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HomeMy WebLinkAboutPackets - Council Packets (1087) AMENDED **12127104 @ 4:45 p.m. AGENDA ORO VALLEY TOWN COUNCIL REGULAR SESSION JANUARY 05, 2005 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 1. Pursuant to ARS 38-431.03(A)(3) & (A)(4) Consultation with the Town Attorney for Legal Advice and Discussion regarding the Pager Pay Litigation 2. Pursuant to ARS 38-431.03(A)(3) & (A)(7) Consultation with the Acting Town Attorney for Legal Advice and Discussion relating to the purchase/lease of real property for Town Facilities 3. Pursuant to ARS 38-431.03 (A)(3) & (A)(4) Legal Advice, direction and settlement authority pertaining to a lawsuit filed September 17, 2004 regarding La Canada Drive/Lambert Lane Development/Extension of landscape completion date (OVI 2-02-06 and 6A) (Beztak Companies) RESUME REGULAR SESSION AT OR AFTER 7:00 P.M. CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE UPCOMING MEETING ANNOUNCEMENTS —TOWN MANAGER COUNCIL REPORTS DEPARTMENT REPORTS TOWN MANAGER'S REPORT The Mayor and Council may consider and/or take action on the items listed below: ORDER OF BUSINESS: MAYOR WILL REVIEW THE ORDER OF THE MEETING CALL TO AUDIENCE — At this time, any member of the public is allowed to address the Mayor and Town Council on any issue not listed on today's agenda. Pursuant to Staff to ree Arizona vpen iew ew the mattera ask ng Lw, individual matter Council Members may ask Townbe placed on a future agenda, or respond to criticism made by speakers. However, the Mayor and Council may not discuss or take legal action on matters raised during "Call to Audience." In order to speak during "Call to Audience" please specify what you wish to discuss when completing the blue speaker card. 01/05/05 Agenda, Town Council Regular Session 2 khie 1. CONSENT AGENDA (Consideration and/or possible action) A. Minutes — 12/01/04 Resolution No. (R)05-01 Authorizing the Oro Valley Police B. Department to accept the Oversight Council on Driving or Operating Under the Influence Abatement Grant Funds to purchase AudioNideo Recording Systems S stems and Lighting Systems for the DUI Units in the amount of $14,954.00 2. ELECTION OF VICE MAYOR 3. PRESENTATION FROM TUCSON MARATHON RACE DIRECTOR, PAM REED, CONCERNING THE RECENT MARATHON AND RELAY 4. PRESENTATION FROM DR. ANNE MARIE McCARTEN, PRESIDENT CONCERNING PIMA COMMUNITY COLLEGE; NORTHWEST CAMPUS 5. SELECTION OF COUNCIL MEMBER TO SERVE ON THE INTERVIEW PANEL FOR THE ORO VALLEY HISTORIC PRESERVATION COMMISSION 6. DISCUSSION AND/OR POSSIBLE ACTION REGARDING THE ADDITION OF A PARKS AND RECREATION ADVISORY BOARD MEMBER TO SERVE ON THE INITIAL INTERVIEW PANEL FOR THE ORO VALLEY HISTORIC PRESERVATION COMMISSION 7. CONTINUED PUBLIC HEARING — ORDINANCE NO. (0)04-13 REQUESTS APPROVAL OF A REZONING FROM R1-144 (LOW DENSITY RESIDENTIAL) TO C-2 (COMMERCIAL DISTRICT) FOR A SITE COMMONLY KNOWN AS THE ORIGINAL STEAM PUMP RANCH, LOCATED ON THE WEST SIDE OF ORACLE ROAD (DIRECTLY ACROSS FROM EAST HANLEY BOULEVARD AND THE FOOTHILLS BUSINESS PARK) — NORTH OF THE HOME DEPOT SITE AND SOUTH OF THE PROPOSED STEAM PUMP VILLAGE DEVELOPMENT, PARCEL NOS. 220-08-001 C, 220-08-001F, 220-08-001F, 220-08-001 G, 220-08-001K, AND 220-08-002A 8. PUBLIC HEARING - ORDINANCE NO. (0)05-01 EXEMPTING RANCHO VISTOSO NEIGHBORHOOD 3 FROM PORTIONS OF THE RANCHO VISTOSO PAD SIGN REQUIREMENTS AND TO BE REGULATED UNDER THE ORO VALLEY ZONING CODE REVISED, CHAPTER 12, SIGNS, LOCATED WITHIN THE RANCHO VISTOSO PAD, BORDERED BY TANGERINE ROAD, ORACLE ROAD, RANCHO VISTOSO BOULEVARD AND BIG WASH, PARCELS 219-20-8280, 219- 20-8270, 223-02-023A, AND 223-02-021A Town Council 01/05/05 Agenda, Regular Session 3 ORDINANCE PUBLIC HEARING — NO. (0)05-02 ADOPTING THE EMERGENCY OPERATIONS PLAN IN ORDER TO PARTICIPATE IN THE EMERGENCY MANAGEMENT ASSISTANCE GRANT PROGRAM; AND REPEALING ALL RESOLUTIONS, ORDINANCES, AND RULES OF THE TOWN OF ORO VALLEY IN CONFLICT THEREWITH; PRESERVING THE RIGHTS AND DUTIES THAT HAVE ALREADY MATURED AND PROCEEDINGS THAT HAVE ALREADY BEGUN THEREUNDER AND DECLARING AN EMERGENCY TO EXIST 10. PUBLIC HEARING — ORDINANCE NO. (0)05-03 RECREATIONAL AREA IN LIEU FEE PROPOSAL FOR THE UPLANDS AT LAMBERT LANE SUBDIVISION, LOCATED 1/8 MILE WEST FROM THE INTERSECTION OF LA CANADA DRIVE AND LAMBERT LANE WITHIN THE EL CONQUISTADOR PLANNED AREA DEVELOPMENT, PARCEL 224-24-1570 11. PUBLIC HEARING — ORDINANCE NO. (0)05-04 RELATING TO THE CENSE ADOPTING "THE 2002 AMENDMENTS TO PRIVILEGE LI TAX; THE TAX CODE OF THE TOWN OF ORO VALLEY" BY REFERENCE; PROVIDING FOR SEVERABILITY AND PROVIDING PENALTIES FOR VIOLATIONS 12. CONSIDERATION AND/OR POSSIBLE ACTION REGARDING TOWN COUNCIL LIAISON ASSIGNMENTS TO BOARDS, COMMISSIONS, AND OUTSIDE AGENCIES 13. FUTURE AGENDA ITEMS (The Council may bring forth general topics agendas.future meetinga endas. Council may not discuss, deliberate or take any action i on the topics presented pursuant to ARS 38-431.02H) **14. PRESENTATION OF TRAINING GRANT AWARD BY THE DEPARTMENT OF COMMERCE TO VENTANA MEDICAL SYSTEMS, INC. —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 agenda. Pursuant to the Arizona Open Meeting Law, individual Council Members may ask Town Staff to review the matter, ask that the matter be placed on a future agenda, or respond to criticism made by speakers. However, the Mayor and Council may not discuss or take legal action on matters raised during "Call to Audience." Inorderspeakduring to "Call to Audience" please specify what you wish to discuss when completing the blue speaker card. ADJOURNMENT POSTED: 12/22/04 REPOSTED: 12/27/04 4:30 p.m. 4:45 p.m. lh lh • da Town Council Regular Session 4 01/05/05 Agen , t materials‘00 as listed above is available for When ossible, a packet of agenda p the Council meeting in the office of the public inspection at least 24 hours prior to p Town Clerk between the hours of 8:00 a.m. — 5:00p.m. ' the Americans with Disabilities Act (ADA). The Town of Oro Valley complies with • ' ' anytype of accommodation, please notify If anyperson with a disability needs yp the Town Clerk's Office at 229-4700. INSTRUCTIONS TO SPEAKERS right to Members of the public have thespeak during any posted public g hearing. However, those items not listed as a public hearing are for consideration and action by the Town Council during the course of their • Members of the public may be allowed to speak on business meeting. these topics at the discretion of the Chair. If you wish to address the Town Council on any item(s) on this agenda, please card located on the Agenda table at the back of the room complete a speaker and give it to the Town Clerk. Please indicate on the speaker card which item p number and topic you wish to speak on, or if you wish to speak during Call to Audience", pleasespecify s ecif what you wish to discuss when completing the blue speaker card. m when the Mayor announces the item(s) on the Please step forward to the pod iu agenda which you are interested in addressing. 1. Please statename and address for the record. yourCouncil. Please onlyon the issue currently being discussed by 2. Speak organizeyourspeech, you will only be allowed to address the Council once regarding the topic being discussed. 3. Please limit your comments to 3 minutes. "Call to Audience" you may address the Council on any issue you 4. During Ca wish. must speak in a courteous and 5. Any member of the public speaking respectful manner to those present. Thank you for your cooperation. AGENDA ORO VALLEY TOWN COUNCIL REGULAR SESSION JANUARY 05, 2005 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 1. Pursuant to ARS 38-431.03(A)(3) & (A)(4) Consultation with the Town Attorney for Legal Advice and Discussion regarding the Pager Pay Litigation 2. Pursuant to ARS 38-431.03(A)(3) & (A)(7) Consultation with the Acting Town Attorney for Legal Advice and Discussion relating to the purchase/lease of real property for Town Facilities 3. Pursuant to ARS 38-431.03 (A)(3) & (A)(4) Legal Advice, direction and settlement authority pertaining to a lawsuit filed September 17, 2004 regarding La Canada Drive/Lambert Lane Development/Extension of landscape completion date (OVI 2-02-06 and 6A) (Beztak Companies) RESUME REGULAR SESSION AT OR AFTER 7:00 P.M. CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE UPCOMING MEETING ANNOUNCEMENTS —TOWN MANAGER COUNCIL REPORTS DEPARTMENT REPORTS TOWN MANAGER'S REPORT The Mayor and Council may consider and/or take action on the items listed below: ORDER OF BUSINESS: MAYOR WILL REVIEW THE ORDER OF THE MEETING CALL TO AUDIENCE — At this time, any member of the public is allowed to address the Mayor and Town Council on any issue not listed on today's agenda. Pursuant to the Arizona Open Meeting Law, individual Council Members may ask Town Staff to review the matter, ask that the matter be placed on a future agenda, or respond to criticism made by speakers. However, the Mayor and Council may not discuss or take legal action on matters raised during "Call to Audience." In order to speak during "Call to Audience" please specify what you wish to discuss when completing the blue speaker card. • 01/05/05 Agenda, Town Council Regular Session 2 1. CONSENT AGENDA (Consideration and/or possible action) A. Minutes — 12/01/04 B. Resolution No. (R)05-01 Authorizing the Oro Valley Police Department to accept the Oversight Council on Driving or Operating Under the Influence Abatement Grant Funds to purchase AudioNideo Recording Systems and Lighting Systems for the DUI Units in the amount of $14,954.00 2. ELECTION OF VICE MAYOR 3. PRESENTATION FROM TUCSON MARATHON RACE DIRECTOR, PAM REED, CONCERNING THE RECENT MARATHON AND RELAY 4. PRESENTATION FROM DR. ANNE MARIE McCARTEN, PRESIDENT CONCERNING PIMA COMMUNITY COLLEGE; NORTHWEST CAMPUS 5. SELECTION OF COUNCIL MEMBER TO SERVE ON THE INTERVIEW PANEL FOR THE ORO VALLEY HISTORIC PRESERVATION COMMISSION 6. DISCUSSION AND/OR POSSIBLE ACTION REGARDING THE ADDITION OF A PARKS AND RECREATION ADVISORY BOARD '+`" MEMBER TO SERVE ON THE INITIAL INTERVIEW PANEL FOR THE ORO VALLEY HISTORIC PRESERVATION COMMISSION 7. CONTINUED PUBLIC HEARING — ORDINANCE NO. (0)04-13 REQUESTS APPROVAL OF A REZONING FROM R1-144 (LOW DENSITY RESIDENTIAL) TO C-2 (COMMERCIAL DISTRICT) FOR A SITE COMMONLY KNOWN AS THE ORIGINAL STEAM PUMP RANCH, LOCATED ON THE WEST SIDE OF ORACLE ROAD (DIRECTLY ACROSS FROM EAST HANLEY BOULEVARD AND THE FOOTHILLS BUSINESS PARK) — NORTH OF THE HOME DEPOT SITE AND SOUTH OF THE PROPOSED STEAM PUMP VILLAGE DEVELOPMENT, PARCEL NOS. 220-08-001C, 220-08-001F, 220-08-001 F, 220-08-001 G, 220-08-001K, AND 220-08-002A 8. PUBLIC HEARING - ORDINANCE NO. (0)05-01 EXEMPTING RANCHO VISTOSO NEIGHBORHOOD 3 FROM PORTIONS OF THE RANCHO VISTOSO PAD SIGN REQUIREMENTS AND TO BE REGULATED UNDER THE ORO VALLEY ZONING CODE REVISED, CHAPTER 12, SIGNS, LOCATED WITHIN THE RANCHO VISTOSO PAD, BORDERED BY TANGERINE ROAD, ORACLE ROAD, RANCHO VISTOSO BOULEVARD AND BIG WASH, PARCELS 219-20-8280, 219- 20-8270, 223-02-023A, AND 223-02-021A 01/05/05 Agenda, Town Council Regular Session 4 The Town of Oro Valleycomplies with the Americans with Disabilities Act (ADA). If any person with a disability needs any type of accommodation, please notify the Town Clerk's Office at 229-4700. INSTRUCTIONS TO SPEAKERS Members of the public have the right to speak during any posted public hearing. However, those items not listed as a public hearing are for consideration and action by the Town Council during the course of their business meeting. Members of the public may be allowed to speak on these topics at the discretion of the Chair. IfY ou wish to address the Town Council on any item(s) on this agenda, please complete a speaker card located on the Agenda table at the back of the room and give it to the Town Clerk. Please indicate on the speaker card which item number and topic you wish to speak on, or if you wish to speak during "Call to Audience", please specify what you wish to discuss when completing the blue speaker card. Please step forward to the podium when the Mayor announces the item(s) on the agenda which you are interested in addressing. 1. Please state your name and address for the record. 2. Speak only on the issue currently being discussed by Council. Please organize your speech, you will only be allowed to address the Council once regarding the topic being discussed. 3. Please limit your comments to 3 minutes. 4. During "Call to Audience" you may address the Council on any issue you wish. 5. Any member of the public speaking must speak in a courteous and respectful manner to those present. Thank you for your cooperation. A MINUTES ORO VALLEY TOWN COUNCIL REGULAR SESSION DECEMBER 01, 2004 ORO VALLEY COUNCIL CHAMBERS 11000 N. LA CANADA DRIVE REGULAR SESSION AT OR AFTER 5:30 PM CALL TO ORDER 5:35 p.m. ROLL CALL PRESENT: Paul Loomis, Mayor . �� �; :42p.m. Paula Abbott, q" """", Vice Mayor(A � �� ��%�>��-''.. Carter, Counci•l Memb:� ?:'} :t+ K.C. ::,:.::...:.. Conny Culver, Council ;.• , er -+/,; Helen Dankwerth, Co ' ' ember • �1 Barry Gillaspie, Cof. k �{�.,W Me5,. EXCUSED: Terry Parish, Council y" "--,14:„i:4,!--"U,44 rb.GY r.w 4!y%.<j4 EXECUTIVE SESSION AT OR AF + MOTION :y, r. SECONDED by MOTION: Aby Coo��� r� fr• •`- �ankwerth and was made C ��.,f ,�X,�,,�+�" ' '>F ecuti" H ' ~sion at 5:35 p.m• for the following Council Member Culver to �� ` � -,5. purpose: 1 �"h•1/�//� 4 , r` " 3) ::''''A)(7) Consultation with the TownPursuant to � Attorneyfor '-0,V011.40114:'. •ssion relating to procurement of real propert •, his 1 .. eservation ....y.2.jr.,f.;:., ,..: '`�i,5 y� f y f (A)(7) Consultation with the Town 2 Pur Oric0:11$7,,,. � �h; 03(A)(3) & 3 ,, ; e fo kt" ad "''yx'. nd discussion relating to the purchase/lease of real l'Imi: 17' rty for T � Facilities (John Brady—outside legal counsel) 3 P :4' : t ':4::,5'1-431.03 (A)(3) & (A)(4) Legal Advice, direction and setW=V,tki.7. f /ty pertaining to a lawsuit filed September 17, 2004 regardi anada Drive/Lambert Lane DevelopmentlExtension of landscape ompletion date (0V12-02-06 and 6A) (Beztak Companies) ) MOTION CARRIED, 5 —0. Mayor Loomis announced that in addition to the Town Council, the Town Manager, the Town Attorney and the Town Clerk, Beverly Weissenborn, appraiser from Southwest Appraisal Associates and Community Development Director Brent Sinclair would be present in Executive Session for Item 1; John Brady, Outside Legal Counsel from Chandler Udall, Attorneys at Law, and Town Engineer Bill Jansen would be present for Item 2; and Brad Woodford, Outside Legal Counsel from Moyes Storey, Attorneys at 12/01/04 Minutes,Council Regular Session 2 Law, Community Development ment Director Brent Sinclair, Planning and Zoning Administrator Bryant Nodine and Town Engineer Bill Jansen would be present for Item 3. MOTION: A MOTIONby was made Council Member Culver and SECONDED by Council Member Dankwerth to go out of Executive Session at 7:19 p.m. Motion carried, 6-0. REGULAR SESSION AT OR AFTER 7:00 PM CALL TO ORDER 7:30 p.m. ROLL CALL PRESENT: Paul Loomis,Mayor Paula Abbott, Vice Mayor K.C. Carter, Council Member Conny Culver, Council Me Helen Dankwerth, Coun ' ember Barry Gillaspie, Coun.' ember EXCUSED: Terry Parish, Coun ;Y ;y r PLEDGE OF ALLEGIANCE :;I',Y`::!Y • Mayor Loomis led the audience in the Pli" o J 1110 • UPCOMING MEETING CE „,•.,„-.1/7/1. tet. p ing meetings and events. � •yam r. Town Manager Chuck `-�g.�x revs- ��� � �e u ��^'c�i/6 l i�.d'C`�9G.n/`,�iAi yFr•`��%/ yJ" /y5 2f y. ,J1� '..y. f�y/f.b/rs / d iff rJ r /yJJ r ,T,•vJ{116:;:.Y.•k%y.%J •JY fi%/•r ,r%'•.i Jf• Y6.J fj�"/pa%;;li v of:.✓. / ' 'S R —No report. TOWN MANAG � ,.. port. COUNCIL OR ' .:Jj iiOl Fi ,v"•1 • is•c'•'; DEPARTM 1' 3 F 'EPO '�° "5 Town Engineer Bin reported that the La Canada Extension project is N:- approximately 50% co plete and should be completed by mid-summer. He also reported pp Y that all the drilled shafts for the Pusch View Bridge are in place, work has begun on the drilled shafts for the First Avenue Bridge, the La Cholla traffic signal should be operating by December 7th, and the"hill cut"wall along La Canada is complete. p Water Utility Director Alan Forrest reported that on December 14th, Governor Janet Napolitano will be in Tucson from 5:30—7:00 p.m. at the Pima College Downtown p Cam us for part of her"Listening Tour"regarding the State's Drought Plan. CALL TO AUDIENCE—No speakers. 12/01/04 Minutes,Council Regular Session 3 1. CONSENT AGENDA At the request of Vice Mayor Abbott,Mayor Loomis pulled Item A from the Consent Agenda. At the request of Council Member Carter, Mayor Loomis also pulled Item B from the Consent Agenda. MOTION: A MOTION was made byCouncil Member Dankwerth and SECONDED by Council Member Gillaspie to approve Consent Agenda Items C and D. Motion carried, 6 —0. A. Minutes— 11-8-04; 11-17-04 (PULLED FOR DISCUSSION) B. Resolution No. (R)04-122 Approving an Intergovernmental Agreement between the Town of Oro Valley and Golder Ranch Fir G '•strict for the use of the Opticom Traffic Interruption System (PULLED1k DISCUSSION) C. Resolution No• (R)04-123 Approval of an amen. f', the Town of Oro pp � Valley Transit Division 2004-2005 Budget r'{ D. Resolution No. (R)04-124 Authorizing an , ti .roving t ,, "; � s� ���' or to Contract with D.L. Lerew, Inc. in the amount of .f 1.00 for they;'y : t uilding Codes Expansion and amending the F 05 ,i et to provi e for ✓i it r.rfi,G ,/ additional funding /,/ r/f/ A MINUTES— 11-8-04; 11-17-04 /71.•'';'` MOTION: Vice Mayor Abbott MOVE A - ,�' e Minutes as corrected. %NOMNDED t,rr, ion Council carried 6—0. B RESOLUTION NK: 2 A a yS VING AN v'' ; EN' TWEEN THE TOWN OF ORO INTERGOVERNMEy,,,,7,-.114:4)LA�� ii� 9�"r-viY/.,a>.: •' !i <m��Y�•'ca�rcCi6J.. ISTRICT FOR THE USE OF THE VALLEY AND GOLD! ��� � � �;;:��.�;, ,�. s. :�;^s�� OPTICOM TRAF . C I F:CO!UPTIO` SYSTEM i�3 Nor rr1 f/r yr JQ�t J .r,�`hf • ' � i C `'` �y it Member Carter, Chief Sharpexplained that the In response,/d:��uestio ��;����ti4 �xr p maintenan ts will be Wered by the Arizona Department of Transportation (Apar-) ' ^ MOVED to APPROVE Resolution(R)04-122MOTION: Count ber Carter Council Member Da "werth SECONDED the motion. Motion carried, 6—0. 2. TOWN COUNCIL ACCEPTANCE OF THE TOWN'S FINANCIAL AUDIT FOR THE FISCAL YEAR ENDED JUNE 30, 2004 AccountingSu ervisor MaryRallis reported that the certified public accounting firm of p p Cronstrom & Trbovich has completed the financial audit of the Town for the fiscal year ended June 30, 2004. She stated that the auditors have rendered an opinion that the Town's general purpose financial statements fairly present the Town's financial position as of June 30, 2004. Ms. Rallis further reported that the Budget and Bond Committee 12/01/04 Minutes,Council Regular Session 4 reviewed the results of the audit at their October 25, 2004 meeting and recommended rad forwarding the audit to the Council for acceptance. Dennis Osuch, Cronstrom &Trbovich, thanked the Finance Department for their help in there aration of the audit. He reported that all required reports have been submitted p p and all show that the Town is in compliance with auditing practices. Mr. Osuch then reviewed the Comprehensive Annual Finance Report (CAFR) and stated that there are no reportable conditions or major findings. MOTION: Council Member Dankwerth MOVED to ACCEPT the Town's financial audit for the fiscal year ended June 30, 2004. Council Member Culver SECONDED the motion. Motion carried, 6—0. �y1 �: 3. PRESENTATION ON THE REGIONAL TRANS,'O . TION 1 AUTHORITY BY GARY HAYES, EXECUTIVE DIR Ov-�ryA� �,r ilIMA / : ASSOCIATION (PAG) OF GOVERNMENT JJ IN Jygf/: l J /k h'"Y Hayes, Executive Director of Pima Associa •: ;y f Go,,,A , ents (PA ), presented a Gary '`�� '� J ;,��� PowerPoint presentation showing a 20 year overy?.w, '" : ,: . a rocess for developing the Regional Transportation Authority(RTA),plan, cos tJ,, solutions, funding sources, and public participation. He then report ;.t the plan:6 t „sJoposed tax will be placed before the voters in Spring 2006 for ap stitirgv ,„‘1111104 � ��� , a �� nty's plan model as a base. He Mayor Loomis stated that the RTA is usin, .r �, y also stated that General Wic : q ` '" s Oro �J9 's appointee to serve on the Citizen's �5 yy �•� pp SSR Li J j b%I,t � :YK. Committee. ✓, y'' :" J..11' 4. FISCAL YEAR , : . 'DARTER PERFORMANCE REPORT '461!';'7$ON FROM THE GR � EREC NOMIC COUNCIL (GTEC) ` sib S 04 menJ-� -7 cto ''f 3R "Weir reported that the current Financial Economic �.,� p ..::�;/fin�. 1/' .cx`;�,: Partici ati eement the Greater Tucson Economic Council (GTEC) requires p u.'� r...Ug ;,�q'xii them to sub arterl `�r formance report to the Council. He then introduced Steve Weathers, Presi tlfirie of GTEC. Steve Weathers. 33 " tone Avenue, presented an executive summary regarding the searches, projects, recruitment activity, etc. performed by GTEC in the past quarter on behalf of Oro Valley. Mayor Loomis stated that in the near future, he would like to have a Study Session with GTEC regarding pharmaceutical development in the area. 5. PUBLIC HEARING—ORDINANCE NO. (0)04-44 APPROVING THE EXPANSION OF A COMMUNITY SERVICE AGENCY, SPRINGBOARD HOME FOR YOUTH IN CRISIS FROM A TWELVE (12) TO TWENTY (20) BED FACILITY AS PROVIDED BY CONDITIONS OF APPROVAL BY PIMA 12/01/04 Minutes,Council Regular Session 5 COUNTY FOR THE CONDITIONAL USE PERMIT APPROVED APRIL 10, 'Noe) 2001, LOCATED ON THE NORTH SIDE OF TANGERINE ROAD AND WEST OF LA CHOLLA BOULEVARD, PARCEL 224-42-014B Brian Hagedon, 4501 E. 10th Street, architect representing Springboard Home for Youth, stated that their number one goal was to help young women who have been victims of emotional or sexual abuse. He ex lained that the former home only housed six physical, p girls and their desire has been to expand to twenty beds. He explained that when they built the new facility four years ago, they were only able to house twelve girls and now would like to expand to the maximum of twenty beds as allowed in the Conditional Use Permit originally approved by the Pima County Board of Supervisors in April 2001. Mr. Hagedon explained that Springboard has had no negative impact surrounding ��"�' of Springboard visit neighbors (i.e. noise, traffic, etc.) He also reported that the resi �~�''� ts shut-ins, contribute to other organizations in the community Aliarnt,,'ng allows), and Tori Ferrari, Center Director, has committeherself to provide :. . a :•l J�llneeded, to the :F1 Police Department through counseling at no cost to from Council Member $ y ie, :F.Ferrari ex. ained that the In response to a question facilitywas designed for a maximum capacity ofso there is no future expansion planned. '3y< ;fir Council Member Dankwerth stated that ulver and Town Manager Chuck Sweet visited the facility and she d s ye °- -. with the facility and by the workingthere. She stated that the 144.4410'ce i erred to be very happy there. people %!''.l+%/l,'F,�/f✓�/rr��.�nf�%'i 15444 qY� �'rf "M"&`°` she is doing with the girls and stated Vice Mayor Abbott thank-����������/� � . ��ri for Vii..%�:.// :/.4:{�.'{:rf,�, / that she has heard only ‘,,0'!/'vet • `'/` £wv`y` pringboard. - •ardi�„�.,�. .'fiT"'/74:6•4Th .oS �,•'...isi:5`:.;:'r.Y:Nyr'•,.:.:Y:.;. �l:� f,.r :%%.IlrirNti:!:c�iYNj/ir/.•'1• %iJ:!.: i:%i.`;1/rrizr.%�n ./1 ?iii-%/..b/r i.%'�� Mayor Loomis o e.,-i the ��;•6 . ,:,,hearing. ., here being no speakers, the public hearing was closed. 7,7 f`' i,, {'!f. MOTIO *iverH14;tincil. . Me �`.���7Gillas ie MOVED to APPROVE Ordinance (0)04-44, OV8-04-05 b �, 1 e for Youth in Crisis ex ansion of a Service � ��� oard ;�r�.Kh p Community Facilityfrom tF`y• s " 4 ty beds. Council Member Culver SECONDED the motion. yv JSC.nt,.•ri Motion carried, 6 A:rym Mayor Loomis recessed the meeting at 8:10 p.m. The meeting resumed at 8:16 p.m. 6. RECONSIDERATION OF RESOLUTION NO. (R)04-121 TO TEMPORARILY SUSPEND THE ECONOMIC INCENTIVE PORTIONS OF THE ECONOMIC DEVELOPMENT INCENTIVE POLICY GUIDELINES PENDING A COMPLETE REVIEW OF THE OVERALL EFFECTIVENESS AND BENEFIT TO THE TOWN OF ORO VALLEY Acting Town Attorney Tobin Sidles reviewed the process for reconsideration of an item previously acted on by the Council. He specifically stated that the"Motion to 12/01/04 Minutes,Council Regular Session 6 Reconsider"is an administrative matter and is not open to debate or discussion. 11111, Mr. Sidles then reviewed the series of motions from the meeting in which Resolution (R)04-121 was first considered(November 17, 2004.) MOTION.• Council Member Carter MOVED to RECONSIDER Resolution(R)04-121. Vice Mayor Abbot SECONDED the motion. Motion failed 3 —3, with Mayor Loomis, Council Member Culver and Council Member Dankwerth opposed. 7. RESOLUTION NO. (R)04-121 TO TEMPORARILY SUSPEND THE ECONOMIC INCENTIVE PORTIONS OF THE ECONOMIC DEVELOPMENT INCENTIVE POLICY GUIDELINES PENDING A COMPLETE REVIEW OF THE OVERALL EFFECTIVENESS AND BENEFIT TO TH l I WN OF ORO VALLEY „' r, THIS ITEM WAS NOT ADDRESSED DUE TO THE - , 4 -ow ILING IN ITEM 6. y'/ v� J>r , 8. DIRECTION TO STAFF TO CONST ' „ ;:t; , T �y LOVER OAD TRIAN PATH BIKE/PEDES lJi2Sj%%tr<':^s1`s?'•::”: / r.,J Town Engineer Bill Jansen reviewed his. � .'. as prese ti, I the Town Council on November 3, 2004 regarding options fo r ' • . ,, `/ r r', �•M �A • a bi ���destrian path on Glover f;„' Road• The three options were as follows rryr, .��ZfJ/r irr r•r r/fi'. F!r Option 1 - $131,284 (Widen road by 10 ft���~,, ��: -- co ' 'ete barrier, La Cholla to Mountain Breeze.) iiiiH N Option 2 - $88,270 (Detac x` ;]� :�. � -� ��e con���!�,� sidewalk separated 5 ft. from edge of :yam '� , pavement, La Cholla to 1 • ' ” ' Option 3 - $63,008 (Det � " ` separated 5ft• from edge of pavement, Breeze t ;. . Chi" � . .. taff recommends this option from a cost standpoint.) Mountain �':u a'r.. ,ZG;; Discussion y' ed reg,a : c "ruction during summer when school is not in session, co i t: tion time'•# •roximately 60 days), CIP Budget cycle, and drainage areas. :";1%i;- . MOTION: Counc giber Dankwerth MOVED to DIRECT staff to proceed with the design and constructi of Option 3 and that the project be completed prior to the start of the 2005/2006 school year for Wilson School. Council Member Culver SECONDED the motion. DISCUSSION: Vice Mayor Abbott asked that this item be considered sooner rather than in the budgetary CIP process due to the timing and safety issues related to the children. In response to questions from Mayor Loomis, Mr. Jansen explained that the funding would come from the General Highway Fund. He further explained that if the Council directed staff to begin the process now, no other projects would be affected as there are 11011 unspent monies from other projects that they could use. 12/01/04 Minutes,Council Regular Session 7 Mayor Loomis expressed concerns about the"circle" of safety around all the schools and Y the fact that this would be just the beginning of the need for bike paths for children. He stated that in viewingthe video shown at the November 3rd meeting, it seemed to him that there were more significant issues along La Cholla. He agreed that it was a safety issue, but other areas should also be considered. Vice Mayor Abbott stated that Public Works did a good job of showing the safety issues in this area and she asked that the safety of the children be considered so that it does not become a liability issue. She also stated that the Town has approved a policy that would support the installation of the path when the Town partnered with the Pima County Board of Supervisors and their intention to provide safe access to schools. ' f."�`'ork on a plan rfj+�,l.H..f. Council Member Culver stated that she would like to see the To: .; , re regarding safe off-roadpaths around all the schools as the ch•y +y��= -.;.safety is at issue. g g y.:_s moi:s��f'�,�{r.nf,fr,.�. Council Member Gillaspie stated that he would suppo - s item but eed with the that a proper analysis should be done re a the traffic flo'%; " Mayor in p p y g ' �� ��� s. - . around all the schools to determine where the proper routes ofei, atio c. are. Vice Mayor Abbott acknowledged a new housing ccevtra4 ent along Tangerine Road and La Canada Drive that would have a.. ,. / ' fid` `"���° f mately 1. �-� : dences whose children would be using Glover Road to get to f°' In response to a question from Mayor Loo}R.014,,,,00'an 'u explained that this p :r. , development would not haves •ile a . tt "o Glover Road. �.�"`" �•"�'��""� � �creatinga priority identification list for a: � et p Y Further discussion folio:,. regar .s ` rye: : eg�� ����."�'%chools establishing the bike/pe ./-� :- Q i `2 �Y�in'Nh'ri� "42Z, MOTION . MOTION CA' ` `':-:� .-' s,� or Loomis opposed. 4:,(.1;/ 9. R r' UTION R 04-125 AMENDING RESOLUTION NO. 01-80, 3:8EDE R TOWN COUNCIL PARLIAMENTARY RULES AND PROCE 4 2Z, OF CONDUCT, SECTION 8 PROCEDURES 9 PUBLIC HEARING PROCEDURE FOR MEETINGIN,• REGARDING NO SIGNMENT OF TIME Acting Town Attorney Tobin Sidles explained that Resolution (R)04-125 was being offered to the Council for their consideration to help lessen the length of town meetings. He reported that one way to help achieve this would be to limit the public to three (3) minutes when speaking. He explained that the Town started allowing the public to yield their time to other speakers so they could speak for a longer period of time. Mr. Sidles explained that this change in policy would be in compliance with surrounding jurisdictions. He also explained that the League of Arizona Cities and Towns was contacted and they had not heard of allowing speakers to assign their time to others. 12/01/04 Minutes,Council Regular Session 8 Mayor Loomis opened the floor for public comment. ttiotd Chet Oldakowski, 11706 N. Via DeLa Verbenita, commented that he was probably one of the worst offenders in using other peoples time,but questioned"if not here, where? Where would the public have the opportunity to talk to the Council and staff?" Council Member Carter commented that he did not see any harm in leaving things as they are. He stated that he would much rather see one person speak for several and take more time than have many people speak for three minutes each. Council Member Culver commented that during Call to Audience was not the time to make a presentation which has happened. She said that if there isA' sue they can bring it to the Council's attention and it may end up being placed on : . e agenda. She stated that she supports the 3 minutes and not assigning time %:. . er speaker. She stated that she would, however, like to allow a speaker on4,eio " ,V - r�-•resent a group s ��. duringa Public Hearin and limit that person to a maxi =_y 1 of 15 m ;,,,. g :4," ��,::.:. ��!Vii: r/ � Vice Mayor Abbott stated that Council should no, ` r" `•� '''t the.