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HomeMy WebLinkAboutPackets - Council Packets (939) **AMENDED (09/25/06, 12:00 p.m.) ***AMENDED (09/29/06, 4:00 p.m. AGENDA ORO VALLEY TOWN COUNCIL REGULAR SESSION OCTOBER 4, 2006 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 38431.03A( ) and A(3 A(4). Council may vote to go into Executive consultation for and discussion of legal advice with Session for the purpose of co p the Town Attorney and Town representatives concerning the status of Pima County Superior Court Case No. C20025195, Williams v. Town of Oro Valley, known as the Pager Pay litigation,i ation, and to direct legal counsel concerning the litigation ***Pursuant to ARS § 38-431.03.A(3) and (4), Council may vote to go into ( ) Executive Session to discuss and consult with the Town Attorney for legal advice and to provide directionregarding re ardin the handling of public record requests, 39-121 et seq., for Town employee personnel pursuant to ARS §§ q records/information relating employee performance to em to ee and internal investigations of employees RESUME REGULAR SESSION AT OR AFTER 7:00 PM CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE .�,..U°fPCOMING 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 — At this time, anymember of the public is allowed to CALL TO AUDIENCE , Mayor and Town Council on any issue not listed on today's address the it agenda. Pursuant to the Arizona Open Meeting Law, individual Counc Agenda, Council 10/04/06 Regular Session 2 the matter,may ask Town Staff to review ask that the matter be placed on a future agenda, or respond to criticism made by speakers. However, the or take legal action on matters raised during Mayor and Council may not discussg "Call during "Call to Audience" please specify Call to Audience." In order to speak ss when completing what you wish to discuss the blue speaker card. PRESENTATIONS NORTHWEST MEDICAL CENTER— ORO VALLEY HOSPITAL UPDATE 1. CONSENT AGENDA and/or possible action) (Consideration � A. Minutes — 08/02/06 - (continued from 9/20/06) , 08/09/06; 08/30/06 B. BuildingSafety Activity Report - August 2006 C. Coyote Run Transit Report - August 2006 D. Police Report - August 2006 E. Resolution No. (R)06-80 A the High Intensity Drug Trafficking Approving g Area Program Grant Agreement (#HT16-06-161O) between the Arizona Criminal Justice Commission and the Town of Oro Valley Police Department allowingfor one officer to be assigned to the Pima CountyH I DTA Investigative Task Force i h Intensity DrugTrafficking F. Resolution No. (R)06-81 Approving the H g Area Program Grant Agreement (#HTI 6-06-1712) between the Arizona Criminal Justice Commission and the Town of Oro Valley Police Department allowingfor two officers to be assigned to the Pima County/Tucson Metropolitan Counter Narcotics Alliance p G. 0V12-03-16B Approval of a final plat for the Steam Pump Village proximity Development, located in roximit to the intersection of Oracle Road and Hanley Boulevard, Parcels #220-04-009C, 220-04-009F, 220-04- 009G, 220-08-0014, 220-08-001V, 220-08-001 Q, 220-04-001T, 220- 04-001W, 220-04-0060, 220-04-0015, 220-11-003C & 220-04-003B H. Resolution No. (R)06-82p g Accepting the bid and award of contract to Southern Arizona Paving and Construction Company in the amount of $152,675 for the Rancho Vistoso Pavement Overlay from Sun City Boulevard to Silverton, Project No. OV V 30 06/07 10 I. Resolution No. (R)06-83 Authorizing the Town Manager to of Arizona Division and receive funds from, the State submit claims to, , Management on behalf of the Town, as the Town's of Emergency g Ag ent, from for Flood/Storm Damage suffered by the Town July 25th through August 4, 2006 J. Water Utility Status Report on Drought Response Planning and Possible Code Changes regarding Hot Water Recirculation Systems, Rain WaterHarvesting, Gray water and Backflow Prevention 2. PUBLIC HEARING APPROVAL OF AN APPLICATION FOR A PERSON AND LOCATION TRANSFER OF A SERIES 09 (LIQUOR STORE) 10/04/06 Agenda, Council Regular Session 3 - LIQUOR LICENSE FOR WAL-MART NEIGHBORHOOD MARKET #4264 LOCATED AT 7951 N. ORACLE ROAD - ORDINANCE NO. (0)06-17 EXTENDING AND PUBLIC HEARING 3. HE TOWN OF ORO ING THE CORPORATE LIMITS MITS OF T OF TITLE 9, PURSUANT TO THE PROVISIONS VALLEY, ARIZONA, CHAPTER 4, ARTICLE 7, ARIZONA REVISED STATUTES AND AMENDMENTS THERETO, BY ANNEXING THERETO CERTAIN TERRITORY CONTIGUOUS TO THE EXISTING TOWN LIMITS OF THE LA ARIZONA - CANADA AND CALLE OF ORO VALLEY, TOWN RIGHT-OF-WAY AND THE CALLE CONCORDIA CONCORDIA BETWEEN LA CANADA DRIVE AND CALLE LOMA LINDA - ORDINANCE NO. (0)06-18 EXTENDING AND PUBLIC HEARING 4. INCREASING THE CORPORATE LIMITS OF THE TOWN OF ORO VALLEY, ARIZONA, PURSUANT TO THE PROVISIONS OF TITLE 9, CHAPTER 4, ARTICLE 7, ARIZONA REVISED STATUTES AND AMENDMENTS THERETO, BY ANNEXING THERETO CERTAIN TERRITORY CONTIGUOUS TO THE EXISTING TOWN LIMITS OF THE TOWN OF ORO VALLEY, ARIZONA (2.85 ACRES, ANNEXATION AREA M) ORDINANCE PUBLIC HEARING - NO. (0)06-19 EXTENDING AND INCREASING THE CORPORATE LIMITS OF THE TOWN OF ORO VALLEY, ARIZONA, PURSUANT TO THE PROVISIONS OF TITLE 9, CHAPTER 4, ARTICLE 7, ARIZONA REVISED STATUTES AND TO CERTAIN BY ANNEXING THERE AMENDMENTS THERETO, TERRITORY CONTIGUOUS TO THE EXISTING TOWN LIMITS OF THE TOWN OF ORO VALLEY, ARIZONA (120.5 ACRES, ANNEXATION AREA N) NO. (0)06-20 AMENDING CHAPTER 6. PUBLIC HEARING - ORDINANCE CODE BY ADDING ARTICLE THE TOWN OF ORO VALLEY TOWN 6 OF (Declared a 6-10, ENTITLED "HISTORIC PRESERVATION CODE public record on September 6, 2006) Synopsis: The effect of this Ordinance would create a new Historic no y p Preservation Code. The proposed Code provides the purpose, mission ; establishes the role and in Oro Valle objectives for historic preservation Y � duties of the Historic Preservation Commission; provides for designations marks and provides for other tools and of historic sites, building and land activities for historic preservation. 7. INITIATION OF A MASTER PLANNING PROCESS FOR STEAM PUMP RANCH PROPERTY AND REQUEST FOR TRANSFER OF FUNDS FROM GENERAL FUND CONTINGENCY TO COMMUNITY DEVELOPMENT 10/04/06 Agenda, Council Regular Session 4 • the process of acquiring clear title to the 15.2 Synopsis: The Town is in Steam Pum Ranch. This action will kick off a acre property known as the p that willprovide plans to secure the site, stabilize master planning process existing buildings, prepareplans for restoration of the historic buildings buildingsimprovements, activities and enhancements and plan for future bui gsp that are complementary to the historic site. : : :s ♦ • �♦ ►. 9. FUTURE AGENDA ITEMS (The Council may bring forth general topics for future meeting agendas. Council maynot discuss, deliberate or take any topicspresented pursuant to ARS 38-431.02H) action on the p ***10. Discussion, consideration and possible action authorizing the Town Attorney to take legal action to obtain direction from the courts concerning release of personnel records/information relating to employee Town employee performance and internal investigations of employees, pursuant to an ARS 39-121 et seq. public records request — At this time, anymember of the public is allowed to CALL TO AUDIENCE , address the Mayor and Town Council on any issue not listed on today s Open Pursuant to the Arizona O en 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 raised during not discuss or take legal action on matters Mayor and Council may"Call to Audience." In order to speak during "Call to Audience" please specify p what you wish to discuss when completing the blue speaker card. ADJOURNMENT POSTED: 09/22/06 AMENDED AGENDA POSTED: 09/25/06 4:00 p.m. 12:00 p.m. Lh lh SECONDED AMENDED AGENDA POSTED: 09/29/06 4:00 p.m. lh packet of agenda materials as listed above is available for When possible, a g of the at least 24 hours prior to the Council meeting in the office public inspection Town Clerk between the hours of 8:00 a.m. — 5:00p.m. g 10/04/06 Agenda, Council Regular Session 5 The Town of Oro Valley complies with the Americans with Disabilities Act (ADA). needs anytype of accommodation, please notify If any person with a disability yp _ five days the Town Clerk's Office at leasty prior to the Council meeting at 229 4700. INSTRUCTIONS TO SPEAKERS the right to Members of the public havespeak during any posted public g hearing. However, those items not listed as a public hearing are for consideration and actionby the Town Council during the course of their business meeting. Memberspublic of the may be allowed to speak on these topics at the discretion of the Chair. Town Council on If you wish to address the any item(s) on this agenda, please completeAgenda table at the back of the room a speaker card located on the g indicate on the speaker card which item andgive it to the Town Clerk. Please p or if you wish to speak during number and topic you wish to speak on, "Call to Audience", pleasespecify s ecif what you wish to discuss when completing the blue speaker card. when the Please step forward to the podiumMayor announces the item(s) on the agenda which you are interested in addressing. state name and address for the record. 1. Please your Council. Please onlyon the issue currently being discussed by 2. Speak organize yourspeech,s eech, Y ou will only be allowed to address the Council once regarding the topic being discussed. 3. Please limit your comments to 3 minutes. 4. During issue to Audience" you may address the Council on any you wish. 5. Any memberpublicand of the speaking must speak in a courteous respectful manner to those present. Thank you for your cooperation. TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: October 4, 2006 TO: HONORABLE MAYOR & TOWN COUNCIL FROM: David Welsh, Economic Development Administrator SUBJ. Presentation on the expansion of the Northwest Medical Center Oro Valley. SUMMARY: expanding The Northwest Medical Center Oro Valleyis ex andin into its currently vacant 4th floor. The following individual will be present to discuss the expansion: Kappelman, Chief Executive O icer Northwest Med Mr. Paul --al Center— Oro Valley David elsh, conomic Development Administrator , a a a i.i,i,..4_ David Andrews, Town Manager I' • • DRAFT MINUTES ORO VALLEY TOWN COUNCIL STUDY SESSION AUGUST 30, 2006 ORO VALLEY TOWN COUNCIL CHAMBERS 11000 NORTH LA CANADA DRIVE STUDY SESSION AT OR AFTER 5:30 PM CALL TO ORDER: 5:34 PM ROLL CALL PRESENT: Paul Loomis, Mayor Paula Abbott, Council Member Kenneth Carter, Council Member Helen Dankwerth, Council Member Barry Gillaspie, Council Member Al Kunisch, Council Member EXCUSED: Terry Parish, Vice Mayor ECONOMIC VITALITY PLAN UPDATE Finance Director Stacey Lemos explained that in April 2006 the Town engaged the firm of Economics Research Associates (ERA) for the preparation of an Economic Vitality (EV) Model. ERA consultants Chuck Teller and Amitabh Barthakur worked with Town staff over a 10 week period to gather data, formulate assumptions and prepare the model. She stated that the resulting model in Excel is an interactive, land-use based fiscal impact model that is designed to project the Town's future revenues and expenditures based on projections of land use development throughout the Town. The model can be utilized to forecast Town-level or specific, project level results. The model is also designed so that it can readily be updated with new service level standards, adopted budgets, land use information (including development capacity of the Town, existing and planned capacity of annexation areas and new development projects), fee programs, capital improvement plans, debt schedules and other economic factors. The model utilizes data from the Town's General Plan and adopted budget as the primary input sources. Other data from the State of Arizona, Pima County Assessor, Town operating departments and consultant studies have been utilized as well. Ms. Lemos introduced ERA consultant Amitabh Barthakur, who provided a presentation on what the model can do and the types of results it can produce by measuring the impact of growth on the Town. Discussion followed regarding: 08/30/06 Minutes, Council Study Session 2 • Support staff with needed resources and time to get the plan fully functional. • Program will allow Town to look at "what if" scenarios for future projections. • Will be used for budgetary projections. • Will be beneficial to see what impact developments will have on the Town. • Thanked staff for participation. PROCUREMENT ANALYSIS UPDATE Finance Director Stacey Lemos reported that in March 2006, the Town engaged Philip Scales, a consultant with the National Institute of Governmental Purchasing, Inc. Procurement Management Assistance Program, to conduct a comprehensive business process review of the Town's overall procurement program. The purpose of the review was to: • Evaluate the Town's current purchasing policies, procedures and internal controls and make recommendations for improvement and updating. • Make a recommendation as to whether the town's level of procurement activity warrants the creation of a separate procurement function and recommend an appropriate organizational structure for that function. • Recommend methods to secure better value relative to the price of goods and services procured. Ms. Lemos explained that the Executive Summary section of the report (pages 3 - 5) highlights the consultant's recommendations: • Create a centralized professional procurement function, reporting to the Finance Director, staffed by a Purchasing Director/Administrator and a Buyer. • Create a procurement structure whereby the user departments process low value, low risk transactions while central purchasing concentrates on high value, high risk contracts. • Consider drafting a new Town Procurement Code modeled after the Arizona Procurement Code and the American Bar Association's Model Procurement Code. • Standardize the documentation for procurement solicitation, award and contracts/agreements. • Consider the implementation of a procurement card program. Ms. Lemos stated that the consultant estimates the annual cost for establishing a Purchasing Division to be approximately $156,000, of which $132,527 would be for salaries and benefits. This cost does not include any additional start-up costs for furniture, computers, software, consulting, etc., nor does it address the limited space available to accommodate such staff. Ms. Lemos reviewed the initial goals of the Purchasing Administrator as stated in the Report: • Ensure the integrity of the procurement process; mu) • Manage formal solicitations; a x 08/30/06 Minutes, Council Study Session 3 • Develop and implement a procurement card program; • Ensure that the ERP and other IT systems) meet the needs of the purchasing function; • Standardizep rocesses; provide user department training; monitor delegated purchasing; and • Optimize spend. Ms. Lemosp ointed out that the Report also includes benchmarking data, guidancestrengthening for stren thenin purchasing internal controls, and information relating to the benefits of electronic procurement functions. Appendix G of the Report outlines short, intermediate and long-term goals and objectives to guide the processmigrating of mi ratin to a centralized purchasing function in phases over time. Discussion followed regarding: • Next step is to put recommendations into place. • Return on investment would be good. • Going to a centralized purchasing process will be a cultural change and a positive change. • Look at how these recommendations will fit into the Space Needs Analysis. Mayor Loomis asked to bring the recommendations forward with an Implementation Plan Schedule and costs so this can be added into the next Y budget cycle. However, staff should move forward on what we can do now. g Ms. Lemos emphasized that the Report reviewed the Town's purchasing processes and pointed out that there were no internal control issues. She stated that she envisions this transition will be to assist departments with purchasing needs and will not be a "bottleneck" to departments. This purchasing position will facilitate the purchasing process. Mayor Loomis called a recess at 6:55 p.m. Meeting resumed at 6:59 p.m. BUILDING SAFETY/DEVELOPMENT SERVICES ANALYSIS UPDATE CommunityDevelopment Director Brent Sinclair stated that with Council direction, the Town contracted with Matrix Consulting Group in April 2006 to perform the management study of the building permit process, which was completed August 22, 2006. The scope of the work included: • Evaluate current workflow and work methods including but not limited to the building inspectors process and plan review process; • Review potential new programs and services that would improve the servicesp rovided to customers and citizens while increasing public safety related to building construction; • Make recommendations based on organizational strengths and weaknesses that maximize efficiency and effectiveness; • Analyze reporting relationships to ensure adequate spans of control, both Y internal to the Building Safety Division; 08/30/06 Minutes, Council Study Session 4 • Analyze staff levels based on current and projected workloads; • Review staff retention and experience; • Assess the financial impacts of decisions; and • Analyze the efficiency and effectiveness of the plan review process in meeting customer needs. Mr. Sinclair introduced Gary Goelitz, Vice President for Matrix Consulting Group. Mr. Goelitz reviewed the positive features of the Building Safety Division and reviewed recommendations to assist with: 1) More effectively utilize existing staff. 2) Streamline the plan check process. 3) Enhance customer service. Discussion followed regarding the recommendations made in the study and the need to carefully consider them before a partial or wholesale implementation occurs. Many actions will require future actions from both staff and Council to implement. Some of these actions would be in the form of policy and procedure changes and some would require budget adjustments. It is not likely any of the recommendations would necessitate Code or ordinance amendments. Mayor Loomis asked that the Report show intermediate adjustments, such as - 1) Training & cross-training 2) Identify what needs to go into Permits Plus 3) Take advantage of technology. 4) Look at procurement summary and use that for this Report. 5) Give copy of consultants notes to the Building Safety Administrator. 6) Modify Report and identify themes. SPACE NEEDS ANALYSIS UPDATE Public Works Director/Town Engineer Craig Civalier introduced David Wimmer with Deutsch Associates Architects. He explained that the report includes all interview synopses, departmental overviews and existing space inventory and they are 6 weeks away from completing the Final Report. Architect David Wimmer presented the Draft Town-wide Space Needs Study Phase 1 Progress Report dated August 30, 2006 to the Town Council. He reviewed - • Project Context; • Project Scope; • Assessment Project Methodology; • Project Summary; • Project Organization. Discussion followed regarding the Report and Mayor Loomis requested that a copy of the Final Report be sent out to the Town Council including the properties -3) owned by the Town. 08/30/06 Minutes, Council Study Session 5 Prepared by: Kathryn E. Cuvelier, CMC Town Clerk DRAFT MINUTES ORO VALLEY TOWN COUNCIL STUDY SESSION AUGUST 9, 2006 ORO VALLEY TOWN COUNCIL CHAMBERS 11000 NORTH LA CANADA DRIVE STUDY SESSION AT OR AFTER 5:30 PM CALL TO ORDER: 5:40 PM ROLL CALL PRESENT: Paul Loomis, Mayor Paula Abbott, Council Member K.C. Carter, Council Member Helen Dankwerth, Council Member Barry Gillaspie, Council Member Al Kunisch, Council Member EXCUSED: Terry Parish, Vice Mayor STAFF PRESENT: Chuck Sweet, Town Manager David Andrews, Assistant Town Manager Melinda Garrahan, Town Attorney Brent Sinclair, Community Development Director Ainsley Reeder, Parks & Recreation Director Roxana Garrity, Deputy Town Clerk 1. DISCUSSION REGARDING STATUS REPORT - NARANJA TOWN SITE PROGRAMMING AND CONCEPT DESIGN PROJECT Parks and Recreation Director Ainsley Reeder explained that the Naranja Town Site programming and concept design project provides more specific information concerning each building and element within the existing Master Plan (floor schematics, architectural design, building elevations and detailed cost estimates). She reported that Burns Wald-Hopkins Architects and their sub- contractors have been hired to assist with this project and it is estimated that the entire programming project will take eight months. Community Development Director Brent Sinclair reviewed the history of the Naranja Town Site as follows: ➢ 1994 — POST Plan (Parks, Open Space and Trails Master Plan) — Identified a regional park at this site. ➢ 1996 — General Plan Focus 2020 — Recommended a regional park and designated Park and Open Space on the Land Use Plan Map for this site. ➢ 1996 — Town purchased 40 acres south of Copper Creek School and conveyed +- 2 acres for parking at the school. ➢ 2000 — Town purchased 173 acres of State Land through an auction (previously occupied by Calmat Industries, an asphalt batch plant). Land for park site now totals 213 acres. An environmental assessment was 08/09/06 Study Session, Town Council 2 performed which showed there were no environmental hazards or contaminants on the site. Extensive Master Plan process conducted for the Naranja Town ➢ 2001 Site. 2002 Town Council accepted the Master Plan and then requested that ➢ the Finance and Bond Committee review financial options and make recommendations to the Council. ➢ 2 005 — Naranja Town Site funding option plans presented to the Town Council. ➢ 2006 — Process of conducting extensive programming and concept design project began. David Wald-Hopkins, consultant, reviewed the preliminary project schedule and stated that theyhoped to complete the planning process by the end of the year. explained that thegoals suggested for this project included the following: He then gg ➢ Sustainable (Use the LEEDs (Leadership in Energy and EnvironmentalSusta Design) certification which is a program providing for measuring sustainability in buildings). ➢ Address needs for arts, culture, and recreation. ➢ Create focal hub — "heart of the community, serve local residents." ➢ Create an identity for Oro Valley, reflective of time and place. ➢ Family friendly and multi-generational. ➢ Safe and clean environment. ➢ Meet high standards of design and construction. ➢ Integrate art into the site and architecture (1% of construction costs). g• Respect site and surroundings (neighbors, school and natural environment). ➢ Heal damaged site. ➢ Manage access, transportation and parking needs. ➢ Optimize cost recovery. ➢ Build on Master Plan to include diverse community needs. ➢ Createg ood value with capital construction; maximize shared use opportunities. Don McGann Landscape Architect, presented the site analysis process and stated goals that in establishing for the site, natural and man-made features must be understood alongwith how this site relates to the adjacent neighbors and the community at large. Items being studied and considered are: ➢ Noise (pollution and generation). ➢ Resource Conservation (i.e. sun angles, minimize energy use, etc). ➢ Adjacent Land Uses. ➢ Bicycle and pedestrian accesses (Accommodate and encourage the Y existing trail systems within the Town). ➢ Riparian Corridors and drainage channels. ➢ Limits of disturbance & preservation of vegetation on site. 08/09/06 Study Session, Town Council 3 Mr. Wald-Hopkins briefly reviewed the preliminary space program schedule for the four main components of the site which total approximately 185,779 gross square feet (gsf). • Community Center (100,584 gsf Includes gymnasium, exercise/weight rooms, child-care facilities, locker rooms, classrooms, offices, etc. > Theater (41,920 gsf) — 500 Seats. > 1100-seat Music Pavilion (35,160 gsf) Indoor/outdoor facility. (Master Plan identified a 2,500 seat amphitheater but the feasibility study has shown that the 1100-seat Music Pavilion and the 500-seat Theater would be suitable for this region). > Support Building (8,115 gsf) — Includes restrooms, concessions, storage, etc. Mr. McGann reviewed bubble diagrams depicting proposed layouts for site utilization of the Naranja Town Site Master Plan. He explained that the goal is to create an integrated facility with all components and uses working together. Mr. Wald-Hopkins reviewed the projected project costs as follows: > Construction costs — $66,545,870 (cost is not escalated and may want to account for escalation of construction costs over the next few years). > Professional fees (12%) — $7,985,505 > Furniture, fixtures, and equipment- o Theatre - $2,020,000 o Recreation - $1,200,000 > Art (1% of Construction) - $665,458 > Permits, Testing - $400,000 > Contingency (20%) > TOTAL $94,580,199 Mr. Wald-Hopkins then reviewed pictures of several sites that he, David Burns, Mayor Loomis, Vice Mayor Parish, Parks and Recreation Director Ainsley Reeder and Recreation Coordinator Lynanne Dellerman visited in and near Denver, Colorado. Discussion followed regarding: > Population considered: o Recreational needs looked at Oro Valley population (not regional facilities). Looked at General Plan build-out which lists 60,000 residents. o Performing arts — entire Tucson region was examined. > Debt Service Requirements (reviewed by Finance Director Stacey Lemos) o Estimated cost for construction - $100,000,000 o Two Bond issues totaling the $100,000,000 (with 2 years between bond issues). (Have 3 years to spend certain percentages of the bond monies). o 25-Year Amortization (1St year secondary property tax rate would be $1.11 per $100, over time the assessed valuation increases so the rate would change to approximately 50 cents per $100). o Annual Debt Service Cost = $7.5 million. 08/09/06 Study Session, Town Council 4 o Estimated average annual cost to taxpayers = $168 (based on 15,086 owner-occupied residences with assessed value of $250,000) (Approximately 335 commercial and industrial properties would also be assessed separately). ➢ Annual Operating Costs Estimations: o $4,232,096 (O&M and staffing costs). o Operating costs were significantly recouped (by charging user fees p g and entry fees) in facilities that were visited in the Denver area. • Estimate 62% monies recouped for performing arts venues. • Estimate 75% monies recouped for community recreation. ➢ Denver area recreational facilities were very active places. o Representative of what is being proposed for the Naranja Town Site. o Represent towns of about 50,000 residents. o Many opportunities for various types of programming. ➢ Topography of Naranja Town Site. o Maximize site. o Use land that has already been disturbed as much as possible. o Preserve natural areas as much as possible. ➢ National standards used for determining ball fields, basketball courts, and tennis courts, etc. o Town is very deficient in these areas. Given constraints, still want to provide an optimum number of fields that would provide good quality of recreation but not try to be a regional provider. ➢ Performing arts and recreation compatibility o Provide a place for all ages, all generations with different types of interests. It is felt that performing arts and recreation would be compatible. o Sound issues related to performance venues, softball/soccer games, private parties, etc. This has not been an issue at the CDO Riverfront Park. o There will be some natural mitigation of noise due to the terrain. o Bubble diagrams — Help to plan and refine the planning as items such as noise, lighting, parking, and their impact on each area are considered. ➢ Performing arts and community center compatibility (Recommended in Webb Report and endorsed by Greater Oro Valley Arts Council (GOVAC). ➢ Specialists can help study and set recreational facilities fees, structure recreational activities, etc. Mayor Loomis recessed the meeting at 7:15 p.m. The meeting resumed at 7:22 p.m. 2. DISCUSSION REGARDING TOWN WIDE ROADWAY DEVELOPMENT IMPACT FEE UPDATE Town Engineer Craig Civalier explained that in March, 2006, the Town Council approved a contract with Curtis Lueck and Associates to update Oro Valley's Town Wide Roadway Impact Fees. He explained that after gathering and 08/09/06 Study Session, Town Council 5 analyzing data, the consultant is recommending that the Town's impact fee be raised from $2,920 per single family dwelling unit to $3,376. Mr. Civalier explained that the need for this update is to account for the change in travel demands, the increased cost of building new roads and widening existing roadways to serve the new development. He explained that travel demand has gone up due to more arterial roads in the Town due to annexations. Mr. Civalier then reviewed the statutory process for updating the Ordinance as follows: ➢ Provide at least 60 days advance notice of intention to assess a new or increased development fee. ➢ Release to the public a written report including all documentation that supports the assessment of a new or increased development fee. ➢ Conduct a public hearing on the proposed new or increased development fee at any time after the expiration of the sixty day notice and at least fourteen days prior to the scheduled date of adoption. (Town will also be holding a stakeholders meeting on August 22nd) ➢ The development fee shall not be effective until ninety days after its formal adoption by the Council. Mr. Civalier stated that the analysis on the proposed development impact fee used the "consumption" method which takes into account the travel patterns of the Oro Valley residents within the Town boundaries and the cost to provide additional roadway capacity for newcomers. He explained that the impact fee was calculated by multiplying the roadway capacity consumed by a typical single- /lb family residence (equivalent demand unit or EDU) by the unit cost to build that capacity (some adjustments and credits were also included in the calculation to take into account related transportation fees and taxes). Mr. Civalier stated that calculations show that the increase in travel on Town major roadways is about 45% more than the 2003 analysis showed. He also explained that roadway construction costs for the Oro Valley area are expected to be $7.1 million per mile to construct a contemporary 4-lane divided roadway versus $6.2 million per mile as represented in the current ordinance. Mr. Civalier further explained that if Council wishes to move forward on the proposed ordinance, the staff should be authorized to release a public report based on the memorandum presented and then schedule a public hearing on the proposed revisions to the Development Impact Fee Ordinance. Further discussion followed regarding: ➢ Consideration of new growth and expansion. ➢ RTA (Regional Transportation Authority) monies. ➢ Capital Improvement Plan compared to new growth. ➢ Place an inflation factor into the calculations (base it on the construction cost index with an automatic adjustment to the fee every year). ➢ Transportation Analysis Zones (TAZ) (Used to calculate populations). 08/09/06 Study Session, Town Council 6 Mayor Loomis asked that staff finalize the report and bring it forward with a draft schedule adoption.for ado tion. He also asked that an inflation factor clause be added for further review and discussion. 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N c 1/► 's ix a fy r u w e:wa'y!.",, f O 7i,y'"�E, +lrr.tfY n Y '§'k.s.2`Ya�'r�('(J'��N't r a.r S y�''�'uMo. { 1 6+ T •, 'y C,�✓4..v'fsi ,1.7!r ti f✓iX: f i`;1,1'.....,,."kL S l ,Y A . * .'r CD CD i CD PST`EY A 61. sotuioy� �O % �y 2 11000 N. La Canada Dr. is ♦z 7 Valle Arizona 85737 .. Oro y vOIICE N11; "' � � � °:, 1 11 Phone (520) 229-4900 FAX (520) 797-2616 DANIEL G. SHARP, Chief of Police www.Ovpd.org � A l� ry`S 1VDEu. ORO VALLEY POLICE DEPARTMENT "FAIRNESS, INTEGRITY, EXCELLENCE" MEMORANDUM TO: Honorable Mayor Paul Loomis & Oro Valley Council Members FROM: Chief Daniel G. Sharp REF: August 2006 Statistics DATE: September 11, 2006 Please find attached the captured statistics for the Oro Valley Police Department for August 2006 plus Citation/Warning totals for the previous month. Also included are the response times for dispatched priority 1-4 calls and a historical review of the past 3 years of statistics for the month captured. 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'1 CO cp O -L W co 0) CJ1 O -- N �i -x a C) - J -N O O _N -1. ► W CO N CO C j O 0 C.31 CO 01 0 0 Cw31 0 2 CO O CJI CO CO O CO W 0) It. cn -L N c CW - CO � Ca 00 W 0) O 00 0) 01 000 () 01 01 00 _N CO - 1 - O 00 CO 0) j 00 CO O = O O co w 01 O - Op N C3) N CJ1 CJI O 0") * cri O W O 0 0 _' O _' * -A, -N -I`, O Ca O O O -I CJI -0, OO _a * C31 CJI 00 W O N O * N O = C.1 O O 0 E TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: October 4,2006 TO: HONORABLE MAYOR AND COUNCIL FROM: Daniel G. Sharp, Chief of Police SUBJECT: Resolution No. (06)- 80 APPROVING THE HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA) PROGRAM GRANT AGREEMENT BETWEEN THE ARIZONA CRIMINAL JUSTICE COMMISSION (ACJC) and THE TOWN OF ORO VALLEY POLICE DEPARTMENT ALLOWING FOR ONE OFFICER TO BE ASSIGNED TO THE PIMA COUNTY HIDTA INVESTIGATNE TASK FORCE(PCHITF) SUMMARY: Request is being made to enter into an Agreement (HIDTA 16 - #HT16-06-1610) between the Arizona Criminal Justice Commission (ACJC) and the Oro Valley Police Department for the participation and administration of a multi-agency High Intensity Drug Trafficking Area (HIDTA)task force. When approved this agreement will provide for salary and fringe benefits in the amount of$53,079 for one (1) Town of Oro Valley Police Department officer. The officer will be assigned to the Pima County HIDTA Investigative Task Force(PCHITF). The agreement is effective from October 1,2005 and will terminate on September 30, 2006. FISCAL IMPACT: FY 06/07=$53,079.00 ATTACHMENTS: 1) Resolution No. (R)06-80 2) Three (3) Original Agreements #HT16-06-1610 (HIDTA 16 PCHITF)for signatures. RECOMMENDATIONS: Acceptance is recommended. SUGGESTED MOTION: I move that Resolution No. (R)06-80 be adopted. kttA:OU !°- Daniel G. Sharp, Chief t Psi ce DAildI 61.4444.4 David Andrews,Town Manager RESOLUTION NO. (R) 06- 80 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, APPROVING THE HIGH INTENSITY DRUG TRAFFICKING AREA PROGRAM GRANT AGREEMENT (#HT16-06-1610) BETWEEN THE ARIZONA CRIMINAL JUSTICE COMMISSION (ACJC) AND THE TOWN OF ORO VALLEY POLICE DEPARTMENT ALLOWING FOR ONE (1) OFFICER TO BE ASSIGNED TO THE PIMA COUNTY HIDTA INVESTIGATIVE TASK FORCE (PCHITF). WHEREAS, the Town of Oro Valley pursuant to Arizona Revised Statutes (A.R.S.) § 11-952 is authorized to enter into or renew agreements for joint and cooperative action with other public agencies; and WHEREAS, the Town of Oro Valley is authorized to establish and maintain the Oro Valley Police Department, pursuant to A.R.S. § 9-240 (B)(12); and WHEREAS, the Town of Oro Valley desires to enter into an agreement with the Arizona Criminal Justice Commission for the participation and administration of a multi-agency High Intensity Drug Trafficking Area task force, for a term effective October 1, 2005 through September 30, 2006; and WHEREAS, it is in the best interest of the Town to enter into the agreement, attached hereto as Exhibit"A" and incorporated herein by this reference, in order to set forth the terms and conditions to provide for the health, safety and welfare of the residents in the Town of Oro Valley; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF ORO VALLEY,ARIZONA AS FOLLOWS: 1. That the Agreement (attached hereto as Exhibit"A") between the Town of Oro Valley and the Arizona Criminal Justice Commission to participate in the High Intensity Drug Trafficking Area Program Grant (HIDTA 16 - # HT 16-06-1610) for the Pima County HIDTA Investigative Task Force (PCHITF) is hereby approved. 2. That the Mayor of the Town of Oro Valley, Chief of Police and other administrative officials are hereby authorized to take such steps as necessary to execute and implement the terms of the Agreement. PASS AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona, this 4th day of October , 2006. 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 • ARIZONA CRIMINAL JUSTICE COMMISSION DRUG TRAFFICKING AREA (HTA)HIGH INTESTIY ?: `! ` GRANT AGREEMENT 1982 ACJC Grant Number HT16-06-1610 Catalog of Federal Domestic Assistance (CFDA) Number 07.999 This Grant Agreement is made this 1sT day of October, 2005, by and between the ARIZONA CRIMINAL JUSTICE COMMISSION hereinafter called "COMMISSION" and CITY OF ORO VALLEY, through ORO VALLEY POLICE DEPARTMENT hereinafter called "GRANTEE". The COMMISSION enters into this Agreement pursuant to its authority under the provisions of A.R.S. § 41-2405 (6)(6), and having satisfied itself as to the qualification of GRANTEE; NOW,THEREFORE, it is agreed between the parties as follows: 1. This Agreement will commence on October 1, 2005 and terminate on September 30, 2006. This Agreement expires at the end of the award period unless prior written approval for an extension has been obtained from the COMMISSION. A request for an extension must be received by the COMMISSION sixty (60) days prior to the end of the award period. The COMMISSION in its sole discretion may approve an extension that further the goals and objectives of the program and shall determine the length of any extension. 2. The GRANTEE agrees that grant funds will be used for the Pima County HIDTA Investigative Task Force (PCHITF). 3. The COMMISSION will monitor the performance of the GRANTEE against goals and performance standards outlined in the grant application. Sub-standard performance as determined by the COMMISSION will constitute non-compliance with this Agreement. The GRANTEE shall operate in a manner consistent with and in compliance with the provisions and stipulations of the approved grant application and this Agreement. If the COMMISSION finds non-compliance, the GRANTEE will receive a written notice which identifies the area of non- compliance, and the appropriate corrective action to be taken. If the GRANTEE does not respond within thirty calendar days to this notice, and does not provide sufficient information concerning the steps which are being taken to correct the problem, the COMMISSION may suspend funding or permanently terminate this Agreement or revoke the grant. Any deviation or failure to comply with the purpose and/or conditions of this Agreement without prior written COMMISSION approval may constitute sufficient reason for the COMMISSION to terminate this Agreement, revoke the grant, require the return of all unspent funds, perform an audit of expended funds, and require the return of any previously spent funds which are deemed to have been spent in violation of the purpose or conditions of this grant. 