section P2503.6 as follows: Water-supply testing. Upon completion of the water-supply system or a section of it, the system or portion completed shall be tested and proved tight under a water pressure of not less than the working pressure of the system or, for piping systems other than plastic, by an air test of not less than 50 psi (345 Pa). This pressure shall be held for not less than 15 minutes. The water used for tests shall be obtained from a potable water source. 26 At Section P2603.6.1 insert 12 INCHES (305 MM) at both locations where it says [NUMBER]. CHAPTER 28 Add new section P2803.6.2 to read: SECTION P2803.6.2 REPLACEMENT WATER HEATERS. REPLACEMENT WATER HEATERS SHALL COMPLY WITH THE FOLLOWING WHEN IT IS NOT PRACTICAL TO RUN THE TEMPERATURE AND PRESSURE RELIEF VALVE LINE TO THE EXTERIOR OF THE RESIDENCE: 1. A DRAIN PAN SHALL BE INSTALLED UNDER THE WATER HEATER. 2. THE TEMPERATURE RELIEF VALVE SHALL BE SET TO A MAXIMUM OF 210 DEGREES AND THE PRESSURE RELIEF VALVE TO 150 PSI WITH A LINE DRAINING INTO THE PAN. 3. A PRESSURE RELIEF VALVE SET AT NO GREATER THAN 125 PSI SHALL BE INSTALLED AT THE MAIN WATER SUPPLY CONNECTION OUTSIDE THE DWELLING. ;S.. ��...:!q .,t+; �;`'gam• .:�< Revise Section P3005.2.10 as follows: P3005.2.10 Cleanout equivalent. A fixture trap or a fixture with an integral trap, readily removable without disturbing concealed piping shall be acceptable as a cleanout equivalent. Revise Section E3306.3 by substituting"12"(AWG aluminum) with"6" (AWG aluminum). NS) Revise Section 3603.1 by adding a sentence to the end of the paragraph to read: EVAPORATIVE COOLER FAN AND PUMP MOTORS SHALL BE PERMITTED TO BE CONNECTED TO THE SAME BRANCH CIRCUIT AS CENTRAL HEATING. Add new subsection E3603.7 to read: E3603.7 DISHWASHER AND GARBAGE DISPOSER BRANCH CIRCUITS. IN RESIDENTIAL OCCUPANCIES, DISHWASHER AND GARBAGE DISPOSER MAY BE ON THE SAME 20 AMPERE BRANCH CIRCUIT. Delete Section 3808.1 in its entirety and replace it with the following: SECTION 3808.8.1 FLEXIBLE METAL CONDUIT. FLEXIBLE METAL CONDUIT SHALL NOT BE PERMITTED AS A GROUNDING MEANS. AN EQUIPMENT GROUNDING CONDUCTOR, SIZED IN ACCORDANCE WITH TABLE E3808.12 SHALL BE INSTALLED IN ALL FLEXIBLE METAL CONDUITS. WHERE AN EQUIPMENT BONDING JUMPER IS REQUIRED AROUND FLEXIBLE METAL CONDUIT, IT SHALL BE INSTALLED IN ACCORDANCE WITH SECTION E3808.20. EXCEPTION: LISTED AND LABELED FACTORY ASSEMBLED (PRE-WIRED) FIXTURES kiitior AND EQUIPMENT WITH FLEXIBLE METAL CONDUIT WILL NOT REQUIRE THE ADDITION OF THE GROUNDING CONDUCTOR IN PRE-WIRED RACEWAYS. Delete Section E3808.8.2 in its entirety and replace it with the following: SECTION E3808.8.2 LIQUID-TIGHT FLEXIBLE METAL CONDUIT. LIQUID-TIGHT FLEXIBLE METAL CONDUIT SHALL NOT BE PERMITTED AS A GROUNDING MEANS. AN EQUIPMENT GROUNDING CONDUCTOR, SIZED IN ACCORDANCE WITH TABLE E3808.12 SHALL BE INSTALLED IN ALL LIQUID-TIGHT FLEXIBLE METAL CONDUITS. WHERE AN EQUIPMENT BONDING JUMPER IS REQUIRED AROUND LIQUID-TIGHT FLEXIBLE METAL CONDUIT, IT SHALL BE INSTALLED IN ACCORDANCE WITH SECTION E3808.20. EXCEPTION: LISTED AND LABELED FACTORY ASSEMBLED (PRE-WIRED) FIXTURES AND EQUIPMENT WITH LIQUID-TIGHT FLEXIBLE METAL CONDUIT WILL NOT REQUIRE THE ADDITION OF THE GROUNDING CONDUCTOR IN PRE-WIRED RACEWAYS. 42 Add a new Section E4202.3 and subsections to read as follows: SECTION E4202.3 LOCATION OF POWER SUPPLIES AND TRANSFORMERS. sitar E4202.3.1 ACCESSIBILITY. CLASS 1, CLASS 2 AND CLASS 3 POWER SUPPLIES AND TRANSFORMERS SHALL BE ACCESSIBLE. E4202.3.2 PROHIBITED LOCATIONS. CLASS 1, CLASS 2 AND CLASS 3 POWER SUPPLIES AND TRANSFORMERS SHALL NOT BE LOCATED IN ANY CLOSET OR SPACE WHERE CLOSER THAN 6 INCHES FROM THE EDGE OF A SHELF. Delete Appendix E, Manufactured Housing Used As Dwellings. (refer to Arizona State Law for requirements). Delete Appendix F, Radon Control Methods. Delete Appendix G Swimming Pools, Spas and Hot Tubs. (insert the Oro Valley Pool/Spa Code, 2006 Edition). Delete Appendix I, Private Sewage Disposal. (refer to Arizona Department of Environmental Quality for requirements). Delete Appendix K, Sound Transmission(See new Section R325, Sound Attenuation) Delete Appendix L, Permit Fees (refer to Town of Oro Valley Building Valuation Data Schedule and Fee Schedules) Delete Appendix M, Home Day Care-R3 Occupancy (refer to amended International Building ikby Code for home care occupancies) X, ,. Aa P Revise Appendix P as follows: SPRINKLING AUTOMATIC FIRE SPRINKLER SYSTEM The provisions contained in this appendix are not mandatory unless specifically referenced in the adopting ordinance. AP101 i hers AUTOMATIC FIRE SPRINKLER SYSTEM. An approved automatic fire sprinkler system shall be installed in new one- and two-family dwellings and townhouses USED AS MODEL HOMES WITH SALES OR CONSTRUCTION OFFICES, AND ONE- AND TWO-FAMILY DWELLINGS AND TOWNHOUSES WHICH EXCEED 3,600 SQUARE FEET IN FIRE-FLOW CALCULATION AREA HEREAFTER CONSTRUCTED WITHIN OR MOVED INTO THE JURISDICTION. C TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: FEBRUARY 21, 2007 TO: HONORABLE MAYOR& COUNCIL FROM: Suzanne Smith, Building Safety Director SUBJECT: ORDINANCE NO. (0) 07 -9ADOPTION OF 2006 INTERNATIONAL FUEL GAS CODE AND AMENDMENTS THERETO. SUMMARY: The Town is currently enforcing the 2003 International Fuel Gas Code with local amendments. Traditionally, the Town and the other jurisdictions in the Greater Tucson region have followed a three year code adoption procedure since 1976. The 2006 editions of the International Codes represent changes made to the Codes over the past 3 years. The changes are primarily due to: 1. Errors in printed codes 2. Coordination between codes 3. Climate and geographical considerations 4. Life and health safety issues 5. Local community issues Over the last year, the International Codes have been under review by Town staff as well as the Code Development and Review Committee established by the Arizona Building Officials (AZBO), comprised of Arizona code officials and members of the construction community throughout the State. As a result, some amendments are being recommended for Council approval. In the interest of uniformity in the codes used and enforced throughout Arizona, it is the intent of many of the building departments throughout the state to adopt the 2006 International Codes and the AZBO Code Development and Review Committee's recommended amendments this year. The purpose of this Ordinance is to formally adopt the 2006 International Fuel Gas Code with local amendments. Approval will provide the Town of Oro Valley with amendments that will further assist in protecting the health, safety and welfare of the occupants of buildings constructed within the Town's boundaries. Approval will also assist in providing uniform code adoption and enforcement throughout the State, making it easier and less costly for municipalities, contractors, developers and the public at large to perform construction work. The International Codes are performance-oriented and designed to stimulate economic development through acceptance of innovative design and construction methods and encourage new materials and new construction technologies through acceptance of innovative designs. FISCAL IMPACT: There is no fiscal impact to the Town as a result of approving this ordinance. The purchase of new code books and the training costs associated with this adoption were included in the Building Safety Department's 2006- 2007 fiscal year budget. TOWN OF ORO VALLEY OUNCIL COMMUNICATION Page 2 of 2 RECOMMENDATION: Staff recommends that the Mayor and Council approve the adoption of the International Fuel Gas Code, 2006 edition with amendments thereto. SUGGESTED MOTION: I move to approve Ordinance No. (0) 07- 05 , declaring the International Fuel Gas Code, 2006 edition and amendments thereto, attached in Exhibit A. ATTACHMENTS: Ordinance No. (0) 07 - 05 , and Exhibit A attached thereto. 111. /Ar JAW Building afet •irector ssistant Town Manager ditti Town Manager ORDINANCE NO. (0) 07- 05 AN ORDINANCE OF THE TOWN OF ORO VALLEY, ARIZONA AMENDING CHAPTER 6, SECTION 6-1-8 ENTITLED "FUEL GAS CODE" OTHERWISE KNOWN AS THE "2 006 INTERNATIONAL FUEL GAS CODE"; AND REPEALING ALL RESOLUTIONS, ORDINANCES, AND RULES OF THE TOWN OF ORO VALLEY IN CONFLICT THEREWITH; AND PRESERVING THE RIGHTS AND DUTIES THAT HAVE ALREADY MATURED AND PROCEEDINGS THAT HAVE ALREADY BEGUN THEREUNDER WHEREAS, 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 subdivision under the Constitution and laws of the State of Arizona and the United States; and WHEREAS, pursuant to ARS § 41-1346, this Ordinance is a public record with three copies of "Fuel Gas Code", otherwise known as the "2006 International Fuel Gas Code" on file in the office of the Town Clerk; and WHEREAS, on December 6, 1995, the Town Council approved Ordinance No. (0) 95-85, which adopted that certain document entitled, "Oro Valley Town Code, Chapter 6, "Building" as the sixth chapter of the official Town Code; and WHEREAS, Chapter 6, Building, Section 6-1-8 is the Town of Oro Valley's Fuel Gas Code; and WHEREAS, on January 17, 2007, the Town Council adopted Resolution No. (R) 07-05, making that certain document entitled the "Fuel Gas Code" otherwise known as the "2006 International Fuel Gas Code", with amendments thereto a public record; and WHEREAS, changes made to the Fuel Gas Code were primarily due to errors in printed codes, coordination between codes, climate and geographic considerations, life and safety issues and local community issues. NOW, THEREFORE, BE IT ORDAINED by the Mayor and the Council of the Town of Oro Valley, Arizona that the certain document, known as "Fuel Gas Code" otherwise known as the "2006 International Fuel Gas Code"with amendments thereto is hereby adopted. NOW THEREFORE, BE IT FURTHER ORDAINED by the Mayor and Council of the Town of Oro Valley as follows: Section 1. Oro Valley Town Code Section 6-1-8 is hereby amended with deletions in 4tittio Mr-meth:rough and additions in all CAPS as follows: F:\Building Safety\Suzanne\Council 1\2006 CODE ADOPTIONS\RESOLUTIONS AND ORDINANCES\International Fuel Gas Code Ordinance 2007.doc Town of Oro Valley Attorney's Office/ca/012907 , (imp 6-1-8 Fuel Gas Code -. --.'- e* .a•-• -e - - THE TOWN OF ORO VALLEY'S ADOPTED FUEL GAS CODE IS the " 2006 International Fuel Gas Code, AS AMENDED, 2003 Edition," as published by the International Code Council, Inc. and with amendments appended thereto as Exhibit A, three copies of which are on file in the office of the Town Clerk of the Town of Oro Valley, Arizona. , which document was made a public record by Resolution No. (R)04-73 on August 4, any provisions thereof to become effective on the 20th day of January 2005. Section 2. All Oro Valley Ordinances, Resolutions, or Motions and parts of Ordinances, Resolutions, or Motions of the Council in conflict with the provisions of this Ordinance are hereby repealed. Section 3. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. PASSED AND ADOPTED by Mayor and Town Council, the Town of Oro Valley, Arizona, this 21 s tday of February , 2007. TOWN OF ORO VALLEY Paul H. Loomis, Mayor ATTEST: Kathryn E. Cuvelier, Town Clerk Date: APPROVED AS TO FORM: Melinda Garrahan, Town Attorney Date: F\Building Safety\Suzannc\Council 1\2006 CODE ADOPTIONS\RESOLUTIONS AND ORDINANCES\International Fuel Gas Code Ordinance 2007 doe Town of Oro Valley Attorney's Office/ca,012907 ATTACHMENT A TOWN OF ORO VALLEY AMENDMENTS TO THE INTERNATIONAL FUEL GAS CODE 2006 EDITION The following provisions of the International Fuel Gas Code, 2006 Edition, as published by the International Code Council, Inc., are hereby amended as follows: .....,;.i.::.moi.•..k:. f.C...t.'tC'`?c. :•. At Section 101.1,revise text to read as follows: These regulations shall be known as the Fuel Gas Code of THE TOWN OF ORO VALLEY,hereinafter referred to as"this code". Revise Section 103 as follows: SECTION 103 DEPARTMENT OF INSPECTION BUILDING SAFETY 103.1 General. The Department of Inspection BUILDING SAFETY is hereby created and the executive official in charge thereof shall be known as the code official Delete Sections 104 and 105 in their entirety and substitute Section 104 in its entirety of the International Building Code, 2006 edition with Amendments thereto. Revise Section 106.1 exception as follows: Exception: Where equipment replacements and repairs are required to be performed in an emergency situation, the permit application shall be submitted within the next working day to the Department of Inspection BUILDING SAFETY. Add Subsection 106.4.2.1 as follows: 106.4.2.1 Time limitation of application. AN APPLICATION FOR A PERMIT FOR ANY PROPOSED WORK SHALL BE DEEMED TO HAVE BEEN ABANDONED AND SHALL BE EXPIRED 180 DAYS AFTER THE DATE OF FILING, UNLESS SUCH APPLICATION HAS BEEN PURSUED IN GOOD FAITH OR A PERMIT HAS BEEN ISSUED; EXCEPT THAT THE BUILDING OFFICIAL IS AUTHORIZED TO GRANT ONE OR MORE EXTENSIONS OF TIME FOR ADDITIONAL PERIODS NOT EXCEEDING 90 DAYS EACH. THE EXTENSION SHALL BE REQUESTED IN WRITING AND JUSTIFIABLE CAUSE DEMONSTRATED. THE REQUEST FOR EXTENSION SHALL BE MADE PRIOR TO EXPIRATION. AN EXTENSION SHALL NOT BE GRANTED IF THIS CODE OR ANY OTHER PERTINENT LAWS OR ORDINANCES HAVE BEEN AMENDED SUBSEQUENT TO THE DATE OF APPLICATION. IN ORDER TO RENEW ACTION ON AN APPLICATION AFTER EXPIRATION, THE APPLICANT SHALL RE-SUBMIT PLANS AND PAY A NEW PLAN REVIEW FEE. Delete Sections 106.4.3 and 106.4.4 in their entirety and substitute Section 105.5 in its entirety of the International Building Code 2006 edition with Amendments thereto. Delete Section 106.5 in its entirety and substitute Section 108 in its entirety of the International Building Code 2006 edition with Amendments thereto. iiisair Delete Sections 108 and 109 in their entirety and substitute Sections 111, 112, 113, 114, and 115 in their entirety of the International Building Code 2006 edition with Amendments thereto. Revise Section 201.4 as follows: 201.4 Terms not defined. Where terms are not defined through the methods authorized by this section, such terms shall have ordinarily accepted meanings such as the context implies. MERRIAM WEBSTER'S COLLEGIATE DICTIONARY, 11TH EDITION, SHALL BE CONSIDERED AS PROVIDING ORDINARILY ACCEPTED MEANINGS. Revise the first paragraph of Section 303.3 as follows: 303.3 Prohibited locations. Appliances shall not be located in sleeping rooms, bathrooms, toilet rooms, storage CLOTHES closets or surgical rooms, or in a space that opens into such rooms or spaces, except where the installation complies with one of the following: (remainder of text unchanged) Add an additional exception#2 to Section 305.3 to read as follows: ExceptionS: 1. Elevation of ignition source is not required for appliances that are listed as flammable vapor ignition resistant 2. CLOTHES DRYERS INSTALLED IN PRIVATE GARAGES. Revise Section 503.6.4, subsection 1 as follows: 1. Gas vents that are 12 inches (305 mm) or less in size and located not less than 8 feet(2438 mm)4 FEET (1219MM) from a vertical wall or similar obstruction shall terminate above the roof in accordance with Figure 503.6.4. TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: FEBRUARY 21, 2007 TO: HONORABLE MAYOR& COUNCIL FROM: Suzanne Smith, Building Safety Director 06 SUBJECT: ORDINANCE NO. (0) 07 ADOPTION OF 2006 INTERNATIONAL ENERGY CONSERVATION CODE AND AMENDMENTS THERETO. SUMMARY: The Town is currently enforcing the 2003 International Plumbing Code with local amendments. Traditionally, the Town and the other jurisdictions in the Greater Tucson region have followed a three year code adoption procedure since 1976. The 2006 editions of the International Codes represent changes made to the Codes over the past 3 years. The changes are primarily due to: 1. Errors in printed codes 2. Coordination between codes 3. Climate and geographical considerations 4. Life and health safety issues 5. Local community issues Over the last year, the International Codes have been under review by Town staff as well as the Code Development and Review Committee established by the Arizona Building Officials (AZBO), comprised of Arizona code officials and members of the construction community throughout the State. As a result, some amendments are being recommended for Council approval. In the interest of uniformity in the codes used and enforced throughout Arizona, it is the intent of many of the building departments throughout the state to adopt the 2006 International Codes and the AZBO Code Development and Review Committee's recommended amendments this year. The purpose of this Ordinance is to formally adopt the 2006 International Energy Conservation Code with local amendments. Approval will provide the Town of Oro Valley with amendments that will further assist in protecting the health, safety and welfare of the occupants of buildings constructed within the Town's boundaries. Approval will also assist in providing uniform code adoption and enforcement throughout the State, making it easier and less costly for municipalities, contractors, developers and the public at large to perform construction work. The International Codes are performance-oriented and designed to stimulate economic development through acceptance of innovative design and construction methods and encourage new materials and new construction technologies through acceptance of innovative designs. FISCAL IMPACT: There is no fiscal impact to the Town as a result of approving this ordinance. The purchase of new code books and the training costs associated with this adoption were included in the Building Safety Department's 2006- 2007 fiscal year budget. TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 2 of 2 RECOMMENDATION: Staff recommends that the Mayor and Council approve the adoption of the International Energy Conservation Code, 2006 edition with amendments thereto. SUGGESTED MOTION: I move to approve Ordinance No. (0) 07- 06 , the adoption of the International Energy Conservation Code, 2006 edition and amendments thereto, attached in Exhibit A. ATTACHMENTS: Ordinance No. (0) 07 - 06 , and Exhibit A attached thereto. Building Safe' t ire ctor -;h6n_ A sistant Town Manager 044/242. 41,10._ Town Manager 4lior ORDINANCE NO. (0) 07- 06 AN ORDINANCE OF THE TOWN OF ORO VALLEY, ARIZONA AMENDING CHAPTER 6, SECTION 6-1-9 ENTITLED "ENERGY CONSERVATION CODE" OTHERWISE KNOWN AS THE "2006 INTERNATIONAL ENERGY CONSERVATION CODE"; AND REPEALING ALL RESOLUTIONS, ORDINANCES, AND RULES OF THE TOWN OF ORO VALLEY IN CONFLICT THEREWITH; AND PRESERVING THE RIGHTS AND DUTIES THAT HAVE ALREADY MATURED AND PROCEEDINGS THAT HAVE ALREADY BEGUN THEREUNDER WHEREAS, 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 subdivision under the Constitution and laws of the State of Arizona and the United States; and WHEREAS, pursuant to ARS § 41-1346, this Ordinance is a public record with three copies of "Energy Conservation Code", otherwise known as the "2006 International Energy Conservation Code" on file in the office of the Town Clerk; and WHEREAS, on December 6, 1995, the Town Council approved Ordinance No. (0)95-85, which adopted that certain document entitled, "Oro Valley Town Code, Chapter 6, "Building", as the sixth chapter of the official Town Code; and WHEREAS, Chapter 6, Building, Section 6-1-9 is the Town of Oro Valley's Energy Conservation Code; and WHEREAS, on January 17, 2007, the Town Council adopted Resolution No. (R) 07-04, making that certain document entitled the "Energy Conservation Code" otherwise known as the "2006 International Energy Conservation Code", with amendments thereto a public record; and WHEREAS, changes made to the Energy Conservation Code were primarily due to errors in printed codes, coordination between codes, climate and geographic considerations, life and safety issues and local community issues. NOW, THEREFORE, BE IT ORDAINED by the Mayor and the Council of the Town of Oro Valley, Arizona that the certain document, known as "Energy Conservation Code" otherwise known as the "2006 International Energy Conservation Code" with amendments thereto is hereby adopted. NOW THEREFORE, BE IT FURTHER ORDAINED by the Mayor and Council of the Town of Oro Valley, Arizona as follows: %law F:\Building Safety\Suzanne\Council 1\2006 CODE ADOPTIONS\RESOLUTIONS AND ORDINANCES\Energy Conservation Code Ordinance 2007.doc Town of Oro Valley Attorney's Office/ca/012907 Section 1. Oro Valley Town Code, Section 6-1-9 is hereby amended with deletions in stfikethr-ougliand additions in all CAPS as follows: 6-1-9 Energy Conservation Code That certain document known as the THE TOWN OF ORO VALLEY'S ADOPTED ENERGY CONSERVATION CODE IS the . 2006 International Energy Conservation Code", 2003 Edition," AS AMENDED, as published by the International Code Council, Inc., and with . ----: -- -- . ::--:-: -- - : . - three copies of which are on file in the office of the Town Clerk of the Town of Oro Valley, Arizona. ,•• -• - :: . ---- •• • -- .: - . : . : - : : : • • . ► 0 1"/ • . A / t 1 4 -- -; • r . . .• r day of January 2005. Section 2. All Oro Valley Ordinances, Resolutions, or Motions and parts of Ordinances, Resolutions, or Motions of the Council in conflict with the provisions of this Ordinance are hereby repealed. Section 3. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. tklior PASSED AND ADOPTED by Mayor and Town Council, the Town of Oro Valley, Arizona, this 21st day of February , 2007. TOWN OF ORO VALLEY Paul H. Loomis, Mayor ATTEST: Kathryn E. Cuvelier, Town Clerk Date: APPROVED AS TO FORM: 41111, Melinda Garrahan, Town Attorney Date: F:\Building Safety\Suzanne\Council 1\2006 CODE ADOPTIONS\RESOLUTIONS AND ORDINANCES\Energy Conservation Code Ordinance 2007.doc Town of Oro Valley Attorney's Office/ca/012907 ATTACHMENT A 410 TOWN OF ORO VALLEY AMENDMENTS TO THE INTERNATIONAL ENERGY CONSERVATION CODE 2006 EDITION The following provisions of the International Energy Conservation Code, 2006 Edition, as published by the International Code Council, Inc., are hereby amended as follows: is Insert text at Section 101.1 where it requests [NAME JURISDICTION] as follows: 101.1 Title. This code shall be known as the International Energy Conservation Code of[THE TOWN OF ORO VALLEY], and shall be cited as such. It is referred to as "this code." TOWN OF ORO VALLEY e COUNCIL COMMUNICATION MEETING DATE: FEBRUARY 21, 2007 TO: HONORABLE MAYOR & COUNCIL FROM: Suzanne Smith, Building Safety Director SUBJECT: ORDINANCE NO. (0) 07 -0,7 ADOPTION OF 2006 INTERNATIONAL PROPERTY MAINTENANCE CODE AND AMENDMENTS THERETO. SUMMARY: The Town is currently enforcing the 2003 International Property Maintenance Code with local amendments. Traditionally, the Town and the other jurisdictions in the Greater Tucson region have followed a three year code adoption procedure since 1976. The 2006 editions of the International Codes represent changes made to the Codes over the past 3 years. The changes are primarily due to: 1. Errors in printed codes 2. Coordination between codes 3. Climate and geographical considerations 4. Life and health safety issues 5. Local community issues Over the last year, the International Codes have been under review by Town staff as well as the Code Development and Review Committee established by the Arizona Building Officials (AZBO), comprised of Arizona code officials and members of the construction community throughout the State. As a result, some amendments are being recommended for Council approval. In the interest of uniformity in the codes used and enforced throughout Arizona, it is the intent of many of the building departments throughout the state to adopt the 2006 International Codes and the AZBO Code Development and Review Committee's recommended amendments this year. The purpose of this Ordinance is to formally adopt the 2006 International Property Maintenance Code with local amendments. Approval will provide the Town of Oro Valley with amendments that will further assist in protecting the health, safety and welfare of the occupants of buildings constructed within the Town's boundaries. Approval will also assist in providing uniform code adoption and enforcement throughout the State, making it easier and less costly for municipalities, contractors, developers and the public at large to perform construction work. The International Codes are performance-oriented and designed to stimulate economic development through acceptance of innovative design and construction methods and encourage new materials and new construction technologies through acceptance of innovative designs. FISCAL IMPACT: There is no fiscal impact to the Town as a result of approving this ordinance. The purchase of new code books and the training costs associated with this adoption were included in the Building Safety Department's 2006- 2007 fiscal year budget. TOWN OF ORO VALLEY 'OUNCIL COMMUNICATION Page 2 of 2 RECOMMENDATION: Staff recommends that the Mayor and Council approve the adoption of the International Property Maintenance Code, 2006 edition with amendments. SUGGESTED MOTION: I move to approve Ordinance No. (0) 07- 07 , declaring the International Property Maintenance Code, 2006 edition and amendments attached in Exhibit A. ATTACHMENTS: Ordinance No. (0) 07 - 07 , and Exhibit A attached thereto. /A& galk Building af- t irector Assistant Town Manager d4;ii Town Manager ORDINANCE NO. (0) 07 - 07 AN ORDINANCE OF THE TOWN OF ORO VALLEY, ARIZONA AMENDING CHAPTER 6, SECTION 6-1-10 ENTITLED "PRO PERTY MAINTENANCE CODE" OTHERWISE KNOWN AS THE "2006 INTERNATIONAL PROPERTY MAINTENANCE CODE" AND AMENDMENTS THERETO; AND REPEALING ALL RESOLUTIONS, ORDINANCES, AND RULES OF THE TOWN OF ORO VALLEY IN CONFLICT THEREWITH; AND PRESERVING THE RIGHTS AND DUTIES THAT HAVE ALREADY MATURED AND PROCEEDINGS THAT HAVE ALREADY BEGUN THEREUNDER WHEREAS, 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 subdivision under the Constitution and laws of the State of Arizona and the United States; and WHEREAS, pursuant to ARS § 41-1346, this Ordinance is a public record with three copies of "Property Maintenance Code", otherwise known as the "2006 International Property Maintenance Code"with amendments thereto on file in the office of the Town Clerk; and WHEREAS, on December 6, 1995, the Town Council approved Ordinance No. (0)95-85, which adopted that certain document entitled, "Oro Valley Town Code, Chapter 6, "Building", as the sixth chapter of the official Town Code; and WHEREAS, Chapter 6, Building, Section 6-1-10 is the Town of Oro Valley's Property Maintenance Code; and WHEREAS, on January 17, 2007, the Town Council adopted Resolution No. (R) 07-09, making that certain document entitled the "Property Maintenance Code" otherwise known as the "2006 International Property Maintenance Code", with amendments thereto a public record; and WHEREAS, changes made to the Property Maintenance Code were primarily due to errors in printed codes, coordination between codes, climate and geographic considerations, life and health safety issues and local community issues. NOW, THEREFORE, BE IT ORDAINED by the Mayor and the Council of the Town of Oro Valley, Arizona that the certain document, known as "Property Maintenance Code" otherwise known as the "2006 International Property Maintenance Code" as amended thereto is hereby adopted. NOW THEREFORE, BE IT FURTHER ORDAINED by the Mayor and Council of the Town of Oro Valley, Arizona as follows: ihoor F:\Building Safety\Suzanne\Council 1\2006 CODE ADOPTIONS\RESOLUTIONS AND ORDINANCES\International Property Maintenance Code Ordinance 2007.doc Town of Oro Valley Attorney's Office/ca/012907 Section 1. Oro Valley Town Code, Section 6-1-10 is hereby amended with deletions in stfiketiffeugli and additions in all CAPS as follows: 6-1-10 Property Maintenance Codes -. - .'- :: . -- - - : •• - . THE TOWN OF ORO VALLEY'S ADOPTED PROPERTY MAINTENANCE CODE IS the "2006 International Property Maintenance Code, 2003 Edition," as published by the International Code Council, Inc., and with amendEDments appended thereto as Exhibit A, three copies of which are on file in the office of the Town Clerk of the Town of Oro Valley, Arizona., which document was made a public record by Resolution No. (R)04 75 on ,4 $ • -- -- - -r - • - -• -• -- •- - - -- - - - - - ordinance, any provisions thereof to become effective on the 20th day of January 2005. Section 2. All Oro Valley Ordinances, Resolutions, or Motions and parts of Ordinances, Resolutions, or Motions of the Council in conflict with the provisions of this Ordinance are hereby repealed. Section 3. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. PASSED AND ADOPTED by Mayor and Town Council, the Town of Oro Valley, Arizona, this 21St day of February 2007. TOWN OF ORO VALLEY Paul H. Loomis, Mayor ATTEST: APPROVED AS TO FORM: Kathryn E. Cuvelier, Town Clerk Melinda Garrahan, Town Attorney Date: Date: F:\Building Safety\Suzanne\Council l\2006 CODE ADOPTIONS\RESOLUTIONS AND ORDINANCES\International Property Maintenance Code Ordinance 2007.doc Town of Oro Valley Attorney's Oflice/ca/012907 ATTACHMENT A TOWN OF ORO VALLEY AMENDMENTS TO THE INTERNATIONAL PROPERTY MAINTENANCE CODE 2006 EDITION The following provisions of the International Property Maintenance Code, 2006 Edition, as published by the International Code Council, Inc., are hereby amended as follows: At Section 101.1, insert [TOWN OF ORO VALLEY] where text requests [NAME OF JURISDICTION]. Revise Section 103 as follows: SECTION 103 DEPARTMENT OF ' ' ! ' :. ' II A IAT ,L • :. . ' :. ! BUILDING SAFETY 103.1 General. The Department of property maintenance inspection BUILDING SAFETY is hereby created and the executive official in charge thereof shall be known as the code official. Revise Section 103.5 as follows: 103.5 Fees. The fees for activities and services performed by the department in carrying out its responsibilities under this code shall be as indicated in the following schedule IN ACCORDANCE %VP WITH THE TOWN OF ORO VALLEY BUILDING VALUATION DATA SCHEDULE AND FEE SCHEDULES AS ESTABLISHED BY THE TOWN OF ORO VALLEY. [JURISDICTION TO INSERT APPROPRIATE SCHEDULE] Delete Section 111 in its entirety and substitute Section 112 in its entirety of the International Building Code 2006 edition with Amendments thereto. CHAP E R Revise Section 302.4 as follows: All premises and exterior property shall be maintained free of weed or plant growth in excess of(jurisdiction to insert height in inches) IN A MANNER THAT WILL PREVENT FLOWERING AND RE- GERMINATION. (remainder of text to remain unchanged). Revise section 303.2 as follows: 303.2 Enclosures.Private swimming pools,hot tubs and spas, containing water more than 24 inches(610 mm) in depth shall HAVE be completely surrounded by a fence AN ENCLOSURE or barrier . -. 4 : •• of the gate IN ACCORDANCE WITH THE TOWN OF ORO VALLEY POOL/SPA CODE. Self-closing and self-latching gates AND DOORS shall be maintained such that the gate OR DOOR will positively close and latch when released from an open position of 6 inches(152 mm)from the gate post OR DOOR JAMB.No existing pool enclosure shall be removed, replaced or changed in a manner that reduces its effectiveness as a safety barrier WITHOUT FIRST OBTAINING A PERMIT TO DO SO. Revise Section 304.14 as follows: 304.14 Insect screens. During the period from{DATE] to [DATE], eEvery door, window and other outside opening required for ventilation of habitable rooms, food preparation areas, food service areas or any areas where products to be included or utilized in food for human consumption are processed, manufactured, processed, or stored shall be supplied with approved tightly fitting screens of not less than 16 mesh per inch(16 mesh per 25 mm), and every screen door used for insect control shall have a self-closing device in good working condition. Y.