�s�--alic's oppo � nity for input. She stated that the developers should be limited t':'44,:#440 . She questioned whether the Council was so threatened that they are trying tolitit h peoples' voices? She said that approval of this resolution would se Rz "n '- wrong 1r11,:,! essage. She commented 'J-fiy:.ver ,. i /r/a4: ,l:r that the Council is there to work for the ±� ry lso �.; :d that the Council should leave the decision of whether a group wa s to ed by a single person up to the group. She stated that if the people take ti "lam' " e." ``:% meeting then they should be given their 3 minutes• 141r ';;;;!: "'�"'h"/" � �"y� nted that theywere in no waydepriving Council Members Culv.-' k�� Da : - kir co :MSF- p g '� G"`,ankwerth also commented that the anyone of their 3 minute F� ,� ° - ntat r"�y a groups ould be limited to 10 minutes. maximum for a rc c .� rte',; ./z �/:•,/.., Gillas to lft he has always hada problem with the 3 minute Council Me �., ° �� A.�� Y the time �z the Public is allowed to speak should be dictated by the rule. He flit;!,, � Mayor or the;4ridepen!:` , on the circumstances of each meeting. He also stated that he felt that the P*45,,,:,, R: ked against the citizens as theydo not have professionally g paidY w lobbyists, atto /� s eng ineers, etc. to represent them. He further commented that most of the comment'i wring meetings was coming from the Council and not citizens and we must also consider the fact that there are now two more members on the Council. He also stated that he did not have a problem with people not being allowed to assign time to others during non-public hearings. Mayor Loomis commented that meeting management has been a topic of discussion at many Council Retreats. He stated that he did not have a problem allowing the Chair the discretion to allow people to go beyond the 3 minutes but he felt that some guidance should be provided. s 4 12/01/04 Minutes,Council Regular Session 9 MOTION: Vice Mayor Abbott MOVED to DENY Resolution (R)04-125. MOTION y FAILED due to a lack of a Second. MOTION: Council Member Culver MOVED to ADOPT Resolution(R)04-125 with the following change: Section 9.1.E to read in part "if there are several speakers on a matter, individuals representing the citizen group may be limited to 10 minutes. Other than that, p g an individual would remain within the 3 minute time limit." Council Member Dankwerth SECONDED the motion. Further discussion followed regarding: • Should members of the citizens group be required to be present to dedicate their time to a specific speaker? • Addingthat"if there are several speakers on a matter••• 0y='y they would have up to 10 minutes." • Allow the Chair the discretion to govern the time a •t :me limit. • to 15 minutes Possibl change the 10 minutes • Add a clause that allows additional time by t " nsensus of th-% ',': cil. fir/� �C...r;' �,y,�• /Jf/' vf•iii:...: MOTION FAILED, 3- 3 with Council Member >. %� :•�� �„ {;{� ncil Member Carter, and Vice Mayor Abbott opposed .:iii/i%[i'�'� ::'>j::i,.�.`.S>'�r r,, MOTION• Mayor Loomis MOVED tor` ,. ' ' .. 'eso " (R)04-125 with the changes made to paragraphs 8.5 and 8.6 � f = 1w eave 9.1 as was originally . es �:.1. 01010 ' �, .,y.. ��iiVa'74*'CI theCouncil whether eo le approved (which leaves it at the discretion A : people °''" "` f r A :'' its.) Council Member Culver can combine time and takes •:�x�� �.z:�:5 min {{ .:�y�.':' . l :: !Y'::':�:YY{; SECONDED the motion. k,,; °' rye "��"¢ ,.,./'7•.�i{ � .fog':':f•,,: ��+,',Zo 7�,'':.N! �N'• ��r. {f AMENDMENT TO Tequest of Council Member Gillaspie, • i `" ' ber Culver AGREED to change section 9.1 from Mayor Loomis and unc ; "shall" be limi _ .v. " :,."may"" be limited..... and also in section 8.6 N. ._.f.b',ri Sha � � .�9'!�xr � '� � ✓ change "sh +' #4�:����e lima ��•���� �% ma ij��.�ye limited. -Vag:. AMENDME `y 'I THE : TION: Vice Mayor Abbott MOVED to AMEND section 8.5 q� to read"ma �'. i ead of"maynot•" Motion to amend, FAILED due to a lack p of a Second MOTION AS AMENDED CARRIED, 4--2, with Vice Mayor Abbott and Council Member Carter opposed. 10. DISCUSSION AND POSSIBLE ACTION REGARDING TOWN COUNCIL MEMBERS GIVING DIRECTION TO TOWN STAFF DURING COUNCIL MEETINGS g Town Manager Chuck Sweet stated that Council Member Gillaspie had requested that COO this item be placed on the agenda. He explained that in response to that request, the 12/01/04 Minutes,Council Regular Session 10 Council was provided with Town Council Policy No. 2 COUNCIL/STAFF %ind RELATIONSHIPS. Council Member Gillaspie commented that he personally has asked for a lot of resources from Town staff and it became apparent to him that he was pulling people off of their other work. So, he was trying to make sure that he focused requests for staff's time through the Town Manager's Office. He wanted to highlight that the Council should be goingthrough the Town Manager for such requests. He also questioned the use of "consensus"in Section III in securing direction from the Council to staff and whether it would violate Open Meeting Laws. At the request of the Mayor, Mr. Sweet explained that regarding r 7 s y: sts from Council Fy�'7J�"C Members, if the item is a simple request and does not require a .„Yr�.��;Y; research the item is handled quickly. If a request should require significant staff . 1w �� s and would pull q Y q q gy �.r. F(A . ` r y,. forward to a them off existing projects, he would ask the Council Mem�-!� ,� ..:jfr{.. the • ::��Auld be o .��"�"����' Council meeting where direction from entire Coun month f` ''f Poli ; as been m dified to make Mayor Loomis highlighted that in the past � . easier toget items of concern on the agenda to -,.rr '!s ,,.. it g ���•' � ;: :� .� ¢ He stated that he felt the process can work and it takes four council members ; '_.,,,te a policy. j'':%:r;'.;;:.:::a',..':. is"%:%,!>...<:,;.•.,? Council Member Gillaspie stated that d . g % • eeti ' ;'; e Council has on occasion directed staff to do something. *kit eq .4*,, y-'the Town Manager let them know if it is something that the entire Couritx . a d orize. Vice Mayor Abbott stated „,#' � �� e irective, it may require some time and it is something that is in o ` "r�"res'' ;; �� �� 4:Ong being discussed or brought up in Call to Audience. So she usu r ��.O W;;S• om=�t ana er. She stated that if we are now ttin our hands an,.::: ing° ;@; -::e must have a consensus, she has a problem with that as ying .�./�� µ they are trying • �; . .:., y`':.r. C hould be allowed to give directives without having a consensus. 7g6N aid to -6 4 av axit1:4-nsus could violate the Open Meeting Laws. Council Me ��'���/r. ulver c. i ented that if an issue comes up during Call to Audience, then the CounciCrA .:�(0Yur4 ortunit ding"Future Agenda Items to give the directive and have the item :Wlfred. So she did not think that the Councils' hands were tied. Mayor Loomis stated that there processes in place and the Council must consider the Y resources that it takes to accomplish a job. He stated that Town staff works very hard, so additional tasks usually require that something else has to give. He stated that priorities must be established. Vice Mayor Abbott agreed that the Council has to be cognizant of what they are asking for but she had a problem with the policy. She also commented that whenever there are policy issues before the Council, she would request that discussion be at one meeting and approval be done at another meeting. 12/01/04 Minutes,Council Regular Session 11 Council Member Gillaspie commented that he was not asking for any action on tonight's item. He also explained that he had requested that this item be discussed before the Council approved the"Future Agenda Items"portion of the agenda. Mayor Loomis commented that one council member does not "direct". The majority of the Council "approves and directs"policy. 11. DISCUSSION AND ACTION REGARDING THE IDENTIFICATION OF TOWN COUNCIL MEMBERS TO APPROVE THE SELECTION PROCESS FOR TOWN ATTORNEY SELECTION PROCESS Human Resources Director Jeff Grant reported that on September rz< 004, the Council qt'gramended the Town Code to change the appointment process for ffice of Town Attorneyfrom the Town Manager to the Town Council. He .--d that he has yf ... N suggested a recruitment process for the vacant Town Atto •o `,..,nd recommended that three Council Members be named as the Screenin• � mittee. %4" ted that to r 7"9, date, five Council Members have expressed an inter:, serving as m- . He asked co .x - �'�H�.ee and wh��`will serve. the Council to consider how many should serve NO-: r�!xr Wtated that the Screening ' In response to a question from Mayor Loomis, Mr. �. � :, Committee would review the applicatio RLQ bring the ah'. n to a reasonable number (5 or 10) and then the entire Council w.' l" y-':a the °:,.r�k, ts. In response to a question from Council M� ,-z, y ve` y' r• Grant explained that the screening process could be di ecuti sion. Acting Town Attorney Tobin Sidles further explained t s.. s c"t " ' be dorf•ut the Town would need the permission of the applicants to hav rev . :-s k. Ex Session. 'Y.•/%/f'i :! yfif l/,:!/�Yl.rr'4:f�:f:1%vY'�/✓.:r/ir i /�•%!.!•i. .X:!Y:.0 n::.yiif:/Nf.%,1;..,.•�•.l.:%:jv/;'fii4:lii fly'• ,.�.�,..'y/'.f::.4xi i1/f,•lf:!::'%}i:.'.:'y>:Y.i':i....0r'i'Sy:.;r:/.h'r',, Council Member D. A we -Tr tioned w ether they could all look at the applications separately not-y $ - '. „' ey " , • interview that specific party, thus allowing everyone in�� hen 0••v ?vou �"itv,-no concerns regarding Open Meeting Law violations.*::',, rant statw rk at this could be done if the Council so desired. MOTION: Ma,#4,0,-.11 o.' • . OVED that Vice Mayor Abbott and Council Members Gillaspie, DankweliKr t r ,•yter and Culverserve on the Screening Committee for the Town g Attorney selection process and that the Screening Committee will continue to work with the Human Resources Director and Town Attorney to determine the process on how they areg oing to "down select"the applicants. Vice Mayor Abbott SECONDED the motion. Motion carried, 6—0. 12. FUTURE AGENDA ITEMS Vice Mayor Abbott stated that she would like to place: "Consideration to add Policy#17 to our Economic Development Agreement Guidelines requesting that this item be referable" on the December 15'h Council Agenda. SECONDED by Council Member Carter. 12/01/04 Minutes,Council Regular Session 12 114104 CALL TO AUDIENCE Art Segal, 10148 N. Bighorn Butte Drive, commended Vice Mayor Abbott, Council Member Carter and Council Member Gillaspie for serving and supporting their constituents. He also commented that it was a major disappointment that the Council did not allow the issue of a referendum to be applied to the Town's Economic Development guidelines. ADJOURNMENT MOTION: Council Member Dankwerth MOVED to adjourn at 9:0`0„,..m. Council Member Gillaspie SECONDED the motion. Motion carried, 6 Respectfully • submitted, •::. hila.>+•fi;%./ !':h�'+,+::%'�Fi' . Garrity, C ; .. y • Roxanayr_ �'` Deputy Town Clerk '`�N :",r , N// "h ifG:` ti-"'• :+/`/'+%;>:.;:!qtr.. k111101 I hereby certify that the fora;g• '� nutty f ` a true and correct copy of the minutes �� ��{� �`'1/�r�/�� Oro �`•NjJey Council of Oro Valle Arizona held of the re ular session of 1"' oY� ;':r�%ltir- 3%ffil.gY %:;"G'•{ir.:..,/. on the_1st day of Def ""l er 2 l. ' certify that the meeting was duly called and held and that a ""` "`:�."`` quo�� ��¢. �,�� •6�� �� :.:. x%!! ice': • ' %•:,, ? y��% 200 Dated this : -' . o - n • N., r!rjJ on,/> .,✓.%sv,✓.' ✓/%1..µf�''/.j.,vYj:.` Kathryn E. Cu � k"'� Town Clerk ‘Ot B TOWN OF ORO VALLEY COUNCIL COMMU1vICATION MEETING DATE: January 5,2005 TO: HONORABLE MAYOR AND COUNCIL FROM: Daniel G. Sharp, Chief of Police SUBJECT: Resolution No. (R)05-01 authorizing the Police Department to accept the Oversight Council on Driving or Operating Under the Influence Abatement Grant for Equipment. SUMMARY: Grant funds became available through the Arizona Criminal Justice Commission&the Oversight Council on Driving or Operating Under the Influence Abatement for enforcement purposes, prosecutorial, and judicial activities related to preventing and abating driving or operating under the influence occurrences in a motor vehicle. All governmental agencies were encouraged to take an active part in the DUI Abatement Grant program and as such the Oro Valley Police Department applied for these funds. The Police Department's application to the Oversight Council requested funding in the amount of $14,954.00 to replace and improve outdated equipment on the DUI Units for both officer safety and prosecution at a later time. The requested equipment included new audio/video recording systems and lighting systems for the DUI Units. The Oversight Council has informed the Police Department that our proposal has been funded in its entirety and that there is$14,954 available to purchase the requested equipment. The Police Department respectfully requests Council's permission to accept the Oversight Council on Driving or Operating Under the Influence Abatement's grant funds in the amount of $14,954.00 to purchase the recording and lighting systems for the DUI Units. FISCAL IMPACT: FY 04/OS -None ATTACHMENTS: 1) Resolution No. (R) (R)05-01 2) Letter and Original Grant Agreement # DUI-05-122 From Oversight Council. RECOMMENDATIONS: Acceptance is recommended. SUGGESTED MOTION: I move that Resolution No. (R) 05-01 be adopted. 121 Daniel G. arp, Chief o olice 1/ I zee/ . / Charles F. Sweet,Town Manager RESOLUTION NO. (R) 05- 01 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA,AUTHORIZING THE ORO VALLEY POLICE DEPARTMENT TO ACCEPT THE OVERSIGHT COUNCIL ON DRIVING OR OPERATING UNDER THE INFLUENCE ABATEMENT GRANT FUNDS TO PURCHASE AUDIO/VIDEO RECORDING SYSTEMS AND LIGHTING SYSTEMS FOR THE DUI UNITS. WHEREAS, the Oversight Council on Driving or Operating Under the Influence Abatement was accepting grant applications for Arizona State funds in the form of a reimbursable grant; and WHEREAS, it is the interest of the Town of Oro Valley to apply for and receive grant funding for the purposes of furthering public safety within the boundaries of the Town of Oro Valley; and WHEREAS, the Oversight Council on Driving or Operating Under the Influence Abatement has awarded the Town of Oro Valley Police Department State funds from the DUI Abatement Grant Program to purchase audio/video recording and lighting systems for the DUI Units; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF ORO VALLEY that the Mayor and any other administrative officials of the Town of Oro Valley are hereby authorized to take such steps as are necessary to execute and implement the terms of the grant. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley,Arizona, this January day of 5th , 2005. TOWN OF ORO VALLEY,ARIZONA Paul H. Loomis, Mayor ATTEST: Kathryn E. Cuvelier, Town Clerk APPROVED AS TO FORM: Town Attorney Oversight Council on Driving or Operating Under Influence December 2, 2004 Chairperson Chief Daniel G. Sharp RICHARD J.YOST,Chief Oro Valley Police Department EI Mirage Police Department 11000 No. La Canada Oro Valley, Arizona 85737 MARK DANNELS, Lieutenant Cochise County Sheriff's Office Dear: Chief Sharp: TERRY DEBOER, Executive Officer - Grant Number RE: Oversight Council on DUI Abatement Grant Department of Public Safety 9Program DUI-05-122 RICHARD FIMBRES, Director Governor's Office of Highway On November 29, 2004 in response to your application for grant funding under Safety the DUI Abatement Grant Program, the Council voted to approve an award of $14,954. KATHY GLENN MADD Chapter—Yavapai County Enclosed please find the Grant Agreement, with instructions for obtaining signatures and formal action by your agency. Please return the Grant ALBERTO GUTIER Agreement(all pages)with authorized signatures to the Council office within 90 Speaker of the House appointee days of the award date. BRANDY JOHNSON Also, enclosed are financial forms and instructions. Please forward these forms Governor appointee along with a copy of the Grant Agreement budget section to the person responsible for completing and submitting them to the Council. Please use the STACEY STANTON, Division attached activity reports forms to report progress on your project. A user Director Motor Vehicle Division friendly version of the Grant Resource Manual is available at www.acjc.state.az.us. for those who need guidance on grant management. KERRY WANGBERG Direct Deposit ofgrant funds is available through Automated ClearingHouse of Phoenix Prosecutor p 9 (ACH)Vendor payments. See the enclosed information brochure and contact us if you wish to participate. This is a quick and easy way to receive your quarterly reimbursements. Please call Gerald Hardt or Kathy Karam at (602) 364-1146 if you need additional information, or if we may otherwise be of assistance. Sincerely,g/%441-' PlArfOversight Council on Driving or Operatin g Under the Influence Richard J. Y e t Abatement 1110 West Washington,Suite 230 Chairperson Phoenix,Arizona 85007 PHONE:(602)364-1146 FAX:(602)364-1175 it „ r Y , , OVERSIGHT COUNCIL on c \ DRIVING or OPERATING UNDER the INFLUENCE . 1. ABATEMENT i'*, GRANT AGREEMENT Grant Number DUI-05-122 State Funded Grant Program This Grant Agreement is made this 30th day of November, 2004, by and between the OVERSIGHT COUNCIL on DRIVING or OPERATING UNDER the INFLUENCE ABATEMENT hereinafter called the "COUNCIL" and TOWN OF ORO VALLEY, through Oro Valley Police Department hereinafter called "GRANTEE". The COUNCIL enters into this Agreement pursuant to its authority under the provisions of A.R.S. § 28-1303 (G), 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 December 1, 2004 and terminate on November 30, 2005. This Agreement expires at the end of the award period unless prior written approval for an extension has been obtained from the COUNCIL no later than sixty (60) days prior to the end of the award period. 2. The GRANTEE agrees that grant funds will be used: ® For enforcement purposes, prosecutorial, judicial activities, and alcohol abuse treatment services related to preventing and abating driving or operating under the influence occurrences in a motor vehicle or a motorized watercraft as specified in the grant application and the approved budget. fl For innovative programs that use emerging technologies to educate, prevent or deter occurrences of driving or operating under the influence in a motor vehicle or motorized watercraft as specified in the grant application and the approved budget. 3. The COUNCIL will monitor the performance of the GRANTEE against goals and performance standards outlined in the grant application. Sub-standard performance as determined by the COUNCIL 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 COUNCIL 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 (30) calendar days to this notice, and does not provide sufficient information concerning the steps which are being taken to correct the problem, the COUNCIL 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 COUNCIL approval may constitute sufficient reason for the COUNCIL 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. DUI Abatement Grant Number DUI-05-122 Page 2 4. This Agreement may be modified only by a written amendment signed by the Chairman of the COUNCIL or by persons authorized by the Chairman on behalf of the COUNCIL 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 COUNCIL: Oversight Council on Driving or Operating Under the Influence Abatement c/o Arizona Criminal Justice Commission 1110 W. Washington Street, Suite 230 Phoenix, Arizona 85007 Attn: Program Manager B. If to the GRANTEE: Oro Valley Police Department 11000 No. La Canada Oro Valley, Arizona 85737 Attn: Chief Daniel G. Sharp 5. For grant awards above $100,000, the GRANTEE may make budget adjustments of up to ten (10) percent of the total grant within any approved budget category. If the GRANTEE wishes to make adjustments or reprogram in excess of ten (10) percent or purchase equipment, written approval from the COUNCIL in advance is required. For grant awards less than $100,000, the GRANTEE may make budget adjustments of up to ten (10) percent within approved categories as long as there are no changes to the purpose or scope of the project. APPROVED LINE ITEM PROGRAM BUDGET Salaries & Fringe Benefits $ Not Approved Overtime $ Not Approved Professional & Outside Services $ Not Approved Travel $ Not Approved Operating Expenses $ Not Approved Equipment (Type: Lighting for cars, In-car video) $ 14,954 TOTAL $ 14,954 Personnel Positions Funded: None 6. It is agreed and understood that the total to be paid by the COUNCIL under this Agreement shall not exceed $14,954 in State funds. The GRANTEE understands that quarterly financial reports are required for reimbursement of expenditures. 7. The GRANTEE agrees that any program income, interest or other revenues earned as a result of these grant funds shall be accounted for to the COUNCIL, and be used by the GRANTEE to further the purpose and/or objective of this program, unless otherwise directed by the COUNCIL. 8. No funds shall be used to supplant Federal, State, county or local funds that would otherwise be made available for such purposes. 111 DUI Abatement Grant Number DUI-05-122 Page 3 9. The GRANTEE agrees that grant funds are not to be expended for any indirect costs that may be incurred by GRANTEE for administering these funds. This may include, but is not limited to, costs for services such as accounting, payroll, data processing, purchasing, personnel, and building use which may have been incurred by the GRANTEE. 10.The GRANTEE agrees not to use grant funds for food and/or beverage unless explicitly approved in writing by the COUNCIL. 11.The GRANTEE agrees to remit all unexpended grant funds to the COUNCIL within forty- five (45) days of written request received from the COUNCIL. All goods and services must be received by the GRANTEE within sixty (60) days of the expiration of this award. 12. Every payment obligation of the COUNCIL 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 COUNCIL. No liability shall accrue to the COUNCIL in the event this provision is exercised, and the COUNCIL shall not be obligated or liable for any future payments or for any damages as a result of termination under this paragraph. 13.The GRANTEE agrees to obtain COUNCIL approval for all sole-source procurements in excess of $100,000. 14.The GRANTEE agrees to obtain COUNCIL approval prior to the expenditure of grant funds for consultant fees in excess of $450 per day. 15. 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. 16. The GRANTEE agrees to abide by State laws and provide accounting, auditing and monitoring procedures to safeguard grant funds and keep such records to assure proper fiscal controls, management and the efficient disbursement of grant funds. 17. 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 COUNCIL. All such documents shall be subject to inspection and audit at reasonable times. 18.The GRANTEE agrees to follow its own agency equipment disposition policies when the equipment is no longer needed for the grant program. If the GRANTEE has no policy, reference the Uniform Accounting Manual for Arizona Counties authorized by the Auditor General for disposition guidelines and guideline development. Link: Uniform Accounting Manual for Arizona Counties http://www.auditorgen.state.az.us DUI Abatement Grant Number DUI-05-122 Page 19.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. 20.The GRANTEE agrees that it will submit quarterly financial and performance reports to the COUNCIL on forms/format provided by the COUNCIL, documenting the activities supported by these grant funds and providing an assessment of the impact of these activities. 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 to be submitted according to the following schedule: Report Period: Due Date: December 1, 2004 to March 31, 2005 April 15, 2005 April 1, 2005 to June 30, 2005 July 15, 2005 July 1, 2005 to September 30, 2005 October 15, 2005 October 1, 2005 to November 30, 2005 December 15, 2005 More frequent reports may be required for GRANTEES who are considered high risk. 21.The GRANTEE understands that grant funds will not be released until all required reports and reversion of funds from any prior year grant are submitted to the COUNCIL. 22.The GRANTEE agrees to keep time, attendance, and effort records signed by the employee and supervisory official having first hand knowledge of the work performed by the grant funded employees. 23.The parties agree to use arbitration in the event of disputes in accordance with the provisions of A.R.S. § 12-1501 et seq. 24.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 23 of this Agreement pertaining to disputes which are subject to arbitration. 25.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. 26. Each party (as "Indemnitor") agrees to indemnify, defend and hold harmless the other party (as "Indemnitee") from and against any and all claims, losses, liability, costs, or expenses, (including reasonable attorney's fees) (hereinafter collectively referred to as "Claims") arising out of bodily injury of any person (including death) or property damage, but only to the extent that such Claims which result in vicarious/derivative liability to the Indemnitee are caused by the act, omission, negligence, misconduct, or other fault of the Indemnitor, its officers, officials, agents, employees, or volunteers. If the GRANTEE is a state agency this paragraph does not apply. DUI Abatement Grant Number DUI-05-122 Page 5 27. Unless the 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 jurisdiction or agency issuing any permits for any work arising out of this Agreement, and their respective directors, officers, officials, agents, and employees (thereinafter referred to as "indemnitee") from and against any and all claims, actions, , liabilities, damages, losses, or expenses (including court costs, attorney's fees, and costs of claim processing, investigation and litigation) (herinafter 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 Workers' 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 negligent or willful acts or omissions of the indemnitee, 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 used by the GRANTEE for any contractor are attached to this Agreement as exhibit"A" and incorporated herein by this reference. 28.The GRANTEE agrees to comply with all Federal Civil Rights Laws, including 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; The Age Discrimination Act of 1975; 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 COUNCIL. 29. No rights or interest in this Agreement shall be assigned by GRANTEE without prior written approval of the COUNCIL. 30.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. 31.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. 32.This Agreement is subject to cancellation pursuant to the provision of A.R.S. § 38-511. 33.The GRANTEE agrees to notify the COUNCIL within ten (10) days in the event that the project official is replaced during the award period. DUI Abatement Grant Number DUI-05-122 Page 6 34.This Agreement may be cancelled at the COUNCIL'S discretion if not returned with authorized signatures to the COUNCIL within ninety (90) days of commencement of the award. 35. 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. DUI Abatement Grant Number DUI-05-122 Page 7 ,aa;,, F„-. .. .,.- ..-::.svan--,,sn"2;-i...,,.-+'sZ^.....: .; ....:..m;%m:'_:fi,,' .'.;o:.e•.:v.ca�'`.>;.;'w, .,.ae;rz..�:v3s-. .Cwee^': ,';>.',":v' ,fig-in:.s _s..._:.,s `.". c`s:, .:, _..c.::�rr1",'.a... __ "#4:ni+'t.-�ir�v'.es�i".a._'- i^r ,y=� -.r1 a+'- -e;Y'•a''Y 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 COUNCIL 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: :Y'.cx..sr+_i_.....a.g_--...-sS i+..�wi2".5: .'f ]4 :I 'rv-••--••s':3s3a't-Sv^YSRSA".b'Z4YR$3eTSt BSiaeiv*-L^ENII:m`T"^•',4:11 iS. e i�fi�iL-:fZ ai.�C��.:_>�iB.^'£.8::v.B�...s.SL'-::� Tduu .; 2Lmi2%}:.vS.rv'icY'Tii: .l' OW, •s r..+.w. _..,3 a.....Y.- -n.. ..:i `"✓ ..r3S3L•'aS4 Appropriate A.R.S., ordinance, or charter reference FOR: COUNCIL: Richard J. Yost, Chairperson Date Oversight Council on Driving or Operating Under the Influence Abatement . GRANT AGREEMENT Insurance Requirements Exhibit"A" Insurance Requirements for Governmental Parties to a Grant Agreement: None. Insurance Requirements for Any Contractors Used by a Party to the Grant Agreement: (Note: this applies only to Contractors used by a governmental entity, not to the governmental entity itself)The insurance requirements herein are minimum requirements and in no way limit the indemnity covenants contained in the Intergovernmental Agreement. The 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.) Exhibit"A" Page 2 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. 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. r • Exhibit"A" Page 3 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. provided e 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. 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 county or local government agency 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 OT 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. 2 TOWN OF ORO VALLEY 1 COUNCIL COMMUNICATION MEETING DATE:January 5, 2005 TO: HONORABLE MAYOR & COUNCIL FROM: Kathryn Cuvelier, CMC Town Clerk SUBJECT: ELECTION OF VICE MAYOR SUMMARY: Section 2-1-4 of the Oro Valley Town Code states that "At the first regular meeting in January of each calendar year, the Town Council shall elect one of its members as Vice-Mayor by a majority vote. Those Council Members eligible each January are onlythose whose terms will not expire in June of that calendar year." Those eligible for consideration are: Council Member Abbott (current Vice Mayor) Council Member Carter Council Member Culver Council Member Dankwerth Council Member Gillaspie Council Member Parish ATTACHMENTS: 1. Oro Valley Town Code, Section 2-1-4 Office of Vice Mayor RECOMMENDATIONS: None. SUGGESTED MOTION: Mayor Loomis will open/close nominations. I MOVE to Elect as Vice-Mayor effective January 5, 2005 —December 31, 2005. Wr• 6f-C, / /: Kathryn E. Cuvelier, CMC Town Clerk 1 ;' / fi' HAL.i,Le.i Chuck Sweet, Town Manager Oro Valley Town Code duringthe final year of the term being served,no incumbent Council Member may offer their nomination for the office of Mayor. Once an incumbent formally resigns from their duty elected office,the office is declared vacant. Any person desiring to become a candidate for office shall file nomination papers pursuant to ARS 16-311(a) in order to declare candidacy for that office. C. Powers and Duties. The powers and duties of the Mayor shall include the following: 1. The Mayor shall be the Chief Executive Officer of the Town. 2. The Mayor shall be the Chairperson of the Council and preside over its meetings. The Mayor may make and second motions and shall have a voice and vote in all its proceedings. 