4. This Agreement may be modified only by a written amendment signed by the Executive Director or by persons authorized by the Executive Director on behalf of the COMMISSION and GRANTEE. Any notice given pursuant to this Agreement shall be in writing and shall be considered to have been given when actually received by the following addressee or their agents or employees: A. If to the COMMISSION: Arizona Criminal Justice Commission 1110 W. Washington Street, Suite 230 Phoenix, Arizona 85007 Attn: Karen Ziegler High Intensity Drug Trafficking Area Grant Number HT16-06-1610 Page 2 B. If to the GRANTEE: ORO VALLEY POLICE DEPARTMENT 11000 North La Canada Drive Oro Valley, AZ 85737 Attn: Chief Daniel G. Sharp 5. The GRANTEE may make budget adjustments of up to ten percent of the total budget of the grantee after written notification with signature approval from Arizona HIDTA Director is provided to the COMMISSION. Adjustments or reprogramming in excess of ten percent of the grantee's budget in an initiative or any reprogramming between initiative and/or agencies; in any amount, require the approval of the Board, the Southwest Border HIDTA Director, and the Office of National Drug Control Policy. APPROVED LINE ITEM PROGRAM BUDGET Salaries $40,830 Fringe Benefits $12,249 Overtime Not Approved Services Not Approved Travel Not Approved Facilities Not Approved Equipment Not Approved Supplies Not Approved Other Not Approved TOTAL $53,079 6. It is agreed and understood that the total to be paid by the COMMISSION under this Agreement shall not exceed $53,079 in Federal funds awarded to the COMMISSION by the Office of National Drug Control Policy. It is agreed and understood that funds will be used to support and enhance activities intended to deter, investigate, and/or prosecute drug offenders in conjunction with the HIDTA Initiative. 7. The GRANTEE understands that financial reports are required for reimbursement of expenditures. 8. Every payment obligation of the COMMISSION under this Agreement is conditioned upon the availability of funds appropriated or allocated for the payment of such obligation. If funds are not allocated and available for the continuance of this Agreement, this Agreement may be terminated by the COMMISSION. No liability shall accrue to the COMMISSION in the event this provision is exercised, and the COMMISSION shall not be obligated or liable for any future payments or for any damages as a result of termination under this paragraph. 9. The GRANTEE understands that prior to the expenditure of confidential funds, an authorized official of the GRANTEE shall sign a certification indicating that he or she has read, understands, and agrees to abide by all of the conditions pertaining to confidential fund expenditures as set forth in ONDCP Financial and Administrative Guide for Cooperative Agreements Guidelines and Exhibit B. 10.The GRANTEE certifies that it will comply with OMB Circular A-102 Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments as codified in 28 CFR Part 66 and OMB Circular A-87 Cost Principles for State, Local and Indian Tribal Governments, 44111 Link: OMB Circulars http://www.whitehouse.gov/omb/circulars/index.html High Intensity Drug Trafficking Area Grant Number HT16-06-1610 Page 3 11.The GRANTEE agrees to account for interest earned on Federal grant funds and shall remit interest earned in excess of the allowable amount as indicated in the ONDCP Financial and Administrative Guide for Cooperative Agreements and all unexpended grant funds to the COMMISSION within 30 days after receipt of a written request from the COMMISSION. The GRANTEE agrees to expend all encumbered funds within 90 days of expiration of this award. 12.The GRANTEE agrees to retain all books, account reports, files and other records, (paper and/or electronic) relating to this Agreement and the performance of this Agreement for no less than five (5) years from the last financial report submitted to the Commission. All such documents shall be subject to inspection and audit at reasonable times. 13. For the purpose of this grant, a capital expenditure is $5,000 or above. If the GRANTEE'S policy defines a capital expenditure as less than $5,000, the GRANTEE will use its own policy. 14.The GRANTEE agrees to follow equipment disposition policies outlined in OMB Circular A-102 Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments as codified in 28 CFR, Part 66.32 (e) (1-3) when the equipment is no longer needed for the grant program. When no longer needed for the original program, the equipment may be used in other activities supported by the Office of National Drug Control Policy. Link: OMB Circulars http://www.whitehouse.gov/omb/circulars/index.html 15.The GRANTEE agrees to maintain property records for equipment purchased with grant funds and perform a physical inventory and reconciliation with property records at least every two years or more frequently based on GRANTEE policy. 16.The' GRANTEE agrees to keep time and attendance sheets signed by the employee and supervisory official having first hand knowledge of the work performed by the grant funded employees. 17. The GRANTEE will comply with the audit requirements of OMB CircularA-133 Audits of States, Local Governments and Non-Profit Organizations and provide the COMMISSION with the audit report and any findings within 90 days of receipt of such finding. If the report contains no findings, the GRANTEE must provide notification that the audit was completed. Link: OMB Circular A-133 http://www.whitehouse.gov/omb/circulars/index.html 18. The GRANTEE agrees that it will submit financial reports and supporting documentation to the COMMISSION on forms/format provided by the COMMISSION, documenting the activities supported by these grant funds. In the event reports are not received on or before the indicated date(s), funding will be suspended until such time as delinquent report(s) are received. These reports are submitted according to the following schedule: Report Period: Due Date: Report Period: Due Date: October 1 - 31, 2005 November 20, 2005 April 1 - 30, 2006 May 20, 2006 November 1 - 30, 2005 December 20, 2005 May 1 - 31, 2006 June 20, 2006 December 1 - 31, 2005 January 20, 2006 June 1 - 30, 2006 July 20, 2006 January 1 - 31, 2006 February 20, 2006 July 1 —31, 2006 August 20, 2006 February 1 - 29, 2006 March 20, 2006 August 1 - 31, 2006 September 20, 2006 March 1 - 31, 2006 April 20, 2006 September 1 - 30, 2006 October 20, 2006 More frequent reports may be required for GRANTEES who are considered high risk. High Intensity Drug Trafficking Area Grant Number HT16-06-1610 Page 4 19. All goods and services must be received by the GRANTEE within 60 days of the expiration of this award. 20. The GRANTEE agrees to obtain ONDCP approval through the Arizona HIDTA Director for all sole-source procurements in excess of $100,000, and provide written notification to the COMMISSION. 21.The GRANTEE agrees to obtain ONDCP approval through the Arizona HIDTA Director prior to the expenditure of grant funds for consultant fees in excess of $450 per day, and provide written notification to the COMMISSION. 22.The GRANTEE agrees to check the U.S. General Service Administration (GSA) Excluded Parties Listing Service as required by Executive Order 12549, as defined in 28 CFR Part 67.510 for individuals, agencies, companies and corporations debarred or suspended from doing business with recipients receiving Federal funds. The GRANTEE agrees not to do business with any individual, agency, company or corporation listed in the Excluded Parties Listing Service. Link: Excluded Parties Listing System http://epls.arnet.gov 23. No funds shall be used to supplant Federal, State, county or local funds that would otherwise be made available for such purposes. 24.The GRANTEE assigns to the COMMISSION any claim for overcharges resulting from antitrust violations to the extent that such violations concern materials or services applied by third parties to the GRANTEE in exchange for grant funds provided under this Agreement. 25.The parties agree to use arbitration in the event of disputes in accordance with the provisions of A.R.S. § 12-1501 et seq. 26. The laws of the State of Arizona apply to questions arising under this Agreement and any litigation regarding this Agreement must be maintained in Arizona courts, except as provided in paragraph 27 of this Agreement pertaining to disputes which are subject to arbitration. 27.The GRANTEE understands that grant funds will not be released until all required reports and reversion of funds from the prior year grant are submitted to the COMMISSION. 28. 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 Indeminitor, its officers, officials, agents, employees, or volunteers. If the GRANTEE is a State agency this paragraph does not apply. High Intensity Drug Trafficking Area Grant Number HT16-06-1610 Page 5 29. Unless GRANTEE is a State agency, GRANTEE shall cause its contractor(s) and subcontractors, if any to indemnify defend, save and hold harmless the State of Arizona, any jurisdictions or agency issuing any permits for any work arising out of this Agreement, and their respective directors, officers, officials, agents, and employees (hereinafter referred to as"indemnitee") from and against any and all claims, actions, liabilities, damages, losses or expenses (including court costs, attorneys' fees, and costs of claim processing, investigation and litigation) (hereinafter referred to as "Claims" ) for bodily injury or personal injury (including death), or loss or damage to tangible or intangible property caused, or alleged to be caused, in whole or in part, by the negligent or willful acts or omissions of GRANTEE'S contractor or any of the directors, officers, agents, or employees or subcontractors of such contractor. This indemnity includes any claim or amount arising out of or recovered under the Worker's Compensation Law or arising out of the failure of such contractor to conform to any federal, state, or local law, statute, ordinance, rule, regulation or court decree. It is the specific intention of the parties that the Indemnitee shall, in all instances, except for Claims arising solely from the negligence or willful acts or omissions of the Imdemnitee, be indemnified by such contractor from and against any and all claims. It is agreed that such contractor will be responsible for primary loss investigation, defense and judgment costs where this indemnification is applicable. Insurance requirements for any contractor used by GRANTEE are incorporated herein by this reference and attached to this Agreement as Exhibit"A". 30. If the GRANTEE is a governmental political subdivision, the GRANTEE agrees to utilize the Data Dictionary, approved and distributed by the COMMISSION, as the data entry standard for information systems when improving or updating an existing Information System. The GRANTEE agrees to utilize the Data Dictionaryas the data entry standard in any new system or when an existing Information System is replaced. Data Dictionary:Call for copy, we will email 31. If the GRANTEE is a governmental political subdivision, the GRANTEE should, to the extent possible and practical share criminal justice information with other authorized criminal justice agencies. The process control number (PCN) shall be used in accordance with A.R.S. § 41- 1750 when sharing data with other criminal justice agencies as electronic data systems are developed or improved. 32. The GRANTEE agrees to comply with the non-discrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended; 42 USC 3789(d); Title VI of the Civil Rights Act of 1964, as amended; Section 504, Rehabilitation Act of 1973, as amended; Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972 and the Department of Justice regulations 28 CFR Part 54; The Age Discrimination Act of 1975; Department of Justice Non-Discrimination Regulations, 28 CFR Part 42, Subparts C, D, E, G and I; Department of Justice regulations on disability discrimination 28 CFR Part 35; all applicable state laws of A.R.S. § 41-1463; and Executive Orders 1999-4 and 2000-4. These laws prohibit discrimination on the basis of race, color, religion, sex and national origin including Limited English Proficiency (LEP) in the delivery of service. In the event that a Federal or State court or Federal or State administrative agency makes a finding of discrimination after a due process hearing against the GRANTEE, the GRANTEE will forward a copy of the findings to the Office for Civil Rights, Office of Justice Programs and the COMMISSION. High Intensity Drug Trafficking Area Grant Number HT16-06-1610 Page 6 33. The GRANTEE agrees to formulate and keep on file an Equal Employment Opportunity Plan (EEOP) (if grantee is required pursuant to 28 CFR 42.302). The GRANTEE certifies that they have forwarded to the Office for Civil Rights, Office of Justice Programs the EEOP, or certifications that they have prepared and have on file an EEOP, or that they are exempt from EEOP requirements. Failure to comply may result in suspension of the receipt of grant funds. Copies of all submissions such as certifications to or correspondence with the Office for Civil Rights, Office of Justice Programs regarding this requirement must be provided to the COMMISSION by the GRANTEE. 34.The GRANTEE certifies to comply with the Drug-Free Workplace Act of 1988, and implemented in 28 CFR Part 67, Subpart F, for grantees, as defined in 28 CFR, Part 67 Sections 67.615 and 67.620. 35. The GRANTEE agrees to complete and keep on file, as appropriate, Immigration and Naturalization Form (I-9). This form is to be used by recipients to verify that persons are eligible to work in the United States. 36.The GRANTEE agrees to notify the Arizona HIDTA Director and provide written notification to the COMMISSION within ten (10) days in the event that the project official is replaced during the award period. 37. No rights or interest in this Agreement shall be assigned by GRANTEE without prior written approval of the COMMISSION. 38.The GRANTEE agrees that no funds provided, or personnel employed under this Agreement shall be in any way or to any extent engaged in conduct of political activities in violation of U.S.C. Title 5, Part II, Chapter 15, Section 1502. 39.The GRANTEE certifies that it presently has no financial interest and shall not acquire any financial interest, direct or indirect, which would conflict in any manner or degree with the performance of service required under this Agreement. 40.The Grantee certifies that no federal funds will be paid, by or on behalf of, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into any cooperative agreement, and for the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan or cooperative agreement. If any funds other than Federal funds are paid or will be paid to any person for influencing or attempting to influence an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal award, grant loan, or cooperative agreement, the GRANTEE will complete and submit to the COMMISSION Standard Form-LLL,"Disclosure Form to Report Lobbying"in accordance with its instructions. 41.This Agreement is subject to cancellation pursuant to the provision of A.R.S. § 38-511. 42.This Agreement may be cancelled at the COMMISSION'S discretion if not returned with authorized signatures to the COMMISSION within 90 days of commencement of the award. 43. If any provision of this Agreement is held invalid the remainder of the Agreement shall not be affected thereby and all other parts of this Agreement shall be in full force and effect. High Intensity Drug Trafficking Area Grant Number HT16-06-1610 Page 7 IN WITNESS WHEREOF, the parties have made and executed the Agreement the day and year first above written. FOR GRANTEE: Mayor Or City Manager Date Note: If applicable, the Agreement must be approved by the appropriate county supervisory board or municipal council and appropriate local counsel (i.e. county or city attorney). Furthermore, if applicable, resolutions and meeting minutes must be forwarded to the Commission with the signed Agreement. Approved as to form and authority to enter into Agreement: Legal counsel for GRANTEE Date Statutory or other legal authority to enter into Agreement: Ate.s. -;;w0 (6)(1,-4) Appropriate A.R.S., ordinance, or charter reference FOR CRIMINAL JUSTICE COMMISSION: John A. Blackburn Jr., Executive Director Date Arizona Criminal Justice Commission Vit.iL c1 'W V6 ARIZONA CRIMINAL JUSTICE COMMISSION Z -�� GRANT AGREEMENT -4,..,"t '-41--4,-;17, *1-...'*- -:.,k-.. .": , 2 Insurance Requirements Exhibit"A" Insurance Requirements for Governmental Parties to a Grant Agreement: None. Insurance Requirements for Any Contractors Used by a Party to the Grant Agreement: (Note: this applies only to Contractors used by a governmental entity, not to the governmental entity itself)The insurance requirements herein are minimum requirements and in no way limit the indemnity covenants contained in the Intergovernmental Agreement. The State of Arizona in no way warrants that the minimum limits contained herein are sufficient to protect the governmental entity or Contractor from liabilities that might arise out of the performance of the work under this Contract by the Contractor, his agents, representatives, employees or subcontractors, and Contractor and the governmental entity are free to purchase additional insurance. A. MINIMUM SCOPE AND LIMITS OF INSURANCE: Contractor shall provide coverage with limits of liability not less than those stated below. 1. Commercial General Liability-Occurrence Form Policy shall include bodily injury, property damage, personal injury and broad form contractual liability. • General Aggregate $2,000,000 • 4 Products-Completed Operations Aggregate $1,000,000 • Personal and Advertising Injury $1,000,000 • Blanket Contractual Liability-Written and Oral $1,000,000 • Fire Legal Liability $50,000 • Each Occurrence $1,000,000 a. The policy shall be endorsed to include the following additional insured language: "The State of Arizona, its departments, agencies, boards, commissions, universities and its officers, officials, agents, and employees shall be named as additional insureds with respect to liability arising out of the activities performed by or on behalf of the Contractor'; (Note that the other governmental entity(les) is/are also required to be additional insured(s)and they should supply the Contractor with their own list of persons to be insured.) b. Policy shall contain a waiver of subrogation against the State of Arizona, its departments, agencies, boards, commissions, universities and its officers, officials, agents, and employees for losses arising from work performed by or on behalf of the Contractor. Exhibit"A" Page 2 2. Automobile Liability Bodily Injury and Property Damage for any owned, hired, and/or non-owned vehicles used in the performance of this Contract. Combined Single Limit(CSL) $1,000,000 a. The policy shall be endorsed to include the following additional insured language: "The State of Arizona, its departments, agencies, boards, commissions, universities and its officers, officials, agents, and employees shall be named as additional insureds with respect to liability arising out of the activities performed by or on behalf of the Contractor, involving automobiles owned, leased, hired or borrowed by the Contractor'; (Note that the other governmental entity(ies) is/are also required to be additional insured(s)and they should supply the Contractor with their own list of persons to be insured) 3. Worker's Compensation and Employers' Liability Workers' Compensation Statutory Employers' Liability Each Accident $500,000 Disease— Each Employee $500,000 Disease— Policy Limit $1,000,000 a. Policy shall contain a waiver of subrogation against the State of Arizona, its departments, agencies, boards, commissions, universities and its officers, 'officials, agents, and employees for losses arising from work performed by or on behalf of the Contractor. b. This requirement shall not apply to: Separately, EACH contractor or subcontractor exempt under A.R.S. 23-901, AND when such contractor or subcontractor executes the appropriate waiver (Sole Proprietor/Independent Contractor) form. B. ADDITIONAL INSURANCE REQUIREMENTS: The policies are to contain, or be endorsed to contain, the following provisions: 1. The State of Arizona, its departments, agencies, boards, commissions, universities and its officers, officials, agents, and employees and the other governmental entity shall be additional insureds to the full limits of liability purchased by the Contractor even if those limits of liability are in excess of those required by the Contract. 2. The Contractor's insurance coverage shall be primary insurance with respect to all other available sources. 3. The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. Coverage provided by the Contractor shall not be limited to the liability assumed under the indemnification provisions of its Contract with the other governmental entity(ies) party to the Grant Agreement. Exhibit"A"Page 3 C. NOTICE OF CANCELLATION: Each insurance policy required by the insurance provisions of this Contract shall not be suspended, voided, cancelled, reduced in coverage or in limits except after thirty (30) days prior written notice has been given the State of Arizona. Such notice shall be sent directly to the GRANTEE and shall be sent by certified mail, return receipt requested. D. ACCEPTABILITY OF INSURERS: Insurance is to be placed with duly licensed or approved non- admitted insurers in the State of Arizona with an "A.M. Best"rating of not less than A- VII. The State of Arizona in no way warrants that the above-required minimum insurer rating is sufficient to protect the Contractor from potential insurer insolvency. E. VERIFICATION OF COVERAGE: Contractor shall furnish the GRANTEE with certificates of insurance (ACORD form or equivalent approved by the State of Arizona) as required by this Contract. The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements are to be received and approved before work commences. Each insurance policy required by this Contract must be in effect at or prior to commencement of work under this Contract and remain in effect for the duration of the project. Failure to maintain the insurance policies as required by this Contract, or to provide evidence of renewal, is a material breach of contract. All certificates required by this Contract shall be sent directly to the GRANTEE The State of Arizona project/contract number and project description are to be noted on the certificate of insurance. The State of Arizona and the Arizona Criminal Justice Commission reserves the right to require complete, certified copies of all insurance policies required by this Contract at any time. DO NOT SEND CERTIFICATES OF INSURANCE TO THE STATE OF ARIZONA'S RISK MANAGEMENT SECTION. go) F. SUBCONTRACTORS: Contractor's certificate(s) shall include all subcontractors as insureds under its policies or Contractor shall furnish to the county or local government agency responsible separate certificates for each subcontractor. All coverages for subcontractors shall be subject to the minimum requirements identified above. G. APPROVAL: Any modification or variation from the insurance requirements must have prior approval from the State of Arizona Department of Administration, Risk Management Section, whose decision shall be final. Such action will not require a formal contract amendment, but may be made by administrative action. H. EXCEPTIONS: In the event the Contractor or sub-contractor(s) is/are a public entity, then the Insurance Requirements shall not apply. Such public entity shall provide a Certificate of Self- Insurance. If the contractor or sub-contractor(s) is/are a State of Arizona agency, board, commission, or university then none of the above shall apply. r:• ARIZONA CRIMINAL JUSTICE COMMISSION ir :k=��F -.Ace___ 1 HIGH INTESTIY DRUG TRAFFICKING AREA (HTA) �``' GRANT AGREEMENT Confidential Funds Certification Exhibit"B" CONFIDENTIAL FUNDS CERTIFICATION This is to certify that I have read, understand, and agree to abide by all of the conditions for confidential funds as set forth in the effective edition of the Office of National Drug Control Policy Financial and Administrative Guide. Grant Number: HT16-06-1610 Date: Signature: Authorized Official PROCEDURES Each project agency authorized to disburse confidential funds must develop and follow internal procedures which incorporate the following elements: Deviations from these elements must receive prior approval of the ONDCP. 1. Imprest Fund. The funds authorized will be established in an imprest fund which is controlled by a bonded cashier. 2. Advance of Funds: The supervisor of the unit to which the imprest funds is assigned must authorize all advances of funds for the P/I. Such authorization must specify the information be received, the amount of expenditures, and assume name of informant. 3. Informant Files: Informant files are confidential files of the true names, assumed names, and signature of all informants to whom payments of confidential expenditures have been made. To the extent possible, pictures and/or fingerprints of the informant payee should also be maintained. Refer to Informant Files "Documentation" (2) for a list of required documents for the informant files. 4. Cash Receipts. a. The cashier shall receive from the agent or officer authorized to make a confidential payment, receipt for cash advanced to him/her for such purposes. b. The agent or officer shall receive from the informant payee a receipt for cash paid to him/her. Exhibit"B"Page 2 5. Receipt for Purchase of Information. An Informant Payee Receipt shall identify the exact amount paid to and received by the informant payee on the date executed. Cumulative or anticipatory receipts are not permitted. Once the receipt has been completed no alteration is allowed. The agent shall prepare an Informant Payee Receipt containing the following information: a. The jurisdiction initiating the payment. b. A description of the information/evidence received. c. The amount of payment, both in numeral and word form. d. The date on which the payment was made. e. The signature of the informant payee. f. The signature of the case agent or officer making payment. g. The signature of at least one other officer witnessing the payment. h. The signature of the first-line supervisor authorizing and certifying the payment. 6. Review and Certification. The signed Informant Payee Receipt with a memorandum detailing the information received shall be forwarded to the agent or officer in charge. The agent or officer in charge shall compare the signatures. He/she shall also evaluate the information received in relation to the expense incurred, and add his/her evaluation remarks to the report of the agent or officer who made the expenditure from the imprest funds. The certification will be witnessed by the agent or officer in charge on the basis of the report and Informant Payee's Receipt. 7. Reporting of Funds. Each project shall prepare a reconciliation report on the imprest funds on a quarterly basis. Information to be included in the reconciliation report will be the assumed name of the informant payee, the amount received, the nature of the information given, and to what extent this information contributed to the investigation. Recipients/subrecipients shall retain the reconciliation report in their files and shall be available for review unless the State agency requests that the report be submitted to them on a quarterly basis. 8. Record and Audit Provisions. Each project and member agency must maintain specific records of each confidential fund transaction. At a minimum, these records must consist of all documentation concerning the request for funds, processing (to include the review and approve/disapprove), modifications, closure or impact material, and receipts and/or other documentation necessary to justify and track all expenditures. Refer to Informant Files Documentation (2) for a list of documents which should be in an informant's file. In projects where funds are used for confidential expenditures, it will be understood that all of the above records, except the true name of the informant, are subject to the record and audit provision of grantor agency legislation. • Exhibit"B" Page 3 INFORMANT FILES 1. Security. A separate file should be established for each informant for accounting purposes. Informant files should be kept in a separate and secure storage facility, segregated from any other files, and under the exclusive control of the supervisor or an employee designated by him/her. The facility should be locked at all times when unattended. Access to these files should be limited to those employees who have a necessary legitimate need. An informant file should not leave the immediate area except for review by a management official or the handling agent, and should be returned prior to the close of business hours. Sign-out logs should be kept indicating the date, informant number, time in and out, and the signature of the person reviewing the file. 2. Documentation. Each file should include the following information: a. Informant Payment Record - kept on top of the file. This record provides a summary of informant payments. b. Informant Establishment Record - including complete identifying and location data, plus any other documents connected with the informant's establishment. c. Current photograph and fingerprint card (or FBI/State Criminal Identification Number). d. Agreement with cooperating individual. e. Receipt for P/I. f. Copies of all debriefing reports (except for the Headquarters case file). g. Copies of case initiation reports bearing on the utilization of the informant (except for the Headquarters case file). h. Copies of statements signed by the informant (unsigned copies will be placed in appropriate investigative files). i. Any administrative correspondence pertaining to the informant, including documentation of any representations made on his behalf or any other nonmonetary considerations furnished. j. Any deactivation report or declaration of any unsatisfactory informant. INFORMANT MANAGEMENT AND UTILIZATION All persons who will be utilized as informants should be established as such. The specific procedures required in establishing a person as an informant may vary from jurisdiction to jurisdiction but, at a minimum, should include the following: 1. Assignment of an informant code name to protect the informant's identity. Exhibit"B" Page 4 2. An informant code book controlled by the supervisor or his/her designee containing: a. Informant's code number. b. Type of information (i.e. informant, defendant/informant, restricted use/informant). c. Informant's true name. d. Name of establishing law enforcement officer. e. Date the establishment is approved. f. Date of deactivation. 3. Establish each informant file in accordance with Informant File Documentation (2). 4. For each informant in an active status, the agent should review the informant file on a quarterly basis to assure it contains all relevant and current information. Where a MATERIAL face that was earlier reported on the Establishment Record is no longer correct (e.g. a change in criminal status, means of locating him/her, etc.), a supplemental establishing report should be submitted with the correct entry. 5. All informants being established should be checked in all available criminal indices. If verified FBI number is available, request a copy of the criminal records from the FBI. Where a verified FBI number is not available, the informant should be fingerprinted with a copy sent to the FBI and appropriate State authorities for analysis. The informant may be utilized on a provisional basis while awaiting a response from the FBI. PAYMENTS TO INFORMANTS 1. Any person who is to receive payments charged against PE/PI funds should be established as an informant. This includes a person who may otherwise be categorized as sources of information or informants under the control of another agency. The amount of payment should be commensurate with the value of services and/or information provided and should be based on the following factors: a. The level of the targeted individual, organization or operation. b. The amount of the actual or potential seizure. c. The significance of the contribution made by the informant to the desired objectives. 2. There are various circumstances in which payments to informants may be made. a. Payments for Information and/or Active Participation. When an informant assists in developing an investigation, either through supplying information or actively participating in it, he/she may be paid for his/her service either in a lump sum or in staggered payments. Payments for information leading to a seizure, with no defendants, should be held to a minimum. Exhibit"B"Page 5 b. Payment for Informant Protection. When an informant needs protection, law enforcement agencies may absorb the expenses of relocation. These expenses may include travel for the informant and his/her immediate family, movement and/or storage of household goods, and living expense at the new location for a specific period of time (not to exceed 6 months). Payments should not exceed the amounts authorized by law enforcement employees for these activities. c. Payments to Informants of Another Agency. To use or pay another agency's informant, he/she should be established as an informant. These payments should not be a duplication of a payment from another agency; however, sharing a payment is acceptable. 3. Documentation of payments to informants is critical and should be accomplished on a Informant Payee Receipt. Payment should be made and witnessed by two law enforcement officers and authorized payment amounts should be established and reviewed by at least the first line supervisory level. In unusual circumstances, a non- officer employee or an officer of another law enforcement agency may serve as witness. In all instances, the original signed receipt must be submitted to the project director for review and record keeping. ACCOUNTING AND CONTROL PROCEDURES Special accounting and control procedures should govern the use and handling of confidential expenditures, as described below: 1. It is important that expenditures which conceptually should be charged to PE/PI/PS are so charged. It is only in this manner that these funds may be properly managed at all levels, and accurate forecasts of projected needs be made. 2. Each law enforcement entity should apportion its PE/PI/PS allowance throughout its jurisdiction and delegate authority to approve PE/PI/PS expenditures to those offices, as it deems appropriate. 3. Headquarters management should establish guidelines authorizing offices to spend up to a predetermined limit of their total allowance on any buy or investigation. 4. In exercising his/her authority to approve these expenditures, the supervisor should consider: a. The significance of the investigation. b. The need for this expenditure to further the investigation. c. Anticipated expenditures in other investigations. Exhibit"B"Page 6 Funds for PE/PI/PS expenditures should be advanced to the officer for a specific purpose. If they are not expended for that purpose, they should be returned to the cashier. They should not be used for another purpose without first returning them and repeating the authorization and advance process based on the new purpose. 5. Funds for PE/PI/PS expenditure should be advanced to the officer on suitable receipt form. Informant Payee Receipt or a voucher for P/E should be completed to document funds used in the purchase of evidence or funds paid or advanced to an informant. 6. For security purposes there should be a 48-hour limit on the amount of time funds advanced for PE/PI/PS expenditure may be held outstanding. If it becomes apparent at any point within the 48-hour period that the expenditure will not materialize, the funds should be returned to the cashier as soon as possible. An extension of the 48- hour limit may be granted by the level of management that approved the advance. Factors to consider in granting such an extension are: a. The amount of funds involved. b. The degree of security under which the funds are being held. c. How long an extension is required. d. The significance of the expenditure. Such extensions should be limited to 48 hours. Beyond this, the funds should be returned and readvanced, if necessary. Regardless of circumstances, within 48 hours of the advance, the cashier should be presented with either the unexpended funds, an executed Informant Payee Receipt or purchase of evidence or written notification by management that an extension has been granted. 7. P/S expenditures, when not endangering the safety of the officer or informant, need to be supported by canceled tickets, receipts, lease agreements, etc. If not available, the supervisor, or his immediate subordinate, must certify that the expenditures were necessary and justify why supporting documents were not obtained. • TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: October 4,2006 TO: HONORABLE MAYOR AND COUNCIL FROM: Daniel G. Sharp, Chief of Police SUBJECT: Resolution No. (06)- 81 APPROVING THE HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA) PROGRAM GRANT AGREEMENT BETWEEN THE ARIZONA CRIMINAL JUSTICE COMMISSION (ACJC) and THE TOWN OF ORO VALLEY POLICE DEPARTMENT ALLOWING FOR TWO OFFICERS TO BE ASSIGNED TO THE PIMA COUNTY / TUCSON METROPOLITAN COUNTER NARCOTICS ALLIANCE (C.N.A.) SUMMARY: Request is being made to enter into an Agreement(H.I.D.T.A. 16 - #HT16-06-1712) between the Arizona Criminal Justice Commission (ACJC) and the Oro Valley Police Department for the participation and administration of a multi-agency High Intensity Drug Trafficking Area (HIDTA)task force. When approved this agreement will provide for salary and fringe benefits in the amount of$110,794 for two (2) Town of Oro Valley Police Department officers. The two officers will be assigned to C.N.A.