\..F 1...: .o. f: 4..:R 6 In Sections 602.3 and 602.4, where it requests [DATE] to [DATE]; insert [OCTOBER 1ST] TO I7VTARCH 31sT]. Revise section 604.2 as follows: 604.2 Service. The size and usage of appliances and equipment shall serve as a basis for determining the need for additional facilities in accordance with the ICC NATIONAL Electrical Code.Dwelling units shall be served by a three-wire, 120/240 volt, single phase electrical service having a rating of not less than 60 amperes ' PRESCRIBED BY THE NATIONAL ELECTRICAL CODE. Revise Sections 605.2 and 605.3 by deleting the text in its entirety and substituting the following: 605.2 (605.3) RECEPTACLES AND LUIVIINAIRES. RECEPTACLES AND LUMINAIRES SHALL BE INSTALLED AS REQUIRED BY THE NATIONAL ELECTRICAL CODE. "....,..I ...?: ,'fes Revise sections 702.1 and 702.2 as follows: SUBSTITUTE THE "INTERNATIONAL BUILDING CODE" IN EACH LOCATION THAT THE "INTERNATIONAL FIRE CODE"IS REFERENCED. TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: FEBRUARY 21, 2007 TO: HONORABLE MAYOR& COUNCIL FROM: Suzanne Smith, Building Safety Director SUBJECT: ORDINANCE NO. (0) 07 98, ADOPTION OF 2005 NATIONAL ELECTRIC CODE AND THE 2006 ICC ELECTRICAL CODE — ADMINISTRATIVE PROVISIONS AND AMENDMENTS THERETO. SUMMARY: The Town is currently enforcing the 2002 edition of the National Electric Code (NEC) and the 2003 International Code Council Electrical Code (ICCEC) Administrative Provisions with the Town of Oro Valley Amendments. Traditionally, the Town and the other jurisdictions in the Greater Tucson region have followed a three year code adoption procedure since 1976. The 2005 NEC and 2006 ICCEC represent changes made to the Codes over the past 3 years. The changes are primarily due to: 1. Errors in printed codes 2. Coordination between codes 3. Climate and geographical considerations 4. Life and health safety issues 5. Local community issues Over the last year, the 2005 NEC and the 2006 ICCEC have been under review by Town staff as well as the Code Development and Review Committee established by the Arizona Building Officials (AZBO), comprised of Arizona code officials and members of the construction community throughout the State. As a result, some amendments are being recommended for Council approval. In the interest of uniformity in the codes used and enforced throughout Arizona, it is the intent of many of the building departments throughout the state to adopt the 2005 NEC, the 2006 International Codes, and the AZBO Code Development and Review Committee's recommended amendments this year. The purpose of this Ordinance is to formally adopt the 2005 National Electric Code and the 2006 International Code Council Electrical Code Administrative Provisions with local amendments. Approval will provide the Town of Oro Valley with amendments that will further assist in protecting the health, safety and welfare of the occupants of buildings constructed within the Town's boundaries. Approval will also assist in providing uniform code adoption and enforcement throughout the State, making it easier and less costly for municipalities, contractors, developers and the public at large to perform construction work. The International Codes are performance-oriented and designed to stimulate economic development through acceptance of innovative design and construction methods and encourage new materials and new construction technologies through acceptance of innovative designs. tk FISCAL IMPACT: here is no fiscal impact to the Town as a result of approving this ordinance. The purchase of new code books and the training costs associated with this adoption were included in the Building Safety Department's 2006- 2007 fiscal year budget. TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 2 of 2 RECOMMENDATION: the Staff recommends that the Mayor and Council approveadoption of the National Electric Code, 2005 edition with amendments and the International Code Council Electrical Code - Administrative Provisions, 2006 edition with amendments. SUGGESTED MOTION: theadoption of the National Electric Code, 2005 I move to approve Ordinance No. (0) 07- 08 , p edition with amendments and the International Code Council Electrical Code - Administrative Provisions, 2006 edition with amendments attached in Exhibit A. ATTACHMENTS: Ordinance No. (0) 07 - 08 , and Exhibit A attached thereto. 1. }� Building Sa ty Director Assistant Town Manager /14124;{ antliss‘4,, Town Manager ORDINANCE NO. (0) 07- 08 AN ORDINANCE OF THE TOWN OF ORO VALLEY, ARIZONA AMENDING CHAPTER 6, ARTICLE 6-2 ENTITLED "ELECTRICAL CODE" OTHERWISE KNOWN AS THE "2 005 NATIONAL ELECTRIC CODE" AND AMENDMENTS THERETO, AND THE "2006 INTERNATIONAL CODE COUNCIL ELECTRICAL CODE - ADMINISTRATIVE PROVISIONS" WITH AMENDMENTS THERETO; AND REPEALING ALL RESOLUTIONS, ORDINANCES, AND RULES OF THE TOWN OF ORO VALLEY IN CONFLICT THEREWITH; AND PRESERVING THE RIGHTS AND DUTIES THAT HAVE ALREADY MATURED AND PROCEEDINGS THAT HAVE ALREADY BEGUN THEREUNDER WHEREAS, 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 subdivision under the Constitution and laws of the State of Arizona and the United States; and WHEREAS, pursuant to ARS § 41-1346, this Ordinance is a public record with three copies of "Electrical Code", otherwise known as the "2005 National Electric Code" with amendments thereto and the "2006 International Code Council Electrical Code - Administrative Provisions" with amendments thereto on file in the office of the Town Clerk; and WHEREAS, on December 6, 1995, the Town Council approved Ordinance No. (0)95-85, which adopted that certain document entitled, "Oro Valley Town Code, Chapter 6, "Building", as the sixth chapter of the official Town Code; and WHEREAS, Chapter 6, Building, Article 6-2 is the Town of Oro Valley's Electrical Code; and WHEREAS, on January 17, 2007, the Town Council adopted Resolution No. (R) 07-02, making that certain document entitled the "Electrical Code" otherwise known as the "2005 National Electric Code", with amendments thereto and the "2006 International Code Council Electrical Code-Administrative Provisions"with amendments thereto a public record; and WHEREAS, changes made to the Electrical Code were primarily due to errors in printed codes, coordination between codes, climate and geographic considerations, life and safety issues and local community issues. NOW, THEREFORE, BE IT ORDAINED by the Mayor and the Council of the Town of Oro Valley, Arizona that the certain document, known as "Electrical Code" otherwise known as the "2005 National Electric Code" as amended and the "2006 International Code Council Electrical Code-Administrative Provisions"with amendments thereto is hereby adopted. ‘itsr- F:\Building Safety\Suzanne\Council t\2006 CODE ADOPTIONS\RESOLUTIONS AND ORD[NANCES\National Electric Code Ordinance 2007.doc Town of Oro Valley Attorney's Office/ca/012907 NOW THEREFORE, BE IT FURTHER ORDAINED by the Mayor and Council of the Town of Oro Valley, Arizona as follows: Section 1. Oro Valley Town Code, Article 6-2 is hereby amended with deletions in and additions in all CAPS as follows: 6-2-1 Electrical Codes as THE TOWN OF ORO That certain document known VALLEY'S ADOPTED. IS the " "2005 National Electrical Code" 2002 Edition, • - • 'o ELECTRICAL CODE "2006 INTERNATIONAL CODE COUNCIL AS AMENDED and the appended thereto, ELECTRICAL CODE — ADMINISTRATIVE PROVISIONS„ as amended, three copies of Town Clerk of the Town of Oro Valley, Arizona. , which which are on file in the office of the . 11 •. .• . - . . - •. .. .. • • ♦ • / 914, •- -- . - • •• ordinance,• • any pro-visions thereof to bec:--- - - • . =' .- '- . :. • ° . . .' . ces Resolutions, or Motions and parts of Ordinances, Section 2. All Oro Valley Ordinances, Resolutions, or Motions of the Council in conflict with the provisions of this Ordinance are =h. hereby repealed. sentence, clause, phrase or portion of this Ordinance is Section 3. If any section, subsection, or unconstitutional by the decision of any court of competent for any reason held to be invalid . jurisdiction, affect the of the remaining portions thereof. such decision shall not validity PASSED AND ADOPTED by Mayor and Town Council, the Town of Oro Valley, Arizona, this 21St day of February , 2007. TOWN OF ORO VALLEY Paul H. Loomis, Mayor ATTEST: APPROVED AS TO FORM: Kathryn E. Cuvelier, Town Clerk Melinda Garrahan, Town Attorney Date: Date: F:\Buildutg Safety\Suzanne\Council 1\2006 CODE ADOPTIONS\RESOLUTIONS AND ORDINANCES\National Electric Code Ordinance 2007.doc Town of Oro Valley Attorney's Office/ea/012907 EXHIBIT A ATTACHMENT A TOWN OF ORO VALLEY AMENDMENTS TO THE NATIONAL ELECTRICAL CODE 2005 EDITION The following provisions of the National Electrical Code, 2005 Edition, as published by the National Fire Protection Association, Inc., are hereby amended as follows: C?S...%.APTE R.2 Article 210.5. Change paragraph(C) to read: (C) Ungrounded Conductors. Branch circuits shall conform to the following color code. Volts System Phase A Phase B Phase C Grounded Conductor Phase WYE Black Red Blue White.....x......... 120/208 3 � ......v.....:....... ................:..... . ::....�.K....Nw.:..v.�:.w.�...��...._:A....w.�.z.�.vx..:.�...:....wnwx.:.......� ....w�..:: 277/480 I 3 t WYE Brown I Orange i Yellow rey 120/240 1 3 DELTA Black Orange Red white Exception No. 1: The above color coding is not required in residential occupancies. p Industrial occupancies holding a Registered Plant Permit may use their own coding Exception No. 2: system. Exception n No. 3: Additions to an existing electrical system, where an acceptable color coding system exists, the existing color coding system shall be continued. Add new number(4) to article 210.11 (C) (4) DISHWASHER AND GARBAGE DISPOSER BRANCH CIRCUITS DWELLING UNITS. IN SINGLE FAMILY RESIDENTIAL OCCUPANCIES, A DISHWASHER AND GARBAGE DISPOSER MAY BE ON THE SAME 20 AMPERE BRANCH CIRCUIT. Revise Article 210.8. as follows: DwellingUnits. All 125-volt, single-phase, 15- and 20-ampere receptacles installed in (B) Other than . specified in (1) throu h (5) shall have ground-fault circuit-interrupter protection for the locations g personnel. (No change to items 1 through 4). Insert new number 6. (6) CONVENIENCE RECEPTACLES LOCATED WITHIN 6 FT (1.8 M) OF ANY SINK OR WASHBASIN. Revise Article 225.32 by adding exception No. 5: EXCEPTION NO. 5: FOR FREESTANDING CANOPIES, CARPORTS, TOWERS, AND SIMILAR STRUCTURES, A BRANCH CIRCUIT DISCONNECTING MEANS SHALL BE PERMITTED TO BE LOCATED ELSEWHERE ON THE PREMISES. A BONDING CONDUCTOR SIZED PER SECTION 250.122 SHALL BE RUN WITH THE CIRCUIT CONDUCTORS. Revise Article 230.40 by deleting exception No. 1 and replace with: EXCEPTION NO. 1: FOR MULTIPLE-OCCUPANCY BUILDINGS, NOT MORE THAN TWO GROUPS OF ONE TO SIX DISCONNECTS SHALL BE PERMITTED TO BE TAPPED FROM A SINGLE SERVICE DROP OR SET OF SERVICE LATERAL CONDUCTORS. WHEN MOUNTED IN INDIVIDUAL ENCLOSURES, THE GROUPS OF ONE TO SIX DISCONNECTS SHALL BE SEPARATED BY NOT LESS THAN TWO FEET. WHEN PART OF A MANUFACTURED GANGABLE METER CENTER (CABLE TERMINAL BOX AND METER/DISCONNECT SECTION BUSSED TOGETHER), A READILY IDENTIFIABLE SEPARATION SHALL EXIST BETWEEN THE TWO GROUPS ON ONE TO SIX DISCONNECTS. Add New Article 230.63 as follows: 230.63. LOCATION. ALL SERVICE EQUIPMENT RATED 1000 AMPERES OR MORE LOCATED INSIDE A BUILDING SHALL BE ENCLOSED WITHIN A ROOM OR SPACE SEPARATED FROM THE REST OF THE BUILDING BY NOT LESS THAN ONE-HOUR FIRE- RESISTIVE OCCUPANCY SEPARATION OR FIRE BARRIER INSTALLED IN COMPLIANCE WITH THE INTERNATIONAL BUILDING CODE. Article 230.70(B). Add two sentences to the subsection to read: THE MARKINGS SHALL BE OF SUFFICIENT DURABILITY TO WITHSTAND THE ENVIRONMENT INVOLVED. IDENTIFYING LABELS REQUIRED FOR DISCONNECTING MEANS SHALL HAVE ENGRAVED OR RAISED LETTERS AND BE SECURED BY SCREWS OR RIVETS (PLASTIC TAPE SHALL NOT BE CONSIDERED DURABLE MATERIAL). (IOW (-11..0)11:R Revise Article 310.15 (B) (6) as follows: 120/240-Volt and 120/208-volt, 3-Wire, Single-Phase Dwelling Services and Feeders. For individual dwelling units, of one family, two family and multi family conductors as listed in Table 310-15(B)(6), shall be permitted as 120/240-volt and 120/208 volt, 3-wire, single-phase-service-entrance conductors, service lateral conductors, and feeder conductors that serve as the main power feeder to each dwelling unit and are installed in raceway or cable with or without an equipment grounding conductor. For application of this section, the main power feeder shall be the feeder(s) between the main disconnect and the lighting and appliance branch-circuit panelboard(s). The feeder conductors to a dwelling unit shall not be required to have an allowable ampacity rating greater BE LARGER than their service-entrance conductors. The grounded conductor shall be permitted to be smaller than the ungrounded conductors, provided the requirements of Sections 215.2, 220.61, and 230.42 are met. FPN: for single-phase panels fed from a 3-phase system, the grounded conductor cannot be reduced in size for a 120/208-volt system, see 220.22 Revise Article 312.5 (C) to add a 2nd exception as follows: EXCEPTION #2: WHERE SURFACE MOUNTED PANELBOARDS ARE UTILIZED, WHERE TOP OR BOTTOM ENTRY OF CONDUCTORS IS IMPRACTICAL, THEY MAY BE INSTALLED WITH ENTRY THROUGH THE BACK OF THE PANELBOARD WHEN ALL OF THE FOLLOWING CONDITIONS ARE MET: (A)THE HOLE THROUGH WHICH THE CONDUCTORS PASS MUST PROTECT THE CONDUCTORS FROM ABRASION. (B)THE CONDUCTORS SHALL REMAIN FULLY SHEATHED AND EXTEND NOT LESS THAN Y4 INCH (6 MM) INSIDE THE PANEL ENCLOSURE. (C)THE CONDUCTORS MUST BE EFFECTIVELY SECURED WITHIN 8 INCHES (200 MM) OF THE PANELBOARD OPENING. (D)THE OPENING MUST BE SEALED WITH A FIRE RATED MATERIAL OF NOT LESS THAN ONE HOUR RATING. Revise Article 334.10 as follows: Type NM,Type NMC, and Type NMS cables shall be permitted to be used in the following: 1. One- and two-family dwellings, MULTIFAMILY DWELLINGS, AND OTHER RESIDENTIAL ACCESSORY STRUCTURES 2. Delete in its entirety. (Items 3 &4 to remain unchanged) Revise Article 334.12 as follows: 334.12. Uses Not Permitted. (A)Types NM, NMC, and NMS. Types NM,NMC, and NMS cables shall not be permitted as follows: 1. In any dwelling or structure not specifically permitted in 334.10(1),(2), and(3) 2. - •• -• •• • ••••• • •••••• • •• •• • •• •• • =•• •• • ••• • •.• (Re-number due to deletion with balance of article to remain un-changed) Add a new Subsection#7 to Article 358.12 as follows: (7) ON OR BELOW GRADE Revise Article 501.30 (B)by deleting the exception in its entirety Revise Article 502.30 (B)by deleting the exception in its entirety Revise Article 503.30 (B)by deleting the exception in its entirety Add a sentence to the end of Article 680.26 (C)(3)(b)to read as follows: FPN: WHERE AN APPROVED DESIGN DOES NOT REQUIRE REINFORCING IN THE POOL SHELL OR DECK THIS SECTION DOES NOT REQUIRE THAT REINFORCING STEEL BE PROVIDED. .;Y'..:HAP r E Add new Article 725.12 to read: SEC. 725.12. LOCATION OF POWER SUPPLIES AND TRANSFORMERS. (A) ACCESSIBILITY. CLASS 1, CLASS 2 AND CLASS 3 POWER SUPPLIES AND TRANSFORMERS SHALL BE ACCESSIBLE. (B)PROHIBITED LOCATIONS. 1)IN ANY CLOSET OR SPACE WHERE LOCATED CLOSER THAN 6 INCHES FROM THE EDGE OF A SHELF. Delete Annex G Administration and Enforcement in its entirety (refer to ICC Electric Code, 2006 as amended) ATTACHMENT A TOWN OF ORO VALLEY AMENDMENTS TO THE INTERNATIONAL CODE COUNCIL ELECTRIC CODE 2006 EDITION Thefollowing provisions of the ICC Electric Code, 2006 Edition, as published by the International Code Council, Inc., are hereby amended as follows: CHAP At Section 101.1 enter [TOWN OF ORO VALLEY] where [NAME OF JURISDICTION] is requested. Revise Section 102.6 as follows: 102.6 Referenced codes and standards. The codes and standards referenced in this code shall be those p that are listed in Chapter 13 and such codes and standards shall be considered part of the requirements of prescribed the ibed extent of each such reference. Where differences occur between provisions of this code top this code and the referenced codes or standards, the MOST RESTRICTIVE provisions shall apply. Exception: Where enforcement of a code provision would violate the listing of the equipment or appliance, the condition of the listing and manufacturer's instructions shall apply. CPIT2 <r . Revise Section 201.4 as follows: 201.4 Terms not defined. Where terms are not defined through the methods authorized by this section, such terms shall have ordinarilyaccepted meanings such as the context applies. MERRIAM WEBSTER'S COLLEGIATE DICTIONARY, 11TH EDITION, SHALL BE CONSIDERED AS PROVIDING ORDINARILY ACCEPTED MEANINGS. At Section 404.2 where it requests [JURISDICTION TO INSERT APPROPRIATE SCHEDULE]; insert the following [TOWN OF ORO VALLEY BUILDING VALUATION DATA AND FEE SCHEDULES] Revise Section 404.3 as follows: permit Work commencingbefore issuance. Any person who commences any work before obtainingthe necessary permits shall be subject to an additional fee established by the code official, which shall be in addition to the required permit fees. THIS FEE SHALL BE EQUAL TO THE AMOUNT OF THE PERMIT FEE REQUIRED BY THE ADOPTED FEE SCHEDULE. THE PAYMENT OF SUCH FEE SHALL NOT EXEMPT AN APPLICANT FROM COMPLIANCE WITH ALL OTHER PROVISIONS OF THIS CODE AND/OR OTHER ORDINANCES AND REQUIREMENTS NOR FROM ANY PENALTIES PRESCRIBED BY LAW. FINAL BUILDING PERMIT VALUATION SHALL BE SET BY THE BUILDING OFFICIAL. Revise Section 404.5 as follows: 404.5 Refunds. The eede BUILDING official is authorized to establish a refundp olicy. SHALL BE PERMITTED TO AUTHORIZE REFUNDING OF NOT MORE THAN 80 PERCENT OF THE PERMIT FEE PAID WHEN NO WORK HAS BEEN DONE UNDER A PERMIT ISSUED IN ACCORDANCE WITH THIS CODE AND THE PERMIT HAS NOT EXPIRED. THE BUILDING OFFICIAL SHALL BE PERMITTED TO AUTHORIZE REFUNDING OF NOT MORE THAN 80 PERCENT OF THE PLAN REVIEW FEE PAID WHEN AN APPLICATION FOR A PERMIT FOR WHICH A PLAN REVIEW FEE HAS BEEN PAID IS WITHDRAWN OR CANCELED BEFORE ANY EXAMINATION TIME HAS BEEN EXPENDED, AND THE APPLICATION HAS NOT EXPIRED. THE BUILDING OFFICIAL SHALL NOT BE PERMITTED TO AUTHORIZE REFUNDING OF ANY FEE PAID EXCEPT UPON WRITTEN APPLICATION FILED BY THE ORIGINAL PERMITTEE. Delete Subsection 502.2.2 in its entirety. Add this sentence to the end of Section 504.1 as follows: DEFERRED SUBMITTALS SHALL BE ASSESSED A SEPARATE PLAN REVIEW FEE BASED UPON THE HOURLY RATE AS LISTED IN THE ORO VALLEY BUILDING PERMIT FEES (FOOTNOTE 4). Revise Section 603.5 as follows: 603.5 Construction documents. The registered design professional shall submit to the code official two complete sets THE NUMBER of signed and sealed construction documents for the alternative engineered design AS REQUIRED BY THE JURISDICTION. The construction documents shall include floor plans, and a diagram of the work, AND ANY OTHER PERTINENT INFORMATION OR PLAN SHEETS NECESSARY TO DETERMINE COMPLIANCE WITH THE APPLICABLE CODES AND ORDINANCES. Add Subsection 1101.3 as follows: 1101.3 QUALIFICATIONS: THE BOARD OF APPEALS SHALL CONSIST OF MEMBERS WHO ARE QUALIFIED BY EXPERIENCE AND TRAINING TO PASS ON MATTERS PERTAINING TO BUILDING CONSTRUCTION AND ARE NOT EMPLOYEES OF THE JURISDICTION. Delete Sections 1102 and 1103 in their entirety Revise Section 1202.14 as follows: door labeling. Doors into electrical rooms shall be marked with a plainly [F] 1202.14 Equipment and g visible and legible signstating ELECTRICAL ROOM or similar approved wording. The disconnecting. or branch circuit originating on a switchboard or panelboard shall be means for each service, feeder, legiblyisclearly and durablymarked to indicate its purpose unless such purpose cle y evident. THE BE OF SUFFICIENT DURABILITY SHALL ILITY TO WITHSTAND THE ENVIRONMENT INVOLVED. IDENTIFYING LABELS REQUIRED FOR DISCONNECTING ENGRAVED OR RAISED LETTERS AND SHALL HAVE ND BE SECURED BY SCREWS OR RIVETS (PLASTIC TAPE SHALL NOT BE CONSIDERED DURABLE MATERIAL). Revise Subsection 1203.1.1 as follows: [PM] 1203.1.1 Service. The g appliances sizeand usage of a liances and equipment shall serve as a basis for � units shall be served inin the need for additional facilities in accordance with this code. Dwelling determining 40 volt single-phase electrical service having a rating of not less than 60 100 amps. by a three-wire, 120/2 1gTOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: FEBRUARY 21, 2007 TO: HONORABLE MAYOR& COUNCIL FROM: Suzanne Smith, Building Safety Director 09 SUBJECT: ORDINANCE NO. (0) 07 - , ADOPTION OF 2006 INTERNATIONAL MECHANICAL CODE AND AMENDMENTS THERETO. SUMMARY: The Town is currently , enforcing the 2003 International Mechanical Code with local amendments. Traditionally, the Town and the otherjurisdictions in the Greater Tucson region have followed a three year code adoption procedure since 1976. The 2006 editions of the International Codes represent changes made to the Codes over the past 3 years. The changes are primarily due to: 1. Errors in printed codes 2. Coordination between codes 3. Climate and geographical considerations 4. Life and health safety issues 5. Local community issues •ver the last year, the International Codes have been under review by Town staff as well as the Code Development and Review Committee established by the Arizona Building Officials (AZBO), comprised of p Arizona code officials and members of the construction community throughout the State. As a result, some amendments are being recommended for Council approval. In the interest of uniformity in the codes used and enforced throughout Arizona, it is the intent of many of the building departments throughout the state to adopt p the 2006 International Codes and the AZBO Code Development and Review Committee's recommended amendments this year. The purpose of this Ordinance is to formally adopt the 2006 International Mechanical Code with local amendments. Approval will provide the Town of Oro Valley with amendments that will further assist in protecting the health, safety and welfare of the occupants of buildings constructed within the Town's boundaries. Approval will also assist in providing uniform code adoption and enforcement throughout the State, making it easier and less costly for municipalities, contractors, developers and the public at large to perform construction work. The International Codes are performance-oriented and designed to stimulate economic development through acceptance of innovative design and construction methods and encourage new materials and new construction technologies through acceptance of innovative designs. FISCAL IMPACT: a where is no fiscal impact to the Town as a result of approving this ordinance. The purchase of new code books d the training costs associated with this adoption were included in the Building Safety Department's De artment's 2006- 2007 fiscal year budget. TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 2 of 2 RECOMMENDATION: rove the ado tion of the International Mechanical Code, 2006 Staff recommends that the Mayor and Council approve p edition with amendments. SUGGESTED MOTION: I move to approve Ordinance No. (0) 07- 09 , adoption dop tion of the International Mechanical Code, 2006 edition and amendments thereto, attached in Exhibit A. ATTACHMENTS: Ordinance No. (0) 07 - 09 , and Exhibit A attached thereto. AlleAPAO)lif Bui din_ Saf- Director --)/re;tN, ssistant Town Manager Town Manager Stow ORDINANCE NO. (0) 0709 AN ORDINANCE OF THE TOWN OF ORO VALLEY, ARIZONA AMENDING CHAPTER 6, ARTICLE 6-3 ENTITLED "MEC HANICAL CODE" OTHERWISE KNOWN AS THE "2006 INTERNATIONAL MECHANICAL CODE" AND AMENDMENTS THERETO; AND REPEALING ALL RESOLUTIONS, ORDINANCES, AND RULES OF THE TOWN OF ORO VALLEY IN CONFLICT THEREWITH; AND PRESERVING THE RIGHTS AND DUTIES THAT HAVE ALREADY MATURED AND PROCEEDINGS THAT HAVE ALREADY BEGUN THEREUNDER WHEREAS, 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 subdivision under the Constitution and laws of the State of Arizona and the United States; and WHEREAS, pursuant to ARS § 41-1346, this Ordinance is a public record with three copies of "Mechanical Code", otherwise known as the "2006 International Mechanical Code" with amendments thereto on file in the office of the Town Clerk; and WHEREAS, on December 6, 1995, the Town Council approved Ordinance No. (0)95-85, which adopted that certain document entitled, "Oro Valley Town Code, Chapter 6, "Building", as the sixth chapter of the official Town Code; and WHEREAS, Chapter 6, Building, Article 6-3 is the Town of Oro Valley's Mechanical Code; and WHEREAS, on January 17, 2007, the Town Council adopted Resolution No. (R) 07-07, making that certain document entitled the "Mechanical Code" otherwise known as the "2006 International Mechanical Code", with amendments thereto a public record; and WHEREAS, changes made to the Mechanical Code were primarily due to errors in printed codes, coordination between codes, climate and geographic considerations, life and health safety issues and local community issues. NOW, THEREFORE, BE IT ORDAINED by the Mayor and the Council of the Town of Oro Valley, Arizona that the certain document, known as "Mechanical Code" otherwise known as the "2006 International Mechanical Code" as amended thereto is hereby adopted. NOW THEREFORE, BE IT FURTHER ORDAINED by the Mayor and Council of the Town of Oro Valley, Arizona as follows: F:\Building Safety\Suzanne\Council 1\2006 CODE ADOPTIONS\RESOLUTIONS AND ORDINANCES\Intemational Mechanical Code Ordinance 2007.doc Town of Oro Valley Attorney's Office/ca/012907 Section 1. Oro Valley Town Code, Article 6-3 is hereby amended with deletions in str-ikethfeugh and additions in all CAPS as follows: 6-3-1 Mechanical Codes as THE TOWN OF ORO That certain document knownVALLEY'S ADOPTED„ MECHANICAL CODE IS the "2006 International Mechanical Code, 2003 Edition, as - • --0 - • -_ - • • •:-• ;: ;. - ' , - . . -: • - amendEDments appended thereto as Exhibit A, three copies of which are on file in the office of the Town Clerk of the Town of Oro Valle .� .. - - - - - . � - - • :- � G. - - -. y Arizona. -• - :5 . ---- .. •; • - : ; - • ValleyOrdinances, Resolutions, or Motions and parts of Ordinances, • Section 2. All Oro Resolutions, or Motions s of the Council in conflict with the provisions of this Ordinance are hereby repealed. Section 3. If any section, subsection,ecticlause, phrase or portion of this Ordinance is for sentence, be invalid or unconstitutional by the decision of any court of competent any reason held to jurisdiction, such decision shall not affect the validity of the remaining portions thereof. PASSED AND ADOPTED Mayor byMa or and Town Council, the Town of Oro Valley, Arizona, this 21st day of February , 2007. TOWN OF ORO VALLEY Paul H. Loomis, Mayor ATTEST: APPROVED AS TO FORM: Kathryn E. Cuvelier, Town Clerk Melinda Garrahan, Town Attorney Date: Date: F:\Building Safety\Suzanne\Council 1\2006 CODE ADOPTIONS\RESOLUTIONS AND ORDINANCES\lnternational Mechanical Code Ordinance 2007.doc Town of Oro Valley Attorney's Office/ea/012907 ATTACHMENT A TOWN OF ORO VALLEY AMENDMENTS TO THE INTERNATIONAL MECHANICAL CODE 2006 EDITION The following provisions of the International Mechanical Code, 2006 Edition, as published by the International Code Council, Inc., are hereby amended as follows: At Section 101.1,revise text to read as follows: "These regulations shall be known as the Mechanical Code of [THE TOWN OF ORO VALLEY], hereinafter referred to as "this code." Revise Section 103 as follows: SECTION 103 DEPARTMENT OF :. - • • - . ' :. ! BUILDING SAFETY 103.1 General. The Department of ---_-. -• . '- :-_ ":- BUILDING SAFETY is hereby created and the executive official in charge thereof shall be known as the code official. Delete Section 103 in its entirety and substitute Section 103 in its entirety of the International Building Code, 2006 edition with Amendments thereto. likwy Delete Sections 104 and 105 in their entirety and substitute Section 104 in its entirety of the International Building Code, 2006 edition with Amendments thereto. Add Subsection 106.4.2.1 as follows: 106.4.2.1 Time limitation of application. AN APPLICATION FOR A PERMIT FOR ANY PROPOSED WORK SHALL BE DEEMED TO HAVE BEEN ABANDONED AND SHALL BE EXPIRED 180 DAYS AFTER THE DATE OF FILING, UNLESS SUCH APPLICATION HAS BEEN PURSUED IN GOOD FAITH OR A PERMIT HAS BEEN ISSUED; EXCEPT THAT THE BUILDING OFFICIAL IS AUTHORIZED TO GRANT ONE OR MORE EXTENSIONS OF TIME FOR ADDITIONAL PERIODS NOT EXCEEDING 90 DAYS EACH. THE EXTENSION SHALL BE REQUESTED IN WRITING AND JUSTIFIABLE CAUSE DEMONSTRATED. THE REQUEST FOR EXTENSION SHALL BE MADE PRIOR TO EXPIRATION. AN EXTENSION SHALL NOT BE GRANTED IF THIS CODE OR ANY OTHER PERTINENT LAWS OR ORDINANCES HAVE BEEN AMENDED SUBSEQUENT TO THE DATE OF APPLICATION. IN ORDER TO RENEW ACTION ON AN APPLICATION AFTER EXPIRATION, THE APPLICANT SHALL RE-SUBMIT PLANS AND PAY A NEW PLAN REVIEW FEE. Delete Sections 106.4.3 and 106.4.4 in their entirety and substitute Section 105.5 in its entirety of the International Building Code 2006 edition with Amendments thereto. Delete Sections 106.5 in its entirety and substitute Section 108 in its entirety of the International Building Code 2006 edition with Amendments thereto. illtar Revise Section 108.4 as follows: 108.4 Violation penalties.Persons who shall violate a provision of this code or shall fail to comply with ents thereof or who shall erect, install, alter or repair mechanical work in violation of any of the requirements the approved construction documents or directive of the code official, or of a permit or certificate issued provisions led of this code, shall be guilty of a [SPECIFY OFFENSE], punishable by a fine of not under the • deemed a separate offense SUBJECT TO PENALTIES AS PRESCRIBED BY LAW. Delete Section 108.5 in its entiretyand substitute Section 114 in its entirety of the International Building Code 2006 edition with Amendments thereto. Delete Section 109 in its entiretyand substitute Section 112 in its entirety of the International Building Code 2006 edition with Amendments thereto. CHATTER 3 Add a new subsection to the end of Section 303.7 as follows: .1 PROHIBITIONS. LIQUEFIED PETROLEUM GAS (LPG) APPLIANCES OR 303.7 STORAGE TANKS SHALL NOT BE LOCATED IN ANY BUILDING WHERE LPG CAN POCKET OR POOL. Add a new subsection to the end of Section 306.3 as follows: 306 .3.2 PROHIBITED APPLIANCES. LPG GAS-FIRED APPLIANCES SHALL NOT BE INSTALLED IN AN ATTIC. Revise section 307.2.1 by adding the following at the end of the paragraph: LOCATIONS FOR TERMINATION OF CONDENSATE DRAINS SHALL BE AS FOLLOWS: 1. INTO AN ACCESSIBLE FIXTURE TAILPIECE, FUNNEL DRAIN, WASTE AIR GAP FITTING,FLOOR SINK, SLOP SINK OR LAUNDRY TRAY. 2. AT OR BELOW GRADE OUTSIDE THE BUILDING IN AN AREA CAPABLE OF ABSORBING THE CONDENSATE FLOW WITHOUT SURFACE DRAINAGE. 3. OVER ROOF DRAINS THAT CONNECT TO DRAINAGE PIPES, PROVIDED THEY TERMINATE AT OR ABOVE GRADE IN AN AREA CAPABLE OF ABSORBING THE CONDENSATE FLOW WITHOUT SURFACE DRAINAGE. Revise the last two sentences of Section 307.2.2 as follows: Where the drain pipes es from more than one unit are manifolded together for condensate drainage, the pipe tubingshall be sized in accordance with THE FOLLOWING TABLE or BELOW. WHEN TWO OR MORE UNITS ARE TIED TOGETHER, THE MINIMUM DRAIN SIZE SHALL BE 1 INCH. All horizontal sections of drain piping shall be installed in uniform alignment at a unifefni slope NOT LESS THAN PRESCRIBED IN SECTION 307.1. EQUIPMENT CAPACITY MINIMUM CONDENSATE PIPE DIAMETER UP TO 10 TONS OF REFRIGERATION 3/4 INCH 11 TO 20 TONS 1 INCH 21 TO 40 TONS 1 'A INCH 41 TO 100 TONS 1 % INCH OVER 100 TONS 2 INCH Revise Section 403.3 by adding the following after the exception: The ventilation rate procedure (section 6.2) of ASHRAE Standard 62.1-2004 may be employed as an alternative to the requirements of Section 403 of the International Mechanical Code provided the following basic requirements are met: 1. The occupant density used for calculations must be at least equal to the default occupant density (Table 6-1). 2. The system ventilation efficiency (section 6.2.5.2) must be used to determine the design outside air intake. 