3. The Mayor shall enforce the provisions of this Code. 4. The Mayor shall execute and authenticate by his/her signature such instruments as the Council or any statutes, ordinances, or this Code shall require. 5. The Mayor shall make such recommendations and suggestions to the Council as is considered proper. 6. The Mayor may,by proclamation, declare a local emergency to exist due to fire, conflagration, flood, earthquake, explosion,war,bombing, or any other natural or man-made calamity or disaster or in the event of threat or occurrence of riot,rout, or affray or other acts of civil disobedience which endanger life or property within the Town. After such declaration of such emergency,the Mayor shall govern by proclamation and impose all necessary regulations to preserve the peace and order of the Town, including but not limited to: a. Imposition of a curfew in all or any portion of the Town. b. Ordering the closing of any business. c. Closing to public access any public building, street, or other public place. d. Calling upon regular or auxiliary law enforcement agencies and organizations within or without the political subdivision for assistance. 7. The Mayor shall perform such other duties required by state statute and this Code as well as those duties required as Chief Executive Officer of the Town. D. Leave of Office. The Mayor shall not leave the office of Mayor, ceasing to discharge the duties of Mayor, for a greater period than fifteen (15)days without the consent of the Council. E. Failure to Sign Documents. If the Mayor refuses or fails to sign any ordinance,resolution, contract, warrant, demand, or other document or instrument requiring his signature for five days consecutively, then three (3)members of the Council may, at any regular or special meeting, authorize the Vice-Mayor or,in his absence a Mayor Pro Tempore,to sign such ordinance,resolution, contract, warrant, demand, or other document or instrument which when so signed shall have the same force and effect as if signed by the Mayor. (01-22,Amended,09/19/2001) Section 2-1-4 Office of Vice-Mayor A. Election. At the first regular meeting in January of each calendar year, the Town Council shall elect one of its members as Vice-Mayor by a majority vote. Those Council Members eligible each January are only those whose terms will not expire in June of that calendar year. B. Term. The Vice-Mayor shall serve at the pleasure of the Council for a term of one(1)years or until a successor is elected. C. Duties. The Vice-Mayor shall be appointed to perform the duties of the Mayor during his absence,pursuant to ARS 9-236. The Vice-Mayor's compensation in this instance shall be increased to match that of the compensation of the Mayor. In the event of a vacancy in the office of Mayor,the Vice- Mayor shall succeed to the office of Mayor until the end of the term to which the Vice-Mayor was elected or the end of the term to which the Mayor was elected,whichever comes first, and then a new Vice-Mayor shall be elected. (03-06,Amended,02/19/2003;01-22A,Amended,09/19/2001;01-22,Amended,09/19/2001) Page 3 of 13 TOWN OF ORO VALLEY 3 COUNCIL COMMUNICATION MEETING DATE: January 5, 2004 TO: HONORABLE MAYOR & TOWN COUNCIL FROM: Chuck Sweet, Town Manager SUBJ. PRESENTATION FROM TUCSON MARATHON RACE DIRECTOR, PAM REED, CONCERNING THE RECENT MARATHON AND RELAY SUMMARY: Ms. Pam Reed, Tucson Marathon Race Director, is in attendance tonight to provide a Mayor and Council detailing to the the results of the recent marathon and relay. The Tucson Marathon was held December 5, 2004. ATTACHMENT: Letter from the Race Director; dated December 8, 2004 t I /1 Chuck Sweet, Town Manager TIAC01/1 (Iiwôdkovi .„_ :-.,„ . ,„ „ii , , (L.. .....i6,:),. % , _.) - . i7 i, e\- HALF-MARATHON & RELAY December 8, 2004 Town of Oro Valley Attn: Town Manager/Oro Valley Town Council 11000 N. La Canada Dr. Oro Valley, AZ 85737 To the Town Council Thanky ou the town council and the Police Department so much for your continued support of the Holualoa Tucson Marathon, Bobbi Olson Half Marathon &the Jim Click pP n tc Relay. It's always a pleasure to work with your staff(Ainsley, Amy Grant, etc) and I y truly look forward to our continued relationship. Thank you so much for your support and involvement in this event. The runners really appreciate the Oro Valley police officers and their attitude and assistance. From our standpoint, they did a fantastic job with traffic flow, pedestrians and safety in general. We look forward to your continued support and look forward to working together again next year for the 2005 event. Everything with the race went flawless including the weather after a scary winter rain the � g daybefore. From the Expo Friday and Saturday at the Hilton El Conquistador, to the Get Fit 5K at Ventana Medical, to the buses, to the aid stations, to the drop bag pick up, to the finish line and complete race results, the comments continue to be very positive. It appears that the UA Cancer Center received close to $250,000 from the Half Marathon through the Better Than Ever program, the local school athletic programs received a nice share (including Ironwood Ridge) and Linkages $7,250 from the Relay. I look forward to working together next year to make it even better. Sincerely, 4 eta Pam Reed Race Director Cc: Chief Sharp,Amy Grant P.O. Box 64938 Tucson,Arizona 85728 320-0667 E-mail: reedtheriver.com Website: www.tucsonmarathon.com (520) p ,x TOWN OF ORO VALLEY 4 COUNCIL COMMUNICATION MEETING DATE: January 5, 2004 TO: HONORABLE MAYOR & TOWN COUNCIL FROM: Chuck Sweet, Town Manager SUBJ: POWERPOINT PRESENTATION REGARDING PIMA COMMUNITY COLLEGE; NORTHWEST CAMPUS SUMMARY: Ms. Anne Marie McCartan, President of Pima Community College; Northwest Campus, provide in attendance tonight ht to a PowerPoint presentation to the Mayor and Council P detailing the Northwest Campus' availability to residents of the Town of Oro Valley as well as the kinds of services the Northwest Campus has to offer. Pima Community College;Colle e; Northwest Campus opened its doors in August 2003 with a focus on two main areas of studyincluding hotel and restaurant management and medical trades. The Northwest Campus' enrollment was up this fall from last year as well as a larger number of students taking full course loads. ATTACHMENT: Letter from the President of the Pima Community College; Northwest Campus; dated December 1, 2004 Li1 Chuck Swee , Town Manager Northwest Campus IA% Office of the Campus President 7600 North Shannon Road Tucson,Arizona 85709-7500 Telephone(520)206-2090 Fax(520)206-2080 www.prma.edu pimacountyCommunityCollegeDistrict December 1, 2004 The Honorable Paul Loomis Mayor Town of Oro Valley 11000 N. La Canada Drive Oro Valley, Arizona 85737 Dear Mayor Loomis: Thanky ou for the invitation to address the Town Council on January 5. During my five months asresident of the Northwest Campus of Pima Community College, I have asp enjoyed reading about, site-seeing, and shopping in Oro Valley. I'm pleased that the Council would like to learn more about the new Northwest Campus. Prior to my appointment ointment at PCC, I was provost and dean of faculty at Richard Bland College of The College of William and Mary, in Petersburg, Virginia. Previously I served as vice chancellor of the Virginia Community College System and acting president of Rappahannock Community College in Warsaw, Virginia. A native of the Pacific Northwest, my bachelor's and master's degrees are from the University of Washington, and my doctorate is from Harvard University's Graduate School of Education. I look forward to seeing you again in January. Sincerely, • Anne-Marie cCartan, Ed.D. President Northwest Campus AMM/jg c: Chuck Sweet, Town Manager TOWN OF ORO VALLEY 5 COUNCIL COMMUNICATION MEETING DATE: January 5, 2004 TO: HONORABLE MAYOR & TOWN COUNCIL FROM: Chuck Sweet, Town Manager SUBJ: SELECTION OF COUNCIL MEMBER TO SERVE ON THE INTERVIEW PANEL FOR THE ORO VALLEY HISTORIC PRESERVATION COMMISSION BACKGROUND: At the December 15, 2004 Town Council meeting, Council passed Ordinance (0) 04-45 authorizing the establishment of an Oro Valley Historic Preservation Commission. The motion to adopt this ordinance also provided for the establishment of an interview panel. The interview panel shall consist of the following: 1) Council Member (to be determined) 2) Town Historian (Mr. Jim Kriegh) 3) Community Development Director (Mr. Brent Sinclair) This evening's agenda item is for the Town Council to select an individual from their membership to serve on the interview panel for the Oro Valley Historic Preservation Commission. SUGGESTED MOTION: I hereby move to appoint to serve on the interview panel for Oro Valley citizen's interested in serving on the Oro Valley Historic Preservation Commission. • Chuck Sweet, Town Manager TOWN OF ORO VALLEY 6 COUNCIL COMMUNICATION MEETING DATE: January 5, 2004 TO: HONORABLE MAYOR & TOWN COUNCIL FROM: Chuck Sweet, Town Manager SUBJ: DISCUSSION, CONSIDERATION, AND POSSIBLE ACTION REGARDING THE ADDITION OF A PARKS AND RECREATION ADVISORY BOARD MEMBER TO SERVE ON THE INITIAL INTERVIEW PANEL FOR THE ORO VALLEY HISTORIC PRESERVATION COMMISSION BACKGROUND: At the December 15, 2004 Regular Council meeting, Town Council passed Ordinance (0) 04-45 authorizing the establishment of an Oro Valley Historic Preservation Commission. The motion to adopt this ordinance also provided for the establishment of an interview panel. The interview panel shall consist of the following: 1) Council Member (to be determined) 2) Town Historian (Mr. Jim Kriegh) 3) Community Development Director (Mr. Brent Sinclair) Subsequent to the December 15th meeting, a request was brought forward by Council Member Terry Parish and seconded by Council Member Barry Gillaspie for the Town Council to consider adding a Parks and Recreation Advisory Board member to also serve on the interview panel for the Oro Valley Historic Preservation Commission. SUGGESTED MOTION: I hereby move to add a Parks and Recreation Advisory Board member to serve on the Oro Valley Historic Preservation Commission interview panel; and the Parks and Recreation Advisory Board members shall select an individual from their membership to serve on the Oro Valley Historic Preservation Commission interview panel. 4110 Chuck Sweet, Town Manager it TOWN OF ORO VALLEY 7 STAFF REPORT TO THE TOWN COUNCIL MEETING DATE: JANUARY 5, 2005 TO: HONORABLE MAYOR& COUNCIL FROM: Bayer Vella, AICP, Principal Planner RE: CONTINUED ITEM, PUBLIC HEARING: ORDINANCE NO. (0) 04- 13 , OV9-02-12, ARCADIS ENGINEERING, LLC. REQUESTS APPROVAL OF A REZONING FROM R1-144 (LOW DENSITY RESIDENTIAL) TO C-2 (COMMERCIAL DISTRICT) FOR A SITE COMMONLY KNOWN AS THE ORIGINAL STEAM PUMP RANCH, LOCATED ON THE WEST SIDE OF ORACLE ROAD (DIRECTLY ACROSS FROM EAST HANLEY BOULEVARD AND THE FOOTHILLS BUSINESS PARK) — NORTH OF THE HOME DEPOT SITE AND SOUTH OF THE PROPOSED STEAM PUMP VILLAGE DEVELOPMENT, PARCEL NOS. 220-08-001C, 220-08-001F, 220-08-001G, 220-08-001K, AND 220-08-002A. NEW INFORMATION: On October 5, 2004, the Town Council provided an extension to enable the applicant time to resolve design issues with planning and engineering staff and submit a new tentative development plan (as required by the zoning code). Although there have been multiple meetings with Town and County staff that has produced a workable concept plan, the applicant has not developed a revised tentative development plan. The applicant is considering applying for PAD zoning — in lieu of C-2 commercial. Because this site is too small to be considered as a stand alone PAD (code specifies a 20 acre minimum), the applicant would need to seek permission from Diamond Ventures to become a part of the Steam Pump Ranch PAD. A change of this magnitude would entail an entirely new application and submittal fees. To date, staff has not received a revised application, tentative development plan, or request for continuance. RECENT HISTORY: An outline of actions and meetings is provided below: • 2/3/04 The Planning &Zoning Commission voted unanimously(7-0) to recommend denial of the application. MOTION: Commissioner Kinared MOVED to forward OV9-02-12 to the Town Council recommending denial based on multiple substantial conflicts with the General Plan. Commissioner Krenkowitz seconded the motion. AMENDMENT TO THE MOTION: Commissioner Krenkowitz MOVED to amend the motion in accordance with Oro Valley Zoning Code 3-109 that the Commission make the following five findings to the Town Council: 1. That the site design does not meet the intent of the General Plan designation that contemplates extensive open space preservation and low intensity commercial uses on these parcels. 2. The Steam Pump land is a uniquely situated parcel and a priority site for preservation. TOWN OF ORO VALLEY STAFF REPORT TO TOWN COUNCIL Page 2 3. The contemplated uses are incompatible with the significance of the historic site's surrounding and setting. 4. The proposed site layout of commercial structures and parking would be inappropriate uses for this historic setting. S. There is a substantial risk of incompatibility with the focus of the adjacent development of the property commonly known as Steam Pump Village. 6. The extent of preservation provided for the historic environment is inadequate. A 4-5 acre preserved core is essential as a focal point of the commercial layout. Commissioner Kinared accepted the amendment to the motion. Amendment to the motion carried with a 7 yes, 0 no vote. Motion carried with a 7 yes, 0 no vote. • 3/4/04 Town Council Site Tour • 3/17/04 Staff recommended that the Town Council deny the proposed rezoning and accompanying Tentative Development Plan for the same reasons specified by the Planning & Zoning Commission. Applicant requested continuance until April. Town Council voted to continue until May 19, 2004 • 4/12/04 Applicant and staff met to discuss development options • 5/19/04 Passage of County Bonds. Applicant requested a continuance for 60 days. Town Council voted to continue until July 21, 2004. • 6/2/04 Meeting with Town staff, consultants, and applicant to discuss appropriate design • 6/9/04 Meeting with Town staff, consultants, and applicant to discuss appropriate design • 6/23/04 Meeting with Town staff, consultants, and applicant to discuss appropriate design • 7/2/04 Meeting with Town staff, consultants, and applicant to discuss appropriate design • 7/21/04 Applicant requested a continuance until September 15. Town Council voted to continue until October 6, 2004. • 7/27/04 Design Cherrette with Town staff, consultants, and applicant • 8/4/04 Design Cherrette with Town staff, consultants, and applicant • 8/20/04 Design Cherrette with Town staff, consultants, and applicant • Misc. Applicant met with Pima County regarding use of County land. Applicant met with Diamond Ventures regarding cross-access and drainage • 9/21/04, Applicant submitted a request for continuance until December 15, 2004. • 10/06/05 Town Council voted to provide a continuance until January 5, 2005 Misc Numerous meetings with Town and County staff. PROGRESS: TOWN OF ORO VALLEY STAFF REPORT TO TOWN COUNCIL Page 3 In the October 6 2004 Town Council memorandum, it was reported that staff and the applicant had agreed on a rough designconcept (freehand sketch)—with the following issues remaining: g ✓ type and nature of land uses permitted (such as automotive service) ✓ staff request of a combination of C-1 and P&OS (Parks & Open Space) zoning rather than C-2 q ✓ alignment of one internal road ✓ use of County land (if released by County, must be rezoned also) ✓ extent of rezoning dedication of historic area ✓ establishment of cross-access and drainage with Steam Pump Village (Diamond Ventures). All of these issues have been discussed at length with the applicant; however, the applicant has not made commitments via written agreements and/or a revised tentative development plan. Per zoning code requirements, all applicants must create a formal tentative development plan(TDP) for staff, Planning &Zoning Commission, and Town Council review. Currently, the Town only has the original TDP to consider. The plan for"official review" is the same one judged inadequate by the Planning Commission in February of 2004. FACTORS TO CONSIDER: FACTORS FOR: 1. In August of 2004,progress was made to develop a consensus based design. FACTORS AGAINST: 1. Town Council has continued this project 4 times over an 8 month period—and the official tentative development plan is unchanged. 2. The applicant has failed to address issues specified in the 3/17/04 Town Council staff report and objectives expressed at each previous Town Council hearing. 3. The new design sketches developed several months ago represent a dramatic shift from the original tentative development plan. None have been developed to the extent that staff could determine code compliance. Each would present a substantively new application. 4. Applicant has expressed interest in seeking PAD zoning, which would be a substantively new application. 5. The length and extent of review by staff has far exceeded hours anticipated as part of the application fee. 6. A substantively new design should be considered by the Planning &Zoning Commission and all staff review agencies. 7. Upon review of the current tentative development plan, the Planning &Zoning Commission recommended denial based on the following factors: i. That the site design does not meet the intent of the General Plan designation that contemplates extensive open space preservation and low intensity commercial uses on these parcels. ii. The Steam Pump land is a uniquely situated parcel and a priority site for preservation. iii. The contemplated uses are incompatible with the significance of the historic site's surrounding and setting. iv. The proposed site layout of commercial structures and parking would be inappropriate uses for this historic setting. TOWN OF ORO VALLEY STAFF REPORT TO TOWN COUNCIL Page 4 v. There is a substantial risk of incompatibility with the focus of the adjacent development of the property commonly known as Steam Pump Village. vi. The extent of p reservation provided for the historic environment is inadequate. A 4-5 acrereserved core is essential as a focal point of the commercial layout. p SUGGESTED MOTIONS: I move to deny OV9-02-12, Ordinance No. (0) 0413, with the following findings OR I move to approve OV9-02-12, Ordinance No. (0) 0413, request to rezone the historic Steam Pump Ranch from R1-144 to C-2. OR I move to remand OV9-02-12 Ordinance No. (0) 04-13, to the Planning& Zoning Commission upon submittal of newly pro osed Tentative Development Plan that addresses all findings specified by the Commission at their p 2/3/04 hearing. ATTACHMENT: 3/17/04 Town Council Staff Report F:\OV\OV9\2002\OV9-02-12\ReportsVanuary TC Report.doc Copy: Fax, Mike Naifeh, 290-5293 Plann n• Zon , : Administrator 45try Community Dev- l pment Director i Town Manag r To: Oro Valley Mayor and Council Paul Loomis Paula Abbott K. C. Carter Conny Culver Helen Dankwerth Barry Gillaspie Terry Parish Cc: Chuck Sweet Brent Sinclair From: The Land Conservation Committee Al Kunisch, Chair Marilyn Cook Dick Eggerding Richy Feinberg Jim Kriegh Karen Rogers Pat Spoerl Date: December 29, 2004 Re: The Steam Pump Ranch Property,Agenda Item No. 7, Oro Valley Town Council Regular Session,January 05,2005 The Land Conservation Committee recommends that the Oro Valley Town Council deny the application for rezoning from R1-144 to C-2 for the Steam Pump Ranch site (Ordinance No. (0)04-13). Many months have passed since the initial proposal was presented. During this time considerable effort and discussion have been invested by numerous arties to helpidentify acceptable ideas for potential development of the p property. It is our understanding that the application for rezoning has not, however,been modified since it was reviewed by the Planning and Zoning Commission. Please add the support of The Land Conservation Committee to those who also recommend denial of the application as the most appropriate course of action for the Town Council to take at its January 5, 2005 meeting. Thank you for your consideration. The Land Conservation Committee TOWN OF ORO VALLEY EI STAFF REPORT TO TOWN COUNCIL MEETING DATE: JANUARY 5, 2005 TO: HONORABLE MAYOR AND COUNCIL FROM: Jonathan Lew,Planning Technician SUBJECT: PUBLIC HEARING: ORDINANCE RDINANCE NO. (0)05-0lOV3-04-11, TERRITORIAL SIGN COMPANY, REPRESENTING VISTOSO PARTNERS, REQUESTS APPROVAL FOR A PAD EXEMPTION FROM PORTIONS OF THE RANCHO VISTOSO SIGN GUIDELINES FOR THE RANCHO VISTOSO NEIGHBORHOOD 3 INNOVATION PARK TO BE REGULATED UNDER THE ORO VALLEY ZONING CODE REVISED (OVZCR), CHAPTER 12, SIGNS, LOCATED WITHIN AN AREA IDENTIFIED AS NEIGHBORHOOD 3 WITHIN THE RANCHO VISTOSO PAD. IT IS BORDERED BY TANGERINE ROAD, ORACLE ROAD, RANCHO VISTOSO BOULEVARD,AND BIG WASH. BACKGROUND: Rancho Vistoso Neighborhood 3 is located between Tangerine Road and Rancho Vistoso Boulevard as map.on the attached ma . The area has been designated by the Rancho Vistoso Planned Area Commercial Park Industrial (CPI). Under this designation, various commercial and Develo ment (PAD) as Development � office uses are permitted. Ventana Medical Corporation, Southwest Parks and Monuments, Integrated Northwest Hospital presently occupy various parcels within Neighborhood 3. Biomolecule Corp., and p The Rancho Vistoso g PAD has a set of regulations that direct the signage within the entire PAD. These were approved by Town Council along with the PAD. PROCESS The applicant is requesting Neighborhood that Nei hborhood 3 be exempted from certain sections of the Rancho Vistoso PAD sign regulations. OVZCR Section 12-203 allows an applicant within a Planned Area Development (PAD) to request exemption from a specific PAD Sign Regulation(s) and operate under all or portions of Chapter 12 of the OVZCR. g The Development Review Board is charged with review of all proposed PAD Exemptions. The DRB's recommendation is forwarded to the Town Council. Town Council will render the final decision. APPLICANT'S PROPOSAL p The applicant requested to be exempted from the lettering color requirements,background color requirements, andrequirement a shape for all developments within Neighborhood 3. An exemption to signsize from 40 square feet to 50 square feet would only apply to four proposed increase the monument q Innovation Park entry signs (see pp attached a lication). The table on the following page illustrates how the g applicant wishes to deviate from the Rancho Vistoso Sign Requirements: TOWN OF ORO VALLEY STAFF REPORT TO TOWN COUNCIL Page 2 .. .. »rr�{ S , ..........R .... ...... » ... "..#I..,. ... ........ ... ....... . .. . : ......: C ry ... ... rw: . i......N. •::r ....:..:. :.. . v .111.12, 4 «t.:...u.xiri•Y<Ni$, ...,r.l:�,tk �off:>.r :S::r«rft+ ry � �.�i>r$s:::..:..'cy... ..... ..::,+...:!..:..r.:..,..r<.v:::.:r..:/.!r< :«i $�::i:«t :r:%ns tr..> ,.r.!.:}fiv:.�..air:... r+ nr : ,. u..: . }Yr.r < /.. Sr ! u...{ai::r:...Q:...}r ,:;:;r»i}.'tii�• i:i:: 110701111/111100 Concavedowed in E phasis on Convexed ( owed ou ) 0101,01.111pleal com atibility y {" s � fi 11015110111"1":01,011Copper Patina, Brushed Colors, except Brushed Aluminum ;:¢ ! �'j5 •Srw:t 110"411•110111111101, Brass' and Brushed iridescent, Em l s 5w � 1lfl& ./ � ni itiliainfalinnin Copperon compatibility } :i•:',,}l{! "i-i i .r �r$;�$f ! % »� Emphasishasis on Ru sted Steel WilanettUWW. y}0! ncho Vistoso Stone s � 3n�� i t astar � � f� � compatibility ,w„ , sNA ! %4r., Ita + Yr:i,hi, O�i40 Square Feet 50 Square Feet 47 Square Feet eet (For CJ0GNf1 � iyff /: � � arKiok< � ti� /f{� Specified Signs Only)y) .:.:.rr!x « 00.a:$! < !{-a :#H/ � ft DRB SUB-COMMITTEE The DRB Sub-Committee on signs met on December 9, 2004 to review the applicant's submittal. The following is a list of issues brought up by the members: • Why the use of the convex shape rather than the concave shape? Applicant's response: The convex shape was selected because it was best suited for the o p . location byNorthwest Hospital. Presently, a drainage area exists that would hinder placing p a concave shaped sign. Further, the convex shape would provide Innovation Park with a � unique form of identification from the rest of Rancho Vistoso. • o Staffs response: Presently, a large drainage area exists in the location of the proposed sign. p y The convex shape represents a minor shift in design that has little impact. The convex shape would create a specific identity of Neighborhood 3 (Innovation Park). • The length (80 feet) of the wall appears very large. o Applicant's response: The wall could be shortened. o Staff's response: The wall on the northeast corner of Rancho Vistoso Boulevard and Tangerine Road is 90 feet long(concave shape). The applicant's proposed wall is shorter than all the Rancho Vistoso entryway monument signs. This issue is best addressed as part of the signapplication(0V3-04-11A). It is not a component of the PAD Exemption. pp • Design the sign within the PAD regulations. o Applicant's response:onse: His client would like to keep the overall design with the convex shaped wall and the brushed aluminum letters to distinguish Neighborhood 3 (Innovation Park) from the residential areas within Rancho Vistoso. o Staff's response: Ventana Medical and Integrated Biomedical have both obtained a PAD Exemption to use the brushed aluminum letters. Otherwise, both have remained consistent with the Rancho Vistoso PAD requirements. Currently, no other developments within Neighborhood 3 (Innovation Park) utilize a convex (bowed out) monument signwith a rust colored panel. The addition of a rust-colored panel does create a lack of compatibility with the existing developments. TOWN OF ORO VALLEY ;TAFF REPORT TO TOWN COUNCIL Page 3 • Connect thero osed monument signs with the existing developments. p p o Applicant's response: signsalready The connect to the Ventana Medical and Integrated Biomedical signage utilizingthe brushed aluminum and the Rancho Vistoso stone by around thep roposed rust-colored panel. The applicant's proposal partially connects with the existing signage of o Staff s response: pp p p Neighborhood 3; however, it fails to connect with the developments outside of Neighborhood 3, because none of the surrounding developments use brushed aluminum, a convexp shaped wall, or a rusted steel panel. The applicant could further connect the 1 proposed signage existing si a e with the developments by removing the rust-colored panel and i utilizing the Rancho Vistoso stone as the background. • Remove the rust colored panel and use the Rancho Vistoso Stone for a background o Applicant's response:onse: He would speak with his client about whether they want to pursue the use of the rust colored panel. Staff's response: Presently,no other development uses the rust colored panel within the o p y surrounding area. The inclusion of the rust-colored panel is a different design relative to ones used byNorthwest Hospital,Ventana Medical, Southwest Parks and Monuments, and p Integrated Biomolecule signage. CHAPTER 3 SECTION 3-302, CRITERIA Thep p ro osed design shall promote a desirable relationship of structures to one another, to open spaces, and topography both on the site and in the surrounding areas: Internal Compatibility The applicant'srequest for a PAD Exemption is partially compatible with the existing signage within the p Rancho Vistoso Innovation Park. Both Ventana Medical and Integrated Biomolecule have PAD Exemptions allowingthem toplace signage with brushed aluminum; however, none of the present developments use a rusted steel panel for a background or a convex shape. The character of the proposed design shall be in harmony with, and compatible to, those structures and p p g signsneighboring in the nei hborin environment and the design character adopted for any given area avoiding excessive variety or monotonous repetition: External Compatibility p Presently, no other developments outside of Neighborhood 3 utilize the rust colored panel for a background, aluminum letters, or a convex shape. The applicant's proposal may have the effect of disconnecting p . Innovation Park (Neighborhood from the rest of the PAD. However, the need to create a specific identity 3) for Neighborhood 3 has merit. The use of the convex shape, brushed aluminum and rust-colored background with the Vistoso stone would create such an effect without creating too much contrast. In order top rotect the visual serenity of the Town, design of signage should be based on trying to get ti. information across with the least signage possible: applicants proposed amount of signage meets the minimum standards set forth in Chapter 12 of the The p p OVZCR; however, it does not meet the minimum standards set forth by the Rancho Vistoso PAD. The TOWN OF ORO VALLEY STAFF REPORT TO TOWN COUNCIL Page 4 Rancho Vistoso PAD requires a signlargersquare of no than 40 s uare feet. As a result, this proposal fails to meet this criterion. A condition ofpp approval has been added to Exhibit A that would maintain the 40 square foot standard. The applicant has agreed to this condition. PUBLIC COMMENT Dick Maes, of Vistoso Partners, submitted the December 14 DRB meeting, letters from Ventana Medical,for the Center, and Integrated Biomolecule. The letters submitted expressed support Northwest Medical g PAD Exemption, and the unique need to for within Neighborhood 3. Also at the December 14, DRB meeting, Greg Forszt, Senior Facilities Manager for Ventana Medical, expressed Ventana Medical support for the PAD Exemption DRB RECOMMENDATION At their regularly scheduled meetingon December 15, 2004, the DRB voted unanimously(6-0) to recommend approval to the Town Council for the PAD Exemption with the condition that the size of future monument signs will be subject to the Rancho Vistoso PAD requirements. SUMMARY If approved the applicant's proposal osal would allow any future developments with Rancho Vistoso Innovation p Park(Neighborhood 3) to shape, brushed aluminum letters, and rust-colored background pursue a convex p monument sign. p This would set apart the entire area from the rest of Rancho Vistoso. Per the criteria specified in this report, the convex shape, brushed aluminum, and rust-colored panel would create a specific p 3 without too great of a contrast. However, the increase of size would deviate too identity for Neighborhood greatly from the rest of the Rancho Vistoso PAD, and is not consistent with existing signs in Neighborhood 3. SUMMARY OF FACTORS: Factor For: 1. The convex shape,brushed aluminum letters and rust-colored panel would provide a unique form of signage for Rancho Vistoso Innovation Park. 2. The brushed aluminum would match Ventana Medical and Integrated Biomolecule signage. 3. The applicant would continue to use the Rancho Vistoso stone,thus creating a degree of harmony with the rest of the Rancho Vistoso PAD. 4. Existing business within Neighborhood 3 support the amendment. 