- Counter Narcotics Alliance. The agreement is effective from October 1,2005 and will terminate on September 30, 2006. FISCAL IMPACT: FY 06/07=$110,794.00 ATTACHMENTS: 1) Resolution No. (R) 06- 81 2) Three (3) Original Agreements #HT16-06-1712 (HIDTA X16 — C.N.A.) for signatures. RECOMMENDATIONS: Acceptance is recommended. SUGGESTED MOTION: I move that Resolution No. (R) 06-81 be adopted. • 4 Daniel G. Sharp, Chie'of ''olice David An.rews,Town Manager RESOLUTION NO. (R) 06-81 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, APPROVING THE HIGH INTENSITY DRUG TRAFFICKING AREA PROGRAM GRANT AGREEMENT (#HT16-06-1712) BETWEEN THE ARIZONA CRIMINAL JUSTICE COMMISSION (ACJC) AND THE TOWN OF ORO VALLEY POLICE DEPARTMENT ALLOWING FOR TWO (2) OFFICERS TO BE ASSIGNED TO THE PIMA COUNTY/ TUCSON METROPOLITAN COUNTER NARCOTICS ALLIANCE (C.N.A.). WHEREAS, the Town of Oro Valley pursuant to Arizona Revised Statutes (A.R.S.) § 11-952 is authorized to enter into or renew agreements for joint and cooperative action with other public agencies; and WHEREAS, the Town of Oro Valley is authorized to establish and maintain the Oro Valley Police Department, pursuant to A.R.S. § 9-240 (B)(12); and WHEREAS, the Town of Oro Valley desires to enter into an agreement with the Arizona Criminal Justice Commission for the participation and administration of a multi-agency High Intensity Drug Trafficking Area task force, for a term effective October 1, 2005 through September 30, 2006; and WHEREAS, it is in the best interest of the Town to enter into the agreement, attached hereto as Exhibit"A" and incorporated herein by this reference, in order to set forth the terms and conditions to provide for the health, safety and welfare of the residents in the Town of Oro Valley; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA AS FOLLOWS: 1. That the Agreement(attached hereto as Exhibit "A") between the Town of Oro Valley and the Arizona Criminal Justice Commission to participate in the High Intensity Drug Trafficking Area Program Grant (HIDTA 16 - # HT 16-06-1712) for the Pima County/ Tucson Metropolitan Counter Narcotics Alliance (C.N.A.) is hereby approved. 2. That the Mayor of the Town of Oro Valley, Chief of Police and other administrative officials are hereby authorized to take such steps as necessary to execute and implement the terms of the Agreement. PASS AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona, this 4th day of October , 2006. 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 ARIZONA CRIMINAL JUSTICE COMMISSION �% r G.moi 7 i�!;_ .� == HIGH INTESTIY DRUG TRAFFICKING AREA (HTA) -tgArAti GRANT AGREEMENT /981 AOC Grant Number HT16-06-1712 Catalog of Federal Domestic Assistance (CFDA) Number 07.999 This Grant Agreement is made this 1sT day of October, 2005, by and between the ARIZONA CRIMINAL JUSTICE COMMISSION hereinafter called "COMMISSION" and CITY OF ORO VALLEY, through ORO VALLEY POLICE DEPARTMENT hereinafter called "GRANTEE". The COMMISSION enters into this Agreement pursuant to its authority under the provisions of A.R.S. § 41-2405 (B)(6), and having satisfied itself as to the qualification of GRANTEE; NOW,THEREFORE, it is agreed between the parties as follows: 1. This Agreement will commence on October 1, 2005 and terminate on September 30, 2006. This Agreement expires at the end of the award period unless prior written approval for an extension has been obtained from the COMMISSION. A request for an extension must be received by the COMMISSION sixty (60) days prior to the end of the award period. The COMMISSION in its sole discretion may approve an extension that further the goals and objectives of the program and shall determine the length of any extension. 2. The GRANTEE agrees that grant funds will be used for the Pima County/Tucson Metro County Narcotics Alliance (CNA). 3. The COMMISSION will monitor the performance of the GRANTEE against goals and performance standards outlined in the grant application. Sub-standard performance as determined by the COMMISSION will constitute non-compliance with this Agreement. The GRANTEE shall operate in a manner consistent with and in compliance with the provisions and stipulations of the approved grant application and this Agreement. If the COMMISSION finds non-compliance, the GRANTEE will receive a written notice which identifies the area of non- compliance, and the appropriate corrective action to be taken. If the GRANTEE does not respond within thirty calendar days to this notice, and does not provide sufficient information concerning the steps which are being taken to correct the problem, the COMMISSION may suspend funding or permanently terminate this Agreement or revoke the grant. Any deviation or failure to comply with the purpose and/or conditions of this Agreement without prior written COMMISSION approval may constitute sufficient reason for the COMMISSION to terminate this Agreement, revoke the grant, require the return of all unspent funds, perform an audit of expended funds, and require the return of any previously spent funds which are deemed to have been spent in violation of the purpose or conditions of this grant. 4. This Agreement may be modified only by a written amendment signed by the Executive Director or by persons authorized by the Executive Director on behalf of the COMMISSION and GRANTEE. Any notice given pursuant to this Agreement shall be in writing and shall be considered to have been given when actually received by the following addressee or their agents or employees: A. If to the COMMISSION: Arizona Criminal Justice Commission 1110 W. Washington Street, Suite 230 Phoenix, Arizona 85007 Attn: Karen Ziegler High Intensity Drug Trafficking Area Grant Number HT16-06-1712 Page 2 B. If to the GRANTEE: ORO VALLEY POLICE DEPARTMENT 11000 North La Canada Drive Oro Valley, AZ 85737 Attn: Chief Daniel G. Sharp 5. The GRANTEE may make budget adjustments of up to ten percent of the total budget of the grantee after written notification with signature approval from Arizona HIDTA Director is provided to the COMMISSION. Adjustments or reprogramming in excess of ten percent of the grantee's budget in an initiative or any reprogramming between initiative and/or agencies; in any amount, require the approval of the Board, the Southwest Border HIDTA Director, and the Office of National Drug Control Policy. APPROVED LINE ITEM PROGRAM BUDGET Salaries $89,350 Fringe Benefits $21,444 Overtime Not Approved Services Not Approved Travel Not Approved Facilities Not Approved Equipment Not Approved Supplies Not Approved Other Not Approved TOTAL $110,794 6. It is agreed and understood that the total to be paid by the COMMISSION under this Agreement shall not exceed $110,794 in Federal funds awarded to the COMMISSION by the Office of National Drug Control Policy. It is agreed and understood that funds will be used to support and enhance activities intended to deter, investigate, and/or prosecute drug offenders in conjunction with the HIDTA Initiative. 7. The GRANTEE understands that financial reports are required for reimbursement of expenditures. 8. Every payment obligation of the COMMISSION under this Agreement is conditioned upon the availability of funds appropriated or allocated for the payment of such obligation. If funds are not allocated and available for the continuance of this Agreement, this Agreement may be terminated by the COMMISSION. No liability shall accrue to the COMMISSION in the event this provision is exercised, and the COMMISSION shall not be obligated or liable for any future payments or for any damages as a result of termination under this paragraph. 9. The GRANTEE understands that prior to the expenditure of confidential funds, an authorized official of the GRANTEE shall sign a certification indicating that he or she has read, understands, and agrees to abide by all of the conditions pertaining to confidential fund expenditures as set forth in ONDCP Financial and Administrative Guide for Cooperative Agreements Guidelines and Exhibit B. 10.The GRANTEE certifies that it will comply with OMB Circular A-102 Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments as codified in 28 CFR Part 66 and OMB Circular A-87 Cost Principles for State, Local and Indian Tribal Governments, -gig) Link: OMB Circulars http://www.whitehouse.gov/omb/circulars/index.html High Intensity Drug Trafficking Area Grant Number HT16-06-1712 Page 3 11.The GRANTEE agrees to account for interest earned on Federal grant funds and shall remit interest earned in excess of the allowable amount as indicated in the ONDCP Financial and Administrative Guide for Cooperative Agreements and all unexpended grant funds to the COMMISSION within 30 days after receipt of a written request from the COMMISSION. The GRANTEE agrees to expend all encumbered funds within 90 days of expiration of this award. 12. The GRANTEE agrees to retain all books, account reports, files and other records, (paper and/or electronic) relating to this Agreement and the performance of this Agreement for no less than five (5) years from the last financial report submitted to the Commission. All such documents shall be subject to inspection and audit at reasonable times. 13. For the purpose of this grant, a capital expenditure is $5,000 or above. If the GRANTEE'S policy defines a capital expenditure as less than $5,000, the GRANTEE will use its own policy. 14.The GRANTEE agrees to follow equipment disposition policies outlined in OMB Circular A-102 Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments as codified in 28 CFR, Part 66.32 (e) (1-3) when the equipment is no longer needed for the grant program. When no longer needed for the original program, the equipment may be used in other activities supported by the Office of National Drug Control Policy. Link: OMB Circulars http://www.whitehouse.gov/omb/circulars/index.html 15. The GRANTEE agrees to maintain property records for equipment purchased with grant funds and perform a physical inventory and reconciliation with property records at least every two years or more frequently based on GRANTEE policy. 16.The GRANTEE agrees to keep time and attendance sheets signed by the employee and supervisory official having first hand knowledge of the work performed by the grant funded employees. 17.The GRANTEE will comply with the audit requirements of OMB CircularA-133 Audits of States, Local Governments and Non-Profit Organizations and provide the COMMISSION with the audit report and any findings within 90 days of receipt of such finding. If the report contains no findings, the GRANTEE must provide notification that the audit was completed. Link: OMB Circular A-133 http://www.whitehouse.goviombicircularsiindex.html 18. The GRANTEE agrees that it will submit financial reports and supporting documentation to the COMMISSION on forms/format provided by the COMMISSION, documenting the activities supported by these grant funds. In the event reports are not received on or before the indicated date(s), funding will be suspended until such time as delinquent report(s) are received. These reports are submitted according to the following schedule: Report Period: Due Date: Report Period: Due Date: October 1 - 31, 2005 November 20, 2005 April 1 - 30, 2006 May 20, 2006 November 1 - 30, 2005 December 20, 2005 May 1 - 31, 2006 June 20, 2006 December 1 - 31, 2005 January 20, 2006 June 1 - 30, 2006 July 20, 2006 January 1 - 31, 2006 February 20, 2006 July 1 —31, 2006 August 20, 2006 February 1 - 29, 2006 March 20, 2006 August 1 - 31, 2006 September 20, 2006 March 1 - 31, 2006 April 20, 2006 September 1 - 30, 2006 October 20, 2006 More frequent reports may be required for GRANTEES who are considered high risk. High Intensity Drug Trafficking Area Grant Number HT16-06-1712 Page 4 r 19. All goods and services must be received by the GRANTEE within 60 days of the expiration of this award. 20.The GRANTEE agrees to obtain ONDCP approval through the Arizona HIDTA Director for all sole-source procurements in excess of $100,000, and provide written notification to the COMMISSION. 21.The GRANTEE agrees to obtain ONDCP approval through the Arizona HIDTA Director prior to the expenditure of grant funds for consultant fees in excess of $450 per day, and provide written notification to the COMMISSION. 22.The GRANTEE agrees to check the U.S. General Service Administration (GSA) Excluded Parties Listing Service as required by Executive Order 12549, as defined in 28 CFR Part 67.510 for individuals, agencies, companies and corporations debarred or suspended from doing business with recipients receiving Federal funds. The GRANTEE agrees not to do business with any individual, agency, company or corporation listed in the Excluded Parties Listing Service. Link: Excluded Parties Listing System http://epls.arnet.gov 23. No funds shall be used to supplant Federal, State, county or local funds that would otherwise be made available for such purposes. 24. The GRANTEE assigns to the COMMISSION any claim for overcharges resulting from antitrust violations to the extent that such violations concern materials or services applied by third parties to the GRANTEE in exchange for grant funds provided under this Agreement. 25. The parties agree to use arbitration in the event of disputes in accordance with the provisions of A.R.S. § 12-1501 et seq. 26.The laws of the State of Arizona apply to questions arising under this Agreement and any litigation regarding this Agreement must be maintained in Arizona courts, except as provided in paragraph 27 of this Agreement pertaining to disputes which are subject to arbitration. 27. The GRANTEE understands that grant funds will not be released until all required reports and reversion of funds from the prior year grant are submitted to the COMMISSION. 28. 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 Indeminitor, its officers, officials, agents, employees, or volunteers. If the GRANTEE is a State agency this paragraph does not apply. High Intensity Drug Trafficking Area Grant Number HT16-06-1712 Page 5 29. Unless GRANTEE is a State agency, GRANTEE shall cause its contractor(s) and subcontractors, if any to indemnify defend, save and hold harmless the State of Arizona, any jurisdictions or agency issuing any permits for any work arising out of this Agreement, and their respective directors, officers, officials, agents, and employees (hereinafter referred to as"indemnitee") from and against any and all claims, actions, liabilities, damages, losses or expenses (including court costs, attorneys' fees, and costs of claim processing, investigation and litigation) (hereinafter referred to as "Claims" ) for bodily injury or personal injury (including death), or loss or damage to tangible or intangible property caused, or alleged to be caused, in whole or in part, by the negligent or willful acts or omissions of GRANTEE'S contractor or any of the directors, officers, agents, or employees or subcontractors of such contractor. This indemnity includes any claim or amount arising out of or recovered under the Worker's Compensation Law or arising out of the failure of such contractor to conform to any federal, state, or local law, statute, ordinance, rule, regulation or court decree. It is the specific intention of the parties that the Indemnitee shall, in all instances, except for Claims arising solely from the negligence or willful acts or omissions of the Imdemnitee, be indemnified by such contractor from and against any and all claims. It is agreed that such contractor will be responsible for primary loss investigation, defense and judgment costs where this indemnification is applicable. Insurance requirements for any contractor used by GRANTEE are incorporated herein by this reference and attached to this Agreement as Exhibit"A". 30. If the GRANTEE is a governmental political subdivision, the GRANTEE agrees to utilize the Data Dictionary, approved and distributed by the COMMISSION, as the data entry standard for information systems when improving or updating an existing Information System. The GRANTEE agrees to utilize the Data Dictionatyas the data entry standard in any new system or when an existing Information System is replaced. Data Dictionary:Call for copy, we will email 31. If the GRANTEE is a governmental political subdivision, the GRANTEE should, to the extent possible and practical share criminal justice information with other authorized criminal justice agencies. The process control number (PCN) shall be used in accordance with A.R.S. § 41- 1750 when sharing data with other criminal justice agencies as electronic data systems are developed or improved. 32. The GRANTEE agrees to comply with the non-discrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended; 42 USC 3789(d); Title VI of the Civil Rights Act of 1964, as amended; Section 504, Rehabilitation Act of 1973, as amended; Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972 and the Department of Justice regulations 28 CFR Part 54; The Age Discrimination Act of 1975; Department of Justice Non-Discrimination Regulations, 28 CFR Part 42, Subparts C, D, E, G and I; Department of Justice regulations on disability discrimination 28 CFR Part 35; all applicable state laws of A.R.S. § 41-1463; and Executive Orders 1999-4 and 2000-4. These laws prohibit discrimination on the basis of race, color, religion, sex and national origin including Limited English Proficiency (LEP) in the delivery of service. In the event that a Federal or State court or Federal or State administrative agency makes a finding of discrimination after a due process hearing against the GRANTEE, the GRANTEE will forward a copy of the findings to the Office for Civil Rights, Office of Justice Programs and the COMMISSION. High Intensity Drug Trafficking Area Grant Number HT16-06-1712 Page 6 33.The GRANTEE agrees to formulate and keep on file an Equal Employment Opportunity Plan (EEOP) (if grantee is required pursuant to 28 CFR 42.302). The GRANTEE certifies that they have forwarded to the Office for Civil Rights, Office of Justice Programs the EEOP, or certifications that they have prepared and have on file an EEOP, or that they are exempt from EEOP requirements. Failure to comply may result in suspension of the receipt of grant funds. Copies of all submissions such as certifications to or correspondence with the Office for Civil Rights, Office of Justice Programs regarding this requirement must be provided to the COMMISSION by the GRANTEE. 34. The GRANTEE certifies to comply with the Drug-Free Workplace Act of 1988, and implemented in 28 CFR Part 67, Subpart F, for grantees, as defined in 28 CFR, Part 67 Sections 67.615 and 67.620. 35.The GRANTEE agrees to complete and keep on file, as appropriate, Immigration and Naturalization Form (I-9). This form is to be used by recipients to verify that persons are eligible to work in the United States. 36.The GRANTEE agrees to notify the Arizona HIDTA Director and provide written notification to the COMMISSION within ten (10) days in the event that the project official is replaced during the award period. 37. No rights or interest in this Agreement shall be assigned by GRANTEE without prior written approval of the COMMISSION. 38. The GRANTEE agrees that no funds provided, or personnel employed under this Agreement shall be in any way or to any extent engaged in conduct of political activities in violation of U.S.C. Title 5, Part II, Chapter 15, Section 1502. 39.The GRANTEE certifies that it presently has no financial interest and shall not acquire any financial interest, direct or indirect, which would conflict in any manner or degree with the performance of service required under this Agreement. 40. The Grantee certifies that no federal funds will be paid, by or on behalf of, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into any cooperative agreement, and for the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan or cooperative agreement. If any funds other than Federal funds are paid or will be paid to any person for influencing or attempting to influence an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal award, grant loan, or cooperative agreement, the GRANTEE will complete and submit to the COMMISSION Standard Form-LLL,"Disclosure Form to Report Lobbying"in accordance with its instructions. 41.This Agreement is subject to cancellation pursuant to the provision of A.R.S. § 38-511. 42.This Agreement may be cancelled at the COMMISSION'S discretion if not returned with authorized signatures to the COMMISSION within 90 days of commencement of the award. 43. If any provision of this Agreement is held invalid the remainder of the Agreement shall not be affected thereby and all other parts of this Agreement shall be in full force and effect. • High Intensity Drug Trafficking Area Grant Number HT16-06-1712 Page 7 IN WITNESS WHEREOF, the parties have made and executed the Agreement the day and year first above written. FOR GRANTEE: Mayor Or City Manager Date Note: If applicable, the Agreement must be approved by the appropriate county supervisory board or municipal council and appropriate local counsel (i.e. county or city attorney). Furthermore, if applicable, resolutions and meeting minutes must be forwarded to the Commission with the signed Agreement. Approved as to form and authority to enter into Agreement: Legal counsel for GRANTEE Date Statutory or other legal authority to enter into Agreement: s - vo (BXia) Appropriate A.R.S., ordinance, or charter reference FOR CRIMINAL JUSTICE COMMISSION: John A. Blackburn Jr., Executive Director Date Arizona Criminal Justice Commission . � �t ' �. ��. �:. JUSTICE OMMISSION ,, ARIZONA CRIMINAL C ;Nif4; .gm; ' GRANT AGREEMENT ''';:.!-ZI 1-..W ,,;?; 1982 Insurance Requirements Exhibit"A" Insurance Requirements for Governmental Parties to a Grant Agreement: None. Insurance Requirements for Any Contractors Used by a Party to the Grant Agreement: (Note: this applies only to Contractors used by a governmental entity, not to the governmental entity itself)The insurance requirements herein are minimum requirements and in no way limit the indemnity covenants contained in the Intergovernmental Agreement. The State of Arizona in no way warrants that the minimum limits contained herein are sufficient to protect the governmental entity or Contractor from liabilities that might arise out of the performance of the work under this Contract by the Contractor, his agents, representatives, employees or subcontractors, and Contractor and the governmental entity are free to purchase additional insurance. A. MINIMUM SCOPE AND LIMITS OF INSURANCE: Contractor shall provide coverage with limits of liability not less than those stated below. 1. Commercial General Liability-Occurrence Form Policy shall include bodily injury, property damage, personal injury and broad form contractual liability. • General Aggregate $2,000,000 • Products-Completed Operations Aggregate $1,000,000 • Personal and Advertising Injury $1,000,000 • Blanket Contractual Liability-Written and Oral $1,000,000 • Fire Legal Liability $50,000 • Each Occurrence $1,000,000 a. The policy shall be endorsed to include the following additional insured language: "The State of Arizona, its departments, agencies, boards, commissions, universities and its officers, officials, agents, and employees shall be named as additional insureds with respect to liability arising out of the activities performed by or on behalf of the Contractor'; (Note that the other governmental entity(ies) is/are also required to be additional insureds)and they should supply the Contractor with their own list of persons to be insured.) b. Policy shall contain a waiver of subrogation against the State of Arizona, its departments, agencies, boards, commissions, universities and its officers, officials, agents, and employees for losses arising from work performed by or on behalf of the Contractor. s Exhibit"A" Page 2 2. Automobile Liability Bodily Injury and Property Damage for any owned, hired, and/or non-owned vehicles used in the performance of this Contract. Combined Single Limit (CSL) $1,000,000 a. The policy shall be endorsed to include the following additional insured language: "The State of Arizona, its departments, agencies, boards, commissions, universities and its officers, officials, agents, and employees shall be named as additional insureds with respect to liability arising out of the activities performed by or on behalf of the Contractor, involving automobiles owned, leased, hired or borrowed by the Contractor'; (Note that the other governmental entity(ies) is/are also required to be additional insured(s)and they should supply the Contractor with their own list of persons to be insured.) 3. Worker's Compensation and Employers' Liability Workers' Compensation Statutory Employers' Liability Each Accident $500,000 Disease— Each Employee $500,000 Disease— Policy Limit $1,000,000 a. Policy shall contain a waiver of subrogation against the State of Arizona, its departments, agencies, boards, commissions, universities and its officers, 'officials, agents, and employees for losses arising from work performed by or on behalf of the Contractor. b. This requirement shall not apply to: Separately, EACH contractor or subcontractor exempt under A.R.S. 23-901, AND when such contractor or subcontractor executes the appropriate waiver (Sole Proprietor/Independent Contractor) form. B. ADDITIONAL INSURANCE REQUIREMENTS: The policies are to contain, or be endorsed to contain, the following provisions: 1. The State of Arizona, its departments, agencies, boards, commissions, universities and its officers, officials, agents, and employees and the other governmental entity shall be additional insureds to the full limits of liability purchased by the Contractor even if those limits of liability are in excess of those required by the Contract. 2. The Contractor's insurance coverage shall be primary insurance with respect to all other available sources. 3. The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. Coverage provided by the Contractor shall not be limited to the liability assumed under the indemnification provisions of its Contract with the other governmental entity(ies) party to the Grant Agreement. Exhibit"A"Page 3 C. NOTICE OF CANCELLATION: Each insurance policy required by the insurance provisions of this Contract shall not be suspended, voided, cancelled, reduced in coverage or in limits except after thirty (30) days prior written notice has been given the State of Arizona. Such notice shall be sent directly to the GRANTEE and shall be sent by certified mail, return receipt requested. D. ACCEPTABILITY OF INSURERS: Insurance is to be placed with duly licensed or approved non- admitted insurers in the State of Arizona with an"A.M. Best"rating of not less than A- VII. The State of Arizona in no way warrants that the above-required minimum insurer rating is sufficient to protect the Contractor from potential insurer insolvency. E. VERIFICATION OF COVERAGE: Contractor shall furnish the GRANTEE with certificates of insurance (ACORD form or equivalent approved by the State of Arizona) as required by this Contract. The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements are to be received and approved before work commences. Each insurance policy required by this Contract must be in effect at or prior to commencement of work under this Contract and remain in effect for the duration of the project. Failure to maintain the insurance policies as required by this Contract, or to provide evidence of renewal, is a material breach of contract. All certificates required by this Contract shall be sent directly to the GRANTEE The State of Arizona project/contract number and project description are to be noted on the certificate of insurance. The State of Arizona and the Arizona Criminal Justice Commission reserves the right to require complete, certified copies of all insurance policies required by this Contract at any time. DO NOT SEND CERTIFICATES OF INSURANCE TO THE STATE OF ARIZONA'S RISK MANAGEMENT SECTION. F. SUBCONTRACTORS: Contractor's certificate(s) shall include all subcontractors as insureds under its policies or Contractor shall furnish to the county or local government agency responsible separate certificates for each subcontractor. All coverages for subcontractors shall be subject to the minimum requirements identified above. G. APPROVAL: Any modification or variation from the insurance requirements must have prior approval from the State of Arizona Department of Administration, Risk Management Section, whose decision shall be final. Such action will not require a formal contract amendment, but may be made by administrative action. H. EXCEPTIONS: In the event the Contractor or sub-contractor(s) is/are a public entity, then the Insurance Requirements shall not apply. Such public entity shall provide a Certificate of Self- Insurance. If the contractor or sub-contractor(s) is/are a State of Arizona agency, board, commission, or university then none of the above shall apply. • r„�,\A1• ,e4.p,( ''. <� ARIZONA CRIMINAL JUSTICE COMMISSION r y I ' 'f , . = HIGH INTESTIY DRUG TRAFFICKING AREA HTA%.j ,_ _ J_:"7`. GRANT AGREEMENT 19x2 Confidential Funds Certification Exhibit"B” CONFIDENTIAL FUNDS CERTIFICATION This is to certify that I have read, understand, and agree to abide by all of the conditions for confidential funds as set forth in the effective edition of the Office of National Drug Control Policy Financial and Administrative Guide. Grant Number: HT16-06-1712 Date: Signature: Authorized Official PROCEDURES Each project agency authorized to disburse confidential funds must develop and follow internal procedures which incorporate the following elements: Deviations from these elements must receive prior approval of the ONDCP. 1. Imprest Fund. The funds authorized will be established in an imprest fund which is controlled by a bonded cashier. 2. Advance of Funds: The supervisor of the unit to which the imprest funds is assigned must authorize all advances of funds for the P/I. Such authorization must specify the information be received, the amount of expenditures, and assume name of informant. 3. Informant Files: Informant files are confidential files of the true names, assumed names, and signature of all informants to whom payments of confidential expenditures have been made. To the extent possible, pictures and/or fingerprints of the informant payee should also be maintained. Refer to Informant Files "Documentation" (2) for a list of required documents for the informant files. 4. Cash Receipts. a. The cashier shall receive from the agent or officer authorized to make a confidential payment, receipt for cash advanced to him/her for such purposes. b. The agent or officer shall receive from the informant payee a receipt for cash paid to him/her. Exhibit"B" Page 2 5. Receipt for Purchase of Information. An Informant Payee Receipt shall identify the exact amount paid to and received by the informant payee on the date executed. Cumulative or anticipatory receipts are not permitted. Once the receipt has been completed no alteration is allowed. The agent shall prepare an Informant Payee Receipt containing the following information: a. The jurisdiction initiating the payment. b. A description of the information/evidence received. c. The amount of payment, both in numeral and word form. d. The date on which the payment was made. e. The signature of the informant payee. f. The signature of the case agent or officer making payment. g. The signature of at least one other officer witnessing the payment. h. The signature of the first-line supervisor authorizing and certifying the payment. 6. Review and Certification. The signed Informant Payee Receipt with a memorandum detailing the information received shall be forwarded to the agent or officer in charge. The agent or officer in charge shall compare the signatures. He/she shall also evaluate the information received in relation to the expense incurred, and add his/her evaluation remarks to the report of the agent or officer who made the expenditure from the imprest funds. The certification will be witnessed by the agent or officer in charge on the basis of the report and Informant Payee's Receipt. 7. Reporting of Funds. Each project shall prepare a reconciliation report on the imprest funds on a quarterly basis. Information to be included in the reconciliation report will be the assumed name of the informant payee, the amount received, the nature of the information given, and to what extent this information contributed to the investigation. Recipients/subrecipients shall retain the reconciliation report in their files and shall be available for review unless the State agency requests that the report be submitted to them on a quarterly basis. 8. Record and Audit Provisions. Each project and member agency must maintain specific records of each confidential fund transaction. At a minimum, these records must consist of all documentation concerning the request for funds, processing (to include the review and approve/disapprove), modifications, closure or impact material, and receipts and/or other documentation necessary to justify and track all expenditures. Refer to Informant Files Documentation (2) for a list of documents which should be in an informant's file. In projects where funds are used for confidential expenditures, it will be understood that all of the above records, except the true name of the informant, are subject to the record and audit provision of grantor agency legislation. Exhibit"B"Page 3 INFORMANT FILES 1. Security. A separate file should be- established for each informant for accounting purposes. Informant files should be kept in a separate and secure storage facility, segregated from any other files, and under the exclusive control of the supervisor or an employee designated by him/her. The facility should be locked at all times when unattended. Access to these files should be limited to those employees who have a necessary legitimate need. An informant file should not leave the immediate area except for review by a management official or the handling agent, and should be returned prior to the close of business hours. Sign-out logs should be kept indicating the date, informant number, time in and out, and the signature of the person reviewing the file. 2. Documentation. Each file should include the following information: a. Informant Payment Record - kept on top of the file. This record provides a summary of informant payments. b. Informant Establishment Record - including complete identifying and location data, plus any other documents connected with the informant's establishment. c. Current photograph and fingerprint card (or FBI/State Criminal Identification Number). d. Agreement with cooperating individual. e. Receipt for P/I. f. Copies of all debriefing reports (except for the Headquarters case file). g. Copies of case initiation reports bearing on the utilization of the informant (except for the Headquarters case file). h. Copies of statements signed by the informant (unsigned copies will be placed in appropriate investigative files). i. Any administrative correspondence pertaining to the informant, including documentation of any representations made on his behalf or any other nonmonetary considerations furnished. j. Any deactivation report or declaration of any unsatisfactory informant. INFORMANT MANAGEMENT AND UTILIZATION All persons who will be utilized as informants should be established as such. The specific procedures required in establishing a person as an informant may vary from jurisdiction to jurisdiction but, at a minimum, should include the following: 1. Assignment of an informant code name to protect the informant's identity. Exhibit"B"Page 4 2. An informant code book controlled by the supervisor or his/her designee containing: a. Informant's code number. b. Type of information (i.e. informant, defendant/informant, restricted use/informant). c. Informant's true name. d. Name of establishing law enforcement officer. e. Date the establishment is approved. f. Date of deactivation. 3. Establish each informant file in accordance with Informant File Documentation (2). 4. For each informant in an active status, the agent should review the informant file on a quarterly basis to assure it contains all relevant and current information. Where a MATERIAL face that was earlier reported on the Establishment Record is no longer correct (e.g. a change in criminal status, means of locating him/her, etc.), a supplemental establishing report should be submitted with the correct entry. 5. All informants being established should be checked in all available criminal indices. If verified FBI number is available, request a copy of the criminal records from the FBI. Where a verified FBI number is not available, the informant should be fingerprinted with a copy sent to the FBI and appropriate State authorities for analysis. The informant may be utilized on a provisional basis while awaiting a response from the FBI. PAYMENTS TO INFORMANTS 1. Any person who is to receive payments charged against PE/PI funds should be established as an informant. This includes a person who may otherwise be categorized as sources of information or informants under the control of another agency. The amount of payment should be commensurate with the value of services and/or information provided and should be based on the following factors: a. The level of the targeted individual, organization or operation. b. The amount of the actual or potential seizure. ' c. The significance of the contribution made by the informant to the desired objectives. 2. There are various circumstances in which payments to informants may be made. a. Payments for Information and/or Active Participation. When an informant assists in developing an investigation, either through supplying information or actively participating in it, he/she may be paid for his/her service either in a lump sum or in staggered payments. Payments for information leading to a seizure, with no defendants, should be held to a minimum. Exhibit"B" Page 5 b. Payment for Informant Protection. When an informant needs protection, law enforcement agencies may absorb the expenses of relocation. These expenses may include travel for the informant and his/her immediate family, movement and/or storage of household goods, and living expense at the new location for a specific period of time (not to exceed 6 months). Payments should not exceed the amounts authorized by law enforcement employees for these activities. c. Payments to Informants of Another Agency. To use or pay another agency's informant, he/she should be established as an informant. These payments should not be a duplication of a payment from another agency; however, sharing a payment is acceptable. 