3. In the case of multiple zones being served by a single system, the diversity of the zones must be taken into account(section 6.2.5.3). Revise Section 504.3 by adding the following at the end of the sentence: A FLEXIBLE CONNECTION BETWEEN A VERTICAL RISER AND A DRYER SHALL BE CONSIDERED AN ACCEPTABLE MEANS OF CLEANOUT. Revise Section 1001.1 by deleting the text of exception 7 and replacing it with the following_ 7. ANY BOILER OR LINED WATER HEATER IN EXCESS OF 200,000 BTU SHALL BE SUBJECT TO INSPECTION BY FEDERAL OR STATE INSPECTIONS. SEE ARIZONA BOILER RULES FOR REGULATIONS,TITLE 20, CHAPTER 5. Revise Section 1004.1 by deleting all text after the second sentence and adding the following_ BOILERS SHALL BE DESIGNED AND CONSTRUCTED IN ACCORDANCE WITH THE ASME BOILER AND PRESSURE VESSEL CODE, AND THE ARIZONA BOILER RULES, TITLE 20, CHAPTER 5. Revise Section 1109.1 item 3,by deleting"pure"and replacing it with"purge". TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: FEBRUARY 21, 2007 TO: HONORABLE MAYOR & COUNCIL FROM: Suzanne Smith, Building Safety Director SUBJECT: ORDINANCE NO. (0) 07 -1,°ADOPTION OF 2006 INTERNATIONAL PLUMBING CODE AND AMENDMENTS THERETO. SUMMARY: The Town is currently enforcing the 2003 International Plumbing Code with local amendments. Traditionally, the Town and the other jurisdictions in the Greater Tucson region have followed a three year code adoption procedure since 1976. The 2006 editions of the International Codes represent changes made to the Codes over the past 3 years. The changes are primarily due to: 1. Errors in printed codes 2. Coordination between codes 3. Climate and geographical considerations 4. Life and health safety issues 5. Local community issues Over the last year, the International Codes have been under review by Town staff as well as the Code Development and Review Committee established by the Arizona Building Officials (AZBO), comprised of Arizona code officials and members of the construction community throughout the State. As a result, some amendments are being recommended for Council approval. In the interest of uniformity in the codes used and enforced throughout Arizona, it is the intent of many of the building departments throughout the state to adopt the 2006 International Codes and the AZBO Code Development and Review Committee's recommended amendments this year. The purpose of this Ordinance is to formally adopt the 2006 International Plumbing Code with local amendments. Approval will provide the Town of Oro Valley with amendments that will further assist in protecting the health, safety and welfare of the occupants of buildings constructed within the Town's boundaries. Approval will also assist in providing uniform code adoption and enforcement throughout the State, making it easier and less costly for municipalities, contractors, developers and the public at large to perform construction work. The International Codes are performance-oriented and designed to stimulate economic development through acceptance of innovative design and construction methods and encourage new materials and new construction technologies through acceptance of innovative designs. FISCAL IMPACT: lisei'here is no fiscal impact to the Town as a result of approving this ordinance. The purchase of new code books and the training costs associated with this adoption were included in the Building Safety Department's 2006- 2007 fiscal year budget. TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 2 of 2 RECOMMENDATION: Staff recommends that the Mayor and Council approve the adoption of the International Plumbing Code, 2006 edition with amendments thereto. SUGGESTED MOTION: I move to approve Ordinance No. (0) 07- 10 , the adoption of the International Plumbing Code, 2006 edition and amendments thereto, attached in Exhibit A. ATTACHMENTS: Ordinance No. (0) 07 - 10 , and Exhibit A attached thereto. ArAffAmtiv/ Paik Building ,afe Director (9;h/.4tA, Alf/6-#t„, Assistant Town Manager et141-444ATown Manager ORDINANCE NO. (0) 07-10 AN ORDINANCE OF THE TOWN OF ORO VALLEY, ARIZONA AMENDING CHAPTER 6, ARTICLE 6-4 ENTITLED "PLUMBING CODE" OTHERWISE KNOWN AS THE "2006 INTERNATIONAL PLUMBING CODE" AND AMENDMENTS THERETO; AND REPEALING ALL RESOLUTIONS, ORDINANCES, AND RULES OF THE TOWN OF ORO VALLEY IN CONFLICT THEREWITH; AND PRESERVING THE RIGHTS AND DUTIES THAT HAVE ALREADY MATURED AND PROCEEDINGS THAT HAVE ALREADY BEGUN THEREUNDER WHEREAS, 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 subdivision under the Constitution and laws of the State of Arizona and the United States; and WHEREAS, pursuant to ARS § 41-1346, this Ordinance is a public record with three copies of "Plumbing Code", otherwise known as the "2006 International Plumbing Code" with amendments thereto on file in the office of the Town Clerk; and kkow WHEREAS, on December 6, 1995, the Town Council approved Ordinance No. (0)95-85, which adopted that certain document entitled, "Oro Valley Town Code, Chapter 6, "Building", as the sixth chapter of the official Town Code; and WHEREAS, Chapter 6, Building, Article 6-4 is the Town of Oro Valley's Plumbing Code; and WHEREAS, on January 17, 2007, the Town Council adopted Resolution No. (R) 07-08, making that certain document entitled the "Plumbing Code" otherwise known as the "2006 International Plumbing Code", with amendments thereto a public record; and WHEREAS, changes made to the Plumbing Code were primarily due to errors in printed codes, coordination between codes, climate and geographic considerations, life and health safety issues and local community issues. NOW, THEREFORE, BE IT ORDAINED by the Mayor and the Council of the Town of Oro Valley, Arizona that the certain document, known as "Plumbing Code" otherwise known as the "2006 International Plumbing Code" as amended thereto is hereby adopted. NOW THEREFORE, BE IT FURTHER ORDAINED by the Mayor and Council of the Town of Oro Valley, Arizona as follows: F:\Building Safety\Suzanne\Council 10006 CODE ADOPTIONS\RESOLUTIONS AND ORDINANCES\International Plumbing Code Ordinance 2007.doc Town of Oro Valley Attorney's Office/ca/012907 Section 1. Oro ValleyTown Code, Article 6-4 is hereby amended with deletions in and additions in all CAPS as follows: 6-4-1 Plumbing Codes That certain document known as THE TOWN OF ORO VALLEY'S ADOPTED PLUMBING CODE IS the "2006 International Plumbing Code, 2003 Edition, including C, D, E, and F " as published by the International Code Council, Inc., and Appendix Chapters amendEDments appended thereto as Exhibit A, three copies of which are on file in the � pp office of the Town Clerk of the Town of Oro Valley, Arizona., which document was made a 0 - * •: - s / . . A . e • 4 It", t/ .- .: • -" •:t t on the 20th day of January 2005. Section 2. All Oro Valley Ordinances, Resolutions, or Motions and parts of Ordinances, Resolutions, or Motions of the Council in conflict with the provisions of this Ordinance are hereby repealed. 3. If anysection, subsection, sentence, clause, phrase or portion of this Ordinance is for Section 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 2 l s t day of February , 2007. TOWN OF ORO VALLEY Paul H. Loomis, Mayor ATTEST: APPROVED AS TO FORM: Kathryn E. Cuvelier, Town Clerk Melinda Garrahan, Town Attorney Date: Date: F:\Building Safety\Suzanne\Council t'2006 CODE ADOPTIONS\RESOLUTIONS AND ORDINANCES\International Plumbing Code Ordinance 2007 doc Town of Oro Valley Attorney's Office/ca/012907 ATTACHMENT A ‘110, TOWN OF ORO VALLEY AMENDMENTS TO THE INTERNATIONAL PLUMBING CODE 2006 EDITION The following provision of the International Plumbing Code, 2006 Edition, as published by the International Code Council, Inc., is hereby amended as follows: CHAPTER 1 At Section 101.1,revise text to read as follows: "These regulations shall be known as the International Plumbing Code of THE TOWN OF ORO VALLEY hereinafter referred to as "this code". Revise the last sentence of the first paragraph in Subsection 101.2 as follows: Provisions in the appendices shall not apply unless specifically adopted; THEREFORE, THE FOLLOWING APPENDICES ARE ADOPTED AS PART OF THIS CODE: APPENDIX B RATES OF RAINFALL FOR VARIOUS CITIES APPENDIX C GRAY WATER RECYCLING SYSTEMS APPENDIX D DEGREE DAY AND DESIGN TEMPERATURES APPENDIX E SIZING OF WATER PIPING SYSTEM APPENDIX F STRUCTURAL SAFETY (kw Delete Section 103 in its entirety and substitute Section 103 in its entirety of the International Building Code, 2006 edition with Amendments thereto. Delete Section 104 in its entirety and substitute Section 104 in its entirety of the International Building Code, 2006 edition with Amendments thereto. Delete Sections 105.1, 105.2, and 105.3 in their entirety. Add Subsection 106.5.2.1 as follows: 106.4.2.1 Time limitation of application. AN APPLICATION FOR A PERMIT FOR ANY PROPOSED WORK SHALL BE DEEMED TO HAVE BEEN ABANDONED AND SHALL BE EXPIRED 180 DAYS AFTER THE DATE OF FILING, UNLESS SUCH APPLICATION HAS BEEN PURSUED IN GOOD FAITH OR A PERMIT HAS BEEN ISSUED; EXCEPT THAT THE BUILDING OFFICIAL IS AUTHORIZED TO GRANT ONE OR MORE EXTENSIONS OF TIME FOR ADDITIONAL PERIODS NOT EXCEEDING 90 DAYS EACH. THE EXTENSION SHALL BE REQUESTED IN WRITING AND JUSTIFIABLE CAUSE DEMONSTRATED. THE REQUEST FOR EXTENSION SHALL BE MADE PRIOR TO EXPIRATION. AN EXTENSION SHALL NOT BE GRANTED IF THIS CODE OR ANY OTHER PERTINENT LAWS OR ORDINANCES HAVE BEEN AMENDED SUBSEQUENT TO THE DATE OF APPLICATION. IN ORDER TO RENEW ACTION ON AN APPLICATION AFTER EXPIRATION, THE APPLICANT SHALL RE-SUBMIT PLANS AND PAY A NEW PLAN REVIEW FEE. Delete Sections 106.5.3 and 106.5.4 in their entirety and substitute Section 105.5 in its entirety of the likkay International Building Code 2006 edition with Amendments thereto. Delete Section 106.6 in its entiretyand substitute Section 108 in its entirety of the International Building Code 2006 edition with Amendments thereto. Revise Section 108.4 as follows: penalties. Anypersons who shall violate a provision of this code or shall fail to comply 108.4 Violation with any of the requirements thereof or who shall erect, install, alter or repair plumbing work in violation of the approved construction documents or directive of the code official, or of a permit or certificate provisions of this code, shall be guilty of a [SPECIFY issued under the OFFENSE], punishable by a fine, •. ••: •••: • :• •••• . -• • :• • : AS PRESCRIBED BY LAW. deemed a separate offense SUBJECT TO PENALTIES Delete Section 108.5 in its entiretyand substitute Section 114 in its entirety of the International Building Code 2006 edition with Amendments thereto. Delete Section 109 in its entiretyand substitute Section 112 in its entirety of the International Building Code 2006 edition with Amendments thereto. At Section 305.6.1, insert 12 INCHES (305 MM) in both locations where [NUMBER] is requested. Revise the 4th line of Section 312.1 as follows: • system piping shall be tested with either water or, for piping systems other than plastic, by All plumbing y p p g air. Revise Section 312.5 as follows: 312.5 Water-supply systemUpon test. U on completion of a section of or the entire water supply system, the system, or portion completed, shall be tested and proved tight under a water pressure not less than the working pressuresystem; or, for piping of the s stem• i systems other than plastic,by an air test of not less than 50 psi (344kPa). pressure ressure shall be held for at least 15 minutes. The water utilized for tests shall be obtained from asupply.potable source of su 1 . The required tests shall be performed in accordance with this section and Section 107. :.... 1.:.. :d. :A..: 4 Add new section 420.5 to read as follows: 420.5 SURROUNDING MATERIAL. WALLS WITHIN 2 FEET (610 MM) OF WATER CLOSETS SHALL HAVE A SMOOTH, HARD, NONABSORBENT SURFACE, TO A HEIGHT OF 4 FEET (1219 MM) ABOVE THE FLOOR, AND EXCEPT FOR STRUCTURAL ELEMENTS, THE MATERIAL USED IN SUCH WALLS SHALL BE OF A TYPE THAT IS NOT ADVERSELY AFFECTED BY MOISTURE. ...]je,:Y 1i: ,rk. AQQvv.. 111Lor ,„ 4, Add new section 504.6.1 as follows: SECTION 504.6.1 REPLACEMENT WATER HEATERS. REPLACEMENT WATER HEATERS SHALL COMPLY WITH THE FOLLOWING WHEN IT IS NOT PRACTICAL TO RUN THE TEMPERATURE AND PRESSURE RELIEF VALVE LINE TO THE EXTERIOR OF THE RESIDENCE: 1. A DRAIN PAN SHALL BE INSTALLED UNDER THE WATER HEATER. 2. THE TEMPERATURE RELIEF VALVE SHALL BE SET TO A MAXIMUM OF 210 DEGREES AND THE PRESSURE RELIEF VALVE TO 150PSI WITH A LINE DRAINING INTO THE PAN. 3. A PRESSURE RELIEF VALVE SET AT NO GREATER THAN 125PSI SHALL BE INSTALLED AT THE MAIN WATER SUPPLY CONNECTION OUTSIDE THE DWELLING. Delete Appendix A, Plumbing Permit Fee Schedule (refer to Town of Oro Valley Building Valuation Data Schedule and Fee Schedules) ,k,PPENDIX. Revise APPENDIX B by adding TUCSON 3 0 under Arizona. r TOWN OF ORO VALLEY j COUNCIL COMMUNICATION MEETING DATE: FEBRUARY 21, 2007 lairr TO: HONORABLE MAYOR& COUNCIL FROM: Suzanne Smith, Building Safety Director SUBJECT: ORDINANCE NO. (0) 07 - ADOPTION OF 2006 INTERNATIONAL FIRE CODE AND AMENDMENTS THERETO. SUMMARY: The Town is currently enforcing the 2003 International Fire Code with local amendments. Traditionally, the Town and the other jurisdictions in the Greater Tucson region have followed a three year code adoption procedure since 1976. The 2006 editions of the International Codes represent changes made to the Codes over the past 3 years. The changes are primarily due to: 1. Errors in printed codes 2. Coordination between codes 3. Climate and geographical considerations 4. Life and health safety issues 5. Local community issues Over the last year, the International Codes have been under review by Town staff as well as the Code Development and Review Committee established by the Arizona Building Officials (AZBO), comprised of Arizona code officials and members of the construction community throughout the State, the Arizona Fire Marshals Association and the Fire Districts within the southern region of the state. As a result, some amendments are being recommended for Council approval. In the interest of uniformity in the codes used and enforced throughout Arizona, it is the intent of many of the building departments and fire districts throughout the state to adopt the 2006 International Codes and the AZBO Code Development and Review Committee's recommended amendments this year. The purpose of this Ordinance is to formally adopt the 2006 International Fire Code and the attached amendments, for use within the Town of Oro Valley. Approval of this ordinance will provide the Town of Oro Valley with amendments that will further assist in protecting the health, safety and welfare of the occupants of buildings constructed within the Town's boundaries. Approval will also assist in providing uniform code adoption and enforcement throughout the State, making it easier and less costly for municipalities, contractors, developers and the public at large to perform construction work. The International Codes are performance- oriented and designed to stimulate economic development through acceptance of innovative design and construction methods and encourage new materials and new construction technologies through acceptance of innovative designs. 4rFISCAL IMPACT: There is no fiscal impact to the Town as a result of approving this ordinance. The purchase of new code books and the training costs associated with this adoption were included in the Building Safety Department's 2006- 2007 fiscal year budget. TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 2 of RECOMMENDATION: Staff recommends thatMayorapprove the and Council a rove the adoption of the International Fire Code, 2006 edition with amendments. SUGGESTED MOTION: ve Ordinance No. (0) 07- 11 , the adoption of the International Fire Code, 2006 I move to appro edition and amendments attached in Exhibit A. ATTACHMENTS: Ordinance No. (0) 07 - 11 , and Exhibit A attached thereto. Alp 711Pir 4,111119 Building Safe I irector Ihtti$1‘al 4.1Ne ssistant Town Manager aist4A44 Town Manager ORDINANCE NO. (0) 07 - AN ORDINANCE OF THE TOWN OF ORO VALLEY, ARIZONA AMENDING CHAPTER 6, ARTICLE 6-8 ENTITLED "FIRE CODE" OTHERWISE KNOWN AS THE "2006 INTERNATIONAL FIRE CODE"; AND REPEALING ALL RESOLUTIONS, ORDINANCES, AND RULES OF THE TOWN OF ORO VALLEY IN CONFLICT THEREWITH; AND PRESERVING THE RIGHTS AND DUTIES THAT HAVE ALREADY MATURED AND PROCEEDINGS THAT HAVE ALREADY BEGUN THEREUNDER WHEREAS, 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 subdivision under the Constitution and laws of the State of Arizona and the United States; and WHEREAS, pursuant to ARS § 41-1346, this Ordinance is a public record with three copies of "Fire Code", otherwise known as the "2006 International Fire Code" on file in the office of the Town Clerk; and WHEREAS, on December 6, 1995, the Town Council approved Ordinance No. (0) 95-85, 1440,- which adopted that certain document entitled, "Oro Valley Town Code, Chapter 6, "Building" as the sixth chapter of the official Town Code; and WHEREAS, Chapter 6, Building, Article 6-8 is the Town of Oro Valley's Fire Code; and WHEREAS, on January 17, 2007, the Town Council adopted Resolution No. (R) 07-06, making that certain document entitled the "Fire Code" otherwise known as the "2006 International Fire Code", with amendments thereto a public record; and WHEREAS, changes made to the Fire Code were primarily due to errors in printed codes, coordination between codes, climate and geographic considerations, life and safety issues and local community issues. NOW, THEREFORE, BE IT ORDAINED by the Mayor and the Council of the Town of Oro Valley, Arizona that the certain document, known as "Fire Code" otherwise known as the "2006 International Fire Code"with amendments thereto is hereby adopted. NOW THEREFORE, BE IT FURTHER ORDAINED by the Mayor and Council of the Town of Oro Valley as follows: Section 1. Oro Valley Town Code Article 6-8 is hereby amended with deletions in stfikethrough and additions in all CAPS as follows: F:\Building Safety\Suzanne\Council 112006 CODE ADOPTIONS\RESOLUTIONS AND ORDINANCES\Intemational Fire Code Ordinance 2007.doc Town of Oro Valley Attorney's Office/ca/012907 ORDINANCE NO. O 07- 11 AN ORDINANCE OF THE TOWN OF ORO VALLEY, ARIZONA AMENDING CHAPTER 6, ARTICLE 6-8 ENTITLED "FIRE CODE" OTHERWISE KNOWN AS THE "2006 INTERNATIONAL FIRE CODE"; AND REPEALING ALL RESOLUTIONS, ORDINANCES, AND RULES OF THE TOWN OF ORO VALLEY IN CONFLICT THEREWITH; AND PRESERVING THE RIGHTS AND DUTIES THAT HAVE ALREADY MATURED AND PROCEEDINGS THAT HAVE ALREADY BEGUN THEREUNDER f,r: WHEREAS, the Town of Oro Valley is a political subdivision ojhe State of Arizona vested with all associated � rihts,,, rivile es and benefits and is e itled to the immunities and g � _p g exemptions granted municipalities and political subdivision under the Constitution and laws of the State of Arizona and the United States; and WHEREAS, pursuant to ARS § 41-1346 this Ordina. 'e is ap ublic record with three copies of "Fuel Gas Code", otherwise known as the. "2006 Iiternational Fire Gas Code" on file in the office of the Town Clerk; and WHEREAS, on December 6, 1995, the Town Council approved Ordinance No. (0) 95-85, %or which adopted that certain document entitled, "Oro Valley Town Code, Chapter 6, "Building" as the sixth chapter of the official Town Code; and p WHEREAS, Chapter 6, Building, Article 6-8 is the Town of Oro alley's Fire Code; and WHEREAS, on January 17, 2007, the Town Council adopted Resolutio\No. (R) 07-06, making that certain document entitled the "Fire Code" otherwise known as the "N' 6 International Fire Code", with amendments thereto a public record; and .. WHEREAS, changes made to the Fire Code were primarily due to errors in printed codes, coordination between codes, climate and geographic considerations, life and safety issues and local community issues. NOW, THEREFORE, BE IT ORDAINED by the Mayor and the Council of the Town of Oro Valley, Arizona that the certain document, known as "Fire Code" otherwise known as the "2006 International Fire Code" with amendments thereto is hereby adopted. NOW THEREFORE, BE IT FURTHER ORDAINED by the Mayor and Council of the Town of Oro Valley as follows: Section 1. Oro Valley Town Code Article 6-8 is hereby amended with deletions in strikethrough and additions in all CAPS as follows: F:\Building Safety\Suzanne\Council 1\2006 CODE ADOPTIONS\RESOLUTIONS AND ORDINANCES\lnternational Fire Code Ordinance 2007.doc Town of Oro Valley Attorney's Office/ca/012907 WIMP _ 6-8-1 Adoption of Fire Code A. That certain document known as THE TOS OF ORO VALLEY'S ADOPTED FIRE 1 1 "2006International Fire Code", AS AMENDED, 2003 Edition," and the CODE IS the - . International Code Council, Inc. with amendments appended thereto as Exhibit A, three copies of of the Town Clerk of the Town of Oro Valley, Arizona. , which which are on file in theoffice . • - : i • - •i I4 ! . . A • • • 4 114, •- • i •, • •• • r .- -. •• - • • • • • • • enforced by the Town Fire Marshall any a-rshall er of his/her delegates. The Fire Marshall, by an approved intergovernmental agreement between the parties . -: • = • • •::: ': = • == - - • - -. -- . •- 0 . - - _ - 9. ••• _: -... . . i 1• • • • • • -. .•• . . .. • .- . •- • . - • _• - : - • • . • provided for at no cost to the Town. In this article unless the cont- -- - : •• - thereto as adopted herein. - _ Town of Oro Valley. C. "Fire departmen • - • -• •' , that organization. 11 11 • 11 • - - • - Valley. 6-8-6-Repealed • . •• • • : •• • • 0 • • _• • • . • purpose of prescribing governing conditions hazardous to life and property For the regulations . -- • • • • •: • • • • : • • • 1I - . - • • ••- • • • •• • • Valley, 11,000 North La Canada Drive, Oro Vall- , A • :-. •a: m• =- • • . .: ; • Mme., F:\Build ng Safety\Suzame\Council 1\2006 CODE ADOPTIONS\RESOLUTIONS AND ORDINANCES\International Fire Code Ordinance 2007.doe Town of Oro Valley Attorney's Of iice/ca/012907 to time. ; • • • • • e , , ; . ; • ; ►/ • .. • place in his office and distribute copies thereof to interested persons. 6-8-9-Penalties •• • • • • • •• •• • ••• • • •• •• •• • • • • • violation punishable by a fine of not less than twenty five dollars ($25) for a first offense. The registered owner of the vehicle may be held responsible for the violation. Section 2. All Oro Valley Ordinances, Resolutions, or Motions and parts of Ordinances, Resolutions, or Motions of the Council in conflict with the provisions of this Ordinance are hereby repealed. Section 3. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. PASSED AND ADOPTED by Mayor and Town Council, the Town of Oro Valley, Arizona, this day of 52007. TOWN OF ORO VALLEY Paul H. Loomis, Mayor F:\Building Safety\Suzanne\Council 1\2006 CODE ADOPTIONS\RESOLUTIONS AND ORDINANCES\International Fire Code Ordinance 2007.doc Town of Oro Valley Attorney's Office/ca/012907 ATTEST: Kathryn E. Cuvelier, Town Clerk Date: APPROVED AS TO FORM: Melinda Garrahan, Town Attorney Date: 4 F\Building Safety\Suzanne\Council l\2006 CODE ADOPTIONS\RESOLUTIONS AND ORDINANCES\International Fire Code Ordinance 2007.doc Town of Oro Valley Attorney's Office/ca/012907 ATTACHMENT A TOWN OF ORO VALLEY AMENDMENTS TO THE INTERNATIONAL FIRE CODE 2006 EDITION The following provision of the International Fire Code, 2006 Edition, as published by the International Code Council, Inc., is hereby amended as follows: Revise Section 101.1 as follows: 101.1 Title. These regulations shall be known as the Fire Code of[THE TOWN OF ORO VALLEY, ARIZONA] hereinafter referred to as"this code" OR THE FIRE CODE. Revise Subsection 101.2.1 as follows: 101.2.1 Appendices. Provisions in the appendices shall not apply unless specifically adopted; THEREFORE, THE FOLLOWING APPENDICES ARE ADOPTED AS PART OF THIS CODE: APPENDIX-B FIRE-FLOW REQUIREMENTS FOR BUILDINGS APPENDIX-C FIRE HYDRANT LOCATIONS AND DISTRIBUTION APPENDIX-D FIRE APPARATUS ACCESS ROADS APPENDIX-E HAZARD CATEGORIES (AS REFERENCE INFORMATION) APPENDIX-F HAZARD RANKING APPENDIX-G CRYOGENIC FLUIDS — WEIGHT AND VOLUME EQUIVALENTS (AS REFERENCE INFORMATION) Add new Section 102.10 as follows: 102.10 OTHER LAWS. THE PROVISIONS OF THIS CODE SHALL NOT BE DEEMED TO NULLIFY ANY PROVISIONS OF LOCAL, STATE OR FEDERAL LAW. Add new Section 102.11 as follows: 102.11 APPLICATION OF REFERENCES. REFERENCES TO CHAPTER OR SECTION NUMBERS, OR TO PROVISIONS NOT SPECIFICALLY IDENTIFIED BY NUMBER, SHALL BE CONSTRUED TO REFER TO SUCH CHAPTER, SECTION OR PROVISION OF THIS CODE. Revise Section 103 as follows: SECTION 103 DEPARTMENT OF FIRE PREVENTION/BUILDING SAFETY 103.1 General. The department of fire prevention IN CONJUNCTION WITH THE BUILDING SAFETY DEPARTMENT is established within the jurisdiction under the direction of the fire code official IN CONJUNCTION WITH THE BUILDING CODE OFFICIAL. The function of the department(S) shall be the implementation, administration and enforcement of the provisions of the code. Revise Subsection 105.4.1 follows: 105.4.1 Submittals • . Construction documents shall be submitted in one or more sets and in such form and No) required bythe fire code official. The construction documents shall be prepared by a registered detail as .- - design professional -- - -: - -_ = -- - -- . THE DESIGN OF FIRE PROTECTION SYSTEMS SHALL BE INCLUDED IN THE BUILDING CONSTRUCTION DOCUMENT SUBMITTAL. Add new Subsection 105.4.2.1 as follows: 105 .4.2.1 AUTOMATIC FIRE SPRINKLER SYSTEM DESIGN. THE FOLLOWING ARE CONSIDERED TO BE PROFESSIONAL REGISTRANT DESIGN ACTIVITIES TO BE INCLUDED WITH THE CONSTRUCTION DOCUMENTS: CONSIDER THE RANGE OF HAZARDS OF THE PROJECT; PREPARE A HAZARD ANALYSIS IDENTIFYING THE HAZARD CLASSIFICATION OF THE INTENDED OCCUPANCY,INCLUDING ANY SPECIAL HAZARDS; DETERMINE THE APPLICABLE CODES, STANDARDS,AND APPROPRIATE ENGINEERING PRACTICES; ASCERTAIN THE AVAILABILITY AND ADEQUACY OF THE WATER SUPPLY FOR THE PROJECT; DETERMINE THE APPROPRIATE DESIGN DENSITY AND AREA OF OPERATION FOR EACH HAZARD AREA. Add new Subsection 105.4.2.2 as follows: 105.4.2.2 FIRE ALARM AND OTHER CODE REGULATED ALARM SYSTEM DESIGN. THE FOLLOWING ARE CONSIDERED TO BE PROFESSIONAL REGISTRANT DESIGN ACTIVITIES TO BE INCLUDED WITH THE CONSTRUCTION DOCUMENTS: DETERMINE THE SYSTEM TYPE; DETERMINE THE APPLICABLE CODES, STANDARDS,AND APPROPRIATE ENGINEERING PRACTICES; DETERMINE DEVICE TYPES AND LOCATIONS; PREPARE GENERALIZED RISER DIAGRAM; COORDINATE AND INTERFACE WITH OTHER SYSTEMS; DEVELOP SYSTEM SPECIFICATIONS. Add new Subsection 105.4.3.1 as follows: 105.4.3.1 FIRE PROTECTION SYSTEM LAYOUT OR SHOP CONSTRUCTION DOCUMENT SUBMITTALS. AUTOMATIC FIRE SPRINKLER SYSTEM AND FIRE ALARM SYSTEM LAYOUT OR SHOP CONSTRUCTION DOCUMENTS SHALL BE BY PERSONS WITH A MINIMUM CERTIFICATION OF A LEVEL III NATIONAL INSTITUTE FOR THE CERTIFICATION OF ENGINEERING TECHNOLOGIES (NICET) AND SHALL BE REVIEWED FOR COMPLIANCE WITH DESIGN BY THE REGISTRANT RESPONSIBLE FOR THE SYSTEM DESIGN. Revise Subsection 105.4.5 as follows: 105.4.5 Corrected documents. CONSTRUCTION AND INSTALLATION SHALL BE IN ACCORDANCE WITH THE APPROVED CONSTRUCTION DOCUMENTS. Where field conditions necessitate anysubstantial change from the approved construction documents, the fire code 'mu) 2 official shall have the authority to require the corrected construction documents to be submitted for Sow approval. THE FIRE CODE OFFICIAL SHALL DETERMINE THE LEVEL OF CHANGES FOR THE SPECIFIC PROJECT. MINOR CHANGES CAN BE HAND DRAWN ON A COPY OF THE ORIGINAL APPROVED CONSTRUCTION DOCUMENTS. MAJOR CHANGES SHALL BE RE-DRAFTED. A MINIMUM OF THREE SETS OF CORRECTED PLANS SHALL BE SUBMITTED FOR APPROVAL. AS-BUILT CORRECTED CONSTRUCTION DOCUMENTS SHALL BE SUBMITTED PRIOR TO CERTIFICATE OF OCCUPANCY ISSUANCE. Add new Subsection 105.4.7 as follows: 105.4.7 ELECTRONIC CONSTRUCTION DOCUMENTS. A FULL SET OF APPROVED CONSTRUCTION DOCUMENTS, INCLUDING ANY AS-BUILT CONSTRUCTION DOCUMENTS, SHALL BE PROVIDED AS AN ELECTRONIC FILE. THE ELECTRONIC FILE SHALL BE A PORTABLE DOCUMENT FORMAT(PDF)AND STORED ON A CD-ROM DISK. ELECTRONIC CONSTRUCTION DOCUMENTS SHALL BE SUBMITTED PRIOR TO CERTIFICATE OF OCCUPANCY ISSUANCE. Revise Subsection 105.6.23 as follows: 105.6.23 Hot work operations. An operational permit is required for hot work including, but not limited to: 1. Public exhibitions and demonstrations where hot work is conducted. 2. Use of portable hot work equipment inside a structure. Exception: Work that is conducted under a construction permit. 3. Fixed-site hot work equipment such as welding booths. Vitally 4. Hot work conducted within a hazardous fire WILDFIRE RISK area. 5. Application of roof coverings with the use of an open-flame device. 6. When approved, the fire code official shall issue a permit to carry out a Hot Work Program. This program allows approved personnel to regulate their facility's hot work operations. The approved personnel shall be trained in the fire safety aspects denoted in this chapter and shall be responsible for issuing permits requiring compliance with the requirements found in Chapter 26. These permits shall be issued only to their employees or hot work operations under their supervision. Revise Subsection 105.6.30 as follows: 105.6.30 Open Burning. An operational permit is required for the kindling or maintaining of an open fire, AN OPEN BURN, A RECREATIONAL FIRE IN A WILDFIRE RISK AREA, A BURN USING A FORCED AIR CURTAIN DESTRUCTOR, A PUBLIC ASSEMBLY FIRE, or a fire on any public street, alley, road, or other public or private ground. Instructions and stipulations of the permit shall be adhered to. Exception: Recreational fires NOT IN A WILDFIRE RISK AREA. Revise Subsection 105.6.31 as follows: 105.6.31 Open flames and torches. An operational permit is required to remove paint with a torch; or to use a torch or open-flame device in a�+�r o s fire WILDFIRE RISK area. Add new Subsection 105.7.14 as follows: 3 105.7.14 GATES ACROSS FIRE APPARATUS ACCESS ROADS. A CONSTRUCTION PERMIT IS REQUIRED TO INSTALL OR MODIFY GATES ACROSS FIRE APPARATUS ACCESSvid ROADS. Add new Subsection 105.7.15 as follows: 105.7.15 AUTOMATIC FIRE-EXTINGUISHING SYSTEM SUPERVISION MONITORING EQUIPMENT. A CONSTRUCTION PERMIT IS REQUIRED FOR INSTALLATION OF OR MODIFICATION TO AUTOMATIC FIRE-EXTINGUISHING SYSTEM SUPERVISION MONITORING EQUIPMENT WHEN SUCH EQUIPMENT IS NOT INCLUDED IN A FIRE ALARM AND DETECTION SYSTEM PERMIT. MAINTENANCE PERFORMED IN ACCORDANCE WITH THIS CODE IS NOT CONSIDERED A MODIFICATION AND DOES NOT REQUIRE A PERMIT. Add new Subsection 106.2.1 as follows: 106.2.1 INSPECTION REQUESTS. IT SHALL BE THE DUTY OF THE HOLDER OF THE PERMIT OR THEIR DULY AUTHORIZED AGENT TO NOTIFY THE FIRE CODE OFFICIAL WHEN WORK IS READY FOR INSPECTION. IT SHALL BE THE DUTY OF THE PERMIT HOLDER TO PROVIDE ACCESS TO AND MEANS FOR INSPECTIONS OF SUCH WORK THAT ARE REQUIRED BY THIS CODE. Add new Subsection 106.2.2 as follows: 106.2.2 APPROVAL REQUIRED. WORK SHALL NOT BE DONE BEYOND THE POINT INDICATED IN EACH SUCCESSIVE INSPECTION WITHOUT FIRST OBTAINING THE APPROVAL OF THE FIRE CODE OFFICIAL. THE FIRE CODE OFFICIAL, UPON NOTIFICATION, SHALL MAKE THE REQUESTED INSPECTIONS AND SHALL EITHER INDICATE THE PORTION OF THE CONSTRUCTION THAT IS SATISFACTORY AS COMPLETED, OR NOTIFY THE PERMIT HOLDER OR HIS OR HER AGENT WHEREIN THE SAME FAILS TO COMPLY WITH THIS CODE. ANY PORTIONS THAT DO NOT COMPLY SHALL BE CORRECTED AND SUCH PORTION SHALL NOT BE COVERED OR CONCEALED UNTIL AUTHORIZED BY THE FIRE CODE OFFICIAL. Revise Section 106.3 as follows: 106.3 Concealed work. IT SHALL BE THE DUTY OF THE PERMIT APPLICANT TO CAUSE THE WORK TO REMAIN ACCESSIBLE AND EXPOSED FOR INSPECTION PURPOSES. Whenever any installation subject to inspection prior to use is covered or concealed without having first been inspected, the fire code official shall have the authority to require that such work be exposed for inspection. NEITHER THE FIRE CODE OFFICIAL NOR THE JURISDICTION SHALL BE LIABLE FOR EXPENSE ENTAILED IN THE REMOVAL OR REPLACEMENT OF ANY MATERIAL REQUIRED TO ALLOW INSPECTION. Add new Section 106.5 as follows: 106.5 ON-SITE CONSTRUCTION DOCUMENTS. ONE SET OF CODE OFFICIAL APPROVED CONSTRUCTION DOCUMENTS SHALL BE ON THE JOB SITE FOR EACH INSPECTION. FAILURE TO HAVE APPROVED CONSTRUCTION DOCUMENTS ON SITE SHALL RESULT IN CANCELING THE INSPECTION AND IS SUBJECT TO ASSESMENT OF A FEE IN ACCORDANCE WITH THE ADOPTED FEE SCHEDULE. 4 L. Add new Section 108.4 as follows: 108.4 ADMINISTRATIVE APPEAL. WHENEVER A VIOLATION OF THIS CODE HAS BEEN FOUND AND THE APPLICANT WISHES TO APPEAL THE DECISION OF THE STAFF BECAUSE OF CODE INTERPRETATION, OR UNREASONABLE HARDSHIP, AN APPEAL MAY BE FILED TO THE FIRE CHIEF AND FIRE MARSHAL OR AN AUTHORIZED REPRESENTATIVE,AS FOLLOWS: 1. AN APPEAL SHALL BE FILED IN WRITING TO THE GOLDER RANCH FIRE DISTRICT COMMUNITY SERVICES DIVISION. 2. THE FIRE CHIEF AND FIRE MARSHAL, OR AN AUTHORIZED REPRESENTATIVE WILL HEAR THE APPEAL WITHIN 10 WORKING DAYS OF THE RECEIPT OF THE APPEAL. 3. THE FIRE CHIEF AND FIRE MARSHAL, OR AN AUTHORIZED REPRESENTATIVE, MAY USE A HEARING COMMITTEE CONSISTING OF SUCH STAFF AS IS DEEMED APPROPRIATE TO PROVIDE ADVICE ON A PARTICULAR APPEAL. 4. ADEQUATE INFORMATION SHALL BE PROVIDED BY THE APPLICANT ON THE PETITION OF APPEAL TO FULLY DESCRIBE THE CONDITION(S)IN QUESTION. 5. THE APPLICANT MAY, BUT IS NOT REQUIRED TO, MEET WITH THE FIRE CHIEF AND FIRE MARSHAL, OR A DESIGNATED REPRESENTATIVE, TO DISCUSS THE APPEAL. 6. IF THE APPEAL IS DENIED, THE APPLICANT SHALL COMPLY WITH THE REQUIREMENT(S) OF THE FIRE CODE OR FILE AN APPEAL TO THE BOARD OF APPEALS AS PROVIDED IN SECTION 108.1 OF THIS CODE. ilia..., Revise Section 109.3 by inserting text as follows: 109.3 Violation Penalties. Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used under provisions of this code, shall be - . . ' - !- ! - - - ► . - , -' -.; - ; . . - . •--: • - ;: - . deemed a separate offense SUBJECT TO PENALTIES AND PRESCRIBED BY LAW. Revise Section 111.4 by inserting text as follows: 111.4 Failure to comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be ' - - - -- - -: - - - ♦ ,/ e :- - --- - . • ►/ • -. SUBJECT TO PENALTIES AS PRESCRIBED BY LAW. Add new Section 112 as follows: SECTION 112 FEES 112.1 FEES. A PERMIT SHALL NOT BE ISSUED UNTIL THE FEES HAVE BEEN PAID, NOR SHALL AN AMENDMENT TO A PERMIT BE RELEASED UNTIL THE ADDITIONAL FEE, IF ANY, HAS BEEN PAID. OPERATIONAL SERVICES SHALL NOT BE COMPLETED UNTIL THE FEES,IF ANY, HAVE BEEN PAID. 5 112.2 SCHEDULE OF PERMIT AND OPERATIONAL SERVICES FEES. A FEE FOR EACH T SHALL BE PAID AS REQUIRED, IN ACCORDANCE CORDANCE WITH THE ADOPTED FEE SCHEDULE. WORK COMMENCING BEFORE PERMIT ISSUANCE. ANY PERSON WHO 112.3 COMMENCES WORK,ACTIVITY, OR OPERATION REGULATED BY THIS CODE BEFORE OBTAINING THE NECESSARY PERMITS SHALL BE SUBJECT TO 500 PERCENT OF THE USUAL PERMIT FEE, WHICH SHALL BE IN ADDITION TO THE REQUIRED PERMIT FEES. THE PAYMENT OF SUCH FEE SHALL NOT EXEMPT AN APPLICANT FROM COMPLIANCE WITH ALL OTHER PROVISIONS OF THIS CODE AND/OR OTHER ORDINANCES AND REQUIREMENTS NOR FROM ANY PENALTIES PRESCRIBED BY LAW. ALL WORK SHALL CEASE UNTIL THE REQUIRED PERMITS ARE OBTAINED. 