5. The Development Review Board recommends approval. Factors Against increased size presents a lack of compatibility with signage in the surrounding areas and signage 1. The within Innovation Park. TOWN OF ORO VALLEY ti -STAFF REPORT TO TOWN COUNCIL Page 5 } i SUGGESTED MOTIONS: Exemption for Rancho Vistoso Innovation Park, with the condition listed I move to approve OV 3-04 11, PAD Exemp in Exhibit A. OR Exemption for Rancho Vistoso Innovation Park,with the condition listed I move to approve OV3 0411,PAD in Exhibit A, and the following conditions OR I move to deny OV 30411,PAD Exemption for Rancho Vistoso Innovation Park. 1 7 Attachments: 1. Ordinance (0)-OS- 01 2. Exhibit A 3. Location Map 4. Sign Proposal 5. Public Comments CC: Bayer Vella,Principal Planner Jeff Weir, Economic Development Fax: Bill Fields 294-0925 F:\OV\OV3\2004\OV3-04-11\Town Council Report.doc ALA 1 / v Pla Itere Zo _ Administrator Ir0 l 4 /Com nity Development Director ComA i ir ' 4 Town Manager ORDINANCE NO. (0) 05- 01 AN ORDINANCE TO EXEMPT RANCHO VISTOSO NEIGHBORHOOD 3 FROM PORTIONS OF THE RANCHO VISTOSO PAD SIGN REQUIREMENTS AND TO BE REGULATED UNDER THE ORO VALLEY ZONING CODE REVISED (OVZCR), CHAPTER 12, SIGNS,LOCATED WITHIN THE RANCHO VISTOSO PAD, BORDERED BY TANGERINE ROAD, ORACLE ROAD,RANCHO VISTOSO BOULEVARD, AND BIG WASH. 14, 2004 at dulynoticed hearing,WHEREAS, on December public the Development Review Board, considered the PAD Exemption 0V3-04-11), and voted unanimously to recommended approval to the Town Council; and WHEREAS, the Oro ValleyTown Council has considered the requested PAD Exemption at publichearing a duly noticed and finds it is consistent with the Town's General Plan and OVZCR Design Guidelines. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF ORO VALLEY: SECTION 1: That the Rancho Vistoso Sign guidelines be amended by designating exempted Neighborhood 3 as from the Rancho Vistoso sign guidelines with the condition g represented in the attached Exhibit A. SECTION 2: That all signs within Rancho Vistoso Neighborhood 3 be allowed to have brushed aluminum letters and a convex shaped wall and a rust-colored panel and 3: That all ordinances and parts of ordinances in conflict herewith, and the same SECTION are hereby repealed to the extent of such conflict. p 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 5th day of January, 2005. ATTEST: Katheryn E. Cuvelier, Town Clerk Paul H. Loomis, Mayor APPROVED AS TO FORM Tobin Sidles, Acting Town Attorney EXHIBIT A CONDITIONS OF APPROVAL OV3-04-11 PAD EXEMPTION FOR RANCHO VISTOSO INNOVATION PARK 1. The size of monument signs are subject to the Rancho Vistoso PAD requirements. 7. ! W 4-4 --- IP, C () W P N CL I a)!,1 —.0 wy� L T3 1 >t; ''''''t ' '/ (- --"- CC) O to *iZ.".a :, x. ..: ..': '`X::.r',E? i,£?'a$:{:29?°a"�'&..:i p�i ,r$w".'4t4°.' "cY6.e'$% YsfliYdv'6A&"tar(r<`.. :;;;L:::;-.-' '----- k:' '' '- -. (13 V % iii , Ce) ------------- ' U2 : ._ 1 4 O 0 y •'1 CCO M g . 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P'RE;fx z�4"��3a { , 3f€ .c. `) <� ai /• r<i "'{kr/ia'I: >ti M I P',,, £z zs ,. x s,,, a 3' wa �j��y{S i 5 4 �`✓ b � Q• � 1 `�h:?3•eRN�; /.' 'd z°M i vk f ,, .� "4'�� /i1 .. .. +i i,,,,,h:5 ,,MfdR c w r., C.,. .., n ..f:'.....va....,.,..0,...a..eL... ^ o p o' z; 31 i. 4 1 ctID. IJI5Y iN .'........' .........,' ; y ti .1 M . i..,Z;;;14 4 DEC 1 4 2004 , PLANNING AND ZONING 11000 N.LA CANADA DRIVE ORO VALLEY,AZ 85737 PHOP : (520)22P-4800 FAX. (520) 742.1022 ..,,EY.c.pM Application f r PAD Planed re Deeioprnnt) E s n 'ar §119,LIS D 1 Dv CASE NO#; ,,.... (office use only) APPLICANT: ...._1_,.--V...._,L.{41(___:4-40 ....... ..42. ..__ . ADDRESS: _____ ....), _g_,2__,,S_-1.4\..I ._________._._.____ _CITY; 92... STATE: ..,..A .- zip' CS"-IICYA' TELPHONE: .2.414...,.:,,3219,c--) AX: . t EMAIL. bi,.. .,Ltz. ... --Tve.44.1.c....:44 5-1,.r--(e,0, C ' PROJECT NAME; N4 Pket .........--d ei.Alt...kt,.. SUBDIVISION: ADDRESS/LOCATION: A b....r t-i { * II ZONING: PARCEL/TAX •MNIIINIMP 4•10., Mail.r.... V\ liA(Aro 1%s CODE#, _ -'t'i.. VC 1 . ilbI PROP • Q ERS OWNER: Lk? 4. ;s.. .! I. - _ ADDRESS:. I 7.... a 0. ' t_.. IIIP ---4-1C4,_--.....- -- ______ CITY: e_____1 (2.____ _______________ STATE: ._.42., ZIP: _ _....E2 li,...,L144--, Atg2....22: 2-- 40.... FAX: EMAIL: • , l. p SIGNATRE: l ........................................ . . DATE: *64._1 i ..... ..... OM.. m.... ,M... ...MM., ....... AM. .......My Isign re ���e�en�khat a Plannedted 4rea.�evelo rr�en�District .r p .� �r�t has established its owni requirements, the er/residenrs of lands mayelect `ooperate under der aIl or a portion of�haprer12' SlgrRequirements of the Oro Valley Zoning� e Revtsed. The application shall require the approval of the Development Review Beard and the Town Council • Signs. �'� r�+ca prior to utilizing Chapter 12, g A checklist cf Procedures along with the requiredees is attached f L . ........._._._._......., w.................. amr......., --......... 1L Y _N. A.M. ...momy *OW JIM. ‘111." 1 1 { I; 1 1 1 i f 1 a/2EJ 4 11:45 520-29T-125 TERRITORIAL SIS ` PAGE Q 2 SIC.N. CC). December 1,2004 RE' PAD Exemption Request for innovation Park Entry Wall Monuments Territoxial Sign Company on behalf of Vistoso requirements ens has requested an exemption from the PAD for ear monuments at I ,novation Park. The parkis located within Rancho Vi; . The proposed design contains elements Of the Northwest o��t Medicaler� ic- omP�nsi Sign the macho Vim Sign Guidelines. In an effort residential communities to distinguish thepark f within Rancho Vises the new design contains a more high-tech look better reflex's the users ofthe Corporate/ _al Park. For these reasons we respectfully request exemption from the PAD requirements Territorial Sign Company Bill Fields DEC B 25EA 5400 E A l yr r ci'Tucson,AZ 85706*(520)294.3400+ Fax C,20)294.. 25 Uvcr IA1 4 'rliarlaaratainaility.AASegiatinn cto Lewis Maaageinent Resources, Mgee Roe4 Suite x.34 OF j Tun, 857 C 2 0MO) fax no.(529) 742-1523 December 1, 2004 RE: PAD Exempuon frir Signs Checklist This correspondence la u g exemption from the specific PAD ark in Regulations ftwr entry monument signage ibr Innovation reSiAssociation,mrnunfly Sipage to be located at the northeast and and the soutiviest and southeast corner a Rancho VI•toiso biluievard and tnnovalione copy of the residents locab3d wIthin this i:-46v. •' nity Association } 71' 441. ALA ` t 0 U IZ 13 , 1 , . ..• , HL ' i 1 Z ,. , tj 5 t i P...-4 -6 E t B , ! tI5 9 z 1 . 0 al 0 r • o k; 11 u [......4 2-g 1 b 6 0 tt.1 k 1 9 : 0 ' a 4 _ 0 .. 4 1 rrs I 9 0...,4 t .9.; 1 ,,I 4 i 1.- ' ','.. . , 0 -Co . t 0 , .-.c g _,..: •, ,, . 0 4.. .. ,.._ ' 7, / "" / [ . •..,_"..::- \ ' i \ , 1 . , , 1 • . J . . , .. .. ., . . . c . . . ....., , I-- 7'• .• .i . .•k' !.. ,.'•' E ,.:• !. :.:...;,;.. At,14„. ... .,,J. .',. : • .A.,.,, ,• , • .=‘,,,.,....c..,:,....., ._.. . .....__ • . . .,,....,::,,,. • . I . .... , -I i . ,,.. :_, • .. ,.. . / ,... . , . .,.,• „..' \CI . ........-- ... .5 ic.4...) . • t. .,. 04I,... ,0-- I, 1 ftot.o. ,1'' .%, • )01111, 't / , .,,..,. — . ..; .,. ., ...04. , • ... ,f, 211 ' KO” T.-- i . • . "art . ,k'' bits". , -----7" , - . . . . . . I . , , / . .. : ,,,t'•'-'''''' . II.... .10...esPe.........•room mow I... mow Nom.......mini —- ... I ' 415‘ilg 8 . , . C., .,...... .., ... , . \,.... I . , . . , . .. ... . ______............. .......,...............r....P .4/1............., i •••••1IP• an..........................16.................... ....".... .............IPM111.......•..........•.........•••...... I > 1 . — • .dlhrMw.l.u...m....IIIIIII17r.6...IIIIIdu•ro.................s , .. , . . 1 TA N G,ER I I\ B • . . •. ,. . . .. .. . FROM : FAX NO. :520-219-6090 Dec. 14 2004 02:38PM P2 245 E. INNOVATION PARK DRIVE : Integrated TUCSON, AZ 85737-1966 (520)219-2900(TEL) Biomolecule (520)219-6090(FAX) info©in biomolecule.00rn Corp ration www„integratedbiomolecule.corn December 14, 2004 Development Review Board Town of Oro Valley 11000 N. La Canada Drive Oro Valley, AZ 85737 Dear Board Members: I submit this letter in support of the request of Vistas() Partners for approval of entry monument signage for the north and south ends of Innovation Park Drive which differs from the usual look of signage in Oro Valley. We believe this difference is not only appropriate, but essential. As you know, we are the third building to locate on Innovation Park Drive. We are a biotechnology company; just the type of organization Oro Valley seeks to attract. In our industry "appearances are everything." A high tech look is essential for our success, and you know the great lengths we went to to achieve this with our facility. While many factors attracted us to Oro Valley, a location on "Innovation Park Drive" in a development targeted for high tech businesses was important. The continuation of this theme is important to us and, we have no doubt, to prospective occupants. If you claim to be a development hosting high technology you need to look like one. As a home for high tech businesses Innovation Park Drive should not look like the Town's residential and commercial areas. To the contrary; it must set itself apart. We believe the proposed signage with its rusted steel background is the perfect solution. It has a distinct high tech look while fitting in perfectly with its surroundings. As an owner and businessman on Innovation Park Drive I urge you to approve the proposed signage. R= pect u l l y sub ►itted, . / A -/ // L_.Ow Robe S. Grc-n Press ent DEC 14 '04 12:44 T0-92198000 FROM-RMC T-742 P.02/02 F-977 VENTANA 7� I.. Ventana Medical Syst:ms,Inc. 1910 Innovation Park L rive Tucson,Arizona 85737 Telephone: 520-227-2155 Toll Free: 800-227-2155 Fax: 520-887-2558 www.ventanamed.com December 14, 2004 Mary Caswell, Chairperson Development Review Board Town of Oro Valley 11000 N La Canada Drive Oro Valley, AZ 85737 Dear Madame Chairperson, I am writing this letter in support of a PAD exemption from the Rancho Vistoso sign guidelines for Territorial Sign Company representing Vistoso Partners. I have reviewed the design of the entry monument signs and end it consistent with the "high-tech" nature of the Industrial Park. All three of the current facilities within the Industrial Park have chosen metal sculptures as their pieces of public art as required by the Town of Oro Valley. Two of tr.e facilities have weathered steel pieces which corresponds to the steel as designed into the entry signs. I believe that this exemption if granted woulii provide signage that would serve to identify and reflect the nature of the tenants within this commercial area as "high-tech. Thank you for considering my comments. Sincerely, /))_?,L_ Gregg For zt Senior Facilities Manager Ventana Medical Systems, Inc. Dec 14 04 01 : 41p Northwest Med Cntr OV 5208180597 p. l ArIPA MO Northwest Medical Center Oro Valley TO: Richard Maes, Vistoso Partners FROM: Paul Kappelman, Chief Executive Officer DATE: December 14, 2004 Northwest Medical Center Oro Valley supports raemonument ustrial look which face for Innovation Park Drive. The monumentportrays ahigh tech ind ties in well with our new state of the art healthcare facility. TOWN OF ORO VALLEY 9 COUNCIL COMMUNICATION MEETING DATE: January 5,2005 TO: HONORABLE MAYOR AND COUNCIL FROM: Daniel G. Sharp,Chief of Police SUBJECT: Town Ordinance (0)05-02 Update to the Emergency Operations Plan SUMMARY: Pima County, a political subdivision of the State of Arizona, for and on behalf of the Pima County Health Department and the State of Arizona, Division of Emergency Management (ADEM) provided the Oro Valley Police Department funds ($10,000) to review and update our Emergency Operations Plan and to make the plan compatible and interoperate with the Pima County Emergency Operations Plan. The updated plan contains standard operating policies, and response procedures for the mobilization of emergency response personnel and resources during an emergency with an emphasis of Weapons of Mass Destruction (WMD) and terrorist related threats. Request is for Mayor and Council to accept the updated Emergency Operations Plan prepared by the Town of Oro Valley Police Department which is dated August 23, 2004 and provides for the transfer of funds. FISCAL IMPACT: FY 04/05 -None ATTACHMENTS: 1. Ordinance (0)05-02 2. Copy of Emergency Operations Plan RECOMMENDATIONS: I move that Mayor and Council accept the Emergency Operations Plan dated August 23, 2004. jf isafr alZiarp, Chief of 'olice / Charles F. Sweet,Town Manager ORDINANCE NO. (0) 05- 02 AN ORDINANCE OF THE TOWN OF ORO VALLEY, ARIZONA, ADOPTING THE EMERGENCY OPERATIONS PLAN IN ORDER TO PARTICIPATE IN THE EMERGENCY MANAGEMENT ASSISTANCE GRANT PROGRAM; AND REPEALING ALL RESOLUTIONS, ORDINANCES, AND RULES OF THE TOWN OF ORO VALLEY IN CONFLICT THEREWITH; PRESERVING THE RIGHTS AND DUTIES THAT HAVE ALREADY MATURED AND PROCEEDINGS THAT HAVE ALREADY BEGUN THEREUNDER AND DECLARING AN EMERGENCY TO EXIST WHEREAS, Arizona cities and towns are required to update and/or adopt an Emergency Operations Plan ("Plan") that is coordinated with other local, county and state p governments; and 2003, the Town WHEREAS, On November 19, adopted Resolution No. 03-108 adopting the Intergovernmental Agreement for Emergency Operations between the Town of Oro g g Valley and Pima County; and WHEREAS, it is in the best interest of the Town to implement this Plan, attached hereto as Exhibit "A", for the health, safety and welfare of the residents of the Town of Oro Valley and in order to apply for grant monies. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Town Council of the Town of Oro Valley: SECTION 1. The Council hereby approves the Plan. SECTION 2. This Ordinance shall be effective immediately upon approval of the Council so that the Oro Valley Police Department is eligible to participate in the Emergency Management Assistance Grant Program. 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 jurisdiction,com etent such decision shall not affect the validity of the p remaining portions thereof. SECTION 4. 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. F:\Ordinances\Emergency Management Assistance Grant.doc Town Attorney's Office/cia/121604 Makhoo yor AND ADOPTED bythe Ma or and Council of the Town of Oro Valley, Arizona this 5th day of January 2005. Paul H. Loomis,Mayor ATTEST: Kathryn Cuvelier, Town Clerk APPROVED AS TO FORM: Tobin Sidles, Acting Town Attorney top. Town Attorney's office/cia/121604 F:\ordinances\Emergency Management Assistance Grant.doc EXHIBIT "A" EMERGENCY OPERATIONS PLAN EY 4thit'L- 44 PREPARED BY: TOWN OF ORO VALLEY Oro ValleyDepartmentPolice 11000 N. La Canada Dr. Oro ValleyAZ 85737 , August 23, 2004 FINAL REVISION RECORD DATE ISSUED REVISION NO. PAGES AFFECTED COMMENTS 8/23/04 FINAL 1 of 74 TABLE OF CONTENTS Section Page BASIC PLAN 3 EMERGENCY SUPPORT FUNCTIONS 1. Transportation Annex 11 2. Communications Annex 14 3. Public Works and Engineering Annex 18 4. Fire and Emergency Medical Services Annex 22 5. Direction and Control Annex 27 6. Mass Care Annex 34 7. Health and Medical Services Annex ' 39 8. Hazardous Materials Annex 43 9. Law Enforcement Annex 56 10. Terrorism Incident Annex 59 11. Volunteer Management Annex 66 LIST OF ACRONYMS 71 8/23/04 FINAL 2 of 74 BASIC PLAN I. INTRODUCTION The Town of Oro Valley, in accordance with Arizona Revised Statutes (ARS), Title 26, Chapter 2, Article 1, and Oro Valley Town Code Section 2-1-3 section C is required to prepare and respond to emergencies/disasters in order to save lives and protect public health and property. The Town of Oro Valley Emergency Operations Plan(this plan) addresses the consequences of any emergency/disaster in which there is a need for Town response and recovery assistance. It is applicable to natural disasters such as earthquakes and floods, technological emergencies involving hazardous material releases, and other incidents requiring town assistance. This plan describes the methods the Town will use to mobilize resources and conduct response and recovery activities. It uses a functional approach to group the types of assistance under 11 Emergency Support Functions (ESFs). Each ESF is lead by one or more primary agencies,which have been selected based on their authorities, resources and capabilities. Other agencies have been designated as support agencies for one or more ESF(s)based on their resources and capabilities to support the functional areas. The ESFs serve as the primary mechanism through which Town response and recovery assistance will be provided. The implementation response activities of this plan serve as the foundation for the development of detailed Town department plans and procedures in a timely and efficient manner. A. Purpose 1. Establish the Town emergency response and recovery organization for emergencies/disasters. 2. Describe Town response to and recovery from an emergency/disaster. 3. Describe the organization, assign responsibilities and provide planning guidance to Town agencies for disaster response/recovery. 4. Describe county/state/federal/private programs for individual and public disaster assistance. B. Scope 1. This plan applies to all Town Departments which are tasked to provide response and recovery assistance. It describes town actions to be taken in providing immediate response assistance. 8/23/04 FINAL 3 of 74 2. Local government ovement means any incorporated community,unincorporated community and special district located within the county. 3. Emergency response onse assistance includes those actions and activities that save p lives, protect public health and safety, and protect property. The identified actions and activities in this plan, carried out under the ESFs, are based on existing town, county, state and federal statutory authorities or on specific functional mission assignments made under the provisions of PL 93-288, as amended; ARS Title 26, Chapter 2, as amended; and as identified in the ESF Annexes to this plan. 4. Thisp lan addresses town/county/state/federal recovery assistance programs. Recovery activities may be conducted concurrently with response activities. 5. emergency/disaster An emer /disaster may result in a situation that affects the national security of the United States. For those instances, appropriate security authorities andp rocedures will be utilized to address national security requirements. C. Organization This plan consists of the following: 1. The Basic Plan describes the purpose, scope, situation and concept of operations of Town response activity. 2. The Functional Annexes to the Basic Plan are identified as ESFs. Each ESF describes thep olicies, situation, planning assumptions, concept of operations and responsibilities for the primary and support response organizations. II. POLICIES A. Authorities 1. Under Oro Valley Town Code, 2-1-3(C)through this plan, the Mayor may direct any Town Department to utilize its authorities and resources in order to save lives and protect public health and property. 2. Response byTown Departments to lifesaving and life protecting requirements p under thisp lan has precedence over other Town response activities, except where national security implications are determined to be of a higher priority. Support from TOV departments in response to national emergencies will be � provided to the extent that it does not conflict with other emergency missions that TOV departments are required to perform. 8/23/04 FINAL 4 of 74 B. Assignments provides standingmission assignments to designate departments with This plan primarypp and support responsibilities. Those Departments designated as primary agencies serve under the Mayor, or his designee, in accomplishing the ESF missions. Upon activation of an ESF, a Town department is authorized in coordination with the gn Mayor, or his designee, to initiate and continue actions to carry out the ESF missions. This may designated includetaskingof desi ated support agencies to carry out assigned ESF missions. C. Donations 1. Town g encourages encoura es financial contributions to private nonprofit organizations voluntaryanizations involved in disaster relief, rather than the specific g donation of clothing, food and other goods. Should goods or services be offered,the Town will coordinate the transportation and distribution of only those donations it accepts for use. To facilitate this policy, the Town may issue appropriate ress releases in conjunction with the Arizona Voluntary p Organizations anizations Active in Disaster(AzVOAD). A central phone number will be established(or tied in with the FEMA toll-free number established) for handling donation inquiries and the Donations Coordinator will set up a database for recording offers of goods and volunteers. 2. A Donations Coordinator will be designated by the Mayor, or his designee, to work with AzVOAD and the Emergency Support Functions Primary Agencies (ESFPAs) managing in donations. The Donations Coordinator will ensure that g g a database is made available to the ESFs to identify needed goods and services or to respond to offers of goods and services. Should an ESFPA wish to take advantage of the offer of donation items/service, that ESFPA will request that the Coordinator to make the donations/services available. D. Non-liability 1. The town will not be liable for any claim based upon the exercise or performance, or the failure to exercise or perform, a discretionary function or dutyon thepart of its political subdivisions or any employee of its political subdivisions, excepting willful misconduct, gross negligence or bad faith of p g any employee,such in carrying out the provisions of this plan. ARS 26-314 also covers volunteers and employees of another municipality, county, or state rendering aid in the Town. 2. ARS 26-314p rovides immunity to licensed, certified or authorized emergency responders and their employees at the scene of an emergency, when the emergency response is provided in good faith. Furthermore, this immunity g Y applies to overnmental entities, multi jurisdictional planning organizations pp g that encompass each district, members of each local emergency planning 8/23/04 FINAL 5 of 74 committee and their support personnel in carrying out the provisions of this article. (ARS 26-353). E. Mutual Aid 1. ARS 26-309 establish the following provisions for mutual aid: a. ARS 26-309 facilitates the rendering of aid to persons or property in areas within the town/county/state stricken by an emergency and to make unnecessary the execution of written agreements in times of . emer enc Anyemergency plan, duly adopted and approved, satisfies emergency. the requirement for mutual aid agreements. b. During an emergency, if the need arises for outside aid in any county, city or town, such aid may be rendered in accordance with approved emergency plans. F. Emergency Public Information public information activities will be undertaken aken to ensure the coordinated, timely and accurate release of a wide range of information to the news media and to thep ublic about disaster related activities. These activities will be carried out from the Town EOC or from the Joint Information Center(JIC). They will be staffed with federal (in the event of an emergency or major disaster declaration by the President), state, county, local, and volunteer organizations and in some instances commercial public information representatives. Information intended for the news media and the public will be coordinated prior to release with the Federal Coordination Officer (FCO)/State Coordination Officer(SCO), other county/state/federal agencies and local officials. G. After-Action Reports Following response onse to an emergency/disaster, the Mayor, or his designee, will p coordinate the preparation of an after-action report documenting the town response effort. Within seven (7) workdays following the termination of a declared disaster, each department involved in the response effort will provide the Mayor, or his designee, with an after-action report outlining that department's involvement in the disaster. III. SITUATION AND ASSUMPTIONS A. Disaster Condition 1. An emergency/disaster may overwhelm the capabilities of local government to provide a timely and effective response. The occurrence of a catastrophic event in a high-risk, high population area will cause casualties, property loss, 8/23/04 FINAL 6 of 74 disruption of normal life support systems, and impact the regional economic, physical and social infrastructures. 2. emergency/disaster An emer /disaster has the potential to cause substantial health and medicalp roblems, with the possibility of hundreds of deaths or injuries, depending on factors such as time of occurrence, severity of impact, existing p g weather conditions, area demographics and the nature of local building construction. Deaths and injuries could occur from the collapse of man-made structures and collateral events, such as fires and mudslides. 3. An emergency/disaster may cause significant damage to local economic and gn physical h sical infrastructure. Significant events can multiply property losses and hinder the immediate response efforts by damaging or destroying highways, airports, railways, communications, water,waste disposal, electrical power, � natural gas and petroleum transmission systems. B. Planning Assumptions 1. An enc emerg Y/disaster will likely occur with little or no warning and may produce casualties and widespread damage. This plan assumes that the capability responsep ability of the affected local community may be quickly overwhelmed. 2. A large number of casualties and/or the significant damage to buildings,structures and the basic infrastructure will necessitate county, state and possiblyfederal government assistance to support local authorities in conducting lifesaving and life-support efforts. 3. Minimization of deaths and injuries requires an immediate mobilization of Town, county, state and federal search and rescue personnel, medical personnel, and supplies and equipment to the area affected by the emergency. C. Disaster Declaration Process Theprovisions of this plan are applicable to all emergencies/disasters that require a Proclamation of a State of Emergency by the Mayor, or his designee. Local emergency/disaster activities and requests for disaster assistance will be made in accordance with the following procedures: 1. Town Government a. When an emergency/disaster situation exceeds, or is likely to exceed the scope of control and resources of the Town considered essential for an effective response/recovery, the Mayor, or his designee, may proclaim a local emergency. The local emergency Proclamation shall be forwarded to the Pima County Director, Office of Emergency Management in an expedient manner, (i.e., voice followed by hard 8/23/04 FINAL 7 of 74 copy). b. When a local emergency has been proclaimed, the Mayor, or his designee, will have the authority to govern by Proclamation and has the authority to impose all necessary regulations to preserve the peace and order of the Town, including but not limited to: • Imposing curfews in all or portions of the Town • Ordering the closure of any business • Closing to public access any public building, street or other public area • Calling upon on regular and/or auxiliary law enforcement agencies and organizations • Providing/requesting mutual aid to/from other political subdivisions • Obtaining commitments of local resources in accordance with emergency plans 2. Federal Government The Federal Emergency Management Agency(FEMA)monitors developing or actual disaster occurrences. Before, during and after a disaster, the FEMA Regional Director is in close contact with the Arizona Governor's office and Arizona Division of Emergency Management (ADEM), as well as with federal agencies having disaster assistance responsibilities and capabilities. When federal aid is needed, the Governor or Director, ADEM, will contact the FEMA Regional Director for advice and assistance. IV. CONCEPT OF OPERATIONS Town Departments and personnel, when directed by the Mayor, or his designee, will A. p take actions to mobilize and deploy resources to assist in life, safety and property protection efforts. 1. Each ESF identifies the combination of Town departments that will facilitate the provision of response assistance. 2. Each ESF has been assigned a number of missions. The designated primary departments are responsible for managing the activities of the ESF and ensuring that missions are accomplished. Primary departments have the authority to execute response operations. 8/23/04 FINAL 8 of 74 3. Department missions, organizational structures, response actions, primary and support agency responsibilities are described in the ESFs. g Y 4. Primary departments artments will work with their support agencies to provide assistance.i . Primarydepartments will use the ESF Annexes of the plan as a p basis for developing Standard Operating Procedures (SOPs). p g will assist the primary department in preparing and 5. Support departments maintainingSOPs and will provide support for ESF operations. Each support agency will: a. departmentn Designate two de staff members responsible for coordination with therimar department for all actions related to this plan. p Y process Participatein the of exercising, reviewing, maintaining and implementing this plan. c. Provideualified representatives to the Town EOC or operational q p locations as required. 6. Mayor, designee,or his desi ee,will coordinate Town activities and assist in identifying all response and recovery requirements. 7. Mayor, designee,or his desi ee, will oversee the Town EOC response supporting field operations. Response under this plan will be based on situational needs to provide 8. p response and recovery utilizing ESFs. 9. The majority of all disaster response organizations within the Town operate Y under the Town of Oro Valley Incident Command System(ICS). B. Organization under thisplan are composed of county and local government and private Proceduresp agencies. The response structure is designed to be flexible in order to accommodate response and recoveryrequirements. County departments provide support to the Town departments that implement on-scene response operations. 