3. Documentation of payments to informants is critical and should be accomplished on a Informant Payee Receipt. Payment should be made and witnessed by two law enforcement officers and authorized payment amounts should be established and reviewed by at least the first line supervisory level. In unusual circumstances, a non- officer employee or an officer of another law enforcement agency may serve as witness. In all instances, the original signed receipt must be submitted to the project director for review and record keeping. ACCOUNTING AND CONTROL PROCEDURES Special accounting and control procedures should govern the use and handling of confidential expenditures, as described below: 1. It is important that expenditures which conceptually should be charged to PE/PI/PS are so charged. It is only in this manner that these funds may be properly managed at all levels, and accurate forecasts of projected needs be made. 2. Each law enforcement entity should apportion its PE/PI/PS allowance throughout its jurisdiction and delegate authority to approve PE/PI/PS expenditures to those offices, as it deems appropriate. 3. Headquarters management should establish guidelines authorizing offices to spend up to a predetermined limit of their total allowance on any buy or investigation. 4. In exercising his/her authority to approve these expenditures, the supervisor should consider: a. The significance of the investigation. b. The need for this expenditure to further the investigation. c. Anticipated expenditures in other investigations. Exhibit"B" Page 6 Funds for PE/PI/PS expenditures should be advanced to the officer for a specific purpose. If theyare not expended for that purpose, they should be returned to the cashier. They should not be used for another purpose without first returning them and repeating the authorization and advance process based on the new purpose. 5. Funds for PE/PI/PS expenditure should be advanced to the officer on suitable receipt form. Informant Payee Receipt or a voucher for P/E should be completed to document funds used in the purchase of evidence or funds paid or advanced to an informant. 6. For security purposes there should be a 48-hour limit on the amount of time funds advanced for PE/PI/PS expenditure may be held outstanding. If it becomes apparent at any point within the 48-hour period that the expenditure will not materialize, the funds should be returned to the cashier as soon as possible. An extension of the 48- hour limit may be granted by the level of management that approved the advance. Factors to consider in granting such an extension are: a. The amount of funds involved. b. The degree of security under which the funds are being held. c. How long an extension is required. d. The significance of the expenditure. Such extensions should be limited to 48 hours. Beyond this, the funds should be returned and readvanced, if necessary. Regardless of circumstances, within 48 hours of the advance, the cashier should be presented with either the unexpended funds, an executed Informant Payee Receipt or purchase of evidence or written notification by management that an extension has been granted. 7. P/S expenditures, when not endangering the safety of the officer or informant, need to be supported by canceled tickets, receipts, lease agreements, etc. If not available, the supervisor, or his immediate subordinate, must certify that the expenditures were necessary and justify why supporting documents were not obtained. TOWN OF ORO VALLEY OUNCIL COMMUNICATION MEETING DATE: October 4, 2006 TO: HONORABLE MAYOR& COUNCIL FROM: David Ronquillo, Senior Planner SUBJECT: OV12-03-16B, Stantec Consulting, representing Evergreen Devco, requests approval of a final plat for the Steam Village Development, located in proximity to the intersection of Oracle Road and Hanley Boulevard, Parcels 220-04-009C, 009F, 009G, 220-08-0014, OO1V, OO1Q, 001T, 001W, 220-07-0060, 0015, 220-11-003C and 003B EXECUTIVE SUMMARY OF APPLICATION: Nature of Application: At the final plat stage, all design and site layout issues related to zoning requirements as well as specifications of all reviewing agencies have been approved as part of the development plan or preliminary plat process. The final plat is the mechanism for recordation of a subdivision (either for residential or commercial uses), as well as recordation of all easement information, such as location and width of required areas for utilities. In the case of a final plat for a commercial development, the sole purpose of the final plat is to allow the developer/owner to ,4-,'11 or lease ground space to individual owners. The final plat is submitted for review and for action by the Town Council. Final plat approval is required before. any improvements such as grading, sewers, water and paving can begin in a subdivision. Current Site Conditions: The zoning for this site is Steam Pump Village Planned Area Development and the property consists of approximately 41 acres. There will likely be a total of four phases presented for development plan approval, two of which have already been presented and approved by Town Council. The entire development will be reviewed on a phase by phase basis. Proposed Improvements: The proposed final plat consists of Lots 1-8 and Blocks 1 & 2. The entire 41-acre Steam Pump development is incorporated into the plat. Lots 1-8 are within Phases 1 and 2, and Blocks 1 & 2 have been platted for future Phases 3 & 4. The lots have been clearlydefined for Phase 1 & 2 with no further ex ected-silt The blocks p p specified for the future phases are used to define larger areas where there will likely be additional splits in the future as buyers' needs are identified. TOWN OF ORO VALLEY STAFF REPORT TO TOWN COUNCIL Page 2 of 4 BACKGROUND: Approvals to date: The development velo and landscape plans have been approved for Phase I & 2. The preliminary plat has also been approved. Surrounding Land Uses: Direction Zoning Land Use North R1-144, Single Family Residential CDO Wash South R1-144, Single Family Residential Historic Steam Pump Ranch East Pima County, CPI- Campus Park Foothills Business Park and Honeywell Office Industrial West R1-144, Single Family Residential CDO Wash and proposed Riverwalk Trail ANALYSIS OF OVZCR 22.6.B DEVELOPMENT REVIEW CRITERIA: in anyapplicationfor develo ment review, the Development Review Board shall be guided"by a In consider g pp p specific list of criteria when deliberating (see Section 22.6.B, OVZCR). The following is a list of noteworthy criteria(in italics) followed by staff commentary: 1. The Development Review Board shall examine the application to insure that all provisions of this Code and all other Codes, masterplans, general plans and standards of the Town shall be complied with where applicable. A. GENERAL PLAN COMPLIANCE: with the General Plan land use designation proposal complies and all applicable policies, which were reviewed as part of the development plan process. B. OVZCR COMPLIANCE: issues have been previouslyaddressed as part of the Phase 1 & 2 development plans. Specific All design will beprovided for Phase 3 & 4 as part of future development plans. For this reason, a specific layouts pp lot platting approach was used for the first two phases. A block approach was used for Phase 3 & 4 because the applicant was unsure where the ultimate buildings and associated lot lines would be positioned. If these lines substantiallychange in the future or further subdivision is requested, the plat must be reconsidered by the DRB and Town Council. Thero osed project complies with all the requirements of the OVZCR. p p TOWN OF ORO VALLEY 'TAFF REPORT TO TOWN COUNCIL Page 3 of 4 C. STEAM PUMP VILLAGE PAD Specific requirements have been addressed as part of Phase 1 & 2 development plans. The proposed project compiles with all the requirements of the ORSCOD. D. PUBLIC WORKS COMMENTS: Upon completion of the engineering review of this Final Plat for Steam Pump Village Lots 1 to 8, Blocks 1 and 2, staff has found that all engineering related Zoning Code items and other engineering comments have been corrected and/or addressed. This Final Plat conforms to the approved Preliminary Plat and to the approved Improvement Plans. In addition, engineering staff finds that all property lines as presented on this Final Plat are surveyable in accordance with local and State code. PUBLIC INPUT: All adjacent property owners have been notified of the public meeting in accordance with the Town notification requirements. There have been no comments received as of the date of this report. 'SUMMARY OF FACTORS: Factors For 1. Meets all Zoning Code and PAD requirements. 2. Meets all applicable General Plan Policies. 3. The preliminary plat was previously approved. Factors Against 1. There are no factors against. RECOMMENDATION: Staff has evaluated the proposal based on the standards and requirements of the General Plan, OVZCR, and the ORSCOD. Staff finds that the final plat meets all Town policies, standards, and guidelines. Approval of the final plat is recommended. SUGGESTED MOTION: The Town Council may wish to consider one of the following suggested motions: I move to [approve, approve with conditions, OR deny] OV12-03-16B, Stantec Consulting, representing Tergreen Devco, request for approval of a final plat. i TOWN OF ORO VALLEY STAFF REPORT TO TOWN COUNCIL Page 4 of 4 Attachments: 1. Exhibit A 2. 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P (1).*C') i PTA:, /4 z•''co's, •.: 5:1 _ .4.)°,, ., / '3 •\ z / .N <w - laIIIIIII...IIIIIIMIMIIIIMIIIIIIIIIIIIIMIIIIIIIIIIBIIINMMNMIIMIMIIIIIMIIIIIIIIIIINIMIMIIIIMIIIIIIIIIIMIIIIIIMIMINMIIXIIIIIIIINIIIIIXfl I11111.11MEMII F / \OWM.W,Oa91N / rl,� N • `A 9 ,91191 k00.0 i9 W C' of v / �. ii:i:..! • / iiri L_______, / :-s 1 g I / 2 J I .t:: / 4 c� _ / $ tiI•11 I / ', aa. \ / I ' / / I \ ./ , , / I / 1 I c I / I / \ (--) . 1, , / p 1 � / 1 ' ki / Z ' tie 13 O , I n n 1 1 1 \ — 8-6 , i° 1 1:.••z a I i a I 1 I I s ` I I II 1 4.4,7,i.:\ ,_ \ I ; a.At); i-, % \ ,I I I § I I I 11 titi 1 !n I It \ I 1 > .� 1 1 0 0 I CO 1 8 9, cc—J. 3 T 1 Ii r <N8 0 , tied I �,�,� o > i is ,��`' 4 �___ (1 �mg f8 a , N 1, c . ,.O wv 1 1 I F,-Eqn .. 6 A \ \_._ ;off p Z 1 V A N :i • I o D > • • _....L....._, ` t r l�l�l�l���I�1 i�I 2 0 > a 1, $ `I ilo 4 I 11 m i . 1 y � I� \ 0) . 1 BOOK PAGE 3 --• - -- , ..,., , • \ I , I (),..._ I I I ...0 rri —.4 1 i!,11§11 t , t g i .......,.....................\r,........ 1 moms=1 minumw 1 immoime 1 simumni I monimI I winummo I I I somm....I imommi , \ \ 1 ' I' • , , !..,. ,. \ • .• I I 1-6. 4'''sc.P 4> 41 \ r—-14 '() \ \ I\ 1, I I I ‘ \ \ 1 I 1 1 \ \ 1 I \ \ ' 1 r... \ 1 I \ 1 :,i;.• \ \ \ \ ' \ ..::::. \ \ ......,, \ \ \ \ \ \ \ \ 0" \ 1.....--"-..............."...---tr---------- \ \ \ \ \ 1 \ \ --, \ C.- \ C, \ ‘ V, 0 \ \ \ \ \ j.:.' \ \ • 0 \ \ ......:1 \ C7 1;3 ill \ 1.••• \ \ ,—.) \ _.4. ..--- kr, \ \ \ 3, 72 Cl?. t • \ 70 \ 4, —.4 \ \ 2' -,....., \ ..i.... \ .,-- ..„. \!c 1 \ 1...1, ,1/4,. 7 \.... •, \ .., 1-11-1,1-4.,,,,,,,,.. I::::1 • .44 I N.. ....;:ii.....:i \ \ \ •)...., \ RA. §i N____ii L., '' • U ..r.;.. • ‘ -, A Q...13 § Cr, .--t. \ f4 \ 0 \ f , 8 \ S." ....„.,,,::,:.(:'.g.7....7......7....7 4,)ct,,, -13 r. Of • • \ 00 S Z \ Icn 0 1 \ 9., \ BOOK PAGE • . . • TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: October 4, 2006 TO: HONORABLE MAYOR & COUNCIL FROM: Jose N. Rodriguez, P.E., Engineering Division Manager 82 SUBJECT: Resolution (R) 06- Acceptance of Bid and Award of Contract for Rancho Vistoso Pavement Overlay: from Sun City to Silverton Project No. OV 30 06/07 10. SUMMARY: This asphalt overlay project is a continuation and completion to the Reclaimed Water Line Project along portions of Rancho Vistoso Blvd. and Silverton Avenue. This project is now ready to move forward. The project will be overlaid with asphalt concrete — asphalt rubber and consist of, but is not limited to: milling of existing asphalt pavement, overlay 1Y2-inch new asphalt rubber concrete, pavement markings, removal and replacement of survey monuments, sewer manhole adjustments, valve box and cover adjustments and other incidental items of work along portions of the east bound lanes of Rancho Vistoso Blvd. from Sun City to Silverton. The Sun City Community Association was contacted regarding this project. The Association said they felt a public meeting was not necessary. They have informed the residents of the pavement overlay through the Association newsletter and posted it on their bulletin boards. In response to the advertisement for bids, the Town received three bid proposals. The bid proposals were opened by Town staff at 9:00 A.M. Tuesday, September 12, 2006 The Town requested an Alternative bid to the original scope of work: replacing asphalt concrete bid line item with asphalt rubber line item. This is shown in Base w/Alternative. The following is a summary of the bids received along with the engineer's estimate: Base Bid Alternative Base w/Alternative Southern Az Paving & Const Co. $124,110 $ 93,575 $152,675 Hunter Contracting Company $123,786 $107,365 $153,336 Engineer's Estimate $158,785 TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 2 of 3 ATTACHMENTS: Resolution (R) 06-82 Copy of Bid Advertisement Copy of Attachment No. 1 —Alternative to Original Plans/Specifications Copy of Bid Tab of Southern Arizona Paving & Construction Company FISCAL IMPACT: Funding for this project is available from budgeted FY 06/07 Highway Funds. RECOMMENDATION: Since this is a continuation and completion of Rancho Vistoso Boulevard repaving Public Works recommends the use of asphalt rubber and the approval of bid and awarding the contract to Southern Arizona Paving & Construction Co in the amount of$152, 675 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) 06 - 82 OR I move to deny Resolution (R) 06 - 82 J. = Ro. i.uez, P. , Engineering Div. Manager ;/ fr Craig Civali r .E., Town Engineer JJJ t fi Y ♦ a5 .J/ � y+ ttt.,41/)Philip Sal a P.E., Acting Assistant Town Manager 0614/4) David Andrews, Town Manager RESOLUTION NO. (R) 06-82 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, APPROVING AUTHORIZATION FOR THE MAYOR TO CONTRACT WITH SOUTHERN ARIZONA PAVING AND CONSTRUCTION COMPANY FOR PROJECT NO. OV 30 06/07 10, RANCHO VISTOSO PAVEMENT OVERLAY: SUN CITY TO SILVERTON. WHEREAS, the pavement rehabilitation within the Town's right of way is necessary to the public health, safety, and welfare in order to provide for the safe and effective movement of vehicular and pedestrian traffic; and WHEREAS, the Town Council deems it necessary, in the interest of providing for the health, safety, and welfare of the citizens of Oro Valley, to authorize the Mayor to contract with Southern Arizona Paving and Construction Company for Project No. OV 30 06/07 10, Rancho Vistoso Pavement Overlay: Sun City to Silverton. THEREFORE, BE IT RESOLVED, BY THE MAYOR AND THE TOWN COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA: Authorizing the Mayor to contract with Southern Arizona Paving and Construction Company for Project No. OV 30 06/07 10, Rancho Vistoso Pavement Overlay: Sun City to Silverton. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona this 4th day of October, 2006. TOWN OF ORO VALLEY, ARIZONA Paul H. Loomis, Mayor ATTEST: APPROVED AS TO FORM: Kathryn E. Cuvelier, Town Clerk Melinda Garrahan, Town Attorney �` - �x ��x j PROJECT NO OV 30 06/0710 RANCHO VISTOSO BOULEVARD PAVEMENT OVERLAY A7-4 �' SUN CITY TO SILVERTON 6;4 L�E_ 4 1 ATTACHMENT NO. 1 ISSUED BY: TOWN OF ORO VALLEY DATE: August 31,2006 BID DATE: 9:00 AM, September 12,2006 TOTAL PAGES: 16 • 'ME FOLLOWING WORK SHALL BE AN ALTERNATIVE TO'11111,ORIGINAL PLANS I SPECIFICATIONS: > Bid Item No.4130042 ASPHALTIC CONCRETE(ASPHALTRUBBER)(1 2"). Please note that the amount in the bid schedule shall be reviewed separately from the ALTERNATIVE amount. The Town reserves the right to accept or reject the ALTERNATIVE. If the ALTERNATIVE is accepted,the bid schedule shall be modified to remove the item 4060002 ASPHALTIC CONCRETE (PAG NO. 2) (1 '/2"), and replace it with bid item 4130042 ASPHALTIC CONCRETE (ASPHALT RUBBER)(1 '/z")and a qualified low bidder identified. All items and quantifies in the bid schedule shall remain thesame,with the exception of the replaced bid item,as noted above. If the ALTERNATIVE is NOT accepted,the bid amount in the bid schedule shall be reviewed and a qualified low bidder identified. • See the attached Supplemental Special Provisions for the ALTERNATIVE. ATTACHMENT AUTHORIZATION: 49,. tc ►TE,0 4.- -is ooks,. 30111:010EN - _ / + , • Jose N.Rodriguez,P.E. �•i;;� L ' Engineering Division Manager DATE: 8/31/06,Reg.No.35923, CIVIL 1 OV 30 06/07 10,ATTACH ENT#1 ...__ __,zA;46/f. A c5,TP . BID SCHEDULE FOR RANCHO VISTOSO BOULEVARD PAVEMENT OVERLAY SUN CITY TO SILVERTON ITEM DESCRIPTION UNIT ESTIMATED UNIT SUB NO. QUANTITY COST TOTAL - 2020030 REMOVAL OF BITUMINOUS PAVEMENT BY • MILLING SY 570 o epicto ..-- 4040111 TACK COAT TON 2.5 7^o•a.° /e j j, 4060002 ASPHALTIC CONCRETE(PAG NO.2)(1 %") r TON 985 tp./ 4 0 4 D. : e-a 5090110 SEWER MANHOLE,ADJUSTMENT EA 1 570,dv -57o. 06 7010001 MAINTAINENCE AND PROTECTION OF TRAFFIC FA 1 $10,000.00 $10,000.00 •7010007 FURNISH AND INSTALL TEMPORARY TRAFFIC- LS 1 CONTROL DEVICES G Asa.ro tGfQ a . e. 7040020 PAVEMENT MARKING(YELLOW HOT-SPRAYED 2,400 THERMO)(TRANSVERSE)(0.090") Go • /SLYD -‘0 7040030 PAVEMENT MARKING SYMBOLS AND LEGENDS EA 11 /GS dd /(p/,yam ,,, 7040010 PAVEMENT MARKING(WHITE HOT-SPRAYED LF 6,700 THERMO)(TRANSVERSE)(0.090") ,7 0 G o c 2). do 7060025 - PAVEMENT MARKER,REFLECTIVE(TYPE D, EA 20 YELLOW,TWO-WAY) f.oz. 4 D. (id 8102505 ADJUST EXISTING VALVE BOX AND COVER EA 7 � lF2 j 00 • Z73_ es, 9080288 CURB ACCESS RAMP,REMOVE AND REPLACE EA 1 efe., 00 2300 , 11 9090004 SURVEY MONUMENT,RESET FRAME&COVER EA 3 (PC/COT STD DTL 103) 2(3.‘,oo ��J J.s6 9240101 FORCE ACCOUNT(MINOR ALTERATIONS OF ..." 7.l;t.i...:.;•l--..�.*..- _•. . Y..•'ice_M,:.+;;,^fi;_;ta,_f't.,,:_-ja•i4,•.•Fc'.' FA 1 $10,0 00.0 0 $1- 0,0 0 0L_e.6,. .0, 0CONSTRUCTION) `sorgY: �. �•� " -1 � 4 i ,'� �pt � `f� r;v �•�;�. .I .}ctr ")+ -��,. . T i; "-, -�: '-+'jir� `Nr1- S 'dc r1'r".�r: r❑ � 1r 'n.� �-c.l:'a� .'�` " %-¢,��o,; a.ttygv ' ti1ir� 3L'6. Y4si�A- R.,-1•6 .� �•e, r21,,C. : S : 7_gX• ti4'.rc.br� �� y': _ 1f,.- ira " .� �it �.� +rar }f TOTAL /22/Z MO '- • TOTAL BID AMOUNT IN NUMBERS FOR RANCHO VISTOSO BOULEVARD PAVEMENT • OVERLAY,SUN CITY TO SILVERTON $ S . /2 , /i '471 0 . 0 • TOTAL BID AMOUNT IN WORDS FOR RANCHO VISTOSO BOULEVARD PAVEMENT OVERLAY, SUN CITY TO SILVERTON $ atii /I" o OPO 7i '4 /-¢-rim74tizt-44s41-"IP © 74 /.4 ) 444,4) RECEIPT OF ADDENDA NO(S). I IS HEREBY ACKNOWLEDGED. CONTRACTOR: •dam Arizona Paving & Construction Co. NAME OF COMPANY 2 OV 30 06/07 10,ATTACHMENT#1 ALTERNATIVE . RANCHO VISTOSO BOULEVARD PAVEMENT OVERLAY SUN CITY TO SILVERTON ITEM DESCRIPTION UNITESTIMATED UNIT SUB NO. QUANTITY COST TOTAL 4130042 ASPHALTIC CONCRETE(ASPHALT RUBBER)(1 'A") TON 985 • oa 57 '')‘ p J"• :u, / .i ^rr^'` �:,Y:.+.-._r�� •,4'� y:i,-a>:.f .- �.— ••�.�va�::,.� �� �v.'•- .A / __� _. 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'PS::•� T..•`'f•:>.:r.'u ;,•'+` 'i7 :::�� :i� .. .r. •.v - I.} ,: .3F'i:•.:..s _aT 2=t :�,4:- •t.. .'rr •,r:,�..�,.>: ",�'... _.,: �i�r :k •moi.4 J"'"�.r .�i�-• i'11_ .:i..:• ial.:» .A.t.:.._ it•'ylY. _ .�..:t4i ;.�iv.r i''-%9...:.._....a_'r?..�..�."ice .,r•�::r.tit;.�'f_ �9a.•.t.$.. i ..:....7. ?i,. ,..•... y t:_,... '� ...:.�,..,..'.r..._.s•,. �•i.;r''�.... � .. 3 .t•...�� ••..a.,a.,-..L�r: .•:�'.a_- ,..., a w.,.,.r--��•i{:i:•.r- TOTAL 97f TOTAL BID AMOUNT IN NUMBERS FOR RANCHO VISTOSO BOULEVARD PAVEMENT OVERLAY,SUN CATY TO SILVERTON,ALTERNATIVE $ 3 _r7,5. co TOTAL BID AMOUNT IN WORDS FOR RANCHO VISTOSO BOULEVARD PAVEMENT OVERLAY, SUN CITY TO SILVERTON,ALTERNATIVE A///vr , 7- 7-my re_sow o 1)iii }7e��J _' �/'4�✓ �'/Y� �'� 3. CONTRACTOR: Southern Arizona Paving & Construction Co. NAME OF COMPANY 3 OV 30 06/07 10,ATTACHMENT#1 TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: October 4, 2006 TO: HONORABLE MAYOR & COUNCIL FROM: Phil Trenary, Operations Division Manager SUBJECT: Resolution (R ) 06 - 83 designating an Application's Agent for the Town of Oro Valley to submit claims to and receive funds from the State of Arizona Division of Emergency Management and/or FEMA for flood/storm damage that occurred within the Town during Governor Napolitano's storm damage declaration period, July25 - August 4, 2006. SUMMARY: The Town of Oro Valley's drainage system sustained severe erosion problems in specific locations during the monsoon storms from July 25 - August 4, 2006. The Town of Oro Valley will be filing two claims under the Governor's disaster declaration to repair the damaged areas. Attachment #2, items 1 and 3 is a description of damage and cost estimates. To fulfill State and Federal requirements it is necessary for council to designate an Applicant's Agent by resolution. ATTACHMENTS: 1. Resolution (R) 06- , 2. Statement of Damage in Oro Valley, AZ FISCAL IMPACT: The fiscal impact of the Town will be 10% of the project's cost. RECOMMENDATION: The Department of Public Works, Operations Manager, recommends approval of the resolution naming David Andrews, Town Manager as the Applicant's Agent for business interactions with State/Federal emergency management agencies. TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 2 of 2 SUGGESTED MOTION: The Town Council may wish to consider one of the following motions: I move to approve Resolution (R) 06-83 designating an Applicant's Agent for the Town of Oro Valley. Or I move to deny Resolution (R) 06-83 . GO 6 ,,,_, P irenary, :ra ' n Div. Mgr. 7\c r Craig C. alier, Town Engineer (1,_ ‘ " CiAttik_ 1--)Le Phi •' Sal a, Interim Assistant Town Mgr �I�LT�l���Gc�q. . David Andrews, Town Manager i RESOLUTION NO. (R) 06- 83 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, AUTHORIZING THE TOWN MANAGER TO SUBMIT CLAIMS TO, AND RECEIVE FUNDS FROM, THE STATE OF ARIZONA DIVISION OF EMERGENCY MANAGEMENT ON BEHALF OF THE TOWN FOR FLOOD/STORM DAMAGE SUFFERED BY THE TOWN FROM JULY 25 THROUGH AUGUST 4, 2006. WHEREAS, the Governor of Arizona declared a flood emergency in southeastern Arizona as a result of flood damage caused from July 25, through August 4, 2006; and WHEREAS, at the request of the Arizona Governor, the President of the United States declared southeastern Arizona to be eligible for federal disaster relief as a result of flood damage caused from July 25, through August 4, 2006; and WHEREAS,the Town of Oro Valley is located in the declared flood emergency area that is now eligible for federal disaster relief by order of the President of the United States; and WHEREAS, from July 25, through August 4 of 2006, the Town of Oro Valley suffered severe damage to its storm-water drainage system as a result of flooding; and WHEREAS, in order to expedite federal funding for repairs to the Town's storm-water drainage system caused by flooding from July 25, through August 4, 2006, it is in the best interest of the Town to authorize the Town Manager to submit claims to, and receive funds from, the State of Arizona Division of Emergency Management on behalf of the Town for flood/storm damage suffered by the Town from July 25 through August 4, 2006. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Oro Valley, Arizona, authorizing the Town Manager to submit claims to, and receive funds from, the State of Arizona Division of Emergency Management on behalf of the Town for flood/storm damage suffered by the Town from July 25 through August 4, 2006. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona this 4th day of October , 2006. TOWN OF ORO VALLEY Paul H. Loomis, Mayor ATTEST: APPROVED AS TO FORM: Kathryn Cuvelier, Town Clerk Melinda Garrahan, Town Attorney C:\Documcnts and Settings\jandrews\Desktop\Trenary Resolution\FEMA Resolutiondoc Town of Oro Valley Attorney's Office/ca/060105 I r! ATTACHMENT 2 DAMAGE IN ORO VALLEY, AZ FROM FLOODS OF JULY 26-AUG. 4, 2006 Background: Since about mid-July 2006, Pima County and its associated communities including the Town of Oro Valley have experienced monsoonal rains. These rains have increased the antecedent soil moisture and created a situation that was conducive for the high runoff rates that were experienced as a result of storms over Pima County during the period July 26-August 4, 2006. These dates coincide with those included in the Arizona Division of Emergency Management's request for Federal assistance (Declaration number PCA 27001). Specifically, in Oro Valley during the period of July 21-August 4, 2006, there are reports of 8-10 inches of rain with a majority of this rain occurring between July 26- August 4. Flow in washes has been reported to be the highest that local residents have seen in their 20+years of living by the wash. Specific Areas Requiring Mitigation and Drainage Improvement: Damage in the form of severe bank erosion and channel migration, sedimentation, and operational failure of detention structures have created problems on the following washes which require mitigation or Town residents and highway infrastructure will be at risk should large flows recur prior to any repairs. 1. Lomas de Oro Wash: The wash is located in Sections 15 and 22, Township 12 South, Range 13 East and is tributary to the Canada del Oro (CDO) Wash. Flood flows that occurred as a result of rainfall events during the period July 26-August 4, 2006 have eroded 4-6 feet from existing banks. Without temporary mitigation in key areas, recurrence of a similar flood will cut through the remaining bank and cause flooding throughout a 34 home subdivision or remove structures which residents have placed on their property. We estimate mitigation cost to return the wash banks to a more original condition to be about$60,000. To make drainage improvements that will permanently protect the banks from erosion and prevent channel migration as well as allow for all-weather access to the subdivision, we estimate a cost of about$1,200,000. 2. Chalk Wash through Sun City: The wash is located in Sections 19 and 20, Township 11 South, Range 14 East and is tributary to Big Wash. Flood flows which occurred during the declaration period, July 26-August 4, 2006, caused significant bank erosion and migration at 2 or 3 locations along the wash. This degradation places residents' property and homes in jeopardy during future flood events. There has also been significant sedimentation in the lower reach of the wash to the point that the channel is essentially not discernable. Additionally, a large detention basin located northwest of Del Webb Blvd. has experienced much erosion and debris accumulation due to the large inflows. The basin requires 1 erosion repair and maintenance to return it to an operational state or the roadway below it could be adversely affected should other large inflows occur. Costs for the mitigation on Chalk Wash are estimated at$80,000. For permanent drainage a irovements on the entire reach of the wash through Sun City, we p estimate a cost of about$600,000. Wash at Tangerine Road: This wash and problem area is located in 3. Highlandsg . Township11 South, Range 13 East and the wash is tributary to the Section 3 6, g CDO Wash. Flood flows that occurred between July 26-August 4, 2006 caused severe erosion above a conarch culvert which conveys water under Tangerine Road and also contains a walking and bike trail. The damage to be mitigated is immediatelyupstream of gabions which form the entrance for flows through the p culvert. The mitigation is necessary to maintain the integrity of the drainage system under a major roadway. Estimated mitigation cost is $50,000. For more permanent improvements upstream of the gabions which would reduce flow velocities and erosion as water p enters the culvert area,we estimate a cost of about $150,000. 4. Canada del.Oro Wash downstream of Pusch View Lane Bridge: This area is located in Section 12, Township12 South, Range 13 East. During flood flows in the CDO Wash between July 26-August 4, 2006, waters entered private lots on the south side of Lambert Lane and immediately downstream from the bridge. To reduce the chance of inundation of these properties from flood flows in the CDO Wash, a temporary berm with rock protection is needed. The estimated cost of this mitigation is $30,000. To install a more permanent levee with bank protection would cost about$200,000. 5. Canada del Oro Wash south of the Villages of La Canada: This area is located in Section 14, Township 12 South, Range 13 East. Homes in the subdivision along Annandale Way are protected by a low berm/levee along the CDO Wash and by a block wall at the back of their property. The block wall has periodic openings to allow water from the subdivision to drain out. During the flood events of July 26- August 4,2006, the berm along the CDO Wash that was to keep water out of the subdivision was overtopped and water from the wash entered the subdivision. necessary Mitigation isto ensure that protection from flows in the CDO Wash is g adequate and functioning as designed and that the drainages which convey flows from the subdivision are operating as designed. Mitigation costs are estimated at$20,000. A more permanent solution to include elevation of the berm/levee and bank protection is estimated to cost about $400,000. If there are an uestions concerningof the preceding descriptions,please contact either qY Phil Trenary(PWorks, Operations Division Manager) at 520-229-4868 or Rich Hawkinson(Stormwater Management Program) at 520-229-4879. 2 J ORO VALLEY WATER UTILITY MEMORANDUM ****_ — TO: Honorable Mayor & Council Members FROM: Philip C. Saletta, P.E., • g Assistant Town Manager/ Water Utility Director (j)/ Jg � - DATE: September 21, 2006 SUBJECT: Report on Drought Response Plan and Possible Code Changes Regarding Hot Water Recirculation Systems, Graywater, Rainwater Harvesting and Backflow Prevention. CC: David Andrews, Town Manager Kevin McCaleb, Water Conservation Specialist The purpose of this report is to update Council on recent water conservation activities, specifically drought response planning and previously discussed building and water code changes. Pursuant to recent legislation (HB2277), Water Utility Staff are in the process of drafting a Drought Response Plan. In addition and at the direction of Council, Water Utility Staff have been researching potential changes to the Town Code as it relates to hot water recirculation systems, rainwater harvesting and graywater. These items were discussed at the February, 2006 Council meeting and staff indicated that they would update Council in October of this year after further research was conducted. Utility Staff have also been working on revisions to the existing Backflow Prevention and Cross-Connection Control section of the Water Code. These items have had a preliminary review by the Water Utility Commission. Further review and discussion will occur at the Water Utility Commission meeting on October 9th. The following is an update of the work in progress: Drought Response Plan: Recent legislation, specifically House Bill 2277, requires water providers to submit a Drought Response Plan to the Arizona Department of Water Resources on or before January 1, 2007. The Plan must include drought and emergency response strategies, a plan of action to respond to water shortage conditions and provisions to inform and educate the public. The Town currently has a Water Conservation Ordinance that identifies regulations and use restrictions to manage water during periods of water shortage due to limitations on system delivery capacity. This Drought Response Plan will be implemented when weather related limitations occur based on measurable criteria. These criteria or "triggers" will be specified for specific drought conditions and actions will be implemented to reduce water consumption. The Drought Response Plan would have "triggers" related to specific drought conditions that would be evaluated every three months. Water customers would be informed and then required to reduce water consumption depending on the conditions and stages of drought. Surcharges and/or penalties would be imposed on customers that did not meet the required reduction in water use. This plan is anticipated to be drafted by early October and presented to the Water Utility Commission on October 9th. It is planned to be presented at the November 15 tn Council Meeting for approval. HB 2277 requires the plan to be submitted to the Arizona Department of Water Resources on or before January 1, 2006. Hot Water Recirculation Systems: To facilitate the use of "point of service" hot water recirculation systems, staff will be recommending a change to the Building Code to mandate the installation of additional electrical outlets under bathroom sinks and kitchen sinks during the construction of homes. Should this change be implemented, it would make the installation and use of point of service hot water recirculation systems relatively easy and cost effective for the homeowner. Utility Staff is working closely with Building Safety Staff to develop the necessary language for the recommended change. Additionally, Utility Staff has been communicating with SAHBA representatives to obtain their input on the potential change. Additional discussions with SABHA and Building Safety will occur and then presented to the Water Utility Commission on October 9th. A Study Session could be scheduled to discuss this item along with graywater and rainwater harvesting later this year or early next year with a request for approval at the following Council Meeting. Rainwater Harvesting: Water Utility Staff have been researching issues pertaining to passive and active rainwater harvesting for residential customers. There are on-going discussions between Utility Staff, the Town Engineer and the Development Review Manager regarding potential amendments to the Water Code and/or the Building Code. The Water Code and the Building Code do not currently preclude a residential customer from utilizing harvested water to supplement landscape needs; therefore, no changes to the existing codes are needed with regard to single family residential customers. However, additional language may be included in the Water Code that expressly states that rainwater harvesting is allowed for single family residential customers. In addition, it will be recommended that language be added in the Water Code that expressly states that rainwater harvesting for commercial developments is allowed, but plans must be submitted and approved with the drainage criteria report. All active rainwater catchment systems, residential or commercial, would require compliance with the Town's Backflow Prevention and Cross-Connection Control Ordinance. This item is nearly complete and will be presented to the Water Utility Commission on October 9th. Again, a Council Study Session could be scheduled on this item late this year or early next year as indicated above. . 1 2 Graywater: The use ofYw ra ater for landscape irrigation is a viable conservation tool; however, g . improper use of graywater has potential health risks. Water Utility Staff has done g Yw extensive research on the use of graywater. The location of homes near washes and theroximit of neighbors will make it difficult for many residents to use graywater and p Y g staywithin the ADEQ guidelines. Mandating the installation of dual piping in new construction forra ater irrigation will increase the cost of the home and the g Yw g homeowner maynot be able to use it. The International Plumbing Code already contains specifications for the installation of graywater systems. Staff will be recommending changes to the Water Code allowing graywater systems. However, based upon research to date, Staff will not be recommending that piping for graywater systems be mandated by Code, but rather each home be handled on a case-by-case basis if the homeowner or developer is requesting the optional dual piping for a graywater system. This item is complicated and still under study. It is planned to be presented to the Water UtilityCommission on October 9th. Again, a Council Study Session could be scheduled on this item late this year or early next year as indicated above. Backflow Prevention and Cross-Connection Control: The ordinance for the current backflow prevention and cross-connection control section of the Water Code was adopted in 1998. Additions and updates are required for backflow testing criteria and notification. Under the Water Code, the Utility also has the authority to require backflow prevention assemblies for fire systems, reclaimed water services, and graywater systems. There is need to "clean-up" general language contained in the existing ordinance. Staff will be recommending Code changes on all of these items. This is currently being reviewed by Legal Staff and will be presented to the Water Utility Commission in October or November. Presentation to Council is planned for December or January. Water Utility Staff will continue to work out the details of all of these projects, working with other Town Departments, SABHA and/or interested parties, prior to presenting the information to the Water Utility Commission. Upon the Commission's recommendations, each project will be presented to the Town Council for consideration. 3 TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: October 4, 2006 TO: HONORABLE MAYOR & COUNCIL FROM: Roxana Garrity, Deputy Town Clerk SUBJECT: PUBLIC HEARING — APPROVAL OF AN APPLICATION FOR A PERSON AND LOCATION TRANSFER OF A SERIES 09 (LIQUOR STORE) LIQUOR LICENSE FOR WAL-MART T NEIGHBORHOOD MARKET #4264 LOCATED AT 7951 N. ORACLE ROAD SUMMARY: An appLocation Transfer Store) Liquor License for Ms. Clare Abel licat�on for a Person and � Series 09 (Liquor itted for Wal-Mart Nei hborhood Market #4264 located at 7951 N. Oracle Road. and principals has been subm g In accordance with Section 4-201 of the Arizona Revised Statutes, the application was posted for 20 days the on 2006 of theapp licants' property. No protests were received during commencing August 17, premises that time. has conducted a background investigation on the applicants. He has found no derogatory Chief Sharp g information on the applicants; he has no objections therefore, to the approval of the Person/Location Transfer of the Series 09 Liquor License. eries 09 Liquorp License description: Liquor Store (All spirituous liquors.) The purpose of a Series 09 Liquor License is to allow a spirituousliquor store retailer to sell all spirituous liquors, only in the original unbroken q package, to be taken awayfrom the premises of the retailer and consumed off the premises.) Series 09 Liquor License is aQUOTA LICENSE which means there are no new Series 09 licenses A Se q It must bepurchased privatelyand the price is based on availability in the county. Once a Series available. 