112.4 FEE REFUNDS. THE FIRE CODE OFFICIAL IS AUTHORIZED TO ESTABLISH A REFUND POLICY. ER .: Revise Section 201.4 as follows: 201.4 Terms not defined. Where terms are not defined through the methods authorized by this section, such terms shall have ordinarily accepted meanings such as the context implies. Webster's Third New International Dictionary the English Language, MERRIAM WEBSTER'S COLLEGIATE �� of DICTIONARY, 11TH EDITION, shall be considered as providing ordinarily accepted meanings. Revise Section 202 by adding the following definitions: mid)DIRECTED CARE SERVICE. CARE OF RESIDENTS, INCLUDING PERSONAL CARE SERVICES, WHO ARE INCAPABLE OF RECOGNIZING DANGER, SUMMONING ASSISTANCE,EXPRESSING NEED OR MAKING BASIC CARE DECISIONS. DRIVEWAY. A VEHICULAR INGRESS AND EGRESS ROUTE THAT SERVES NO MORE THAN TWO BUILDINGS OR STRUCTURES, NOT INCLUDING ACCESSORY STRUCTURES,OR NO MORE THAN FIVE DWELLING UNITS. PERSONAL CARE SERVICE. ASSISTANCE WITH ACTIVITIES OF DAILY LIVING THAT CAN BE PERFORMED BY PERSONS WITHOUT PROFESSIONAL SKILLS OR PROFESSIONAL TRAINING AND INCLUDES THE COORDINATION OR PROVISION OF INTERMITTENT NURSING SERVICES AND THE ADMINISTRATION OF MEDICATIONS AND TREATMENTS. RESIDENTIAL CARE/ASSISTED LIVING HOME. A BUILDING OR PART THEREOF HOUSING A MAXIMUM OF 10 PERSONS, EXCLUDING STAFF, ON A 24-HOUR BASIS, WHO BECAUSE OF AGE, MENTAL DISABILITY OR OTHER REASONS, LIVE IN A SUPERVISED RESIDENTIAL ENVIRONMENT WHICH PROVIDES SUPERVISORY, PERSONAL, OR DIRECTED SERVICES. THIS CLASSIFICATION SHALL INCLUDE, BUT NOT BE LIMITED TO,THE FOLLOWING: RESIDENTIAL BOARD AND CARE FACILITIES, ASSISTED LIVING HOMES, HALFWAY HOUSES, GROUP HOMES, CONGREGATE CARE FACILITIES SOCIAL REHABILITATION FACILITIES, ALCOHOL AND DRUG ABUSE CENTERS AND CONVALESCENT FACILITIES. 'god6 SHOPPING CENTER. A GROUP OF MULTIPLE OCCUPANCIES PLANNED AND DESIGNED FOR THE SITE ON WHICH IT IS BUILT, FUNCTIONING AS A UNIT WITH OFF-STREET PARKING, LANDSCAPED AREAS AND PEDESTRIAN MALLS OR PLAZAS PROVIDED ON THE PROPERTY AS AN INTEGRAL PART OF THE UNIT. THE UNIT HAS COMMON POINTS OF INGRESS AND EGRESS AND SINGLE OR MULTIPLE LOTS OR UNDER SINGLE OR MULTIPLE OWNERSHIP. SUPERVISORY CARE SERVICE. GENERAL SUPERVISION, INCLUDING DAILY AWARENESS OF RESIDENT FUNCTIONING AND CONTINUING NEEDS. WILDFIRE RISK AREA. LAND WHICH IS COVERED WITH GRASS, GRAIN, BRUSH OR FOREST,WHETHER PRIVATELY OR PUBLICLY OWNED, WHICH IS SO SITUATED OR IS OF SUCH INACCESSIBLE LOCATION THAT A FIRE ORIGINATING UPON IT WOULD PRESENT AN ABNORMALLY DIFFICULT JOB OF SUPPRESSION OR WOULD RESULT IN GREAT OR UNUSUAL DAMAGE THROUGH FIRE OR SUCH AREAS DESIGNATED BY THE FIRE CODE OFFICIAL. Revise Section 202 as follows: Group I-1. This occupancy shall include buildings, structures or parts thereof housing more than 10 persons, on a 24-hour basis, who because of age, mental disability or other reasons, live in a residential environment that provides supervisory care services. The occupants are capable of responding to an emergency situation without physical assistance from staff. This group shall include, but not be limited to, the following: Residential board and care facilities Assisted living centers Halfway houses Group homes Congregate care facilities Social rehabilitation facilities Alcohol and drug abuse centers Convalescent facilities A facility such as the above with fwe TEN or fewer persons shall be classified as a Group R 3 R-4 CONDITION 1 or shall comply with the International Residential Code in accordance with Section 101.2 * - -- .- '-. -. • •- -- •-- - - - - ' -- as Group R 4. WHERE THE BUILDING IS IN COMPLIANCE WITH SECTION 419 OF THE INTERNATIONAL BUILDING CODE. Revise Section 202 as follows: Group I-2. This occupancy shall include buildings and structures used for medical, surgical, psychiatric, nursing, of custodial, personal, OR DIRECTED CARE on a 24-hour basis of more than five persons who are not capable of self-preservation BY RESPONDING TO AN EMERGENCY SITUATION WITHOUT PHYSICAL ASSISTANCE FROM STAFF. This group shall include, but not be limited to, the following: Hospitals Nursing homes (both intermediate-care facilities and skilled nursing facilities) Mental hospitals Detoxification facilities 7 A facility such as the above with five or fewer persons shall be classified as Group R-3 or shall comply with the International Residential Code in accordance with Section 101.2. THIS OCCUPANCY SHALL ALSO INCLUDE BUILDINGS AND STRUCTURES USED FOR ASSISTED LIVING HOMES PROVIDING SUPERVISORY, PERSONAL, OR DIRECTED CARE ON A 24-HR BASIS OF MORE THAN 10 PERSONS WHO ARE NOT CAPABLE OF SELF-PRESERVATION VATION BY RESPONDING TO AN EMERGENCY SITUATION WITHOUT PHYSICAL ASSISTANCE FROM STAFF. A FACILITY SUCH AS THE ABOVE WITH TEN OR FEWER PERSONS SHALL BE CLASSIFIED AS R-4 CONDITION 2. Revise Section 202 as follows: R-4. Residential occupancies shall include buildings arranged for occupancy as residential care/assisted living homes including not more than--1-610 occupants, excluding staff. Group R-4 occupancies shall meet the requirements for construction as defined in the International Building Code for Group R-3 AND SECTION 419 or shall comply with the International Residential Code WHERE THE BUILDING IS IN COMPLIANCE WITH SECTION 419 OF THE INTERNATIONAL BUILDING CODE. CONDITION 1. THIS OCCUPANCY CONDITION SHALL INCLUDE FACILITIES LICENSED TO PROVIDE SUPERVISORY CARE SERVICES, IN WHICH OCCUPANTS ARE CAPABLE OF SELF PRESERVATION BY RESPONDING TO AN EMERGENCY SITUATION WITHOUT PHYSICAL ASSISTANCE FROM STAFF. CONDITION 1 FACILITIES HOUSING MORE THAN 10 PERSONS SHALL BE CLASSIFIED AS A GROUP I-1. CONDITION 2. THIS OCCUPANCY CONDITION SHALL INCLUDE FACILITIES LICENSED TO PROVIDE PERSONAL OR DIRECTED CARE SERVICES, IN WHICH OCCUPANTS ARE INCAPABLE OF SELF PRESERVATION BY RESPONDING TO AN EMERGENCY WITHOUT PHYSICAL ASSISTANCE FROM STAFF. CONDITION 2 FACILITIES HOUSING MORE THAN 10 PERSONS SHALL BE CLASSIFIED AS GROUP I-2. Revise Section 302.1 as follows: • ► . i . . ... - . . " FORCED AIR CURTAIN DESTRUCTOR. A FORCED AIR PIT INCINERATOR FOR THE PURPOSE OF DISPOSAL OF WASTE VEGETATIVE DEBRIS. PUBLIC ASSEMBLY FIRE. AN OPEN, OUTDOOR FIRE USED FOR CEREMONIAL PURPOSES AT A GATHERING OF PERSONS FOR PURPOSES SUCH AS CIVIC, SOCIAL OR RELIGIOUS FUNCTIONS, OR FOR RECREATION. Revise Section 307.2 as follows: 307.2 Permit required. permit A shall be obtained from the fire code official in accordance with Section 105.6 priorkindling to a fire for recognized silvicultural or range or wildlife management practices, control of disease or pests, AN OPEN BURN, A RECREATIONAL FIRE IN A prevention or WILDFIRE RISK AREA, A BURN USING A FORCED AIR CURTAIN DESTRUCTOR, AND A -4.400 8 PUBLIC ASSEMBLY FIRE-or a bon ro. Application for such approval shall only beresented byand L.' p permits issued to the owner of the land upon which the fire is to be kindled. Revise Subsection 307.4.1 as follows: 307.4.1 Bonfires PUBLIC ASSEMBLY FIRE. A benfife PUBLIC ASSEMBLY FIRE shall not be conducted within 50 40 feet(15 240 mm) (12,192 mm) of a structure or combustible material unless - • =- •••-: •- • :• :- .- :• . Conditions which could cause a fire to spread within 50 40 feet(15 240 mm) (12,192 mm) of a structure shall be eliminated prior to ignition. PUBLIC ASSEMBLY FIRES MAY NOT EXCEED A TOTAL PILE SIZE FUEL AREA OF 4 FEET IN DIAMETER AND 3 FEET IN HEIGHT AND SHALL BE ONLY COMPRISED OF NATURAL LOGGED WOOD. THE BURNING OF DEAD OR CUT LANDSCAPE VEGETATION, BUILDING CONSTRUCTION LUMBER, WASTE MATERIAL, OR RUBBISH IS PROHIBITED. Add new Subsection 307.4.3 as follows: 307.4.3 FORCED AIR CURTAIN DESTRUCTOR FIRE. A FORCED AIR CURTAIN DESTRUCTOR FIRE SHALL NOT BE CONDUCTED WITHIN 500 FEET OF ANY DWELLING. CONDITIONS WHICH COULD CAUSE A FIRE TO SPREAD WITHIN 50 FEET (15,240 MM) OF A STRUCTURE SHALL BE ELIMINATED PRIOR TO IGNITION. Revise Section 307.5 as follows: 307.5 Attendance. Open burning, benfifes FORCED AIR CURTAIN DESTRUCTOR FIRES, PUBLIC ASSEMBLY FIRES, or recreational fires shall be constantly attended until the fire is .4160, extinguished. A minimum of one portable fire extinguisher complying with Section 906 with a minimum 4-A rating or other approved on-site fire-extinguishing equipment, such as dirt, sand, water barrel, garden hose or water truck, shall be available for immediate utilization. PUBLIC ASSEMBLY FIRES SHALL HAVE A PHYSICAL BARRIER LOCATED WITH A MINIMUM OF 15 FOOT RADIUS AROUND THE EDGE OF THE FIRE AND UNAUTHORIZED PERSONS SHALL NOT BE ALLOWED TO APPROACH THE FIRE. A FORCED AIR CURTAIN DESTRUCTOR FIRE SHALL HAVE A PHYSICAL BARRIER LOCATED AT A MINIMUM OF 15 FOOT RADIUS AROUND THE EDGE OF THE FIRE AND UNAUTHORIZED PERSONS SHALL NOT BE ALLOWED TO APPROACH THE FIRE. FIRE IGNITION SHALL BE NO EARLIER THAN ONE HOUR AFTER SUNRISE AND SHALL BE COMPLETELY EXTINGUISHED TWO HOURS BEFORE SUNSET. THE FIRE SHALL NOT BE ALLOWED TO SMOLDER. Revise Subsection 308.3.1 as follows: 308.3.1 Open-flame cooking devices. Charcoal burners and other open-flame cooking devices shall not be operated on combustible balconies or within 10 feet(3048 mm) of combustible construction. Exceptions: 1. One-and two-family dwellings. 2. Where buildings, balconies and decks are protected by an automatic sprinkler system. 3. LP-GAS COOKING DEVICES HAVING LP GAS CONTAINER WITH A WATER CAPACITY NOT GREATER THAN 2.5 POUNDS [NOMINAL 1 POUND (0.454 KG) LP- Nior GAS CAPACITY]. 9 Delete Subsection 308.3.1.1 Revise Section 308.5 as follows: Open-flame devices. Torches and other devices, machines or processes liable to start or cause fire 308 5 shall not be operated or used in or upon hazardous fire WILDFIRE RISK areas, except by a permit in accordance with Section 105.6 secured from the fire code official. Exception: Use within inhabited premises or designated campsites which are a minimum of 30 feet (9144 mm) from grass-, grain-, brush-or forest-covered areas. Revise Subsection 308.5.1 as follows: 308.5.1 Signals and markers. Flame-employing devices, such as lanterns or kerosene road flares, shall not be operated or used as a signal or marker in or upon hazardous fire WILDFIRE RISK areas. proper Exception: The use of fuses at the scenes of emergencies or as required by standard railroad p operating procedures. Revise Subsection 311.2.1 as follows: 311.2.1 Security. openings Exterior o enin s and interior openings accessible to other tenants or unauthorized persons shall be boarded, locked, blocked or otherwise protected to prevent entry by unauthorized individuals. THE FIRE CODE OFFICIAL IS AUTHORIZED TO PLACARD, POST SIGNS, ERECT BARRIER TAPE, OR TAKE SIMILAR MEASURES AS NECESSARY TO SECURE PUBLIC SAFETY. Revise Section 311.5 as follows: 311.5 Placards. Any VACANT OR ABANDONED buildingS or structureS determined to be unsafe pursuant to Section 110 of this code RELATING TO STRUCTURAL OR INTERIOR HAZARDS shall be marked as required by Sections 311.5.1 through 311.5.5. Revise Subsection 311.5.2 as follows: 311.5.2 Placard size and color. Placards shall be 24 inches by 24 inches (610 mm by 610 mm) MINIMUM in size with a red background, white reflective stripes and a white reflective border. The stripes and border shall have a 2-inch(SImm) MINIMUM stroke. Add new Subsection 404.5.1 as follows: 404.5.1 DISTRIBUTION. THE FIRE SAFETY AND EVACUATION PLANS SHALL BE DISTRIBUTED TO THE TENANTS AND BUILDING SERVICE EMPLOYEES BY THE OWNER OR OWNER'S AGENT. TENANTS SHALL DISTRIBUTE TO THEIR EMPLOYEES APPLICABLE PARTS OF THE FIRE SAFETY PLAN AFFECTING THE EMPLOYEES' ACTIONS IN THE EVENT OF A FIRE OR OTHER EMERGENCY. R Revise Section 503.1 as follows: 10 503.1 Where required. Fire apparatus access roads shall be provided and maintained in accordance with Sky, Sections 503.1.1 through 503.1.3, AND APPENDIX PPENDIX D. Revise Section 503.2 as follows: 503.2 Specifications. Fire apparatus access roads shall be installed and arranged in accordance with Sections 503.2.1 through 503.2.7,AND APPENDIX D. Add new Section 503.7 as follows: 503.7 TRAFFIC CONTROL SIGNALING DEVICES. FIRE APPARATUS ACCESS ROADS, WHICH HAVE NEW ELECTRONIC TRAFFIC CONTROL SIGNALING DEVICES INSTALLED, SHALL INCLUDE PREEMPTIVE CONTROL EQUIPMENT COMPATIBLE WITH THE FIRE DEPARTMENT'S EXISTING SYSTEM. Revise Section 504.1 as follows: 504.1 Required access. Exterior doors and openings required by this code or the International Building Code shall be maintained readily accessible for emergency access by the fire department. LOCKS AND LATCHES SHALL HAVE EXTERIOR HARDWARE PERMITTING EMERGENCY OPERATION BY THE FIRE DEPARTMENT. WHERE ACCESS DOORS ARE USED IN PAIRS, AND APPROVED FLUSH BOLTS ARE USED,THE DOOR LEAF HAVING THE FLUSH BOLT SHALL HAVE NO SURFACE-MOUNTED HARDWARE. An approved access walkway leading from fire apparatus access roads to exterior openings shall be provided when required by the fire code official. Revise Section 505.1 as follows: 505.1 Address numbers. New and existing buildings shall have approved address numbers, building numbers, or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Address numbers shall be A -' - --- - •- -- - - •--- - -- --•-•-- .. . • - -- I .... high with a minimum stroke width of 0.5 inch (12.7 mm). IN ACCORDANCE WITH TOWN OF ORO VALLEY ADDRESS DISPLAY REQUIREMENTS, AS APPLICABLE. ADDRESS NUMBERS SHALL BE VISIBLE FROM BOTH DIRECTIONS OF TRAVEL ALONG THE FIRE APPARATUS ACCESS ROAD. ADDRESS NUMBERS SHALL ALSO BE LOCATED AT THE DRIVEWAY ENTRANCE WHERE THE ADDRESS IS NOT VISIBLE FROM THE DRIVEWAY ENTRY. Add new Section 505.3 as follows: 505.3 GRAPHIC DIRECTORIES. APPROVED ILLUMINATED GRAPHIC ALL WEATHER DIRECTORIES SHALL BE PROVIDED AT MAIN DRIVEWAY ENTRANCES FOR EVERY MULTIPLE DWELLING DEVELOPMENT, MOBILE HOME PARK, OR WHEN REQUIRED BY THE CODE OFFICIAL. Revise Section 508.1 as follows: 508.1 Required water supply. An approved water supply capable of supplying the required fire flow for Nor fire protection shall be provided to premises upon which facilities, buildings or portions of buildings are hereafter constructed or moved into or within the jurisdiction. WHERE PROPERTY IS SUBDIVIDED 11 WITH OR WITHOUT THE CREATION OF PUBLIC OR PRIVATE STREETS FOR THE EXPRESSED PURPOSE OF PROVIDING SAID SUBDIVIDED PARCELS FOR SALE OR OTHERWISE PERMITTING SEPARATE AND/OR INDIVIDUAL DEVELOPMENT TO No, OCCUR, AN APPROVED WATER SUPPLY CAPABLE OF SUPPLYING THE PROJECTED FIRE FLOW FOR FIRE PROTECTION SHALL BE PROVIDED AND EXTENDED TO SERVE DIRECTLY ANY AND ALL SUBDIVIDED PROPERTIES. THE PROJECTED FIRE FLOW WILL BE BASED ON THE GREATEST POTENTIAL DEMAND POSED BY ANY TYPE OF OCCUPANCY ALLOWED BY ZONING LAWS ON THE PROJECTED PROPERTY. Revise Section 508.3 as follows: 508.3 Fire flow. Fire flow requirements for buildings or portions of buildings and facilities shall be determined by an approved method AND IN ACCORDANCE WITH APPENDIX B. Revise Section 508.5 as follows: 508.5 Fire hydrant systems. Fire hydrant systems shall comply with Sections 508.5.1 through 508.5.7 Y AND APPENDIX C. Revise Subsection 508.5.1 as follows: 508.5.1 Where required. Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 300 feet from a hydrant on a fire apparatus access road, as measured an byapproved route around the exterior of the facility or building, on-site fire hydrants and pp mains shall bep rovided where required by the fire code official. HYDRANTS SHALL BE INSTALLED AT THE ENTRANCES FROM MAIN ARTERIAL FIRE APPARATUS ACCESS ROADS TO ALL PLANNED AREA DEVELOPMENTS. WHERE WATER MAINS ARE NS/ EXTENDED, REPLACED, OR RELOCATED, HYDRANTS SHALL BE INSTALLED IN ACCORDANCE WITH THE DISTANCE REQUIREMENTS OF THIS SECTION. Exceptions: 1. For Group R-3, Group U occupancies, ONE- AND TWO-FAMILY DWELLINGS, AND THEIR ACCESSORY STRUCTURES GREATER THAN 1,000 SQUARE FEET IN FIRE AREA,the distance requirement shall be 600 400 feet. 2. For ONE- AND TWO-FAMILY DWELLINGS, AND THEIR ACCESSORY STRUCTURES GREATER THAN 1,000 SQUARE FEET IN FIRE AREA buildings equipped ed throw hout with an approved automatic sprinkler system installed in accordance with q g Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet(183 m). Revise Subsection 508.5.4 as follows: 50 8.5.4 Obstructions. Posts, fences, vehicles, growth, trash, storage and other materials or objects shall placedkepthydrants,be or near fire h drants, fire department inlet connections or fire protection system control valves in a manner that wouldp revent such equipment or fire hydrants from being immediately discernible. The fire department shall not be deterred or hindered from gaining immediate access to fire protectionequipment hydrants.e ui ment or fire h drants. VEHICLES SHALL NOT BE PLACED, PARKED, OR KEPT WITHIN 15 FEET OF FIRE PROTECTION EQUIPMENT OR FIRE HYDRANTS. Add new Subsection 508.5.4.1 as follows: 508.5.4.1 OBSTRUCTION AT THE TIME OF AN EMERGENCY. AT THE TIME OF AN EMERGENCY, THE FIRE DEPARTMENT SHALL NOT BE DETERRED OR HINDERED 12 FROM GAINING IMMEDIATE ACCESS TO FIRE PROTECTION EQUIPMENT OR FIRE HYDRANTS. Add new Subsection 508.5.7 as follows: 508.5.7 REFLECTIVE PAVEMENT MARKERS. ALL FIRE HYDRANTS SHALL BE IDENTIFIED BY THE INSTALLATION OF APPROVED BLUE REFLECTIVE PAVEMENT MARKERS. Add new Subsection 508.5.8 as follows: 508.5.8 OUT OF SERVICE HYDRANTS. OUT OF SERVICE HYDRANTS SHALL BE CLEARLY MARKED OR TAGGED AS OUT OF SERVICE. WHILE THE WATER LINES ARE UNDERGOING BACTERIOLOGICAL CLEANSING AND TESTING, THE HYDRANTS SHALL BE MARDED AS OUT OF SERVICE. OUT OF SERVICE MARKING AND TAGS SHALL REMAIN UNTIL THE HYDRANT HAS BEEN INSPECTED AND APPROVED BY THE WATER UTILITY, AND IS IN SERVICE. THE WATER UTILITY WILL NOTIFY THE FIRE MARSHAL WHEN THE HYDRANTS ARE IN SERVICE AND AVAILABLE FOR FIRE FLOW TESTING. Add new Section 510.2 as follows: 510.2 EQUIPMENT ACCESS. APPROVED ACCESS SHALL BE PROVIDED AND MAINTAINED FOR ALL FIRE PROTECTION EQUIPMENT TO PERMIT IMMEDIATE SAFE OPERATION AND MAINTENANCE OF SUCH EQUIPMENT. MATERIALS OR OBJECTS SHALL NOT BE PLACED OR KEPT IN SUCH A MANNER THAT WOULD PREVENT SUCH EQUIPMENT FROM BEING READILY ACCESSIBLE. Add new Section 511 CONSTRUCTION DOCUMENT CABINET as follows: 511.1 WHERE REQUIRED. A CONSTRUCTION DOCUMENT CABINET SHALL BE PROVIDED FOR EVERY FACILITY, BUILDING OR PORTION OF A BUILDING HEREAFTER CONSTRUCTED OR MOVED INTO OR WITHIN THE JURISDICTION. 511.2 CONTENTS. THE CONSTRUCTION DOCUMENT CABINET SHALL CONTAIN A COPY OF THE APPROVED CONSTRUCTION DOCUMENTS, INCLUDING ANY AS-BUILT DOCUMENTS, INDICATING THE TYPICAL FLOOR PLAN AND DETAILING THE BUILDING CORE, MEANS OF EGRESS, FIRE PROTECTION SYSTEMS, FIRE-FIGHTING EQUIPMENT AND FIRE DEPARTMENT ACCESS. 511.3 CABINET CONSTRUCTION. THE CONSTRUCTION DOCUMENT CABINET SHALL BE A KNOX CABINET OR OTHER DURABLE, LOCKABLE CABINET AS APPROVED BY THE FIRE CODE OFFICIAL. THE CABINET SHALL BE SIZED TO HOLD THE CONTENTS INDICATED IN SECTION 511.2. LARGE BUILDINGS MAY REQUIRE ADDITIONAL CABINETS. 511.4 LOCATION. THE CONSTRUCTION DOCUMENT CABINET SHALL BE LOCATED ADJACENT TO THE AUTOMATIC SPRINKLER SYSTEM RISER OR IN THE FIRE COMMAND CENTER WHERE PROVIDED. 13 Add new Section 605.11 as follows: SERVICE '10 SHUTOFF ACCESS. WHERE ELECTRICAL ELECTRICAL SERVICEOR PROVIDING SHUT OFF CONTROLS ARE LOCATED INSIDE A BUILDING, A DO THE EXTERIOR TO THE ROOM CONTAINING ACCESS FROM ONTAINING SUCH SHUT OFF CONTROLS SHALL BE PROVIDED WHERE REQUIRED BY THE CODE OFFICIAL. Add new Subsection 608.6.3 as follows: IRED BY SECTION 608.6.1 AND VENTILATION SYSTEMS REQUIRED 608.6.3 SUPERVISION. 608.6.2 SHALL BE SUPERVISED BY AN APPROVED CENTRAL, PROPRIETARY, OR REMOTE STATION SERVICE OR SHALL INITIATE AN AUDIBLE AND VISUAL SIGNAL AT A CONSTANTLY ATTENDED ON-SITE LOCATION. Revise Section 903.2 as follows: 903.2 Where required. Approved automatic sprinkler systems in new buildings and structures shall be provided •- -- . . . �. - •• •' -_ •:-. THROUGHOUT ALL GROUP A,B,E, F,H,I,M, R, AND S OCCUPANCIES -- -- •--- IES FOR EVERY FACILITY, BUILDING OR PORTION OF A BUILDING HEREAFTER CONSTRUCTED WITHIN OR MOVED INTO TgE JURISDICTION. SPRINKLER SYSTEMS SHALL BE AUTOMATIC E PROVIDED THROUGHOUT ALL ONE- AND TWO-FAMILY DWELLINGS AND TOWNHOUSES USED AS MODEL CONSTRUCTION OFFICES, AND ONE- AND TWO-FAMILY HOMES WITH SALES OR DWELLINGS AND TOWNHOUSES WHICH EXCEED 3,600 SQUARE FEET IN FIRE-FLOW Ned CALCULATION AREA HEREAFTER CONSTRUCTED WITHIN OR MOVED INTO THE JURISDICTION. Exception: (Unchanged) Revise Subsection 903.2.1 by deleting in its entirety and reserving the numbering. Revise Subsection 903.2.2 by deleting in its entirety and reserving the numbering_ Revise Subsection 903.2.3 by deleting in its entirety and reserving the numbering. Revise Subsection 903.2.4 by deleting in its entirety and reserving the numbering. Revise Subsection 903.2.5 by deleting in its entirety and reserving the numbering. Revise Subsection 903.2.6 by deleting in its entirety and reserving the numbering. Revise Subsection 903.2.7 by deleting in its entirety and reserving the numbering. Revise Subsection 903.2.8 by deleting in its entirety and reserving the numbering. Revise Subsection 903.2.9 by deleting in its entirety and reserving the numbering. Add new Subsection 903.2.14 as follows: 14 903.2.14 R-4 OCCUPANCIES. AN AUTOMATIC SPRINKLER SYSTEM SHALL BE lityper PROVIDED THROUGHOUT ALL R-4 OCCUPANCIES. CONDITION 2 FACILITIES SHALL INCLUDE SPRINKLERS IN ATTICS AND CONCEALED SPACES AND SHALL INCLUDE SUPERVISION AND MONITORING IN ACCORDANCE WITH SECTION 903.4. Revise Subsection 903.3.5 as follows: 903.3.5 Water supplies. Water supplies for automatic sprinkler systems shall comply with this section and the standards referenced in Section 903.3.1. The potable water supply shall be protected against backflow in accordance with the requirements of this section and the International Plumbing Code. AUTOMATIC SPRINKLER SYSTEM WATER SUPPLY DATA FOR HYDRAULIC CALCULATIONS SHALL BE BASED ON A CURVE THAT IS 90 PERCENT OF THE AVAILABLE WATER SUPPLY CURVE AS DETERMINED BY FLOW TEST INFORMATION. Add new Subsection 903.3.8 as follows: 903.3.8 AUTOMATIC SPRINKLER SYSTEM RISER LOCATION. THE AUTOMATIC SPRINKLER SYSTEM RISER SHALL BE INSTALLED WITHIN A BUILDING. AN EXTERIOR DOOR LEADING DIRECTLY INTO THE ROOM CONTAINING THE FIRE SPRINKLER RISER AND SHUT OFF CONTROLS SHALL BE PROVIDED. Revise Section 903.4 as follows: 903.4 Sprinkler system monitoring SUPERVISION and alarms. All valves controlling the water supply for automatic sprinkler systems, pumps, tanks, water levels and temperatures, critical air pressures, and water-flow switches on all sprinkler systems shall be electrically supervised BY A LISTED FIRE ALARM CONTROL UNIT. A MANUAL FIRE ALARM BOX SHALL BE PROVIDED. ACTUATION OF THE WATER-FLOW SWITCH OR MANUAL ALARM BOX SHALL CAUSE AN ALARM SIGNAL. Exceptions: 1. CONTROL VALVES ON A—automatic sprinkler systems protecting one- and two-family dwellings. (No change to exception 2 through 7) Revise Subsection 903.4.1 as follows: 903.4.1 Signals MONITORING. Alarm, supervisory and trouble signals shall be distinctly different and shall be automatically transmitted to an approved central station, remote supervising station or proprietary supervising station as defined in NFPA 72 or, when approved by the fire code official, shall sound an audible signal at a constantly attended location. Revise Subsection 903.4.2 as follows: 903.4.2 Alarms. Approved audible devices shall be connected to every automatic sprinkler system. Such sprinkler alarm devices shall be activated by water flow equivalent to the flow of a single sprinkler of the smallest orifice size installed in the system OR BY THE MANUAL FIRE ALARM BOX. Alarm devices shall be provided on the exterior of the building in an approved location. Where a fire alarm system is installed, actuation of the automatic sprinkler system shall actuate the building fire alarm system. 15 Add new Subsection 903.6.2 as follows: FIRE AREA INCREASE. 903.6.2 NON-SPRINKLERED BUILDINGFOR ALL OCCUPANCIES vied SPRINKLER AND ONE AND TWO-FAMILY DWELLINGS, AN APPROVED AUTOMAT THROUGHOUT THE ENTIRE FIRE AREA,EXISTING AND SYSTEM SHALL BE PROVIDED ER THAN 25% THE SQUARE FOOTAGE NEW,WHEN OF THE NEW FIRE AREA IS GREAT Q OF THE TOTAL SQUARE FOOTAGE CREATED BY ADDING THE NEW FIRE AREA TO THE EXISTING FIRE AREA, AND THE AVAILABLE FIRE FLOW IS NOT EQUAL TO THE FIRE FLOW REQUIRED IN ACCORDANCE WITH APPENDIX B. Add new Subsection 903.6.3 as follows: CHANGE OF OCCUPANCY NON-SPRINK LERED BUILDING GROUP. APPROVED AUTOMATIC SPRINKLER SYSTEMS SHALL BE PROVIDED THROUGHOUT THE FIRE AREA OF EXISTING NON SPRIN KLERED OCCUPANCIES WHEN THERE IS A CHANGE OF OCCUPANCY TO A GROUP A,E,F,H,I,R-1,R-2,R-4, OR S-1 OCCUPANCY. Add new Subsection 907.2.24 as follows: BUILDING. A MANUAL MULTI-TENANT COMMERCIAL FIRE ALARM SYSTEM FOR INSTALLED THROUGHOUT SHALL BE THE ENTIRE BUILDING INTENDED000 GROSS SQUARE FEET. MULTIPLE COMMERCIAL TENANT SPACES EXCEEDING 18,000 ALARM BOXES ARE NOT REQUIRED WHERE THE EXCEPTION: MANUAL FIRE EQUIPPED THROUGHOUT WITH AN AUTOMATIC SPRINKLERBUILDING IS Q SYSTEM AND THE ALARM NOTIFICATION APPLIANCES WILL ACTIVATE UPON SPRINKLER WATER FLOW. Add new Subsections 907.10.3, 907.10.3.1, 907.10.3.2, and 907.10.1.3.3 as follows: 907.10.3 ANNUNCIATION PANEL. AN ANNUNCIATION PANEL SHALL BE INSTALLED IN ACCORDANCE WITH SECTIONS 907.10.3.1 THROUGH 907.10.3.3. 907.10.3.1 LOCATION. AN ANNUNCIATION PANEL SHALL BE LOCATED NOT MORE DEPARTMENT ACCESS DOOR. THE PRIMARY FIRE THAN 5 FEET (1524 MM) FROM ADDITIONAL ANNUNCIATION PANELS SHALL BE LOCATED NOT MORE THAN 5 FEET (1524 MM) FROM A SECONDARY FIRE DEPARTMENT ACCESS DOOR OR AS APPROVED BY THE CODE OFFICIAL. OF THE ANNUNCIATION HEIGHT. THE HEIGHTCIATION PANEL SHALL BE ACHES (1372 MM) MM) ANDMINIMUM OF 42 INCHES (1067 A MAXIMUM OF 48 IN MEASURED VERTICALLY, FROM THE FLOOR LEVEL TO THE BOTTOM OF THE PANEL. 907.10.3.3 FUNCTION. ANNUNCIATION PANELS SHALL INDICATE ALL ALARM, SUPERVISORY,AND TROUBLE SIGNALS. Revise Section 913.4 as follows: • • provided, the fire pumpsuction, discharge and bypass valves, and the 913.4 Valve supervision. Where Isolation valves on the backflow prevention device or assembly shall be supervised IN ACCORDANCE WITH SECTION 903.4.open by one of the following methods. NO110 16 3. Locking valves open. ATTERell Revise Section 1028.2 as follows: 1028.2 Reliability. Required exit accesses, exits or exit discharges shall be continuously maintained free from obstructions or impediments to full instant use in the case of fire or other emergency when the areas served by such exits are occupied. Security devices affecting means of egress shall be subject to approval of the fire code official. WHERE PANIC AND FIRE EXIT HARDWARE IS INSTALLED, PANIC OR FIRE EXIT HARDWARE SHALL BE THE ONLY LOCKING DEVICE ON THE DOOR. ::;I:lA AT E l Add new Section 1410.3 as follows: 1410.3 ADDRESS AND ACCESS ROAD SIGNS.ALL STRUCTURES UNDER CONSTRUCTION SHALL BE CLEARLY IDENTIFIED WITH AN APPROVED ADDRESS AND BUILDING NUMBER. DURING CONSTRUCTION, APPROVED SIGNS SHALL BE LOCATED TO DIRECT EMERGENCY RESPONDERS INTO AND THROUGH THE CONSTRUCTION SITE. sow TEMPORARY STREET SIGNS SHALL BE INSTALLED AT EACH STREET INTERSECTION WHEN CONSTRUCTION OF NEW ROADWAYS ALLOWS PASSAGE OF VEHICLES. SIGNS SHALL BE OF AN APPROVED SIZE, WEATHER RESISTANT, AND BE MAINTAINED UNTIL REPLACED BY PERMANENT SIGNS. C...H 4PT.`.:R 32 Revise Subsection 3204.3.1.1 as follows: 3204.3.1.1 Location. Stationary containers shall be located in accordance with Section 3203.6. Containers of cryogenic fluids shall not be located within diked areas containing other hazardous materials. Storage of flammable cryogenic fluids in stationary containers outside of buildings is prohibited within the BOUNDARIES OF THE TOWN OF ORO VALLEY. limits established by law as the limits of International Fire Code on page v). i Revise Subsection 3301.2.3 as follows: 3301.2.3 Permit restrictions. THE STORAGE OF EXPLOSIVES, EXPLOSIVE MATERIALS, AND BLASTING AGENTS IS PROHIBITED WITHIN THE BOUNDARIES OF THE TOWN OF ORO VALLEY. The fire code official is authorized to limit the quantity of explosives, explosive Lip, materials, or fireworks permitted FOR USE at a given location. No person, possessing a permit for USE 17 storage of explosives at any place, shall keep or store an amount greater than authorized in such permit. Only the kind of explosive specified in such a permit shall be USED :v. Revise Subsection 3404.2.9.5.1 as follows. 3404.2.9.5.1 Locations where above-ground tanks are prohibited. Storage of Class I and II liquids in above-ground tanks outside of buildings, EXCEEDING 2,000 GALLONS OR 4,000 GALLONS IN AGGREGATE VOLUMEprohibited is within the BOUNDARIES OF THE TOWN OF ORO • • VALLEY. •-- - . • --: : . .. •- - - on page v). Revise Subsection 3406.2.4.4 as follows: 3406.2.4.4 Locations where above-ground tanks are prohibited. The storage of Class I and II liquids in above-ground tanks EXCEEDING 2,000 GALLONS OR 4,000 GALLONS IN AGGREGATE VOLUME is prohibited within the BOUNDARIES OF THE TOWN OF ORO VALLEY. limits established bylaw as the limits- of districts i which such storage is prohibited (see Sect . Revise Subsection 3803.2.1.7 as follows: 3803.2.1.7 Use for food preparation. -- - •=: = • -: Mechanical-Code and NFPA 58. LISTED AND APPROVED LP-GAS COMMERCIAL FOOD SHALL BE PERMITTED TO SERVICE APPLIANCESBE USED INSIDE RESTAURANTS AND IN ATTENDED COMMERCIAL FOOD CATERING OPERATIONS PROVIDED THAT NO COMMERCIAL FOOD SERVICE APPLIANCES SHALL HAVE MORE THAN TWO 10-OZ NON-REFILLABLE BUTANE GAS CONTAINERS HAVING A MAXIMUM WATER PER CONTAINER CONNECTED DIRECTLY 1.08 LB. IRECTLY TO THE APPLIANCE AT ANY TIME AND CONTAINERS SHALL NOT BE MANIFOLDED. THE APPLIANCE FUEL CONTAINERS) SHALL BE AN INTEGRAL PART OF THE LISTED, APPROVED COMMERCIAL FOOD SERVICE DEVICE AND SHALL BE CONNECTED WITHOUT THE USE OF A RUBBER HOSE. BUTANE CONTAINERS SHALL BE LISTED. STORAGE IN RESTAURANTS AND AT FOOD SERVICE LOCATIONS OF 10-OZ BUTANE NON- REFILLABLE CONTAINERS SHALL BE LIMITED TO NO MORE THAN TWENTY-FOUR CONTAINERS. Revise Section 3804.2 as follows: 3804.2 Maximum capacity within established limits. Within the limits established by l-aw restricting BOUNDARIES OF THE TOWN OF ORO VALLEY, the storage of liquefied petroleum gas far- he - _ --• • , -: ; :-.- -: • -. , -- aggregate capacity of any one installation shall not exceed a water capacity of 2,000 gallons (7570 L) -- -- •=- = -. -...= - e : '.- - • °'' •:- of the International Fire Code on page v). 18 Exception: In particular installations, this capacity limit shall be determined by the fire code official, after consideration of special features such as topographical conditions, nature of occupancy, and proximity to buildings, capacity of proposed containers, degree of fire protection to be provided and capabilities of the local fire department. APPENDIX..i Revise Section B105.1 as follows: B105.1 One- and two-family dwellings. The minimum fire-flow requirements for one- and two-family dwellings having a fire-flow calculation area which does not exceed 3,600 square feet (344.5 m2), OR THEIR DETACHED ACCESSORY STRUCTURES GREATER THAN 1,000 SQUARE FEET, shall be 1,000 gallons per minute (3785.4 L/min). Fire-flow and flow duration for dwellings AND DETACHED ACCESSORY STRUCTURES having a fire-flow calculation area in excess of 3,600 square feet(344.5 m2) shall not be less than that specified in Table B105.1. Exception: A reduction in required fire flow of 50 percent, as approved, is allowed when the building is provided with an approved automatic sprinkler system. Revise Table B105.1 footnote a. as follows: Table B105.1 footnotes -. _- o • hA. Types of construction are based on the International Building Code. GB. Measured at 20 psi. 411Nor .g Revise Section D103.1 as follows: D103.1 Fire apparatus Access road width with a hydrant. Where a fire hydrant is located on a fire apparatus access road, the minimum road width shall be 26 feet(7925 mm). EXCEPTION: MINIMUM WIDTH LESS THAN 26 FEET AS APPROVED BY THE CODE OFFICIAL. 411110, 19 Revise Figure D103.1 by deleting and replacing as follows: FIGURE D103.1 4) , „.....,,,.., .....4 •,.<' 4:- \\\,.., ,,/).,::,: „.._,,,, / 7! - \\\ I 4' .. •,,- 0,04,4'0 .`s: .. ,\ \ _ , 60 _ ill MiN -4 _,...„, '' 4' ..• .----.9 ' CI STR EET fo, -a • 4f ' \ 17.:(--;('‘' --3 -4 7., ,- AO ru WIDTH 0 1 0.. 4--1Zit. Xf „' r- X1c 3, --. 0 13 MIN. o r-,1 i* c rn pi : ti) xi 0=I ..< P ,. ;FJ PAIMINO a 0 A C rn r,-, Ir DESIGSED In 0> --f -r)0 It” 31 71)› MI g Xi -I 0 rl LI Ay 7 -Ttl' — A c4 V 4—4, --..... 4 I, MIN. N N1 ..-- tiY • .-----,„ _, 7:,-1 ---- PROPERTY UNE 11 4'..- , x m xl ,..., , • — r Q 7 r \ ,5 0 -0 rrt \ 4.4p . — n; 2 0 0 C C .n Ln CT, 0, gc..1 rl „22 rei C'.t.' -4 rn ..N.A --..........................—........—........----- c.,-- ::0 G-<, MAX.7) CONNECTING STREE r;SEE 3-01.6.,...'.8 41 .1-------,. .. . •"--— //, •\"(#7/ C) / -------..-- ------ --- a 1 _--- r:1 i 1 to 20 iloor Revise Table D103.4 as follows: Table D103.4 Requirements for dead-end fire apparatus access roads. LENGTH WIDTH (feet) (feet) TURNAROUNDS REQUIRED 0-150 20 None required - I " » 151- 2 accordance with Figure D103.1 600 0 "HAMMERHEAD",, "Y" OR CUL-DE-SAC IN ACCORDANCE WITH FIGURES D103.1,D103.2 AT TERMINAL END 501 750 accordance with Figure D103.1 26 "HAMMERHEAD", "Y" OR CUL-DE-SAC IN ACCORDANCE 601-1200 WITH FIGURES D103.1, D103.2 AT TERMINAL END AND MIDWAY Over 7-544 1200 Special approval required Revise Section D103.5 as follows: D103.5 Fire apparatus access road gates. Gates securing fire apparatus access roads shall comply with all of the following criteria: 1. The minimum gate width shall be 20 feet(6096 mm). 