1. Community Response Structure The Town ofO ro Valleywill produce an EOP in support of the Pima County EOP. The Town will be the initial responders to any incident located within its corporate limits. The Town's incorporated community response structure will contain the following: 8/23/04 FINAL 9 of 74 a. Mayor b. Police Department c. Fire Department d. Emergency Medical e. Public Works f. Emergency Management g. Transportation h. Parks/Recreation C. Volunteer/Private Organization Response Structure The Town of Oro Valley has a number of volunteer organizations that respond to emergencies/ disasters. The American Red Cross (ARC) and the Salvation Army take the lead in most volunteer efforts. A large number of volunteer organizations including the ARC and Salvation Army have aligned themselves with the Voluntary Organizations Active in Disaster(VOAD Group). The Arizona VOAD Group is identified as AzVOAD. Although each volunteer organization is a stand-alone group, they readily communicate with each other, exchange ideas, supplies, equipment and volunteers. AzVOAD is not a controlling group and membership is completely voluntary by the organizations. V. ORGANIZATIONAL ROLES AND RESPONSIBILITIES A. Town Council and Departments The Mayor, or his designee, may declare an emergency arising from disasters as provided in this plan and incur liabilities for emergency response activities on behalf of the Town. VI. TRAINING AND EMERGENCY EXERCISES VII. THREAT AND VULNERABILITY ASSESSMENT 8/23/04 FINAL 10 of 74 EMERGENCY SUPPORT FUNCTION #1 TRANSPORTATION ANNEX PRIMARY AGENCY: Town of Oro Valley Public Works Department SUPPORT AGENCIES: State: Department of Transportation Division of Emergency Management National Guard County: Pima County Department of Transportation& Flood Control District I. INTRODUCTION A. Purpose 1. Coordinate transportation infrastructure restoration activities. 2. Support and assist law enforcement agencies in traffic access and control. B. Scope 1. Transportation infrastructure support includes coordination of and resources to manage,restore, and maintain transportation arteries. 2. Guidance for transporting people and supplies is contained in the ESF relating to the specific need(e.g., mass care, evacuation, search and rescue, etc.) II. POLICIES A. Transportation planning will be directed toward satisfying the needs of agencies requiring transportation routes to perform their assigned disaster missions. B. Transportation planning will include the utilization of available town transportation capabilities. III. SITUATION AND ASSUMPTIONS A. A disaster may severely damage the transportation infrastructure. Most localized transportation activities will be hampered by lack of useable surface transportation infrastructure. B. Transportation infrastructure may sustain damage. The damage may influence the 8/23/04 FINAL 11 of 74 means and accessibility level for relief services and supplies. C. Disasterresponses that require usable transportation routes may be difficult to coordinate effectively during the immediate post disaster period. D. Gradual clearingof access routes will permit a sustained flow of emergency relief, localized distribution patterns may be disrupted for a significant period. The although requirement for transportation routes during the immediate lifesaving response phase will exceed the availability of locally controlled or readily obtained assets. Transportation assistance will be provided according to the requirements of this plan. E. IV. CONCEPT OF OPERATIONS A. TheValley Town of Oro Public Works Department (TOVPWD) is responsible for coordinating town resources needed to restore and maintain transportation routes necessary to protect lives and property during an emergency/disaster. provide TOVPWD will at least one representative to the Town EOC - Operations Section, Public Works Branch. This representative will serve as liaison between the Town EOC and TOVPWD and provide information on road closures, infrastructure damage, debris removal, and restoration activities. C. TOVPWD will assess the condition of highways,bridges, tunnels and other components of the town's transportation infrastructure and: 1. Close those determined to be unsafe. 2. Post signing and barricades. 3. Notify law enforcement and emergency management personnel. 4. Protect, maintain and restore critical transportation routes and facilities. V. ORGANIZATIONAL ROLES AND RESPONSIBILITIES A. TOVPWD 1. Y enc emer Implement plans to include the prioritization and/or allocation of p g town resources necessary to maintain and restore the town's transportation infrastructure. 2. Provide traffic control assistance and infrastructure damage assessment. 3. Assistp olice and emergency management in determining the most viable available transportation networks to, from and within the disaster area and 8/23/04 FINAL 12 of 74 regulate the use of such networks. 4. Identify, procure, prioritize and allocate available resources. 5. Report shortfalls and proposed actions to the Operations Section Chief at the Town EOC or his/her representative. 6. Maintain records of cost and expenditures according to guidelines established in the Town EOC SOP. B. TOVPWD will make available heavy equipment, personnel, and other assets to maintain and restore the town's critical transportation infrastructure. VI. RESOURCE REQUIREMENTS A. Estimated logistic requirements (e.g., personnel, supplies and equipment, facilities and communications)will be developed during normal planning processes and exercises. VII. PLAN DEVELOPMENT AND MAINTENANCE A. OVPD and TOVPWD will maintain and update this annex annually. 8/23/04 FINAL 13 of 74 EMERGENCY SUPPORT FUNCTION #2 COMMUNICATIONS ANNEX PRIMARY AGENCIES: Oro Valley Police Department SUPPORT AGENCIES: State: National Guard State Land Department Department of Public Safety Department of Transportation County: Automotive Services Sheriff's Department City: City of Tucson—Department of Operations Volunteer: Radio Amateur Civil Emergency Services Military Amateur Radio Systems INTRODUCTION A. Purpose 1. Describe communications resources available to conduct town wide direction and control, and direct and coordinate emergency resources. 2. Establish responsibilities for communication operations. B. Scope This ESF will coordinate the establishment of temporary communications in the areas affected by an emergency/disaster. Support will include county and state agency communications, commercially leased communications and communications services provided by volunteer groups such as Radio Amateur Civil Emergency Services (RACES), Civil Air Patrol (CAP), etc. II. POLICIES A. Communications planning will be directed toward satisfying the needs of requiring communications to perform their assigned disaster missions. 8/23/04 FINAL 14 of 74 B. Communicationsp lanning will include utilization of available town communication capabilities. III. SITUATION AND ASSUMPTIONS A. A disaster mayseverely damage the communication infrastructure. Many localized communication activities may be hampered by lack of usable communications infrastructure. B. The communications infrastructure may sustain damage. The damage may influence the means and accessibility level for relief services and supplies. C. Disaster responses that require usable communications will be difficult to coordinate effectively during the immediate post disaster period. IV. CONCEPT OF OPERATIONS A. Town of Oro Valley Police Department is responsible for developing, maintaining and operating emergency communications systems which collect and disseminate information, receive requests for assistance, and coordinate disaster response activities. B. In accordance with the Pima County Emergency Operations Plan, the Pima County OEM will assist the Oro Valley Police Department in developing, maintaining and operating emergency communications systems. Assistance will be provided for technical and program development guidance to assure a coordinated and integrated countywide emergency communications system. C. The Town's emergency communications system is a system employing High Frequency(HF), and Ultra High Frequency(UHF) radios in fixed and mobile configurations, RACES, CAP, computer technology and dedicated/common user wire, cellular and satellite telephone systems. D. The Town of Oro Valley Emergency Communications Center is located in the OVPD EOC of the police department. It is equipped to serve as a Net Control Station on selected radio nets. E. Departments will retain operational control of their communications systems and equipment during emergency operations. F. The normal communications flow will be from the Town of Oro Valley EOC to the Pima County EOC and then to the State of Arizona EOC. V. ORGANIZATIONAL ROLES AND RESPONSIBILITIES A. Town Government 8/23/04 FINAL 15 of 74 1. OVPD Communications Center will: a. Develop and maintain primary and alternate communications systems for contact with local jurisdictions, county and state agencies, interstate and national agencies required for mission support. b. Develop and supervise a comprehensive town wide emergency communications program and plan. c. Assist other departments in developing communications plans and systems that interface with and support the town wide emergency communications system. d. Conduct training and communications system exercises to insure reliable town wide emergency communications support. 2. The other agencies that will assist the OVPD Communications Center in maintaining communications through primary or alternate systems during a declared emergency are as follows: a. Pima County OEM b. Pima County Sheriff c. State Land Department d. City of Tucson Communications e. Town Information Technology Department B. Volunteer Agencies The following volunteer agencies under agreement with Pima County will provide primary or alternate emergency radio communications support: 1. CAP 2. RACES 3. Amateur radio operators VI. RESOURCE REQUIREMENTS A. This ESF and the Town of Oro Valley Emergency Communications Plan may be implemented to support national/state/local emergencies/disasters. Implementation 8/23/04 FINAL 16 of 74 may require full or partial activation of the Town EOC. q VII. PLAN DEVELOPMENT AND MAINTENANCE A. OVPD will maintain this ESF. Police Department Communications Center will maintain and update the town Emergency Communications Plan. 8/23/04 FINAL 17 of 74 EMERGENCY SUPPORT FUNCTION #3 PUBLIC WORKS AND ENGINEERING ANNEX PRIMARY AGENCY: Town: Oro Valley Public Works Department SUPPORT AGENCIES: Town: Police Department Oro Valley Building Safety Oro Valley Water Utility Oro Valley Parks and Recreation State: Division of Emergency Management Department of Transportation Arizona Corporation Commission Local: Pima County Department of Transportation and Flood Control District Pima County Wastewater Management Pima County Solid Waste Management Fire Departments Private: Associated General Contractors of Arizona I. INTRODUCTION A. Purpose Provide public works and engineering support to the Town of Oro Valley. B. Scope 1. TOVPWD will provide technical advice and evaluations, engineering services, construction management and inspection, emergency contracting, emergency repair of road, drainage and building facilities. 2. Activities within this ESF include: a. Emergency flood fighting operations. b. Emergency debris clearance for reconnaissance of damage areas and 8/23/04 FINAL 18 of 74 passage of emergency personnel and equipment. c. Identification of emergency landfill areas for debris disposal. d. Temporary construction of emergency access routes, which include p Y damaged streets, roads,bridges, airfields and any other facilities necessary for passage of rescue personnel. e. Emergency restoration of critical public services and facilities. g Y f. Emergency demolition or stabilization of damaged structures and g Y facilities designated bytown or other government as immediate hazards � to the public health and safety. g Temporary protective measures to abate immediate hazards to the public for health and safety reasons until demolition are accomplished. h. Technical assistance and damage assessment, including structural inspection. II. POLICIES Public Works planningwill focus on enhancing the ability of Public Works to perform A. their assigned disaster missions. B. Public Workslannin will include utilization of available county capabilities. p g Ill. SITUATION AND ASSUMPTIONS cause A. A disaster mayunprecedented property damage. Structures may be destroyed or severely weakened. Homes, public buildings,bridges and other facilities may have to be reinforced or demolished to ensure safety. Debris may make streets and highways impassable. Public utilities may be damaged and may be partially or fully inoperable. Equipment in the immediate disaster area may be damaged or inaccessible. Sufficient resources may not be available to meet emergency requirements. Town, County and state assistance may be required to identify and deploy resources from outside the affected area to ensure a timely, efficient and effective response. Existing landfills maybe overwhelmed bydebris and need to be augmented by areas pre-designated for clean debris disposal. B. Assistance maybe needed to clear debris,perform damage assessment and structural evaluations, make emergency repairs to essential public facilities, reduce hazards by stabilizingor demolishingstructures, and to provide water for human health needs and fire fighting. C. Access to the disaster areas will be dependent upon the reestablishment of ground 8/23/04 FINAL 19 of 74 routes. In many locations, debris clearance and emergency road repairs will be given top priority support to su ort immediate lifesaving emergency response activities. g D. Rapid damage assessment of the disaster area will be required to determine potential workloads. Emergency environmental waivers and legal clearances from the ADEQ will be E. g y needed for disposal of Materials from debris clearance and demolition activities. F. engineering Personnel with en ineerin and construction skills, and construction equipment and materials may be required from outside the disaster area. G. Reevaluation ofp reviously assessed structures and damages may be required. IV. CONCEPT OF OPERATIONS A. Upon request and when the Mayor, or his designee,has proclaimed a State of p q enc Emerg Y, the Mayor, or his designee, will activate the Town EOC. TOVPWD will Y provide at least one representative to the Town EOC Public Works Branch and provide public works and engineering support to the affected area. B. The Town EOC will coordinate county resources to assist local government in emergency work and identify resources that could assist local utilities in emergency g Y restoration. C. Should the combined resources of local, county and private agencies prove inadequate, the Mayor, or his designee,through the Pima County OEM, and ADEM, will request state activation of ESF#3 of the state Emergency Response and Recovery Plan. V. ORGANIZATIONAL ROLES AND RESPONSIBILITIES A. TOVPWD will: 1. Providep ersonnel, equipment, supplies and other resources to assist in emergency operations such as repairing roads,bridges, debris removal, flood g Y p fighting and other related tasks. 2. Provide engineering support to conduct Preliminary Damage Assessments (PDAs) and prepare Damage Survey Reports (DSRs). 3. Assist in locating suitable debris disposal sites and provide guidance on areas affected by hazardous materials. 8/23/04 FINAL 20 of 74 VI. RESOURCE REQUIREMENTS A. TOVPWD will: 1. Identify operating personnel and equipment including any contract agreements with other resources. 2. Prepare procedures for documenting expenses. VII. PLAN DEVELOPMENT AND MAINTENANCE This ESF and related SOPS will be maintained jointly by TOVPWD in coordination with other tasked Town Departments. 8/23/04 FINAL 21 of 74 EMERGENCY SUPPORT FUNCTION #4 FIRE AND EMERGENCY MEDICAL SERVICES ANNEX PRIMARY AGENCIES: Town: Oro Valley Fire Department or District Having Jurisdiction SUPPORT AGENCIES: County: Office of Emergency Management Sheriff's Department Health Department State: Division of Emergency Management(ADEM) State Fire Marshal(SFM) State Land Department (SLD) Arizona Department of Health Services (ADHS) Local: All Other local Fire Departments Federal: Department of Agriculture Department of Defense Department of Interior Volunteer: American Red Cross (ARC) Volunteer Resources Network(VRN) Salvation Army Arizona Volunteer Organizations Active in Disasters (AzVOAD) INTRODUCTION A. Purpose Optimize the use of fire service and emergency medical services throughout the Town county for emergencies/disasters requiring county fire/EMS response and or assistance. B. Scope Provide personnel, equipment and supplies in support of: 1. County/local agencies involved in rural and urban firefighting operations. 2. Local, county, state or federally declared emergencies/disasters. 8/23/04 FINAL 22 of 74 II. POLICIES A. When this ESF is activated, the Town EOC will provide direction, control and coordination of fire/EMS resources. III. SITUATION AND ASSUMPTIONS A. Uncontrolled fires may reach such proportions as to become an emergency/disaster. If notrom tly controlled, even small fires can threaten lives and cause significant p p destruction of property and the environment. B. Fire service resources may be needed for response to other natural and technological emergencies/disasters. IV. CONCEPT OF OPERATIONS A. When a fire or mass casualty incident exceeds, or is expected to exceed the resources of the local fire department or district(including mutual aid), the Fire Marshal will notify the on call Pima County OEM coordinator. B. If the situation warrants, the Mayor, or his designee,will activate this ESF and open the Town EOC. C. If mass casualties are involved and patients are to be transported to Town medical facilities, whether from within the Town or from other locations, the Pima County/ City of Tucson Medical Emergency Dispatch System(MEDS) will be notified. D. All responding agencies will develop internal procedures to include: 1. Identification of key personnel 2. Alert notification 3. Operational checklists 4. Expenditure documentation V. ORGANIZATIONAL ROLES AND RESPONSIBILITIES A. The fire department or district having jurisdiction is tasked to respond to and control fire incidents and emergency medical incidents within their identified boundaries. In areas without formal lines of jurisdiction for fire control, the Mayor or his designee may request departments to dispatch resources in accordance with this ESF. B. Pima County OEM is responsible for the coordination of county resources required under this ESF, and will: 8/23/04 FINAL 23 of 74 1. Coordinate the planning for and response to natural and human caused fires, except wild land fires, which exceed or are likely to exceed the capability of local government. 2. Coordinate and manage the use of fire service resources responding to emergencies/disasters. 3. Notify the Pima County Fire Chiefs Association(PCFCA) and ADEM when this ESF is activated and request appropriate representatives to serve in the Town EOC. 4. Provide support and coordination of resources as needed. 5. Develop operational procedures to include: a. Internal and external alert notification b. Expenditure documentation c. Operational checklists 6. Coordinate continuing actions and recovery operations. C. PCFCA: 1. Arizona Fire Chiefs Association (AFCA) or PCFCA, depending on the circumstances, will assign a representative to work in the TOWN EOC when requested. Their representative will: a. Coordinate the use and deployment of needed fire service resources. b. Report on the status of fire service resources and operations. c. Serve as a liaison with Pima County Health Department to coordinate emergency medical assets. d. Maintain a listing of fire service and emergency medical resources within the county, in cooperation with SLD, ADHS and ADEM. D. Pursuant to their own rules, the SLD will: 1. Maintain contact with the Town EOC through the Pima County EOC, advising of resource availability. 8/23/04 FINAL 24 of 74 2. Procure resources through their established system of accessing fire resources. E. OVPD will: 1. Provide security for Town property and evacuated areas. 2. Provide roadblocks on Town, county, state and federal highways. 3. Assist in evacuation of threatened population from within town boundaries. 4. Provide crime laboratory support for evidence collection,body identification and notification of next of kin. F. Pursuant to their own EOP, Pima County Health Department will: 1. Identify special needs supervised care facilities in the evacuation area. 2. Provide epidemiologist services. 3. Obtain support from the ADHS laboratory. G. Support agencies will provide trained personnel to the Town EOC as requested, to coordinate their agencies' activities during an emergency/disaster. 1. Fire departments and districts that have volunteered to participate as fire service assets during Town, county, state and federally declared emergencies/disasters will: a. Provide personnel and equipment, including emergency medical services, as requested by the primary agencies, unless the response would place their jurisdiction in jeopardy. b. Dispatch personnel or equipment to a disaster/emergency unless requested by Pima County OEM, the affected local jurisdiction under a mutual aid agreement. c. Assume their appropriate role in the Incident Command System (ICS) and/or provide incident command support as requested by the incident commander (IC) or, if ICS has not been established, initiate ICS. d. Triage, stabilize, treat, transport and decontaminate the injured as appropriate. e. Establish and maintain field communications and coordination with other responding emergency teams and hospitals. 8/23/04 FINAL 25 of 74 f. Direct the activities of private, volunteer,bystander volunteers and other emergency medical units. g. Assist in the evacuation of patients from affected hospitals and nursing homes. h. Provide specialized teams to support disaster response or as pre- positioned assets to mitigate or respond to forecasted emergencies. i. Provide a wide range of support at the scene based on the needs of the incident, including improvisational tasking. j. Remain as coach assets until released by the Town EOC to return to their home jurisdiction. H. Federal agencies: 1. U.S. Department of Agriculture, Forest Service is responsible for fire service activities in the national forests. 2. U.S. Department of Defense is responsible for fire service activities on federal military installations. 3. U.S. Department of Interior, including Bureau of Indian Affairs (BJA), Bureau of Land Management (BLM), and National Park Service (NPS) is responsible for fire service activities on Native American and other federal lands. I. Volunteer agencies (i.e., ARC, VRN, Salvation Army and AzVOAD) will provide trained personnel to the Town EOC as requested to coordinate their activities during the emergency/disaster. VI. RESOURCE REQUIRMENTS A. Pima County OEM provides and coordinates emergency management training. B. SFM provides and coordinates firefighting training. C. ADHS provides and coordinates emergency medical training. VII. PLAN DEVELOPMENT AND MAINTENANCE A. This ESF and related SOPs will be maintained jointly by the fire departments and OVPD in coordination with all tasked. 8/23/04 FINAL 26 of 74 EMERGENCY SUPPORT FUNCTION #5 DIRECTION AND CONTROL ANNEX PRIMARY AGENCY: Town: Oro Valley Police Department SUPPORT AGENCIES: County: Tucson-Pima County Office of Emergency Management County Administrator County Attorney Department of Community Resources Financial Operations Parks and Recreation Department of Environmental Quality Health Department Sheriffs Department Department of Transportation and Flood Control Department of Solid Waste Wastewater Management Federal: National Weather Service Volunteer: American Red Cross Arizona Voluntary Organizations Active in Disaster Civil Air Patrol Salvation Army INTRODUCTION A. Purpose Utilizing the Town of Oro Valley Incident Command System (TONICS) the Town EOC will: 1. Provide direction, control and coordination of Town of Oro Valley resources during emergency operations. 2. Ensure the efficient use of all resources to protect lives and property. 3. Describe the procedures and support requirements necessary for the activation of the Town EOC. 8/23/04 FINAL 27 of 74 4. Collect, process and disseminate information about an actual or a potential emergency. B. Scope Coordinate the information,planning, operations and resource activities at the town level. Direction and Control ESF activities are grouped in the following functional Town EOC Groups: 1. Executive/Policy Group a. This group is responsible for the strategic direction of town level emergency operations. It performs or supports the command function and may include representation from other agencies or jurisdictions. Mutual aid liaison at the policy level is established here. Strategic direction is articulated from the Executive/Policy Group. Policy Group consists of the following members or designates: (1) Group Chief: Town Manager (2) Town Public Information Officer(PIO) (3) Police Department Chief (4) Fire/EMS Chief/Marshal (5) Department Directors as appropriate (6) Town Attorney 2. Operations Group a. This group is responsible for town tactical command coordination and incident response assets. Tactical level liaison of mutual aid is accomplished by this group. The group will monitor operations and assess current operational conditions, shortfalls and unmet human needs. The group may be composed of command staff from the following field response agencies: (1) Group Chief: As appointed by the Town Manager, from the department or discipline assuming IC at the incidents (2) Police Department (3) Public Works Department (4) Fire/EMS (5) Other town/state/county/local representatives b. The Operations Group also includes the Technical Operations Group (TOG). TOG is responsible for gathering and interpreting technical data; i.e., radiological findings, hazardous materials, and seismic 8/23/04 FINAL 28 of 74 information required for policy decisions. 3. Plans Group a. This group coordinates elements of information to provide incident analysis. The Plans Group is responsible for monitoring and reporting the current situation status, and projecting and planning for possible incident developments in the future. It has the primary responsibility for the production of action plans and works directly with other Town EOC staff elements to coordinate operational requirements. The Plans Group consists of the following members: (1) Group Chief—appointed by Town Manager (2) Command/Support staff from field response agencies (3) Other town/county/state/federal department/agency representatives 4. Logistics Group a. This group coordinates personnel, resources, communications augmentation, supplies, and other assets, required to support county agency response. The elements of the Logistic Group are Resource Support, Communications, and Town EOC Support. Requests for assets, whether internal or external, are validated and processed by this group. Logistics handles the financial aspects of an emergency, maintains the message center and documents the need for/use of resources. This group consists of the following members or their designates: (1) Group Chief—appointed by Town Manager (2) Public Works Department (3) Oro Valley Police Communications Supervisor (Communications) 5. Administration Finance Group a. The Administration Finance Group is responsible for Information Management, Fiscal Services, procurement, and documentation of the emergency. Members of the group may include command staff or their designates from the following departments: 8/23/04 FINAL 29 of 74 (1) Group Chief, appointed by Town Manager (2) Manager, Town of Oro Valley Information Services (3) Town of Oro Valley Human Resources (4) Town of Oro Valley Financial Operations (5) Town of Oro Valley Procurement II. POLICIES A. When this plan is activated, the Town Manager and staff will provide direction, control and coordination of resources. B. The Town EOC Functional Groups, provide guidance, assist in decision making and arrange for resources for the field Incident Commander(s) (ICs). They obtain information from a variety of sources and seek information to develop an accurate picture of the disaster or emergency. C. To manage their operations, all ESFs will collect and process information. The Functional Groups will focus on collecting critical information, which is of common value or need to more than one ESF or operational element to create an overall perspective of the situation. Functional Groups will rely on ESFs to provide this critical information that will be disseminated to appropriate users and developed into reports,briefings and displays. D. The Plans Group will produce Situation Reports (SITREPS), which will be distributed to ADEM and others as required. E. The Functional Groups will provide technical advice to the IC and ESFs from support agencies with technical expertise. F. The staff of the Town EOC will support short and long term planning activities. Plans will be short and concise, based on priorities established by the IC. The Town EOC staff will record the activities planned and track their progress. The response priorities for the next operational period may be addressed in the SITREP. G. The staff of the Town EOC will not release information directly to the public. It will provide information to the PIO for release to the public and the media. III. SITUATION AND ASSUMPTIONS A. Many hazards have the potential for causing disasters, which require centralized coordination. 8/23/04 FINAL 30 of 74 B. During emergencies/disasters, management and coordination functions can be g accomplished at the Town EOC, thereby allowing field personnel to concentrate on essential tasks. C. Responsibility for the performance of emergency functions is charged to departments that do similar activities during routine operations. Where such an alignment of emergency functions and routine operations is not possible, the establishment of an g Y emergency organization is required. D. During an emergency, the Mayor, or his designee, exercises direction and control, g establishes policy and provides overall supervision of the operations of Town government. IV. CONCEPT OF OPERATIONS A. Upon activation of this plan, the Mayor, or his designee, will exercise direction of town response operations. B. The Town Manager, on behalf of the Mayor, may coordinate operations and provide necessary direction and control for town agency response and recovery activities. C. The Incident Commander, on behalf of the Town Manager, may coordinate operations and provide necessary direction and control for response and recovery activities. D. Director of each town department involved in disaster response operations will: 1. Be responsible for the coordination and performance of their emergency functions. 2. Exercise direction and control of their operations from normal duty locations during routine operations. Overall coordination will be exercised from the Town EOC upon its activation. Town Department representatives will report to the Town EOC upon the request of the Town Manager. 3. Maintain operational control of the department's personnel, equipment and supplies. 