09 has been purchased, apply a transfer to have the license put in his or her name at the the bu yer must pp.Y same or another location.) ATTACHMENTS: 1. Memorandum from Police Department 2. Liquor License Application 3. License Description from Arizona Department of Liquor Licenses SUGGESTED MOTION: I move to recommend approval of the request for a Person and Location Transfer to the Arizona State Liquor Board for a Series 09 Liquor License at Wal-Mart Neighborhood Market #4264 located at 7951 N. Oracle Road. Depa ent Head / ./ _ Town Manager • AAA.EY 741 Tao6 0� . .`2 11000 N. La Canada Dr. Oro Valley, Arizona 85737 f" Phone (520) 229-4900 FAX (520) 797-2616 DANIEL G. SHARP, Chief of Police Www.ovpd.org x � NDE D ORO VALLEY POLICE DEPARTMENT "INTEGRITY, PRIDE, EXCELLENCE" TO: Kathryn Cuvelier FROM: �►,, ,Daniel G. Sharp RE: Background Investigation, Application for Liquor License Wal-Mart Neighborhood Market #4264 7951 N. Oracle Road On August 28, 2006, the Oro Valley Police Department completed the standard background check on Wal-Mart #4264 Agent Clare Able and principals Ricky Brazile, Carlos Lomeli, Harold Scott Jr, David Bullington, & Robin Forbis. The Oro Valley Police Department has no objection for the issuance of a liquor license to Wal-Mart Neighborhood Market#4264 at 7951 N Oracle Road. ' U 1...0 ;yam .. OF LIQUOR LICENSES & CONTROL ARIZONA DEPARTMENT Q 400 W Congress #521 800 W Washington 5th Floor Tucson AZ 85701-1352 Phoenix AZ 85007-2934 (520) 628-6595 (602) 542-5141 APPLICATION FOR LIQUOR LICENSE TYPE OR PRINT WITH BLACK INK Notice: Effective Nov.1,1997,All Owners,AgentsPartners,Stockholders,Officers,or Managers actively involved in the day to day s roved liquor law training course or provide proof of attendance within the last five operations of the business must attend a Department a pp q years. See page 5 of the Liquor Licensing requirements. SECTION 1 This application is for a: SECTION 2 Type of ownership: 5 0 J.T.W.R.O.S. Complete Section 6 ❑ INTERIM PERMIT Complete Section ❑ INDIVIDUAL Complete Section 6 ❑NEW LICENSE Complete Sections 2,3,4, 13, 14, 15, 16, 17 - PERSON TRANSFER(Bars&Liquor StoresONLY) 0 PARTNERSHIP Complete Section 6 CORPORATION Complete Section 7 Sections 2, Complete 3,4, 11, 13, 15, 16, 17 53 Stores ONLY) 0 LIMITED LIABILITY CO. Complete Section ® LOCATION TRANSFER(Bars and Liquor ❑ CLUB Complete Section 8 Complete Sections 2,3,4, 12, 13, 15, 16, 17 DECREE 0 GOVERNMENT Complete Section 1D ❑PROBATE/WILL ASSIGNMENT/DIVORCE ❑TRUST Complete Section 6 Complete Sections 2,3,4, 9, 13, 15, 17(fee not required) Complete Sections 2,3,4, 10, 13, 15, 16,17 0 OTHER Explain ❑GOVERNMENT p SECTION 3 Type of license and fees: LICENSE#: 09100273 -.:r rT�, 200 , 00 -- 1. Type of License:_ Series 9 - L i tore 2.Total fees attached: $ cAPPLICATION FEES (IF APPLICABLE)ARE NOT REFU1�'DABL.E. '�'APPLICATION FEE AND INTERI�'Vt PE�'.111IT �-- A seryice fee of$25.00 will be charged for all dishonored checks(A.R.S.44.6852) ._ M1.1111 I'� /� N•/ Applicant: Alla applicants must complete this section) / U" 3 7 r-- SECTION 4 App ( PP Mr. Clare Hollle p 1.Applicant/Agent's Name: Ms. Abel -r.](Insert one name ONLY to appear on license) Last First Middle t Stores Inc . Q l (I 1-•:) Wal-Mart , m r o 2. Corp./Partnership/L.L.C.: (Exactly as it appears on Articles of Inc.or Articles of Org.) in 3. Business Name: Wal-Mart Neighbo h0od'-.Market # 4264 (Exactly as it appears on the exterior of premises) - - - - Oro Val ley _ _....)& it'-Ft.V..-1- : 1.--/--'', .)0 4 --- usiness Address: 7951 North Oracle Rd -, 4. B COUNTY Zip (Do not use PO Box Number) City �' 5. Business Phone:( / Residence Phone:( 602) 277-5575 � - =� �= n 6. Is the business located within the incorporated limits of the above city or town? OYES ONO 702 S .W. 8th Street, Bentonville, AR 72716-0555 7. Mailing Address: City State Zip Enter the amount paid for a 06,07,or 09 license: $ 54,626.00 (Price of License ONLY) 8. DEPA TMENT USE ONLY ///O(/' Lrc.#ted bae: 4Accep y Dto Fees. 2ODeo, $ OJ ci TOTAL Application Interim Permit Agent Change Club F. Prints PP . PROCESSING APPLICATIONS TAKES APPROXIMATELY 90 DAYS,AND CIRCUMSTANCES OFTEN RESULT IN A LONGER WAITING PERIOD. You ARE CAUTIONED REGARDING PLANS FOR A GRAND OPENING,ETC.,BEFORE FINAL APPROVAL AND ISSUANCE OF THE LICENSE. LIC 0100 05/2004 *Disabled individuals requiring special accommodation,please call(602)542-9027. SECTION 5 Interim Permit N/A operate business while your application is pending you will need an Interim Permit pursuant to A.R.S.4-203.01. 1. If you intend to 2. There MUST be a valid license of the same type you are applying for currently issued to the location. 3. Enter the license number currently at the location. 4. Is the license currently in use? 0 YES 0 NO If no,how long has it been out of use? ATTACH THE LICENSE CURRENTLY ISSUED AT THE LOCATION TO THIS APPLICATION. I, ,declare that I am the CURRENT OWNER,AGENT,CLUB MEMBER, (Print full name) PARTNER,STOCKHOLDER OR LICENSEE of the stated license and location. of State of County X The foregoing instrument was acknowledged before me this (Signature) day of Day Month Year My commission expires on: (Signature of NOTARY PUBLIC) Cr) ..Ly SECTION 6 Individual or Partnership Owners: N/A EACH PERSON LISTED MUSTS SUBMIT A COMPLETED FORM"LIC0101",AN"APPLICANT"TYPE FINGERPRINT CARD,AND$24 FEE FOR EACH CARD. �Y 1—Individual: Zi f�=� Last First Middle %Owned Residence Address City State p o� Partnership Name:(Only the first partner listed will appear on license) Last First Middle %Owned Residence Address City State Zip General Limited ❑ ❑ o�Q ❑ ❑ ❑El ❑ (ATTACH ADDITIONAL SHEET IF NECESSARY) 2. Is any person,other than the above,goingto share in the profits/losses of the business? 0 YES 0 NO --.01111) 2 & Control Page 1 0 ADLLC: Arizona Department of Liquor Licenses f2 r ' ' n r J 1 ),,k,,-,,,,I, ArizonDepartment of Liquor Licenses and Control ( % .. ,,, ,, v. „. NEWS FLASH! NEW RULES RENEWALS ONLINE FORMS 800 W.Washington, 5th Floor 400 W. Congress,#521 Phoenix,AZ 85007 Tucson,AZ 85701 Phone: (602)542-5141 Phone: (520)628-6595 Fax(602)542-5707 Fax: (520)628-6620 E-mail: ligr@azll.com Hours: Monday through Friday 8:00 a.m.to 5:00 p.m. except holidays. LicenseTypes: 09 Liquor DLLC 1iquors ry.������-.�---�-ense All spiritous Store Lac Transferable (From person to person and/or location to location S, Home triving the same county only) Off-sale retail privileges Itrilgina WI. } , Renewals Note: Terms in BOLD CAPITALS are defined in the glossary. r Licensing PURPOSE: 0:*:,:il NV) t Training Allows a spirituous liquor store retailer to sell all spirituous liquors, only in the original unbroken package, to be taken away from the Leesa Berens Morris, Tjnatjon premises of the retailer and consumed off the premises. Director ADDITIONAL RIGHTS AND RESPONSIBILITIES: So , Laws Dr'a ,.:g and Dn* - ale privileges maydeliver spirituous liquor off of �f ' , A retailer with offs p g . ,. r � - - the licensed premises in connection with a retail sale. Payment d r About DUX must be made no later than the time of DELIVERY. The retailer must complete a Department approved "Record of Delivery" form B's STORY it . for each spirituous liquor reta delivery. JACO(.PDF) On any original applications, new managers and/or the person COMMERCIAL CLIE Comments responsible for the day-to-day operations must attend a basic an (5MB .Mov) management training class. "MY PROM PROMIS A licensee acting as a RETAIL AGENT, authorized to purchase and accept delivery of spirituous liquor by other licensees, must (.Doc) receive a certificate of registration from the Department. A PREGNANCY WARNING SIGN for pregnant women consuming spirituous liquor must be posted within twenty (20) feet of the cash FAQ's register or behind the bar. AVERAGE APPROVAL TIME: Sixty-five (65) to one-hundred five OVERVIEW OF THE LICENSING PROCEE 08/16/2006 http://v��►Nw.azll.com/1ic09.htm i%Illaw t AFFIDAVIT Sam's West, Inc. is a wholly owned-subsidiary of Wal-Mart Stores, Inc. Wal-Mart Stores, Inc. stock is publicly traded on the New York and Pacific Stock Exchanges with 11 billion shares authorized and approximately 4,165,000,000 shares issued as of January 31, 2006. wk -1.74 t 4_.. ...:.i.. Robin E. Forbis—Sr. V. P. Finance '. ' '..WM 1_•.w.w I r— ..7":,- .:, STATE OF%NIP' ARKANSAS ) '� M• ) p COUNTY OF BENTON ) r ru co Sworn to and subscribed before me this 1 I day of 2006, by e 1030VC1M4i?,,j‘. Robin E. Forbis e 0-4.--4.4 , ... iii '.•` t- .... �f.M5i.c mmission expires Z3, 2.z)i 1(..: 0: ! ..... ,..•• . . . ,... ......... , ;.. . _ . V••• ',1:St, ' _.;'a., ' ,•...- ; WIMOlt '''''CiL.s". s•4':`Notary Public ADLLC. Arizona riz De of Liquor Licenses & Control Page 2 of 2 Department q (105) days.da s. GLOSSARY OF TERMS PERIOD OF ISSUANCE: One (1) year with option to renew. LICENSING FORM: FEES: This is a QUOTA LICENSE, which means there are no "new" Series 09 licenses available. It must be purchased privately and thep rice is based on availability in the county. Once a Series 09 has been purchased, the buyer must apply for a transfer to have the license put in his or her name at the same or another location. Non-refundable person (ownership) transfer fee: $100.00 Non-refundable location transfer fee: $100.00 Fingerprint fee per card: Contact Department Interim Permit fee (not allowed on location transfer): $100.00 Upon approval: Final fees for a person (ownership) transfer: $300.00 Final fees for a location transfer: $100.00 Final fees for a person/location transfer: $400.00 Annual renewal fee (includes SURCHARGE): $120.00 ARIZONA STATUTES AND REGULATIONS: ARS 4-201, 4-202, 4-203, 4-206.01, 4-209(B)(9), 4-209(D)(9), 4- 222, 4-261; Rule R19-1-206, R19-1-214. top of page !TI.W+IMfM'NNINM.b%JM�NANW<Y!^et.W Nxwwa+dC4aW<lMwwv<x+.[QPM:.NtiIMMHR![Yn'N1II5✓x'M!W:09+RU[•lkElwr.<+NeAYCwvn.N<+MLVMW..%<MaW'MW:N^wM!hRM+fxMR.M.WvIiMM?�M.wIAN:4MdLIlOnwNrotiNOCD'JM'ft%AYVl4b';0'A'tNN�'4w1YGY:4'N4tL0A1tM'J'M.W4MWWElQ4%vdM.VIfP.MIWB^'M:HdOIM�:)L HOME PAGE RENEWALS LICENSING TRAINING INFORMATION LAWS ABOUT DLLC QUERY ADLLC: Arizona Department of Liquor Licenses &Control Copyright;© 1997-2006, all rights reserved. design by Tw http://www.az11.com/lic09.htm 08/16/2006 3 TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: October 4, 2006 TO: HONORABLE MAYOR & TOWN COUNCIL FROM: Steven Faaborg, Senior Civil Engineering Technician SUBJECT: Ordinance No. (0)06-17 , Annexing the La Canada Drive right-of-way between Rancho Feliz Drive and Calle Concordia and the Calle Concordia right-of-way between La Canada Drive and Calle Loma Linda. SUMMARY: Presently the Oro Valley Town Boundary falls along the east right-of-way line of La Canada Drive south of Rancho Feliz and along the north right-of-way line of Calle Concordia between La Canada Drive and Calle Loma Linda. This has caused a lack of continuity in maintenance operations and confusion among the public as to who is responsible for maintenance of these street segments. Arizona state law contains a provision (ARS 9-471 N) which allows annexation of "a county right-of-way or roadway with no taxable real value" by mutual consent. Pima County will bring this annexation before the County Board of Supervisors should it be approved by the Oro Valley Town Council. ATTACHMENTS: Ordinance No. (0)06 -17, Legal description and Map of the area to be annexed. FISCAL IMPACT: Yearly maintenance costs would average approximately $34,500, including signage, sweeping, striping, crack-sealing and surface maintenance. This figure is based on a typical average cost of$0.75 per square yard of paving per year. RECOMMENDATIONS OF STAFF: The Department of Public Works recommends approval of Ordinance No. (0)06 -17 , Annexing the La Canada Drive right-of-way between Rancho Feliz Drive and Calle Concordia and the Calle Concordia right-of-way between La Canada Drive and Calle Loma Linda. TOWN OF ORO VALLEY COUNCIL COMMUNICATION PAGE 2 OF 2 SUGGESTED MOTION: I move to approve Ordinance No. (0)06-17 , Annexing the La Canada Drive right-of-way between Rancho Feliz Drive and Calle Concordia and the Calle Concordia right-of-way between La Canada Drive and Calle Loma Linda. or I move to deny Ordinance No. (0)O61 Annexing the La Canada Drive right-of-way between Rancho Feliz Drive and Calle Concordia and the Calle Concordia right-of-way between La Canada Drive and Calle Loma Linda. Craig CivaW, P.E., Town 4gineer /3/, , 4:44 LA-Ay Philip Saletta, P.E., Acting Assistant Town Manager David Andrews, Town Manager ORDINANCE NO. (0) 06. 17 AN ORDINANCE EXTENDING AND INCREASING THE CORPORATE LIMITS OF THE TOWN OF ORO VALLEY, ARIZONA, PURSUANT TO THE PROVISIONS OF TITLE 9, CHAPTER 4, ARTICLE 7, ARIZONA REVISED STATUTES AND AMENDMENTS THERETO, BY ANNEXING THERETO CERTAIN TERRITORY CONTIGUOUS TO THE EXISTING TOWN LIMITS OF THE TOWN OF ORO VALLEY, ARIZONA — LA CANADA DRIVE RIGHT-OF-WAY BETWEEN RANCHO FELIZ DRIVE AND CALLE CONCORDIA AND THE CALLE CONCORDIA RIGHT-OF- WAY BETWEEN LA CANADA DRIVE AND CALLE LOMA LINDA WHEREAS, as an alternative to the procedures established in ARS §9-471 requiring a petitionprocess,rocess, a county right-of-way or roadway with no taxable real property may be annexed to an adjacent city or town by mutual consent of the governing bodies of the county and city or town if the property annexed is adjacent to the annexing city or town for the entire length of the annexation and if the city or town and county each approve the proposed annexation as a published agenda item at a regular public meeting of their governing bodies; and WHEREAS, an annexation shall become final after the expiration of thirty days from the adoption of an ordinance annexing the territory by the city or town governing body, provided the annexation ordinance has been finally adopted in accordance with procedures established by ARS § 9-471; and WHEREAS, the La Canada Drive right-of-way between Rancho Feliz Drive and Calle Concordia and the Calle Concordia right-of-way between La Canada Drive and Calle Loma Linda are county rights-of-way or roadways with no taxable real property; and WHEREAS, the La Canada Drive right-of-way between Rancho Feliz Drive and Calle Concordia and the Calle Concordia right-of-way between La Canada Drive and Calle Loma Linda are adjacent to the Town of Oro Valley for the entire length of the annexation; and WHEREAS, the Mayor and Council of the Town of Oro Valley, Arizona, desire to extend the corporate limits of the Town of Oro Valley to include the La Canada Drive right-of-way between Rancho Feliz Drive and Calle Concordia and the Calle Concordia right-of-way between La Canada Drive and Calle Loma Linda; and WHEREAS, the Pima County Board of Supervisors desires to grant its consent allowing the Town of Oro Valley to extend the corporate limits of the Town of Oro Valley to include the La Canada Drive right-of-way between Rancho Feliz Drive and Calle Concordia and the Calle Concordia right-of-way between La Canada Drive and Calle Loma Linda; and WHEREAS, the provisions of ARS § 9-471, and amendments thereto, have been fully observed. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, AS FOLLOWS: SECTION 1. That the following described territory shall be annexed to the Town of Oro Valley, Arizona once approved by the Pima County Board of Supervisors, and that the present corporate limits be extended and increased to include the following described territory contiguous to the present Oro Valley limits, as fully described in Exhibit "A", attached hereto and incorporated herein by this reference. SECTION 2. That all ordinances and part of ordinances in conflict herewith be repealed to the extent of such conflict. SECTION 3. That this Ordinance and the various parts thereof are hereby declared to be severable. If any section, subsection, sentence, clause, word or phrase of this ordinance is, for any reason, held to be unconstitutional, such holdings shall not affect the validity of the remaining portion of this ordinance. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona this 4th day of October , 2006. 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:\Annexation\Rancho Feliz-Calle Concordia-Calla Loma Linda\ordinance.doc Town of Oro Valley Attorney's Office/ca/090606 EXHIBIT "A" LEGAL DESCRIPTION AND MAP Exhibit A La Canada Drive and Calle Concordia rights-of-way Legal Description Commencing at the center of Section 23, Township 12 South, Range 13 East, thence 9 North 89 degrees 38 minutes 58 seconds East 30.00 feet along the centerline of Calle Concordia; thence South 00 degrees 11 minutes 15 seconds East 45.00 feet to the Point of Beginning, said point being on the south right-of-way line of Calle Concordia and the east right-of-way line of Calle Loma Linda; thence South 89 degrees 46 minutes 46 seconds West 958.33 feet along the south right-of-way line of Calle Concordia to a point on a tangent curve concave to the southeast; thence westerly and southwesterly along the arc of said curve to the left, having a radius of 955 feet and a central angle of 28 degrees 46 minutes 46 seconds, 479.69 feet to a tangent line; thence South 61 degrees 00 minutes 00 seconds West 224.30 feet to ap oint on a tangent curve concave to the northwest; thence southwesterly and westerly along the arc of said curve to the ,ri hthavinga 9 radius of 1,045 feet and a central angle of 29 degrees 02 minutes 10 seconds, 529.58 feet to a tangent line; thence North 89 degrees 57 minutes 50 seconds West 495.79 feet to a point on a tangent curve concave to the southeast; thence southwesterly and southerly along the arc of said curve to the left, having a radius of 25 feet and a central angle of 90 degrees 00 minutes 00 seconds, 39.27 feet to a non-tangent line; thence North 89 degrees 57 minutes 50 seconds West 150.00 feet to a point on the west right-of-way line of La Canada Drive; thence North 00 degrees 02 minutes 10 seconds East 422.35 feet; thence North 00 degrees 03 seconds 52 minutes West 2,319.96 feet to a point on the Oro Valley Town Boundary; thence North 89 degrees 56 minutes 08 seconds East 150.00 feet to a point on the east right-of-way line of La Canada Drive and the Oro Valley Town Boundary; thence South 00 degrees 03 minutes 52 seconds East along said Oro Valley Town Boundary 2,319.96 feet; thence South 00 degrees 02 minutes 10 seconds West 282.35 feet to a tangent curve concave to the northeast; thence southeasterly and easterly along the arc of said curve to the left, having a radius of 25 feet and a central angle of 90 degrees 00 minutes 00 seconds, 39.27 feet to a tangent line; thence South 89 degrees 57 minutes 50 seconds East 495.79 feet to a point on a tangent curve concave to the northwest; thence easterly and northeasterly along the arc of said curve to the right, having a radius of 955 feet and a central angle of 29 degrees 02 minutes 10 seconds, 483.97 feet to a tangent line; thence North 61 degrees 00 minutes 00 seconds East 224.30 feet to a point on a tangent curve concave to the southeast; thence easterly and northeasterly along the arc of said curve to the left, having a radius of 1,045 feet and a central angle of 28 degrees 46 minutes 46 seconds, 524.90 feet to a tangent line; thence North 89 degrees 46 minutes 46 seconds East 958.33 feet; thence South 00 degrees 11 minutes 15 seconds East 90.00 feet to the Point of Beginning Said parcel contains 15.6 acres, more or less. La Canada & Calle Concordia ROW 10 1 if .„.. g --- 1> 1 , , I 2 /Z s 1 1 I 7 / 1 1 I / / . / \ --- -7_ / , \y/ , \ 2\ \ Oil jig", , --- ( _._... • ,,x , / , , r -:742. 1 1111 2 t > : I ' ----,A : ,_ . jo::,-v? 44,- ,,,,i,i.:.•,,,,- ----, ..,A I i g: 441 I rierati ir' ll 1"Adi WiliRig:i .. 7•RPM- // 111ir 10 "4. , I \ , \ 7 \ \ \ \ \ 1 , SCALE 1 : 5,694 N 500 0 500 i I - '1,000 1,500 FEET A imp) TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: October 04, 2006 TO: HONORABLE MAYOR & COUNCIL FROM: Scott Nelson, Special Projects Coordinator SUBJECT: PUBLIC HEARING - ANNEXATION ORDINANCE NO. (0) 06-18 EXTENDING AND INCREASING THE CORPORATE LIMITS OF THE TOWN OF ORO VALLEY, ARIZONA, PURSUANT TO THE PROVISIONS OF TITLE 9, CHAPTER 4, ARTICLE 7, ARIZONA REVISED STATUTES, AND AMENDMENTS THERETO BY ANNEXING THERETO CERTAIN TERRITORY CONTIGUOUS TO THE EXISTING TOWN LIMITS OF THE TOWN OF ORO VALLEY-( 2.85 ACRES, ANNEXATION AREA M .) SUMMARY: On June 21, 2006 the Mayor and Council voted to initiate the annexation process for 2.85 acres of unincorporated territory known as Annexation area M, as outlined in Oro Valley Resolution No. (R) 03-06, Oro Valley Policy for Annexation of unincorporated Land and per the requirements of Arizona State Law. This land is also in conformity with the Town of Oro Valley's voter approved General Plan. In accordance with ARS 9-471 (A)(1), the blank petition, map and legal description was filed with the Pima County Recorder on July 25, 2006. A public hearing was held on this annexation request on August 16, 2006. The required signature for this annexation was received, representing 100% of the property owners and 100% of the assessed value, was received before one year and/or 365 day; 08/25/2007 deadline. To date, no utility valuation for this area has bin received from the Arizona Department of Revenue. ATTACHMENTS : 1. Ordinance No. (0) 06-18. 2. Exhibit"A" Legal description of Annexation Area M. 3. Exhibit"B"Map of Annexation Area M. SUGGESTED MOTION: I move to adopt Annexation Ordinance No. (0) 06- 18 extending and increasing the corporate limits of the Town of Oro Valley. Special Projects Coordinator Town Manager ORDINANCE NO. (0) 06- 18 AN ORDINANCE EXTENDING AND INCREASING THE CORPORATE LIMITS OF THE TOWN OF ORO VALLEY, PIMA COUNTY, STATE OF ARIZONA, PURSUANT TO THE PROVISIONS OF TITLE 9, CHAPTER 4, ARTICLE 7, ARIZONA REVISED STATUTES AND AMENDMENTS THERETO, BY ANNEXING THERETO CERTAIN TERRITORY CONTIGUOUS TO THE EXISTING TOWN LIMITS OF THE TOWN OF ORO VALLEY, ARIZONA- (2.85 ACRES, ANNEXATION AREA M) WHEREAS, a petition in writing, accompanied by a map or plot of Annexation Area M, attached hereto as Exhibits "A & B" , having been filed and presented to the Mayor and Council of the Town of Oro Valley, Arizona, signed by the owners of more than one-half in value of the real and personal property and more than one-half of the persons owning real and personal property as would be subject to taxation by the Town of Oro Valley, Arizona in the event of annexation within Annexation Area M as shown by the last assessment of said property, which said territory is contiguous to the Town of Oro Valley, Arizona, asking that Annexation Area I more particularly described in Exhibits "A & B" be annexed to the Town of Oro Valley, Arizona, extending and increasing the corporate limits of the Town of Oro Valley ; and WHEREAS, the Mayor and Council of the Town of Oro Valley, Arizona, desire to extend and increase the corporate limits of the Town of Oro Valley to include Annexation Area M; and WHEREAS, said petition sets forth a true and correct description the boundaries of the entire area-00- proposed to be annexed to the Town of Oro Valley, and had attached thereto at all times an accurate map of the territory desired to be annexed; and WHEREAS, no alterations increasing or reducing the territory sought to be annexed have been made after the said petition had been signed by any owner of real and personal property in such territory; and WHEREAS,the provisions of ARS 9-471, and amendments thereto, have been fully observed; and WHEREAS, proper and sufficient certification and proof of the foregoing facts are now on file in the office of the Town Clerk of the Town of Oro Valley, Arizona, together with a true and correct copy of the original petition referred to herein, which is on file in the Office of the County Recorder. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY,ARIZONA, AS FOLLOWS: SECTION 1. That the following described territory be, annexed to the Town of Oro Valley, Arizona, and that the present corporate limits be, extended and increased to include the following described territory contiguous to the present Oro Valley limits, as fully described in Exhibits "A & B", attached hereto and incorporated herein by this reference including county/state lands. SECTION 2. That a copy of this ordinance, together with an accurate map of the territory hereby annexed to the Town of Oro Valley, Arizona, certified by the Mayor of said Town of Oro Valley, be forthwith filed and recorded in the office of the county recorder of Pima County, Arizona. SECTION 3. That all ordinances and part of ordinances in conflict herewith are hereby repealed to the extent of such conflict; SECTION 4. That this ordinance and the various parts thereof are hereby declared to be severable. If any section, sub-section, sentence, clause, word or phrase of this ordinance is, for any reason, held to be unconstitutional, such holdings shall not affect the validity of the remaining portion of this ordinance. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona, this 4th day of October 2006. APPROVED this day of , 2006. Paul H. Loomis, Mayor ATTEST: Kathryn E. Cuvelier, Town Clerk APPROVED AS TO FORM: Melinda Garrahan, Town Attorney CERTIFICATION OF MAP I, Paul H. Loomis, Mayor of the Town of Oro Valley, Arizona, do hereby certify that the foregoing map is a true and correct map of the territory annexed under and by virtue of the petition of the real and personal property owners in the said territory and by Ordinance No. (0) 06- annexing the territory described in Ordinance No. (0) 06- and as shown on said map as a part of the territory to be included within the corporate limits of the Town of Oro Valley, Arizona. Paul H. Loomis, Mayor ATTEST: Kathryn E. Cuvelier, Town Clerk • Exhibit "A" LEGAL DESCRIPTION ANNEXATION AREA M-2006 The East 100 feet of the North Half of the West Half of the Southeast Quarter of the Northeast Quarter and the North Half of the West 229 feet of the East Half of the Southeast Quarter of the Northeast Quarter of Section 21,Township 11 South,Range 13 East, Gila and Salt River Meridian,Pima County, Arizona,said East 100 feet and the West 229 feet are to be measured parallel to and at right angles to the East Line of said West Half of the Southeast Quarter of the Northeast Quarter; EXCEPT THEREFROM the following described property: the South 282.0 feet of the East 100 feet of the North One-Half of the West One-Half of the Southeast Quarter of the Northeast Quarter and the South 282.0 feet of the North One-Half of the West 229 feet of the East One-Half of the Southeast Quarter of the Northeast Quarter of Section 21,Township 11 South,Range 13 East,Gila and Salt River Meridian,Pima County,Arizona,said East 100 feet and the West 229 feet are to be measured parallel to and at right angles to the East line of the West One-Half of the Southeast Quarter of the Northeast Quarter. Containing 2.8 acres,more or less. •e • Prepared by r_ 2 ' DAVDA. David A.Rhine,RLS AZTEC Land Surveyin In . , .stfane, 1 2 8 5 3 0 0 4 4 6 a . s Exhibit "B" . , . . • • • 0 1 a . • i Ike 1111 v.- .. o , ----t-1 1:0OCATION _ P r i�"T IS" MAPr T 1 1 S, R 1 SE fro1 --�— ■. IA hi, .-, 1 i...11*1- .,. . , .- ,,,ia. iiki --1--... MAP OF .THE TERRITORY ,,-` TO BE NNEXED TO THE • \, --, NE TOWN OF ORO VALLEY di a,- ± —I ANNEXA TION AREA M—2 0 0 6 W. COUGAR CANYON TRAM. • li2 • 2Z ,- IA 0 l 1 I i I I . l I I - -- 1 I 6 I I I tiiiit - 7.- - r - ti. JN ..........\....... ..1_ e ..r- .1\.'111 �- — --NEW CORPORATE LIMITS'OF THE 1 TOWN OF ORO 1116„ . -._. _.. ._._. - ._. . I VALLEY _ fv —44.4 _.. ___ ___. ___ ._____,.._. ..i..— ___ ___ ___ .&. . AS1 g: , r 1 1 . 1 0 1 0 i__ ___, _ _ I/ ,., 8 I I • I_ 6� i A ful71 l r I I r___ ___ ___ ___ . 1 !II 1 I N • `�' SURVEYORS STATEMENT c p/ i• I, DAVID A. RHINE, A PROFESSIONAL LAND SURVEYOR, REGISTERED IN 24530 • THE STATE OF ARIZONA, HAVE PREPARED THIS DOCUMENT FOR EXHIBIT • DAVID A. ' ' PURPOSES ONLY AND MAY NOT BE SURVEYED/STAKED ON THE GROUND. RHINE , 14 • ,t .1.'s.'' • DAVID A. RHINE RLS, 24530 , 1101711-' ....4-etb)/ - . EXHIBIT ,.,i' , , ANNEXED AREA' OF .SECTIONS 21, Design ...•.• •• TOWNSHIP 11 SOUTH, RANGE 13 Din. OAR Ck`d "MOW�� EAST, G8cSRM, PIMA COUNTY, Scale: t" = NTS AZTEC s z` vr ARIZONA ONA „sic 777"7.-7°�'°" ''"'°' -71 • DATE: 06/05/2006 Job No. 23006 Sheet 2 of 2 w r TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: October 4, 2006 TO: HONORABLE MAYOR& COUNCIL FROM: Brent Sinclair, AICP, Community Development Director SUBJECT: PUBLIC HEARING ORDINANCE NO, O—06 - 20 AN ORDINANCE OF THE TOWN OF ORO VALLEY ARIZONA AMENDING CHAPTER 6 OF THE ORO VALLEY TOWN CODE BY ADDING ARTICLE 6 — 10, ENTITLED "HISTORIC PRESERVATION CODE" BACKGROUND: The Town Council created the Historic Preservation Commission (HPC) via Ordinance 04-45 in December 2004. Ordinance 04-45 also outlined the general scope of duties for the HPC which includes the development of a comprehensive Historic Preservation Ordinance or Code. Upon formation, the HPC appointed a Sub-Committee composed of Bob Baughman, Jim Kriegh and Al p Kunisch to develop the code. The Sub-Committee researched and reviewed selected ordinances and codes from various jurisdictions in Arizona. Workingwith Staff, the Sub-Committee proceeded to develop the draft Code taking care to customize it to address local issues. Upon completion, the draft Code was forwarded to the full 'ommission for review. On January 9, 2006, the Commission voted to approve the draft Historic Preservation erode and to forward to Town Council for consideration. On April 12, 2006, the Town Council held a Joint Study Session with the Commission to review the proposed Code and offer direction. A number of suggestions for refinement were offered and the Sub-Committee made revisions accordingly. The Commission voted to approve the revisions on May 8 and recommended to forward the proposed draft to Town Council for approval. SUMMARY OF THE CODE: Thep �u ose of the Historic Preservation Code is to provide a legal and planning framework for engaging in historic preservationValley.activities in Oro Valle . A Purpose Statement, Mission Statement and full set of objectives are delineated at the beginning. Major sections include the creation, rules, powers and duties of the Commission; designationprocess;the historic landmark the historic district designation process; Certifications of Appropriateness; and violations and enforcement. EFFECT OF THE CODE: Asresented� this code would be adopted and maintained in the Town Code as opposed to the Zoning Code. p Therefore, adopting and amendingthe code would be by Town Council action preceded by a recommendation p g by the Historic Preservation Commission. -T wever, the designations of historic districts are in essence zoning actions. Therefore, recommendations for To gn pist ric district designations would originate from the Historic Preservation Commission then proceed to the o gn g Planning and Zoning Commission and follow the rezoning procedures of the Town. TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 2 of 2 FISCAL IMPACT: Passage of this Code will have no immediate fiscal impact on the Budget. However, through time recommendations of the Historic Preservation Commission for preservation of sites and buildings will have future impact. Also, the administration of this Code may through time require additional staff and resources as the Town engages in full scale historic preservation. SUGGESTED MOTION: I move to approve Ordinance 0—06-20 Azit Community Development Director 9r 6(14_ Acting Assist t To n Manager DA.,;(1 Town Manager Attachments: 1. Ordinance 2. Historic Preservation Code 3. Minutes of Joint Study Session 4-12-06 tf ORDINANCE NO. (0) 06- 20 btrisr AN ORDINANCE OF THE TOWN OF ORO VALLEY, ARIZONA AMENDING CHAPTER 6 OF THE TOWN OF ORO VALLEY TOWN CODE BY ADDING ARTICLE 6-10, ENTITLED "HISTORIC PRESERVATION CODE" WHEREAS, on September 27, 1989, the Town Council adopted a certain document entitled "The Code of the Town of Oro Valley, Arizona"; and WHEREAS, Council has determined that it is necessary to amend Chapter 6 by adding an article for the protection, enhancement, and perpetuation of properties, areas, documents and artifacts of historic, cultural, archaeological and aesthetic significance. WHEREAS, the Council has determined that amending Chapter 6, is necessary for the economic, cultural, educational and general welfare of the public, and is found to be in the best interest of the Town. NOW, THEREFORE BE IT ORDAINED by the Mayor and Council of the Town of Oro Valley Arizona, as follows: SECTION 1. That certain document entitled, "Article 6-10, Historic Preservation Code" three copies of which are on file in the office of the Town Clerk of the Town of Oro Valley, Arizona, said document having been made a public record by Resolution No. (R) 06-73 of the Town of Oro Valle Arizona, is herebyreferred to, adopted, and made a part hereof as if fully set out in y� this Ordinance. 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 4thday of October , 2006. 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:\Boards&Commissions\OTHER\Historic Preservation Commission\Ordinance-Historic Preservation.doc A EXHIBIT "A" ARTICLE 6-10 Mb. (4111),, \\Legal\sharefiles\B&C\OTHER\Historic Preservation Commission\Resolution-Public Record.doc Town of Oro Valley Attorney's Office/08/16/06 Oro Valley Town Code Article 6-10 HISTORIC PRESERVATION CODE • Sections: 6-10-1 Purpose, Mission and Objectives 6-10-2 Relation to General Plan 6-10-3 Definitions 6-10-4 Historic Property Register 6-10-5 Historic Preservation Commission 6-10-6 Incentives 6-10-7 Historic Landmark Designation Process 6-10-8 Historic District Designation 6-10-9 Certificate of Appropriateness 6-10-10 Maintenance and Repair 6-10-11 Economic Hardship 6-10-12 Appeals 6-10-13 Violations and Enforcement 6-10-14 Severability Section 6-10-1 PURPOSE, MISSION AND OBJECTIVES A. Purpose. It is hereby declared as a matter of public policy that the Town of Oro Valley joins with the United States of America and the State of Arizona in promoting the protection, enhancement, and perpetuation of properties, areas, documents and artifacts of historic, cultural, archaeological and aesthetic significance as being necessary for the economic,cultural, educational and general welfare of the public. This is done pursuant to the provisions of the National Historic Preservation Act of 1966 as amended, the Arizona Revised Statutes, Section 9-462.01, and the establishment of this Historic Preservation Code by the Oro Valley Town Council. B. Inasmuch as the identity of people is founded on its past,and inasmuch as Oro Valley has many historic, archaeological and cultural resources which constitute its heritage, this Code is intended to: 1. Identify and preserve the historic properties that represent distinctive elements of Oro Valley's historic,archaeological, architectural and cultural heritage;maintain and foster their unique identities, which in turn helps to make the community a desirable place to live, work and visit. 2. Promote the use of historic properties for the education,pleasure and welfare of the people of the Town. 3. Foster civic pride in the accomplishments of the past. 4. Protect and enhance Oro Valley's attractiveness to visitors which also provides support and stimulus to the economy. 5. Stabilize and improve property values of rehabilitated and protected sites. 6. Provide incentives for restoration by owners of landmarks or historic properties. 