41111W 2. Gates shall be of the swinging or sliding type. 3. Construction of gates shall be of materials that allow manual operation by one person. 4. Gate components shall be maintained in an operative condition at all times and replaced or repaired when defective. 5. Electrically operated gates • •- -- '••-- • ••- - : ::--••• -- •. - :-:. ---- A. SHALL BE EQUIPPED WITH A MEANS OF OPENING THE GATE BY FIRE DEPARTMENT PERSONNEL FOR EMERGENCY ACCESS. EMERGENCY OPENING DEVICES SHALL BE APPROVED BY THE CODE OFFICIAL. B. SHALL BE IN THE FULLY OPENED POSITION IN NO MORE THAN 30 SECONDS. C. SHALL HAVE A MANUAL OVERRIDE SYSTEM. MANUAL OVERRIDE OPERATIONS SHALL BE LOCATED ON THE ENTRANCE SIDE OF GATE, OR WHEN POWER HAS FAILED, THE GATE(S) SHALL OPEN AND STAY OPEN UNTIL POWER IS RESTORED FOR NORMAL OPERATIONS. D. SHALL HAVE AN APPROVED FIRE DEPARTMENT KEYED OVERRIDE SWITCH. E. SHALL HAVE INSTALLED APPROVED PREEMPTIVE CONTROL OPENING EQUIPMENT COMPATIBLE WITH THE FIRE DEPARTMENT'S EXISTING SYSTEM. 6. Manual opening gates -. •: :- - -: • - . :.: : : -.•- . -: :.: : .- -- • .to the lock is installed at the gate location. 21 A. SHALL NOT BE LOCKED WITH A PADLOCK OR CHAIN AND PADLOCK UNLESS AN APPROVED FIRE DEPARTMENT KEY BOX OR AN APPROVED FIRE DEPARTMENT PADLOCK IS INSTALLED. B. KEYS SHALL BE PROVIDED FOR INSTALLATION INTO THE APPROVED FIRE DEPARTMENT KEY BOX. KEYS SHALL BE MAINTAINED CURRENT. 7. Locking device specifications shall be submitted for approval by the code official. 8. A CONSTRUCTION PERMIT IN ACCORDANCE WITH SUBSECTION 105.7.14 IS REQUIRED TO INSTALL OR MODIFY GATES ACROSS FIRE APPARATUS ACCESS ROADS. Add new Subsection D103.5.1 as follows: D103.5.1 EXISTING FIRE APPARATUS ACCESS ROAD GATES. EXISTING GATES SECURING FIRE APPARATUS ACCESS ROADS SHALL COMPLY WITH D103.5. Revise Section D103.6 as follows: D103.6 Signs. Where required by the fire code official, fire apparatus access roads shall be marked with permanent ! ' • -'• - - ' -• • - signs complying with Figure D103.6. Signs shall have a minimum dimension of 12 inches (305 mm) wide by 18 inches (457 mm) high and have red letters on a white reflective background AND AN INTERNATIONAL NO PARKING SYMBOL WITH A BLACK P, SIX INCHES HIGH. UNDERNEATH THE NO PARKING SYMBOL, IN ONE-AND- FIVE-EIGHTHS INCH HIGH AND ONE-QUARTER INCH STROKE, IN RED LETTERING IT SHALL READ: FIRE ACCESS TOW-AWAY. Signs shall be posted on one or both sides of the fire apparatus road as required by Section D103.6.1 or D103.6.2. SIGNS SHALL BE INSTALLED AT POINTS NOT MORE THAN 100 FEET APART ALONG maid THE LENGTH OF THE REQUIRED FIRE APPARATUS ACCESS ROAD. SIGNS SHALL BE VISIBLE FROM THE DIRECTION OF TRAFFIC. THE BOTTOM OF EVERY SUCH SIGN SHALL BE LOCATED NOT LESS THAN 7 FEET NOR MORE THAN 10 FEET ABOVE THE GROUND SURFACE LEVEL AND THE LEADING EDGE SHALL BE A MINIMUM OF 2 FEET FROM THE DRIVE LANE OR EDGE OF CURB. CONSTRUCTION, INSTALLATION, AND MAINTENANCE OF THE SIGNS SHALL BE DONE AT NO EXPENSE TO THE TOWN. MATERIALS AND LOCATIONS OF EACH SIGN SHALL BE INDICATED IN THE DEVELOPMENT PLANS OR CONSTRUCTION DOCUMENTS SUBMITTED TO THE CODE OFFICIAL. SIGNS SHALL BE POSTED ON ONE OR BOTH SIDES OF THE FIRE APPARATUS ROAD,AS REQUIRED BY SECTION D103.6.1 OR D103.6.2. ALTERNATIVE SIGNS MAY BE ALLOWED WITH SUFFICIENT DOCUMENTATION AND PRIOR APPROVAL. ONLY FIRE APPARATUS ACCESS ROADWAYS REQUIRED UNDER THE AUTHORITY OF THIS SECTION OR AS APPROVED BY THE FIRE CODE OFFICIAL MAY BE POSTED OR IDENTIFIED WITH THE APPROVED SIGN. UNAUTHORIZED SIGNS SHALL BE REMOVED. Revise Figure D103.6 by deleting and replacing as follows: FIGURE D103.6 FIRE 41110101 ACCESS TOW-AWAY 22 Add new Section D103.7 as follows: D103.7 DRIVEWAYS. DRIVEWAYS EXCEEDING 150 FEET IN LENGTH PROVIDING ACCESS TO DWELLING UNITS SHALL PROVIDE A MINIMUM UNOBSTRUCTED WIDTH OF 14 FEET (3658 MM) AND A MINIMUM UNOBSTRUCTED HEIGHT OF 13 FEET 6 INCHES (4115 MM). DRIVEWAYS IN EXCESS OF 150 FEET (45 720 MM) IN LENGTH SHALL BE PROVIDED WITH TURNAROUNDS. DRIVEWAYS IN EXCESS OF 200 FEET (60 960 MM) IN LENGTH AND LESS THAN 20 FEET (6096 MM) IN WIDTH SHALL BE PROVIDED WITH TURNOUTS IN ADDITION TO TURNAROUNDS. A DRIVEWAY SHALL NOT SERVE IN EXCESS OF FIVE DWELLING UNITS. DRIVEWAYS THAT CONNECT WITH A ROAD OR ROADS AT MORE THAN ONE POINT MAY BE CONSIDERED AS HAVING A TURNAROUND. DRIVEWAY TURNOUTS SHALL BE AN ALL-WEATHER ROAD SURFACE AT LEAST 10 FEET (3048 MM) WIDE AND 30 FEET (9144 MM) LONG. DRIVEWAY TURNOUTS SHALL BE LOCATED AS REQUIRED BY THE FIRE CODE OFFICIAL. Add new Section D103.8 as follows: D103.8 DIVIDED FIRE APPARATUS ACCESS ROAD TURNAROUNDS. FIRE APPARATUS ACCESS ROADS THAT ARE DIVIDED WITH MEDIANS SHALL BE PROVIDED WITH MEDIAN BREAKS FOR EMERGENCY VEHICLE TURNAROUND. THE MAXIMUM DISTANCE BETWEEN MEDIAN BREAKS SHALL BE 2,640 FEET. Revise Section D104.2 as follows: D104.2 Buildings, FACILITIES, AND SHOPPING CENTERS exceeding 62,000 square feet in GROSS BUILDING FIRE area. Buildings, of facilities,AND SHOPPING CENTERS having a gross building FIRE area of more than 62,000 square feet (5760 m2) shall be provided with two separate and approved fire apparatus access roads. - _. •. .. .•_ • .•.. _ . . . , ... . - -- . .. . Add new Section D104.4 as follows: D104.4 WIDTH. FIRE APPARATUS ACCESS ROADS SHALL HAVE A MINIMUM UNOBSTRUCTED WIDTH OF 28 FEET (8535 MM) IN THE IMMEDIATE VICINITY OF ANY BUILDING OR PORTION OF BUILDING. FIRE APPARATUS ACCESS ROADS NOT EXCEEDING 32 FEET WIDE (9754 MM) SHALL BE POSTED ON BOTH SIDES OF THE ROAD AS A FIRE LANE. FIRE APPARATUS ACCESS ROADS EXCEEDING 32 FEET WIDE (9754 MM) SHALL BE POSTED ON ONE SIDE OF THE ROAD AS A FIRE LANE. POSTING SHALL INCLUDE SIGNAGE AS INDICATED IN SECTION D103.6 AND CURBS OR PAVEMENT PAINTED RED WITH THE WORDS "NO PARKING—FIRE LANE" STENCILED EVERY 50 FEET. Revise Section D105.2 as follows: D105.2 Width. Fire apparatus access roads shall have a minimum unobstructed width of 26 feet (7925 } 28 FEET (8535 MM) in the immediate vicinity of any building or portion of building more than 30 itiar, feet(9144 mm) in height. 23 Revise Section D106.1 as follows: D106.1 Projects havingmore than 100 dwelling units. Multiple-family residential projects having more than 100 dwelling units shall be equipped throughout with two separate and approved fire apparatus access roads. _ •• •••. • I•• • .•• • ,/ I • •• •• .• • • .•• - -• I -: - • ••• • / • _ •.. • ..• - • . •I . . . . • Revise Section D106.2 as follows: I 24 ■ TOWN OF ORO VALLEY OUNCIL COMMUNICATION MEETING DATE: FEBRUARY 21, 2007 TO: HONORABLE MAYOR& COUNCIL FROM: Suzanne Smith, Building Safety Director SUBJECT: ORDINANCE NO. (0) 07 - FREPEALING THE 1997 UNIFORM ADMINISTRATIVE CODE. SUMMARY: The Town is currently enforcing the 1997 Uniform Administrative Code. The Town has adopted the 2006 International Codes, which are inconsistent with the 1997 Uniform Administrative Code. The 2006 International Codes contain internally consistent administrative code sections to properly administer the codes. The purpose of this Ordinance is to formally repeal the 1997 Uniform Administrative Code. Approval will provide the Town of Oro Valley with consistent administrative procedures for management of the adopted 2006 Zternational Codes. FISCAL IMPACT: There is no fiscal impact to the Town as a result of approving this ordinance. RECOMMENDATION: Staff recommends that the Mayor and Council approve the repeal of the Uniform Administrative Code, 1997 edition. SUGGESTED MOTION: I move to approve Ordinance No. (0) 07- 12 , the repeal of the Uniform Admistrative Code, 1997 edition and amendments thereto, attached in Exhibit A. ATTACHMENTS: rdinance No. (0) 07 - 12 , and Exhibit A attached thereto. TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 2 of 2 Teak Building Sa = Director ssistant Town Manager DALIAA Town Manager ORDINANCE NO. (0) 07- 12 AN ORDINANCE OF THE TOWN OF ORO VALLEY, ARIZONA REPEALING THE 1997 UNIFORM ADMINISTRATIVE CODE; 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, 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 subdivision under the Constitution and laws of the State of Arizona and the United States; and WHEREAS, on July 31, 2000, the Town Council approved Ordinance No. (0) 00-24, which adopted that certain document entitled the "1997 Uniform Administrative Code; and WHEREAS, the Town has adopted the 2006 International Codes, which are inconsistent with the "1997 Uniform Administrative Code"; and WHEREAS, the 2006 International Codes contain internally consistent administrative codes. NOW, THEREFORE, BE IT ORDAINED that Ordinance No. 02-12, adopting the "1997 Uniform Administrative Code (attached as Exhibit "A") is hereby repealed. NOW BE IT FURTHER ORDAINED by the Mayor and Council of the Town of Oro Valley as follows: Section 1. All Oro Valley Ordinances, Resolutions, or Motions and parts of Ordinances, Resolutions, or Motions of the Council in conflict with the provisions of this Ordinance are hereby repealed. Section 2. 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 F:\Building Safety\Suzanne\Council 1\2006 CODE ADOPTIONS\RESOLUTIONS AND ORDINANCES\Repeal 97 Uniform Administrative Code.doc Town of Oro Vall PASSED AND ADOPTED by Mayor and Town Council, the Town of Oro Valley, .44.00 Arizona, this 21 s t day of February , 2007. TOWN OF ORO VALLEY Paul H. Loomis, Mayor ATTEST: APPROVED AS TO FORM: Kathryn E. Cuvelier, Town Clerk Melinda Garrahan, Town Attorney Date: Date: EXHIBIT "A" 1997 UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGSTME op o Ew UNIFORM eL z BUILDING ai 16� CODye �tN�.fStx First Printing Publication date: March 1997 ISSN 0896-971X ISBN 884590-76-4 COPYRIGHT© 1994, 1995, 1996, 1997 by International Conference of Building Officials 5360 WORKMAN MILL ROAD WHITTIER, CALIFORNIA 90601-2298 (800)284-4406 • (562) 699-0541 PRINTED IN THE U.S.A. Preface „pair The provisions of this codedevelopedjurisdictions were to afford jurisdictions reasonable procedures for the classification and abatement of danger- ous buildings. This code is designed to be compatible with the Uniform Building CodeTM and the Uniform Housing CodeTM.While the Housing Code is applicable onlyto residential buildings,the Uniform Code for the Abatement of Dangerous BuildingsTM is designed to apply to all types of PP buildings and structures.The notices,orders and appeals procedures specified have been found to be workable and are referenced by the Uniform Building Code. IfP P ro erly followed,the provisions of this code will provide the building official with the proper legal steps in abating dilapidated, defective buildings which endanger life,health,property and public safety within concepts of fair play and justice. • • 4110{ iii CODES AND BELATED PUBLICATIONS The International Conference of Building Officials(ICBO)publishes a family of codes,each correlated with the Uniform Building NNW Codeml to provide jurisdictions with a complete set of building-related regulations for adoption.Some of these codes are published in affiliation with other organizations such as the International Fire Code Institute(IFCI)and the International Code Council(ICC).Refer- ence materials and related codes also are available to improve knowledge of code enforcement and administration of building inspec- tion programs.Publications and products are continually being added,so inquiries should be directed to Conference headquarters for a listing of available products.Many codes and references are also available on CD-ROM or floppy disk.These are denoted by(*).The following publications and products are available from ICBO: CODES Uniform Mechanical Code and related codes. It contains provisions *Uniform Building Code, Volumes 1, 2 and 3. The most widely which relate to site preparation,construction,alteration,moving,repair adopted model building code in the United States, the performance- and use and occupancies of buildings or structures and building service based Uniform Building Code is a proven document,meeting the needs equipment,including plumbing,electrical and mechanical regulations. of government units charged with the enforcement of building regula- The code is compatible with the administrative provisions of all codes tions.Volume 1 contains administrative,fire-and life-safety and field published by the Conference. inspection provisions;Volume 2 contains structural engineering design Uniform Building Security Code".This code establishes mini- provisions; and Volume 3 contains material, testing and installation mum standards to make dwelling units resistant to unlawful entry. It standards. regulates swinging doors,sliding doors,windows and hardware in con- *Uniform Mechanical Code".Provides a complete set of require- nection with dwelling units of apartment houses or one-and two-family ments for the design, construction, installation and maintenance of dwellings.The code gives consideration to the concerns of police,fire heating,ventilating,cooling and refrigeration systems;incinerators and and building officials in establishing requirements for resistance to bur- other heat-producing appliances. glary which are compatible with fire and life safety. International Plumbing Code". Provides consistent and techni- Uniform Code for Building Conservation' .A building conserva- cally advanced requirements that can be used across the country to pro- tion guideline presented in code format which will provide a communi- vide comprehensive regulations of modern plumbing systems.Setting ty with the means to preserve its existing buildings while achieving minimum regulations for plumbing facilities in terms of performance appropriate levels of safety. It is formatted in the same manner as the objectives,the IPC provides for the acceptance of new and innovative Uniform Building Code, is compatible with other Uniform Codes,and products,materials and systems. may be adopted as a code or used as a guideline. International Private Sewage Disposal Code".Provides flexibil- Dwelling Construction under the Uniform Building Code". ity in the development of safety and sanitary individual sewage disposal Designed primarily for use in home building and apprentice training, systems and includes detailed provisions for all aspects of design, this book contains requirements applicable to the construction of one- installation and inspection of private sewage disposal systems. and two-story dwellings based on the requirements of the Uniform International Mechanical Code 1'. Establishes minimum regula- Building Code.Available in English or Spanish. tions for mechanical systems using prescriptive and performance- Dwelling Construction under the Uniform Mechanical Code related provisions. It is founded on broad-based principles that make This publication is for the convenience of the homeowner or contractor possible the use of new materials and new mechanical designs. interested in installing mechanical equipment in a one-or two-family Uniform Zoning Code".This code is dedicated to intelligent corn- dwelling in conformance with the Uniform Mechanical Code. munity development and to the benefit of the public welfare by provid- Supplements to UBC and related codes.Published in the years be- ing a means of promoting uniformity in zoning laws and enforcement. tween editions,the Supplements contain all approved changes,plus an *Uniform Fire Code", Volumes 1 and 2.The premier model fire analysis of those changes. code in the United States,the Uniform Fire Code sets forth provisions Uniform Building Code-1927 Edition.A special 60th anniversa- necessary for fire prevention and fire protection. Published by the ry printing of the first published Uniform Building Code. International Fire Code Institute,the Uniform Fire Code is endorsed by One and Two Family Dwelling Code. Promulgated by ICC, this the Western Fire Chiefs Association,the International Association of code eliminates conflicts and duplications among the model codes to Fire Chiefs and ICBO.Volume 1 contains code provisions compatible achieve national uniformity.Covers mechanical and plumbing require- with the Uniform Building Code, and Volume 2 contains standards ref- ments as well as construction and occupancy. erenced from the code provisions. Application and Commentary on the One and Two Family *Urban-Wildland Interface Code". Promulgated by IFCI, this Dwelling Code. An interpretative commentary on the One and Two code regulates both land use and the built environment in designated ur- Family Dwelling Code intended to enhance uniformity of interpretation ban-wildland interface areas. This newly developed code is the only and application of the code nationwide.Developed by the three model model code that bases construction requirements on the fire-hazard code organizations, this document includes numerous illustrations of severity exposed to the structure. Developed under a grant from the code requirements and the rationale for individual provisions. Federal Emergency Management Agency,this code is the direct result of hazard mitigation meetings held after devastating wildfires. Model Energy Code.This code includes minimum requirements for Uniform Housing Code".Provides complete requirements affect- effective use of energy in the design of new buildings and structures and ing conservation and rehabilitation of housing.Its regulations are corn- additions to existing buildings. It is based on American Society of Heat- patible with the Uniform Building Code. ing,Refrigeration and Air-conditioning,Engineers Standard 90A-1980 and was originally developed jointly by ICBO,BOCA,SBCCI and the Uniform Code for the Abatement of Dangerous Buildings' .A National Conference of States on Building Codes and Standards under a code compatible with the Uniform Building Code and the Uniform contract funded by the United States Department of Energy.The code is Housing Code which provides equitable remedies consistent with other now maintained by ICC and is adopted by reference in the Uniform laws for the repair,vacation or demolition of dangerous buildings. Building Code. Uniform Sign Code'.Dedicated to the development of better sign National Electrical Code®.The electrical code used throughout the regulation, its requirements pertain to all signs and sign construction United States.Published by the National Fire Protection Association,it attached to buildings. is an indispensable aid to every electrician,contractor,architect,build- Uniform Administrative Code".This code covers administrative er,inspector and anyone who must specify or certify electrical installa- areas in connection with adoption of the Uniform Building Code, tions. iv TECHNICAL REFERENCES AND EDUCATIONAL and financial aspects of a building department. It is also an ideal MATERIALS resource for those preparing for the management module of the CABO Analysis of Revisions to the Uniform Codes . An analysis of Building Official Certification Examination. changes between the previous and new editions of the Uniform Codes is Legal Aspects of Code Administration.A manual developed by the provided.Changes between code editions are noted either at the begin- three model code organizations to inform the building official on the le- vow ning of chapters or in the margins of the code text. gal aspects of the profession.The text is written in a logical sequence *Handbook to the Uniform Building Code. The handbook is a with explanation of legal terminology. It is designed to serve as a completely detailed and illustrated commentary on the Uniform Build- refresher for those preparing to take the legal module of the CABO ing Code, tracing historical background and rationale of the codes Building Official Certification Examination. through the current edition.Also included are numerous drawings and Illustrated Guide to Conventional Construction Provisions of figures clarifying the application and intent of the code provisions.Also the UBC. This comprehensive guide and commentary provides available in electronic format. detailed explanations of the conventional construction provisions in the *Handbook to the Uniform Mechanical Code.An indispensable UBC, including descriptive discussions and illustrated drawings to tool for understanding the provisions of the current UMC,the handbook convey the prescriptive provisions related to wood-frame construction. traces the historical background and rationale behind the UMC provi- Introduction to the Uniform Building Code.A workbook that ero- sions,includes 160 figures which clarify the intent and application of vides an overview of the basics of the UBC. the code,and provides a chapter-by-chapter analysis of the UMC. Uniform Building Code Update Workbook.This manual address- *Uniform Building Code Application Manual. This manual es many of the changes to the administrative,fire-and life-safety,and discusses sections of the Uniform Building Code with a question-and- inspection provisions appearing in the UBC. answer format, providing a comprehensive analysis of the intent of UMC Workbook. Designed for independent study or use with the code sections. Most sections include illustrative examples. The instructor-led programs based on the Uniform Mechanical Code, this manual is in loose-leaf format so that code applications published magazine be inserted. Also available in comprehensive study guide consists of 16 learning sessions,with the in Building Standards may y first two sessions reviewing the purpose,scope,definitions and admin electronic format. istrative provisions and the remaining 14 sessions progressively explor- *Uniform Mechanical Code Application Manual.As a compan- ing the requirements for installing,inspecting and maintaining heating, ion document to the Uniform Mechanical Code, this manual provides ventilating,cooling and refrigeration systems. a comprehensive analysis of the intent of a number of code sections in UBC Field Inspection Workbook.A comprehensive workbook for an easy-to-use question-and-answer format.The manual is available in this a loose-leaf format and includes illustrative examples for many code studying the provisions of the UBC. Divided into 12 sessions, sections. workbook focuses on the UBC combustible construction requirements Manual.This newlydeveloped for the inspection of wood-framed construction. *Uniform Fire Code Applications P manualp questions uestions and answers regarding UFC provisions. Concrete Manual.A publication for individuals seeking an under- standing comprehensive analysis of the intent of numerous code sections,the of the fundamentals of concrete field technology and inspec- manual is in a loose-leaf format for easy insertion of code applications tion practices.Of particular interest to concrete construction inspectors, published in IFCI's Fire Code Journal. it will also benefit employees of concrete producers,contractors,test- Quick-Reference Guide to the Occupancy Requirements of the 1997 UBC. Code requirements are compiled in this publication by Reinforced Concrete Masonry Construction Inspector's Hand- occupancy groups for quick access. These tabulations assemble book.A comprehensive information source written especially for ma- requirements for each occupancy classification in the code.Provisions, sonry inspection covering terminology,technology,materials,quality such as fire-resistive ratings for occupancy separations in Table 3-B, control, inspection and standards.Published jointly by ICBO and the exterior wall and opening protection requirements in Table 5-A-1,and Masonry Institute of America. fire-resistive ratings for types of construction in Table 6-A,are tabu- You Can Build It!Sponsored by ICBO in cooperation with CABO, lated for quick reference and comparison. this booklet contains information and advice to aid"do-it-yourselfers" Plan Review Manual.A practical text that will assist and guide both with building projects.Provides guidance in necessary procedures such the field inspector and plan reviewer in applying the code requirements. as permit requirements,codes,plans,cost estimation,etc. This manual covers the nonstructural and basic structural aspects of Guidelines for Manufactured Housing Installations.A guideline plan review. in code form implementing the Uniform Building Code and its compan- Field Inspection Manual. An important fundamental text for ion code documents to regulate the permanent installation of a man- courses of study at the community college and trade or technical school ufactured home on a privately owned,nonrental site.A commentary is level.It is an effective text for those studying building construction or included to explain specific provisions, and codes applying to each architecture and includes sample forms and checklists for use in the component part are defined. field. Accessibility Reference Guide.This guide is a valuable resource for Building Department Administration.An excellent guide for im- architects,interior designers,plan reviewers and others who design and provement of skills in departmental management and in the enforce- enforce accessibility provisions.Features include accessibility require- ment and application of the Building Code and other regulations ments,along with detailed commentary and graphics to clarify the pro- administered by a building inspection department.This textbook will visions;cross-references to other applicable sections of the UBC and also be a valuable aid to instructors,students and those in related profes- the Americans with Disabilities Act Accessibility Guidelines;a check- sional fields. list of UBC provisions on access and usability requirements;and many Building Department Guide to Disaster Mitigation. This new, other useful references. expanded guide is designed to assist building departments in develop- Educational and Technical Reference Materials.The Conference ing or updating disaster mitigation plans. Subjects covered include has been a leader in the development of texts and course material to guidelines for damage mitigation, disaster-response management, assist in the educational process.These materials include vital informa- immediate response, mutual aid and inspections, working with the tion necessary for the building official and subordinates in carrying out media,repair and recovery policies,and public information bulletins. their responsibilities and have proven to be excellent references in con- This publication is a must for those involved in preparing for and nection with community college curricula and higher-level courses in responding to disaster. the field of building construction technologyAnd inspection and in the Building Official Management Manual. This manual addresses administration of building departments. Included are plan review the unique nature of code administration and the managerial duties of checklists for structural,nonstructural,mechanical and fire-safety pro the building official.A supplementary insert addresses the budgetary visions and a full line of videotapes and automated products. v TABLE OF CONTENTS 411tor Chapter 1 Title and Scope 1 Section 604 Conduct of Hearing 11 Section 101 Title 1 Section 605 Method and Form of Decision 12 Section 102 Purpose and Scope 1 Section 103 Alterations,Additions and Repairs 1 Chapter 7 Enforcement of the Order of the Building Official or the Board of Appeals ... . 13 Chapter 2 Enforcement 3 Section 701 Compliance 13 Section 201 General 3 Section 702 Extension of Time to Perform Work 13 Section 202 Abatement of Dangerous Buildings 3 Section 703 Interference with Repair or Demolition Section 203 Violations 3 Work Prohibited 13 Section 204 Inspection of Work 3 Chapter 8 Performance of Work of Repair or Demolition 15 Section 205 Board of Appeals 3 Section 801 General 15 Chapter 3 Definitions 5 Section 802 Repair and Demolition Fund 15 Section 301 General 5 Chapter 9 Recovery of Cost of Repair or Demolition ... . 17 Section 302 Dangerous Building 5 Section 901 Account of Expense,Filing of Report .... 17 Chapter 4 Notices and Orders of Building Official 7 Section 902 Notice of Hearing 17 Section 401 General 7 Section 903 Protests and Objections 17 Section 402 Recordation of Notice and Order 7 Section 904 Hearing of Protests 17 Section 403 Repair,Vacation and Demolition 7 Section 905 Personal Obligation or Special Assessment 17 Section 404 Notice to Vacate 8 Section 906 Contest 17 Section 907 Authority for Installment Payment of Chapter 5 Appeal 9 Assessments with Interest 17 Section 501 General 9 Section 908 Lien of Assessment 17 Section 502 Effect of Failure to Appeal 9 Section 909 Report to Assessor and Tax Collector: Section 503 Scope of Hearing on Appeal 9 Addition of Assessment to Tax Bill 17 Section 504 Staying of Order under Appeal 9 Section 910 Filing Copy of Report with ,,, County Auditor 18 Chapter 6 Procedures for Conduct of Hearing Appeals .. 11 Section 911 Collection of Assessment:Penalties for Section 601 General 11 Foreclosure 18 Section 602 Form of Notice of Hearing 11 Section 912 Repayment of Repair and Demolition Section 603 Subpoenas 11 Fund 18 • • Ls, , . •M vii 1997 ABATEMENT OF DANGEROUS BUILDINGS 101 1031 Chapter 1 TITLE AND SCOPE SECTION 101 TITLE purpose u ose of this code is not to create or otherwise establish or designate any particular class or group of persons who will or These regulations shall be known as the Uniform Code for the should be especially protected or benefited by the terms of this Abatement of Dangerous Buildings, may be cited as such,and will code. be referred to herein as"this code." 102.2 Scope. The provisions of this code shall apply to all dan- gerous buildings,as herein defined,which are now in existence or SECTION 102—PURPOSE AND SCOPE which may hereafter become dangerous in this jurisdiction. 