4. Identify a minimum of one primary and two alternate individuals to manage disaster response operations and ensure that the agency SOP outlines: a. The specific emergency authorities that designated successors assume during emergencies. b. The circumstances under which the successor's authorities become effective and are ended. 8/23/04 FINAL 31 of 74 E. Town Emergency Operations facilities include: 1. Primary Town EOC is located in the Police Department building, 11000 N. La Canada Drive. This facility, with an operational area of approximately 300 square feet, includes an office, an operations area, and communications rooms. Restroom facilities are located adjacent to the operations area. An emergency generator is located adjacent to this building. The Town EOC will be: a. The primary facility utilized to coordinate town emergency operations. It will maintain communications with affected political subdivisions, responding, PCOEM and ADEM. b. Partially or fully staffed on a 24-hour basis as determined by the Town Manager. 2. Alternate Town EOC is the Community Development"Hopi Room", located at 11000 N. La Canada Drive. This facility, with an operational area of approximately 2000 square feet, and includes an operations area, and restroom facilities. An emergency generator is available for this facility. A minimum of two hours notice is required to make the space available as an alternate Town EOC. F. Town EOC Activation Procedures 1. The Town EOC will be activated in response to natural and technological emergencies or any significant event which endangers public health, safety, well being and/or public property, or which disrupts essential community services. 2. Activation levels are as follows: a. Normal operations b. Employee standby c. Partial activation d. Full activation 3. Activation of the Town EOC will be accomplished by the Town Manager, or Coordinator, at the request of any department within the town. 4. Determined by the magnitude of the event, the initial phase of activation consists of calling and alerting all or part of the designated Town EOC staff. As required, representatives of other county/state/federal/private agencies may 8/23/04 FINAL 32 of 74 be alerted and directed/requested to report to the Town EOC. V. ORGANIZATIONAL ROLES AND RESPONSIBILITIES A. Oro Valley Police Department will: 1. responsibility Assume res onsibilit for the operation and maintenance of the Town EOC. 2. Provide operations staff for all Town EOC positions. Staffing for the groups will be according to the Town EOC SOP. 3. Upon activation of the Town EOC, notify the appropriate departments and request that they provide a representative to the Town EOC. 4. Assume responsibility for providing emergency public information through the media. B. Other Town Departments and Agencies will: 1. Provide representation in the Town EOC as requested. 2. Establish a department EOC, as appropriate,to provide direction and control of their department's resources. C. Private Organizations may: 1. Be requested to provide representation to the Town EOC as appropriate. VI. RESOURCE REQUIREMENTS A. Primary support ort for this ESF will come from OVPD. Other will be called upon to provide support as needed. B. Training for this ESF will be provided by OVPD. C. The Town EOC will be exercised as determined by the Town Manager. VII. PLAN DEVELOPMENT AND MAINTENANCE OVPD has primaryresponsibility for development and maintenance of this ESF. A. p Other departments may be requested to provide input. 8/23/04 FINAL 33 of 74 EMERGENCY SUPPORT FUNCTION #6 MASS CARE ANNEX PRIMARY AGENCIES: County: Tucson-Pima County Office of Emergency Management Volunteer: American Red Cross (ARC) SUPPORT AGENCIES: County: Health Department Community Services Local: Oro Valley Fire Department Oro Valley Police Department Tucson Fire Department Volunteer: Volunteer Resources Network(VRN) Salvation Army Arizona Volunteer Organizations Active in Disasters (AzVOAD) INTRODUCTION A. Purpose 1. Coordinate efforts to provide shelter, food and emergency first aid following a disaster. 2. Operate a Disaster Welfare Inquiry(DWI) system to collect,receive and report information about the status of victims and assist with family reunification. 3. Coordinate bulk distribution of emergency relief supplies to disaster victims. B. Scope 1. ARC independently provides mass care to all disaster victims as part of a broad program of disaster relief, as outlined in charter provisions enacted by the United States Congress, Act of January 5, 1905, and the Disaster Relief Act of 1974 (P.L.93-288 as amended by the Stafford Act of 1988). 2. Initial response activities will focus on meeting urgent needs of disaster victims. The provision of ARC disaster services of Emergency Assistance and Additional Assistance will be considered based on needs of the disaster victims, the emergency/disaster situation and available resources. Close coordination will be required through town/county/state/federal/volunteer 8/23/04 FINAL 34 of 74 agencies responsible for recovery operations. 3. This ESF encompasses: a. Shelter The provision of emergency shelter for emergency/disaster victims includes the use of: (1) Pre-identified shelter sites in existing structures. (2) Creation of temporary facilities, such as tent cities. (3) Pre-identified facilities outside the disaster-affected area, should evacuation be necessary. b. Feeding (1) The provision for feeding disaster victims and emergency workers is accomplished through a combination of fixed sites, mobile feeding units and bulk food distribution. Such operations will be based on sound nutritional standards and will include provisions for meeting health and dietary requirements. c. Emergency First Aid (1) Emergency first aid services will be provided to disaster victims and workers at mass care facilities and designated sites within the disaster area. This emergency first aid service will be supplemental to emergency health and medical services established to meet the needs of disaster victims. d. Disaster Welfare Inquiry (DWI) (1) Inquiries regarding individuals residing within the affected area will be collected and provided to immediate family members outside the affected area through a DWI System. DWI will also aid in reunification of family members. e. Bulk Distribution of Emergency Relief Items (1) Sites will be established for the distribution of emergency relief items. The bulk distribution of these relief items will be determined by the requirement to meet urgent needs of disaster victims for essential items. II. POLICIES 8/23/04 FINAL 35 of 74 A. General 1. This ESF is likely to be implemented upon request for county assistance. 2. All government/volunteer/private resources will be utilized. 3. All services will be provided without regard to economic status,race, religious, political, ethnic or other affiliation. 4. This plan will not supersede ARC response and relief activities. ARC relief operations will conform to the ARC Board of Governors Disaster Services Policy Statements and accomplished according to the ARC Disaster Services Program ARC 3000 Series. ARC will maintain administrative and financial control over its activities. B. Mass Care 1. Sheltering, feeding and emergency first aid activities may begin during or immediately after the emergency/disaster. Pre-staging of these facilities may occur when emergencies/disasters are anticipated. 2. Parent organizations of relief workers should plan to provide for those workers and be self-supporting for the first 72 hours after arrival in the affected area. Feeding for emergency workers will be provided by the workers parent organization. C. Disaster Welfare Inquiry (DWI) System 1. DWI System consists of those persons identified on shelter lists,National Disaster Medical System (NDMS) casualty lists and any information made available by the state/county/local EOCs and hospitals. This list will be collected and made available to immediate family members. 2. An initial moratorium on the DWI system not to exceed 48 hours, may be issued to allow activation of the system and determination of the affected area. 3. Information about persons injured and/or remaining within the affected area will be provided by local medical units to the DWI System. 4. Information on casualties evacuated from the affected area to other medical facilities will be provided by the NDMS tracking system. The listing of disaster-related deaths will be limited to officially confirmed fatalities. 5. The missing category will not be used by the DWI System. 6. The DWI operation will be discontinued when practical. 8/23/04 FINAL 36 of 74 III. SITUATION AND ASSUMPTIONS A. Many emergencies/disasters have necessitated evacuation of affected areas. g Government has assumed the responsibility for the provision of temporary emergency shelter and care for victims. B. Individuals and families can be deprived of normal means of obtaining food, clothing, shelter and medical needs. Family members may become separated and unable to locate each other. Individuals may develop serious physical or psychological problems requiring specialized medical services. C. As a result of a major emergency/disaster in adjacent towns or cities,the Town may be requested to shelter evacuees. IV. CONCEPT OF OPERATIONS A. Government must be prepared to provide for the basic needs of people displaced by emergencies/disasters. B. Evacuees will be directed to a pre-selected shelter facility. They will be registered and provided shelter and food by the ARC, school district or other volunteer agencies. If the evacuee chooses to reside with friends or relatives, they will be requested to register with the public shelter. This process will ensure that evacuees can be located and/or reunited with family members. V. ORGANTZATIONAL ROLES AND RESPONSIBILITIES A. The Town of Oro Valley will: 1. Be responsible for shelter operations within the town. Specific organizations located within the community, (i.e., local ARC chapter, school district superintendent, other local volunteer organization, etc.) may be requested to assist with sheltering operations. 2. Retain responsibility for sheltering and coordinating operations with the Town EOC. 3. Provide law enforcement for shelter security. 4. Provide fire protection and safety services through community fire departments. 5. Provide emergency medical support at shelters. 6. Ensure health standards are maintained at shelters. 8/23/04 FINAL 37 of 74 B. Volunteer agencies: 1. ARC will support local government in setting up and running shelters, and providing food, first aid and DWI System. 2. Other volunteer agencies (e.g. Volunteer Resources Network, AzVOAD, Salvation Army, church groups, etc.)may be called upon to provide assistance in sheltering operations, food services and other identified needs. VI. RESOURCE REQUIREMENT A. Primary support ort for this ESF will come from Pima County OEM. Other county agencies will be called upon to provide support as needed. VII. PLAN DEVELOPMENT AND MAINTENANCE A. This ESF is developed and maintained by the OVPD, with assistance from Pima County OEM, ARC, Salvation Army, VRN, AzVOAD and other volunteer agencies. 8/23/04 FINAL 38 of 74 EMERGENCY SUPPORT FUNCTION #7 HEALTH AND MEDICAL SERVICES ANNEX PRIMARY AGENCY: County: Pima County Health Department SUPPORT AGENCIES: State: Department Health Services Division of Emergency Management National Guard Department of Public Safety Federal: Federal Emergency Management Agency Department of Health and Human Services Local: Oro Valley Fire Department Tucson Fire Department Volunteer: American Red Cross Private: Pima County Medical Society Arizona Chapter of the American College of Emergency Physicians Arizona Chapter of the Emergency Department Nurses Arizona Hospital Association Arizona Medical Association Arizona Nurses Association Arizona Osteopathic Medical Association I. INTRODUCTION A. Purpose 1. Provide assistance to local government in response to health and medical care needs following an emergency/disaster. The Director, Pima County Health Department, shall direct assisting organizations. 2. Assure continuity of medical care services and the availability of medical supplies. 8/23/04 FINAL 39 of 74 B. Scope Supplemental assistance provided to local governments in identifying and meeting the health and medical needs of disaster victims. II. POLICIES A. Health and Medical Services planning will be directed toward satisfying the needs of town and county agencies requiring Health and Medical Services to perform their assigned disaster missions. B. Health and Medical Services planning will include utilization of available county health and medical capabilities. III. SITUATION AND ASSUMPTIONS A. Many casualties requiring emergency transportation and medical care may occur as the result of an emergency/disaster. Persons receiving medical care before the emergency/disaster will require continued treatment. The systems and facilities that provide medical services may be impaired or totally disrupted by the impact of an emergency/disaster. B. Medical care services are an essential element of emergency/disaster response. Pima County and TOV government must maintain these capabilities to initiate coordinated emergency health and medical care. N. CONCEPT OF OPERATIONS A. The TOV can request assistance through Pima County OEM. B. The county can request state and federal emergency medical assistance during an emergency/disaster. C. In the event county, state and local government resources are inadequate to meet medical needs, OEM may access the National Disaster Medical System(NDMS) through FEMA's National Emergency Coordinating Center(NECC). The NDMS is a federally coordinated program that augments emergency medical response of state and local medical organizations. V. ORGANIZATIONAL ROLES AND RESPONSIBILITIES A. County Government 1. The County Medical Officer shall: a. Identify resources to supplement local emergency care for casualties 8/23/04 FINAL 40 of 74 and local medical care for persons in need of medical treatment. b. Coordinate the activities of all organizations within the county, which operate ambulances. c. Provide current information on the countywide status of ambulance units and certified EMS personnel. 2. PCOEM will: a. Request activation of the NDMS. b. Coordinate state and federal assistance with ADEM. c. Coordinate the use of National Guard resources. C. The Arizona Department of Public Safety(DPS) will assist in providing transportation of sick or injured persons utilizing DPS air-ambulance units. D. Through the Arizona Governor's office, The National Guard will : be contacted to. 1. Assist in providing transport of sick or persons. ersons. 2. Provide assistance in casualty care. 3. Transport health-related materials andP ersonnel. E. Other Pima County agencies willrovide assistance as requested quested within their available resources and expertise. F. Town of Oro Valley Fire Department and Tucson Fire Department p nt 1. Provide initial assessment of injuries and casualties to the TOVEOC. 2. Administer first aid to the injured. G. Volunteer Organization 1. The American Red Cross (ARC) will: a. Assist in providing care for sick and injured persons. b. Provide coordination of blood and bloodroducts in their responsible ponsible areas. 8/23/04 FINAL 41 of 74 H. Private Organizations 1. The Pima County Medical Society, the Arizona Chapter of the American College of Emergency Physicians, the Arizona Medical Association and the Arizona Osteopathic Medical Association, will assist in providing supplementary physician manpower. 2. The Arizona Hospital Association will provide hospital bed and operating room status. 3. The Arizona Chapter of the Emergency Department Nurses Association and the Arizona Nurses Association will assist in providing additional nursing personnel. 4. The American Red Cross will provide coordination and delivery of blood products in their responsible areas. VI. RESOURCE REQUIREMENTS A. Pima County Health Department and other agencies identified in this annex shall identify resources that may be necessary to accomplish missions assigned by this ESF. VII. PLAN DEVELOPMENT AND MAINTENANCE A. TOV Police Department, in coordination with PCOEM and Pima County Health Department, will review and revise this ESF as required. Each primary and support agency will review and update SOPs in support of this ESF. 8/23/04 FINAL 42 of 74 EMERGENCY SUPPORT FUNCTION #8 HAZARDOUS MATERIALS ANNEX PRIMARY AGENCIES: County: Office of Emergency Management Department of Environmental Quality Wastewater Department Risk Management Health Department SUPPORT AGENCIES: State: Division of Emergency Management Department of Health Services Arizona National Guard Facility Incidents: Department of Environmental Quality Highway Incidents: Department of Public Safety Department of Transportation Pipeline Incidents: Corporation Commission Radiological Incidents: Radiation Regulatory Agency Railroad Incidents: Corporation Commission Department of Public Safety Federal: Federal Emergency Management Agency Department of Energy Environmental Protection Agency Department of Transportation Local: Oro Valley Fire Department Tucson Fire Department Private: Chemical Manufacturers Association (CMA) I. INTRODUCTION A. Purpose 8/23/04 FINAL 43 of 74 1. To meet Pima County Hazardous Materials (HazMat) Emergency Planning requirements. 2. Top rotect life and property from risks associated with the discharge, release or misuse of HazMat by providing coordinated, effective, county support to incorporated and unincorporated areas, and to coordinate with and request assistance from state, federal and private organizations. B. Scope 1. Provide detailed information needed for the effective coordination of local/county/state/federal private resources involved in HazMat emergency operations by: a. Identifying the authorities, roles and responsibilities of county agencies; b. Establishing coordination, command and control procedures; and c. Describing criteria and procedures for requesting state/federal assistance. II. POLICY A. The term HazMat is used in a generic sense to mean any chemical, substance, material or waste which may pose, in an uncontrolled state, a risk to life, health, safety, property or the environment and includes: 1. Hazardous materials as defined by United States Department of Transportation (USDOT). 2. Hazardous wastes, hazardous substances and extremely hazardous substances as defined by United States Environmental Protection Agency(EPA). 3. Radioactive materials as defined under the Atomic Energy Act. B. Compliance with Title 29 Code of Federal Regulations (29 CFR) section 1910.120 will be adhered to in any response or recovery operation involving county agencies and Pima County HazMat Team members. 1. County and team personnel who are present at the site of a HazMat incident will operate under the safety standards provided for in 29 CFR 1910.1 20(q)(3), and Pima County HazMat Team Standard Operating Procedures (SOPs). 8/23/04 FINAL 44 of 74 2. County and team personnel who respond at the Technician and Specialist level will be provided with medical surveillance and consultation as provided for in 29 CFR 1910.1 20(q) (9). 3. Chemical protective clothing and equipment used by county HazMat response personnel will meet the applicable requirements of 29 CFR 1910.120(q) (10). 4. County and HazMat team response personnel will also adhere to their respective departmental personal protection guidelines and policies. 5. County and HazMat Team personnel will respond only at the level of training and certification they have achieved. Training will be based on the duties and function to be performed as provided for in 29 CFR 1910.120(q) (6) and 1926.65(q) (6). III. SITUATION AND ASSUMPTIONS A. Hazardous materials are formulated,used, stored and transported throughout Pima County. B. The uncontrolled discharge, release or misuse of a hazardous material may pose a significant threat to public health and safety. C. Local government has the primary responsibility to protect public health and safety. Local firefighters,paramedics and law enforcement officers are usually first-on-the- scene of HazMat incidents. D. Pima County has a Local Emergency Planning Committee (LEPC) consisting of elected officials, fire and law enforcement officers, emergency responders, emergency managers, media, community members, industry, transportation and medical representatives. The LEPC is mandated to develop and implement comprehensive emergency response plans regarding potential HazMat emergencies/disasters within Pima County. E. HazMat emergency response and recovery operations often require extensively trained teams and specialized equipment. Local and county government may not have adequate resources to develop and maintain the personnel, specialized training and equipment needed to safely and effectively respond to HazMat emergencies/disasters. F. After establishing liability, county/local agencies may recover HazMat emergency response costs in accordance with ARS 12-972 G. Timely and effective response by the county and private sector resources may be required to assist local government in response to and recovery from a HazMat incident. 8/23/04 FINAL 45 of 74 H. Theresponsiblefor state is providing emergency support and response when local government is unable to provide adequate response or recovery actions, or when an incident occurs in an area which is directly under state jurisdiction or involves certain state regulated activities. government The Federal may respond to HazMat incidents under the provisions of the HazMat annex of the Federal Response Plan (FRP), EPA National Contingency Plan (NCP) (40CFR, part 300), United States Department of Energy (DOE) Federal Radiological Emergency Response Plan(FRERP) or DOE's Region 4 Radiological g y Assistance Plan(RAP). IV. CONCEPT OF OPERATIONS A. General 1. Responsible parties and local response organizations will assess the situation and utilize their available resources. When an assessment indicates that additional resources are needed, the local government will request county assistance. B. Activation/Notification 1. Execution of this Plan and requests for assistance from county, state, federal andp rivate organizations become effective upon notification to the county that a HazMat incident has occurred. C. Response Actions 1. Local response actions On-scene command and control is the responsibility of the jurisdiction in which the incident occurs. The IC is in charge of all personnel at the scene. Agencies will maintain supervisory control of their personnel. Local emergency response agencies should make an immediate appraisal of the situation and it's potential. USDOT's North American Emergency Response Guidebook provides basic information to assist on-scene officials in selecting protective actions. Responders should: a. Establish scene management. b. Detect the presence of HazMat. c. Begin product identification. d. Begin evacuation or direct in-place sheltering as appropriate. 8/23/04 FINAL 46 of 74 e. Consider personal protection decontamination. f. Isolate incident and identify zones of activity. g. Contain incident without risking exposure. h. Perform firefighting,rescue, and emergency medical and other critical life saving response activities without undue concern regarding the potential for radiation exposure or contamination. j. Seek additional appropriate resources through the Pima County OEM if the event exceeds, or is expected to exceed,the capability of local resources, including mutual aid. Pima County OEM may request state assistance through the State On-Scene Coordinator(SOSC) or the Department of Public Safety(DPS) Duty Officer(DO). 2. Private sector actions a. The private sector(e.g., Chemical Manufacturers Association(CMA), facility operators, shippers, carriers, etc.)may be able to provide the IC with technical advice/recommendations or provide specialized personnel/equipment needed for response/recovery operations. b. Private cleanup contractors under Pima County contract will initiate HazMat cleanup and disposal at the direction of the IC. c. Private entities (i.e., responsible parties)may use a contractor of their choice. 3. Command and control a. In accordance with 29 CFR 1910.1 20(q) (3), county response to HazMat incidents will be managed under the Pima County Incident Command System(PCICS). On-scene command and control is the responsibility of the jurisdiction in which the incident occurs. b. County response to HazMat incidents will be managed using PCICS under three general circumstances: (1) Response to a local jurisdiction When a local jurisdiction has legal responsibility for response and is the IC, the Pima County Office of Emergency Management Coordinator (OEMC)will serve as a resource initially through the liaison officer at the command post. Additional county resources may be assigned to other functional areas within the command structure at the 8/23/04 FINAL 47 of 74 direction of the IC. The IC will coordinate requests for county assistance with the OEMC. (2) Response to state lands .The state is responsible for incidents occurring on state lands. In those situations, the state will be the IC and direct responding state and other resources. (3) Response by both the county and a political subdivision.When legal responsibility rests with both the county and another jurisdiction,the IC will be identified in coordination with the PCICS. 4. Containment Local and state emergency responders should minimize the spread of a spilled material by preventing the material from: a. Entering a body of water(e.g., lakes, streams, canals, etc.); b. Spreading over land; c. Entering sewer or drainage systems; and d. Becoming airborne. D. Continuing Actions 1. Recovery a. The responsibility/liability for cleanup lies with the entity responsible for the release/incident (40 CFR,part 300). Contamination should be minimized and cleanup expedited by emergency responders. b. Cleanup operations should be initiated using the following guidelines: (1) Cleanup will be initiated if there is an immediate threat to public health and safety. (2) If the responsible party accepts responsibility, local/state officials will monitor cleanup to ensure environmental standards are met. (3) If the responsible party is unknown or refuses to accept responsibility and local government does not have the capability or funds for cleanup, the State on Scene Coordinator (SOSC) will assess the situation. The SOSC will then request 8/23/04 FINAL 48 of 74 use of the Governor's Emergency Fund (GEF), the Water Quality Assurance Revolving Fund (WQARF) (ARS 49-2 82) or other funding sources available through DEQ. 2. Additional notifications a. Local response agencies and the SOSC will complete the Arizona Hazardous Materials Incident Report Form. b. When evidence that violations of the Motor Carrier Safety or Hazardous Materials Transportation Regulations caused or contributed to the severity of an incident,the IC/SOSC will notify DPS Special Services Division(SSD). V. ORGANIZATIONAL ROLES AND RESPONSIBILITIES A. County Agencies OEM will establish an emergency response unit to function as the public health and environmental element of the county HazMat emergency management program that will: 1. Request ADEM to authorize use of GEF for those incidents that pose an immediate threat to public health safety when there is no responsible party for cleanup and/or local government does not have the resources to accomplish a cleanup. 2. Act as the first response for HazMat incidents. 3. Provide scientific support to other ICs and respond to incidents involving potential environmental hazards. 4. Receive incident reports from facilities for reportable releases of hazardous substances or extremely hazardous substances. 5. Evaluate imminent hazards to human health and/or the environment. 6. Ensure that response/disposal phases of environmental emergencies are properly completed. 7. Identify appropriate county/state agencies to monitor clean-up and disposal. 8. Assist state agencies as appropriate to monitor cleanup/disposal to ensure that threatening conditions are eliminated. 9. Act as the incident specific Pima County representative on the County HazMat 8/23/04 FINAL 49 of 74 Team. 10. Notify ADEM, Arizona Radiation Regulatory Agency (ARRA) and Nuclear Regulation Commission(NRC) of incidents occurring within 100 km(62 miles) of the U.S./Mexico border. 11. Request assistance from the SOSC. 12. Implement use of WQARF or request use of GEF through ADEM. B. State Agencies 1. The Department of Public Safety Highway Patrol Bureau (HPB)will enforce laws relating to the use of highways and the operation of vehicles thereon, and provide specific services necessary to protect life and property. a. The HPB-DO (Duty Officer) is the designated 24-hour point of contact for state HazMat response operations and will: (1) Notify the designated SOSC and the DPS/DEQ HazMat Emergency Response Unit of reported events and circumstances, and the Arizona Department of Transportation (ADOT) emergency response specialist of incidents occurring on state highways or ADOT property. (2) Notify local agencies of HazMat incidents reported within their jurisdiction. (3) Coordinate emergency transportation for state response personnel, including fixed-wing or rotary wing aircraft. (4) Provide communications relays from/to the scene. (5) Coordinate requested uniformed support to other authorities for enforcement, evacuation, etc. b. The HPB HazMat Unit will function as the initial state response element to HazMat incidents and will: (1) Designate an SOSC for highway and rail transportation incidents. (2) Respond to events for evaluations and determination of additional state/federal private sector resources. (3) Perform technical response procedures. 8/23/04 FINAL 50 of 74 (4) Notify the NRC of incidents occurring within 100 km(62 miles) of the U.S./Mexico border. (5) Provide support to other SOSCs. taken in 2. DEQ will authorize the use of responsesubstanceactions or pollutant response to a release or threat of release of a hazardous that presents an emergency to the public health or environment including: a. Monitor, assess, identify, locate and evaluate the degradation, destruction, loss of or threat to waters. b. Conduct site investigations, feasibility studies,health affect studies and risk assessments. c. The Pima County Purchasing Office has executed a contract for removal of HazMat waste utilizing private contractors. d. Provisions for use of GEF are contained in ARS 35-192, paragraph C. 3. The Hazardous Substances Response Trust Fund established pursuant to the Comprehensive Environmental Response Compensation and Liability Act (CERCLA)maybe used to: a. Undertake removal actions authorized by Environmental Protection Agency(EPA)IUnited States Coast Guard (USCG)Federal on Scene Coordinator(FOSC)that will prevent or mitigate immediate significant risk of harm to human life/health or the environment. b. Reimburse local government, political subdivisions and Indian tribes up to $25,000 per incident for temporary emergency measures taken to prevent or mitigate injury to human health, welfare or the environment from hazardous substance threats (42 USC 9623). 