11114 -4110 Page 1 of 17 Oro Valley Town Code emiN7. Provide standards for restoration of Designated Properties and for new construction within Historic Districts. C. Mission. The Mission of the Oro Valley Historic Preservation Code is to promote the educational,cultural and economic welfare of the Town of Oro Valley by ensuring the preservation of historic buildings,districts,landmarks, structures,documents,photographs and other artifacts that represent the historic background and development of the greater Oro Valley area. D. Objectives of the Oro Valley Historic Preservation Commission: 1. To maintain a Code providing for the designation and preservation of historic buildings, districts, landmarks, structures, documents, photographs and other artifacts; 2. Under the terms of the Code,to promote the designation ofhistoric landmarks and districts; 3. To keep a register of all historic landmarks and districts; 4. To conduct an ongoing survey to identify significant buildings, districts and structures within the town; 5. To inform and educate citizens concerning the history and heritage of Oro Valley; and 6. To create an appropriate design of historical markers for identification of historic landmarks and districts. Section 6-10-2 RELATION TO GENERAL PLAN The administration of this Article shall be pursued in accordance with the policies set forth in the Oro Valley General Plan. Section 6-10-3 DEFINITIONS For the purpose of this Article, certain words, phrases and terms used herein shall have the meaningassigned to them by this Section. When not inconsistent with the context,words used in the present tense include the future; words in the singular include the plural and those in the plural include the singular. The word "shall" is mandatory; the word "may" is permissive. Alteration: Any aesthetic, architectural, mechanical or structural change to the exterior surface of any part of a Designated Property as defined herein. Archaeological site: A site containing any structure, articles or remains resulting from prehistoric human life,habitation or activity, including but not limited to petroglyphs,pictographs, paintings,pottery,tools,ornamentation,jewelry,textiles,ceremonial objects,weapons,armaments, vessels or vehicles. Building: A structure created to shelter any form of activity, such as a house,barn, church, hotel or similar structure. "Building" may also refer to a historically-related complex, such as a courthouse and jail, or a farmhouse and barn. Cemetery: Any site which contains at least one burial, marked or previously marked, considered a dedicated cemetery under Arizona State Statutes, even though it may be currently suffering neglect and abuse. Certificate of Appropriateness: A document issued by the Commission, following prescribed review procedures,certifying that proposed work on a Designated Property is compatible with the historic character of the property, and therefore (1) may be completed as specified in the Page 2 of 17 Oro Valley Town Code Certificate of Appropriateness; and(2) buildingpermits needed to do the work specified in the any Certificate may be issued. Chair: The Chair of the Historic Preservation Commission or his/her designee. Chief Building Official: The Chief Building Official of the Town of Oro Valley,or his/her designee. Commission: The Historic Preservation Commission of the Town of Oro Valley,Arizona as described in this Article. Construction: Any site preparation, assembly, erection, repair, alteration or similar action (excluding demolition) for sites, structures, public or private rights-of-way, utilities or other improvements. Contributing: A classification applied to a building site,structure or object within a Historic District or Landmark property signifying that it contributes to the defining characteristics of the Historic District or Landmark. Demolition: Any intentional act or process,which totally or partially destroys a Designated Property. Designated Property: A property which has received Town designation as a Landmark,or as a Contributing Property within a Historic District, according to the provisions of this Article. Director: The Community Development ment Director of the Town of Oro Valley or his/her designee. Historic District: A geographical area whose boundaries are defined by a Historic District zoning designation which contains properties, structures, sites or objects which are considered to have historic or cultural value. Historic Property Register: The listing and defining of Designated Properties of Oro Valley as provided in this Article. Historic Resource Survey: The official historic resource survey book of the Town as produced by the Commission,listing and describing properties,structures, sites or objects(whether designated or not) which are considered by the Commission to have historic or cultural value. Integrity: A measure of the authenticity of a property's historic identity, evidenced by the survival of physical characteristics that existed during the property's historic or prehistoric period in comparison with its unaltered state. For example, a historic building of high integrity has few alterations or ones that can be easily reversed, and an archaeological site with high integrity is one that is relatively undisturbed; criteria evaluated include association, design, feeling, location, and materials. Landmark: A designation, as a result of processes provided in this Article, applied by the Commission to an individual property, structure, site or object, which has a historic value or expresses a distinctive character worthy of preservation. Maintenance:Regular,customary or usual care for the purpose of preserving a property and keeping it in a safe, sanitary and usable condition, without causing any alteration to the distinctive exterior character of the property. Non-contributing: A classification applied to a property, site, structure or object within a Historic District or Landmark property signifying that it does not contribute to the defining characteristics of the Historic District or Landmark. PRAB: The Parks and Recreation Advisory Board of the Town of Oro Valley, Arizona. Planning and Zoning Commission: The Planning and Zoning Commission of the Town of Oro Valley, Arizona. Page 3of17 Oro Valley Town Code 4/111111 Preservation: The act or process of applying measures to sustain the existing form,integrity 410 and material of a structure, and the existing form and vegetative cover of a site. It may include stabilization work where necessary, as well as ongoing maintenance of the historic materials. Preservation Covenant: A deed restriction filed with Pima County, which identifies the property as a Landmark or a Contributing Property within a Historic District. Reconstruction: The act of reproducing by new construction the exact form and detail of a vanished structure or object, or part thereof, as it appeared at a specific period of time. Rehabilitation: The act or process of returning a property to a state of utility through repair or alteration which makes possible an efficient contemporary use,while preserving those portions or features of the property which are significant to its historical, architectural and cultural values. Removal: Any relocation, in part or whole, of a structure on its site or to another site. Renovation: See Rehabilitation. Repair: Any physical change that is not alteration, construction, removal or demolition. Restoration: The act or process of accurately recovering the form and details of a property and its settingas it appeared ataparticular period of time, by the removal of later work or by the pp replacement of missing earlier work. Review Criteria: The standards, tests, norms or guidelines applied by the Commission duringanyreviewprocess, including, but not limited to, surveys, designations, or Certificates of g Appropriateness. Secretary of Interior Standards: Standards which pertain to historic buildings of all materials, construction types, sizes and occupancy, and encompass the interior and exterior, developed and published by the Office of the United States Secretary of the Interior, as part of the Department of the Interior regulations. Stabilization: The act orp rocess of applying measures designed to re-establish a weather- resistant enclosure and the structural stability of an unsafe or deteriorated property, while maintaining the essential form as it exists at present. Structure: Anything constructed or erected, the use of which requires a permanent or semi-permanent location on or in the ground, including, but not limited to, bridges, dams, water distribution systems, buildings, garages, fences, gazebos, advertising signs, antennas, satellite sending or receiving dishes, paved parking or circulation areas, landscapes, sculpture and recreational facilities. Town: The Town of Oro Valley, Arizona. Section 6-10-4 HISTORIC PROPERTY REGISTER A Historic Property Register is hereby established for the purpose of listing and defining Landmarks and Historic Districts designated under the provisions of this Article. This register may be periodically amended by the Commission, and shall be available for public reference and historical study. Section 6-10-5 HISTORIC PRESERVATION COMMISSION Pursuant to Ordinance Number(0) 04-45, there was created a commission to be known as the Oro Valley Historic Preservation Commission. A. Membership Page 4 of 17 Oro Valley Town Code 1. The Historic Preservation Commission shall be composed of seven (7) members, six (6) of whom shall be appointed by the Town Council, and one of whom shall be the Town Historian. 2. Prospective members should have demonstrated significant interest in and commitment to the field ofhistoric preservation,evidenced either by involvement in a local historic preservation group,current non-conflicting or previous employment or volunteer activity in the field �' p� of historicp reservation or other serious interest in the field. To the extent possible, it is desirable that two (2) members be current or previous professionals in the areas of architecture, history, planning or archaeology. 3. Immediately prior to assumption of the duties of office, each member shall take and subscribe to the oath of office. 4. All Commission members shall serve without pay, except that members may be reimbursed for actual expenses incurred in connection with their duties, upon authorization. B. Term of Office 1. Membership appointment to the Commission shall be for a period of three(3) years. staggered Terms shall be sta Qered so that no more than two (2) members' terms shall expire in any given year. All terms shall begin on July 1st and shall end on June 30th or until a successor is appointed and qualified. 2. In the event of a resignation,removal or death of a member,the Council shall fill the vacancy for the un-expired term. 3. The Council may remove any member of the Commission by a majority vote of the majority of the Council, or as otherwise provided by ordinance or Town Code. 4. Upon adoption of this Code,the Council shall reorder the terms of the current p p a ointed members of the Commission so that twomembers'terms shall expire in approximately pp (2) one(1) year,two members' terms in approximately two(2)years, and two(2)members'terms in approximately three (3) years, consistent with the provisions of(1) above. C. Officers 1. The members of the Commission shall elect from among themselves a Chair and a Vice Chair,who shall serve for one(1)year or until their successors are elected. Officers may serve successive terms, if so chosen by the Commission. 2. The Chair shall preside at meetings and exercise the usual rights, duties and prerogatives as the head of similar organizations. The Chair shall serve as Commission liaison with the Town staff, and shall also be responsible for other duties as described in this Article. 3. The Vice Chair shall perform the duties of Chair in the Chair's absence or disability. 4. The members shall fill a vacancy in either office for the unexpired term through a new election. D. Meetings 1. The Commission shall meet monthly, unless otherwise provided. 2. A majority of members shall constitute a quorum. The affirmative vote of the majorityof members present shall be required for passage of any matter before the Commission. Any member mayabstain from voting on a matter by declaring a conflict of interest, in which case such member shall step down and take no part in discussions or deliberations on that matter. E. Rules 1. The Commission shall make and publish rules to govern its proceedings, 014 Page 5 of 17 Oro Valley Town Code subject to approval by the Town Council. All meetings of the Commission shall be open to the public and noticed as provided by Arizona law. 2. Minutes shall be kept of all meetings. The minutes shall include all issues considered, and shall record the individual votes of members on each action item. F. Powers and Duties The responsibility of the Commission is to promote the purposes and objectives of this Article and shall include,but not be limited to, the following: 1. Maintain and periodically update, as needed,a plan for historic preservation. 2. Maintain review criteria to assure fair and impartial evaluation and designation of properties as Landmarks and Historic Districts. The Commission shall periodically review these criteria, and make such adjustments or updates as may be required. 3. Maintain criteria to assure fair and impartial review of applications for Certificates of Appropriateness. 4. Review properties proposed for designation as Landmarks, explain to the owners thereof the potential effects of designation as known to the Commission at that time and make a decision to designate, conditionally designate or deny designation. 5. Review property nominations for designation as a Historic District,explain to the owners thereof the potential effects of designation as known to the Commission at that time and make recommendations regarding rezoning to a Historic District to the Planning and Zoning Commission. 6. Propose design guidelines appropriate to individual Historic Districts. 7. Review and approve, conditionally approve or deny applications for a C Certificate of Appropriateness. 8. Maintain the Historic Property Register. 9. Determine and cause to be created a system of markers for designated properties. 10. Recognize the owners of designated properties. Issue commendations to owners of historical properties who have rehabilitated their property in an exemplary manner. 11. When Town Council approval is appropriate, make recommendations to the Town Council regarding the acquisition of property suitable for preservation. 12. Make recommendations to the Town Council regarding the utilization of federal, state, Town or private funds to promote historic preservation. 13. Make recommendations to Town Council to accept gifts, grants, funds, contributions and bequests from individuals and public and private entities, agencies, foundations, trusts, corporations and other organizations or institutions. 14. Cooperate with and enlist the assistance ofpersons,organizations,foundations and public agencies in matters involving historic preservation, rehabilitation and reuse,with Town Council approval as appropriate. 15. Increase public awareness of the values of historic, cultural, archaeological and architectural preservation, by developing and participating in public education programs. 16. Annually prepare written reports of Commission activities; submit such reports to the Town Council and the State Historic Preservation Office(SHPO). These reports shall be available for public review. 17. Conduct detailed studies and surveys of properties and areas and assess their potential for designation. Page 6 of 17 Oro Valley Town Code 18. Periodically review the Historic Resource Survey and consider the inclusion of any properties, which may have come to meet the requirements herein and the deletion of any 014 p properties which may no longer exist. 19. Work with and assist departments of the Town in matters affecting historic preservation. 20. Assistrope�Y owners, on request, on the restoration, rehabilitation, p alteration, decoration, landscaping or maintenance of any historic property. 21. property Encourage and assist owners of historic properties on procedures for inclusion on State historic listings and the National Register of Historic Places. 22. Work collaboratively with PRAB in the design and use ofparks and park-like areas which have a historic or archeological significance. 23. Establish liaison with groups and organizations as appropriate. 24. Carry out such other duties as may be determined by the Town Council, and present other such recommendations as may be deemed pertinent. G. Committees Advisorycommittees maybe created by the Chair or by the Commission to study and report on pertinent matters. Such committees may include citizens who are not members of the p Commission, but shall include at least one Commission member who shall serve as chair of the committee. Committees appointed for a specific task shall dissolve when the task is completed and its report has been presented to the Commission. Section 6-10-6 INCENTIVES 01114 It is the intent of the Town to make ownership of a Landmark or Contributing Property within a Historic District as beneficial as possible. In addition to the intangible benefits of owning a property recognized as an important community resource,the Commission may,when applicable and � p possible,provide such owners with one or more of the following: A. Recommendation to the Department of Community Development that an alternate or transitional use be considered. B. Advice in locating potential sources of financial assistance and tax credits. C. Advice inrep aring grant applications and potential third party sponsorship p D. Technical information and referrals. E. Assistance in locating buyers and/or sellers. F. Assistance in the formulation of a neighborhood association. G. Assistance in obtaining other benefits as may become available. H. Waiver of Application Fees. Fees for applications as they pertain to this Article may be waived or reduced bythe Director upon a request from the Commission, if it is determined that such a waiver or reduction of fees would further the intent and purpose of this Article. Section 6-10-7 HISTORIC LANDMARK DESIGNATION PROCESS The Commission may designate ate as a Landmark an entire property,an identified portion of a property or one or more individual structures on a property. A. Application Submittal and Review Requirements0111k An application for a Landmark Designation shall be submitted by the owner of the Page 7 of 17 Oro Valley Town Code subject property or agent and involves the following steps: 1. Pre-application Consultation. Prior to the submittal of an application for a Landmark Designation, the applicant should consult with the Director to explain the application submittal requirements. 2. Application Submittal Requirements. An application for a Landmark Designation shall contain at a minimum the following, any of which may be waived by the Director, as authorized by the Commission: a. Completed application form. b. Location and description of property. c. Filing Fee. d. Statement or letter of authorization from the property owner, if different from the applicant. e. An ownership map of property owners within three hundred(300)feet of the exterior boundaries of the subject property as shown on the last assessment of the property. A list of these property owners shall also be provided on mailing labels and keyed to the map showing the location of the identified properties. f. A written description of the proposed property. Description should include special aesthetic,cultural, architectural, archaeological or engineering interest or value of a historic nature,including information about the architecture,notable construction features and other information indicating the historical significance of the property. Sketches,drawings,photographs, or other descriptive materials may be included. g• A written statement of condition of property and/or structure(s) 1111111110. including any known threats thereto. h. Other information as may be requested. 3. Incomplete applications may be returned to the applicant and not processed until all materials have been submitted. If all the required materials have been submitted, the application shall be considered complete and shall be accepted by the Director. Following acceptance of a complete application, the Director shall conduct a formal review and prepare a comprehensive report which shall be submitted to the Commission and made available to the applicant,media and general public at least seven(7)days prior to the Commission's public hearing on the Landmark Designation application. 4. Upon acceptance of a complete application,no building or demolition permits affecting the proposed Landmark shall be issued by the Town until the process as described herein has been completed and the Commission has made its decision. B. Notice of Commission Hearing 1. Upon receipt of a complete application for a Landmark Designation,the Chair shall place it on the agenda for a public hearing within thirty(30)days. Public notice of this hearing shall be given as prescribed herein. 2. The Town shall give notice of the date,time and place of a public hearing for consideration of aro osed Landmark,including general explanation of the matter to be considered p p and a general description of the area affected at least fifteen (15) days before the hearing in the following manner: a. Publication at least once in a newspaper of general circulation in the Town. 4111111110. b. Posting on the affected property so that the words "Public Hearing" Page 8 of 17 Oro Valley Town Code and the date and time of the hearing are visible from a distance of one hundred(100)feet. It shall be the responsibility of the applicant to maintain the posting once erected. c. Notification by first class mail shall be sent to each real property owner .,�. as shown on the last assessment of the property within three hundred(300)feet of the property to be Landmarked. d. In addition to notice by the means set forth above,the Town may give notice of the hearing in a specific case in such other manner as it deems necessary or appropriate. e. As provided in A.R.S. 9-462.04(A)(7), or any successor statute, the failure of any person or entity to receive notice as set forth in the statute shall not constitute grounds for any court to invalidate the actions of the Town. 3. Persons with specific issues or concerns regarding a proposed Landmark are encouraged to contact the Department of Community Development in writing,by phone or in person prior to the hearing. C. Landmark Designation Criteria The Commission shall evaluate each structure, site, building or property within an area that is included in an application and may designate it as a Landmark if it is determined to have historical or other cultural significance or integrity, and is suitable for preservation, using the following criteria: 1. Association with events that have made significant contributions to the broad patterns of our history. 2. Association with the lives of persons significant in our past. 3. Embodiment of distinctive characteristics of a type, period or method of construction,or representing the work of a master,or high artistic values or representing a siglificant and distinguishable entity whose components may lack individual distinctions. 4. Yielding information important in the understanding of the pre-history or history of our community. 5. Being at least fifty(50)years old,or having achieved significance within the past fifty(50) years if the property is of exceptional importance. 6. Possessing integrity of location, design, setting, materials, workmanship, feeling or association. D. Commission Public Hearing and Designation 1. The Commission shall hold at least one(1)public hearing on each Landmark Designation application. At the public hearing, the Commission shall review the proposal with consideration given to the review criteria. Approval,conditional approval or denial of a Landmark Designation application shall be based on the findings of the Commission as they relate to the criteria. 2. The Commission's decision shall be final unless appealed to the Town Council as provided for in this Article. A recommendation for approval maybe subject to conditions as the Commission deems applicable. E. One (1) Year Bar on Refiling If the Commission denies an application, the Commission may refuse to accept another application for the same or substantially the same Landmark on the same property or any part of it within one (1) year of the date the original application was filed on the same property or a portion of it. F. Removal of Landmark Page 9 of 17 Oro Valley Town Code The procedure to remove a Landmark status from a property shall be the same as the procedure to designate. However, in the case of removal of a Landmark Designation, the Commission may initiate the application. G. Effect of Landmark Designation 1. Upon approval of a Landmark Designation, the affected property shall be included in the Historic Property Register and on any other applicable documents as appropriate for its preservation. 2. Once approved,the Historic Landmark Designation and applicable restrictions shall be recorded in the office of the Pima County Recorder as notice to all future owners of the designated property. 3. No person shall carry out any exterior alteration, restoration, renovation, reconstruction, new construction, demolition or removal, in whole or in part, on any Landmark without first obtaining a Certificate of Appropriateness from the Commission. 4. No person shall make any material change in the exterior appearance of any Landmark, its color, materials, light fixtures, signs, sidewalks, fences, steps, paving or other elements which affect the appearance of the property without first obtaining a Certificate of Appropriateness. 5. Each property designated as a Landmark shall be maintained in good condition and faithful to its historic character. 6. Nothing in this Article shall be construed to prevent normal maintenance and repair, which does not involve change in the exterior design, material, color or appearance. vow Section 6-10-8 HISTORIC DISTRICT DESIGNATION A. A rezoning approval is required in order to receive a Historic District Designation. B. The Historic District is an overlay zone which designated properties retain the uses of and are subject to the regulations of the underlying zoning. The underlying zoning which relates primarily to land use and density, continues to be administered by the Planning and Zoning Commission. The Historic Preservation Commission administers the regulations as they relate to the Historic District Designation. C. The Commission, the Planning and Zoning Commission, the Town Council, a property owner or agent of the property owner of the area subject to the request, may initiate a request to rezone to a Historic District. D. Application Submittal and Review 1. Pre-application Consultation. A pre-application consultation with the Director is required in order for the Director to explain the rezoning review process and application submittal requirements. 2. Application Submittal Requirements. In addition to the submittal requirements set forth in Oro Valley Zoning Code Revised Section 22.3, all Historic District rezoning applications shall include the following: a. Written description of the proposed Historic District. Description should include approximate construction dates, special aesthetic features, cultural, architectural, archaeological or engineering interest or value of a historic nature, including information about the � architecture, notable construction features and other information indicating the historical significance. Page 10 of 17 Oro Valley Town Code b. Identification of prospective Contributing Properties and how they each meet one or more of the Historic District criteria. c. Current sketches, photographs or drawings. d. Statement of condition of all structures. e. Explanation of any known threats to any property or structures involved. E. Notice of Public Hearing 1. Notice of the Commission's public hearing shall be the same as set forth in the Oro Valley Zoning Code Revised Section 22.3. 2. Upon publication of notice required above,no person shall make any material p change in the exterior appearance of any property effected by said notice, its color,materials, light fixtures,signs,sidewalks, fences,steps,paving or other elements which effect the appearance of the property until the finalization of the designation process described in this Article, provided that nothing in this Section shall be construed to prevent normal maintenance and repair that does not involve change in exterior design, material, color or appearance. F. Historic District Designation Criteria Each structure,site,building or property within an area that is included in a Historic District rezoning application lication shall be evaluated using the following criteria to determine if it has historical or other cultural significance or integrity, and is suitable for preservation: 1. Association with events that have made significant contributions to the broad patterns of our history. 2. Association with the lives of persons significant in our past. 3. Embodiment of distinctive characteristics of a type, period or method of construction,or representing the work of a master,or high artistic values or representing a significant and distinuishable entitywhose e components vents maylack individual distinctions. 4. Yielding information important in the understanding of the pre-history or history of the community. 5. Being at least fifty(50)years old,or having achieved significance within the past fifty(50) years if the property is of exceptional importance. 6. Possessing integrity of location, design, setting, materials, workmanship, feeling or association. G. Adoption of Historic District 1. Action by the Historic Preservation Commission. Upon completing its public hearing on the Historic District application,the Historic Preservation Commission shall transmit its recommendation to the Planning and Zoning Commission. 2. The Historic Preservation Commission's recommendation shall include the following: a. A map showing the proposed boundaries of the Historic District and identifying all structures within the boundaries, including classification as contributing or non- g contributing. b. An explanation of the significance of the proposed district and description of the cultural resources within the proposed boundaries. c. A set of findings documenting the recommendation of the Historic Preservation Commission. d. Proposed design guidelines for applying the criteria for review of 011/4 Page 11 of 17 • Oro Valley Town Code Certificate of Appropriateness to the nominated Historic District. e. The recommendations of the Historic Preservation Commission may include reasonable additional conditions and/or modifications to the proposed district property boundaries as deemed necessary to promote the purpose of the District. 3. Action by the Planning and Zoning Commission. The Planning and Zoning Commission shall hold a public hearing to consider the Historic Preservation Commission's recommendations. Following conclusion of its public hearing,the Planning and Zoning Commission shall transmit its recommendation and the recommendation of the Historic Preservation Commission to Town Council. 4. Action by the Town Council. Following conclusion of its public hearing,the Council may approve the Historic District as recommended or in a modified form,stipulating those conditions it deems necessary to carry out the purpose of this District and this Code. 5. Documentation. The appropriate supporting statements,design guidelines and documents submitted with the application for a Historic District shall be considered by the Council and included in any ordinance establishing the Historic District. 6. Recordation. Once approved,the Historic District Designation and applicable restrictions shall be recorded in the Office of the Pima County Recorder as notice to all future property owners within the Historic District. H. Effect of Historic District Designation 1. Upon approval of a Historic District Designation by the Town Council, the affected property(ies)shall be included in the Historic Property Register and on any other applicable documents as appropriate for its preservation. The Town's zoning map shall be updated to reflect the new zoning district boundaries. The Town's parcel information database shall be updated to include those properties identified within the Historic District as Contributing and Non-Contributing. 2. No person shall carry out any exterior alteration, restoration, renovation, reconstruction,new construction,demolition or removal,in whole or in part,without first obtaining a Certificate of Appropriateness from the Commission. 3. No person shall make any material change in the exterior appearance of a Designated Property, its color, materials, light fixtures, signs, sidewalks, fences, steps, paving or other elements which affect the appearance of the property without first obtaining a Certificate of Appropriateness. 4. Each property designated as a Contributing Property shall be maintained in good condition and faithful to its historic character. 5. Nothing in this Article shall be construed to prevent normal maintenance and repair that does not involve change in exterior design, material, color or appearance. 6. In addition to any other required review and/or approval, any proposed construction within a Historic District shall also be subject to Commission review according to any design guidelines which may have been applied to that District and other applicable criteria. Section 6-10-9 CERTIFICATE OF APPROPRIATENESS A Certificate of Appropriateness is required before commencing any exterior improvements or development, including alteration, restoration, renovation, reconstruction, new construction, demolition or removal, in whole or in part, of a Landmark or property located within a Historic District,whether or not the work will require a building permit. Building permits for exterior work Page 12 of 17 Oro Valley Town Code on Landmarks or properties erties within Historic Districts shall not be issued without first obtaining a Certificate of Appropriateness. If a buildingpermit is sought from the Town without a Certificate of the issuance of the permit shall be deferred until after a Certificate of Appropriateness, Appropriateness ro riateness is issued by the Historic Preservation Commission. A. Application Submittal and Review Procedure An application for Certificate of Appropriateness shall be submitted by the owner of the subject property or agent and involves the following steps: 1. Pre-application Consultation. Prior to the submittal of an application for a Certificate of Appropriateness,ro riateness,the applicant should consult with Director to explain the application submittal requirements. An application for a Certificate of 2. Application Submittal Requirements. Appropriateness shall contain at a minimum the following: a. Completed application form. b. Location and description of property with photographs of areas affected by proposed project. c. Filing Fee. d. A Letter of Intent describing the overall project specifically addressing architectural style, its compatibility within its context area, building materials, colors, exterior p ty lighting, signage and landscaping if applicable. e. Site Plan identifying all existing and proposed structures. f. Scaled illustrations showing all existing and proposed site improvements and conditions, landscaping, signage and building elevations. gp Samples of all proposed exterior paints or stains and colors and samples of roof and other exterior materials to be used, with an explanation on how they relate to existing colors and materials. h. If thero osal includes signs or lettering, a scale drawing showing p p dimensions, lettering, colors, materials and any illumination. i. Any additional information which the Commission may require to visualize the proposed work. 3. Acceptance of Application. Upon receipt of an application for a Certificate of Appropriateness, the Director shall complete a preliminary review within five (5) working days to ensure that all the required materials have been submitted. Incomplete applications shall be returned applicant and not processed until all materials have been submitted. If all the required to the materials have been submitted,the application shall be considered complete and shall be accepted by the Director. B. Notice of Public Hearing 1. receipt Upon of a complete application for a Certificate of Appropriateness, p shallplace it on the agenda fora public hearing within thirty(30) days. Public notice of the Chair g this hearing shall be given as prescribed herein. 2. The Town shallg ive notice of the date,time and place of a public hearing for consideration of a Certificate of Appropriateness,ro riateness,including a general explanation of the matter to be considered and aeneral description of the area affected at least fifteen(15)days before the hearing g in the following manner: a. Publication at least once in a newspaper of general circulation in the Town. 011144 Page 13 of 17 Oro Valley Town Code b. Posting on the affected property in accordance with Town posting requirements. c. Notification by first class mail shall be sent to each real property owner as shown on the last assessment of the property within three hundred (300) feet of the subject property. 3. Following acceptance of a complete application,the Director shall conduct a formal review and prepare a comprehensive report,which shall be submitted to the Commission and made available to the applicant, media and general public seven (7) calendar days prior to the Commission's public hearing. Commission members shall make every effort to inspect the property prior to the hearing. 4. At the hearing,concerned persons may present testimony and/or documentary evidence that will become part of the record of the hearing and the deliberations of the Commission. C. Commission Review and Decision 1. It is the intent of this Article to ensure, insofar as possible, that properties designated as a Landmark or a property within a Historic District shall be in harmony with the architectural and historical character of the property or district. 2. When reviewing an application for a Certificate of Appropriateness, the Commission may approve,conditionally approve or deny a Certificate of Appropriateness based on the following: a. The proposed work does not detrimentally alter,destroy or adversely affect any architectural or landscape feature. b. The proposed work will be compatible with the relevant historic, cultural, educational or architectural qualities characteristic of the structure, or district and shall include, but not be limited to, elements of size, scale, massing, proportions, orientation, surface textures and patterns, details and embellishments and the relationship of these elements to one another. c. The proposed work conforms to review guidelines and/or other applicable criteria. d. The exterior of any new improvement, building or structure in a designated Historic District or upon a landmarked site will not adversely affect and will be compatible with the external appearance of existing designated buildings and structures on the site or within a Historic District. 3. Review Guidelines and Criteria: The Commission may utilize the following documents and criteria as guidelines when considering an application for a Certificate of Appropriateness; a. Approved design guidelines for a designated Historic District. b. Secretary of the Interior's Standards for Rehabilitation. c. Secretary of Interior's Preservation Briefs and other information developed by US Department of Interior Park Service, Arizona Historic Preservation Office, National Trust for Historic Preservation, National Alliance of Preservation Commissions, Association of Preservation Technology and the Old House Journal. d. Any other guidelines as adopted by the Town. 4. No change shall be made in the approved plans of a project after issuance of a Certificate of Appropriateness without resubmittal to the Commission and approval of the change in the same manner as provided for issuance. Page 14 of 17 Oro Valley Town Code 5. A Certificate of Appropriateness ro riateness expires six (6) months from the date of issuance unless substantial work is started within that time. p 6. If work exceeds that specified in the Certificate of Appropriateness, the Certificate of Appropriateness shall be deemed to be revoked, a stop work order issued and no further building activities shall hall be allowed until another Certificate of Appropriateness is applied for and issued by the Commission. 