102.1 Purpose. It is the purpose of this code to provide a just,eq- uitable and practicable method,to be cumulative with and in addi- SECTION 103—ALTERATIONS, ADDITIONS AND tion to any other remedy provided by the Building Code,Housing REPAIRS Code or otherwise available by law,whereby buildings or struc- tures which from any cause endanger the life,limb,health,morals, All buildings welfare of thegeneral public or their occupants the provisions of this code shall be subject to the provisions of property,safety or e Sec- may be required to be repaired,vacated or demolished. tion 3403 of the Building Code. q • 1 r 1997 ABATEMENT OF DANGEROUS BUILDINGS 201 205.2 Chapter 2 ENFORCEMENT law SECTION 201 GENERAL SECTION 203 VIOLATIONS 201.1 Administration. The building official is hereby autho- It shall be unlawful for any person, firm or corporation to erect, rized to enforce the provisions of this code. construct,enlarge,alter,repair, move, improve,remove,convert The building official shall have the power to render interpreta- or demolish,equip,use,occupy or maintain any building or struc- tions of this code and to adopt and enforce rules and supplemental ture or cause or permit the same to be done in violation of this regulations in order to clarify the application of its provisions. code. Such interpretations,rules and regulations shall be in conformity with the intent and purpose of this code. SECTION 204 INSPECTION OF WORK 201.2 Inspections. The health officer, the fire marshal and the building official are hereby authorized to make such inspections All buildings or structures within the scope of this code and all and take such actions as may be required to enforce the provisions construction or work for which a permit is required shall be sub- of this code. ject to inspection by the building official in accordance with and in the manner provided by this code and Sections 108 and 1701 of the 201.3 Right of Entry. When it is necessary to make an inspec- Building Code. tion to enforce the provisions of this code,or when the building official or the building official's authorized representative has rea- sonable cause to believe that there exists in a building or upon a SECTION 205 BOARD OF APPEALS premises a condition which is contrary to or in violation of this code which makes the building or premises unsafe,dangerous or 205.1 General. In order to hear and decide appeals of orders,de- hazardous,the building official may enter the building or premises cisions or determinations made by the building official relative to at reasonable times to inspect or to perform the duties imposed by the application and interpretations of this code,there shall be and this code,provided that if such building or premises be occupied is hereby created a board of appeals consisting of members who that credentials be presented to the occupant and entry requested. are qualified by experience and training to pass upon matters per- If such building or premises be unoccupied,the building official taining to building construction and who are not employees of the shall first make a reasonable effort to locate the owner or other per- jurisdiction. The building official shall be an ex officio member sons having charge or control of the building or premises and re- and shall act as secretary to said board but shall have no vote upon quest entry. If entry is refused, the building official shall have any matter before the board. The board of appeals shall be ap- recourse to the remedies provided by law to secure entry. pointed by the governing body and shall hold office at its pleasure. "Authorized representative"shall include the officers named in The board shall adopt rules of procedure for conducting its busi- ness and shall render all decisions and findings in writing to the Section 201.2 and their authorized inspection personnel. appellant,with a duplicate copy to the building official.Appeals to the board shall be processed in accordance with the provisions SECTION 202 ABATEMENT OF DANGEROUS contained in Section 501 of this code.Copies of all rules or regula- BUILDINGS tions adopted by the board shall be delivered to the building offi- cial,who shall make them freely accessible to the public. All buildings or portions thereof which are determined after in- . spection by the building official to be dangerous as defined in this 205.2 Limitations of Authority. The board of appeals shall code are hereby declared to be public nuisances and shall be have no authority relative to interpretation of the administrative abated by repair,rehabilitation,demolition or removal in accord- provisions of this code nor shall the board be empowered to waive ance with the procedure specified in Section 401 of this code. requirements of this code. 9' 3 1997 ABATEMENT OF DANGEROUS BUILDINGS 301302 Chapter 3 DEFINITIONS SECTION 301 —GENERAL 7. Whenever any portion thereof has wracked, warped, buckled or settled to such an extent that walls or other structural For the purpose of this code, certain terms, phrases, words and portions have materially less resistance to winds or earthquakes their derivatives shall be construed as specified in either this chap- than is required in the case of similar new construction. ter or as specified in the Building Code or the Housing Code. 8. Whenever the building or structure,or any portion thereof, Where terms are not defined, they shall have their ordinary ac- ' hare used. because of(i)dilapidation,deterioration or decay;(ii)faulty con- Webstercepted meanings within the context with which they � ofthe English Lan- struction;(iii)the removal,movement or instability of any portion s Third New International Dictionary g in - of the ground necessary for the purpose of supporting such build ing ordinary accepted meanings. Words usedsingular Unabridged, copyright 1986,shall be construed as proved the sin ular ing;(iv)the deterioration,decay or inadequacy of its foundation; o include the plural and the plural the singular. Words used in the or(v)any other cause,is likely to partially or completely collapse. masculine gender include the feminine and the feminine the mas- 9. Whenever,for any reason,the building or structure,or any culine. portion thereof,is manifestly unsafe for the purpose for which it is BUILDING CODE is the Uniform Building Code promul- being used. gated bythe International Conference of Building Officials, as 10. Whenever the exterior walls or other vertical structural adopted bythis jurisdiction. members list, lean or buckle to such an extent that a plumb line P passing through the center of gravity does not fall inside the DANGEROUS BUILDING is any building or structure middle one third of the base. deemed to be dangerous under the provisions of Section 302 of this code. 11. Whenever the building or structure,exclusive of the foun- HOUSING dation, shows 33 percent or more damage or deterioration of its HOUSING CODE is the Uniform Housing Code promulgatedsupporting member or members,or 50 percent damage or deterio- by the International Conference of Building Officials,as adopted ration of its nonsupporting members,enclosing or outside walls or by this Jurisdiction. coverings. 12. Whenever the building or structure has been so damaged by SECTION 302 DANGEROUS BUILDING fire,wind, earthquake or flood, or has become so dilapidated or deteriorated as to become(i)an attractive nuisance to children;(ii) For the purpose of this code,any building or structure which has a harbor for vagrants,criminals or immoral persons;or as to(iii) any or all of the conditions or defects hereinafter described shall enable persons to resort thereto for the purpose of committing un be deemed to be a dangerous building,provided that such condi- lawful or immoral acts. tions or defects exist to the extent that the life,health,property or safety of the publicoccupants or its are endangered. 13. Whenever any building or structure has been constructed, other exists or is maintained in violation of any specific requirement or 1. Whenever any door, aisle, passageway, stairway or prohibition applicable to such building or structure provided by means of exit is not of sufficient width or size or is not so arranged the building regulations of this jurisdiction, as specified in the as to provide safe and adequate means of exit in case of fire or pan- Building Code or Housing Code,or of any law or ordinance of this ic. state or jurisdiction relating to the condition,location or structure 2. Whenever the walking surface of any aisle, passageway, of buildings. stairway or other means of exit is so warped,worn,loose,torn or 14. Whenever any building or structure which,whether or not otherwise unsafe as to not provide safe and adequate means of exit erected in accordance with all applicable laws and ordinances,has in case of fire or panic. in any nonsupporting part,member or portion less than 50 percent, 3. Whenever the stress in any materials, member or portion or in any supporting part,member or portion less than 66 percent thereof, due to all dead and live loads,is more than one and one of the(i)strength,(ii)fire-resisting qualities or characteristics,or half times the working stress or stresses allowed in the Building (iii)weather-resisting qualities or characteristics required by law Code for new buildings of similar structure,purpose or location. in the case of a newly constructed building of like area,height and thereof has been damaged by fire, occupancy in the same location. 4. Whenever any portionama g earthquake,wind,flood or by any other cause,to such an extent 15. Whenever a building or structure, used or intended to be that the structural strength or stability thereof is materially less used for dwelling purposes,because of inadequate maintenance, than it was before such catastrophe and is less than the minimum dilapidation,decay,damage,faulty construction or arrangement, requirements of the Building Code for new buildings of similar inadequate light,air or sanitation facilities,or otherwise,is deter- structure,P P ur ose or location. mined by the health officer to be unsanitary,unfit for human habi- tation or in such a condition that is likely to cause sickness or 5. Whenever any portion or member or appurtenance thereofdisease. likely to fail, or to become detached or dislodged,or to collapse and thereby injure persons ersons or damage property. 16. Whenever any building or structure, because of obsoles- cence, dilapidated condition, deterioration, damage, inadequate 6. Whenever any portion of a building,or any member,appur- exits,lack of sufficient fire-resistive construction, faulty electric tenance or ornamentation on the exterior thereof is not of suffi- `,airing,gas connections or heating apparatus,or other cause,is de- cient strength or stability, or is not so anchored, attached or termined by the fire marshal to be a fire hazard. fastened in place so as to be capable of resisting a wind pressure of specified in the BuildingCode for new buildings of 17. Whenever any building or structure oone half of that .is in such a condition as similar structure, rP u ose or location without exceeding the work- to constitute a public nuisance known to the common law or in eq- ing P ing stresses permitted in the Building Code for such buildings. uity jurisprudence. 5 302 1997 ABATEMENT OF DANGEROUS BUILDINGS 18. Whenever any portion of a building or structure remains on a site after the demolition or destruction of the building or struc- ture or whenever any binding or structure is abandoned for a peri- od in excess of six months so as to constitute such building or portion thereof an attractive nuisance or hazard to the public. pu lic. • 6 1997 ABATEMENT OF DANGEROUS BUILDINGS 401403 Chapter 4 NOTICES AND ORDERS OF BUILDING OFFICIAL ., SECTION 401 GENERAL building official or disclosed from official public records: the holder of any mortgage or deed of trust or other lien or encum- 401.1 Commencement of Proceedings. When the building of- brance of record; the owner or holder of any lease of record;and ficial has inspected or caused to be inspected any building and has the holder of any other estate or legal interest of record in or to the found and determined that such building is a dangerous building, building or the land on which it is located.The failure of the build- the building official shall commence proceedings to cause the re- ing official to serve any person required herein to be served shall pair,vacation or demolition of the building. not invalidate any proceedings hereunder as to any other person 401.2 Notice and Order. The building official shall issue a no- duly served or relieve any such person from any duty or obligation owner of the building.tice and order directed to the record The no- imposed by the provisions of this section. tice and order shall contain: 401.4 Method of Service. Service of the notice and order shall for iden- be made upon all persons entitled thereto either personally or by 1. The street address and a legal description sufficient tification of the premises upon which the building is located. mailing a copy of such notice and order by certified mail,postage prepaid,return receipt requested,to each such person at their ad- 2. A statement that the building official has found the building dress as it appears on the last equalized assessment roll of the to be dangerous with a brief and concise description of the condi- county or as known to the building official. If no address of any tions found to render the building dangerous under the provisions such person so appears or is known to the building official,then a of Section 302 of this code. copy of the notice and order shall be so mailed,addressed to such 3. A statement of the action required to be taken as determined person,at the address of the building involved in the proceedings. by the building official. The failure of any such person to receive such notice shall not af- fect the validity of any proceedings taken under this section.Serv- 3.1 If the building official has determined that the building ice by certified mail in the manner herein provided shall be or structure must be repaired,the order shall require that effective on the date of mailing. all required permits be secured therefor and the work physically commenced within such time(not to exceed 401.5 Proof of Service. Proof of service of the notice and order 60 days from the date of the order) completed leted with- shall be certified to at the time of service by a written declaration in such time as the buildingofficial shall determine is under penalty of perjury executed by the persons effecting serv- reasonable under all of the circumstances. ice, declaring the time, date and manner in which service was made.The declaration,together with any receipt card returned in 3.2 If the building official has determined that the building acknowledgment of receipt by certified mail shall be affixed tc or structure must be vacated,the order shall require that the copy of the notice and order retained by the building official..., the building or structure shall be vacated within a time certain from the date of the order as determined by the SECTION 402 RECORDATION OF NOTICE AND building official to be reasonable. ORDER 3.3 If the building official has determined that the building If compliance is not had with the order within the time specified or structure must be demolished,the order shall require that the building be vacated within such time' as the therein, and no appeal has been properly and timely filed, the building official shall file in the office of the county recorder a building official shall determine is reasonable (not to property fy• g(i) cer- exceed 60 days from the date of the order);that all re- tificate describingtheand certifying that the building within 60 days from is a dangerous building and (ii)that the owner has been so noti- quired permits be secured therefor y the date of the order; and that the demolition be corn- fied.Whenever the corrections ordered shall thereafter have been pleted within such time as the building official shall de- completed or the building demolished so that it no longer exists as a dangerous building on the property described in the certificate, termine is reasonable. the building official shall file a new certificate with the county re- 4. Statements advising that if any required repair or demolition corder certifying that the building has been demolished or all re- work (without vacation also being required) is not commenced quired corrections have been made so that the building is no within the time specified, the building official (i)will order the longer dangerous,whichever is appropriate. building vacated and posted to prevent further occupancy until the work is completed,and(ii)may proceed to cause the work to SECTION 403 REPAIR, VACATION AND be done and charge the costs thereof against the property or its DEMOLITION owner. The following standards shall be followed by the building official 5. Statements advising (i) that any person having any record (and by the board of appeals if an appeal is taken)in ordering the title or legal interest in the building may appeal from the notice repair,vacation or demolition of any dangerous building or struc- and order or any action of the building official to the board of ap- ture: peals, provided the appeal is made in writing as provided in this 1 buildingdeclared a dangerous building under this code code and filed with the building official within 30 days from the Anywith one of the following: date of service of such notice and order;and(ii)that failure to ap- shall be made to comply peal will constitute a waiver of all right to an administrative hear- 1.1 The building shall be repaired in accordance with the ing and determination of the matter. current building code or other current code applicable to the type of substandard conditions requiring repair 401.3 Service of Notice and Order. The notice and order,and or A any amended or supplemental notice and order, shall be served Qdemolished at the option of the upon the record owner and posted on the property;and one copy 1.2 The building shall be p thereof shall be served on each of the following if known to the building owner;or 7 403 1997 AUAI tMLN I Ut-UANUttiUUJ CSUILUIIVUJ 404.2 1.3 If the building does not constitute an immediate danger 404.2 Compliance. Whenever such notice is posted,the build- to the life,limb,property or safety of the public it may ing official shall include a notification thereof in the notice and be vacated, secured and maintained against entry. order issued under Section 401.2, reciting the emergency and 2. If the building or structure is in such condition as to make it specifying th6 conditions which necessitate the posting. No per- nmediately dangerous to the life, limb,property or safety of the son shall remain in or enter any building which has been so posted, except that entry may be made to repair, demolish or re- public or its occupants, it shall be ordered to be vacated. move such building under permit.No person shall remove or de- face any such notice after it is posted until the required repairs, SECTION 404 NOTICE TO VACATE demolition or removal have been completed and a certificate of 404.1 Posting. Every notice to vacate shall,in addition to being occupancy issued pursuant to the provisions of the Building served as provided in Section 401.3,be posted at or upon each exit Code. of the building and shall be in substantially the following form: DO NOT ENTER UNSAFE TO OCCUPY It is a misdemeanor to occupy this building, or to remove or deface this notice. Building Official of %MP 4460 8 Imilmimbi 1997 ABATEMENT OF DANGEROUS BUILDINGS 501504 Chapter 5 APPEAL SECTION 501 GENERAL 501.2 Processing of Appeal. Upon receipt of any appeal filed pursuant to this section,the building official shall present it at the 501.1 Form of Appeal. Any person entitled to service under next regular or special meeting of the board of appeals. Section 401.3 may appeal from any notice and order or any action Scheduling and Noticing Appeal for Hearing. As soon of the building official under this code by filing at the office of the 501.3 S g written appeal,the board of ap- peals official a written appeal containing: as practicable after receiving the pp building PP peals shall fix a date,time and place for the hearing of the appeal ! 1. A heading in the words: "Before the board of appeals of by the board. Such date shall not be less than 10 days nor more the of than 60 days from the date the appeal was filed with the building 2. A caption reading: "Appeal: "A eal of ," giving the official. Written notice of the time and place of the hearing shall appellants participating in the appeal. be given at least 10 days prior to the date of the hearing to each names of all p p g appellant by the secretary of the board either by causing a copy of 3. A brief statement setting forth the legal interest of each of such notice to be delivered to the appellant personally or by mail- the appellants in the building or the land involved in the notice and ing a copy thereof,postage prepaid,addressed to the appellant at order. the address shown on the appeal. 4. A brief statement in ordinary and concise language of the specific order or action protested,together with any material facts SECTION 502 EFFECT OF FAILURE TO APPEAL claimed to support the contentions of the appellant. dinar and concise language of the re- Failure of any person to file an appeal in accordance with the pro- liefs. A brief statement in ordinary whyit is claimed the protested order or visions of Section 501 shall constitute a waiver of the right to an sought and the reasons action should be reversed,modified or otherwise set aside. administrative hearing and adjudication of the notice and order or any portion thereof. 6. The signatures of all parties named as appellants and their official mailing addresses. SECTION 503— SCOPE OF HEARING ON APPEAL 7. The verification(by declaration under penalty of perjury)of at least one appellant as to the truth of the matters stated in the ap- Only those matters or issues specifically raised by the appellant peal. shall be considered in the hearing of the appeal. The appeal shall be filed within 30 days from the date of the service of such order or action of the building official; provided, SECTION 504 STAYING OF ORDER UNDER however,that if the building or structure is in such condition as to APPEAL make it immediately dangerous to the life,limb,property or safety orders made pursuant to Section 404, en- of the public or adjacent property and is ordered vacated and is Except for vacationoffical issued posted in accordance with Section 404,such appeal shall be filed forcement of any notice and order of the building f is a eal within 10 days from the date of the service of the notice and order under this code shall be stayed during the pendency o pp y therefrom which is properly and timely filed. of the building official. 9 1997 ABATEMENT OF DANGEROUS BUILDINGS 601 604.7.2 Chapter 6 PROCEDURES FOR CONDUCT OF HEARING APPEALS SECTION 601 GENERAL things in possession or under control.A subpoena need not be is- sued when the affidavit is defective in any particular. 601.1 Hearing Examiners. The board may appoint one or more hearing examiners or designate one or more of its members to 603.2 Cases Referred to Examiner. In cases where a hearing is serve as hearing examiners to conduct the hearings.The examiner referred to an examiner,all subpoenas shall be obtained through hearing the case shall exercise all powers relating to the conduct the examiner. of hearings until it is submitted to the board for decision. 603.3 Penalties. Any person who refuses without lawful excuse 601.2 Record. A record of the entire proceedings shall be made to attend any hearing or to produce material evidence which the by tape recording or by any other means of permanent recording person possesses or controls as required by any subpoena served determined to be appropriate by the board. upon such person as provided for herein shall be guilty of a misde- meanor. 601.3 Reporting. The proceedings at the hearing shall also be reported by a phonographic reporter if requested by any party thereto.A transcript of the proceedings shall be made available to SECTION 604 CONDUCT OF HEARING all parties upon request and upon payment of the fee prescribed 604.1 Rules. Hearings need not be conducted according to the therefor.Such fees may be established by the board,but shall in no technical rules relating to evidence and witnesses. event be greater than the cost involved. 604.2 Oral Evidence. Oral evidence shall be taken only on oath 601.4 Continuances. The board may grant continuances for or affirmation. good cause shown; however,when a hearing examiner has been assigned to such hearing,no continuances may be granted except 604.3 Hearsay Evidence. Hearsay evidence may be used for by the examiner for good cause shown so long as the matter re- the purpose of supplementing or explaining any direct evidence, mains before the examiner. but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions in courts of 601.5 Oaths Certification. In any proceedings under this competent jurisdiction in this state. chapter, the board, any board member, or the hearing examiner has the power to administer oaths and affirmations and to certify 604.4 Admissibility of Evidence. Any relevant evidence shall to official acts. be admitted if it is the type of evidence on which responsible per- sons are accustomed to rely in the conduct of serious affairs,re- light!". 601.6 Reasonable Dispatch. The board and its representatives gardless of the existence of any common law or statutory rule shall proceed with reasonable dispatch to conclude any matter be- which might make improper the admission of such evidence over fore it.Due regard shall be shown for the convenience and neces- objection in civil actions in courts of competent jurisdiction in sity of any parties or their representatives. this state. 604.5 Exclusion of Evidence. Irrelevant and unduly repetitious SECTION 602 FORM OF NOTICE OF HEARING evidence shall be excluded. The notice to appellant shall be substantially in the following 604.6 Rights of Parties. Each party shall have these rights, form,but may include other information: among others: "You are hereby notified that a hearing will be held before(the 1. To call and examine witnesses on any matter relevant to the board of appeals or name of hearing examiner) issues of the hearing; at on the day of 2. To introduce documentary and physical evidence; 19 , at the hour , upon the notice and order served upon you.You may be present at the hearing.You may be, 3. To cross-examine opposing witnesses on any matter rele- but need not be, represented by counsel. You may present any want to the issues of the hearing; relevant evidence and will be given full opportunity to cross-ex- 4. To impeach any witness regardless of which party first amine all witnesses testifying against you. You may request the called the witness to testify; issuance of subpoenas to compel the attendance of witnesses and 5. To rebut the evidence; and the production of books, documents or other things by filing an affidavit therefor with(board of appeals or name of hearing ex- 6. To be represented by anyone who is lawfully permitted to do aminer)." so. 604.7 Official Notice. SECTION 603 SUBPOENAS 604.7.1 What may be noticed. In reaching a decision,official 603.1 Filing of Affidavit. The board or examiner may obtain notice may be taken,either before or after submission of the case for decision, of any fact which may be judicially noticed by the the issuance and service of a subpoena for the attendance of wit- courts of this state or of official records of the board or depart- nesses or the production of other evidence at a hearing upon the ments and ordinances of the city or rules and regulations of the request of a member of the board or upon the written demand of board. any party.The issuance and service of such subpoena shall be ob- tained upon the filing of an affidavit therefor which states the 604.7.2 Parties to be notified. Partids�present at the hearing name and address of the proposed witness; specifies the exact shall be informed of the matters to be noticed, and these matters things sought to be produced and the materiality thereof in detail shall be noted in the record,referred to therein,or appended there- to the issues involved; and states that the witness has the desired to. 11 �VUI Ht3HI tMtN I Ur UANUEHOUS BUILDINGS 605.8 604.7.3 Opportunity to refute. Parties present at the hearing 605.3 Consideration of Report by Board Notice. The board shall be given a reasonable opportunity,on request,to refute the shall fix the time,date and place to consider the examiner's report officially noticed matters by evidence or by written or oral presen- and proposed decision.Notice thereof shall be mailed to each in- tation of authority,the manner of such refutation to be determined terested party not less than five days prior to the date fixed,unless by the board or hearing examiner. it is otherwise stipulated by all of the parties. 604.7.4 Inspection of the premises. The board or the hearing 605.4 Exceptions to Report. Not later than two days before the examiner may inspect any building or premises involved in the date set to consider the report,any party may file written excep- appeal during the course of the hearing,provided that(i)notice of tions to any part or all of the examiner's report and may attach such inspection shall be given to the parties before the inspection thereto a proposed decision together with written argument in is made,(ii)the parties are given an opportunity to be present dur- support of such decision. By leave of the board, any party may ing the inspection,and(iii)the board or the hearing examiner shall present oral argument to the board. state for the record upon completion of the inspection the material facts observed and the conclusions drawn therefrom.Each party 605.5 Disposition by the Board. The board may adopt or reject then shall have a right to rebut or explain the matters so stated by the proposed decision in its entirety,or may modify the proposed the board or hearing examiner. decision. 605.6 Proposed Decision Not Adopted. If the proposed deci- SECTION 605— METHOD AND FORM OF DECISION sion is not adopted as provided in Section 605.5,the board may decide the case upon the entire record before it,with or without 605.1 Hearing before Board Itself. When a contested case is taking additional evidence, or may refer the case to the same or heard before the board itself,a member thereof who did not hear another hearing examiner to take additional evidence.If the case the evidence or has not read the entire record of the proceedings is reassigned to a hearing examiner,the examiner shall prepare a shall not vote on or take part in the decision. report and proposed decision as provided in Section 605.2 hereof 605.2 Hearing before Examiner. If a contested case is heard by after any additional evidence is submitted. Consideration of such a hearing examiner alone,the examiner shall within a reasonable proposed decision by the board shall comply with the provisions time (not to exceed 90 days from the date the hearing is closed) of this section. submit a written report to the board. Such report shall contain a 605.7 Form of Decision. The decision shall be in writing and brief summary of the evidence considered and state the examin- shall contain findings of fact, a determination of the issues pre- er's findings,conclusions and recommendations.The report also sented, and the requirements to be complied with.A copy of the shall contain a proposed decision in such form that it may be ad- decision shall be delivered to the appellant personally or sent by opted by the board as its decision in the case.All examiner's re- certified mail, postage prepaid,return receipt requested. ports filed with the board shall be matters of public record.A copy of each such report and proposed decision shall be mailed to each 605.8 Effective Date of Decision. The effective date of the de- party on the date they are filed with the board. cision shall be as stated therein. 12 1997 ABATEMENT OF DANGEROUS BUILDINGS 701 703 Chapter 7 ENFORCEMENT OF THE ORDER OF THE BUILDING OFFICIAL OR THE BOARD OF APPEALS SECTION 701 COMPLIANCE der required demolition, to cause the building to be sold and demolished or demolished and the materials, rubble and debris 701.1 General. After any order of the building official or the therefrom removed and the lot cleaned.Any such repair or demo- board of appeals made pursuant to this code shall have become lition work shall be accomplished and the cost thereof paid and final,no person to whom any such order is directed shall fail,ne- recovered in the manner hereinafter provided in this code. Any glect or refuse to obey any such order.Any such person who fails surplus realized from the sale of any such building, or from the to comply with any such order is guilty of a misdemeanor. demolition thereof,over and above the cost of demolition and of 701.2 Failure to Obey Order. If,after any order of the building cleaning the lot,shall be paid over to the person or persons lawful- official or board of appeals made pursuant to this code has be- ly entitled thereto. come final,the person to whom such order is directed shall fail, neglect or refuse to obey such order,the building official may(i) SECTION 702 EXTENSION OF TIME TO PERFORM cause such person to be prosecuted under Section 701.1 or(ii)in- WORK stitute any appropriate action to abate such building as a public nuisance. Upon receipt of an application from the person required to con- form to the order and by agreement of such person to comply with 701.3 Failure to Commence Work. Whenever the required re- the order if allowed additional time, the building official may pair or demolition is not commenced within 30 days after any fi- grant an extension of time,not to exceed an additional 120 days, nal notice and order issued under this code becomes effective: within which to complete said repair,rehabilitation or demolition, 1. The building official shall cause the building described in if the building official determines that such an extension of time such notice and order to be vacated by posting at each entrance will not create or perpetuate a situation imminently dangerous to thereto a notice reading: life or property.The building official's authority to extend time is limited to the physical repair, rehabilitation or demolition of the premises and will not in any way affect the time to appeal the no- DANGEROUS BUILDING tice and order. DO NOT OCCUPY It is a misdemeanor to occupy this building,or to remove SECTION 703 INTERFERENCE WITH REPAIR OR Nbor or deface this notice. DEMOLITION WORK PROHIBITED Building Official of No person shall obstruct,impede or interfere with any officer,em- ployee,contractor or authorized representative of this jurisdiction 2. No person shall occupy any building which has been posted or with any person who owns or holds any estate or interest in any building which has been ordered repaired,vacated or demolished as specified in this section.No person shall remove or deface any under the provisions of this code; or with any person to whom such notice so posted until the repairs,demolition or removal or- such building has been lawfully sold pursant to the provisions of dered by the building official have been completed and a certifi- this code,whenever such officer,employee,contractor or autho- cate of occupancy issued pursuant to the provisions of the rized representative of this jurisdiction,person having an interest Building Code. or estate in such building or structure,or purchaser is engaged in 3. The building official may, in addition to any other remedy the work of repairing,vacating and repairing,or demolishing any herein provided, cause the building to be repaired to the extent such building, pursant to the provisions of this code, or in per- necessary to correct the conditions which render the building dan- forming any necessary act preliminary to or incidental to such gerous as set forth in the notice and order;or,if the notice and or- work or authorized or directed pursant to this code. NNW 13 1997 ABATEMENT OF DANGEROUS BUILDINGS 801 802.2 Chapter 8 PERFORMANCE OF WORK OF REPAIR OR DEMOLITION SECTION 801 _,GENERAL SECTION 802 — REPAIR AND DEMOLITION FUND 802.1 General. The legislative body of this jurisdiction shall es- 801.1 Procedure. When any work of repair or demolition is to tablish a special revolving fund to be designated as the repair and be done pursuant to Section 701.3,Item 3,of this code,the build- demolition fund. Payments shall be made out of said fund upon ing official shall issue an order therefor to the director of public the demand of the director of public works to defray the costs and works and the work shall be accomplished by personnel of this ju- expenses which may be incurred by this jurisdiction in doing or risdiction or by private contract under the direction of said direc- causing to be done the necessary work of repair or demolition of tor. Plans and specifications therefor may be prepared by said dangerous buildings. director,or the director may employ such architectural and engi- neering The legislative bodymay at any assistance on a contract basis as deemed reasonably nec- 802.2 Maintenance of Fund. g ve part If any of the work is to be accomplished by private time transfer to the repair and demolition fund,out of any money contract, standardP ublic works contractual procedures shall be in the general fund of this jurisdiction,such sums as it may deem followed. necessary in order to expedite the performance of the work of re- pair or demolition,and any sum so transferred shall be deemed a paid Costs. The cost of such work shall be from the repair loan to the repair and demolition fund and shall be repaid out of p and demolition fund, and may be made a special assessment the proceeds of the collections hereinafter provided for.All funds against the property involved,or may madea personal be obliga- collected under the proceedings hereinafter provided for shall be tion of the property owner,whichever the legislative body of this paid to the treasurer of this jurisdiction who shall credit the same g jurisdiction shall determine is appropriate. to the repair and demolition fund. I •;f a1 . w 15 1997 ABATEMENT OF DANGEROUS BUILDINGS 901 909 Chapter 9 RECOVERY OF COST OF REPAIR OR DEMOLITION SECTION 901 ACCOUNT OF EXPENSE, FILING OF SECTION 905 PERSONAL OBLIGATION OR REPORT SPECIAL ASSESSMENT The director of public works shall keep an itemized account of the 905.1 General. The legislative body of this jurisdiction may expense incurred by this jurisdiction in the repair or demolition of thereupon order that said charge shall be made a personal obliga- any building done pursuant to the provisions of Section 701.3, tion of the property owner or assess said charge against the prop- Item 3,of this code.Upon the completion of the work of repair or erty involved. demolition, said director shall prepare and file with the clerk of 905.2 Personal Obligation. If the legislative body of this juris- this jurisdiction a report specifying the work done, the itemized diction orders that the charge shall be a personal obligation of the and total cost of the work,a description of the real property upon property owner,it shall direct the attorney for this jurisdiction to which the building or structure is or was located, and the names collect the same on behalf of this jurisdiction by use of all appro- and addresses of the persons entitled to notice pursuant to Section priate legal remedies. 