4. Arizona Department of Transportation(ADOT)regulates highway transportation and administers safety programs involving state highways, routes, airports and transportation systems. a. The Motor Vehicle Division(MVD), Motor Carrier Safety Office regulates the safety operations of motor carriers transporting HazMat and takes administrative actions against manufacturers,motor carriers and drivers found to be in violation. b. The MVD Revenue Motor Carrier Services Office administers and enforces commercial vehicle registration, financial responsibility and 8/23/04 FINAL 51 of 74 highway user fees. Personnel at remote facilities who have received First-On-the-Scene, Hazard Communications Standards and ICS training may s ery e as on-scene-coordinators at ADOT facilities until emergency response personnel arrive. c. The ADOT HighwayDivisionperforms highway maintenance and related safety programs,ams� p ro ossesses resources and capabilities to support response and recovery efforts, and will: (1) Provide roadblocks and other equipment for traffic control. (2) Provide ADOTequipment,e ui ment trained personnel and materials for containment/cleanup operations. 5. Arizona Corporation Commission(ACC)regulates HazMat transportation by pipeline and rail through the adoption of the Federal Hazardous Materials g p Transportation Regulations. The ACC will: a. Respond to pipeline and railroad incidents. b. Support state/local response and recovery efforts. c. Respond in accordance with the Memorandum of Understanding, dated 1986, and revised April 1988,between ACC and DPS. July d. Assume the role of SOSC for pipeline incidents. e. Respond to incidents, evaluate and determine need for additional state/federal private sector resources. f. Support localemergency services and coordinate the federal/state/ private activities and resources. g. In rail incidents, provide the SOSC with a railroad safety liaison between the SOSC and railroad officials, and offer technical assistance. h. Assume the role of SOSC for railroad incidents after the threat has been abated and cleanup determinations have been made. i. Conduct railroad post-accident investigations. 6. Arizona Radiation RegulatoryAgency (ARRA) regulates the safe use, storage and disposal of radioactive materials,has primary responsibility for handling incidents involving radioactive materials, and provides radiological technical assistance and will: 8/23/04 FINAL 52 of 74 a. Assume the role of SOSC for the incident hot zone in which radioactive materials are of primary concern. b. Coordinate with the DEQ SOSC for facility incidents and the DPS SOSC for transportation incidents. c. Respond to all reported events involving radioactive materials. d. Provide technical information/assistance for handling and disposal of radioactive materials. e. Provide sample analyses. f. Monitor cleanup/disposal phases. 7. The Arizona Department of Agriculture (ADA)will: a. Provide laboratory analyses of pesticide, feed and fertilizer residues. b. Administer control and safety programs relative to fertilizer materials, pesticides and commercial feeds. c. Provide technical assistance for events involving agricultural chemicals. 8. ADEM leads the development and implementation of the state HazMat Emergency Management Program and will: a. Coordinate with state agencies to develop and implement the state HazMat Emergency Management Program. b. Coordinate HazMat mitigation efforts. c. Provide direction to state agencies responding to an incident and coordinate short-term recovery efforts. d. Develop, implement and maintain standardized curricula for HazMat Emergency Response training and education. e. Authorize and coordinate the disbursement of GEF monies for HazMat incidents. 9. The Department of Health Services (DHS) administers programs relating to public health and safety(ARS Title 36) and will: a. Provide chemical analyses of unknown materials through the Division 8/23/04 FINAL 53 of 74 3. The Volunteer Center of Southern Arizona will serve as the Town EOC's single point of contact to coordinate volunteer support. II. POLICIES A. General This ESF may be implemented upon request for Pima County assistance. 1. All services will be provided without regard to economic status, race, religious, political, ethnic or other affiliation. 2. The Volunteer Center of Southern Arizona will maintain administrative and financial control over its activities. 3. This Plan was developed under the authority of the Board of Directors of the Volunteer Center Tucson and its implementation is contingent upon the availability of resources and volunteers. III. SITUATION AND ASSUMPTIONS A. A natural or manmade disaster or terrorist event requires the evacuation of the affected areas. The government has assumed the responsibility for the provision of temporary emergency shelter and care for victims. Southern Arizona is vulnerable to a wide range of threats. Some of the most significant are: 1. Floods 2. Wildfires 3. Hazardous materials incidents 4. Transportation Accidents S. Windstorms 6. Domestic or international terrorism B. Individuals and families can be deprived of normal means of obtaining food, clothing, shelter and medical services. Family members may become separated and unable to locate each other. Individuals may develop serious physical or psychological problems requiring specialized medical services. The Red Cross, Salvation Army and other voluntary organizations are providing direct services to mitigate the crisis. C. Responding agencies and voluntary organizations require volunteer assistance to provide a variety of functions in support of their response and recovery efforts. These agencies are likely to include: 1. Traditional disaster relief agencies, e.g., Red Cross, Salvation Army, Community 8/23/04 FINAL 67 of 74 Food Bank, VOAD 2. Local governments, e.g., cities, county 3. Community-based organizations, especially those that serve vulnerable populations 4. Groups not previously known or not previously involved in disaster preparedness/response D. Spontaneous unaffiliated volunteers and people and organizations wishing to donate their time, talents, cash, and in-kind resources converge on the incident scene or at government and voluntary organizations, or call to offer their services or donations. E. A capability to receive and process volunteers at multiple locations to meet the needs of the community and of those providing direct services may be required. F. Additional telephone lines and other means of communication will be made available to support Volunteer Center of Southern Arizona operations. IV. CONCEPT OF OPERATIONS A. This plan will be activated in support of the Tucson-Pima County Office of Emergency Management and Homeland Security when a disaster occurs that is 1) in Southern Arizona and 2) is likely to require involvement of emergent (spontaneous, unaffiliated)volunteers or donations in response and relief activities. The trigger event will be when the Director, Tucson-Pima County Office of Emergency Management notifies the Director, Community Services, Volunteer Center of Southern Arizona that the City's Emergency Operations Center is being activated. Contact information: Scott Ingram, Director, and Community Services Volunteer Center of Southern Arizona 924 N. Alvernon Way Tucson, AZ 85711 Phone (W): (520) 881-3300, ext. 108 Phone(H): (520) 575-1056 Fax: (520) 881-3366 Cellular: (520) 275-4475 Email: singram@volunteertucson.org B. Upon activation, the Volunteer Center of Southern Arizona will establish the VESHq at 924 N. Alvernon Way. The VESHq will include a call center and, at Full Activation status, a Volunteer Intake Facility(VIF) where Disaster Response Coordinators will register volunteers and refer them to appropriate agencies that can use their expertise. C. In the event that the above facility is unsafe or cannot be made operational, the VESHq will be relocated to an alternate facility after consultation with the Director of Emergency Management. 8/23/04 FINAL 68 of 74 D. Satellite VIFs and mobile Disaster Response Teams (DRTs)will support local communities and the Incident Commander at appropriate locations as needed. E. The VESHq will coordinate all volunteer needs and will redirect donations of cash and goods to the appropriate agencies in accordance with the Community Disaster Relief Donations Process. F. A VESHq liaison will be assigned to the Town EOC when requested by the Director, Emergency Management. G. The size, staffing and equipping of the VESHq and VIF(s) will depend on the size and expected duration of the emergency situation. H. Hours of operation will be 8 am to 5 pm. Extended hours will be implemented as needed depending on the scope of the situation and the availability of volunteers and paid staff. In the recovery phase after a disaster, the Volunteer Center of Southern Arizona will: 1. Serve as the Town EOC's single point of contact to coordinate volunteer support and will coordinate and facilitate a community process to handle spontaneous cash and in-kind donations 2. Coordinate volunteer needs with ESFPAs and voluntary agencies responding to the emergency 3. Register and perform initial screening of volunteers via phone, Internet, and face to face; and refer volunteers to appropriate agencies 4. Maintain an up to date database of volunteer needs and potential volunteer resources and recruit volunteers as necessary 5. Provide updated information on volunteer needs to the media in coordination with the Town EOC and the JIC 6. At Full Activation status, activate the Volunteer Intake Facility(VIF) at 924 N. Alvernon Way and at other locations as dictated by the local communities needs 7. Receive spontaneous, unaffiliated volunteers (emergent) at the VIF(s) and through mobile DRTs 8. DRTs will respond to or near the disaster perimeter as requested by the TOWN EOC to process and redirect emergent volunteers 9. Provide a liaison to the Town EOC when requested by the Director, Emergency Management 8/23/04 FINAL 69 of 74 J. In the recovery phase, after a disaster the Volunteer Center of Southern Arizona will not: 1. Conduct background checks on volunteers or provide detailed information on each volunteer referred 2. Train volunteers referred to agencies 3. Accept donated goods. VCT will refer donations as outlined in the Community Disaster Relief Donations Process 4. Transport people or provide other direct services 5. Refer volunteers to individuals in need of assistance (VCT will refer the individuals to agencies that may be able to provide assistance) 6. Provide direct client services 7. Accept liability or provide insurance coverage or workers compensation coverage for volunteers V. ORGANIZATIONAL ROLES AND RESPONSIBILITIES A. Incorporated communities will identify a potential location(s) for satellite VIFs and coordinate communications support and activation with the VESHq. B. County government will identify a potential location(s) for satellite Volunteer Intake Facilities in unincorporated portions of the county. C. Voluntary agencies (SoAzVOAD, AzVOAD, and NVOAD members and other nonprofit agencies)will notify the VESHq of volunteer opportunities and other needs. VI. RESOURCE REQUIREMENT A. Primary support for this ESF will come from OEM. Other town departments will be called upon to provide support as needed. VII. PLAN DEVELOPMENT AND MAINTENANCE A. This ESF is developed and maintained by the TOV Police Department with assistance from the Volunteer Center of Southern Arizona, PCOEM, SoAzVOAD, and other volunteer agencies. 8/23/04 FINAL 70 of 74 LIST OF ACRONYMS A ACC Arizona Corporation Commission ADA Arizona Department of Agriculture ADEM Arizona Division of Emergency Management ADHS Arizona Department of Health Services AFCA Arizona Fire Chiefs' Association AGCA Associated General Contractors of Arizona AP Assembly Points ARC American Red Cross ARRA Arizona Radiation Regulatory Agency ARS Arizona Revised Statutes AzVOAD Arizona Voluntary Organizations Active in Disaster B BC Base Camps BIA Bureau of Indian Affairs BLM Bureau of Land Management C CAP Civil Air Patrol CERCLA Comprehensive Environmental Response Compensation and Liability Act CFR Code of Federal Regulations CHEMTREC Chemical Transportation Emergency Center CMA Chemical Manufacturers Association D DEQ Department of Environmental Quality DFO Disaster Field Office DHS Department of Health Services DO Duty Officer DOE Department of Energy DPS Department of Public Safety DPS SSD Department of Public Safety Special Services Division DRTs Disaster Response Teams DSR Damage Survey Reports DWI Disaster Welfare Inquiry E EMS Emergency Medical Services 8/23/04 FINAL 71 of 74 EOC Emergency Operations Center EPA Environmental Protection Agency ESF Emergency Support Functions ESFPA Emergency Support Functions Primary Agency EST Emergency Support Team F FBI Federal Bureau of Investigations FCO Federal Coordination Officer FEMA Federal Emergency Management Agency FRERP Federal Radiological Emergency Response Plan FRP Federal Response Plan G GEF Governor's Emergency Fund H HAZMAT Hazardous Materials HIT Hazard Information Transmission HPB Highway Patrol Bureau I IC Incident Commander ICS Incident Command System J JIC Joint Information Center JOC Joint Operations Center L LA Lead Agency LCA Lead County Agency LEPC Local Emergency Planning Committee LFA Lead Federal Agency LSA Lead State Agency M MC Mobilization Center MERS Mobile Emergency Response Support MOC Mobile Operations Center MVD Motor Vehicle Division N NCP National Contingency Plan 8/23/04 FINAL 72 of 74 NDMS National Disaster Medical System NECC National Emergency Coordinating Center NPS National Park Service NRC National Response Center NVOAD National Volunteers Organization Active in Disaster 0 OEM Office of Emergency Management P PCDTFCD Pima County Department of Transportation and Flood Control District PCFCA Pima County Fire Chiefs' Association PCICS Pima County Incident Command System PCSD Pima County Sheriff's Department PDA Preliminary Damage Assessments PDEQ Pima County Department of Environmental Quality PIO Public Information Officer POA Point of Arrival POD Point of Departure R RACES Radio Amateur Civil Emergency Services RAP Radiological Assistance Plan S SA Staging Area SCO State Coordination Officer SITREP Situation Reports SLD State Land Department SoAzVOAD Southern Arizona Voluntary Organizations Active in Disaster SOP Standard Operating Procedure SOSC State On-Scene Coordinator SSD Special Services Division of the Department of Public Safety T TOVEOC Town of Oro Valley Emergency Operations Center TOVPWD Town of Oro Valley Public Works Department U UC Unified Command UHF Ultra High Frequency USDOT United States Department of Transportation 8/23/04 FINAL 73 of 74 USCG United States Coast Guard V VESHq Volunteer Center Emergency Services Headquarters VHF Very High Frequency VIF Volunteer Intake Facility VOAD Voluntary Organizations Active in Disaster VRN Volunteer Resources Network w WMD Weapons of Mass Destruction WQARF Water Quality Assurance Revolving Fund 8/23/04 FINAL 74 of 74 TOWN OF ORO VALLEY _ I 0 STAFF REPORT TO TOWN COUNCIL MEETING DATE: January 5, 2005 TO: HONORABLE MAYOR& COUNCIL FROM: David Ronquillo, Planner SUBJECT: rUBLIC HEARING: ORDINANCE O 05-03 OV12-04-06 CPE CONSULTANTS REPRESENTING THE MCKESSON CORPORATION, REQUESTS APPROVAL OF A RECREATION AREA IN-LIEU FEE PROPOSAL FOR UPLANDS AT LAMBERT LANES, A 16 SINGLE FAMILY LOT SUBDIVISION; LOCATED 1/8 MILE WEST FROM THE INTERSECTION OF LA CANADA DRIVE AND LAMBERT LANE WITHIN THE EL CONQUISTADOR PLANNED AREA DEVELOPMENT, PARCEL 224-24-1570 BACKGROUND: The site consists of 9.46 acres and the zoning is El Conquistador Country Club PAD, within Development Area finalplat for this project is scheduled for review by Town Council on December 15, 2004. A condition B. The p � was specified and stated that "the in-lieu fee proposal for this subdivision must be approved by Town Council prior to recordation of the final plat". SUMMARY: Recreation Area Standards ' area is required as part of all preliminary plat submittals that consists of one acre for every 85 A recreationq dwelling units. As outlined in Sec. 4-305.F.5.a of the OVZCR, the optional in lieu method to providing a recreational area and requires Town Council approval. The ZoningCode sets forth evaluation criteria for Council to use when considering an alternative recreational area proposal and suggests that a decision be made based on the following: • The impact on the property resulting from a change in the standard recreational space requirements. • The advantages and disadvantages of the proposed alternatives. • The benefits afforded by the housing project from the alternative proposal. • Relative values to the community afforded by the alternative proposal, as compared with standard requirements. • If the subdivision contains 20 parcels or less, the subdivider shall pay a fee equal to the land value, as determined by the fair market value. • The subdivision is adjacent to a proposed Park. 4 Due to the close proximity of the future phases for the West Lambert Lane Park to the west, the applicant wishes to utilize the optional method for this subdivision. This approach was recommended by Planning, Parks and Recreation and the Development Review Board (DRB). It was approved by Town Council as part of the preliminaryprocess.plat The in-lieu fee will be used to fund future Town recreation facilities and would be based F:\ov\ovinoo4\ov 1 2-04-06\final plat\In-lieuFeeTCrpt.doc TOWN OF ORO VALLEY fOWN COUNCIL STAFF REPORT Pase2 of3- - complete) for .19 acres/8,276 square feet of recreation area that would the market rate (improved value a.s if on normally be required for this subdivision. In Lieu Fee submitted byKB Real Estate Appraisers Inc. on December 1, 2004. The report A written appraisal report was concluded that the ' containing412,078 (9.46 acres) "as if complete" is equal to $1,650,000 or subject property the recreation area amount required is 8,276 square feet, this equates to $4.00 per square foot. Given that $33,100. In sum, the amount proposedbyapplicant for a recreation area in lieu fee is $33,100. the pp PUBLIC NOTIFICATION: c hearin in accordance with the Town notification procedures. To date, no The item was noticed as a publi g comments have been submitted. SUMMARY OF FACTORS: Factors For rates and improved value - as specified by the OVZCR. rhe fee was calculated on the basis of current market p Factors Against None. SUGGESTED MOTIONS: I move to approve Ordinance (0) 05-03 , recreation area in-lieu fee proposal in the amount of$33,100 for subject to the condition listed in Exhibit A, attached herewith. Uplands at Lambert Lane OR I move to approve Ordinance (0) 05=-03 recreation area in-lieu fee proposal in the amount of $33,100 for subject to the condition listed in Exhibit A and the following added conditions: Uplands at Lambert Lane, s '� OR I move to deny Ordinance (0) 05-03 recreation area in-lieu fee proposal in the amount of $33,100 for Uplands at Lambert Lane, finding that: • F:\ov\ovinoo4\ov 12-04-06\final plat\In-lieuFeeTCrpt.doc i TOWN OF ORO VALLEY TOWN COUNCIL STAFF REPORT Page 3 of 3 Attachments: 1. Exhibit"A" 2. Ordinance (0)05-03 3. Appraisal Letter cc: Ron Asta, Fax: 545-7003 i „.."/7/-* / '67/ -- Planning and Zo.' g ministrator L / i ^ Co- ` 'ty De elopment Director 1410...d J4 ale A _ 1 li� Town Manage F:\ov\ovinoo4\ov 12-04-06\final plat\In-lieuFeeTCrpt.doc EXHIBIT A OV12-04-06 RECREATION AREA IN-LIEU FEE 1. The $33,100 in lieu fee must be submitted prior to the release of more than five lots. F:\ov\ovi2\2004\0V12-04-06\final plat\In-lieuFeeTCrpt.doc ORDINANCE NO. (0) 05-03 AN ORDINANCE FOR A RECREATIONAL AREA IN LIEU FEE PROPOSAL FOR THE UPLANDS AT LAMBERT LANE SUBDIVISION LOCATED 1/8 MILE WEST FROM THE INTERSECTION OF LA CANADA DRIVE AND LAMBERT LANE WITHIN THE EL CONQUISTADOR COUNTRY CLUB PLANNED AREA DEVELOPMENT, PARCEL 224-24-1570 WHEREAS, the applicant, CPE Consultants has proposed a recreational area in lieu fee proposal for the Uplands at Lambert Lane subdivision; and WHEREAS, based on the written appraisal, the in lieu fee proposal for $33,100 will satisfy the 8,276 square feet of recreation required for this subdivision; and WHEREAS, the Oro Valley Town Council has considered the recreational area in lieu proposal fee at a duly noticed public hearing and finds it is consistent with the Town's General Plan and ordinances. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF ORO VALLEY: SECTION 1. That the recreational area in lieu fee proposal in the amount of$33,100 will satisfy the 8,276 square feet of required recreation for Uplands at Lambert Lane, with the condition in Exhibit A. SECTION 2. That all ordinances and parts of ordinances in conflict herewith, and the same are hereby 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, 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 5th day of January, 2005. ATTEST: Katheryn E. Cuvelier, Town Clerk Paul H. Loomis, Mayor APPROVED AS TO FORM Town Attorney K1B REAL ESTATE APPRAISERS,INC. 3 File No. 8579-041 December 1, 2004 David Ronquillo, Planner Town of Oro Valley Community Development Dept. 11000 N. La Canada Dr. Tucson, AZ 85737 RE: Limited Appraisal prepared in a Summary Format of proposed subdivision to be known as the Uplands at Lambert Lane. Dear Mr. Ronquillo, In accordance with your request, I have performed a Limited appraisal of the property described above. This document is written in conformance with the Departure Rule of the Uniform Standards of Professional Appraisal Practice (USPAP) as adopted by the Appraisal Institute. In particular, this report departs from the following rules: 1-4 (b) and 1-4 (c). All information pertinent to the value conclusions contained herein is presented in a summary report format. This 411) summary report does not contain all of the information that would normally be found in a self- contained or complete report. The summary appraisal is limited to statements. of facts and conclusions, with most of the background information for the analysis retained in my file for future reference. As a direct result of the limited nature of this appraisal process, the value conclusions contained in this document are considered less reliable in comparison to the value conclusions derived from a complete appraisal process. Further, this report cannot be understood properly without reference to additional information contained within my files. Per USPAP (2003 Edition), this report format is intended for use solely by the Client, and any other parties using the report are considered to be unintended users. It is my understanding that this summary format is sufficient for your present needs. This document is written in conformance with the Uniform Standards of Professional Appraisal Practice as issued by the Appraisal Foundation (USPAP), Rule 2-2b, specifically pertaining to summary appraisal reports, which provides for such a reporting format so long as the report does not mislead or confuse the client, the users of the report, or the public. This summary report is considered sufficient such that the client and intended users of the report should understand it, and that they should deem the data, analysis and conclusions contained herein to be credible. 5235 N. Sabino Canyon Road, Suite 101 ♦Tucson,Arizona 85750♦Ph: 520-545-0000♦Fax: 520-545-0001 www.kbres.com ,..•....-__.. -. - _ :fir'•• -. .. a_. • - _ �.-_ �. _ _j S_ - .. w �•. i W 3.. . q •e. . i.�_. - Page 2 December 1, 2004 85�9 041 1 The date of valuation is November 23, 2 the date of the most recent inspection of the subject 004, propertyI) by Marie Parrish, a staff member of this firm. James S. Bradley, MAI, previously subjectproperty. Thepurpose of this valuation is to develop opinions of the "as is" inspected the s � 1 and "as if complete" market values of the fee simple interest in the above referenced property. - and p The intended use of this report is for decision-making purposes regarding the in-lieu fee proposal for the subject's recreation area requirement. prepared report hasre p beenared for Mr. David Ronquillo of the Town of Oro Valley Community Development Department for the above stated purpose and intended use. This report is not I intended to be used, transferred, or relied upon by any persons other than Mr. Ronquillo. KB Estate Appraisers, Inc. and the appraiser signing this report assume no responsibility to any Real pp � party, other than the client, who uses or relies on any information in this report. Based upon the data and discussions contained within this report and supported by information contained in the file, it is my opinion inion that the market values of the subject property as of November 23, 2004 are as follows. - MY OPINION OF THE MARKET VALUE OF THE SUBJECT PROPERTY, "AS IS" $1,150,000 MY OPINION OF THE MARKET VALUE OF THE SUBJECT PROPERTY, "AS IF COMPLETE" $1,650,000 J MY OPINION OF THE IN-LIEU FEE PROPOSAL FOR THE RECREATION AREA REQUIREMENT $33,100 It is estimated that the market value opinions could be achieved within a marketing time of 12 months. It is an Extraordinary Assumption tion of this report that the subject property is developable as 16 lots in accordance with the - specifications indicated in the preliminary plat map included in the addenda to this report. The "as if complete" valuation assumes that the subject lots are in a finished condition, suitable for development with residential housing units. Your attention is invited to the data and discussions contained in this document. If you have any questions or would like to consult the file,please do not hesitate to call. certify that I have inspected the subject property; that my fee was not contingent upon I hereby c fy p the value estimate contained herein; and that I have no interest, present or prospective, in the ] property appraised. Furthermore, I certify that, to the best of my knowledge and belief, all p statements and opinions contained in this letter are correct, subject to the assumptions, conditions, si..'1imiting conditions, and certification which are made a part of this letter. pec Respectful! it,.mitted, It l'' JAMES S. :RADLEY, MAI President- K:Real Estate Appraisers, Inc. Certified Ge al Real Estate Appraiser, _i�r»,,n � n rT i_!, )i v y j,1 1= -4 _ KB REAL ESTATE A PPR9 ISERS, INC. .:i -r-r;-e r� -�;�.,, :r� „Jr',tiP,. - _ o r a.',� '�uv� )4::,-:!X.,-- _:'�`bte.`nt`` .yA�! r• tt-t�i_%Jni:s>,= �ssk+ �• :�=s-c.++.=.�� �. -�i.;t=K��-�„ar���r,+,a'r'��..-11�.��� s-._"++,h r�-:•�!"+c7c--. "V— _3'.?Ts•= T.r;y.ri;f i-r.3y�c.t+sr'%sa+�•:rs-0, u q� - - - - . ':r 'FT .4"-q•r,."��.w= aes3.. :��:-y+7- i.:- > ..lr'2. �a�._ sem.--'i J`°`�:�:�� �+c:�a..v. X'.- '='a - -c.s-".a ,,.� -?`'c+*t '� : - ;, c�.. ►s;ra. ��T�ara :4,�-._ r :;,...„_ _V4.„\ -- --.'--5-',, - ^-x` -. s s^ '' .? 'i'- ,.t. .;k st,.. ti b ..b-�. r�' �o�r= •;r � SYa(.av^ - ' .r a--�-_- . - ye. _'r a "-yi. tib "+'3.s�3.-T'a'to.nit$:-. '34.t _ y .: 1z, , s:�.+d..'+.,- .it - .'a-.: �� - d1:'6:•'s +` y, _ .y}_�.e - -�v?Ya'- - y.w..`r..'-•,Lr . s=u_ ;;'_ _, ..._ ..'. �.Y •,�c-,"-_,_o•�=.,._ .__'�tt.-ir-G��r-�,.'�-._ _.s �.s+c_-.�� s�`i����- �� be�'•rt� ;��,+t.�a��2 - .. ,....._ _3... s ...3. _r_o,7csii a:s .v ''.' w'`iF .',�. r: a..,..r �; T.'c{'a.M1e. aro -1 ," ,3. iii!3.!' :'rJ t c Sc� y, t' 4:f�.�.l�i''r•" s'i.l-3.y`1-, . . �-... �c,� fir- 1�, :. -• .: ....' "5.. �'i+' xa'~ f�S� ':�'+ s �..e�� '�e''-34 �--'•ati —:'Ss�.`3a•„4 tram<..:-. ...a.....-k.,". A��.,La��IT!;.'iA_'1:�.!`!`::���i`.f e-'��+f'��-l,ey�''�Z".r �i� ���-Y•+ . -v _ <;' t-_:J s.�•.__..r- �6 A,>-<�1 � +�3k-�'Cv���l'��YhY'�+�s TOWN OF ORO VALLEY i I .,OUNCIL COMMUNICATION MEETING DATE: January 5, 2005 TO: HONORABLE MAYOR & COUNCIL FROM: Joseph Meyer, Management and Budget Analyst — NO. (0)05-04 RELATING TO THE PRIVILEGE Public HearingORDINANCE SUBJECT: LICENSE TAX; ADOPTING "THE 2002 AMENDMENTS TO THE TAX CODE OF THE TOWN OF ORO VALLEY, ARIZONA" BY REFERENCE; PROVIDING FOR SEVERABILITY AND PROVIDING PENALTIES FOR VIOLATIONS. SUMMARY: sales tax have adopted the Model Cities Tax Code. All Arizona cities and towns which impose local , model and incorporated the model language into the Town's The Town of Oro Valley has adopted this p Cities and Towns coordinates proposed statewide tax Tax Code. Periodically, the League of Arizona and tax code compliance throughout the State. The item you code amendments to promote uniformity p .have before you tonight would incorporate proposed tax code amendments for 2002 into the Town Code. she amendments are a combination of changes suggested by the Unified Audit Committee (a Department of Revenue) and the Arizona Tax statewide roup of city auditors and the Arizonap g in state sales tax law that were effective Research Association. The amendments reflect changes do ted annually, however because of an oversight back in 2002.T scally, these amendments area p yp this item is now before Council rather than n the League ue and the Town Finance Department,g p in 2002. No adverse impacts have resulted from this oversight. ANALYSIS: The League has provided a summary proposed of the tax code changes (Exhibit A). The amendments would have the following impacts on the tax code: ➢ Conforms the Model City Tax Code definitions for Qualifying Community Health Centers, in Hospitals to Arizona Revised Statutes and Qualifying Qualifying Healthcare Organizations,These changes will ensure that structures built as the above listed entities will be definitions. treated the same as an existing one. State law > Conforms the Model City Tax Code withby removing the used motor oil and lead acid battery fees. > Provides for standard treatment of construction contracts entered into near the time of a tax rate change. state law or codifypractices already in effect. The listed e changes seek to conform with Thes g changes willany,have little, if an , impact to the Town's sales tax base. G:\JOSEPH\02 Tax Code Amend Communication Ordinance.doc TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 2 of 2 ATTACHMENTS: 1. Summary of Proposed 2002 Model City Tax Code Changes. 2. ORDINANCE NO. (0)05- 04 RELATING TO THE PRIVILEGE LICENSE TAX; ADOPTING "THE 2002 AMENDMENTS TO THE TAX CODE OF THE TOWN OF ORO VALLEY, ARIZONA" BY REFERENCE; PROVIDING FOR SEVERABILITY AND PROVIDING PENALTIES FOR VIOLATIONS. 