7. The Certificate of Appropriateness ro riateness required by this Article shall be in addition to any other permit(s) or review required for the proposed project. D. Demolition of Historic Landmark or a Contributing Property within a Historic District 1. No person shall demolish a Landmark or Contributing Property within a Historic District or cause or permit such demolition to be done, nor shall any permit for such demolition be issued unlessapproved the demolition is a roved by the Commission and a Certificate of Appropriateness is issued. 2. A Landmark or Contributing Property may be demolished if; a. The Chief Building Official has determined that an imminent safety hazard exists and that demolition of the structure is the only feasible means to secure the public safety; or b. The Commission finds, after review, that maintenance, use and/or alteration of theDesignatedProperty Pro ert in accordance with the requirements of this Article would cause immediate and substantial hardshipon the property owner(s) because rehabilitation in a manner which preserves the historic integrity of the resource: • 1 or structural i. Is infeasible from a technical, mechanical, standpoint, and/or 11. Would leave the property with no reasonable economic value because it would require an unreasonable expenditure taking into account such factors as current epermitted uses of the property and the cost of compliance with applicable local, state market value, p p and federal requirements. Costs necessitated by the neglect or failure of the current owner(s) to maintain thepropertyneed not be considered in making this finding; and/or 111. The Commission finds that the demolition of a contributing have a substantial adverse impact on the historic significance or integrity of a property would not p Historic District. 3. The applicant shall bear the burden of proof for all findings required for approval of a Certificate of Appropriateness for demolition. 4. If demolition is approved,the Commission may require the property owners to e at least ten(10)da s to the scheduled demolition date,in a newspaper of general publish notic y prior circulation, of the he availabilityof materials for salvage. Upon request, the Commission may make available topersons who maybe interested in contacting the owner(s)to arrange for this information possible salvage of historic building materials. Section 6-1040 MAINTENANCE AND REPAIR Each propertydesignated as a Landmark,and properties designated as contributing properties within a Historic District shall be maintained in good condition and faithful to its historic character. Nothingin this Article shall be construed to prevent normal maintenance and repair of any exterior 44.10 Page 15 of 17 Oro Valley Town Code /1-.) feature of any structure designated as a Landmark or Contributing Property within a Historic District, which does not involve change in design,material, color or outward appearance. The Commission shall not consider the interior arrangements or alterations to the interior of a building, unless authorization would impact the exterior. Section 6-1041 ECONOMIC HARDSHIP A. An application for demolition or removal of a Landmark or property within a Historic District may, if appropriate, be accompanied by a request for relief from economic hardship. B. Before granting such request, the Commission shall study the historic or cultural value of the property, and shall review options including incentives to the owner for restoration, or recommendation to Council that the Town purchase the property. C. Separate standards and application requirements may be established by the Town for granting economic hardship relief for income-producing properties and for non-income producing properties. 1. Investment or income-producing properties.Economic hardship relief may be granted if the applicant satisfactorily demonstrates that a reasonable rate of return cannot be obtained from a property which retains features which contribute to its distinctive character in its present condition nor if rehabilitated, either by the current owner or a potential buyer. 2. Non-income-producing properties.Economic hardship relief may be granted if the applicant satisfactorily demonstrates that the property has no reasonable use as a single-family dwelling or for institutional use in its present condition or if rehabilitated,either by the current owner t""%\, or a potential buyer. D. Economic hardship relief shall not be granted due to any of the following circumstances: willful destructive acts committed or caused by the owner;purchase of the property for substantially more than its fair market value; failure to perform normal maintenance and repair; failure to diligently solicit and retain tenants or provide normal tenant improvements. Section 6-10-12 APPEALS Any person or group of persons aggrieved by a decision of the Commission may appeal to the Town Council within ten (10) working days of the Commission's action, by filing with the Town Clerk written notice of appeal and any applicable fee as maybe adopted. The Council shall render a decision to sustain, conditionally overrule or overrule the Commission decision. The Council may choose to hold a public hearing. Section 6-10-13 VIOLATIONS AND ENFORCEMENT A. All work performed pursuant to a Certificate of Appropriateness under this Article shall conform to requirements thereof. Compliance shall be confirmed by inspections made by the Chief Building Official and the Commission Chairman or his/her designee. Certain requirements of the Certificate, such as signs, lighting, landscaping and site development shall be reviewed for compliance. B. Any action regarding a violation of any provision of this Article shall be brought to the Town Attorney. Any person, firm, corporation of other entity found to be in violation of any Page 16 of 17 Oro Valley Town Code provision of this Article shall be charged, at a maximum,with a Class 1 Misdemeanor. Each day in violation shall constitute a separate offense. Pik Anyperson who causes unauthorized demolition,alteration, C. construction or permits degradation or disrepair of a Designated Property as defined in this Article,or property proposed to p gn p . . included in a Historic District, maybe required to restore the property and site to its condition be prior to the violation. The civil remedyshall be in addition to, and not in lieu of, any criminal prosecution and penalty. Until completion of restoration, no permits for anything other than p ty p restoration shall be issued for the property by the Town. Section 6-10-14 SEVERABILITY This Article is herebydeclared to be severable. If any section, subsection, clause, word or phrase of this Article is held to be void,unlawful or unconstitutional,such holdings shall not affect the validity of the remainder of this Article or the Oro Valley Zoning Code Revised. 0.11% 011§ Page 17 of 17 MINUTES ORO VALLEY TOWN COUNCIL/HISTORIC PRESERVATION COMMISSION JOINT STUDY SESSION APRIL 12, 2006 ORO VALLEY COUNCIL CHAMBERS 11,000 N. LA CANADA DRIVE JOINT STUDY SESSION: AT OR AFTER 6:00 P.M. CALL TO ORDER 6:05 p.m. ROLL CALL PRESENT: TOWN COUNCIL: Paul Loomis, Mayor Paula Abbott, Council Member K.C. Carter, Council Member Conny Culver, Council Member Helen Dankwerth, Council Member Barry Gillaspie, Council Member EXCUSED: Terry Parish, Vice Mayor HISTORIC PRESERVATION COMMITTEE PRESENT Pam Sarpalius, Chair Robert Baughman, Vice Chair Pat Sturmon, Member Jim Kriegh, Town Historian Nancy Manger, Member Al Kunisch, Member Sybil Needham, Member Emily Graves, Student Liaison 1. DISCUSSION WITH BOB SHELTON REGARDING "OLD TUCSON" MEMORABILIA Bob Shelton, former owner of"Old Tucson" Movie Studios, presented a short background of his years at Old Tucson. He then explained that he had a large inventory of movie memorabilia and collectibles from his years at Old Tucson. He explained that he is in the process of putting together his and several other private collections to display in a museum setting. Mr. Shelton stated that he has visited with Jim Kriegh (Town Historian) who suggested that the Steam Pump Ranch site would be a wonderful place to have the museum to showcase these items. Mr. Shelton reported that his collection includes antique movie projectors, props, wardrobes including items from John Wayne and Elizabeth Taylor), equipment and over 300 movies made at Old Tucson. The other collections that may be 4/12/06 Minutes-Joint Study Session 2 Town Council and Historic Preservation Commission included in the museum consist of the World of Miniatures (wood carving collection,) the Castaneda Museum of Ethnic Costumes and possibly memorabilia from famous stunt men. He explained that if they had the room for these large collections, they would place these collections into one area whichwould provide a historic and entertaining venue. Further questions and discussion followed regarding: • Space requirements (each collection would require approximately 1,500 - 2,000 sq. ft.) organizing• Time frame — Currentlyor anizin and inventorying collections. Would need space verysoon for warehousing and preparation of collections for placingin actual museum setting. No specific time line for setting up museums but would want to do as soon as possible. Display • Costs— costs would be borne by the museum owners. Public building costs would need to be negotiated. • Museum would develop a revenue stream for owners and the Town. Specifics would need to be worked out. • Collections would not be donated but would be installed under some type of Lease arrangement. • Arizona Historical Societyand University of Arizona Museum want collections but owners do not want the collections placed in a basement. The collections need to be seen and enjoyed by the general public. Historic• Pump Steam Ranch area seems to be very suitable for this type of venue. Create campus-like setting including the museum, commercial areas, etc. • Original movie films are in archives of Congress. Many films have been transferred to a media source so that they could be shown repeatedly in a small theater within the museum. • Displays (permanent vs. revolving) - Depends on size of facility, if there is enough room, most of the items could be displayed. • There are nop reconceived conditions/requirements for the museums. Owners of collections are flexible but would want to place their collections where they would be most visible and appreciated. • ThePump Steam Ranch project was approved under the 2004 Pima County Bond Election. Negotiations for purchase are under way and the Town anticipates ates closure in 2006. Once property is acquired, a Master Plan process will take place. • Operating and maintenance costs—Admissions could be charged but may possibly corporate need underwriting, grant monies, etc. to operate museum. • These museums could possibly be the biggest tourist draw in Pima be agreat thingfor the Town of Oro Valley. They would County. It would also provide educational opportunities and hands-on learning for local school students. will also be visitingwith other municipalities regarding a place • Mr. Shelton for the museums informed.he will keep the Town of Oro Valley 4/12/06 Minutes-Joint Study Session 3 Town Council and Historic Preservation Commission Mayor Loomis recessed the meeting at 7:00 p.m. The meeting resumed at 7:10 p.m. 2. REVIEW AND DISCUSSION REGARDING THE DRAFT HISTORIC PRESERVATION ORDINANCE Community Development Director Brent Sinclair explained that the Historic Preservation Commission (HPC) was created in December 2004 and one of their charges was to develop a comprehensive Historic Preservation Ordinance which would provide a legal and planning framework for engaging in historic preservation activities in Oro Valley. Mr. Sinclair then reviewed the draft Historic Preservation Ordinance which includes the following: Mission and Objectives, Definitions, Historic Property Register, Historic Preservation Commission (Membership, Officers, Terms, Rules, Powers and Duties) Incentives, Historic Landmark Designation Process, Historic District Designation, Certificate of Appropriateness (Alterations, Restorations, Renovations, Construction, Demolition/Removal), Maintenance and Repair, Economic Hardship, Appeals, Violations and Enforcement, and Severability. Discussion followed regarding the different aspects of the proposed Ordinance (ilow- with the followingitems to be reviewed and possiblyrevised: • Focus wording on the Ordinance as "top level" not the Commission itself. • Create a series of flow charts that explain the steps for processes (i.e. establishing the Historic Landmark Designation and Historic District Designation). This would make the processes easier to understand. • Page 1 — D.1 Objectives: Remove "To promote the adoption of an ordinance" as it is redundant. Possibly add "Promote the review, maintenance and currency of the adopted Ordinance." • Page 2 — Director: Remove the words "Means the". • Page 4 — Term of Office: Terms are different than that of the other Town's Boards and Commissions. May need to reconsider terms and/or review the term policy for all Boards and Commissions. Need to retain historical knowledge provided by the members. Need to open the door for new members. HPC members could remain on the Commission as advisors once their terms are capped. Possibly set up an apprenticeship program to help bring in new members that would be ready to take on projects, etc. • Page 5 Possibly strike last sentence of Item K ("Such acquisition may include the purchase of acceptance of donated property.") • Page 6 Incentives: Waiver of Application Fees. Commission would request this if it were considered a "deal breaker." Director being referred to is the Community Development Director. Recommend that incentives be on a case-by-case basis. 4/12/06 Minutes-Joint Study Session 4 Town Council and Historic Preservation Commission Landmark Designation: A voluntary process and is normally a • Page 6 g designation reviewed bythe HPC. (A Historic District is a Zoning function that would come before the Council for their consideration.) ' District Designation, Paragraph B: If differences of • Page 8 Historic g opinion occur between the Historic District Designation and the Zoning regulations, the language created for the district takes precedence. Change the wording from "the Historic Preservation Ordinance takes precedence" language to "the of the created District takes precedence." s the • Page 13 Economic Hardship, Paragraph B: As volunteers, doe Commission wantresponsibility?this res onsibilit ? Should Commission defer or make a recommendation endation to the elected officials rather than the HPC being the ultimate decision-maker? o HPC's decisions can be appealed to the Council. e Economic Hardship. (Get legal definition.) Should o Further define have clear guidelines as to how to determine an economic hardship. • Page 13 Violations and Enforcement: Class 1 misdemeanor. Don't think Town has power to initiate a felony, but can apply stronger penalties. Possibly place stopson buildingpermits for further development until historic site is rebuilt. Make this section strong and straight-forward so it won't be subject interpretation.to inter retation. (Legal Department will look at expanding violations and enforcement criteria/penalties.) draft ordinance was a good ordinance and a lot of Mayor Loomis stated that the thought and detail went into its creation. He then thanked the HPC for all their hard work. ADJOURNMENT MOTION: A MOTION wasby made Council Member Culver and SECONDED Gillaspie to adjourn at 8:50 p.m. by Council Member G Motion carried, 5 — 0.p adjourn (Council Member Dankwerth left the meeting at approximately 8:05 p.m.) Prepared by: Roxana Garrity, CMC Deputy Town Clerk TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: October 04, 2006 TO: HONORABLE MAYOR & COUNCIL FROM: Scott Nelson, Special Projects Coordinator SUBJECT: PUBLIC HEARING - ANNEXATION ORDINANCE NO. (0) 06- 19 EXTENDING AND INCREASING THE CORPORATE LIMITS OF THE TOWN OF ORO VALLEY, ARIZONA, PURSUANT TO THE PROVISIONS OF TITLE 9, CHAPTER 4, ARTICLE 7, ARIZONA REVISED STATUTES,AND AMENDMENTS THERETO BY ANNEXING THERETO CERTAIN TERRITORY CONTIGUOUS TO THE EXISTING TOWN LIMITS OF THE TOWN OF ORO VALLEY-( 120.5 ACRES, ANNEXATION AREA N .) SUMMARY: On June 21, 2006 the Mayor and Council voted to initiate the annexation process for 120.5 acres of unincorporated territory known as Annexation area N, as outlined in Oro Valley Resolution No. (R) 03-06, Oro Valley Policy for Annexation of unincorporated Land and per the requirements of Arizona State Law. This land is also in conformity with the Town of Oro Valley's voter approved General Plan. In accordance with ARS 9-471 (A)(1), the blank petition, map and legal description was filed with the Pima County Recorder on July 25, 2006. A public hearing was held on this annexation request on August 16, 2006. The required siernature for this annexation was received, representing 100% of the property owners and 100% of the assessed value, 416 was received before one year and/or 365 day; 08/25/2007 deadline. To date, no utility valuation for this area has been received from the Arizona Department of Revenue. ATTACHMENTS : 1. Ordinance No. (0) 06- 19. 2. Exhibit"A" Legal description of Annexation Area N. 3. Exhibit"B"Map of Annexation Area N. SUGGESTED MOTION: I move to adopt Annexation Ordinance No. (0) 06- 19extendin and the co orate limits of the Town of p g increasing � Oro Valley. „dr /11 Special Projects Coordinator DAtiee,iniadt±ie Town Manager ORDINANCE NO. (0) 06- 19 AN ORDINANCE EXTENDING AND INCREASING THE CORPORATE LIMITS OF THE TOWN OF ORO VALLEY, PIMA COUNTY, STATE OF ARIZONA, PURSUANT TO THE PROVISIONS OF TITLE 9, CHAPTER 4, ARTICLE 7, ARIZONA REVISED STATUTES AND AMENDMENTS THERETO, BY ANNEXING THERETO CERTAIN TERRITORY CONTIGUOUS TO THE EXISTING TOWN LIMITS OF THE TOWN OF ORO VALLEY, ARIZONA- (120.5 ACRES, ANNEXATION AREA N) WHEREAS, aetition in writing, accompanied by a map or plot of Annexation Area N, attached p hereto as Exhibits "A & B" , having been filed and presented to the Mayor and Council of the Town of Oro Valley, Arizona, signed by the owners of more than one-half in value of the real and personal property and more than one-half of the persons owning real and personal property as would be p Y subject to taxation by the Town of Oro Valley, Arizona in the event of annexation within Annexation Area N as shown by the last assessment of said property, which said territory is contiguous to the Town of Oro Valley, Arizona, asking that Annexation Area I more particularly described in Exhibits "A & B" be annexed to the Town of Oro Valley, Arizona, extending and increasing the corporate limits of the Town of Oro Valley ; and WHEREAS, the Mayor and Council of the Town of Oro Valley, Arizona, desire to extend and increase the corporate limits of the Town of Oro Valley to include Annexation Area N; and WHEREAS, said petition sets forth a true and correct description the boundaries of the entire area` proposed to be annexed to the Town of Oro Valley, and had attached thereto at all times an accurate map of the territory desired to be annexed; and WHEREAS, no alterations increasing or reducing the territory sought to be annexed have been made after the saidetition had been signed by any owner of real and personal property in such territory; and p g WHEREAS,the provisions of ARS 9-471, and amendments thereto, have been fully observed; and WHEREAS, proper and sufficient certification and proof of the foregoing facts are now on file in the office of the Town Clerk of the Town of Oro Valley, Arizona, together with a true and correct copy of the original petition referred to herein, which is on file in the Office of the County Recorder. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, AS FOLLOWS: SECTION 1. That the following described territory be, annexed to the Town of Oro Valley, Arizona, and that the present corporate limits be, extended and increased to include the following described territory contiguous to the present Oro Valley limits, as fully described in Exhibits "A & B", attached hereto and incorporated herein by this reference including county/state lands. SECTION 2. That a copy of this ordinance, together with an accurate map of the territory hereby annexed to the Town of Oro Valley, Arizona, certified by the Mayor of said Town of Oro Valley, be forthwith filed and recorded in the office of the county recorder of Pima County, Arizona. SECTION 3. That all ordinances and part of ordinances in conflict herewith are hereby repealed to the extent of such conflict; SECTION 4. That this ordinance and the various parts thereof are hereby declared to be severable. If any section, sub-section, sentence, clause, word or phrase of this ordinance is, for any reason, held to be unconstitutional, such holdings shall not affect the validity of the remaining portion of this ordinance. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona, this 4th day of October 2006. APPROVED this day of , 2006. Paul H. Loomis, Mayor ATTEST: Kathryn E. Cuvelier, Town Clerk APPROVED AS TO FORM: Melinda Garrahan, Town Attorney CERTIFICATION OF MAP I, Paul H. Loomis, Mayor of the Town of Oro Valley, Arizona, do hereby certify that the foregoing map is a true and correct map of the territory annexed under and by virtue of the petition of the real and personal property owners in the said territory and by Ordinance No. (0) 06- annexing the territory described in Ordinance No. (0) 06- and as shown on said map as a part of the territory to be included within the corporate limits of the Town of Oro Valley, Arizona. Paul H. Loomis, Mayor ATTEST: Kathryn E. Cuvelier, Town Clerk Exhibit "A" LEGAL DESCRIPTION ANNEXATION AREA N-2006 • That Portion of the West Half(W1/2)of Section 13,Township 11 South,Range 13 East, Pima County,Arizona,described as follows: BEGINNING at the Northwest corner of said Section 13; Thence N 89°44'18"E,upon the North line of the Northwest Quarter(NW1/4)of said Section 13,a distance of 2,625.15 feet to the North Quarter(N1/4)corner of said Section 13; Thence S 00°07'43"E,upon the East line of said West Half(W 112)a distance of 3,045.58 feet; Thence N 38°12'03"W,a distance of 105.85 feet; Thence N 39°06'36"W,a distance of 323.98 feet; Thence N 52°33'58"W,a distance of 227.19 feet; Thence N 10°37'58"W,a distance of 205.01 feet; Thence N 44°21'51"W,a distance of 492192 feet; • Thence N 64°47'02"W,a distance of 216.22 feet; Thence N 70°51'10" W,a distance of 448.37 feet; Thence N 64°50'06" W,a distance of 238.31 feet; Thence N 80°54'46"W,a distance of 241.06 feet; Thence S 81°02'50" W,a distance of 733.71 feet,to the West line of said West Half (W1/2); Thence N 00°03'04" W,upon said West line a distance of 1,742.63 feet to the POINT OF BEGINNING. Containing 120.5 acres,more or less. Prepared by David A.Rhine,RLS t_ 24530 DAM A. AZTEC Land Surveying,Inc, Aa-N (1/4 i/ 5 3 0 4 5 • 0 • it Exhibit "B" . i •. • 1 1 .1 2 11 . • _ . Mit IMO =MI ININ T IS4 h144Ak e• .� • • YTOBE MAP OF THE TERRITORY 1 .•— - ANNEXED TO THE TOWN OF ORO 1 4 43 •_'. VA IJ/7Y-ANNEXA TIONARE'A N-2006 • •• i ::::v'llil . :::::, . - LOCA TION MAP • TI1S, RI3g • UNINCORPORATE? AREA OFPIMA :B 1111$ COUNTY • - 1 SA ,,-6. •' ,e. / / c r r E P .N\ . N 'i `� >,N'• R.. NEW CORPORATE LIMITS OF �I. o e TIME TOWN OF ORO VALLEY N, .• CN:" ri N .L<S'o 0 Nt4 . v U1Y Tim: AREA OF _ � PIMA -o-'5°."411 eO•24l•Dcr• • o COUNTYMA 7.3.71 3 4 C`A'{'tea oe`Jr 1' • di, o.Jl 3', o . Jo fo-e22 2 a - • • P! •� o� • . oma. -.�. c' EXLSTING CORPORATE' ht,- '7. g\ LIMITS OF THE T OWN OF i ORO VALLEY 4 0 -... ,s's• „�.ay • 2 at.ca vi' *libb., • TOTAL AREA • 8E . ...0•tzu• . ANNEXED = 1 Z0.6 +/— c7 EXISTING . ACRES. MORE OR LESS s C PORA TE N NNN LIMNS OF 7r)WN oF oR0 LAND SURVEYORS STATEMENT N VALLEY ,�`���;S- QL . I. DAVID A. RHINE, A PROFESSIONAL LAND SURVEYOR, REGISTERED IN /"(0`. 40`,024. THE STATE OF ARIZONA, HAVE PREPARED THIS DOCUMENT FOR EXHIBIT 24530 PURPOSES ONLY AND MAY NOT BE SURVEYED/STAKED ON THE GROUND. DAVID • RHINE V. DAVID A. RHINE RLS/24530 r $. .b iii D ,N:t, T _vo • .EXHIBIT .: .� ' ' ' ' • -iiaTgiiiEcr- ANNEXED AEEAS OF SECTION 3 3; Design. •• ••• ••• TOWNSHIP 11 SOUTH, RANGE O 13 rn.• OAR Ck'd EAST, G&SR14t, PIMA COUNTY, Scale: l_” = NTS AZTECARIZONA „,�` :1.7:7�.' .-°ala,..-s»> DATE: 06/05/2006 Job No. 23006 Sheet 2 of 2 �f�t..I CSri > ARIZONA CRIMINAL JUSTICE COMMISSION HIGH INTESTIY DRUG TRAFFICKING AREA (HTA) GRANT AGREEMENT 464; 19X2 ACJC Grant Number HT16-06-1610 Catalog of Federal Domestic Assistance (CFDA) Number 07.999 This Grant Agreement is made this 1sT day of October, 2005, by and between the ARIZONA CRIMINAL JUSTICE COMMISSION hereinafter called "COMMISSION" and CITY OF ORO VALLEY, through ORO VALLEY POLICE DEPARTMENT hereinafter called "GRANTEE". The COMMISSION enters into this Agreement pursuant to its authority under the provisions of A.R.S. § 41-2405 (B)(6), and having satisfied itself as to the qualification of GRANTEE; NOW,THEREFORE, it is agreed between the parties as follows: 1. This Agreement will commence on October 1, 2005 and terminate on September 30, 2006. This Agreement expires at the end of the award period unless prior written approval for an extension has been obtained from the COMMISSION. A request for an extension must be received by the COMMISSION sixty (60) days prior to the end of the award period. The COMMISSION in its sole discretion may approve an extension that further the goals and objectives of the program and shall determine the length of any extension. 2. The GRANTEE agrees that grant funds will be used for the Pima County HIDTA Investigative Task Force (PCHITF). 3. The COMMISSION will monitor the performance of the GRANTEE against goals and performance standards outlined in the grant application. Sub-standard performance as • determined by the COMMISSION will constitute non-compliance with this Agreement. The GRANTEE shall operate in a manner consistent with and in compliance with the provisions and stipulations of the approved grant application and this Agreement. If the COMMISSION finds non-compliance, the GRANTEE will receive a written notice which identifies the area of non- compliance, and the appropriate corrective action to be taken. If the GRANTEE does not respond within thirty calendar days to this notice, and does not provide sufficient information concerning the steps which are being taken to correct the problem, the COMMISSION may suspend funding or permanently terminate this Agreement or revoke the grant. Any deviation or failure to comply with the purpose and/or conditions of this Agreement without prior written COMMISSION approval may constitute sufficient reason for the COMMISSION to terminate this Agreement, revoke the grant, require the return of all unspent funds, perform an audit of expended funds, and require the return of any previously spent funds which are deemed to have been spent in violation of the purpose or conditions of this grant. 4. This Agreement may be modified only by a written amendment signed by the Executive Director or by persons authorized by the Executive Director on behalf of the COMMISSION and GRANTEE. Any notice given pursuant to this Agreement shall be in writing and shall be considered to have been given when actually received by the following addressee or their agents or employees: A. If to the COMMISSION: Arizona Criminal Justice Commission 1110 W. Washington Street, Suite 230 Phoenix, Arizona 85007 Attn: Karen Ziegler High Intensity Drug Trafficking Area Grant Number HT16-06-1610 Page 2 B. If to the GRANTEE: ORO VALLEY POLICE DEPARTMENT 11000 North La Canada Drive Oro Valley, AZ 85737 Attn: Chief Daniel G. Sharp 5. The GRANTEE may make budget adjustments of up to ten percent of the total budget of the grantee after written notification with signature approval from Arizona HIDTA Director is provided to the COMMISSION. Adjustments or reprogramming in excess of ten percent of the grantee's budget in an initiative or any reprogramming between initiative and/or agencies; in any amount, require the approval of the Board, the Southwest Border HIDTA Director, and the Office of National Drug Control Policy. APPROVED LINE ITEM PROGRAM BUDGET Salaries $40,830 Fringe Benefits $12,249 Overtime Not Approved Services Not Approved Travel Not Approved Facilities Not Approved Equipment Not Approved Supplies Not Approved Other Not Approved TOTAL $53,079 6. It is agreed and understood that the total to be paid by the COMMISSION under this Agreement shall not exceed $53,079 in Federal funds awarded to the COMMISSION by the Office of National Drug Control Policy. It is agreed and understood that funds will be used to support and enhance activities intended to deter, investigate, and/or prosecute drug offenders in conjunction with the HIDTA Initiative. 7. The GRANTEE understands that financial reports are required for reimbursement of expenditures. 8. Every payment obligation of the COMMISSION under this Agreement is conditioned upon the availability of funds appropriated or allocated for the payment of such obligation. If funds are not allocated and available for the continuance of this Agreement, this Agreement may be terminated by the COMMISSION. No liability shall accrue to the COMMISSION in the event this provision is exercised, and the COMMISSION shall not be obligated or liable for any future payments or for any damages as a result of termination under this paragraph. 9. The GRANTEE understands that prior to the expenditure of confidential funds, an authorized official of the GRANTEE shall sign a certification indicating that he or she has read, understands, and agrees to abide by all of the conditions pertaining to confidential fund expenditures as set forth in ONDCP Financial and Administrative Guide for Cooperative Agreements Guidelines and Exhibit B. 10.The GRANTEE certifies that it will comply with OMB Circular A-102 Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments as codified in 28 CFR Part 66 and OMB Circular A-87 Cost Principles for State, Local and Indian Tribal Governments, Link: OMB Circulars http://www.whitehouse.gov/omb/circulars/index.html High Intensity Drug Trafficking Area Grant Number HT16-06-1610 Page 3 411111, 11. The GRANTEE agrees to account for interest earned on Federal grant funds and shall remit interest earned in excess of the allowable amount as indicated in the ONDCP Financial and Administrative Guide for Cooperative Agreements and all unexpended grant funds to the COMMISSION within 30 days after receipt of a written request from the COMMISSION. The GRANTEE agrees to expend all encumbered funds within 90 days of expiration of this award. 12.The GRANTEE agrees to retain all books, account reports, files and other records, (paper and/or electronic) relating to this Agreement and the performance of this Agreement for no less than five (5) years from the last financial report submitted to the Commission. All such documents shall be subject to inspection and audit at reasonable times. 13. For the purpose of this grant, a capital expenditure is $5,000 or above. If the GRANTEE'S policy defines a capital expenditure as less than $5,000, the GRANTEE will use its own policy. 14.The GRANTEE agrees to follow equipment disposition policies outlined in OMB Circular A-102 Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments as codified in 28 CFR, Part 66.32 (e) (1-3) when the equipment is no longer needed for the grant program. When no longer needed for the original program, the equipment may be used in other activities supported by the Office of National Drug Control Policy. Link: OMB Circulars http://www.whitehouse.gov/omb/circulars/index.html 15.The GRANTEE agrees to maintain property records for equipment purchased with grant funds and perform a physical inventory and reconciliation with property records at least every two • years or more frequently based on GRANTEE policy. 16.The GRANTEE agrees to keep time and attendance sheets signed by the employee and supervisory official having first hand knowledge of the work performed by the grant funded employees. 17.The GRANTEE will comply with the audit requirements of OMB CircularA-133 Audits of States, Local Governments and Non-Profit Organizations and provide the COMMISSION with the audit report and any findings within 90 days of receipt of such finding. If the report contains no findings, the GRANTEE must provide notification that the audit was completed. Link: OMB Circular A-133 http://www.whitehouse.goviomb/circulars/index.html 18. The GRANTEE agrees that it will submit financial reports and supporting documentation to the COMMISSION on forms/format provided by the COMMISSION, documenting the activities supported by these grant funds. In the event reports are not received on or before the indicated date(s), funding will be suspended until such time as delinquent report(s) are received. These reports are submitted according to the following schedule: Report Period: Due Date: Report Period: Due Date: October 1 - 31, 2005 November 20, 2005 April 1 - 30, 2006 May 20, 2006 November 1 - 30, 2005 December 20, 2005 May 1 - 31, 2006 June 20, 2006 December 1 - 31, 2005 January 20, 2006 June 1 - 30, 2006 July 20, 2006 January 1 - 31, 2006 February 20, 2006 July 1 —31, 2006 August 20, 2006 February 1 - 29, 2006 March 20, 2006 August 1 - 31, 2006 September 20, 2006 March 1 - 31, 2006 April 20, 2006 September 1 - 30, 2006 October 20, 2006 More frequent reports may be required for GRANTEES who are considered high risk. High Intensity Drug Trafficking Area Grant Number HT16-06-1610 Page 4 19. All goods and services must be received by the GRANTEE within 60 days of the expiration of this award. 20.The GRANTEE agrees to obtain ONDCP approval through the Arizona HIDTA Director for all sole-source procurements in excess of $100,000, and provide written notification to the COMMISSION. 21.The GRANTEE agrees to obtain ONDCP approval through the Arizona HIDTA Director prior to the expenditure of grant funds for consultant fees in excess of $450 per day, and provide written notification to the COMMISSION. 22.The GRANTEE agrees to check the U.S. General Service Administration (GSA) Excluded Parties Listing Service as required by Executive Order 12549, as defined in 28 CFR Part 67.510 for individuals, agencies, companies and corporations debarred or suspended from doing business with recipients receiving Federal funds. The GRANTEE agrees not to do business with any individual, agency, company or corporation listed in the Excluded Parties Listing Service. Link: Excluded Parties Listing System http://epls.arnet.gov 23. No funds shall be used to supplant Federal, State, county or local funds that would otherwise be made available for such purposes. 24. The GRANTEE assigns to the COMMISSION any claim for overcharges resulting from antitrust violations to the extent that such violations concern materials or services applied by third parties to the GRANTEE in exchange for grant funds provided under this Agreement. 25.The parties agree to use arbitration in the event of disputes in accordance with the provisions 4.0) of A.R.S. § 12-1501 et seq. 26. The laws of the State of Arizona apply to questions arising under this Agreement and any litigation regarding this Agreement must be maintained in Arizona courts, except as provided in paragraph 27 of this Agreement pertaining to disputes which are subject to arbitration. 27.The GRANTEE understands that grant funds will not be released until all required reports and reversion of funds from the prior year grant are submitted to the COMMISSION. 28. 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 Indeminitor, its officers, officials, agents, employees, or volunteers. If the GRANTEE is a State agency this paragraph does not apply. High Intensity Drug Trafficking Area Grant Number HT16-06-1610 Page 5 29. Unless GRANTEE is a State agency, GRANTEE shall cause its contractor(s) and subcontractors, if any to indemnify defend, save and hold harmless the State of Arizona, any jurisdictions or agency issuing any permits for any work arising out of this Agreement, and their respective directors, officers, officials, agents, and employees (hereinafter referred to as"indemnitee") from and against any and all claims, actions, liabilities, damages, losses or expenses (including court costs, attorneys' fees, and costs of claim processing, investigation and litigation) (hereinafter referred to as"Claims" ) for bodily injury or personal injury (including death), or loss or damage to tangible or intangible property caused, or alleged to be caused, in whole or in part, by the negligent or willful acts or omissions of GRANTEE'S contractor or any of the directors, officers, agents, or employees or subcontractors of such contractor. This indemnity includes any claim or amount arising out of or recovered under the Worker's Compensation Law or arising out of the failure of such contractor to conform to any federal, state, or local law, statute, ordinance, rule, regulation or court decree. It is the specific intention of the parties that the Indemnitee shall, in all instances, except for Claims arising solely from the negligence or willful acts or omissions of the Imdemnitee, be indemnified by such contractor from and against any and all claims. It is agreed that such contractor will be responsible for primary loss investigation, defense and judgment costs where this indemnification is applicable. Insurance requirements for any contractor used by GRANTEE are incorporated herein by this reference and attached to this Agreement as Exhibit"A". 30. If the GRANTEE is a governmental political subdivision, the GRANTEE agrees to utilize the Data Dictionary, approved and distributed by the COMMISSION, as the data entry standard for information systems when improving or updating an existing Information System. The GRANTEE agrees to utilize the Data Dictionatyas the data entry standard in any new system or when an existing Information System is replaced. Data Dictionary:Call for copy, we will email 31. If the GRANTEE is a governmental political subdivision, the GRANTEE should, to the extent possible and practical share criminal justice information with other authorized criminal justice agencies. The process control number (PCN) shall be used in accordance with A.R.S. § 41- 1750 when sharing data with other criminal justice agencies as electronic data systems are developed or improved. 