401.3. 905.3 Special Assessment. If the legislative body of this juris- diction orders that the charge shall be assessed against the proper- ty,it shall confirm the assessment,cause the same to be recorded SECTION 902 NOTICE OF HEARING on the assessment roll, and thereafter said assessment shall con- stitute a special assessment against and a lien upon the property. Upon receipt of said report,the clerk of this jurisdiction shall pre- sent it to the legislative body of this jurisdiction for consideration. SECTION 906 CONTEST The legislative body of this jurisdiction shall fix a time,date and place for hearing said report and any protests or objections there- The validity of any assessment made under the provisions of this to.The clerk of this jurisdiction shall cause notice of said hearing chapter shall not be contested in any action or proceeding unless to be posted upon the property involved, published once in a the same is commenced within 30 days after the assessment is newspaper of general circulation in this jurisdiction, and served placed upon the assessment roll as provided herein.Any appeal by certified mail,postage prepaid, addressed to the owner of the from a final judgment in such action or proceeding must be per- property as the owner's name and address appears on the last fected within 30 days after the entry of such judgment. equalized assessment roll of the county,if such so appears,or as known to the clerk. Such notice shall be given at least 10 days SECTION 907 AUTHORITY FOR INSTALLMENT prior to the date set for the hearing and shall specify the day,hour PAYMENT OF ASSESSMENTS WITH INTEREST and place when the legislative body will hear and pass upon the director's report, together with any objections or protests which The legislative body of this jurisdiction,in its discretion,may de- may be filed as hereinafter provided by any person interested in or termine that assessments in amounts of$500.00 or more shall be affected by the proposed charge. payable in not to exceed five equal annual installments.The legis- lative body's determination to allow payment of such assess- ments in installments, the number of installments,whether they SECTION 903 PROTESTS AND OBJECTIONS shall bear interest, and the rate thereof shall be by a resolution adopted prior to the confirmation of the assessment. Any person interested in or affected by the proposed charge may file written protests or objections with the clerk of this jurisdiction SECTION 908 LIEN OF ASSESSMENT at any time prior to the time set for the hearing on the report of the director.Each such protest or objection must contain a description 908.1 Priority. Immediately upon its being placed on the of the property in which the signer thereof is interested and the assessment roll,the assessment shall be deemed to be complete, grounds of such protest or objection.The clerk of this jurisdiction the several amounts assessed shall be payable, and the assess- shall endorse on every such protest or objection the date of re- ments shall be liens against the lots or parcels of land assessed, ceipt. The clerk shall present such protests or objections to the respectively.The lien shall be subordinate to all existing special legislative body of this jurisdiction at the time set for the hearing, assessment liens previously imposed upon the same property and and no other protests or objections shall be considered. shall be paramount to all other liens except for state,county and property taxes with which it shall be upon a parity.The lien shall continue until the assessment and all interest due and payable SECTION 904—HEARING OF PROTESTS thereon are paid. 908.2 Interest. All such assessments remaining unpaid after 30 Upon the day and hour fixed for the hearing,the legislative body days from the date of recording on the assessment roll shall be- of this jurisdiction shall hear and pass upon the report of the direc- come delinquent and shall bear interest at the rate of 7 percent per tor together with any such objections or protests.The legislative annum from and after said date. body may make such revision,correction or modification in the report or the charge as it may deem just; and when the legislative SECTION 909 REPORT TO ASSESSOR AND TAX body is satisfied with the correctness of the charge,the report(as COLLECTOR: ADDITION OF ASSESSMENT TO TAX submitted or as revised,corrected or modified)together with the charge,shall be confirmed or rejected.The decision of the legisla- tive e isla- BILL rejected. g tive body of this jurisdiction on the report and the charge,and on After confirmation of the report, certified copies of the assess- all protests or objections, shall be final and conclusive. ment shall be given to the assessor and the tax collector for this 17 909 1997 ABATEMENT OF DANGEROUS BUILDINGS 912 jurisdiction, who shall add the amount of the assessment to the and shall be subject to the same penalties and procedure and sale tax bill levied against the parcel for municipal pur- in case of delinquency as provided for ordinary property taxes. next regular gof gAll laws applicable to the levy, collection and enforcement poses. property taxes shall be applicable to such assessment. FILING SECTION 910— COPY OF REPORT WITH If the legislative body of this jurisdiction has determined that COUNTY AUDITOR the assessment shall be paid in installments,each installment and any interest thereon shall be collected in the same manner as ordi- If the county assessor and the county tax collector assess property nary property taxes in successive years.If any installment is de- and collect taxes for this jurisdiction, a certified copy of the linquent,the amount thereof is subject to the same penalties and assessment shall be filed with the county auditor on or before Au- procedure for sale as provided for ordinary property taxes. gust 10th.The descriptions of the parcels reported shall be those used for the same parcels on the county assessor's map books for the current year. SECTION 912—REPAYMENT OF REPAIR AND DEMOLITION FUND SECTION 911 —COLLECTION OF ASSESSMENT: All money recovered by payment of the charge or assessment or PENALTIES FOR FORECLOSURE from the sale of the property at foreclosure sale shall be paid to the The amount of the assessment shall be collected at the same time treasurer of this jurisdiction,who shall credit the same to the re- and in the same manner as ordinary property taxes are collected pair and demolition fund. 18 TOWN OF ORO VALLEY 6 eOUNCIL COMMUNICATION MEETING DATE: February 21, 2007 Slow, TO: HONORABLE MAYOR& COUNCIL FROM: Sarah S. More, FAICP, Planning& Zoning Director SUBJECT: Honey Bee Archeological Preserve—Increased costs of the Honey Bee Village Project from $1 million to $1.68 million; requesting Pima County to increase Pima County Bond Funds from $1 million to $1.34 million and Oro Valley General Fund Contingency Funds of $340,000 to meet the total increased costs; consideration and direction to staff in respect to negotiations of the draft Intergovernmental Agreement Between Pima County and the Town of Oro Valley for the Implementation, Administration and Management of the Honey Bee Village Archeological Preserve. SUMMARY: The purpose of this communication is to request direction from the Town Council regarding (1) funding for Honey Bee Village archeological mitigation, and (2) Intergovernmental Agreement negotiations with Pima County concerning ownership of and responsibility for the future Preserve. BACKGROUND: coney Bee Village is located east of North Rancho Vistoso Blvd and south of the Moore Road alignment within Neighborhood 6, Rancho Vistoso PAD. It was first settled around A.D. 450-600 by the Hohokam culture and is a strong linkage to Oro Valley's past. This Hohokam site was a large prehistoric village located along the Honey Bee Wash in the Canada del Oro Valley. It is one of many small settlements in the region that was established near the start of the Hohokam Cultural sequence (around A.D. 450-600) that were continuously occupied up to the thirteenth century. The Honey Bee Village is the only remaining intact large Hohokam village site in Oro Valley. The Honey Bee Archeological Preserve Implementation Plan is presented to the Town Council separately on this same agenda. In May, 2004, Pima County voters passed a bond providing $1 million for the preservation of the core area of the Village site. That funding would have been insufficient to purchase the 13-acre core of the Village (estimated value $8,000,000). The Town, Pima County, and Steve Solomon, president of Canada Vistas, entered into a contract that committed the bond money to archeological mitigation (fieldwork, data analysis and reporting) of the surrounding Canada Vistas development site, in exchange for the donation of the 13-acre core to Pima County for preservation. An Intergovernmental Agreement ("IGA") between the County and the Town concerning the bond funding contemplated that the Preserve area would initially be acquired by Pima County, with ownership later transferred to the Town under a "project specific" IGA that would address site conservation and development for passive recreation. SUMMARY OF ISSUE: 'he Town Council has approved the Canada Vistas plat and development plan. Fieldwork on the site, by Desert Archeology, has been completed. Due to unexpected significant amount of archeological material on the site, the amount of fieldwork and related data analysis has increased beyond initial projections. The $1 million bond funding is insufficient to cover the full cost of the mitigation plan as approved by the State Historic Preservation Office (SHPO). Current projections are that an additional $680,000 in funding is necessary to cover the TOWN OF ORO VALLEY OUNCIL COMMUNICATION Page 2 remaining data analysis and reporting work that is to take place over the next two years. The developer is not required to incur any of the costs of the archeological mitigation in exchange for the land donation. The three party donation contract among the developer, Pima County and the Town does not spell out how any shortfall in funding should be addressed, but responsibility for managing the mitigation work is clearly the County's. In ongoing discussions with the Pima County Administrator, he has agreed that Pima County bond funding for Honey Bee Village archeological mitigation be increased by $340,000 from the Marana Mound bond funds. He proposes that the Town Council fund the other $340,000 from the Town's General Fund. Currently, Pima County has presented a draft intergovernmental agreement (IGA) between Pima County and Oro Valley for the eventual transfer of the Honey Bee Preserve site to the Town, subject to the following conditions (staff notes following each point in italics): a. completion of all archeological reports and curation of all artifacts with the Arizona State Museum ("ASM") relating to data recovery conducted in the Peripheral Area, which cannot be completed without additional funding; (this is estimated to take another 2 years, and is the work for which the Pima County Administrator has requested that the Town provide $340,000 in funding); b. demonstration to the County's satisfaction of Town's staff expertise, an Arizona State Museum- permitted professional to manage the Preserve as a cultural resource; (while the County does have such expertise on staff, the Town does not currently have this capacity); c. demonstration to the County's satisfaction of sufficient budget appropriation from Town to fund adequate management of the Preserve; (the Town does not currently have such a budget appropriation); d. modification of the Town's land use code (zoning code) to require SHPO (State Historic Preservation Office) consultation and compliance for Town and private development; (this would be a significant change to the Town code which already goes beyond state law requirements;) e. conveyance of the Preserve to the Town by Special Warranty Deed subject to the express reservation, by the County, of a conservation easement with generally the same terms as the conservation easement that the County has granted to the Town, and will contain a reversionary clause in favor of the County. (the Town would have ownership, but the County would continue to hold control) The Pima County bond election was supported by the voters of the entire county to protect a valuable archeological resource to the benefit of the entire region. While the Preserve will be located within the Town, it certainly will be of interest to more than the Town residents. Pima County has an excellent cultural resources staff that have been working very cooperatively with Town residents and staff to develop the Honey Bee Village Archeological Preserve Implementation Plan. They may be much better prepared to implement the plan to create the Preserve and subsequently manage it appropriately. Staff considers it important to bring this issue to a resolution in a timely manner. There are two issues for Council consideration. (1) Does the Town Council wish to contribute to the completion of the archeological mitigation plan data analysis, in the amount of $340,000?. (2) Is it in the best interest of the Town to immediately own and manage the future Preserve, or agree with Pima County that the Town does not currently have the resources to accomplish that goal? ADDITIONAL INFORMATION: The only other funding identified to date for the Honey Bee Archeological Preserve is a $206,500 grant from the Tohono O'odham Nation to the Town to build a wall and gates around the Preserve. This funding must be TOWN OF ORO VALLEY kisorOUNCIL COMMUNICATION Page 3 spent by October 21, 2007. Therefore, Town staff is currently moving forward to draft a request for proposals to build the wall. The wall will actually be built on an easement over Canada Vistas' development area, so the work need not be delayed pending the IGA with the County. The IGA currently proposed by Pima County, not only sets out the stringent conditions for transfer to the Town. It also proposes a Deed of Conservation easement, from the County to the Town which gives the Town control over the development and conservation of the Archeological Preserve such that the Town is assured of its preservation while Pima County holds title and is responsible for it. It is the recommendation of staff that this proposed Deed of Conservation Easement to the Town be part of the final arrangements between the Town and Pima County concerning the Preserve. FISCAL IMPACT: The proposed expenditure of$340,000 of General Fund is not currently in the budget, and would be taken out of contingency funding. The actual expenditure of the funds may not occur in this fiscal year, as the largest cost related to data analysis and reporting is projected to be incurred next year. SUGGESTED MOTION I move to approve (1) a request to Pima County to transfer from Pima County Marana Mounds project to the Honeybee Village ilipp'srroject in the amount of$340,000. The amount of funds to be contributed from the General Fund contingency ; and, (2) with respect to the draft IGA between the County and the Town regarding ownership of the 13-acre core property, I move the Town . . .. Attachments: 1. Draft Intergovernmental Agreement Between Pima County and the Town of Oro Valley for the Implementation, Administration and Management of the Honey Bee Village Archeological Preserve. 2. Draft Deed of Conservation Easement (Pima County as Grantor; Town of Oro Valley as Grantee) arah S. ore, P annin: .nd oning P irector -411112111611166 . Melinda Garrah. 'own Attorney er- e Watson, Assistant Town Manager AgALAA David Andrews, Town Manager 411hor C:\SSM\Honey Bee Planning\Honey Bee funding TC 022107 Intergovernmental Agreement Between Pima County and the Town of Oro Valley for the Implementation, Administration and Management of the Honey Bee Village Archeological Preserve This Agreement is entered into by and between Pima County,a body politic and corporate of the State of Arizona("County") and the Town of Oro Valley, a municipal corporation of the State of Arizona("Town") (collectively, the "Parties")pursuant to Arizona Revised Statutes ("ARS") Section 11-952. RECITALS: A. County and Town are empowered to enter into this Agreement pursuant to ARS Sections 11-951 through and including 11-954. B. County is the owner in fee simple of that certain real property lying within the boundaries of Town, and more specifically within Rancho Vistoso Neighborhood 6, and known as the Honey Bee Village Preserve, which is more particularly described in Exhibit"A"and depicted in Exhibit"A-1", attached hereto and made a part hereof(the"Preserve"). C. The Preserve is of cultural, historical and archeological significance in that - archeological research has revealed cultural features including pit-houses,trash mounds, a ball court, central plaza, and other domestic features and artifacts related to prior Hohokam occupation of the site. D. County and Town recognize the historical and cultural value and significance of the Preserve and have the common purpose of conserving and preserving the aforesaid value and significance of the Preserve. E. It is the Parties' intent to manage the Preserve consistent with the general terms and conditions established herein, with all applicable state and federal laws and regulations,and provisions of local Codes and Ordinances, and with the May 31, 2005, Preserve Conceptual Plan [defined below], the 2007 Implementation Plan and any amendments thereto, if any. F. Pursuant to that certain Agreement dated February 14, 2006, and approved by the County Board of Supervisors on February 14, 2006, the Preserve has been donated to County by Canada Vistas Town Center, LLC, an Arizona Limited Liability Corporation("Canada Vistas"). In consideration for said donation, County agreed to and has in fact performed all archeological data recovery fieldwork on the surrounding property owned by Canada Vistas(the "Peripheral Honey Bee Village Preserve IGA RLN 13007.doc 2 of 11 %NIP Area"),using the one million dollars ($1,000,000) in bond proceeds that were allocated for acquiring the Preserve. All available bond funds have been spent and were not sufficient to complete all aspects of the data recovery analysis and reporting. G. Pursuant to the terms of the above Agreement, and simultaneously with the Parties' execution of this IGA, County has granted to Town a Conservation Easement in gross in perpetuity over and upon the Preserve, in the form attached hereto as Exhibit B, in order to assure and enforce the conservation of the Preserve. H. The Parties desire to conserve the Preserve for posterity and for the benefit of the community while permitting some level of development thereon for passive education and recreational activities by the public. Accordingly, the Town contracted with consultants to prepare a draft preservation and management plan for the Preserve which resulted in (i) the Honey Bee Village Archeological Preserve Conceptual Plan(the"Preserve Conceptual Plan"),which was approved by the Town Council in July,2005, and supported by the Tohono O'odham Nation(the"Nation")which passed Resolution No. 05-497 in September,2005, and (ii)the 2007 Honeybee Village Archeological Preserve Implementation Plan (the"Implementation Plan"). Town and County desire to consult with interested Parties, including but not limited to the Arizona State Historic Preservation Office("SHPO") and the Nation, and mutually cooperate to develop a consensus plan for the preservation, administration and management of the Preserve as a long-term public asset for the benefit of the residents of and visitors to Town and County. Agreement NOW,THEREFORE, County and Town,pursuant to the Recitals set forth above, the accuracy of which the Parties hereby confirm, and in consideration of the matters and things hereinafter set forth,do mutually agree as follows: 1. Purpose. The purpose of this Agreement is to set forth the responsibilities of the Parties for the long-term,preservation, administration and management of the Preserve. 2. Implementation of Preservation Plan. The County and Town will work together, and with the Nation, in good faith to complete the archaeological data recovery for the Peripheral Area, and to implement the Preserve Conceptual Plan and the Implementation Plan with respect to the Preserve(the "Preservation Project"), as funds become available and are appropriated by their governing bodies from time to time for such purposes. Modification of the Preserve Conceptual Plan and of the Implementation Plan shall require the approval of both parties. Honey Bee Village Preserve(GA RLN 13007.doc 3 of 11 3. Conveyance of Preserve from County. The County intends to convey the Preserve to the Town, upon the occurrence of the following conditions: a. completion of all archeological reports and curation of all artifacts with the Arizona State Museum ("ASM")relating to the data recovery conducted in the Peripheral Area,which cannot be completed without additional funding; b. demonstration to County satisfaction of Town's staff expertise, an Arizona State Museum-permitted professional to manage the Preserve as a cultural resource; c. demonstration to County satisfaction of sufficient budget appropriation from Town to fund adequate management of the Preserve; d. modification of the Town's land use code to require SHPO consultation and compliance for Town and private development; e. any conveyance of the Preserve to the Town will be by Special Warrany Deed subject to the express reservation,by the County, of a conservation easement with generally the same terms as the conservation easement that the County has granted to the Town, and will contain a reversionary clause in favor of County. 4. Maintenance. Regardless of the progress of the Preservation Project,the party owning the Preserve shall take reasonable precautions to keep the Preserve and the features therein from deteriorating or being adversely impacted. 5. Responsibility for Design and Construction. a. Design Standards and Features; Cooperation. County, Town and Nation shall meet to coordinate design standards (meaning the applicable codes and industry standards that apply to the Project)and design features (meaning the elements to be included in the Project)prior to the preparation of final plans and specifications for any particular component of the Preservation Project. The Parties shall work cooperatively to agree upon the Project design. County design and field personnel shall work with their counterparts in Town and Nation for coordination purposes. Coordination shall include meetings and information exchanges between corresponding personnel at all levels for the Project. Prior to the implementation of any portion of the design, the Parties shall consult with SHPO. b. Funding. If the non-owning party is contributing funds to a particular component,the Parties will execute a supplemental agreement regarding the distribution of funds and implementation of that particular aspect of the Preservation Project. If County funds are being used, the implementing party shall conduct any contracting in compliance with Title 34 of the Arizona Revised Statutes. Honey Bee Village Preserve IGA RLN 13 007.doe 4 of 1 • 6. Preservation. The Parties will carry out the Preservation Project in cooperation with one another and with the Nation to ensure that the Preservation meets Town, County,Nation and SHPO if applicable, standards and fully addresses the Preservation Plan, as approved by the Town,County,Nation and SHPO. 7. Public Participation. County,Town and Nation shall cooperatively manage the public participation processes for the Preservation Project as it moves forward. The County shall coordinate all publicity or public participation activities with Town and Nation. 8. Acknowledgement of Contributions. The party owning the Preserve from time to time shall acknowledge the other party's contribution to the Preservation Project at any public participation event. Examples of acceptable forms of recognition include, but are not limited to, signs,permanent plaques,opening ceremonies and press releases. 9. Project Manager and Representatives. County shall furnish a Project Manager for the Project and Town and Nation shall each designate a representative(the"Town Liaison"and the"Nation Liaison")to be a liaison with the Project Manager during the term of the Project. 10. Disputes. In the event the Project Manager and Town Liaison disagree on any aspect of the Project, the issue in dispute shall be submitted to SHPO for resolution. 11. Inspection. Each party may inspect any portion of the Preservation Project for substantial compliance with drawings and specifications.The party at that time owning the Preserve shall allow official representatives of the other party reasonable access to the Project site during construction. 12. Term and Termination. a. Term. The term of this Agreement shall begin on the date this Agreement is recorded with the Pima County Recorder, and shall end on the date that is twenty-five(25) years after this Agreement is fully executed by the Parties. The term of this Agreement may be extended by action of the Parties. b. Termination. This Agreement may be earlier terminated under the following circumstances: i. For Cause. A party may terminate this Agreement for material breach of the Agreement by the other party. Prior to any termination under this paragraph, the party allegedly in default shall be given written notice by the other party of the nature of the alleged default. The party said to be in default shall have forty-five (45) days to cure the default. If the default is not cured within that time, the other party may terminate this Agreement. Any such termination shall not relieve either party from liabilities or costs already incurred under this Agreement. Honey Bee Village Preserve IGA RLN 13007 .doc 5 of 11 ii. Conflict of Interest. This Agreement can be terminated for a conflict of interest as set forth in ARS § 38-511,the relevant portions of which are hereby incorporated by reference. c. Legal Authority. Neither party warrants to the other its legal authority to enter into this Agreement. If a court, at the request of a third person, should declare that either party lacks authority to enter into this Agreement,or any part of it, then the Agreement, or parts of it affected by such order, shall be null and void, and no recovery may be had by either party against the other for lack of performance or otherwise. d. Ownership of Project upon Termination. Any termination of this Agreement shall not relieve any party from liabilities or costs already incurred under this Agreement,nor affect any ownership of the Project constructed pursuant to this Agreement. 13. Indemnification. Each party(as Indemnitor)agrees to indemnify, defend and hold harmless the other party(as Indemnitee) from and against any and all claims, losses, liability, costs or expenses(including reasonable attorney's fees) (hereinafter collectively referred to as "claims")arising out of bodily injury of any person(including death)or property damage,but only to the extent that such claims which result in vicarious/derivative liability to the Indemnitee, are caused by the act,omission, negligence,misconduct,or other fault of the Indemnitor, its officers, officials, agents, employees,or volunteers. 14. Insurance. When requested, a party shall provide the other party with proof of its worker's compensation, automobile, accident,property damage, and liability coverage or program of self-insurance. 15. Construction of Agreement. e. Entire Agreement. This instrument constitutes the entire agreement between the Parties pertaining to the subject matter hereof, and all prior or contemporaneous agreements and understandings,oral or written, are hereby superseded and merged herein. f. Amendment. This agreement shall not be modified, amended, altered or changed except by written agreement signed by the Parties. g. Construction and interpretation. All provisions of this Agreement shall be construed to be consistent with the intention of the Parties as expressed in the recitals hereof h. Captions and headings. The headings used in this Agreement are for convenience only and are not intended to affect the meaning of any provision of this Agreement. Honey Bee Village Preserve IGA RLN 13007.doc 6 of 11 i. Severability. In the event that any provision of this Agreement or the application thereof is declared invalid or void by statute or judicial decision, such action shall have no effect on other provisions and their application which can be given effect without the invalid or void provision or application, and to this extent the provisions of the Agreement are severable. In the event that any provision of this Agreement is declared invalid or void,the Parties agree to meet promptly upon request of the other Party in an attempt to reach an agreement on a substitute provision. 16. Legal Jurisdiction.Nothing in this Agreement shall be construed as either limiting or extending the legal jurisdiction of County or Town. 17. No Joint Venture. It is not intended by this Agreement to, and nothing contained in this Intergovernmental Agreement shall be construed to,create any partnership,joint venture or employment relationship between the Parties or create any employer-employee relationship between County and any Town employees, or between Town and any County employees.No party shall be liable for any debts, accounts, obligations or other liabilities whatsoever of the other, including(without limitation) the other party's obligation to withhold Social Security and income taxes for itself or any of its employees. 