3. The 2002 Amendments to the Tax Code of the Town of Oro Varney. RECOMMENDATION: Approval of the ordinance is recommended. The changes will provide for conformity with Arizona Revised Statutes and codify the treatment of construction sales tax rates applied to contracts entered into near the time of a tax rate change. SUGGESTED MOTION: I move to approve ORDINANCE NO. (0)05- 04 ADOPTING THE "2002 AMENDMENTS TO THE TAX CODE OF THE TOWN OF ORO VALLEY, ARIZONA". OR I move to... J• J• - •h eyer anagement & Budget Analyst L=i1/ 6,1 iffer-k- - -.., , (7) ) David L. Andrews Fin. ce Direct r i ' I Chuck Swept Town Manager G:\JOSEPH\02 Tax Code Amend Communication Ordinance.doc Proposed 2002 Model City Tax Code Changes (October 29, 2002) 1. Conforms the Model City Tax Code definitions for Qualifying Community Health Center, Qualifying Health Care Organization and Qualifying Hospital to the A.R.S. definitions. These changes clarify that buildings being built to become one of these qualifying entities would be treated the same as an existing one. 2. Conforms the Model City Tax Code to state law regarding used oil fees and changes the treatment of lead acid battery fees. Used oil fees imposed under A.R.S. § 49-814 were repealed in 1997 (Laws 1997, Chapter 178, 1st Regular Session). The lead acid battery fees are not treated as exemptions by the state because no portion of this fee is ever paid to any State or Federal agency, and fees that are not refunded to purchasers are kept by the retailer. 3. Places language into the Model City Tax Code codifying the current practice of grandfathering in existing construction contracts when a sales tax rate is changed. 1 ORDINANCE NO. (0)05-04 AN ORDINANCE OF THE TOWN OF ORO VALLEY, ARIZONA, RELATING TO THE PRIVILEGE LICENSE TAX; ADOPTING "THE 2002 AMENDMENTS TO THE TAX CODE OF THE TOWN OF ORO VALLEY" BY REFERENCE; PROVIDING FOR SEVERABILITY AND PROVIDING PENALTIES FOR VIOLTIONS. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA: document known as "The 2002 Amendments to the Tax Section 1: That certain of Oro Valle three copies of which are on file in the office Code of the Town of Y� made a the Town of Oro Valley, Arizona, which document was the Town Clerk of Valle Arizona, Resolution No. (x 04-130 of the Town of Oro y, public record by � � out in this to, adopted and made a part hereof as if fully set is hereby referredp ordinance. person found guiltyof violating any provision of these Section 2: Any Each the tax code shall be guilty of a class one misdemeanor. amendments to day that a violation continues shall be a separate offense punishable as herein above described. subsection, sentence, clause, phrase or portion of this Section 3: If any section, su � ordinance or any part herein of these amendments to the tax code adopted by held to be invalid or unconstitutional is for any reason by the decision of any courtcompetentjurisdiction, affect the of such decision shall not validity of the remaining portions thereof. Mayor AND ADOPTED bythe Ma or and Town Council of the Town of Oro Valley, Arizona this 5th day of January , 2005. Paul H. Loomis, Mayor ATTEST: Kathryn E. Cuvelier, CMC, Town Clerk APPROVED AS TO FORM: Tobin Sidles, Acting Town Attorney 2002 AMENDMENTS TO THE TAX CODE OF THE TOWN OF ORO VALLEY Section 1. Section 8A-100 of the Tax Code of the Town of Oro Valley is amended to read: Sec. 8A-100. General definitions. For theur oses of this Chapter, the following definitions apply: P P "Assembler" means a person who unites or combines products, wares, or articles of manufacture so as to produce a change in form or substance of such items without changing or altering component parts. "Broker" engaged any person en9 9 ed or continuing in business who acts for another for a consideration in the conduct of a business activity taxable under this Chapter, and who receives for his principal rinci al all or part of the gross income from the taxable activity. "Business" means all activities or acts, personal or corporate, engaged in and caused to be of gainbenefit, or advantage, either direct or indirect, but not casual engaged in with the objectg activities or sales. "Business Day" means any day of the week when the Tax Collector's office is open for the public to conduct the Tax Collector's business. "Casual Activity or Sale" means a transaction of an isolated nature made by a person who neither represents himself to be nor is engaged in a business subject to a tax imposed by this Chapter. However, no sale, rental, license for use, or lease transaction concerning real property nor any activityentered into by a business taxable by this Chapter shall be treated, or be exempt, as casual. This definition shall include sales of used capital assets, provided that the volume and frequency fre of such sales do not indicate that the seller regularly engages in selling such property. "Combined Taxes" means the sum of all applicable Arizona Transaction Privilege and Use Taxes; all applicable transportation taxes imposed upon gross income by this County as authorized by Article III Chapter 6, Title 42, Arizona Revised Statutes; and all applicable taxes imposed by this Chapter. "Commercial Property" is any real property, or portion of such property, used for any purpose other than lodging or lodging space, including structures built for lodging but used otherwise, 9 9 such as model homes, apartments used as offices, etc. "Communications Channel" means any line, wire, cable, microwave, radio signal, light beam, telephone, telegraph, or any other electromagnetic means of moving a message. "Construction Contracting" refers to the activity of a construction contractor. "Construction Contractor" means a person who undertakes to or offers to undertake to, or purports to havecapacity the ca acit to undertake to, or submits a bid to, or does himself or by or through others, construct alter, repair, add to, subtract from, improve, move, wreck, or demolish any building, highway,hi hwa , road, railroad, excavation, or other structure, project, p development, or improvement to real property, or to do any part thereof. "Construction contractor" includes subcontractors, specialty contractors, prime contractors, and any person consideration for the general supervision and/or coordination of such a construction receiving project except for remediation contracting. This definition shall govern without regard to whether or not the construction contractor is acting in fulfillment of a contract. "Delivery (ofby Notice) the Tax Collector" means "receipt (of notice) by the taxpayer". "Delivery, Installation, or Other Direct Customer Services" means services or labor, excluding repair labor, a provided bytaxpayer to or for his customer at the time of transfer of tangible personal property; provided- further that the charge for such labor or service is separately billed to the customer and maintained separately in the taxpayer's books and records. "Engaging" when used with reference to engaging or continuing in business, includes the , exercise of corporate or franchise powers. "Equivalent Excise Tax" means either: (1) a gPrivilege or Use Tax levied by another Arizona municipality upon the transaction in question, and paid either to such Arizona municipality directly or to the vendor; or an excise tax levied by a political subdivision of a state other than Arizona upon (2) directly transaction in question, and paid either to such jurisdiction or to the vendor; or an excise tax levied by a Native American Government organized under the laws (3) and paid either to of the federal government upon the transaction in question, such jurisdiction directly or to the vendor. "Federal Government" means the United States Government, its departments and agencies; but not includingnational banks or federally chartered or insured banks, savings and loan institutions, or credit unions. "Food an" means items intended for human consumption as defined by rules and regulations Y by Department the De artment of Revenue, State of Arizona, pursuant to A.R.S. Section 42-5106. Under no circumstances shall "food" include alcoholic beverages or tobacco, or food items purchased for use in conversion to any form of alcohol by distillation, fermentation, brewing, or other process. "Hotel" any el" means public or private hotel, inn, hostelry, tourist home, house, motel, rooming H p house, apartment house, trailer, or other lodging place within the Town offering lodging, wherein the owner thereof, for compensation, furnishes lodging to any transient, except foster homes rest homes, sheltered care homes, nursing homes, or primary health care facilities. , "Jet Fuel" means jet fuel as defined in A.R.S. Section 42-5351. "Job Printing" means the activity of copying or reproducing an article by any means, process, or method. "Job printing" includes engraving of printing plates, embossing, copying, micrographics, and photo reproduction. "Lessee" includes the equivalent person in a rental or licensing agreement for all purposes of this Chapter. "Lessor" includes the equivalent person in a rental or licensing agreement for all purposes of this Chapter. "Licensing (for Use)" means any agreement between the user ("licensee") and the owner or the owner's agent ("licensor") for the use of the licensor's property whereby the licensor receives consideration, where such agreement does not qualify as a "sale" or "lease" or "rental" agreement. "Lodging (Lodging Space)" means any room or apartment in a hotel or any other provider of rooms, trailer spaces, or other residential dwelling spaces; or the furnishings or services and accommodations accompanying the use and possession of said dwelling space, including storage or parking space for the property of said tenant. "Manufactured Buildings" means a manufactured home, mobile home or factory built building, as defined in A.R.S. Section 41-2142. "Manufacturer" means a person engaged or continuing in the business of fabricating, producing, or manufacturing products, wares, or articles for use from other forms of tangible personal property, imparting to such new forms, qualities, properties, and combinations. "Mining and Metallurgical Supplies" means all tangible personal property acquired by persons engaged in activities defined in Section 8A-432 for such use. This definition shall not include: (1) janitorial equipment and supplies. (2) office equipment, office furniture, and office supplies. (3) motor vehicles licensed for use upon the highways of the State. "Modifier" means a person who reworks, changes, or adds to products, wares, or articles of manufacture. "Nonprofit Entity" means any entity organized and operated exclusively for charitable purposes, or operated by the Federal Government, the State, or any political subdivision of the State. "Occupancy (of Real Property)" means any occupancy or use, or any right to occupy or use, real property including any improvements, rights, or interests in such property. "Out-of-Town Sale" means the sale of tangible personal property and job printing if all of the following occur: (1) transference of title and possession occur without the Town; and (2) the stock from which such personal property was taken was not within the corporate limits of the Town; and (3) the order is received at a permanent business location of the seller located outside the Town; which location is used for the substantial and regular conduct of such business sales activity. In no event shall the place of business of the buyer be determinative of the situs of the receipt of the order. For the purpose of this definition it does not matter that all other indicia of business occur within the Town, including, but not limited to, accounting, invoicing, payments, centralized purchasing, and supply to out-of-Town storehouses and out -of-Town retail branch outlets from a primary storehouse within the Town. "Out-of-State Sale" means the sale of tangible personal property and job printing if all of the following occur: (1) The order is placed from without the State of Arizona; and (2) the order is placed by other than a resident of the State to be determined in a manner similar to "resides within the Town"; and (3) the property is delivered to the buyer at a location outside the State; and (4) the property is purchased for use outside the State. "Owner-Builder" means an owner or lessor of real property who, by himself or by or through others, constructs or has constructed or reconstructs or has reconstructed any improvement to real property. "Person" means an individual, firm, partnership, joint venture, association, corporation, estate, trust, receiver, syndicate, broker, the Federal Government, this State, or any political subdivision or agency of this State. For the purposes of this Chapter, a person shall be considered a distinct and separate person from any general or limited partnership or joint venture or other association with which such person is affiliated. A subsidiary corporation shall be considered a separate person from its parent corporation for purposes of taxation of transactions with its parent corporation. "Prosthetic" means any of the following tangible personal property if such items are prescribed or recommended by a licensed podiatrist, chiropractor, dentist, physician or surgeon, naturopath, optometrist, osteopathic physician or surgeon, psychologist, hearing aid dispenser, physician assistant, nurse practitioner or veterinarian: (1) any man-made device for support or replacement of a part of the body, or to increase acuity of one of the senses. Such items include: prescription eyeglasses; contact lenses; hearing aids; artificial limbs or teeth; neck, back, arm, leg, or similar braces. (2) insulin, insulin syringes, and glucose test strips sold with or without a prescription. (3) hospital beds, crutches, wheelchairs, similar home health aids, or corrective shoes. (4) drugs or medicine, including oxygen. (5) equipment used to generate, monitor, or provide health support systems, such as respiratory equipment, oxygen concentrator, dialysis machine. (6) durable medical equipment which has a federal health care financing administration common procedure code, is designated reimbursable by Medicare, can withstand repeated use, is primarily and customarily used to serve a medical purpose, is generally not useful to a person in the absence of illness or injury and is appropriate for use in the home. "Qualifying Community Health Center" (a) means an entity that is recognized as nonprofit under SECTION 501(c)(3) of the United States Internal Revenue Code, that is a community-based, primary care clinic that has a community-based board of directors and that is either: (1) the sole provider of primary care in the community. (2) a Pnonhospital affiliated clinic that is located in a federally designated medically underserved area in this State. (b) INCLUDES CLINICS THAT ARE BEING CONSTRUCTED AS QUALIFYING COMMUNITY HEALTH CENTERS. "Qualifying Health Care Organization" means an entity that is recognized as nonprofit under Y 9 Section 501(c) of the United States Internal Revenue Code and that uses, SAVES OR INVESTS at least eighty percent (80%) of all monies that it receives from all sources each year • only for health and medical related educational and charitable services, as documented by annual financial auditsP repared by an independent certified public accountant, performed according to generally accepted accounting standards and filed annually with the Arizona Department of Revenue. MONIES THAT ARE USED, SAVED OR INVESTED TO LEASE, PURCHASE OR CONSTRUCT A FACILITY FOR HEALTH AND MEDICAL RELATED EDUCATION AND CHARITABLE SERVICES ARE INCLUDED IN THE EIGHTY PERCENT (80%) REQUIREMENT. "Qualifying Hospital" means ANY OF THE FOLLOWING: (1) a licensed hospital which is organized and operated exclusively for charitable purposes, no part of the net earnings of which inures to the benefit of any private shareholder or individual. (2) a licensed nursing care institution or a licensed residential care institution or a residential care facility operated in conjunction with a licensed nursing care institution or a licensed kidney dialysis center, which provides medical services, nursing services or health related services and is not used or held for profit. (3) a hospital, nursing care institution or residential care institution which is operated by the federal government, this State or a political subdivision of this State. (4) A FACILITY THAT IS UNDER CONSTRUCTION AND THAT ON COMPLETION WILL BE A FACILITY UNDER SUBDIVISION (1), (2) OR (3) OF THIS PARAGRAPH. "Receipt (of Notice) by the Taxpayer" means the earlier of actual receipt or the first attempted delivery by certified United States mail to the taxpayer's address of record with the Tax Collector. "Remediation" means those actions that are reasonable, necessary, cost-effective and technically feasible in the event of the release or threat of release of hazardous substances into the environment such that the waters of the State are or may be affected, such actions as may be necessary to monitor, assess and evaluate such release or threat of release, actions of remediation, removal or disposal of hazardous substances or taking such other actions as may be necessary to prevent, minimize or mitigate damage to the public health or welfare or to the waters of the State which may otherwise result from a release or threat of release of a hazardous substance that will or may affect the waters of the State. Remediation activities include the use of biostimulation with indigenous microbes and bioaugmentation using microbes that are nonpathogenic, nonopportunistic and that are naturally occurring. Remediation activities may include community information and participation costs and providing an alternative drinking water supply. Rental Equipment" means tangible personal property sold, rented, leased, or licensed to p 9 customers to the extent that the item is actually used by the customer for rental, lease, or license to others; provided that: (1) (Reserved) (2) the vendee is regularly engaged in the business of renting, leasing, or licensing such property for a consideration; and (3) the item so claimed as "rental equipment" is not used by the person claiming the exemption for any purpose other than rental, lease, or license for compensation, to an extent greater than fifteen percent (15%) of its actual use. "Rental Supply" means an expendable or nonexpendable repair or replacement part sold to become part of"rental equipment", provided that: (1) the documentation relating to each purchased item so claimed specifically itemizes to the vendor the actual item of "rental equipment" to which the purchased item is intended to be attached as a repair or replacement part; and (2) the vendee is regularly engaged in the business of renting, leasing, or licensing such property for a consideration; and (3) the item so claimed as "rental equipment" is not used by the person claiming the exemption for any purpose other than rental, lease, or license for compensation, to an extent greater than fifteen percent (15%) of its actual use. "Repairer" means a person who restores or renews products, wares, or articles of manufacture. "Resides within the Town" means in cases other than individuals, whose legal addresses are determinative of residence, the engaging, continuing, or conducting of regular business activity within the Town. "Restaurant" means any business activity where articles of food, drink, or condiment are customarily prepared or served to patrons for consumption on or off the premises, also including bars, cocktail lounges, the dining rooms of hotels, and all caterers. For the purposes of this Chapter, a "fast food" business, which includes street vendors and mobile vendors selling in public areas or at entertainment or sports or similar events, who prepares or sells food or drink for consumption on or off the premises is considered a "restaurant", and not a "retailer". "Retail Sale (Sale at Retail)" means the sale of tangible personal property, except the sale of tangible personal property to a person regularly engaged in the business of selling such 9 property. "Retailer" means any person engaged or continuing in the business of sales of tangible personal property at retail. "Sale" means any transfer of title or possession, or both, exchange, barter, conditional or otherwise, in any manner or by any means whatsoever, including consignment transactions and auctions, of property for a consideration. "Sale" includes any transaction whereby the possession of such property is transferred but the seller retains the title as security for the payment ment of the price. "Sale" also includes the fabrication of tangible personal property for consumers who, in whole or in part, furnish either directly or indirectly the materials used in such fabrication work. "Speculative Builder" means either: (1) an owner-builder who sells or contracts to sell, at anytime, improved real property (as provided in Section 8A-416) consisting of: A) custom, model, or inventory homes, regardless of the stage of completion of such homes; or B) improved residential or commercial lots without a structure; or (2) an owner-builder who sells or contracts to sell improved real property, other than improved real property specified in subsection (1) above: A) prior to completion; or B) before the expiration of twenty-four (24) months after the improvements of the real property sold are substantially complete. "Substantially Complete" means the construction contracting or reconstruction contracting: (1) has passed final inspection or its equivalent; or (2) certificate of occupancy or its equivalent has been issued; or (3) is ready for immediate occupancy or use. "Supplier" means any person who rents, leases, licenses, or makes sales of tangible personal property within the Town, either directly to the consumer or customer or to wholesalers, jobbers, P Y fabricators, manufacturers, modifiers, assemblers, repairers, or those engaged in the business ofrovidin services which involve the use, sale, rental, lease, or license of tangible personal p 9 property. "Tax Collector" means the Town Council or its designee or agent for all purposes under this Chapter. an er "TaxP Y a " means person liable for any tax under this Chapter. Y "Telecommunication Service" means any service or activity connected with the transmission or relay of sound, visual image, data, information, images, or material over a communications channel or any combination of communications channels. "Utility Service" means the producing, providing, or furnishing of electricity, electric lights, current, power, gas (natural or artificial), or water to consumers or ratepayers. Section 2. Section -260 of the Tax Code of the Town of is amended to read: Sec. 8A-260. Exclusion of fees and taxes from gross income; limitations. (a) There shall be excluded from gross income of vendors of motor vehicles those motor vehicle registration fees, license fees and taxes, and lieu taxes imposed pursuant to Title 28, Arizona Revised Statutes in connection with the initial purchase of a motor vehicle, but only to the extent that such taxes or fees or both have been separately itemized and collected from the purchaser of the motor vehicle by the vendor, actually remitted to the proper registering, licensing, and taxing authorities, and the provisions of Article III, regarding recordkeeping, are met. For the purpose of the exclusion provided by this subsection only, the terms vendor and vendee shall also apply to a lessor and lessee respectively, of a motor vehicle if, in addition to all other requirements of this subsection, the lease agreement specifically requires the lessee to pay such fees or taxes, and such amounts are separately itemized in the documentation provided to the lessee. (b) There shall be excluded from gross income of vendors at retail of heavy trucks and trailers, the amount attributable to Federal Excise Taxes imposed by 26 U.S.C. Section 4051, but only to the extent that the provisions of Article III, relating to recordkeeping, have been met. (c) There shall be excluded from gross income the following fees, taxes, and lieu taxes, but only to the extent that such taxes or fees or both have been separately itemized and collected from the purchaser by the vendor, actually remitted to the proper registering, licensing, and taxing authorities, and the provisions of Article III, regarding recordkeeping, are met: (1) emergency telecommunication services excise tax imposed pursuant to A.R.S. Section 42-5252. "Emergency telecommunication services" means telecommunication services or systems that use number 911 or a similarly designated telephone number for emergency calls; (2) the telecommunication devices for the deaf and the severely hearing and speech impaired excise tax imposed pursuant to A.R.S. Section 42-5252; (3) federal excise taxes on communications services as imposed by 26 U.S.C. § 4251; (4) car rental surcharge imposed pursuant to A.R.S. Section 48-4234; (5) federal excise taxes on passenger vehicles as imposed by 26 U.S.C. §4001(.01); (6) waste tire disposal fees, imposed pursuant to A.R.S. Section 44-1302; 7 (d) There shall be excluded from gross income of vendors of motor vehicles dealer documentation fees, but only to the extent that such fees have been separately itemized and collected from the purchaser of the motor vehicle by the vendor. Section 3. Regulation 8A-415.3 of the Tax Code of the Town of Oro Valley is added to read: REG. 8A-415.3. CONSTRUCTION CONTRACTING; TAX RATE EFFECTIVE DATE. A. IN THE EVENT OF A TAX RATE CHANGE, THE RATE IMPOSED ON GROSS INCOME FROM CONSTRUCTION CONTRACTING SHALL BE COMPUTED BASED UPON THE RATE IN EFFECT WHEN THE CONTRACT WAS EXECUTED, SUBJECT TO THE "ENACTMENT DATE" AS DEFINED IN THIS SECTION. GROSS INCOME FROM A CONTRACT EXECUTED PRIOR TO THE ENACTMENT DATE SHALL NOT BE SUBJECT TO THE TAX RATE CHANGE, PROVIDED THE CONTRACT CONTAINS NO PROVISION THAT ENTITLES THE CONSTRUCTION CONTRACTOR TO RECOVER THE AMOUNT OF THE TAX. B. IN THE EVENT OF A RATE INCREASE, IN ORDER TO QUALIFY FOR THE LOWER RATE, THE CONSTRUCTION CONTRACTOR SHALL, UPON REQUEST, PROVIDE SUFFICIENT DOCUMENTATION, IN A MANNER AND FORM PRESCRIBED BY THE TAX COLLECTOR, TO VERIFY THAT A CONTRACT WAS ENTERED INTO BEFORE THE ENACTMENT DATE. C. FOR PURPOSES OF THIS SECTION, "ENACTMENT DATE" SHALL BE: (1) IN THE EVENT AN ELECTION IS HELD, THE DATE OF ELECTION. (2) IN THE EVENT NO ELECTION IS HELD, THE DATE OF FINAL ADOPTION BY THE MAYOR AND COUNCIL. (3) NOTWITHSTANDING THE ABOVE, NOTHING IN THIS SECTION SHALL BE CONSTRUED TO PREVENT THE TOWN FROM ESTABLISHING A LATER ENACTMENT DATE. TOWN OF ORO VALLEY I2 COUNCIL COMMUNICATION MEETING DATE: January 5, 2005 TO: HONORABLE MAYOR & COUNCIL FROM: Kathryn Cuvelier, Town Clerk SUBJECT: TOWN COUNCIL LIAISON ASSIGNMENTS TO BOARDS, COMMISSIONS, AND OUTSIDE AGENCIES SUMMARY: The Town Council temporary liaison assignments were approved by the Mayor and Council June 2004. Is the Council happy with their Liaison Assignments or would the Council like to make any changes? SUGGESTED MOTION: I MOVE to approve the current Town Council Liaison Assignments as listed below: °lanning & Zoning Commission Barry Gillaspie Development Review Board Conny Culver Parks & Recreation Advisory Board K.C. Carter Budget & Bond Committee Helen Dankwerth Water Utility Commission Paul Loomis Police Department Terry Parish MTCVB Terry Parish GTEC Paul Loomis GTEC Alternate Terry Parish Chamber of NW Pima County Conny Culver Legislative Liaison Helen Dankwerth Pima Association of Governments Paul Loomis Pima Association of Governments Alternate Barry Gillaspie Amphitheater School District Liaison Paula Abbott Or I MOVE to approve the following Liaison Assignments: � � 4 Kathryn E. Cuvelier, CMC To • Jerk 1 VP' Chuck Sweet, Town Manager 1 Lk TOWN OF ORO VALLEY "'OUNCIL COMMUNICATION MEETING DATE: January 5, 2005 TO: HONORABLE MAYOR & COUNCIL MEMBERS FROM: JEFFREY H. WEIR, CEcD ECONOMIC DEVELOPMENT ADMINISTRATOR SUBJECT: RECOGNITION OF AN ARIZONA DEPARTMENT OF COMMERCE JOB TRAINING AWARD TO VENTANA MEDICAL SYSTEMS INC. SUMMARY: The importance of a well educated and trained workforce is critical for businesses in today's global economy. Nowhere is the need for a prepared and motivated workforce more intensive than in the highly competitive industry of bio-sciences. As important as the initial preparedness to secure a job is the need for continuing training to achieve new skills and capabilities. On October 27, 2004 the Arizona Department of Commerce (ADOC) awarded a Job Training Program ram grant of $ 443,248.00 to Ventana Medical Systems Inc. (VMSI). A requirement of the grant is that the company must match the grant amount. This will -esult in $ 886,496.00 being applied to assist existing employees at VMSI in ,ccomp lishing the training and skill enhancements necessary to retain their jobs. The grant will provide training for 394 incumbent employees whom earn an average of 27.81 per hour or $ 57,845.00 annually. These important high paying high skill jobs are crucial to the successful achievement of the Town's Community Economic Development Strategy (CEDS). A main component of the CEDS is the creation of jobs for people living in Oro Valley. Finally, this is a great opportunity to recognize how the Economic Development professionals in the Tucson region work together. The City of Tucson's Office of Economic Development (OED) has for many years provided the trained personnel to assist in the and submission of the "paperwork" for all business applicants seeking job preparation training funds from the ADOC. Tonight, representatives fro 0 7D and from VMSI will recognizing join me in this award. el ---- 4/ t‘i / ..- '" 3 • H. WEIR, CEcD EC•NOMIC DEVELOPMENT ADM. ,...,.,9a-4,-4-4 ( juet;/ 0.5 DAVID ANDREWS ACTING TOWN MANAGER Weir, Jeffrey From: LindaG@azcommerce.com cent: Monday, December 27, 2004 9:15 AM Weir, Jeffrey subject: FW: 1/5/05 AGENDA Importance: High > Jeff, > Per our conversation, please add the Arizona Department of Commerce > and Ventana Medical Systems to the January 5, 2005 Oro Valley Town > Council Meeting. ADOC Regional Reprsentative Roberto Rios will be > presenting a Job Training Grant of $443,248 to Ventana Medical > Systems. The presentation should take no longer than 10 minutes. We have invited Rep. > Pete Hersberger, Rep. Steve Huffman and Senator Toni Hellon to > participate in the presentation. > Please confirm that we have been added to the agenda. > Thank you, > Linda Garisto > Arizona Department of Commerce > Public Information Officer > 602-771-1107 > lindag@azcommerce.com > Our Job is JOBS ! This E-mail has been scanned by McAfee WebShield and is delivered to you virus free. Infected attachments associated with this E-mail have either been deleted or cleaned. --Town of Oro Valley Information Technology Division 1