32.The GRANTEE agrees to comply with the non-discrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended; 42 USC 3789(d); Title VI of the Civil Rights Act of 1964, as amended; Section 504, Rehabilitation Act of 1973, as amended; Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972 and the Department of Justice regulations 28 CFR Part 54; The Age Discrimination Act of 1975; Department of Justice Non-Discrimination Regulations, 28 CFR Part 42, Subparts C, D, E, G and I; Department of Justice regulations on disability discrimination 28 CFR Part 35; all applicable state laws of A.R.S. § 41-1463; and Executive Orders 1999-4 and 2000-4. These laws prohibit discrimination on the basis of race, color, religion, sex and national origin including Limited English Proficiency (LEP) in the delivery of service. In the event that a Federal or State court or Federal or State administrative agency makes a finding of discrimination after a due process hearing against the GRANTEE, the GRANTEE will forward a copy of the findings to the Office for Civil Rights, Office of Justice Programs and the COMMISSION. High Intensity Drug Trafficking Area Grant Number HT16-06-1610 Page 6 33. The GRANTEE agrees to formulate and keep on file an Equal Employment Opportunity Plan (EEOP) (if grantee is required pursuant to 28 CFR 42.302). The GRANTEE certifies that they have forwarded to the Office for Civil Rights, Office of Justice Programs the EEOP, or certifications that they have prepared and have on file an EEOP, or that they are exempt from EEOP requirements. Failure to comply may result in suspension of the receipt of grant funds. Copies of all submissions such as certifications to or correspondence with the Office for Civil Rights, Office of Justice Programs regarding this requirement must be provided to the COMMISSION by the GRANTEE. 34.The GRANTEE certifies to comply with the Drug-Free Workplace Act of 1988, and implemented in 28 CFR Part 67, Subpart F, for grantees, as defined in 28 CFR, Part 67 Sections 67.615 and 67.620. 35. The GRANTEE agrees to complete and keep on file, as appropriate, Immigration and Naturalization Form (I-9). This form is to be used by recipients to verify that persons are eligible to work in the United States. 36.The GRANTEE agrees to notify the Arizona HIDTA Director and provide written notification to the COMMISSION within ten (10) days in the event that the project official is replaced during the award period. 37. No rights or interest in this Agreement shall be assigned by GRANTEE without prior written approval of the COMMISSION. 38. The GRANTEE agrees that no funds provided, or personnel employed under this Agreement shall be in any way or to any extent engaged in conduct of political activities in violation of U.S.C. Title 5, Part II, Chapter 15, Section 1502. 39. The GRANTEE certifies that it presently has no financial interest and shall not acquire any financial interest, direct or indirect, which would conflict in any manner or degree with the performance of service required under this Agreement. 40.The Grantee certifies that no federal funds will be paid, by or on behalf of, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into any cooperative agreement, and for the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan or cooperative agreement. If any funds other than Federal funds are paid or will be paid to any person for influencing or attempting to influence an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal award, grant loan, or cooperative agreement, the GRANTEE will complete and submit to the COMMISSION Standard Form-LLL,"Disclosure Form to Report Lobbying"in accordance with its instructions. 41.This Agreement is subject to cancellation pursuant to the provision of A.R.S. § 38-511. 42.This Agreement may be cancelled at the COMMISSION'S discretion if not returned with authorized signatures to the COMMISSION within 90 days of commencement of the award. 43. If any provision of this Agreement is held invalid the remainder of the Agreement shall not be affected thereby and all other parts of this Agreement shall be in full force and effect. High Intensity Drug Trafficking Area Grant Number HT16-06-1610 Page 7 IN WITNESS WHEREOF, the parties have made and executed the Agreement the day and year first above written. FOR GRANTEE: Mayor Or City Manager Date Note: If applicable, the Agreement must be approved by the appropriate county supervisory board or municipal council and appropriate local counsel (i.e. county or city attorney). Furthermore, if applicable, resolutions and meeting minutes must be forwarded to the Commission with the signed Agreement. Approved as to form and authority to enter into Agreement: Legal counsel for GRANTEE Date Statutory or other legal authority to enter into Agreement: ai .S aLto C Ct Appropriate A.R.S., ordinance, or charter reference FOR CRIMINAL JUSTICE COMMISSION: John A. Blackburn Jr., Executive Director Date Arizona Criminal Justice Commission , MISSION �� � .. �y ARIZONA CRIMINAL JUSTICE COM I.� `� ,- GRANT AGREEMENT %.,... ....---J__<4 /982 Insurance Requirements Exhibit"A" Insurance Requirements for Governmental Parties to a Grant Agreement: None. Insurance Requirements for Any Contractors Used by a Party to the Grant Agreement: (Note: this applies only to Contractors used by a governmental entity, not to the governmental entity itself)The insurance requirements herein are minimum requirements and in no way limit the indemnity covenants contained in the Intergovernmental Agreement. The State of Arizona in no way warrants that the minimum limits contained herein are sufficient to protect the governmental entity or Contractor from liabilities that might arise out of the performance of the work under this Contract by the Contractor, his agents, representatives, employees or subcontractors, and Contractor and the governmental entity are free to purchase additional insurance. A. MINIMUM SCOPE AND LIMITS OF INSURANCE: Contractor shall provide coverage with limits of liability not less than those stated below. 1. Commercial General Liability—Occurrence Form Policy shall include bodily injury, property damage, personal injury and broad form contractual liability. • General Aggregate $2,000,000 • Products—Completed Operations Aggregate $1,000,000 • , Personal and Advertising Injury $1,000,000 • Blanket Contractual Liability—Written and Oral $1,000,000 • Fire Legal Liability $50,000 • Each Occurrence $1,000,000 a. The policy shall be endorsed to include the following additional insured language: "The State of Arizona, its departments, agencies, boards, commissions, universities and its officers, officials, agents, and employees shall be named as additional insureds with respect to liability arising out of the activities performed by or on behalf of the Contractor'; (Note that the other governmental entity(ies) is/are also required to be additional insured(s)and they should supply the Contractor with their own list of persons to be insured.) b. Policy shall contain a waiver of subrogation against the State of Arizona, its departments, agencies, boards, commissions, universities and its officers, officials, agents, and employees for losses arising from work performed by or on behalf of the Contractor. Exhibit"A" Page 2 2. Automobile Liability Bodily Injury and Property Damage for any owned, hired, and/or non-owned vehicles used in the performance of this Contract. Combined Single Limit (CSL) $1,000,000 a. The policy shall be endorsed to include the following additional insured language: "The State of Arizona, its departments, agencies, boards, commissions, universities and its officers, officials, agents, and employees shall be named as additional insureds with respect to liability arising out of the activities performed by or on behalf of the Contractor, involving automobiles owned, leased, hired or borrowed by the Contractor'; (Note that the other governmental entity(ies) is/are also required to be additional insured(s)and they should supply the Contractor with their own list of persons to be insured.) 3. Worker's Compensation and Employers' Liability Workers' Compensation Statutory Employers' Liability Each Accident $500,000 Disease— Each Employee $500,000 Disease— Policy Limit $1,000,000 a. Policy shall contain a waiver of subrogation against the State of Arizona, its departments, agencies, boards, commissions, universities and its officers, officials, agents, and employees for losses arising from work performed by or on behalf of the Contractor. b. This requirement shall not apply to: Separately, EACH contractor or subcontractor exempt under A.R.S. 23-901, AND when such contractor or subcontractor executes the appropriate waiver (Sole Proprietor/Independent Contractor) form. B. ADDITIONAL INSURANCE REQUIREMENTS: The policies are to contain, or be endorsed to contain, the following provisions: 1. The State of Arizona, its departments, agencies, boards, commissions, universities and its officers, officials, agents, and employees and the other governmental entity shall be additional insureds to the full limits of liability purchased by the Contractor even if those limits of liability are in excess of those required by the Contract. 2. The Contractor's insurance coverage shall be primary insurance with respect to all other available sources. 3. The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. Coverage provided by the Contractor shall not be limited to the liability assumed under the indemnification provisions of its Contract with the other governmental entity(ies) party to the Grant Agreement. Exhibit"A"Page 3 C. NOTICE OF CANCELLATION: Each insurance policy required by the insurance provisions of this Contract shall not be suspended, voided, cancelled, reduced in coverage or in limits except after thirty (30) days prior written notice has been given the State of Arizona. Such notice shall be sent directly to the GRANTEE and shall be sent by certified mail, return receipt requested. D. ACCEPTABILITY OF INSURERS: Insurance is to be placed with duly licensed or approved non- admitted insurers in the State of Arizona with an"A.M. Best"rating of not less than A- VII. The State of Arizona in no way warrants that the above-required minimum insurer rating is sufficient to protect the Contractor from potential insurer insolvency. E. VERIFICATION OF COVERAGE: Contractor shall furnish the GRANTEE with certificates of insurance (ACORD form or equivalent approved by the State of Arizona) as required by this Contract. The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements are to be received and approved before work commences. Each insurance policy required by this Contract must be in effect at or prior to commencement of work under this Contract and remain in effect for the duration of the project. Failure to maintain the insurance policies as required by this Contract, or to provide evidence of renewal, is a material breach of contract. All certificates required by this Contract shall be sent directly to the GRANTEE The State of Arizona project/contract number and project description are to be noted on the certificate of insurance. The State of Arizona and the Arizona Criminal Justice Commission reserves the right to require complete, certified copies of all insurance policies required by this Contract at any time. DO NOT SEND CERTIFICATES OF INSURANCE TO THE STATE OF ARIZONA'S RISK MANAGEMENT SECTION. F. SUBCONTRACTORS: Contractor's certificate(s) shall include all subcontractors as insureds under its policies or Contractor shall furnish to the county or local government agency responsible separate certificates for each subcontractor. All coverages for subcontractors shall be subject to the minimum requirements identified above. G. APPROVAL: Any modification or variation from the insurance requirements must have prior approval from the State of Arizona Department of Administration, Risk Management Section, whose decision shall be final. Such action will not require a formal contract amendment, but may be made by administrative action. H. EXCEPTIONS: In the event the Contractor or sub-contractor(s) is/are a public entity, then the Insurance Requirements shall not apply. Such public entity shall provide a Certificate of Self- Insurance. If the contractor or sub-contractor(s) is/are a State of Arizona agency, board, commission, or university then none of the above shall apply. . • - ARIZONA CRIMINAL JUSTICE COMMISSION 41: HIGH INTESTIY DRUG TRAFFICKING AREA (HTA) GRANT AGREEMENT 198: Confidential Funds Certification Exhibit"B" CONFIDENTIAL FUNDS U S CERTIFICATION This is to certify that I have read, understand, and agree to abide by all of the conditions for confidential funds as set forth in the effective edition of the Office of National Drug Control Policy Financial and Administrative Guide. Grant Number: HT16-06-1610 Date: Signature: Authorized Official PROCEDURES Each project agency authorized to disburse confidential funds must develop and follow internal procedures which incorporate the following elements: Now Deviations from these elements must receive prior approval of the ONDCP. 1. Imprest Fund. The funds authorized will be established in an imprest fund which is controlled by a bonded cashier. 2. Advance of Funds: The supervisor of the unit to which the imprest funds is assigned must authorize all advances of funds for the P/I. Such authorization must specify the information be received, the amount of expenditures, and assume name of informant. 3. Informant Files: Informant files are confidential files of the true names, assumed names, and signature of all informants to whom payments of confidential expenditures have been made. To the extent possible, pictures and/or fingerprints of the informant payee should also be maintained. Refer to Informant Files "Documentation" (2) for a list of required documents for the informant files. 4. Cash Receipts. a. The cashier shall receive from the agent or officer authorized to make a confidential payment, receipt for cash advanced to him/her for such purposes. b. The agent or officer shall receive from the informant payee a receipt for cashp aid 1116. to him/her. Exhibit"B"Page 2 5. Receipt for Purchase of Information. An Informant Payee Receipt shall identify the exact amountaid to and received by the informant payee on the date executed. p Cumulative or anticipatory receipts are not permitted. Once the receipt has been completed no alteration is allowed. The agent shall prepare an Informant Payee Receipt containing the following information: a. The jurisdiction initiating the payment. b. A description of the information/evidence received. c. The amount of payment, both in numeral and word form. d. The date on which the payment was made. e. The signature of the informant payee. f. The signature of the case agent or officer making payment. g. The signature of at least one other officer witnessing the payment. h. The signature of the first-line supervisor authorizing and certifying the payment. 6. Review and Certification. The signed Informant Payee Receipt with a memorandum detailing the information received shall be forwarded to the agent or officer in 9 charge. The agent or officer in charge shall compare the signatures. He/she shall also evaluate the information received in relation to the expense incurred, and add his/her evaluation remarks to the report of the agent or officer who made the expenditure from the imprest funds. The certification will be witnessed by the agent p or officer in charge on the basis of the report and Informant Payee's Receipt. 7. Reporting of Funds. Each project shall prepare a reconciliation report on the imprest funds on aq uarterly basis. Information to be included in the reconciliation report will be the assumed name of the informant payee, the amount received, the nature of the information given, and to what extent this information contributed to the investigation. Recipients/subrecipients shall retain the reconciliation report in their files and shall be available for review unless the State agency requests that the report be submitted to them on a quarterly basis. 8. Record and Audit Provisions. Each project and member agency must maintain specific records of each confidential fund transaction. At a minimum, these records must consist of all documentation concerning the request for funds, processing (to include the review and approve/disapprove), modifications, closure or impact material, and receipts and/or other documentation necessary to justify and track all expenditures. Refer to Informant Files Documentation (2) for a list of documents which should be in an informant's file. In projects where funds are used for confidential expenditures, it will be understood that all of the above records, except the true name of the informant, are subject to the record and audit provision of grantor agency legislation. Exhibit"B"Page 3 INFORMANT FILES 1. Security. A separate file should be established for each informant for accounting purposes. Informant files should be kept in a separate and secure storage facility, segregated from any other files, and under the exclusive control of the supervisor or an employee designated by him/her. The facility should be locked at all times when unattended. Access to these files should be limited to those employees who have a necessary legitimate need. An informant file should not leave the immediate area except for review by a management official or the handling agent, and should be returned prior to the close of business hours. Sign-out logs should be kept indicating the date, informant number, time in and out, and the signature of the person reviewing the file. 2. Documentation. Each file should include the following information: a. Informant Payment Record - kept on top of the file. This record provides a summary of informant payments. b. Informant Establishment Record - including complete identifying and location data, plus any other documents connected with the informant's establishment. c. Current photograph and fingerprint card (or FBI/State Criminal Identification Number). d. Agreement with cooperating individual. e. Receipt for P/I. f. Copies of all debriefing reports (except for the Headquarters case file). g. Copies of case initiation reports bearing on the utilization of the informant (except for the Headquarters case file). h. Copies of statements signed by the informant (unsigned copies will be placed in appropriate investigative files). i. Any administrative correspondence pertaining to the informant, including documentation of any representations made on his behalf or any other nonmonetary considerations furnished. j. Any deactivation report or declaration of any unsatisfactory informant. INFORMANT MANAGEMENT AND UTILIZATION All persons who will be utilized as informants should be established as such. The specific procedures required in establishing a person as an informant may vary from jurisdiction to jurisdiction but, at a minimum, should include the following: 1. Assignment of an informant code name to protect the informant's identity. Exhibit"B" Page 4 2. An informant code book controlled by the supervisor or his/her designee containing: a. Informant's code number. b. Type of information (i.e. informant, defendant/informant, restricted use/informant). c. Informant's true name. d. Name of establishing law enforcement officer. e. Date the establishment is approved. f. Date of deactivation. 3. Establish each informant file in accordance with Informant File Documentation (2). 4. For each informant in an active status, the agent should review the informant file on a quarterly basis to assure it contains all relevant and current information. Where a MATERIAL face that was earlier reported on the Establishment Record is no longer correct (e.g. a change in criminal status, means of locating him/her, etc.), a supplemental establishing report should be submitted with the correct entry. 5. All informants being established should be checked in all available criminal indices. If verified FBI number is available, request a copy of the criminal records from the FBI. Where a verified FBI number is not available, the informant should be fingerprinted with a copy sent to the FBI and appropriate State authorities for analysis. The informant may be utilized on a provisional basis while awaiting a response from the FBI. PAYMENTS TO INFORMANTS 1. Any person who is to receive payments charged against PE/PI funds should be established as an informant. This includes a person who may otherwise be categorized as sources of information or informants under the control of another agency. The amount of payment should be commensurate with the value of services and/or information provided and should be based on the following factors: a. The level of the targeted individual, organization or operation. b. The amount of the actual or potential seizure. c. The significance of the contribution made by the informant to the desired objectives. 2. There are various circumstances in which payments to informants may be made. a. Payments for Information and/or Active Participation. When an informant assists in developing an investigation, either through supplying information or actively p 9 participating in it, he/she may be paid for his/her service either in a lump sum or in staggered payments. Payments for information leading to a seizure, with no defendants, should be held to a minimum. Exhibit"B"Page 5 b. Payment for Informant Protection. When an informant needs protection, law enforcement agencies may absorb the expenses of relocation. These expenses may include travel for the informant and his/her immediate family, movement and/or storage of household goods, and living expense at the new location for a specific period of time (not to exceed 6 months). Payments should not exceed the amounts authorized by law enforcement employees for these activities. c. Payments to Informants of Another Agency. To use or pay another agency's informant, he/she should be established as an informant. These payments should not be a duplication of a payment from another agency; however, sharing a payment is acceptable. 3. Documentation of payments to informants is critical and should be accomplished on a Informant Payee Receipt. Payment should be made and witnessed by two law enforcement officers and authorized payment amounts should be established and reviewed by at least the first line supervisory level. In unusual circumstances, a non- officer employee or an officer of another law enforcement agency may serve as witness. In all instances, the original signed receipt must be submitted to the project director for review and record keeping. ACCOUNTING AND CONTROL PROCEDURES Special accounting and control procedures should govern the use and handling of confidential expenditures, as described below: 1. It is important that expenditures which conceptually should be charged to PE/PI/PS are so charged. It is only in this manner that these funds may be properly managed at all levels, and accurate forecasts of projected needs be made. 2. Each law enforcement entity should apportion its PE/PI/PS allowance throughout its jurisdiction and delegate authority to approve PE/PI/PS expenditures to those offices, as it deems appropriate. 3. Headquarters management should establish guidelines authorizing offices to spend up to a predetermined limit of their total allowance on any buy or investigation. 4. In exercising his/her authority to approve these expenditures, the supervisor should consider: a. The significance of the investigation. b. The need for this expenditure to further the investigation. c. Anticipated expenditures in other investigations. Exhibit"B" Page 6 Funds for PE/PI/PS expenditures should be advanced to the officer for a specific purpose. If theyare not expended for that purpose, they should be returned to the cashier. They should not be used for another purpose without first returning them and repeating the authorization and advance process based on the new purpose. 5. Funds for PE/PI/PS expenditure should be advanced to the officer on suitable receipt form. Informant Payee Receipt or a voucher for P/E should be completed to document funds used in the purchase of evidence or funds paid or advanced to an informant. 6. For security purposes there should be a 48-hour limit on the amount of time funds advanced for PE/PI/PS expenditure may be held outstanding. If it becomes apparent at any point within the 48-hour period that the expenditure will not materialize, the funds should be returned to the cashier as soon as possible. An extension of the 48- hour limit may be granted by the level of management that approved the advance. Factors to consider in granting such an extension are: a. The amount of funds involved. b. The degree of security under which the funds are being held. c. How long an extension is required. d. The significance of the expenditure. Such extensions should be limited to 48 hours. Beyond this, the funds should be returned and readvanced, if necessary. Regardless of circumstances, within 48 hours of the advance, the cashier should be presented with either the unexpended funds, an executed Informant Payee Receipt or purchase of evidence or written notification by management that an extension has been granted. 7. P/S expenditures, when not endangering the safety of the officer or informant, need to be supported by canceled tickets, receipts, lease agreements, etc. If not available, the supervisor, or his immediate subordinate, must certify that the expenditures were necessary and justify why supporting documents were not obtained. TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: October 4, 2006 TO: HONORABLE MAYOR& COUNCIL FROM: Brent Sinclair, AICP, Community Development Director SUBJECT: INITIATE A MASTER PLANNING PROCESS FOR STEAM PUMP RANCH PROPERTY AND REQUEST FOR TRANSFER OF FUNDS FROM GENERAL FUND CONTINGENCY TO COMMUNITY DEVELOPMENT BACKGROUND: The Town is in the process of obtaining clear title to the 15.2 acre parcel known as the Steam Pump Ranch. Acquisition will occur in two stages with the northern piece occurring in October followed by the southern piece in December. Once the Town is able to take possession of the property, the number one priority is to secure the site and stabilize the buildings. Current conditions vary significantly from building to building. The historic steam pump building is in the worst shape and has partially collapsed. Immediate measures need to be taken to stabilize this building and prevent further deterioration. MASTER PLANNING APPROACH: There have been a myriad of ideas and suggested uses for this site; therefore it seems prudent to begin a master planning process now to ensure all these ideas are blending into-_.-a-coordinated effort. The master planning process would incorporate a multidisciplinary project task force to work with a consultant team to develop the plan. The consultant team would consist of professionals skilled in historic architecture, landscape architect, engineering, structural engineering and general site planning. The project task force would consist of a staff project manager, a member of the Historic Preservation Commission, a member of the Park and Recreation Advisory Board, a member of the Oro Valley Historical Society, a member of the Pima County Cultural Resources staff, and a member of the State Museum along with key Oro Valley staff. The Historic Preservation Commission would be the lead Commission overseeing the master plan process and making a recommendation to Town Council for final acceptance. A very similar approach was used in the Honey Bee Village Archaeological Preserve Plan with success. The master plan process promises to be interesting and challenging. One of the initial goals of this process will be to develop the overall theme or story for this site. This theme will then form the foundation for overall site design standards, appropriate complementary uses, coordinated infrastructure, and active and passive recreation. The Master Plan would be comprehensive in scope and include the following major elements: • Existing site and building condition assessment • Building stabilization plans and specifications • Building restoration plans and specifications • Site potential and constrains inventory • Master Site Plan TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 2 of 2 FISCAL IMPACT: project,Of the total $5,000,000 allocated for ro the 'ect, 4.5 million is designated just for site acquisition. It is likely that the Bond will not sufficient fund the entire Master Plan and immediate improvements necessary to stabilize and restore the historic buildings. Therefore the Town will need to provide sufficient funds for the Master Site Plan. The estimated cost of the Master Site Plan is $50,000. Bond Funds will be used to pay for the buildingassessments, stabilization plans and restorations. All Bond basis. an funds are accessible on a reimbursableTherefore, expenditure will need to be reflected in our Bond Fund account and then a reimbursement request made to the County. Once the project task force is organized and a scope of work is developed, then total project costs estimates can be determined. p PROBABLE TIMETABLE: J Organize Project Task Force October 2006 g Develop Master Plan Scope of Work November 2006 Hire consultant team and commence Master Plan December 2006 Secure site and commence building assessment January 2007 Develop building stabilization plans February 2007 Commence stabilization of buildings March 2007 Conclude Master Plan August 2007 SUGGESTED MOTION: I move to approve the initiation of a Master Plan Process for the Steam Pump Ranch Property; and authorize the transfer of$50,000 from General Fund Contingency to Community Development Professional Services. #1/2._ / Community Development Director AI1YA, (.,;/ / Acting AT-ssTstant Town Manager ar,Att Town Manager . t 1, iil i '-',, ,.. 1 , - k. I : 1 ' I, - C/3 ;I: ., iskiik IW111 I it ' i '' t'S '1' a ' i 4 p. `Fwd .I T •4 - I 1.1.4' w 'tit, : ;,, .. ':1 eib . 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E 9_, :*:.:-: ,• , iv - .,... ••••.„•• ........ --. CD Fil '2,-:•*, ...-.. •......• ...-..., o .,, _...13) = re. /---• ,0. i...*::., :.,▪ : -- .....: o .kV t":•:° , o ..., '••'•. '.< '..:7,..... -. ,..,.•. 0 .. i --,.C 1.....7.% " '......../.. -Lt .....7 0 'T..' .....*•• " .7.*:. ...... a ••...., . - •. _ TOWN OF ORO VALLEY 8 -OUNCIL COMMUNICATION MEETING DATE: OCTOBER 4, 2006 TO: HONORABLE MAYOR& COUNCIL FROM: AINSLEY ANNE REEDER, PARKS AND RECREATION DIRECTOR SUBJECT: DISCUSSION AND POSSIBLE ACTION TO SUSPEND ANY ADDITIONAL STAFF EFFORTS IN THE IMPLEMENTATION OF THE NARANJA TOWN SITE STRATEGIC PLAN SUMMARY: It has been proposed that all staff efforts in the implementation of the Naranja Town Site strategic plan be immediately suspended, excluding the ongoing "Programming and Concept Design". Items to be suspended include community outreach and education; development of a revenue and fee structure plan; initiation of public events and activities on the site; development of an operations, maintenance and management plan; and all other activities as outlined in the Logistics Timetable approved by Town Council on August 16,2006. The "Programming and Concept Design" is currently underway. Bums Wald-Hopkins Architects are under a contract with the Town to complete this project. It is proposed that this project continue as planned. SUGGESTED MOTION: The Council may wish to consider the following motion: I move to immediately suspend all efforts by Town Staff in the implementation of the Naranja Town Site strategic plan until further notice, including all items listed in the approved Logistics Timetable, with the exclusion of the "Programming and Concept Design" currently in progress. Attachments: 1) Logistics Timetable Update Parks and Recre• ation Director Assistant wn Manager Town Manager . 0 a) Lt) 0 Lo Lo O Q O CL O O O co O E (-7; (�o .O ! d) 9 U OOC -� D C Q Q o -' Co Z a V CO CO CO CO CO CO CO CO N- f` CO O 00000900CO (.0 (.0 oo �p� 9 0 CO 00� o 0 O L CO O 0 L_ i i. L_ i. 0 0 0 0 L L i f` ti " i0 CO OD O . C COa) C C C a) C i Lp } a) C +OpCaOiN - n E L t cm o_ D E E E E E E E 5 C — E t c v c va o C a_ c c 5 0 0 0 0 a) 0 0 0 0 0 0 C a) = -5 a) C co = ° C C C Q oa -) OO � Q � � a. Qa. � o U U U o a -8 -' > o � _' OO o C) ) Z Z (f) (/ (i) U) u) v) OOOOZCD ZZ p a� a) O In O CO CO o ti 9 co Co 1 a) 1 C � O CO aDoo . � � oo o o o c6 c E L (1) Co CD CD 2 2 -` � COp -, Q Z � Z O c O U V) p c L- O U o co L cu c u '> 0 O U -O a) a C c >,U Q -- Co Q ``=- _ C >� 0 ? X C C +, 1 o C 'CTU � W c ° � o Q C o ;.., C!) > _O - oc 2 c'O 2 -w U co CO p).0 1..1.J — LL C co C C o l— o co O C >, .c� . 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C U C o c p) 0)p C C 'm > — CO m e E = c -p ( _ o °� -E3a) c -•>,-` o c -p O .o)o a.> -p .- EC- E - o .� c Q— c To c -o £ LL C -- c 0 C .- C C c co p) U U U U p O c p co co c -? -�_ co r C - L O - co U) c p) a) a) C a) v C a) .0):.- C Li ._ C O).- C co C >1 0 0 cr, p C w N N c -c L m _ I-i � 0 o C tea" ff0 � 1- U �U O EZ La" w C i- v � 0a c I- .co a- o V ,3L- a) o co e-,- 0 0 o o -) 0 c c Q Q o 0a) 00 U Z E O u- a- cpCZ .c C .� c w Z p — co a) N C c o C U a. 2 ``- U C - t F-- a-2 C a.N ~ O N �' C C a�%C� co I O -,-_, N a E L lz3C 'p, o a.C� C a),:( O C E o o > E .�, ..� O > E o E co .� Q co Q u- a) C l-- O ._ o -p o C o v) C ,1- o C (131-o 0 c a) 'c ILL C O 0 ,}, � < <I , caIS0u),0 < 000wo H< 0zl< 0 < V)_wl� v) =100 w0 A1*---1(2 COUNCIL COMMUNICATION Page 1 of 2 TOWN OF ORO VALLEY MEETING DATE: 10/04/06 HONORABLE MAYOR AND COUNCIL 9ciFROM: MELINDA GARAHAN, TOWN ATTORNEY �--: _.- �: . - IOU SUBJECT: DISCUSSION CONSIDERATION AND POSSIBLE ACTION AUTHORIZING THE TOWN ATTORNEY TO TAKE LEGAL ACTION TO OBTAIN DIRECTION FROM THE COURTS CONCERNING RELEASE OF TOWN EMPLOYEE PERSONNEL RECORDS/INFORMATION RELATING TO EMPLOYEE PERFORMANCE AND INTERNAL INVESTIGATIONS OF EMPLOYEES, PURSUANT TO AN ARS §§ 39-121 ET SEQ. PUBLIC RECORDS REQUEST. SUMMARY: Generally, under ARS §§ 39-121 et seq., all documents and other records created by Town y � employees and officials while performing Town functions and duties are presumed to be public records. lawprovides that the core purpose of the public records law is to allow public access by the public to Arizonap � records and othergovernment information so that the public may monitor the performance of official governmentemployees.officials and their em to ees. Phoenix Newspapers, Inc. v. Keegan 201 Ariz. 344, 35 P.3d 105(App. Div.1 2001), review denied. A publicrequest records was received on September 13, 2006, from a private investigation firm. The request is a completecopies demand for of the Internal Affairs and Personnel files for two Oro Valley Police Officers. The request is not associated with any pending claim or litigation. It is important to note that release of these documents will likelyresult in a significant chilling effect on both the employee performance review and � 'nternal investigations processes in the event such records, in their entirety, are simply made available upon g request. In consequence, the Town will loose valuable management tools that facilitate proper administration of personnel and delivery of quality services. To protect t to such records, the Council may authorize the Legal Department to file a declaratory judgment action in Superior Court. Such an action will ask the Court to review the records and decide whether p the Town's privacyinterests in these records outweigh the public's right to have access to records and all the information they contain. In the alternative, Council may authorize the Legal Department to respond to the demand for records in accordance with the public records law process, identifying the documents or information internal affairs investi ation and performance review documents or information) for which a good (including g . faith claim maybe made that they are not accessible to the public, turning over any other documents or information, and then defending the Town in the event of any litigation brought by the requesting party. ATTACHMENTS: None FISCAL IMPACT: Thep ublic records law provides that, if a requesting party "substantially prevails" in litigation to make records / information accessible, the party shall be entitled to an award of costs and attorneys fees. Because the presumption legal is that any Town record is a public record, there is a significant risk that g the Town will be directed bythe courts to make available the performance evaluation and internal investigation documents relatingto the two OVPD officers. In that event, the Town would be responsible for an estimated $35,000 to $50,000 in costs and attorneys fees that would be awarded to the party demanding the records. RECOMMENDATION: Given the negative consequences for the administration of the Town and harm to individual employees in the event that performance evaluation and internal investigation documents are simply made available without objection and request for guidance from the courts, the Town Attorney recommends that Council authorize the Legal Department to protect the same until directed by the courts to release them pursuant to thep ublic records law. There are risks and benefits to either the proactive approach of filing a declaratory COUNCIL COMMUNICATION Page 2 of 2 TOWN OF ORO VALLEY MEETING DATE: 10/04/06 judgment action or simply waiting and defending in the event the requesting party does not agree with a substantially limited release of requested documents. ALTERNATIVE MOTIONS: I move to authorize the Town Attorney to proceed with the filing of a Declaratory Judgment in the Superior Court of Pima County, Arizona, in order to seek direction of the courts regarding the applicability of the public records law to the employee records requested in this matter. OR I move to authorize the Town Attorney to respond to the demand for employee records in accordance with the public records law process, identifying the documents or particular information (including internal affairs investigation and performance review documents or information) for which a good faith claim may be made that they are not accessible to the public, turning over any other documents or information, and then defending the Town in the event of any litigation brought by the requesting party. / i ,/,,„//1 Melinda arrah n Town Attorney y Philip Saletta, Interim Asst. Town Manager David Andrews, Town Manager