18. No Third Party Beneficiaries.Nothing in this Agreement is intended to create duties or obligations to or rights in third parties not parties to this Agreement,or to affect the legal liability of any party to this Agreement, by imposing any standard of care with respect to the maintenance of public facilities different from the standard of care imposed by law. 19. Compliance with Laws. The Parties shall comply with all applicable federal, state and local laws,rules, regulations, standards and executive orders,without limitation to those designated within this Agreement. a. Anti-Discrimination.The provisions of ARS § 41-1463 and Executive Order 75- 5, as amended by Executive Order 99-4, issued by the Governor of the State of Arizona are incorporated by this reference as a part of this Intergovernmental Agreement as if set forth in full herein. b. Americans with Disabilities Act. This Agreement is subject to all applicable provisions of the Americans with Disabilities Act (Public Law 101-336,42 U.S.C. 12101-12213) and all applicable federal regulations under the Act, including 28 CFR Parts 35 and 36. c. Compliance with Bond Requirements. County agrees to comply with all applicable provisions of Pima County Code Chapter 3.06, "Bonding Disclosure, Accountability, and Implementation"and of the Bond Ordinance,as they now exist or may hereafter be amended. Any reports to be submitted by County to Town in compliance with Pima County Code Chapter 3.06 or the Bond Ordinance shall be provided in a format and schedule determined by County. Honey Bee Village Preserve 14A RLN 13007.doc 7 of 11 (sop 20. Waiver. Waiver by any party of any breach of any term, covenant or condition. herein contained 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 herein contained. 21. Force Majeure.A party shall not be in default under this Agreement if it does not fulfill any of its obligations under this Agreement because it is prevented or delayed in doing so by reason of uncontrollable forces. The term "uncontrollable forces"shall mean, for the purpose of this Agreement, any cause beyond the control of the party affected, including but not limited to failure of facilities,breakage or accident to machinery or transmission facilities, weather conditions, flood, earthquake, lightning, fire, epidemic, war, riot, civil disturbance, sabotage, strike, lockout, labor dispute,boycott, material or energy shortage,casualty loss, acts of God,or action or non-action by governmental bodies in approving or failing to act upon applications for approvals or permits which are not due to the negligence or willful action of the Parties, order of any government officer or court(excluding orders promulgated by the Parties themselves),and declared local, state or national emergency, which,by exercise of due diligence and foresight, such party could not reasonably have been expected to avoid. Either party rendered unable to fulfill any obligations by reason of uncontrollable forces shall exercise due diligence to remove such inability with all reasonable dispatch. 22. Non-Appropriation. Notwithstanding any other provision in this IGA, this IGA may be terminated if for any reason the Pima County Board of Supervisors does not appropriate sufficient monies for the purpose of maintainingthis IGA. � 23. Notification.All notices or demands upon any party to this agreement shall be in writing, unless other forms are designated elsewhere, and shall be delivered in person or sent by mail addressed as follows: PIMA COUNTY: Clerk,Board of Supervisors 130 West Congress Street, 5`h Floor Tucson,AZ 85701 With copies to: Pima County Administrator 130 West Congress Street, 10th Floor Tucson,AZ 85 701 Attn.: C.H.Huckelberry Telecopy: (520)-740-8171 and: Honey Bee Village Preserve IGA RLN 13007.doc 8 of 11 Chief Civil Deputy Pima County Attorney 32 N. Stone Avenue, 21st Floor Tucson, AZ 85701 Telecopy: (520)-620-6556 and: Pima County Cultural Resources Manager 201 N. Stone Avenue, 6th Floor Tucson, AZ 85701 Telecopy: 520-243-1610 TOWN OF ORO VALLEY: Town Clerk Town of Oro Valley 11,000 N. La Canada Oro Valley, Arizona 85737 Telecopy: (520)-297-0428 With a copy to: Community Development Director 11000 N. La Canada Drive Oro Valley, Arizona 85737 and: Town Attorney Town of Oro Valley 11,000 N. La Canada Oro Valley,Arizona 85737 Telecopy: 520-229-4774 24. Remedies. Any party may pursue any remedies provided by law for the breach of this Agreement. No right or remedy is intended to be exclusive of any other right or remedy and each shall be cumulative and in addition to any other right or remedy existing at law or in equity or by virtue of this Agreement. In Witness Whereof,County has caused this Agreement to be executed by the Chair of its Board of Supervisors,upon resolution of the Board and attested to by the Clerk of the Board, and the Town has caused this Agreement to be executed by the Mayor upon resolution of the Mayor and Council and attested to by its Clerk. Honey Bee Village Preserve [GA RLN 13007.doc 9 of 11 ATTEST: TOWN OF ORO VALLEY: Town Clerk Mayor ATTEST: PIMA COUNTY: Lori Godoshian Richard Elias, Chairman Clerk of the Board Board of Supervisors APPROVED AS TO CONTENT: Assistant Town Manager John Bernal, Assistant County Manager CONCURRING PARTY: Tohono O'odharn Nation By: Tribal Chairwoman Honey Bee Village Preserve IGA RLN 13007.doc 10 of l l Intergovernmental Agreement Determination The foregoing Intergovernmental Agreement between Pima County, and the Town of Tucson has been reviewed pursuant to A.R.S. § 11-952 by the undersigned, each of whom has determined that it is in proper form and is within the powers and authority granted under the laws of the State of Arizona to the party represented by the him/her. PIMA COUNTY: Deputy County Attorney Date TOWN OF ORO VALLEY Assistant Town Attorney Date Honey Bee Village Preserve IGA RLN 13007 .doc 11 of 11 ate. WHEN RECORDED RETURN TO: Pima County Cultural Resources& Historic Preservation Office Pima County Public Works Administration 201 North Stone Avenue,6th floor Tucson,Arizona 85701-1215 EXEMPT UNDER A.R.S.§11-1134(A)(2) DEED OF CONSERVATION EASEMENT THIS DEED OF CONSERVATION EASEMENT(the"Easement") is made by and between Pima County, a body politic and corporate of the State of Arizona, ("Grantor"or "County"), and the Town of Oro Valley, a municipal corporation existing under the laws of the State of Arizona, ("Grantee"or "Town"). RECITALS A. Grantor is the owner in fee simple of that certain real property which is commonly known as the Honey Bee Village Archeological Preserve and more particularly described in Exhibit"A" and depicted in Exhibit"A-1,"attached hereto and made a part hereof(the"Preserve"). B. The Preserve contains within its boundaries the historically significant core of the Hohokam archaeological site known as Honey Bee Village. The site has evidence of Hohokam occupation dating from A.D. 450 to 1250. The Preserve represents the core of a much larger site area, and represents the only remaining intact large Hohokam Village Site in Oro Valley. C. Grantee is authorized under Arizona's Uniform Conservation Easement Act,Arizona Revised Statutes, Sections 33-271 through 276,inclusive(collectively, as and if amended,the "Act")to hold conservation easements for conservation purposes or to preserve the historical, architectural, archaeological or cultural aspects of real property in Arizona. D. Grantee is a political subdivision of the State of Arizona and has the authority to receive and hold real property pursuant to A.R.S. Section 9-241. F. Grantor and Grantee recognize the historical and cultural value and significance of the Preserve and have the common purpose of conserving and preserving the aforesaid value and significance of the Preserve for the benefit of the people of the Town of Oro Valley,Pima County,the State of Arizona, the Tohono O'odham Nation, and the United States of America. H. Grantor and Grantee agree that the July, 2005,draft Honey Bee Village Archeological Honey Bee Village Conservation Easement v.6 rin 13007 1 of 12 Preserve Conceptual Plan, as accepted by the Oro Valley Town Council and the 2007 Implementation Plan are consistent with this Easement. NOW,THEREFORE, the Parties hereto agree as follows: AGREEMENT 1. Grant of Easement. For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Grantor does hereby irrevocably grant, convey, transfer and assign unto Grantee a conservation easement, as defined under the Act, in gross in perpetuity in and to the Preserve. As part of the Easement, Grantor and Grantee are also undertaking certain affirmative obligations as set forth herein. 2. Purpose. It is the purpose of this Easement to assure that the cultural and archaeological features of the Preserve will be retained and maintained forever substantially in their current or better condition for conservation and preservation purposes and to prevent any use or change of the Preserve that will materially impair or interfere with the Preserve's cultural and historic values. 3. Grantor's Covenants. In furtherance of, and as part of the Easement herein granted, Grantor hereby covenants and agrees with Grantee as follows: 3.1 Documentation of the Condition of the Preserve.For the purpose of this Easement,Grantor or its designee shall depict the appearance of the Preserve in an original set of photographs dated no later than thirty(30)days following the execution of this Easement, (collectively, the"Photographs")copies of which shall be filed in the office of the Pima County Cultural Resources Office and the Town of Oro Valley,or its designated successor. The visible appearance of the Preserve as depicted in the Photographs is deemed to describe the baseline condition of the Preserve at the time of the grant of this Easement("Baseline Documentation"). 3.2 Public Access.Grantor,in cooperation with the Grantee,will provide for some level of public access to the Preserve for interpretive or educational purposes,provided such access does not adversely impact the cultural and archaeological values of the Preserve and the purposes of this Easement. Public access shall be pedestrian only, with no equestrian or bicycle access, and no mechanized conveyances permitted, other than those necessary for occasional maintenance activities per the Implementation Plan, and where mechanized wheelchairs are necessary to comply with the Americans with Disabilities Act. Dogs must be leashed, and all applicable County and Town ordinances must be followed. 4. Grantor's Reserved Rights. Subject to the provisions of Paragraphs 3, 5 and 6, Grantor may engage in uses, and activities on, over, or under the Preserve, without further approval by Grantee, that (i)are permitted by governmental statute or regulation; (ii) do not substantially impair the conservation and preservation values of the Preserve; and (iii) are not inconsistent with the purpose of this Easement_ Grantor may also carry out preservation activities permitted Honey Bee Village Conservation Easement v.6 rin 13007 2 of 12 under that certain Intergovernmental Agreement executed by the parties simultaneously with the grant of this easement, a copy of which is attached hereto as Exhibit B. 5. Grantor's Covenants—Prohibited Activities and Uses of the Preserve. Without limiting the general restrictions and obligations set forth herein, Grantor hereby covenants and agrees that the following acts or uses are expressly forbidden on, over, or under the Preserve: 5.1 The erection, construction or placement of buildings or structures, camping accommodations, mobile homes or modular structures on the Preserve. 5.2 The division or subdivision of the Preserve. For the purposes of this Easement, subdivision shall include a long term lease or other arrangement that creates the characteristics of a subdivision of the Preserve as determined in the sole discretion of the Grantee. 5.3 The dumping of trash, rubbish, ashes, or any other unsightly,offensive,or hazardous materials on the Preserve. 5.4 The installation or placement of communications lines,or utility transmission lines,except pursuant to utility easements already recorded on the Preserve at the time of the creation of this Easement. 5.5 The filling, excavating, dredging,mining, drilling, exploration or extraction of minerals, hydrocarbons, soils, sand,gravel,rock, or other materials on or below the surface of low the Preserve, except as minimally necessary in connection with such activities as may be required in performing any activities permitted herein and provided such activity is expressly approved in advance in writing by Grantee. 5.6 Any permanent topographical change, such as, by example, excavation for the construction of roads, swimming pools, and recreational facilities,or other such ground- disturbing activities. 5.7 The erection of satellite receiving dishes or similar electronic frequency receiving or emitting devices on the Preserve. 5.8 The removal of any cultural artifacts or remains from the Preserve. 5.9 Nothing shall be erected or allowed to grow on the Preserve that would impair the integrity of the archaeological structures, sites, and artifacts of the Preserve. 5.10 No easements or rights of way shall be granted through the Preserve. Notwithstanding any other provision herein, Grantor shall not be liable to Grantee for any act in violation of these prohibitions by any person other than the Grantor, and Grantor's employees, agents and officials. Honey Bee Village Conservation Easement v.6 rin 13007 3 of 12 6. Rights of Grantee. Grantor hereby grants and conveys the following rights to Grantee, which rights shall be in addition to, and not in limitation of, any other rights and remedies available to Grantee,provided further that any right of Grantee to enter upon the Preserve shall not require the payment of any fee, charge, costs or other consideration to Grantor: 6.1 To identify, preserve, protect and monitor, in perpetuity, the Conservation Values of the Preserve; 6.2 To prevent Grantor or third persons from conducting any activity on or use of the Property that is prohibited or inconsistent with the Easement; 6.3 To enter upon the Preserve for the purpose of routine monitoring and the monitoring of the terms of this Easement and for law enforcement purposes. 6.4 Upon no less than thirty(30)days written notice to Grantor, and subject to Grantor's review and approval, which shall be in Grantor's sole discretion, and subject to Arizona State Historic Preservation Office concurrence, to enter on the Preserve to engage in cultural study or research projects provided that Grantee shall not in any case unreasonably interfere with Grantor's use and quiet enjoyment of the Preserve. In no event shall Grantee engage in any ground-disturbing study or research, or removal of any cultural artifacts or remains without the prior written approval of Grantor. 6.5 To enter anyupon Yduring the Preserve at time the term of this Easement. 7. Runs with the Land. Except as provided in Paragraph 15, the obligations imposed by this Easement shall be effective in perpetuity and shall be deemed to run as a binding servitude with the Preserve,binding on all owners of any interest in any portion of the Preserve. An owner of the Preserve shall have no obligation pursuant to this instrument where such owner shall cease to have any ownership interest in the Preserve by reason of a bona fide transfer. The restrictions, stipulations, and covenants contained in this Easement shall be inserted by Grantor,verbatim or by express reference, in any subsequent deed or other legal instrument by which Grantor divests itself of either the fee simple title to or any lesser estate in the Preserve or any part thereof, including by way of example and not limitation,a lease of all or a portion of the Preserve. 8. Recordation; Assignment. 8.1 Grantor shall do and perform at its own cost all acts necessary to the prompt recording of this instrument in the land records of Pima County, Arizona. 8.2 Grantee may convey, assign,or transfer this Easement to a unit of federal, state,or local government or to a similar local, state,or national organization that is a"qualified organization"under Section 170(h) of the Code, and who is a qualified conservation easement holder under state law, whose purpose, among other things, is to promote preservation or conservation of historical, cultural, or architectural resources, provided that any such Honey Bee Village Conservation Easement v.6 rin 13007 4 of 12 conveyance, assignment,or transfer requires that the purpose for which the Easement was granted will continue to be carried out. 9. Default/Remedy. In the event Grantor fails to perform any obligation of Grantor set forth herein, or otherwise comply with any stipulation or restriction set forth herein, in addition to any remedies now or hereafter provided by law and in equity, Grantee or its designee, following prior written notice to Grantor, may(a)institute suit(s)to enjoin such violation by ex parte, temporary, preliminary or permanent injunction,including prohibitory and or mandatory injunctive relief, and to require the restoration of the Preserve to the condition and appearance required under this Easement, or(b)enter upon the Preserve,correct any such violation, and hold Grantor responsible for the cost thereof, and such cost until repaid shall constitute a lien on the Preserve, or(c)revoke Grantee's acceptance of this Easement by seeking judicial extinguishment in a court of competent jurisdiction on the grounds that the Grantor's default renders impossible or impractical the continued use of the Preserve for conservation purposes as defined under the Act. Jn the event the Grantor violates any of its obligations under this Easement, Grantor shall reimburse Grantee for any and all costs and expenses incurred in connection therewith, including all court costs and attorneys' fees. 10. Waiver. The exercise by Grantee or its designee of any remedy hereunder shall not have the effect of waiving or limiting any other remedy and the failure to exercise any remedy shall not have the effect or waiving or limiting the use of any other remedy or the use of such remedy at any other time. 11. Amendment If circumstances arise under which an amendment to or modification of this Easement would be appropriate, Grantor and Grantee may by mutual written agreement jointly amend this Easement,provided that no amendment shall be made that will adversely affect the qualification of this Easement or the status of Grantor or Grantee under any applicable laws, including Sections 170(h) of the Code and the laws of the State of Arizona. Any such amendment shall be consistent with the protection of the conservation and preservation values of the Preserve and the purpose of this Easement; shall not affect its perpetual duration; shall not permit residential and/or commercial development on the Preserve; shall not permit any private inurement to any person or entity; and shall not adversely impact the overall archaeological, historic, and open space values protected by this Easement. Any such amendment shall be recorded in the land records of Pima County,Arizona. Nothing in this paragraph shall require Grantor or Grantee to agree to any amendment or to consult or negotiate regarding any amendment. 12. Notice from Government Authorities.Grantor shall deliver to Grantee copies of any notice of violation or lien relating to the Preserve received by Grantor from any government authority within five (5)days of receipt by Grantor. Upon request by Grantee, Grantor shall promptly furnish Grantee with evidence of Grantor's compliance with such notice or lien where compliance is required by law. 13. Notice of Proposed Sale. Grantor shall promptly notify Grantee in writing of any proposed offer to sell the Preserve or of any listing of the Preserve for sale and provide the Honey Bee Village Conservation Easement v.6 rin 13007 5 of 12 opportunity for Grantee to explain the terms of the Easement to the real estate listing agent and potential new owners prior to sale closing. 14. Liens.Any lien on the Preserve created pursuant to any paragraph of this Easement may be confirmed by judgment and foreclosed by Grantee in the same manner as a mechanic's lien, except that no lien created pursuant to this Easement shall jeopardize the priority of any recorded lien of mortgage or deed of trust given in connection with a promissory note secured by the Preserve. 15. Extinguishment. Grantor and Grantee hereby recognize that circumstances may arise that may make the continued ownership or use of the Preserve in a manner consistent with the purpose of this Easement impossible and that extinguishment of the Easement may be necessary. Such circumstances may include, but are not limited to,partial or total destruction of the Preserve resulting from casualty.The Easement may be extinguished by written agreement of the parties. Unless otherwise required by applicable law at the time, in the event of any sale of all or a portion of the Preserve(or any other property received in connection with an exchange or involuntary conversion of the Preserve)after such termination or extinguishment, and after the satisfaction of prior claims and any costs or expenses associated with such sale,Grantor and Grantee shall share in any net proceeds resulting from such sale in accordance with their respective percentage interests in the fair market value of the Preserve, as such interests are determined, adjusted,if necessary,to reflect a partial termination or extinguishment of this Easement. All such proceeds received by Grantee shall be used by Grantee in a manner consistent with Grantee's primary purposes.Net proceeds shall also include, without limitation, net insurance proceeds. In the event of extinguishment,the provisions of this paragraph shall survive extinguishment and shall constitute a lien on the Preserve with the same effect and priority as a mechanic's lien, except that such lien shall not jeopardize the priority of any recorded lien of mortgage or deed of trust given in connection with a promissory note secured by the Preserve. 16. Condemnation.If all or any part of the Preserve is taken under the power of eminent - domain by public, corporate, or other authority, or otherwise acquired by such authority through a purchase in lieu of a taking, Grantor and Grantee shall join in appropriate proceedings at the time of such taking to recover the full value of those interests in the Preserve that are subject to the taking and all incidental and direct damages resulting from the taking. After the satisfaction of prior claims and net of expenses reasonably incurred by Grantor and Grantee in connection with such taking, Grantor and Grantee shall be respectively entitled to compensation from the balance of the recovered proceeds in conformity with the provisions of paragraph 17 unless otherwise provided by law. 17. Effect and Interpretation. The following provisions shall govern the effectiveness and duration of this Easement: 17.1 Interpretation. Any rule of strict construction designed to limit the breadth of restriction on alienation or use of property shall not apply in the construction or interpretation of • Honey Bee Village Conservation Easement v.6 rin 13007 6 of 12 this Easement, and this Easement shall be interpreted broadly to affect the transfer of rights and restrictions on use herein contained. 17.2 Invalidity of the Act. This Easement is made pursuant to the Act as the same now exists or may hereafter be amended,but the invalidity of such Act or any part thereof,or the passage of any subsequent amendment thereto,shall not affect the validity and enforceability of this Easement according to its terms, it being the intent of the parties hereto to agree and to bind themselves, their successors, heirs and assigns, as applicable, in perpetuity, whether this Easement be enforceable by reason of any statute, common law or private agreement either in existence now or at any time subsequent thereto. 17.3 Violation of Law. Nothing contained herein shall be interpreted to authorize or permit Grantor to violate any applicable ordinance,rule or regulation, and the Grantor and Grantee agree to comply with all applicable laws, including, without limitation, all building codes, zoning laws and all other laws related to the protection and maintenance of cultural, archaeological, and historic properties. In the event of any conflict between any such laws and the terms hereof,the Grantor promptly shall notify Grantee of such conflict and shall cooperate with Grantee and the appropriate authorities to accommodate the purposes of both this Easement and such ordinance or regulation. 17.4 Notices. Notices shall be in writing and shall be given by personal or air courier service delivery to a responsible person,by telephone facsimile, or by deposit in the United States mail,certified mail,return receipt requested,postage prepaid. Notices shall be delivered or addressed to County and Town at the addresses set forth below or at such other address as a party may designate in writing. The date notice is deemed to have been given, received and become effective shall be the date on which the notice is delivered, if notice is given by personal or air courier service delivery or by telephone facsimile,or two(2) days following the date of deposit in the mail, if the notice is sent through the United States mail. PIMA COUNTY Clerk of the Board of Supervisors 130 West Congress Street, 5th Floor Tucson,Arizona 85701 Telecopy: (520)-622-0448 With copies to: Pima County Administrator 130 West Congress Street, 10th Floor Tucson,Arizona 85701 Attn.: C.H. Huckelberry Telecopy: (520)-740-8171 and: Honey Bee Village Conservation Easement v.6 rin 13007 7 of 12 Chief Civil Deputy Pima County Attorney . 32 N. Stone Avenue,21g Floor Tucson, Arizona 85701 Telecopy: (520)-620-6556 and: Pima County Cultural Resources Manager . 201 N. Stone, 6th Floor Tucson,AZ 85701 TOWN OF ORO VALLEY Town Clerk Town of Oro Valley 11,000 N. La Canada Oro Valley, AZ 85737 With copies to: Community Development Director law 11,000 N. La Canada Oro Valley,AZ 85737 and: Town of Oro Valley's Attorney's Office 11,000 N. La Canada Oro Valley,AZ 85737 17.5 No Liability. Grantor and Grantee agree that none of their respective directors, officers, employees or agents have any personal obligation hereunder.No official,representative, agent, attorney or employee of either Grantor or Grantee shall be personally liable to Grantee or Grantor,respectively, or to any successor in interest to either, in the event of default or breach by either or for any amount which may become due to either or to their respective successors, or with respect to any obligation of either Grantor or Grantee under the terms of this Agreement. 17.6 Further Documentation. Each party agrees in good faith to execute such further or additional documents as may be necessary or appropriate to fully carry out the intent and purpose of this Easement. 17.7 Conflict of Interest. This Easement is subject to cancellation pursuant to A.R.S. Section 38-511. Honey Bee Village Conservation Easement v.6 Tin 13007 8 of 12 ‘Pir 17.8 Non-Discrimination. The Parties shall comply with Arizona State Executive Order No. 99-4, if applicable, and all other applicable federal and state laws, rules and regulations, including the Americans with Disabilities Act. 17.9 Arbitration. To the extent required pursuant to A.R.S. Section 12-1518, and any successor statutes, the Parties agree to use arbitration, after exhausting all administrative remedies, to resolve any dispute arising out of this Easement. 17.10 Limitations. Nothing in this Easement shall be construed as limiting or expanding the statutory responsibilities of County or Town in performing functions beyond those granted to it by law or as requiring County or Town to expend any sum in excess of its appropriations. 17.11 Non-Availability of Funds. This Easement shall be subject to available funding, and nothing in this Agreement shall bind any party to expenditures in excess of funds authorized for purposes outlined in this Easement. 17.12 Records. Pursuant to A.R.S. Sections 35-214 and 35-215 the Parties shall retain all data, books and other records relating to the granting of this Easement for a period of five years after execution of this Agreement and retain all records regarding the condition of the Preserve for the life of the Easement. All records shall be subject to inspection and audit by either party at reasonable times. Upon request, either party shall produce the original of any such records. %OP 17.13 Entire Agreement. This Easement reflects the entire agreement of Grantor and Grantee. Any prior or simultaneous correspondence, understandings, agreements, and representations are null and void upon execution of this Easement, unless set out in this instrument. 17.14 Counterparts. This Easement may be executed in two counterparts and by each party on a separate counterpart, each of which when so executed and delivered shall be an original, but both of which together shall constitute one instrument. 17.15 Recitals. The above Recitals are incorporated herein by this reference. 17.16 Exhibits. Any exhibit attached hereto shall be deemed to have been incorporated herein by this reference with the same force and effect as if fully set forth in the body hereof. In the event of a conflict between the written terms of this Easement and any exhibit to this Easement,the exhibit shall control over the written terms. 17.17 Time Periods. If the time for the performance of any obligation or taking any action under this Agreement expires on a Saturday, Sunday or legal holiday, the time for performance or taking such action shall be extended to the next succeeding day which is not a Saturday, Sunday or legal holiday. NIP Honey Bee Village Conservation Easement v.6 rin 13007 9 of 12 17.18 Headings. The headings of this Easement are for purposes of reference only and shall not limit or define the meaning of any provision of this Easement. 17.19 Feminine and Masculine.For purposes of this Easement,the feminine shall include the masculine and the masculine shall include the feminine. 17.20 Time of the Essence. Time is of the essence in the performance of each and every term and condition of this Easement by the County. IN WITNESS WHEREOF,the Grantor and the Grantee executed this Easement on the date signed below,which Easement shall be effective immediately upon the date of the last signature. Grantor: PIMA COUNTY ATTEST Chairman,Pima County Board Clerk,Pima County Board of of Supervisors Supervisors APPROVED AS TO FORM: Deputy Pima County Attorney Honey Bee Village Conservation Easement v.6 Tin 13007 10 of 12 Grantee: ATTEST Approved and accepted by Town of Oro Valley Mayor,or Town of Oro Valley Clerk,Oro Valley Town Council APPROVED AS TO FORM: Assistant Town Attorney Exhibits A: Legal Description Preserved Property A-1:Depiction of Preserved Property B: Intergovernmental Agreement Tax Code Parcel Number: Honey Bee Village Conservation Easement v.6 rin 13007 11 of 12 Honey Bee Village Conservation Easement v.6 rin 13007 12 of 12 Honey Bee Archeological Preserve. Item 6 on the February 21, 2007 agenda for the Town of Oro Valley Council Meeting— My concern in speaking tonight is not to question the value of historical preservation. I think it is important and admirable to preserve Oro Valley history in projects such as the "Honey Bee Village" and potentially a"Steam Pump Museum". What I do question is the commitment of$340,000 to this project from the general fund at this point in time. I spoke to the Town Council at their meeting on February 7, 2007 about some of the "shortfalls" in revenue that will place the Town of Oro Valley in a very "tight financial position'. I have heard repeatedly from the Town Council members that the Town Council wants a long range sustainability plan for revenue and expenditures, However, the commitment of general funds to the Honey Bee Archeological Preserve is another example of a piecemeal approach to financial problems. How can the Town Council commit $340,000 without evaluating what impact it will have on any long range sustainability plan? The Town Council did another recent"piecemeal" approach when they wanted to add 18.5 positions to town staff at a cost of 1.2 million dollars that was not in the Town Budget. In that case they passed a 2% utility tax to fund the added 18.5 positions. What tax do they now contemplate to create and pass to fund the $340,000 dollars? I urge the Town Council to wait for the long range sustainability plan before continuing to commit to additional funding for any projects. John V. Musolf • Arizona Voter and Taxpayer 13716 N. Carlynn Cliff Drive Oro Valley, Arizona 85755 520-297-5573